Vol. 84 Monday, No. 160 August 19, 2019

Pages 42799–43036

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 160

Monday, August 19, 2019

Agriculture Department Consumer Product Safety Commission See Rural Housing Service PROPOSED RULES Performance Requirements for Residential Gas Furnaces Alcohol and Tobacco Tax and Trade Bureau and Boilers, 42847–42854 PROPOSED RULES Establishment of the Candy Mountain Viticultural Area and Defense Department Modification of the Yakima Valley Viticultural Area, RULES 42863–42869 Collecting and Reporting of Foreign Indebtedness Within the Department of Defense, 42808–42809 Centers for Disease Control and Prevention Recoupment of Nonrecurring Costs on Sales of U.S. Items, NOTICES 42808 Meetings: National Institute for Occupational Safety and Health Economic Development Administration World Trade Center Health Program Scientific/ PROPOSED RULES Technical Advisory Committee, 42918–42919 General Updates and Elimination of Certain Trade State-Based Occupational Health Surveillance, 42920– Adjustment Assistance for Firms and Public Works and 42921 Economic Development Act Regulations, 42831–42842 Requests for Nominations: Advisory Council for the Elimination of Tuberculosis, Employment and Training Administration 42919–42920 NOTICES Centers for Medicare & Medicaid Services Trade Adjustment Assistance; Determinations, 42956–42962 NOTICES Worker Adjustment Assistance; Investigations, 42954– Agency Information Collection Activities; Proposals, 42956 Submissions, and Approvals, 42921–42922 Energy Department Children and Families Administration See Federal Energy Regulatory Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Energy Conservation Program: Submissions, and Approvals: Procedures, Interpretations, and Policies for Evaluation of the Child Welfare Capacity Building Consideration of New or Revised Energy Collaborative, 42923–42924 Conservation Standards for Consumer Products, Meetings: 42830–42831 National Advisory Committee on the Sex Trafficking of NOTICES Children and Youth in the United States, 42922– Meetings: 42923 Environmental Management Site-Specific Advisory Board, Oak Ridge, 42906 Coast Guard Requests for Information: RULES Engaging Governors To Advance State Energy Priorities, Safety Zone: 42906–42907 Delaware River; Baker Range, DE and NJ, 42809–42812 Kanawha River, Charleston, WV, 42812–42814 Environmental Protection Agency Ohio River, Point Pleasant, WV, 42814–42815 RULES Special Local Regulations: Air Quality State Implementation Plans; Approvals and Marine Events Within the Fifth Coast Guard District, Promulgations: 42809 Minnesota; Flint Hills Sulfur Dioxide (SO2) Revision, PROPOSED RULES 42825–42827 Safety Zone: New Mexico; Approval of Revised Statutes; Error Massachusetts Bay Transportation Authority Railroad Correction, 42819–42825 Bridge Replacement Project, Annisquam River, PROPOSED RULES Gloucester, MA, 42869–42871 Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Illinois; Emissions Reduction Market System Sunsetting, Submissions, and Approvals, 42938–42942 42872–42876 Meetings: Indiana; Limited Maintenance Plan for 1997 Ozone Great Lakes Pilotage Advisory Committee, 42937–42938 NAAQS; Evansville, Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute, 42876– Commerce Department 42881 See Economic Development Administration New Mexico; Approval of Revised Statutes; Error See Foreign-Trade Zones Board Correction, 42871–42872 See International Trade Administration Ohio; Second Limited Maintenance Plans for 1997 Ozone See National Oceanic and Atmospheric Administration NAAQS, 42881–42887

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NOTICES Petition for Waiver of Compliance, 42978–42979 Manufacturer Request for Risk Evaluation Under the Toxic Substances Control Act: Federal Reserve System Di-isodecyl Phthalate, 42914–42915 NOTICES Di-isononyl Phthalate, 42912–42913 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Federal Aviation Administration Company, 42916–42917 RULES Security Threat Disqualification Update, 42799–42804 Fish and Wildlife Service Special Conditions: RULES Mitsubishi Aircraft Corporation Model MRJ–200 Migratory Bird Hunting: Airplane; Airplane Electronic-System Security Frameworks for Migratory Bird Hunting Regulations, Protection From Unauthorized Internal and External 42996–43032 Access, 42804–42805 PROPOSED RULES Food and Drug Administration Special Conditions: NOTICES The Boeing Company Model 777–9 Series Airplane; Agency Information Collection Activities; Proposals, Overhead Flight Attendant Rest Compartment, Submissions, and Approvals: 42842–42847 Guidance for Industry on Dear Health Care Provider NOTICES Letters: Improving Communication of Important Agency Information Collection Activities; Proposals, Safety Information, 42929–42930 Submissions, and Approvals: Mammography Quality Standards Act Requirements, Human Space Flight Requirements for Crew and Space 42931–42934 Flight Participants, 42977 Review Transparency and Communication in Reviews of Airport Investment Partnership Program, 42977–42978 351(k) Biologics License Applications in Biosimilars User Fee Act, 42926–42927 Federal Bureau of Investigation Guidance: NOTICES International Cooperation on Harmonisation of Technical Agency Information Collection Activities; Proposals, Requirements for Registration of Veterinary Submissions, and Approvals, 42951–42952 Medicinal Products; Studies To Evaluate the Federal Communications Commission Metabolism and Residue Kinetics of Veterinary Drugs NOTICES in Food-Producing Species: Marker Residue Meetings: Depletion Studies To Establish Product Withdrawal Technological Advisory Council, 42915 Periods in Aquatic Species, 42927–42929 Meetings: Federal Deposit Insurance Corporation Food and Drug Administration Science Forum 2019, NOTICES 42930–42931 Meetings; Sunshine Act, 42915–42916 Nonprescription Drugs Advisory Committee, 42924– 42926 Federal Election Commission NOTICES Foreign-Trade Zones Board Meetings; Sunshine Act, 42916 NOTICES Approval of Subzone Status: Federal Energy Regulatory Commission Offshore Energy Services, Inc., Broussard, LA, 42888 NOTICES Application: General Services Administration Erie Boulevard Hydropower, LP, 42911 NOTICES Red River Hydro, LLC, 42907 Agency Information Collection Activities; Proposals, Combined Filings, 42909–42911 Submissions, and Approvals: Effectiveness of Exempt Wholesale Generator Status: General Services Administration Acquisition Regulation; Glen Ullin Energy Center, LLC, Wildhorse Wind Energy, Construction Manager as Constructor, 42917–42918 LLC, Blossburg Power, LLC, et al., 42908–42909 Petition for Declaratory Order: Government Accountability Office New York Power Authority, 42907–42908 NOTICES Saddlehorn Pipeline Company, LLC, 42912 Requests for Nominations: Staff Review of Enforcement Programs: Health Information Technology Advisory Committee, North American Electric Reliability Corp., 42908 42918 Federal Financial Institutions Examination Council Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Meetings: See Centers for Medicare & Medicaid Services Appraisal Subcommittee, 42916 See Children and Families Administration See Food and Drug Administration Federal Railroad Administration See Indian Health Service NOTICES See National Institutes of Health Funding Opportunity: NOTICES Consolidated Rail Infrastructure and Safety Meetings: Improvements, 42979–42990 Tick-Borne Disease Working Group, 42934

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Homeland Security Department International Trade Commission See Coast Guard NOTICES See U.S. Customs and Border Protection Investigations; Determinations, Modifications, and Rulings, etc.: Certain Blood Cholesterol Testing Strips and Associated Housing and Urban Development Department Systems Containing the Same, 42949–42950 PROPOSED RULES Certain Magnetic Tape Cartridges and Components Implementation of the Fair Housing Act’s Disparate Impact Thereof, 42948 Standard, 42854–42863 Hot-Rolled Steel Products From China, India, Indonesia, NOTICES Taiwan, Thailand, and Ukraine, 42948–42949 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Judicial Conference of the United States Family Report, Moving to Work Family Report, Moving NOTICES to Work Expansion Family Report, 42943–42946 Hearings: Single Family Premium Collection Subsystem—Upfront, Advisory Committees on the Federal Rules of Appellate, 42943 Bankruptcy, and Civil Procedure, 42951 Justice Department Indian Affairs Bureau See Federal Bureau of Investigation RULES NOTICES Rights-of-Way on Indian Land: Agency Information Collection Activities; Proposals, Bond Exemption, 42806–42808 Submissions, and Approvals: Return A—Monthly Return of Offenses Known to Police; Supplement to Return A—Monthly Return of Indian Health Service Offenses Known to Police, 42952 NOTICES Summary of Sentenced Population Movement—National Agency Information Collection Activities; Proposals, Prisoner Statistics, 42952–42953 Submissions, and Approvals: Requests for Nominations: Indian Health Service Forms To Implement the Privacy Task Force on Research on Violence Against American Rule, 42935–42936 Indian and Alaska Native Women, 42954 Labor Department Interior Department See Employment and Training Administration See Fish and Wildlife Service See Indian Affairs Bureau Land Management Bureau See Land Management Bureau NOTICES See National Park Service Federal Competitive Coal Lease Sale: NOTICES Ohio—Coal Lease Application OHES 057390, 42947– Columbia River Treaty Negotiations With Canada, 42946 42948 Meetings: Internal Revenue Service Boise District Resource Advisory Council, Idaho, 42946– NOTICES 42947 Agency Information Collection Activities; Proposals, National Aeronautics and Space Administration Submissions, and Approvals, 42990–42991 NOTICES Centennial Challenge Vascular Tissue Challenge, 42962 International Trade Administration National Institutes of Health NOTICES Antidumping or Countervailing Duty Investigations, Orders, NOTICES Meetings: or Reviews: Eunice Kennedy Shriver National Institute of Child Carbon Steel Butt-Weld Pipe Fittings From the People’s Health and Human Development, 42936–42937 Republic of China, 42897–42898 National Human Genome Research Institute, 42936 Certain Collated Steel Staples From the People’s Republic National Institute on Minority Health and Health of China, 42896 Disparities, 42936 Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea, 42893–42894 National Oceanic and Atmospheric Administration Chlorinated Isocyanurates From Spain, 42898–42900 RULES Chlorinated Isocyanurates From the People’s Republic of Atlantic Highly Migratory Species: China, 42891–42893 Commercial Aggregated Large Coastal Shark and Citric Acid and Certain Citrate Salts From Canada, Hammerhead Shark Management Group in the 42890–42891 Atlantic Region; Retention Limit Adjustment, 42827– Small Diameter Graphite Electrodes From the People’s 42829 Republic of China, 42888–42889 NOTICES Application: Agency Information Collection Activities; Proposals, Duty-Free Entry of Scientific Instruments, 42889–42890 Submissions, and Approvals, 42901–42902, 42904– Determination in Less Than Fair Value Investigation: 42906 Refillable Stainless Steel Kegs From Mexico, 42894– Meetings: 42896 New England Fishery Management Council, 42902

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Pacific Fishery Management Council, 42900–42901 See Federal Railroad Administration Request for Nominations: Marine Mammal Scientific Review Groups, 42902–42904 Treasury Department See Alcohol and Tobacco Tax and Trade Bureau National Park Service See Internal Revenue Service RULES See United States Mint Death Valley National Park; Designation of Airstrip, 42815– 42819 U.S. Customs and Border Protection Nuclear Regulatory Commission NOTICES NOTICES Customs Broker’s License Examination: License Amendment Application; Withdrawal: October 2019; New Date, 42942–42943 Exelon Generation Company, LLC, Three Mile Island Nuclear Station, Unit 1, 42962–42963 United States Mint NOTICES Postal Service Pricing for the 2019 Apollo 11 50th Anniversary NOTICES Commemorative Coins and Kennedy/Apollo 11 Intaglio Market Test of Experimental Product: Plus One, 42963 Print, 42991 Presidential Documents ADMINISTRATIVE ORDERS Veterans Affairs Department Brazil; Designation as Major Non-NATO Ally (Presidential NOTICES Determination No. 2019–21 of July 31, 2019), 43033– Agency Information Collection Activities; Proposals, 43035 Submissions, and Approvals: Environmental Hazards Registry Worksheet, 42993 Railroad Retirement Board Health Professional Scholarship and Visual Impairment NOTICES and Orientation and Mobility Professional Meetings; Sunshine Act, 42963 Scholarship Programs, 42991–42993 Meetings: Rural Housing Service National Academic Affiliations Council, 42993–42994 RULES Single Family Housing Guaranteed Loan Program; Correction, 42799 Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Self-Regulatory Organizations; Proposed Rule Changes: Interior Department, Fish and Wildlife Service, 42996– Cboe EDGX Exchange, Inc., 42971–42974 43032 New York Stock Exchange, LLC, 42967–42971 NYSE Arca, Inc., 42963–42964 Part III The Nasdaq Stock Market, LLC, 42964–42967 Presidential Documents, 43033–43035 Small Business Administration NOTICES Meetings: Reader Aids National Women’s Business Council, 42975 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice Trade Representative, Office of United States of recently enacted public laws. NOTICES 2019 Special 301 Out-of-Cycle Review of Notorious To subscribe to the Federal Register Table of Contents Markets, 42975–42976 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or See Federal Aviation Administration manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Determinations: No. 2019–21 of July 31, 2019 ...... 43035 7 CFR 3555...... 42799 10 CFR Proposed Rules: 430...... 42830 431...... 42830 13 CFR Proposed Rules: 302...... 42831 315...... 42831 14 CFR 3...... 42799 25...... 42804 61...... 42799 63...... 42799 65...... 42799 Proposed Rules: 25...... 42842 16 CFR Proposed Rules: Ch. II ...... 42847 24 CFR Proposed Rules: 100...... 42854 25 CFR 169...... 42806 27 CFR Proposed Rules: 9...... 42863 32 CFR 165...... 42808 268...... 42808 33 CFR 100...... 42809 165 (3 documents) ...... 42809, 42812, 42814 Proposed Rules: 165...... 42869 36 CFR 7...... 42815 40 CFR 52 (3 documents) ...... 42819, 42822, 42825 Proposed Rules: 52 (4 documents) ...... 42871, 42872, 42876, 42881 50 CFR 20...... 42996 635...... 42827

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Rules and Regulations Federal Register Vol. 84, No. 160

Monday, August 19, 2019

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION This rulemaking is promulgated contains regulatory documents having general under 49 U.S.C. 106(f), which applicability and legal effect, most of which Federal Aviation Administration establishes the authority of the are keyed to and codified in the Code of Administrator to promulgate regulations Federal Regulations, which is published under 14 CFR Parts 3, 61, 63, and 65 and rules; and 49 U.S.C. 44701(a)(5), 50 titles pursuant to 44 U.S.C. 1510. which requires the Administrator to [Docket No.: FAA–2018–0656; Amendment The Code of Federal Regulations is sold by Nos. 3–2, 61–143, 63–42, and 65–59] promote safe flight of civil aircraft in air the Superintendent of Documents. commerce by prescribing regulations RIN 2120–AL04 and setting minimum standards for other practices, methods, and DEPARTMENT OF AGRICULTURE Security Threat Disqualification Update procedures necessary for safety in air commerce and national security. AGENCY: Federal Aviation Rural Housing Service This rulemaking is also promulgated Administration (FAA), Department of pursuant to 49 U.S.C. 46111, which Transportation (DOT). 7 CFR Part 3555 requires the Administrator to amend, ACTION: Final rule. modify, suspend, or revoke any certificate or any part of a certificate RIN 0575–AD10 SUMMARY: The FAA is amending and consolidating the security threat issued under Title 49 when the TSA Single Family Housing Guaranteed disqualification regulations. This final notifies the FAA that the holder of the Loan Program; Correction rule establishes the FAA’s procedures in certificate poses or is suspected of regulation for amending, modifying, posing a risk of air piracy or terrorism AGENCY: Rural Housing Service, USDA. suspending, and revoking FAA-issued or a threat to airline or passenger safety. Additionally, this rulemaking is ACTION: certificates and any part of such Final rule; correction. promulgated pursuant to 49 U.S.C. certificates issued to individuals based 44903(j)(2)(D)(i), which requires that on written notification by the SUMMARY: On July 22, 2019, the Rural TSA coordinate with the Administrator Transportation Security Administration Housing Service (RHS) published a final of the FAA to ensure that individuals (TSA) that a certificate holder poses a rule concerning construction to are screened before being certificated by security threat. The final rule also permanent loan financing, repair or the FAA. Thus, the FAA will not issue clarifies the FAA’s process for denying rehabilitation financing, and the a certificate to a screened individual or holding in abeyance applications for removal of a maximum the interest rate identified by TSA as a security threat. cap for the Single Family Housing certificates and any parts of such certificates when the TSA notifies the I. Executive Summary Guaranteed Loan Program. The effective FAA that an applicant poses a security date was published as August 21, 2019 A. Purpose of the Regulatory Action threat. and is being deferred to October 1, 2019. This rulemaking amends the current DATES: Effective October 18, 2019. DATES: Effective on August 21, 2019. FAA security threat disqualification ADDRESSES: For information on where to regulations in title 14 of the Code of FOR FURTHER INFORMATION CONTACT: obtain copies of rulemaking documents Federal Regulations (14 CFR) §§ 61.18, Joaquı´n Tremols, Director, Single and other information related to this 63.14, and 65.14 and consolidates them Family Housing Guaranteed Loan final rule, see ‘‘How To Obtain into part 3 of 14 CFR. Those regulations Division, USDA, Rural Development, Additional Information’’ in the provide, in sum, that no person is 1400 Independence Avenue SW, Room SUPPLEMENTARY INFORMATION section of eligible to hold a certificate, rating, or 2250, Stop 0784, Washington, DC this document. authorization issued under each 20250, telephone (202) 720–1465, FOR FURTHER INFORMATION CONTACT: For corresponding or respective part when Email: [email protected]. questions concerning this action, the TSA notifies the FAA in writing of contact Courtney Freeman, Office of the an adverse security threat SUPPLEMENTARY INFORMATION: Chief Counsel, AGC–200, Federal determination. Correction Aviation Administration, 800 Since 2004, the FAA has not applied Independence Avenue SW, Washington, these regulations to United States (U.S.) In FR Doc. 19–15450, appearing on DC 20591; telephone (202) 267–3073; citizens or resident aliens, instead page 35003 in the Federal Register of email [email protected]. relying on the statutory authority in 49 Monday, July 22, 2019, correct DATES SUPPLEMENTARY INFORMATION: U.S.C. 46111, Public Law 108–176 caption to read: (December 12, 2003), and 49 U.S.C. Authority for This Rulemaking 44903(j)(2)(D)(i), Public Law 108–458 DATES: Effective on October 1, 2019. The FAA’s authority to issue rules on (December 17, 2004), enacted after the Bruce W. Lammers, aviation safety is found in Title 49 of the FAA issued its security threat Administrator, Rural Housing Service. United States Code (49 U.S.C). Subtitle disqualification regulations. Section I, Section 106, describes the authority of 46111 directs the FAA to take action [FR Doc. 2019–17683 Filed 8–16–19; 8:45 am] the FAA Administrator. Subtitle VII, against ‘‘any part of a certificate’’ issued BILLING CODE 3410–XV–P Aviation Programs, describes in more under Title 49 in response to a security detail the scope of the agency’s threat determination by the TSA and authority. also provides a hearing and appeal

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process for U.S. citizens. Section FAA issued a final rule, Ineligibility for B. Summary of the Notice of Proposed 44903(j)(2)(D)(i) provides that an Airman Certificate Based on Security Rulemaking individuals will be screened against the Grounds, 68 FR 3772 (January 24, 2003). The FAA published the Notice of consolidated and integrated terrorist This 2003 final rule provides that an Proposed Rulemaking (NPRM) on July watchlist maintained by the federal individual determined by the TSA to be 23, 2018.6 Generally, the proposal government prior to being certificated a security threat is ineligible for airman would establish in regulation the by the FAA. This final rule is necessary certification and thus cannot hold an security threat disqualification to conform the previously-cited FAA FAA-issued airman certificate. The FAA requirement mandated in 49 U.S.C. regulations to 49 U.S.C. 46111 and took this action because a person who 46111 and 44903(j)(2)(D)(i). In the 44903(j)(2)(D)(i) and to clarify the FAA’s poses a security threat should not be in NPRM, the FAA proposed to establish process for preventing the issuance of a position that could be used to take in regulation the FAA’s process for certificates to applicants that the TSA actions that are contrary to civil aviation amending, modifying, suspending, and finds to be security threats. security and, therefore, safety in air revoking FAA-issued certificates and Consistent with 49 U.S.C. 46111 and commerce. These security threat any part of such certificates issued to 44903(j)(2)(D)(i), the security threat disqualification regulations are found in individuals under Title 49 based on the regulations in this final rule describe the current §§ 61.18, 63.14, and 65.14. TSA’s written notification that a actions the FAA will take on a Subsequent to the issuance of the certificate holder poses a security threat. certificate or certificate application current FAA security threat The FAA also proposed to clarify the when it receives notification from the disqualification regulations, the FAA’s process for denying or holding in TSA that an individual is a security President signed into law 49 U.S.C. 2 3 abeyance applications for certificates threat. The FAA will not issue a 46111 and 49 U.S.C. 44903(j)(2)(D)(i). and any parts of such certificates when certificate or any part of a certificate Section 46111 requires the FAA to the TSA notifies the FAA that an when the TSA has notified the FAA in amend, modify, suspend, or revoke applicant poses a security threat. writing that the individual poses, or is certificates or any part of a certificate suspected of posing, a risk of air piracy issued under Title 49, when the TSA C. General Overview of Comments or terrorism or a threat to airline or informs the FAA that the holder ‘‘poses, The FAA received one comment on passenger safety. For certificates already or is suspected of posing, a risk of air the NPRM, and it was not within the issued, the FAA will amend, modify, piracy or terrorism or a threat to airline scope of the proposal. suspend, or revoke any FAA-issued or passenger safety.’’ Under certificate or part of such certificate § 44903(j)(2)(D)(i), the TSA and the FAA III. Discussion of Final Rule upon written notification from the TSA must work together to ‘‘ensure that A. Scope individuals are screened before being that the certificate holder poses, or is The final rule codifies, in 14 CFR, the suspected of posing, a risk of air piracy certificated by the [FAA].’’ After the enactment of these statutory FAA’s authority to amend, modify, or terrorism or a threat to airline or suspend, and revoke FAA-issued passenger safety.1 provisions, the FAA did not update its regulations. However, the FAA did certificates and any part of such B. Costs and Benefits publish in the Federal Register its certificates issued to individuals under Title 49 of the United States Code based The final rule provides similar disposition of comments to the 2003 on the TSA’s written notification that a requirements found in the existing final rule.4 In the comment disposition, certificate holder poses a security threat. security threat disqualification the FAA noted that, if additional The final rule also clarifies the FAA’s regulations. Thus, the final rule will not rulemaking was necessary to reflect the authority to deny or hold in abeyance impose any new costs to the industry. statutory requirements of § 46111, the FAA would utilize notice and comment applications for certificates and any II. Background rulemaking. In addition, the FAA parts of such certificates when the TSA notifies the FAA that an applicant poses A. Current Statutory and Regulatory summarized two D.C. Circuit cases from a security threat. The final rule also Structure Governing Security Threat 2004 that sought judicial review of the codifies the security threat Disqualification FAA and the TSA security threat disqualification regulations. In one of disqualification requirement mandated In response to the attack on the U.S. those cases, Coalition of Airline Pilots in 49 U.S.C. 46111 and 44903(j)(2)(D)(i). on September 11, 2001, the FAA issued Associations v. FAA, 370 F.3d 1184 Both 49 U.S.C. 46111 and the current security threat (D.C. Cir. 2004), the FAA, the TSA, and 44903(j)(2)(D)(i), on which this rule disqualification regulations to prevent a the Department of Justice pledged that relies, refer to certificate holders and possible imminent hazard to aircraft, applicants in terms of individuals, they would not apply existing persons, and property within the United rather than entities.7 Accordingly, this regulations to U.S. citizens or resident States. Specifically, in 2003, the FAA, in aliens. This case is further addressed in consultation with the TSA, determined 6 83 FR 34795 (July 23, 2018) the Discussion of Final Rule section of that security threat disqualification 7 See, e.g., 49 U.S.C. 46111(b) (allowing this preamble.5 regulations were necessary to minimize ‘‘individuals’’ who are U.S. citizens to have a hearing on the record); § 46111(f) (‘‘An individual security threats and potential security 2 Vision 100—Century of Aviation who commences an appeal’’); § 46111(g)(3) (‘‘upon vulnerabilities to the fullest extent Reauthorization Act, Public Law 108–176, 117 Stat. request of the individual adversely affected by an possible. The FAA, the TSA, and other 2490 (Dec. 12, 2003). order of the [FAA] Administrator’’); 49 U.S.C. 44903(j)(2)(D)(i) (requiring screening of 3 Intelligence Reform and Terrorism Prevention federal security agencies were ‘‘individuals’’); Cf. Transportation Security Act, Public Law 108–458, 118 Stat. 3638 (Dec. 17, concerned about the potential use of Administration (TSA) Vetting of Airmen Certificates aircraft to carry out further terrorist acts 2004). and General Aviation Airport Access and Security 4 Ineligibility for an Airman Certificate Based on in the United States. Accordingly, the Procedures, DHS OIG (July 2011), https:// Security Grounds, 70 FR 25761 (May 16, 2005). www.oig.dhs.gov/assets/Mgmt/OIG_11-96_ 5 Memorandum to the Dockets, TSA Rulemaking Jul11.pdf; Memorandum To The Dockets, TSA 1 The TSA directs the specific action the FAA Dockets Nos. TSA–2002–13732 and TSA–2002– Rulemaking Dockets Nos. TSA–2002–13732 and should take on the certificate and includes that 13733, Transportation Security Administration, TSA–2002–13733, Transportation Security information in the letter notifying the FAA of the U.S. Department of Homeland Security (Mar. 16, Administration, U.S. Department of Homeland security threat determination. 2004). Security (Mar. 16, 2004).

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final rule addresses only individuals and resident aliens pursuant to a pledge threat determinations made by the TSA who hold or are applying for certificates made by the FAA and the TSA as a are made through the TSA’s issued under Title 49. There is separate result of Coalition of Airline Pilots administrative appeal process.10 statutory authority for FAA certificate Associations v. FAA, 370 F.3d 1184 The FAA’s certificate denials are action against entities based on TSA (D.C. Cir. 2004). In Coalition of Airline generally covered under 49 U.S.C. security threat determinations.8 Pilots Associations, unions representing 44703 and, therefore, are appealable to aviation workers raised various B. Certificate Applicants the National Transportation Safety challenges to the current TSA and the Board (NTSB). In cases of security threat While 49 U.S.C. 46111 sets out a FAA security threat disqualification disqualifications, if the certificate action mechanism by which the FAA handles regulations. The D.C. Circuit never is appealable to the NTSB, the FAA the amendment, modification, reached the merits of the unions’ claims. does not anticipate that the scope of suspension, or revocation of an Instead, the Court dismissed the unions’ these appeals will extend beyond an individual’s certificate, it is silent as to petition for review, finding that examination of the procedural ground how the FAA should handle security intervening events had mooted their for the certificate action or application threat determinations at the certificate claims, specifically the new laws denial because an affected individual application stage. This final rule enacted by Congress. Both the TSA and will be provided the opportunity to codifies the FAA’s current process for the FAA pledged that the existing challenge the substance of TSA’s preventing the issuance of any security threat regulations would no security threat determination under certificate to an individual at the longer be applied to U.S. citizens or TSA’s appeal process.11 application stage when the TSA finds resident aliens as a result of the the individual to be a security threat. enactment of 49 U.S.C. 46111, which IV. Regulatory Notices and Analyses The FAA’s authority to deny or hold in provides a different mechanism for TSA A. Regulatory Evaluation abeyance an individual’s certificate security threat determinations and application based on the TSA’s written appeal procedures for U.S. citizens.9 Changes to Federal regulations must notification that an individual poses a The agencies also noted that, when they undergo several economic analyses. security threat is necessary to issued new security threat First, Executive Order 12866 and implement 49 U.S.C. 44903(j)(2)(D)(i), disqualification regulations, they would Executive Order 13563 direct that each which requires the FAA to coordinate do so pursuant to notice and comment Federal agency shall propose or adopt a with the TSA to ensure that certificate rulemaking. Another D.C. Circuit regulation only upon a reasoned applicants are screened against all decision, decided on the same day as determination that the benefits of the appropriate records in the consolidated Coalition of Airline Pilots Associations, intended regulation justify its costs. and integrated terrorist watchlist upheld the application of the same FAA Second, the Regulatory Flexibility Act maintained by the Federal Government security threat disqualification of 1980 (Pub. L. 96–354) requires before being certificated by the FAA. regulations to non-resident aliens agencies to analyze the economic The FAA must not issue certificates to because the regulations provide impact of regulatory changes on small any individual who the TSA finds to be sufficient due process for non-resident entities. Third, the Trade Agreements a security threat. This final rule aliens. Jifry v. FAA, 370 F.3d 1174 (D.C. Act (Pub. L. 96–39) prohibits agencies provides that, upon notification from Cir. 2004). from setting standards that create the TSA, the FAA would hold in This final rule establishes regulations unnecessary obstacles to the foreign abeyance the individual’s application(s) that apply equally to all certificate commerce of the United States. In during an appeal to the TSA of its holders and applicants. developing U.S. standards, the Trade security threat determination. The FAA Act requires agencies to consider will deny an application only upon the D. TSA Security Threat Determinations international standards and, where TSA’s notification of a final security and Appeals appropriate, that they be the basis of threat determination. Alternatively, if In the case of a security threat U.S. standards. Fourth, the Unfunded the TSA notifies the FAA that it has disqualification, the certificate action or Mandates Reform Act of 1995 (Pub. L. withdrawn its security threat application denial will be based solely determination, the FAA will continue on the TSA’s applicant vetting and 10 See 49 U.S.C. 46111. TSA currently is using processing the application. security threat determinations, as interim redress procedures for U.S. citizens, U.S. mandated under 49 U.S.C. 46111 and non-citizen nationals, and lawful permanent C. Application of Regulations to U.S. resident certificate holders. While § 46111 does not 44903(j)(2)(D)(i). TSA’s vetting and Citizens and Resident Aliens require that TSA provide review by an security threat determination authority Administrative Law Judge (ALJ) to U.S. non-citizen The FAA will apply the security is provided for in the Aviation and nationals and lawful permanent residents, TSA has threat disqualification regulations to all Transportation Security Act, Public Law chosen to do so in its interim procedures. TSA also individuals, including U.S. citizens and provides U.S. non-citizen nationals and lawful 107–71 (115 stat. 597, November 19, permanent residents with review by the TSA Final resident aliens, who hold FAA-issued 2001). The FAA relies on TSA to make Decision Maker if those individuals choose to certificates or are applying for these these security threat determinations and appeal an ALJ’s decision. certificates. This approach will conform is not privy to the evidentiary basis for 11 The appropriate venue for appealing a the security threat disqualification them. Therefore, the FAA’s certificate certificate action based on a security threat determination was also discussed substantially in regulations with 49 U.S.C. 46111 and actions and application denials are Jifry v. FAA, 370 F.3d 1174 (D.C. Cir. 2004). The 44903(j)(2)(D)(i). It will also close a gap based solely on written notification by court stated that ‘‘Section 46111 makes no in the FAA’s security threat the TSA of a security threat provision for NTSB review even for citizens, and disqualification regulations which are determination against an individual. the Conference Report states that non-resident aliens ‘have the right to the appeal procedures that currently not applied to U.S. citizens Accordingly, appeals of the security [TSA] has already provided for them.’ H.R. Conf. Rpt. 108–334 at 152 (2003). In addition, § 46111(a) 8 For example, 49 U.S.C. 44924, provides for FAA 9 Memorandum to the Dockets, TSA Rulemaking requires the FAA to respond automatically to TSA suspension or revocation of a repair station’s Dockets Nos. TSA–2002–13732 and TSA–2002– threat assessments . . . if these pilots retain any certificate based on a TSA determination regarding 13733, Transportation Security Administration, right to NTSB review at all, it is no broader than the repair station’s security measures and security U.S. Department of Homeland Security (Mar. 16, the review for procedural regularity that they have risk. 2004). received . . .’’ Jifry at 1180.

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104–4) requires agencies to prepare a profit organizations, and small unnecessary obstacle to the foreign written assessment of the costs, benefits, governmental jurisdictions. commerce of the United States. and other effects of proposed or final Agencies must perform a review to D. Unfunded Mandates Assessment rules that include a Federal mandate determine whether a rule will have a likely to result in the expenditure by significant economic impact on a Title II of the Unfunded Mandates State, local, or tribal governments, in the substantial number of small entities. If Reform Act of 1995 (Pub. L. 104–4) aggregate, or by the private sector, of the agency determines that it will, the requires each Federal agency to prepare $100 million or more annually (adjusted agency must prepare a regulatory a written statement assessing the effects for inflation with base year of 1995). flexibility analysis as described in the of any Federal mandate in a proposed or This portion of the preamble RFA. However, if an agency determines final agency rule that may result in an summarizes the FAA’s analysis of the that a rule is not expected to have a expenditure of $100 million or more (in economic impacts of this final rule. significant economic impact on a The existing security threat 1995 dollars) in any one year by State, substantial number of small entities, local, and tribal governments, in the disqualification regulations in 14 CFR section 605(b) of the RFA provides that 61.18, 63.14, and 65.14 disqualify any aggregate, or by the private sector; such the head of the agency may so certify a mandate is deemed to be a ‘‘significant person who the TSA has found to be a and a regulatory flexibility analysis is regulatory action.’’ The FAA currently security threat from obtaining an FAA not required. The certification must uses an inflation-adjusted value of $155 certificate. These regulations went into include a statement providing the million in lieu of $100 million. This effect on January 24, 2003. A year later, factual basis for this determination, and final rule does not contain such a the authority in 49 U.S.C. 46111 and 49 the reasoning should be clear. mandate; therefore, the requirements of U.S.C. 44903(j)(2)(D)(i) became law. The final rule provides requirements Title II of the Act do not apply. Section 46111 directs the FAA to take based on the existing statutory authority action against the holder of any part of located at 49 U.S.C. 46111 and 49 U.S.C. E. Paperwork Reduction Act a certificate in response to a security 44903(j)(2)(D)(i). Thus, the final rule threat determination by the TSA and will not impose any new costs to the The Paperwork Reduction Act of 1995 also provides an appeal process for U.S. industry. The expected outcome would (44 U.S.C. 3507(d)) requires that the citizens. Section 44903(j)(2)(D)(i) directs be a minimal economic impact on any FAA consider the impact of paperwork TSA to coordinate with the FAA to small entity affected by this rulemaking and other information collection ensure that individuals are screened action. burdens imposed on the public. The against a consolidated and integrated If an agency determines that a FAA has determined that there is no terrorist watchlist maintained by the new requirement for information Federal Government prior to being rulemaking will not result in a significant economic impact on a collection associated with this final certificated by the FAA. The existing rule. regulations and the statutory authority substantial number of small entities, the are virtually identical, and the FAA has head of the agency may so certify under F. International Compatibility and been relying on the statutory authority, section 605(b) of the RFA. Therefore, as Cooperation not the existing regulations, to prevent provided in section 605(b), the head of individuals who are security threats the FAA certifies that this rulemaking In keeping with U.S. obligations from obtaining or holding a certificate. will not result in a significant economic under the Convention on International The FAA has not updated its regulations impact on a substantial number of small Civil Aviation, it is FAA policy to since the enactment of statutory entities. conform to International Civil Aviation authority 49 U.S.C. 46111 and 49 U.S.C. C. International Trade Impact Organization (ICAO) Standards and 44903(j)(2)(D)(i). Since there are no new Assessment Recommended Practices to the requirements in the final rule, the maximum extent practicable. The FAA expected outcome will be a minimal The Trade Agreements Act of 1979 has determined that there are no ICAO cost, if any. (Pub. L. 96–39), as amended by the Standards and Recommended Practices The FAA has, therefore, determined Uruguay Round Agreements Act (Pub. that correspond to this final rule. that this final rule is not a ‘‘significant L. 103–465), prohibits Federal agencies regulatory action’’ as defined in section from establishing standards or engaging G. Environmental Analysis in related activities that create 3(f) of Executive Order 12866. FAA Order 1050.1F identifies FAA unnecessary obstacles to the foreign actions that are categorically excluded B. Regulatory Flexibility Determination commerce of the United States. The Regulatory Flexibility Act of 1980 Pursuant to these Acts, the from preparation of an environmental (Pub. L. 96–354) (RFA) establishes ‘‘as a establishment of standards is not assessment or environmental impact principle of regulatory issuance that considered an unnecessary obstacle to statement under the National agencies shall endeavor, consistent with the foreign commerce of the U.S., so Environmental Policy Act in the the objectives of the rule and of long as the standard has a legitimate absence of extraordinary circumstances. applicable statutes, to fit regulatory and domestic objective, such as the The FAA has determined this informational requirements to the scale protection of safety, and does not rulemaking action qualifies for the of the businesses, organizations, and operate in a manner that excludes categorical exclusion identified in governmental jurisdictions subject to imports that meet this objective. The paragraph 5–6.6 and involves no regulation.’’ To achieve this principle, statute also requires consideration of extraordinary circumstances. agencies are required to solicit and international standards and, where H. Congressional Review Act consider flexible regulatory proposals appropriate, that they be the basis for and to explain the rationale for their U.S. standards. The FAA has assessed Pursuant to the Congressional Review actions to assure that such proposals are the potential effect of this final rule and Act (5 U.S.C. 801 et seq.), the Office of given serious consideration. The RFA determined that the objective of the rule Information and Regulatory Affairs covers a wide-range of small entities, is for the safety of the American public designated this rule as not a ‘major rule’, including small businesses, not-for- and is therefore not considered an as defined by 5 U.S.C. 804(2).

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V. Executive Order Determinations Copies may also be obtained by PART 3—GENERAL REQUIREMENTS sending a request (identified by notice, A. Executive Order 13771, Reducing amendment, or docket number of this ■ 1. The authority citation for part 3 is Regulation and Controlling Regulatory rulemaking) to the Federal Aviation revised to read as follows: Costs Administration, Office of Rulemaking, Authority: 49 U.S.C. 106(g), 40113, 44701, This rule is not subject to the ARM–1, 800 Independence Avenue SW, 44704, and 46111. requirements of E.O. 13771 (82 FR 9339, Washington, DC 20591, or by calling ■ 2. Add a new subpart A to part 3 to February 3, 2017) because it is issued (202) 267–9677. with respect to a national security read as follows: B. Comments Submitted to the Docket function of the United States. Subpart A—General Requirements B. Executive Order 13132, Federalism Comments received may be viewed by Concerning Type Certificated Products going to http://www.regulations.gov and or Products, Parts, Appliances, or The FAA has analyzed this final rule following the online instructions to Materials That May Be Used on Type- under the principles and criteria of search the docket number for this Certificated Products Executive Order 13132, Federalism. The action. Anyone is able to search the agency determined that this action will electronic form of all comments ■ 3. Redesignate §§ 3.1 and 3.5 to not have a substantial direct effect on received into any of the FAA’s dockets subpart A. the States, or the relationship between by the name of the individual ■ 4. Add new subpart B to read as the Federal Government and the States, submitting the comment (or signing the follows: or on the distribution of power and comment, if submitted on behalf of an responsibilities among the various association, business, labor union, etc.). Subpart B—Security Threat levels of government, and, therefore, Disqualification does not have Federalism implications. C. Small Business Regulatory Enforcement Fairness Act Sec. C. Executive Order 13211, Regulations The Small Business Regulatory 3.200 Effect of Transportation Security That Significantly Affect Energy Supply, Administration notification on a Distribution, or Use Enforcement Fairness Act (SBREFA) of certificate or any part of a certificate held 1996 requires FAA to comply with by an individual. The FAA analyzed this final rule small entity requests for information or 3.205 Effect of Transportation Security under Executive Order 13211, Actions advice about compliance with statutes Administration notification on Concerning Regulations that and regulations within its jurisdiction. applications by individuals for a Significantly Affect Energy Supply, A small entity with questions regarding certificate or any part of a certificate. Distribution, or Use (May 18, 2001). The this document, may contact its local § 3.200 Effect of Transportation Security agency has determined that it is not a FAA official, or the person listed under ‘‘significant energy action’’ under the Administration notification on a certificate the FOR FURTHER INFORMATION CONTACT or any part of a certificate held by an executive order and it is not likely to heading at the beginning of the individual. have a significant adverse effect on the preamble. To find out more about When the Transportation Security supply, distribution, or use of energy. SBREFA on the internet, visit http:// Administration (TSA) notifies the FAA _ D. Executive Order 13609, International www.faa.gov/regulations policies/ that an individual holding a certificate _ Cooperation rulemaking/sbre act/. or part of a certificate issued by the FAA Executive Order 13609, Promoting List of Subjects poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to International Regulatory Cooperation, 14 CFR Part 3 promotes international regulatory airline or passenger safety, the FAA will cooperation to meet shared challenges Aviation safety. issue an order amending, modifying, suspending, or revoking any certificate involving health, safety, labor, security, 14 CFR Part 61 environmental, and other issues and to or part of a certificate issued by the reduce, eliminate, or prevent Aircraft, Airmen, Alcohol abuse, FAA. Aviation safety, Drug abuse, Recreation unnecessary differences in regulatory § 3.205 Effect of Transportation Security requirements. The FAA has analyzed and recreation areas, Reporting and recordkeeping requirements, Security Administration notification on applications this action under the policies and by individuals for a certificate or any part agency responsibilities of Executive measures, Teachers. of a certificate. Order 13609, and has determined that 14 CFR Part 63 (a) When the TSA notifies the FAA this action would have no effect on Aircraft, Airman, Alcohol abuse, that an individual who has applied for international regulatory cooperation. Aviation safety, Drug abuse, Navigation a certificate or any part of a certificate VI. How To Obtain Additional (air), Reporting and recordkeeping issued by the FAA poses, or is Information requirements, Security measures. suspected of posing, a risk of air piracy or terrorism or a threat to airline or A. Rulemaking Documents 14 CFR Part 65 passenger safety, the FAA will hold the An electronic copy of a rulemaking Air traffic controllers, Aircraft, individual’s certificate applications in document may be obtained by using the Airmen, Airports, Alcohol abuse, abeyance pending further notification internet— Aviation safety, Drug abuse, Reporting from the TSA. 1. Search the Federal eRulemaking and recordkeeping requirements, (b) When the TSA notifies the FAA Portal (http://www.regulations.gov); Security measures. that the TSA has made a final security 2. Visit the FAA’s Regulations and threat determination regarding an Policies web page at http:// The Amendment individual, the FAA will deny all the www.faa.gov/regulations_policies/ or In consideration of the foregoing, the individual’s certificate applications. 3. Access the Government Printing Federal Aviation Administration Alternatively, if the TSA notifies the Office’s web page at http:// amends chapter 1 of title 14, Code of FAA that it has withdrawn its security www.gpo.gov/fdsys/. Federal Regulations as follows: threat determination, the FAA will

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continue processing the individual’s SUMMARY: These special conditions are business, labor union, etc.). DOT’s applications. issued for the Mitsubishi Aircraft complete Privacy Act Statement can be Corporation (Mitsubishi) Model MRJ– found in the Federal Register published PART 61—CERTIFICATION: PILOTS, 200 airplane. This airplane will have a on April 11, 2000 (65 FR 19477–19478). FLIGHT INSTRUCTORS, AND GROUND novel or unusual design feature when Docket: Background documents or INSTRUCTORS compared to the state of technology comments received may be read at envisioned in the airworthiness http://www.regulations.gov/ at any time. ■ 5. The authority citation for part 61 standards for transport category Follow the online instructions for continues to read as follows: airplanes. This design feature is accessing the docket or go to Docket Authority: 49 U.S.C. 106(f), 106(g), 40113, avionics that allow internal and external Operations in Room W12–140 of the 44701–44703, 44707, 44709–44711, 44729, connection to previously isolated data West Building Ground Floor at 1200 44903, 45102–45103, 45301–45302; Sec. networks, which are connected to New Jersey Avenue SE, Washington, 2307 Pub. L. 114–190, 130 Stat. 615 (49 DC, between 9 a.m. and 5 p.m., Monday U.S.C. 44703 note). systems that perform functions required for the safe operation of the airplane. through Friday, except Federal holidays. § 61.18 [Removed and Reserved] This feature creates a potential for FOR FURTHER INFORMATION CONTACT: ■ 6. Remove and reserve § 61.18. unauthorized persons to access the Varun Khanna, Airplane and Flight aircraft-control domain and airline Crew Interface Section, AIR–671, PART 63—CERTIFICATION: FLIGHT information-services domain, and Transport Standards Branch, Policy and CREWMEMBERS OTHER THAN presents security vulnerabilities related Innovation Division, Aircraft PILOTS to the introduction of computer viruses Certification Service, Federal Aviation and worms, user errors, and intentional Administration, 2200 South 216th ■ 7. The authority citation for part 63 sabotage of airplane electronic assets Street, Des Moines, Washington 98198; continues to read as follows: (networks, systems, and databases). The telephone and fax 206–231–3159; email Authority: 49 U.S.C. 106(g), 40113, 44701– applicable airworthiness regulations do [email protected]. 44703, 44707, 44709–44711, 45102–45103, not contain adequate or appropriate SUPPLEMENTARY INFORMATION: 45301–45302. safety standards for this design feature. The substance of these special § 63.14 [Removed and Reserved] These special conditions contain the conditions previously has been published in the Federal Register for ■ additional safety standards that the 8. Remove and reserve § 63.14. Administrator considers necessary to public comment. These special PART 65—CERTIFICATION: AIRMEN establish a level of safety equivalent to conditions have been derived without OTHER THAN FLIGHT that established by the existing substantive change from those CREWMEMBERS airworthiness standards. previously issued. It is unlikely that DATES: This action is effective on prior public comment would result in a ■ 9. The authority citation for part 65 Mitsubishi on August 19, 2019. Send significant change from the substance continues to read as follows: comments on or before October 3, 2019. contained herein. Therefore, the FAA has determined that prior public notice Authority: 49 U.S.C. 106(f), 106(g). 40113, ADDRESSES: Send comments identified and comment are unnecessary, and 44701–44703, 44707, 44709–44711, 45102– by Docket No. FAA–2019–0312 using finds that, for the same reason, good 45103, 45301–45302. any of the following methods: • cause exists for adopting these special § 65.14 [Removed and Reserved] Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow conditions upon publication in the ■ 10. Remove and reserve § 65.14. the online instructions for sending your Federal Register. Issued, under the authority provided by 49 comments electronically. Comments Invited U.S.C. 106(f), 46111, and 44903(j) in • Mail: Send comments to Docket Washington, DC, on August 1, 2019. We invite interested people to take Operations, M–30, U.S. Department of part in this rulemaking by sending Daniel K. Elwell, Transportation (DOT), 1200 New Jersey written comments, data, or views. The Acting Administrator. Avenue SE, Room W12–140, West most helpful comments reference a [FR Doc. 2019–17494 Filed 8–16–19; 8:45 am] Building Ground Floor, Washington, DC specific portion of the special BILLING CODE 4910–13–P 20590–0001. • conditions, explain the reason for any Hand Delivery or Courier: Take recommended change, and include comments to Docket Operations in supporting data. DEPARTMENT OF TRANSPORTATION Room W12–140 of the West Building We will consider all comments we Ground Floor at 1200 New Jersey Federal Aviation Administration receive by the closing date for Avenue SE, Washington, DC, between 9 comments. We may change these special a.m. and 5 p.m., Monday through 14 CFR Part 25 conditions based on the comments we Friday, except Federal holidays. receive. [Docket No. FAA–2019–0312; Special • Fax: Fax comments to Docket Conditions No. 25–755–SC] Operations at 202–493–2251. Background Privacy: The FAA will post all On August 19, 2009, Mitsubishi Special Conditions: Mitsubishi Aircraft comments it receives, without change, applied for a type certificate for their Corporation Model MRJ–200 Airplane; to http://www.regulations.gov/, new Model MRJ–200 airplane. This Airplane Electronic-System Security including any personal information the airplane is a twin-engine, transport Protection From Unauthorized Internal commenter provides. Using the search category airplane with a passenger- and External Access function of the docket website, anyone seating capacity of 92 and a maximum AGENCY: Federal Aviation can find and read the electronic form of takeoff weight of 98,767 pounds. Administration (FAA), DOT. all comments received into any FAA docket, including the name of the Type Certification Basis ACTION: Final special conditions; request individual sending the comment (or Under the provisions of title 14, Code for comments. signing the comment for an association, of Federal Regulations (14 CFR) 21.17,

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Mitsubishi must show that the Model a satellite-communication service that established by the existing MRJ–200 airplane meets the applicable provider. airworthiness standards. provisions of part 25, as amended by Additionally, for the purpose of data Applicability amendments 25–1 through 25–141. uploading for aircraft avionics systems, If the Administrator finds that the networks, and maintenance operations, As discussed above, these special applicable airworthiness regulations external access is possible from the conditions are applicable to the (i.e., 14 CFR part 25) do not contain operator’s and airplane manufacturer’s Mitsubishi Model MRJ–200 airplane. adequate or appropriate safety standards servers through a cellular radio network. Should Mitsubishi apply at a later date for the Mitsubishi Model MRJ–200 The Japan Civil Aviation Bureau for a change to the type certificate to airplane because of a novel or unusual (JCAB) is the certificating authority for include another model incorporating the design feature, special conditions are the Mitsubishi Model MRJ–200 airplane, same novel or unusual design feature, prescribed under the provisions of and the FAA is the validating authority. these special conditions would apply to § 21.16. Typically, the FAA issues separate that model as well. Special conditions are initially special conditions for ‘‘Airplane Conclusion applicable to the model for which they Electronic-System Security Protection are issued. Should the type certificate from Unauthorized Internal Access’’ and This action affects only a certain for that model be amended later to ‘‘Electronic-System Security Protection novel or unusual design feature on one include any other model that from Unauthorized External Access.’’ In model of airplane. It is not a rule of incorporates the same novel or unusual special conditions written for the general applicability. design feature, these special conditions Mitsubishi Model MRJ–200 airplane, the List of Subjects in 14 CFR Part 25 would also apply to the other model JCAB addresses, in one special under § 21.101. conditions document, both internal and Aircraft, Aviation safety, Reporting In addition to the applicable external electronic-system security and recordkeeping requirements. airworthiness regulations and special protection for these novel airplane- Authority Citation conditions, the Mitsubishi Model MRJ– digital-network design features. The 200 airplane must comply with the fuel- FAA reviewed the proposed JCAB The authority citation for these vent and exhaust-emission requirements special conditions and determined that special conditions is as follows: of 14 CFR part 34, and the noise- they are equivalent in all material Authority: 49 U.S.C. 106(f), 106(g), 40113, certification requirements of 14 CFR respects to the separate internal and 44701, 44702, 44704. part 36. external electronic-system security The Special Conditions The FAA issues special conditions, as protection special conditions the FAA defined in 14 CFR 11.19, in accordance typically issues, and has issued, to Accordingly, pursuant to the with § 11.38, and they become part of applicants. Therefore, in these special authority delegated to me by the the type certification basis under conditions, the FAA also is issuing one Administrator, the following special § 21.17(a)(2). special conditions document, for both conditions are issued as part of the type Novel or Unusual Design Features internal and external electronic-system certification basis for Mitsubishi Model security protection, to harmonize the MRJ–200 airplanes. The Mitsubishi Model MRJ–200 1. The applicant shall ensure security airplane will incorporate the following FAA special conditions to the JCAB- issued special conditions, thereby protection of the systems and networks novel or unusual design feature: of the aircraft from access by The installation and activation of minimizing differences between the certificating authority and the validating unauthorized sources, both internal and electronic network system architecture external, if the systems’ corruption equipment that allows access from authority certification bases. The resultant combination of internal and (including hardware, software, and data) internal and external sources (e.g., by an inadvertent or intentional attack wireless devices, internet connectivity) external electronic-system security protection special conditions in this would impair safety. to the airplane’s internal electronic 2. The applicant shall ensure that the components. document are identical in all material respects to FAA special conditions security threats to the aircraft, including Discussion issued for the same separate topics. those possibly caused by maintenance Current aircraft communication The existing regulations and guidance activity or any unprotected connecting designs are beginning to adopt Ethernet material did not anticipate these types equipment and devices, or from the on- switch technology and Avionics Full- of airplane electronic-system board passengers, are identified and Duplex switched Ethernet (AFDX) data architectures. Furthermore, 14 CFR assessed, and risk-mitigation strategies networking using commercial products. regulations, and the current electronic- are implemented to protect the aircraft Transmission Control Protocol/Internet system safety assessment policy and systems and networks from all adverse Protocol (TCP/IP) is an industry- techniques, do not address potential impacts on safety. standard platform used for passenger security vulnerabilities, which could be 3. The applicant shall establish flight information and in-flight exploited by unauthorized access to appropriate procedures for security entertainment systems in a way that is airplane networks, data buses, and measures against aircraft systems and separated physically and logically from servers. Therefore, these special networks to be maintained following flight-critical systems. However, a conditions ensure that the security (i.e., changes to the type certificated design. gateway technology that can connect confidentiality, integrity, and Issued in Des Moines, Washington, on networks with different communication availability) of airplane systems is not August 13, 2019. standards allows connection between compromised by unauthorized wired or Mary A. Schooley, avionics assets (such as functions or wireless electronic connections. Acting Manager, Transport Standards items) with passenger flight information These special conditions contain the Branch, Policy and Innovation Division, and in-flight entertainment systems. additional safety standards that the Aircraft Certification Service. These systems may also be connected to Administrator considers necessary to [FR Doc. 2019–17695 Filed 8–16–19; 8:45 am] the ground worldwide internet through establish a level of safety equivalent to BILLING CODE 4910–13–P

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DEPARTMENT OF THE INTERIOR proposed rule would require potential for environmental governmental entities to: (1) Provide a contamination was a reason for Bureau of Indian Affairs certification with their application, with imposing the bonding, insurance, or citation to applicable law, that they are alternate security. Bonding, insurance, 25 CFR Part 169 prohibited by law from providing or alternate security are some of several [190A2100DD/AAKC001030/ security; and (2) notify landowners that tools BIA has at its disposal if a right- A0A501010.999900 253G] they are prohibited by law from of-way grantee contaminates Indian or providing security when they notify the RIN 1076–AF20; 1076–AF37 BIA land. For grantees who are Indian landowners of their application governmental entities that are under 25 CFR 169.107. Rights-of-Way on Indian Land; Bond prohibited by law from providing Exemption Comments and Responses on Proposed bonding, insurance, or other security, Rule the BIA may pursue recourse through a AGENCY: Bureau of Indian Affairs, variety of means ranging from Interior. The public comment period on the proposed rule ended on September 21, negotiation to legal action, as ACTION: Final rule. 2018. During that time, the Department appropriate according to the SUMMARY: This final rule exempts received one comment that was relevant circumstances. to the rulemaking. (To view all Federal, State, Tribal, and local Potential Advantage to Governmental comments, search by Docket Number governments from the requirement to Entities obtain a bond, insurance, or alternative ‘‘BIA–2018–0003–0001’’ in https:// form of security for a right-of-way across www.regulations.gov.) That comment The commenter expressed concern Indian land and Bureau of Indian asked for further explanation on the that eliminating the need for Affairs (BIA) land where such reason for the rule change, expressed governmental entities applying for a concern with whether governmental governments are prohibited by law from right-of-way across Indian land or BIA entities could contaminate the land, and obtaining security. land to obtain bonding, insurance, or asked whether the rule change gives DATES: This rule is effective on other security under certain September 18, 2019. governments an unfair advantage. The following discussion addresses each of circumstances somehow provides those FOR FURTHER INFORMATION CONTACT: these items. entities an unfair advantage. Any Elizabeth Appel, Director, Office of advantage would be in the entities’ legal Regulatory Affairs & Collaborative Reason for Rule Change inability to comply with part 169’s Action, (202) 273–4680; The current version of part 169 security requirement. The rule does not [email protected]. requires applicants for a right-of-way create that legal inability; rather, the SUPPLEMENTARY INFORMATION: On across Indian or BIA land to obtain rule accounts for the inability by November 19, 2015, the Bureau of bonding, insurance or alternative form clarifying what information the entities Indian Affairs (BIA) finalized revisions of security. Governmental entities must provide in the alternative to to the regulations governing rights-of- sometimes need to apply for rights-of- qualify for the exemption. The way on Indian land and BIA land at 25 way across Indian or BIA land, but are exemption requires documentation of CFR part 169. See 80 FR 72492. The unique in that applicable laws often eligibility for the exemption (proof that regulations became effective on April prohibit governmental entities from the governmental entity cannot legally 21, 2016 under Regulation Identifier obtaining bonding, insurance, or other comply with the security requirement) 1 Number (RIN) 1076–AF20. 81 FR 14976. security. The rule change effectively and landowner consent. Any other The final regulations established new streamlines a step in the process of grantee may seek an individual waiver requirements for bonding, insurance, or obtaining a right-of-way by eliminating from the security requirement and the alternative form of security to cover the the need for the governmental entity to BIA is open to any other suggestions for annual rental, estimated damages, seek a waiver as long as the categories of grantees that have a sound operation and maintenance charges, and governmental entity provides a basis for another exemption. restoration. See 25 CFR 169.103(a). The certification and citation to applicable regulations allow for waiver of this law stating they are prohibited from No changes to the proposed rule have requirement on a case-by-case basis. See providing security. The governmental been made as a result of the above 25 CFR 169.103(f). entity must notify landowners as part of comments. Today’s publication Currently, a governmental entity the application that they are prohibited references both Regulation Identifier applying for a right-of-way across Indian from providing security, so that Number (RIN) 1076–AF20 and 1076– land or BIA land must seek a waiver landowners may consider this as part of AF37 because while the proposed rule (and landowner consent for the waiver) determining whether to consent to the was inadvertently listed under RIN from the requirement to provide right-of-way. Providing this exemption 1076–AF20, that RIN was assigned to bonding, insurance, or alternate security in lieu of requiring governmental entity the final rule for 25 CFR part 169 that in those cases in which the entity is applicants for rights-of-way to seek effective in 2016. The proposed rule prohibited by law from obtaining such individual waivers in each instance published in 2018 and this final rule are bonding, insurance, or alternate streamlines the process and provides identified as RIN 1076–AF37 on the security. On July 23, 2018, the BIA transparency for landowners, who may semi-annual regulatory agenda. published a proposed rule to eliminate review the exemption as part of the the need for governmental entities to application in determining whether to seek a waiver for each instance by consent to the right-of-way. exempting governmental entities from 1 For example, for Federal government entities, the requirement to obtain bonding, Environmental Contamination by Governmental Entities sufficient documentation would be a citation to 31 insurance, or alternative form of U.S.C. 1301(a) and an explanation that appropriated security if they are prohibited by law The commenter pointed out that, in funds are not available for the purchase of from doing so. See 83 FR 34802. The finalizing part 169, BIA stated that the insurance.

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Procedural Requirements prohibited from complying with the substantial direct effects on federally security requirement. recognized Indian Tribes that will result A. Regulatory Planning and Review from this rulemaking because the rule (E.O. 12866) D. Unfunded Mandates Reform Act addresses an inconsistency that may Executive Order (E.O.) 12866 provides This rule does not impose an have otherwise prevented governments that the Office of Information and unfunded mandate on State, local, or from obtaining rights-of-way on Indian Regulatory Affairs (OIRA) at the Office Tribal governments or the private sector land. of Management and Budget (OMB) will of more than $100 million per year. The review all significant rules. OIRA has rule does not have a significant or I. Paperwork Reduction Act determined that this rule is not unique effect on State, local, or Tribal The Paperwork Reduction Act (PRA), significant. governments or the private sector. A 44 U.S.C. 3501 et seq., prohibits a E.O. 13563 reaffirms the principles of statement containing the information Federal agency from conducting or E.O. 12866 while calling for required by the Unfunded Mandates sponsoring a collection of information improvements in the Nation’s regulatory Reform Act (2 U.S.C. 1531 et seq.) is not that requires OMB approval, unless system to promote predictability, to required. This rule does uniquely affect such approval has been obtained and reduce uncertainty, and to use the best, those governmental entities that are the collection request displays a most innovative, and least burdensome prohibited by law from complying with currently valid OMB control number. tools for achieving regulatory ends. The a regulatory requirement to provide Nor is any person required to respond E.O. directs agencies to consider security for a right-of-way across Indian to an information collection request that regulatory approaches that reduce or BIA land; however, the purpose of has not complied with the PRA. In burdens and maintain flexibility and the rule is to account for that legal accordance with 44 U.S.C. 3507(d), the freedom of choice for the public where prohibition. The rule accounts for the information collections in 25 CFR part these approaches are relevant, feasible, legal prohibition in a manner that 169 are authorized by OMB Control and consistent with regulatory allows those governmental entities a Number 1076–0181, Rights-of-Way on objectives. E.O. 13563 emphasizes transparent process for applying for a Indian Land, which expires 10/31/2019. further that regulations must be based right-of-way across Indian or BIA land. The requirements in this rule to provide on the best available science and that E. Takings (E.O. 12630) a legal citation and notice is not the rulemaking process must allow for expected to have a quantifiable effect on public participation and an open This rule does not effect a taking of the hour burden estimate for the exchange of ideas. We have developed private property or otherwise have information collection, but BIA will this rule in a manner consistent with taking implications under E.O. 12630. A review whether its current estimates are these requirements. takings implication assessment is not affected by this change at the next required. B. Regulatory Flexibility Act renewal. A Federal agency may not conduct or This rule will not have a significant F. Federalism (E.O. 13132) sponsor, and you are not required to economic effect on a substantial number Under the criteria in section 1 of E.O. respond to, a collection of information of small entities under the Regulatory 13132, this rule does not have sufficient unless the form or regulation requesting Flexibility Act (5 U.S.C. 601 et seq.). federalism implications to warrant the the information displays a currently This rule does not change current preparation of a federalism summary valid OMB Control Number. funding requirements and would not impact statement. A federalism impose any economic effects on small summary impact statement is not J. National Environmental Policy Act governmental entities. required. This rule does not constitute a major C. Small Business Regulatory G. Civil Justice Reform (E.O. 12988) Federal action significantly affecting the Enforcement Fairness Act This rule complies with the quality of the human environment. A This rule is not a major rule under 5 requirements of E.O. 12988. detailed statement under the National U.S.C. 804(2), the Small Business Specifically, this rule: (a) Meets the Environmental Policy Act of 1969 Regulatory Enforcement Fairness Act. criteria of section 3(a) requiring that all (NEPA) is not required because this is This rule: regulations be reviewed to eliminate an administrative and procedural (a) Will not have an annual effect on errors and ambiguity and be written to regulation. (For further information see the economy of $100 million or more. minimize litigation; and (b) Meets the 43 CFR 46.210(i)). We have also (b) Will not cause a major increase in criteria of section 3(b)(2) requiring that determined that the rule does not costs or prices for consumers, all regulations be written in clear involve any of the extraordinary individual industries, Federal, State, or language and contain clear legal circumstances listed in 43 CFR 46.215 local government agencies, or standards. that would require further analysis geographic regions. under NEPA. (c) Will not have significant adverse H. Consultation With Indian Tribes (E.O. 13175) K. Effects on the Energy Supply (E.O. effects on competition, employment, 13211) investment, productivity, innovation, or The Department of the Interior strives the ability of the U.S.-based enterprises to strengthen its government-to- This rule is not a significant energy to compete with foreign-based government relationship with Indian action under the definition in E.O. enterprises. tribes through a commitment to 13211. A Statement of Energy Effects is This rule acknowledges that some consultation with Indian tribes and not required. governmental entities are legally recognition of their right to self- L. E.O. 13771: Reducing Regulation and prohibited from complying with the governance and tribal sovereignty. We Controlling Regulatory Costs regulatory requirement for providing have evaluated this rule under the security and merely establishes a Department’s consultation policy and This action is not an E.O. 13771 procedure for documenting and under the criteria in E.O. 13175 and regulatory action because it imposes no notifying that the entities are legally have determined there are no more than de minimis costs.

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List of Subjects in 25 CFR Part 169 that paraphrases existing authorities DEPARTMENT OF DEFENSE Indians—lands, Reporting and under the Arms Export Control Act and Office of the Secretary recordkeeping requirements, Rights-of- describes internal procedures for way. calculating and assessing nonrecurring cost (NC) recoupments, for granting 32 CFR Part 268 For the reasons stated in the foreign government NC waiver requests, [Docket ID: DOD–2018–OS–0063] preamble, the Department of the for the types of foreign military sales Interior, Bureau of Indian Affairs, agreements covered, and for the offices amends 25 CFR part 169 as follows: RIN 0790–AK21 authorized to waive NC recoupment. PART 169—RIGHTS-OF-WAY OVER The corresponding internal procedures Collecting and Reporting of Foreign INDIAN LAND will continue to be made publicly Indebtedness Within the Department of available online. Defense ■ 1. The authority citation for part 169 DATES: AGENCY: Office of the Under Secretary of continues to read as follows: This rule is effective on August 19, 2019. Defense (Comptroller), DoD. Authority: 5 U.S.C. 301; 25 U.S.C. 323– ACTION: Final rule. 328; 25 U.S.C. 2201 et seq. FOR FURTHER INFORMATION CONTACT: ■ 2. Amend § 169.103 by adding Kellie Allison at 703–614–0410. SUMMARY: This final rule removes the paragraph (k) to read as follows: SUPPLEMENTARY INFORMATION: This Department of Defense (DoD) regulation removal supports a recommendation that relates to the collecting and § 169.103 What bonds, insurance, or other reporting of foreign indebtedness from the DoD Regulatory Reform Task security must accompany the application? because it contains DoD’s internal Force. This rule was codified on May * * * * * guidelines on identifying, billing, 24, 2013 (78 FR 31400), and it was never (k) The requirements of this section collecting, and managing foreign do not apply to Federal, State, Tribal, or updated. It has been determined that arrearages and indebtedness. These local governments who are prohibited publication of this CFR part removal for guidelines are internal and provide by law from providing a bond, public comment is unnecessary since it performance and reporting requirements insurance, or other security. Federal, is based on removing DoD internal to the Defense Finance and Accounting State, Tribal, or local governments procedures and information which Service, the Defense Security seeking this exemption must include paraphrases law. DoD internal guidance Cooperation Agency, and the DoD with their application a certification, on the recoupment of NCs under the Components. Therefore, this CFR part including a citation to applicable law, Arms Export Control Act, Public Law can be removed. that they are prohibited by law from 90–629, as amended, will continue to be DATES: This rule is effective on August providing security. Federal, State, published in DoD’s Financial 19, 2019. Tribal, or local governments must also Management Regulation, Volume 15, FOR FURTHER INFORMATION CONTACT: notify landowners that they are Chapter 7 (updated in November 2018), Kellie Allison at 703–614–0410. prohibited by law from providing available at https:// SUPPLEMENTARY INFORMATION: It has been security when they notify the Indian comptroller.defense.gov/Portals/45/ determined that publication of the landowners of their application under documents/fmr/current/15/15_07.pdf. § 169.107. removal of this CFR part, codified on This rule is not significant under March 17, 1978 (43 FR 11196), for Dated: April 26, 2019. Executive Order (E.O.) 12866, public comment is unnecessary because Tara Sweeney, ‘‘Regulatory Planning and Review.’’ it is based on removing internal policies Assistant Secretary—Indian Affairs. Therefore the requirements of Executive and procedures that will remain Order 13771, ‘‘Reducing Regulation and publicly available on the Department’s Editorial note: This document was Controlling Regulatory Costs,’’ do not website. DoD internal guidance will received for publication by the Office of the Federal Register on August 14, 2019. apply. continue to be published in DoD’s Financial Management Regulation, [FR Doc. 2019–17781 Filed 8–16–19; 8:45 am] List of Subjects in 32 CFR Part 165 BILLING CODE 4337–15–P Volume 16, Chapter 6 (most recently Calculating, Assessing, Waiver updated in August 2018), ‘‘Debt Owed to the Department of Defense (DoD) by requests, Agreements, Authorities and Foreign Entities,’’ available at https:// pricing guidelines. DEPARTMENT OF DEFENSE comptroller.defense.gov/Portals/45/ _ Office of the Secretary PART 165—[REMOVED] documents/fmr/current/16/16 06.pdf. This rule is not significant under Executive Order (E.O.) 12866, 32 CFR Part 165 ■ Accordingly, by the authority of 5 ‘‘Regulatory Planning and Review,’’ U.S.C. 301, 32 CFR part 165 is removed. [Docket ID: DOD–2018–OS–0088] therefore the requirements of Executive Dated: August 14, 2019. Order 13771, ‘‘Reducing Regulation and RIN 0790–AK24 Aaron T. Siegel, Controlling Regulatory Costs,’’ do not Recoupment of Nonrecurring Costs Alternate OSD Federal Register Liaison apply. (NCs) on Sales of U.S. Items Officer, Department of Defense. This removal supports a [FR Doc. 2019–17757 Filed 8–16–19; 8:45 am] recommendation from the DoD AGENCY: Office of the Under Secretary of Regulatory Reform Task Force. Defense (Comptroller), DoD. BILLING CODE 5001–06–P List of Subjects in 32 CFR Part 268 ACTION: Final rule. Accounting, Armed forces, Claims, SUMMARY: This final rule removes the Foreign claims, Reporting and Department of Defense (DoD) regulation recordkeeping requirements.

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PART 268—[REMOVED] event include the 3rd Tuesday and ACTION: Temporary final rule. Wednesday in August. Because an ■ Accordingly, by the authority of 5 additional air show practice over these SUMMARY: The Coast Guard is U.S.C. 301, 32 CFR part 268 is removed. same waters is scheduled for Monday, establishing two temporary moving August 19, 2019, and poses similar safety zones in the Baker Range portion Dated: August 14, 2019. of the Delaware River. This action is Aaron T. Siegel, hazards to safety of life, we are also issuing a separate special local necessary to provide for the safety of life Alternate OSD Federal Register Liaison and navigation on this portion of the Officer, Department of Defense. regulation from 10:30 a.m. to 4:30 p.m. on that day as well. For more Delaware River during submarine power [FR Doc. 2019–17773 Filed 8–16–19; 8:45 am] information on that rulemaking, go to cable laying operations. This regulation BILLING CODE 5001–06–P https://www.regulations.gov, type prohibits persons and vessels from USCG–2019–0644 in the ‘‘Search’’ box entering or transiting through the safety and click ‘‘Search.’’ These actions are zone without prior authorization from DEPARTMENT OF HOMELAND being taken to provide for the safety of the Captain of the Port Delaware Bay or SECURITY life on navigable waterways during this a designated representative. 3-day event. Our regulation for marine DATES: This rule is effective from Coast Guard events within the Fifth Coast Guard August 19, 2019 through December 31, District, table to § 100.501, section (a), 2019. 33 CFR Part 100 row (8), specifies the location of the ADDRESSES: To view documents [Docket No. USCG–2019–0543] regulated area as all waters of the North mentioned in this preamble as being Atlantic Ocean, adjacent to Atlantic available in the docket, go to https:// Special Local Regulations; Marine City, New Jersey, bounded by a line www.regulations.gov, type USCG–2019– Events Within the Fifth Coast Guard drawn between the following points: 0238 in the ‘‘SEARCH’’ box and click District From a point along the shoreline at ‘‘SEARCH.’’ Click on Open Docket latitude 39°21′31″ N, longitude Folder on the line associated with this AGENCY: Coast Guard, DHS. 074°25′04″ W, thence southeasterly to rule. ACTION: Notice of enforcement of latitude 39°21′08″ N, longitude FOR FURTHER INFORMATION CONTACT: If regulation. 074°24′48″ W, thence southwesterly to you have questions on this rule, call or latitude 39°20′16″ N, longitude email Petty Officer Edmund Ofalt, U.S. SUMMARY: The Coast Guard will enforce ° ′ ″ the special local regulation for the 074 27 17 W, thence northwesterly to a Coast Guard, Sector Delaware Bay, point along the shoreline at latitude Waterways Management Division; Thunder Over the Boardwalk Air Show ° ′ ″ ° ′ ″ on August 20 and August 21, 2019, from 39 20 44 N, longitude 074 27 31 W, telephone (215) 271–4814, email thence northeasterly along the shoreline [email protected]. 10:30 a.m. through 4:30 p.m., to provide ° ′ ″ for the safety of life on navigable to latitude 39 21 31 N, longitude SUPPLEMENTARY INFORMATION: 074°25′04″ W. waterways during this event. Our I. Table of Abbreviations regulation for marine events within the During the enforcement periods, as Fifth Coast Guard District identifies the reflected in § 100.100(c), if you are the CFR Code of Federal Regulations DHS Department of Homeland Security regulated area for this event in Atlantic operator of a vessel in the regulated area you must comply with directions from FR Federal Register City, NJ. During the enforcement NPRM Notice of proposed rulemaking periods, the operator of any vessel in the the Patrol Commander or any Official Patrol displaying a Coast Guard ensign. § Section regulated area must comply with U.S.C. United States Code directions from the Patrol Commander In add addition to this notice of or any Official Patrol displaying a Coast enforcement in the Federal Register, the II. Background Information and Guard ensign. Coast Guard will provide notification of Regulatory History the enforcement periods via broadcast On October 2, 2018, the Harlan DATES: The regulation in 33 CFR notice to mariners. 100.501 for the special local regulation Electric Company notified the Coast listed in item (a)(8) in the table to Dated: August 13, 2019. Guard of construction activities in the § 100.501 will be enforced from 10:30 Scott E. Anderson, Delaware River involving submerged a.m. through 4:30 p.m. on each of the Captain, U.S. Coast Guard, Captain of the cable laying operations. The submerged following dates: August 20, 2019, and Port, Delaware Bay. cable laying operation was originally August 21, 2019. [FR Doc. 2019–17740 Filed 8–16–19; 8:45 am] scheduled to begin on July 1, 2019, and continue through September 20, 2019. FOR FURTHER INFORMATION CONTACT: If BILLING CODE 9110–04–P In response to the notification, on May you have questions about this notice of 3, 2019, the Coast Guard published a enforcement, you may call or email notice of proposed rulemaking (NPRM) Petty Officer Thomas Welker, U.S. Coast DEPARTMENT OF HOMELAND that proposed a moving safety zone Guard, Sector Delaware Bay, Waterways SECURITY around the cable laying operations in Management Division, telephone 215– Coast Guard the Baker Range portion of the Delaware 271–4814, email Thomas.J.Welker@ River (84 FR 19003, May 3, 2019). There uscg.mil. 33 CFR Part 165 we stated why we issued the NPRM, SUPPLEMENTARY INFORMATION: The Coast and invited comments on our proposed Guard will enforce the special [Docket Number USCG–2019–0238] regulatory action related to this cable regulations as described in section (a), laying project. During the comment RIN 1625–AA00 row (8) of the table to in 33 CFR 100.501 period that ended June 3, 2019, we for the Thunder Over the Boardwalk Air Safety Zone; Delaware River; Baker received one supportive comment. Show from 10:30 a.m. to 4:30 p.m. on Range, DE and NJ On July 29, 2019, Harlan Electric August 20 and August 21, 2019. The Company notified the Coast Guard of its published enforcement periods for this AGENCY: Coast Guard, DHS. updated intentions to conduct cable

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laying operations, and debris removal as IV. Discussion of Comments, Changes, its transit through the zone when cable needed. Due to the nature of the and the Rule laying or debris removal operations are equipment needed for anticipated debris As noted above, we received one not occurring within the Baker Range removal, the Coast Guard is adding an comment on our NPRM. The comment Channel. additional safety zone to address the was supportive of the safety zone and V. Regulatory Analyses risks posed by debris removal did not suggest changes to the proposed operations in the navigable channel. We developed this rule after rule. However, we made two changes to considering numerous statutes and Harlan Electric Company also informed the regulatory text of this rule from the the Coast Guard of a new construction Executive orders related to rulemaking. proposed rule in the NPRM because the Below we summarize our analyses start date. party responsible for the construction The Coast Guard is issuing this based on a number of these statutes and provided us with new information temporary rule with two safety zones Executive orders, and we discuss First regarding the cable laying project after and different effective dates without Amendment rights of protestors. prior notice and opportunity to the comment period closed. The first change is to the effective A. Regulatory Planning and Review comment pursuant to authority under dates of the work. Due to unforeseen section 4(a) of the Administrative Executive Orders 12866 and 13563 project delays, the start date for the Procedure Act (APA) (5 U.S.C. 553(b)). direct agencies to assess the costs and This provision authorizes an agency to portion of the project that will impact benefits of available regulatory issue a rule without prior notice and the navigational channel is now alternatives and, if regulation is opportunity to comment when the anticipated to be August 19, 2019. necessary, to select regulatory agency for good cause finds that those Subsequently, the end date for these approaches that maximize net benefits. procedures are ‘‘impracticable, operations is now anticipated to be on Executive Order 13771 directs agencies unnecessary, or contrary to the public or about December 31, 2019. Due to the to control regulatory costs through a interest.’’ Under 5 U.S.C. 553(b)(B), the adjustments in start and end dates, the budgeting process. This rule has not Coast Guard finds that good cause exists enforcement dates have been adjusted been designated a ‘‘significant for not publishing a second notice of accordingly. regulatory action,’’ under Executive proposed rulemaking (NPRM) with The second change adds a safety zone Order 12866. Accordingly, this rule has respect to this rule because it is to address potential dredge vessels that not been reviewed by the Office of impracticable and contrary to the public may need to move large obstructions Management and Budget (OMB), and interest to do so. There is insufficient from the river bottom to achieve the pursuant to OMB guidance it is exempt time to allow for a reasonable comment required depth for the cable. This from the requirements of Executive period prior to the start of the second zone applies to all navigable Order 13771. construction activities in the Delaware waters within 300 yards of dredge This regulatory action determination River. The rule must be in force by equipment within and in the vicinity of is based on the size, location, duration, August 19, 2019 when the cable laying the Baker Range portion of the Delaware and time-of-day of the safety zone. project will commence. We are taking River. Adding this second zone also Vessel traffic will be able to safely immediate action to ensure the safety of required minor changes throughout the transit around and through these safety vessels and the general public from regulatory text to make wording and zones which would impact a small hazards associated with the submerged regulation structure consistent with designated area of the Delaware River cable laying operations. multiple zones instead of just one zone. for approximately four hours at a time Under 5 U.S.C. 553(d)(3), the Coast This rule establishes two safety zones for no more than four months. Working Guard finds that good cause exists for from August 19, 2019, through vessels will be in communication with making this rule effective less than 30 December 31, 2019. Safety zone one inbound commercial traffic and ensure days after publication in the Federal encompasses all navigable waters that the obstruction periods take place Register. Delaying the effective date of within 300 yards of ULISSE and when the impact will be minimal. this rule would be impracticable associated equipment during submarine Moreover, the Coast Guard will issue a because immediate action is needed to cable laying operations. Safety zone two Broadcast Notice to Mariners via VHF– respond to the potential safety hazards encompasses all navigable waters FM marine channel 16 about the zones associated with submarine cable laying within 300 yards of dredging vessels and the rule allows vessels to seek operations within the main navigational and equipment within the Baker Range permission to enter the zones and even channel. portion of the Delaware River. provides the opportunity for vessels to The duration of these safety zones is transit the zones without permission III. Legal Authority and Need for Rule intended to ensure the safety of vessels under certain conditions. The Coast Guard is issuing this rule and these navigable waters during under authority in 46 U.S.C. 70034. The submarine cable laying operations and B. Impact on Small Entities Captain of the Port Delaware Bay has debris removal within and in the The Regulatory Flexibility Act of determined that potential hazards vicinity of the Baker Range portion of 1980, 5 U.S.C. 601–612, as amended, associated with submarine cable laying the Delaware River. No vessel or person requires Federal agencies to consider operations will be a safety concern for will be permitted to enter the safety the potential impact of regulations on anyone within 300 yards of the cable zones without obtaining permission small entities during rulemaking. The laying barge ULISSE and any associated from the COTP or a designated term ‘‘small entities’’ comprises small equipment. The purpose of this rule is representative. However, vessels may businesses, not-for-profit organizations to ensure safety of vessels and the transit either safety zone without that are independently owned and navigable waters in the safety zone contacting the COTP or a designated operated and are not dominant in their during cable laying and debris removal representative if the vessel maintains fields, and governmental jurisdictions operations that will take place in and the minimum safe speed to reduce wake with populations of less than 50,000. around the main navigational channel and maintain steerage, if the vessel The Coast Guard received no comments in the Baker Range portion of the contacts ULISSE and arranges safe from the Small Business Administration Delaware River. passage, and if the vessel can complete on this rulemaking. The Coast Guard

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certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the requirements, Security measures, rule will not have a significant Federal Government and Indian tribes, Waterways. economic impact on a substantial or on the distribution of power and For the reasons discussed in the number of small entities. responsibilities between the Federal preamble, the Coast Guard amends 33 While some owners or operators of Government and Indian tribes. If you CFR part 165 as follows: vessels intending to transit the safety believe this rule has implications for zone may be small entities, for the federalism or Indian tribes, please call PART 165—REGULATED NAVIGATION reasons stated in section V.A above, this or email the person listed in the FOR AREAS AND LIMITED ACCESS AREAS rule will not have a significant FURTHER INFORMATION CONTACT section. economic impact on any vessel owner ■ 1. The authority citation for part 165 or operator. E. Unfunded Mandates Reform Act continues to read as follows: Under section 213(a) of the Small The Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires 1.05–1, 6.04–1, 6.04–6, and 160.5; Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of Department of Homeland Security Delegation we want to assist small entities in their discretionary regulatory actions. In No. 0170.1. understanding this rule. If the rule particular, the Act addresses actions ■ 2. Add § 165.T05–0238 to read as would affect your small business, that may result in the expenditure by a follows: organization, or governmental State, local, or tribal government, in the jurisdiction and you have questions § 165.T05–0238 Safety Zone; Delaware aggregate, or by the private sector of River; Baker Range, PA. concerning its provisions or options for $100,000,000 (adjusted for inflation) or compliance, please call or email the more in any one year. Though this rule (a) Location. The following areas are person listed in the FOR FURTHER will not result in such an expenditure, safety zones: (1) Safety zone one includes all INFORMATION CONTACT section. we do discuss the effects of this rule navigable waters within 300 yards of the Small businesses may send comments elsewhere in this preamble. on the actions of Federal employees barge ULISSE while it is exhibiting who enforce, or otherwise determine F. Environment lights or shapes indicating it is restricted in its ability to maneuver per compliance with, Federal regulations to We have analyzed this rule under § 83.27 of this chapter during submarine the Small Business and Agriculture Department of Homeland Security cable laying operations in and around Regulatory Enforcement Ombudsman Directive 023–01 and Environmental Baker Range on the Delaware River. and the Regional Small Business Planning COMDTINST 5090.1 (series), Regulatory Fairness Boards. The (2) Safety zone two includes all which guide the Coast Guard in navigable waters within 300 yards of the Ombudsman evaluates these actions complying with the National annually and rates each agency’s dredge exhibiting lights or shapes Environmental Policy Act of 1969 (42 indicating it is restricted in its ability to responsiveness to small business. If you U.S.C. 4321–4370f), and have wish to comment on actions by maneuver per § 83.27 of this chapter determined that this action is one of a while removing debris in support of employees of the Coast Guard, call 1– category of actions that do not 888–REG–FAIR (1–888–734–3247). The ULISSE cable laying operations in and individually or cumulatively have a around Baker Range on the Delaware Coast Guard will not retaliate against significant effect on the human small entities that question or complain River. environment. This rule involves two (b) Definitions. As used in this about this rule or any policy or action moving safety zones that will prohibit of the Coast Guard. section, designated representative entry within 300 yards of the cable means a Coast Guard Patrol C. Collection of Information laying barge ULISSE and associated Commander, including a Coast Guard This rule will not call for a new equipment as well as dredge vessels coxswain, petty officer, or other officer collection of information under the working within, and in the vicinity of, operating a Coast Guard vessel and a Paperwork Reduction Act of 1995 (44 the Baker Range portion of the Delaware Federal, State, and local officer U.S.C. 3501–3520). River. It is categorically excluded from designated by or assisting the Captain of further review under paragraph L60(a) the Port Delaware Bay (COTP) in the D. Federalism and Indian Tribal in Table 3–1 of U.S. Coast Guard enforcement of the safety zone. Governments Environmental Planning Implementing (c) Regulations. (1) In accordance with A rule has implications for federalism Procedures. A Record of Environmental the general safety zone regulations in under Executive Order 13132, Consideration supporting this subpart C of this part and except for as Federalism, if it has a substantial direct determination is available in the docket described in paragraph (c)(3) of this effect on the States, on the relationship where indicated under ADDRESSES. section, vessels may not enter, remain between the national government and G. Protest Activities in, or transit the safety zone described the States, or on the distribution of in paragraph (a) of this section unless power and responsibilities among the The Coast Guard respects the First authorized by the COTP or the COTP’s various levels of government. We have Amendment rights of protesters. designated representative. analyzed this rule under that Order and Protesters are asked to call or email the (2) To seek permission to enter or have determined that it is consistent person listed in the FOR FURTHER remain in the zone contact the COTP or with the fundamental federalism INFORMATION CONTACT section to the COTP’s representative via VHF–FM principles and preemption requirements coordinate protest activities so that your Channel 16. Those in the safety zone described in Executive Order 13132. message can be received without must comply with all lawful orders or Also, this rule does not have tribal jeopardizing the safety or security of directions given to them by the COTP or implications under Executive Order people, places or vessels. the COTP’s designated representative. 13175, Consultation and Coordination (3) Vessels may, without prior List of Subjects 33 CFR Part 165 with Indian Tribal Governments, authorization from the COTP or COTP’s because it does not have a substantial Harbors, Marine safety, Navigation representative, transit safety zone one if direct effect on one or more Indian (water), Reporting and recordkeeping they meet all of the following criteria

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and safety zone two if they meet the www.regulations.gov, type USCG–2019– within the safety zone before during and criteria in paragraphs (c)(3)(i) and (ii) of 0694 in the ‘‘SEARCH’’ box and click after the fireworks display. this section: ‘‘SEARCH.’’ Click on Open Docket IV. Discussion of the Rule (i) Vessel must contact the ULISSE Folder on the line associated with this and arrange for safe passage. rule. This rule establishes a safety zone (ii) Vessel shall maintain the FOR FURTHER INFORMATION CONTACT: If from 9:00 until 10 p.m. on August 30, minimum safe speed to reduce wake you have questions on this rule, call or 2019. The safety zone will cover all and maintain steerage. email MST3 Wesley Cornelius, MSU navigable waters on the Kanawha River (iii) Vessel may begin, and must Huntington, U.S. Coast Guard; 304–733– from Mile Marker (MM) 58.1 to 59.1. complete, its transit through safety zone 0198, [email protected]. The duration of the zone is intended to one only when ULISSE is not protect persons, vessels, and the marine SUPPLEMENTARY INFORMATION: conducting cable laying operations environment in these navigable waters within Baker Range Channel. Cable I. Table of Abbreviations before, during, and after the fireworks laying operations within the channel CFR Code of Federal Regulations display. No vessel or person will be will be announced via Broadcast Notice DHS Department of Homeland Security permitted to enter the safety zone to Mariners, are expected to last FR Federal Register without obtaining permission from the approximately 4 hours at a time, and NPRM Notice of proposed rulemaking COTP or a designated representative. will be visually signaled by ULISSE § Section Persons or vessels desiring to enter into displaying lights or shapes exhibiting U.S.C. United States Code or pass through the zone must request restricted in ability to maneuver. II. Background Information and permission from the COTP or a (d) Enforcement. The U.S. Coast Regulatory History designated representative. They may be Guard may be assisted in the patrol and contacted on VHF–FM radio channel 16 enforcement of the safety zone by The Coast Guard is issuing this or phone at 1–800–253–7465. Federal, State, and local agencies. temporary rule without prior notice and Persons and vessels permitted to enter (e) Enforcement period. Enforcement opportunity to comment pursuant to the safety zone must transit at the of the safety zone will begin August 19, authority under section 4(a) of the slowest safe speed and comply with all 2019, and continue through December Administrative Procedure Act (APA) (5 lawful directions issued by the COTP or 31, 2019. U.S.C. 553(b)). This provision a designated representative. The COTP authorizes an agency to issue a rule Dated: August 13, 2019. or a designated representative will without prior notice and opportunity to Scott E. Anderson, inform the public through Broadcast comment when the agency for good Notices to Mariners of the enforcement Captain, U.S. Coast Guard, Captain of the cause finds that those procedures are Port, Delaware Bay. period for the safety zone, as well as any ‘‘impracticable, unnecessary, or contrary changes in the dates and times of [FR Doc. 2019–17709 Filed 8–16–19; 8:45 am] to the public interest.’’ Under 5 U.S.C. enforcement. BILLING CODE 9110–04–P 553(b)(B), the Coast Guard finds that good cause exists for not publishing a V. Regulatory Analyses notice of proposed rulemaking (NPRM) We developed this rule after DEPARTMENT OF HOMELAND with respect to this rule because it is considering numerous statutes and SECURITY impracticable. It is impracticable to Executive orders related to rulemaking. Coast Guard publish an NPRM because we must Below we summarize our analyses establish the safety zone by August 30, based on a number of these statutes and 33 CFR Part 165 2019 and lack sufficient time to request Executive orders. comments and respond to those A. Regulatory Planning and Review [Docket Number USCG–2019–0694] comments before the zone must be Executive Orders 12866 and 13563 RIN 1625–AA00 established. Under 5 U.S.C. 553(d)(3), the Coast direct agencies to assess the costs and Safety Zone; Kanawha River, Guard finds that good cause exists for benefits of available regulatory Charleston, WV making this rule effective less than 30 alternatives and, if regulation is days after publication in the Federal necessary, to select regulatory AGENCY: Coast Guard, DHS. Register. Delaying the effective date of approaches that maximize net benefits. ACTION: Temporary final rule. this rule would be contrary to the public Executive Order 13771 directs agencies interest because immediate action is to control regulatory costs through a SUMMARY: The Coast Guard is needed to provide for public safety and budgeting process. This rule has not establishing a temporary safety zone for mitigation of potential hazards been designated a ‘‘significant all navigable waters on the Kanawha associated with the fireworks display. regulatory action,’’ under Executive River. The safety zone is needed to Order 12866. Accordingly, this rule has provide for safety of life and protection III. Legal Authority and Need for Rule not been reviewed by the Office of of vessels and the marine environment The Coast Guard is issuing this rule Management and Budget (OMB), and from potential hazards associated with under authority in 46 U.S.C. 70034 pursuant to OMB guidance it is exempt the fireworks display. Entry of vessels or (previously 33 U.S.C. 1231). The from the requirements of Executive persons into the zone is prohibited Captain of the Port Sector Ohio Valley Order 13771. unless specifically authorized by the (COTP) has determined that potential This regulatory action determination Captain of the Port Sector Ohio Valley hazards associated with the fireworks is based on the size, location, duration or a designated representative. display on August 30, 2019 will be a and time of day of the temporary safety DATES: This rule is effective from 9:00 safety concern for anyone from mile zone. The safety zone will last 1 hour through 10 p.m. on August 30, 2019. marker 58.1 to 59.1 on the Kanawha and will impact a small designated area ADDRESSES: To view documents River. This rule is needed to protect of the Kanawha River. The safety zone mentioned in this preamble as being personnel, vessels, and the marine will be enforced later in the day when available in the docket, go to https:// environment in the navigable waters vessel traffic is normally low. Moreover,

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the Coast Guard will issue a Broadcast effect on the States, on the relationship G. Protest Activities Notice to Mariners via VHF–FM marine between the national government and channel 16 about the zone. the States, or on the distribution of The Coast Guard respects the First power and responsibilities among the Amendment rights of protesters. B. Impact on Small Entities various levels of government. We have Protesters are asked to contact the FOR FURTHER The Regulatory Flexibility Act of analyzed this rule under that Order and person listed in the 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent INFORMATION CONTACT section to requires Federal agencies to consider with the fundamental federalism coordinate protest activities so that your message can be received without the potential impact of regulations on principles and preemption requirements jeopardizing the safety or security of small entities during rulemaking. The described in Executive Order 13132. term ‘‘small entities’’ comprises small people, places or vessels. Also, this rule does not have tribal businesses, not-for-profit organizations List of Subjects in 33 CFR Part 165 that are independently owned and implications under Executive Order operated and are not dominant in their 13175, Consultation and Coordination Harbors, Marine safety, Navigation fields, and governmental jurisdictions with Indian Tribal Governments, (water), Reporting and recordkeeping with populations of less than 50,000. because it does not have a substantial requirements, Security measures, The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian Waterways. tribes, on the relationship between the 605(b) that this rule will not have a For the reasons discussed in the significant economic impact on a Federal Government and Indian tribes, or on the distribution of power and preamble, the Coast Guard amends 33 substantial number of small entities. CFR part 165 as follows: While some owners or operators of responsibilities between the Federal vessels intending to transit the safety Government and Indian tribes. If you PART 165—REGULATED NAVIGATION zone may be small entities, for the believe this rule has implications for AREAS AND LIMITED ACCESS AREAS reasons stated in section V.A above, this federalism or Indian tribes, please call FOR rule will not have a significant or email the person listed in the ■ 1. The authority citation for part 165 economic impact on any vessel owner FURTHER INFORMATION CONTACT section continues to read as follows: or operator. above. Under section 213(a) of the Small Authority: 46 U.S.C. 70034, 70051; 33 CFR E. Unfunded Mandates Reform Act Business Regulatory Enforcement 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act No. 0170.1. we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T08–0694 to read as understanding this rule. If the rule Federal agencies to assess the effects of follows: would affect your small business, their discretionary regulatory actions. In organization, or governmental particular, the Act addresses actions § 165.T08–0694 Safety Zone; Kanawha jurisdiction and you have questions that may result in the expenditure by a River, Charleston, WV. concerning its provisions or options for State, local, or tribal government, in the compliance, please call or email the (a) Location. The following area is a aggregate, or by the private sector of safety zone: All navigable waters of the person listed in the FOR FURTHER $100,000,000 (adjusted for inflation) or INFORMATION CONTACT section. Kanawha River from MM 58.1 to MM more in any one year. Though this rule 59.1. Small businesses may send comments will not result in such an expenditure, on the actions of Federal employees we do discuss the effects of this rule (b) Regulations. Under the general who enforce, or otherwise determine elsewhere in this preamble. safety zone regulations in subpart C of compliance with, Federal regulations to this part, you may not enter the safety the Small Business and Agriculture F. Environment zone described in paragraph (a) of this Regulatory Enforcement Ombudsman section unless authorized by the Captain and the Regional Small Business We have analyzed this rule under of the Port Sector Ohio Valley (COTP) Regulatory Fairness Boards. The Department of Homeland Security or a designated representative. Persons Ombudsman evaluates these actions Directive 023–01 and Environmental or vessels desiring to enter into or pass annually and rates each agency’s Planning COMDTINST 5090.1 (series), through the zone must request responsiveness to small business. If you which guide the Coast Guard in permission from the COTP or a wish to comment on actions by complying with the National designated representative. They may be employees of the Coast Guard, call 1– Environmental Policy Act of 1969 (42 contacted on VHF–FM radio channel 16 888–REG–FAIR (1–888–734–3247). The U.S.C. 4321–4370f), and have or phone at 1–800–253–7465. determined that this action is one of a Coast Guard will not retaliate against (c) Persons and vessels permitted to small entities that question or complain category of actions that do not individually or cumulatively have a enter the safety zone must transit at the about this rule or any policy or action slowest safe speed and comply with all of the Coast Guard. significant effect on the human environment. This rule involves a safety lawful directions issued by the COTP or C. Collection of Information zone lasting 1 hour that will prohibit a designated representative. This rule will not call for a new entry into the safety zone from MM 58.1 (c) Enforcement period. This section collection of information under the to MM 59.1 on the Kanawha River. It is will be enforced from 9:00 p.m. to 10 Paperwork Reduction Act of 1995 (44 categorically excluded from further p.m. on August 30, 2019. U.S.C. 3501–3520). review under paragraph L60(a) in Table (d) Informational broadcasts. The 3–1 of U.S. Coast Guard Environmental COTP or a designated representative D. Federalism and Indian Tribal Planning Implementing Procedures. A will inform the public through Governments Record of Environmental Consideration Broadcast Notices to Mariners of the A rule has implications for federalism supporting this determination is enforcement period for the safety zone, under Executive Order 13132, available in the docket where indicated as well as any changes in the dates and Federalism, if it has a substantial direct under ADDRESSES. times of enforcement.

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Dated: August 13, 2019. opportunity to comment pursuant to A. Regulatory Planning and Review A.M. Beach, authority under section 4(a) of the Executive Orders 12866 and 13563 Captain, U.S. Coast Guard, Captain of the Administrative Procedure Act (APA) (5 direct agencies to assess the costs and Port Sector Ohio Valley. U.S.C. 553(b)). This provision benefits of available regulatory [FR Doc. 2019–17705 Filed 8–16–19; 8:45 am] authorizes an agency to issue a rule alternatives and, if regulation is BILLING CODE 9110–04–P without prior notice and opportunity to necessary, to select regulatory comment when the agency for good approaches that maximize net benefits. cause finds that those procedures are Executive Order 13771 directs agencies DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary to control regulatory costs through a SECURITY to the public interest.’’ Under 5 U.S.C. budgeting process. This rule has not 553(b)(B), the Coast Guard finds that Coast Guard been designated a ‘‘significant good cause exists for not publishing a regulatory action,’’ under Executive notice of proposed rulemaking (NPRM) 33 CFR Part 165 Order 12866. Accordingly, this rule has with respect to this rule because it is not been reviewed by the Office of [Docket Number USCG–2019–0665] impracticable. It is impracticable to Management and Budget (OMB), and publish an NPRM because we must RIN 1625–AA00 pursuant to OMB guidance it is exempt establish the safety zone by August 31, from the requirements of Executive Safety Zone; Ohio River, Point 2019 and lack sufficient time to provide Order 13771. Pleasant, WV a reasonable comment period and then This regulatory action determination consider those comments before issuing is based on the size, location, and AGENCY: Coast Guard, DHS. this rule. duration of the temporary safety zone. ACTION: Temporary final rule. Under 5 U.S.C. 553(d)(3), the Coast The safety zone restricts transit on a SUMMARY: The Coast Guard is Guard finds that good cause exists for one-mile stretch of the Ohio River for establishing a temporary safety zone for making this rule effective less than 30 thirty minutes on one day. The safety the navigable waters of the Ohio River, days after publication in the Federal zone will be enforced later in the day from mile marker (MM) 264.6 to MM Register. Delaying the effective date of when vessel traffic is normally low. 265.6, near Point Pleasant on August 31, this rule would be contrary to the public Moreover, the Coast Guard will issue a 2019 for a Labor Day fireworks display. interest because immediate action is Local Notice to Mariners and a The safety zone is needed to protect needed to provide for public safety and Broadcast Notice to Mariners via VHF– personnel, vessels, and the marine mitigation of potential hazards FM marine channel 16 about safety zone environment from potential hazards associated with the fireworks display. so that waterway users may plan accordingly for this short restriction on created by the fireworks display. Entry III. Legal Authority and Need for Rule of vessels or persons into this zone is transit, and the rule would allow vessels prohibited unless authorized by the The Coast Guard is issuing this rule to request permission to enter the zone. Captain of the Port Sector Ohio Valley under authority in 46 U.S.C. 70034 B. Impact on Small Entities or a designated representative. (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio Valley The Regulatory Flexibility Act of DATES: This rule is effective from 9:30 1980, 5 U.S.C. 601–612, as amended, through 10 p.m. on August 31, 2019. (COTP) has determined that potential hazards associated with the fireworks requires Federal agencies to consider ADDRESSES: To view documents the potential impact of regulations on mentioned in this preamble as being display on August 31, 2019 will be a safety concern for anyone within the small entities during rulemaking. The available in the docket, go to https:// term ‘‘small entities’’ comprises small www.regulations.gov, type USCG–2019– one-mile stretch of the Ohio River. The purpose of this rule is to protect businesses, not-for-profit organizations 0665 in the ‘‘SEARCH’’ box and click that are independently owned and ‘‘SEARCH.’’ Click on Open Docket personnel, vessels, and the marine environment in the navigable waters operated and are not dominant in their Folder on the line associated with this fields, and governmental jurisdictions rule. within the regulated area before, during, and after the scheduled event. with populations of less than 50,000. FOR FURTHER INFORMATION CONTACT: If The Coast Guard certifies under 5 U.S.C. you have questions on this rule, call or IV. Discussion of the Rule 605(b) that this rule will not have a email MST3 Wesley Cornelius, MSU significant economic impact on a Huntington, U.S. Coast Guard; This rule establishes a safety zone substantial number of small entities. telephone 304–733–0198, email from 9:30 until 10 p.m. on August 31, While some owners or operators of [email protected]. 2019. The safety zone will cover all vessels intending to transit the safety SUPPLEMENTARY INFORMATION: navigable waters from mile marker zone may be small entities, for the (MM) 264.6 to MM 265.6. No vessels or reasons stated in section V.A above, this I. Table of Abbreviations persons will be permitted to enter the rule will not have a significant CFR Code of Federal Regulations safety zone without obtaining economic impact on any vessel owner COTP Captain of the Port Sector Ohio permission from the COTP or a or operator. Valley designated representative. Under section 213(a) of the Small DHS Department of Homeland Security Business Regulatory Enforcement FR Federal Register V. Regulatory Analyses NPRM Notice of proposed rulemaking Fairness Act of 1996 (Pub. L. 104–121), § Section We developed this rule after we want to assist small entities in U.S.C. United States Code considering numerous statutes and understanding this rule. If the rule Executive orders related to rulemaking. would affect your small business, II. Background Information and Below we summarize our analyses organization, or governmental Regulatory History based on a number of these statutes and jurisdiction and you have questions The Coast Guard is issuing this Executive orders, and we discuss First concerning its provisions or options for temporary rule without prior notice and Amendment rights of protestors. compliance, please call or email the

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person listed in the FOR FURTHER more in any one year. Though this rule (b) Regulations. Under the general INFORMATION CONTACT section. will not result in such an expenditure, safety zone regulations in subpart C of Small businesses may send comments we do discuss the effects of this rule this part, you may not enter the safety on the actions of Federal employees elsewhere in this preamble. zone described in paragraph (a) of this who enforce, or otherwise determine section unless authorized by the Captain F. Environment compliance with, Federal regulations to of the Port Sector Ohio Valley (COTP) the Small Business and Agriculture We have analyzed this rule under or the COTP’s designated representative. Regulatory Enforcement Ombudsman Department of Homeland Security (c) Enforcement period. This section and the Regional Small Business Directive 023–01 and Environmental will be enforced from 9:30 to 10 p.m. on Regulatory Fairness Boards. The Planning COMDTINST 5090.1 (series), August 31, 2019. Ombudsman evaluates these actions which guide the Coast Guard in (d) Information broadcasts. The Coast annually and rates each agency’s complying with the National Guard will issue Broadcast Notices to responsiveness to small business. If you Environmental Policy Act of 1969 (42 Mariners, and Local Notices to Mariners wish to comment on actions by U.S.C. 4321–4370f), and have about this safety zone. determined that this action is one of a employees of the Coast Guard, call 1– Dated: August 12, 2019. 888–REG–FAIR (1–888–734–3247). The category of actions that do not A.M. Beach, Coast Guard will not retaliate against individually or cumulatively have a small entities that question or complain significant effect on the human Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. about this rule or any policy or action environment. This rule involves a safety of the Coast Guard. zone lasting 30 minutes that will [FR Doc. 2019–17706 Filed 8–16–19; 8:45 am] prohibit access to the Ohio River from BILLING CODE 9110–04–P C. Collection of Information mile marker 264.6 to mile marker 265.6. This rule will not call for a new It is categorically excluded from further collection of information under the review under paragraph L60(a) in Table DEPARTMENT OF THE INTERIOR Paperwork Reduction Act of 1995 (44 3–1 of U.S. Coast Guard Environmental U.S.C. 3501–3520). Planning Implementing Procedures. A National Park Service Record of Environmental Consideration D. Federalism and Indian Tribal 36 CFR Part 7 Governments supporting this determination is available in the docket where indicated [Docket No. NPS–2018–0008; NPS–DEVA– A rule has implications for federalism under ADDRESSES. 25759; PPWONRADE2, PMP00EI05.YP0000] under Executive Order 13132, Federalism, if it has a substantial direct G. Protest Activities RIN 1024–AE48 effect on the States, on the relationship The Coast Guard respects the First between the national government and Death Valley National Park; Amendment rights of protesters. Designation of Airstrip the States, or on the distribution of Protesters are asked to contact the power and responsibilities among the person listed in the FOR FURTHER AGENCY: National Park Service, Interior. various levels of government. We have INFORMATION CONTACT section to ACTION: Final rule. analyzed this rule under that Order and coordinate protest activities so that your have determined that it is consistent message can be received without SUMMARY: The National Park Service with the fundamental federalism jeopardizing the safety or security of revises the special regulations for Death principles and preemption requirements people, places or vessels. Valley National Park to designate the described in Executive Order 13132. Saline Valley Warm Springs Airfield, List of Subjects in 33 CFR Part 165 Also, this rule does not have tribal commonly known as the Chicken Strip, implications under Executive Order Harbors, Marine Safety, Navigation within the Saline Valley Warm Springs 13175, Consultation and Coordination (water), Reporting and Recordkeeping Area as a location available for the with Indian Tribal Governments, Requirements, Security Measures, operation of aircraft. because it does not have a substantial Waterways. DATES: This rule is effective on August direct effect on one or more Indian For the reasons discussed in the 19, 2019. tribes, on the relationship between the preamble, the Coast Guard amends 33 FOR FURTHER INFORMATION CONTACT: Federal Government and Indian tribes, CFR part 165 as follows: or on the distribution of power and Kelly Daigle, National Park Service, responsibilities between the Federal PART 165—REGULATED NAVIGATION Environmental Quality Division, (303) _ Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS 987–6897, kelly [email protected]. believe this rule has implications for SUPPLEMENTARY INFORMATION: ■ 1. The authority citation for part 165 federalism or Indian tribes, please call Background or email the person listed in the FOR continues to read as follows: FURTHER INFORMATION CONTACT section Authority: 46 U.S.C. 70034, 70051; 33 CFR Saline Valley is a large desert valley above. 1.05–1, 6.04–1, 6.04–6, and 160.5; located in the northwest portion of Department of Homeland Security Delegation Death Valley National Park (the park). E. Unfunded Mandates Reform Act No. 0170.1. The Saline Valley Warm Springs Area is The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0665 to read as approximately 1,100 acres of of 1995 (2 U.S.C. 1531–1538) requires follows: backcountry surrounded by wilderness. Federal agencies to assess the effects of This Area is distinctive, both in the their discretionary regulatory actions. In § 165.T08–0665 Safety Zone; Ohio River, setting of the site and in its geology. particular, the Act addresses actions Point Pleasant, WV. Saline Valley is a closed basin, which that may result in the expenditure by a (a) Location. The following area is a means that the water does not flow to State, local, or tribal government, in the safety zone: all navigable waters on the another body of water. Water in closed aggregate, or by the private sector of Ohio River from mile marker (MM) basins only leaves the system by $100,000,000 (adjusted for inflation) or 264.6 to MM 265.6. evaporation or diversion. The Saline

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Valley Warm Springs are among the Historically, the landing strips were the operation or use of an aircraft on highest-flow springs in the park. The used by miners and prospectors to lands or waters other than at locations mountain ranges surrounding this access Saline Valley. The Chicken Strip designated pursuant to a special valley, Saline Range, Last Chance is the only remaining active landing regulation. Range, and Inyo Range, have elevations strip within the Saline Valley Warm This rule also removes references to ranging from 7,000 feet to over 11,000 Springs Area. It is approximately 1,400 ‘‘Death Valley National Monument’’ and feet, which result in spectacular views feet long and 35 feet wide. The strip has ‘‘Monument’’ in § 2.17 and replaces from the Saline Valley Warm Springs at a tie-down area large enough to them with references to ‘‘Death Valley an elevation of around 1,000 feet in the accommodate five small planes. National Park’’ and ‘‘Park’’. This reflects valley floor. Features of the airstrip include a the abolishment of Death Valley The Timbisha Shoshone Tribe (the windsock, painted rocks lining the strip, National Monument and the Tribe), whose homelands encompass the and two airplane tie-downs. Visitors establishment of Death Valley National entirety of the park, has a deep affinity who fly into the Saline Valley Warm Park in 1994. 16 U.S.C. 410aaaa–1. for the Saline Valley Warm Springs Area Springs Area via the Chicken Strip often Summary of Public Comments due to the existence of long-lived camp next to their airplanes. historical and ethnographic The Chicken Strip surface is The NPS published a proposed rule in connections. The Timbisha Shoshone maintained by the community of the Federal Register on September 20, Homeland Act of 2000 (Homeland Act; recreational pilots who use it. The 2018 (83 FR 47587). The NPS accepted Pub. L. 106–423) specified designated Recreational Aviation Foundation public comments on the proposed rule special use areas. Saline Valley is part (RAF), an organization of private pilots, for 60 days via the mail, hand delivery, of one of these special use areas. The is active in the promotion of the and the Federal eRulemaking Portal at waters of the warm springs in Saline continued use of the Chicken Strip. In http://www.regulations.gov. Comments Valley are a source of puha for the 2017, the NPS renewed a memorandum were accepted through November 19, Tribe, a life force energy. Although the of understanding (MOU) with the RAF 2018. A total of 461 comments were development of the Area by Euro- that allows the RAF to maintain the submitted and reviewed. A summary of Americans degraded puha and other Chicken Strip under the supervision of the pertinent issues raised in the ethnographic resources, Tribal leaders NPS staff at no cost to the NPS. comments and NPS responses are still seek these cultural connections Maintenance activities include leveling provided below. Several comments on from historic times until the present and and packing the surface and removing the proposed rule addressed the NPS’s will continue to do so in the future. stones and debris. evaluation of the environmental impacts The Saline Valley Warm Springs Area Based on visitor registration logs at of the preferred alternative in the Saline has not been formally or systematically the Chicken Strip, approximately 440 Valley Warm Springs Draft Management developed for use by the NPS but does people visited Saline Valley via airplane Plan/Environmental Impact Statement have a number of user-developed and from 2008 to 2012, averaging 88 visitors (DEIS). These comments are not user-maintained structures and per year. Of the aircraft reported, addressed in this final rule. The NPS facilities. Visitors enjoy backcountry approximately two-thirds were Cessna evaluated the environmental impacts of camping and soaking tubs created by models. Other types of planes included each alternative in the FEIS and diverting water from natural source various models of Pipers, Maules, and explained the reasons for selecting the springs. Visitors use the Saline Valley Beechcraft. The largest number of preferred alternative in the ROD. After Warm Springs Area throughout the year people recorded in one aircraft was six. considering the public comments and but the cooler months, October to May, The Chicken Strip is the last after additional review, the NPS did not receive the highest use; holidays are backcountry airstrip remaining in the make any changes to the rule. times of especially heavy use. The park and provides a unique and 1. Comment: Several commenters Lower Spring area is the most challenging aviation experience. expressed concern that designation of developed and includes the following Retaining use of the airstrip will benefit the Chicken Strip for use by aircraft will features: Cool Pool, Sunrise Pool, visitor use and experience for those lead to increased use, and the related Crystal Pool, Children’s Play Tub, visitors who seek this type of recreation, noise pollution will negatively impact communal fire pit, library, shower, or those visitors who enjoy watching the the remote character and quietude of bathtub, sink for dishwashing, aircraft fly into the Saline Valley Warm Saline Valley and surrounding maintained lawn, settling pond, auto Springs Area. wilderness, thus altering and ultimately shop, and the camp host site. It is the diminishing the experience of visitors Final Rule site of many communal activities, such who are seeking respite from such as group fires, communal dinners, and This rule designates the Chicken Strip intrusion. Other commenters expressed singing. The site contains heavy feral airstrip as available for use by aircraft. concern that the rule imposes no burro concentration and use, and This action implements part of the constraints on the number and invasive species such as palm trees and preferred alternative identified in the frequency of flights that can land at the Bermuda grass. May 2019 Saline Valley Warm Springs Chicken Strip. One commenter Management Plan and Environmental suggested establishing a permit system Chicken Strip Airstrip Impact Statement (FEIS). On June 14, to manage use. There is a small, unimproved landing 2019, the Regional Director for the NPS Response: There is no evidence strip to the west of Lower Spring, Pacific West Region signed a Record of to suggest, and the NPS does not referred to as the Chicken Strip. The Decision identifying the preferred anticipate, that the designation of the formal name of the airstrip is the Saline alternative as the selected alternative. Chicken Strip will lead to increased Valley Warm Springs Airfield. The The airstrip has been in use since before aircraft use at the Saline Valley Warm airstrip is located at latitude N the NPS began managing the Saline Springs Area. The use of the airstrip is 36°48.41′, longitude W 117°46.90′. In Valley Warm Springs Area in 1994. This technically demanding even for the past years, there were up to three rule codifies the continued use of the most experienced pilots and is therefore landing strips for small planes in this airstrip. National Park Service (NPS) somewhat self-regulating due the size of Area. Two have been decommissioned. regulations at 36 CFR 2.17(a)(1) prohibit the landing area—1,400 feet long and 35

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feet wide. From 2008–2012, 235 planes alternative, more affordable means of Valley by aircraft before it was managed landed at the Chicken Strip, averaging visitor access than private aviation, with by the NPS and most use the airstrip to 47 planes per year. More recent data nominal environmental harm. access recreational activities in the collected from 2017 and 2018 NPS Response: Most visitors access Saline Valley. Although recreational documented 74 planes which landed at the Saline Valley Warm Springs Area flyers may access nearby airstrips such the Chicken Strip during this time, via Saline Valley Road, from either the as Furnace Creek, Stovepipe Wells, or averaging 37 landings per year. Given north (North Pass) or the south (South Lone Pine, access to the Saline Valley the current use levels, there is no plan Pass). Inyo County maintains the road Warm Springs Area requires an for establishing a permit system for from the southern access point at additional 3–4-hour drive from any of aircraft at the Chicken Strip at this time, California Highway 190 to Big Pine these other airstrips, and pilots would though this could be reconsidered if use Road at the northern access point. The need to arrange vehicle transport in significantly increases. NPS maintains the other roads nearby advance to travel to Saline Valley from Of the aircraft reported, the Saline Valley Warm Springs Area these locations. The experience one gets approximately two-thirds were various according to the park’s standards for by visiting the Saline Valley Warm models of Cessna or Vistaliner backcountry roads. Aircraft are just one Springs Area by landing at the Chicken airplanes, averaging a decibel (dB) level of several motorized means of accessing Strip is completely different than the of less than 80dB when flying over at the Area for recreational purposes. The experience one has at Furnace Creek. 1,000 feet (Federal Aviation designation of the Chicken Strip does Furnace Creek is a highly developed Administration 2001 and 2012) which is not preclude other recreational activities area that sees over 1.7 million visitors quieter than the sound of a garbage from occurring at the site, nor does it per year, while the Saline Valley Warm disposal but at a level that could hinder access by other means of Springs Area is extremely remote and interrupt speech (Purdue University transportation (foot, vehicle, primitive, offering more opportunities 2000). Although the NPS acknowledges motorcycle, etc.). Both routine road for solitude and more primitive forms of that reactions to sound are different for maintenance by Inyo County and recreation. every visitor, sound from recreational airstrip maintenance by the RAF in 5. Comment: One commenter raised aircraft using the Chicken Strip will be accordance with an existing MOU have concerns that the rule will necessitate infrequent and short in duration. For the potential to displace soils and the provision of related concessions, this reason, the continued use of the impact vegetation conditions; however, such as fuel, water, and food amenities, airstrip is not expected to degrade the the impacts at the Saline Valley Warm that will further disrupt the solitude of quietude more than the use of vehicles Springs Area are largely driven by the area. to access the Saline Valley Warm visitors participating in recreational NPS Response: At this time, the NPS Springs Area. Additionally, some activities after they have arrived at the is not considering additional visitors feel that the frequent military springs. concessions or amenities, and any overflights, which are much louder, 4. Comment: Some commenters future provision of commercial services have a larger impact on the surrounding questioned whether the NPS or the would require additional public area than the sounds from small private Federal Aviation Administration (FAA) outreach and environmental analysis. planes. have conducted safety assessments of The limited services currently available 2. Comment: A number of the Chicken Strip and dispute the need for vehicles at the Saline Valley Warm commenters objected to the designation for a ‘‘challenge’’ airstrip inside the park Springs Area are provided free of charge of the airstrip because although it when other nearby airstrips—for by a volunteer and will be phased out improves accessibility for one example the airstrip at Furnace Creek— with the implementation of the FEIS. recreational activity, it does not can accommodate aircraft. 6. Comment: Several commenters maximize the visitor experience for the NPS Response: The FAA is not supported decommissioning the broader visiting public and favors a required to and has not conducted a Chicken Strip and restoring the site to small group of stakeholders over other safety assessment of the Chicken Strip. natural conditions to ensure the Area is recreationists. 49 U.S.C. 44708. The airstrip is serviced managed in a manner that is consistent NPS Response: The NPS recognizes by the NPS through the MOU with the with conservation and backcountry that visitors use the Saline Valley Warm RAF. This MOU addresses maintenance qualities and experiences. Springs Area for a variety of recreational such as leveling and packing the NPS Response: The Saline Valley experiences. Designation of the Chicken surface, removing rocks and debris, and Warm Springs Area is managed as a Strip ensures that the Saline Valley maintaining runway markers. The RAF backcountry campground for Warm Springs Area is open and assists the NPS in many ways to backcountry qualities and experiences. accessible for recreational pursuits by improve safety, including replacing The Chicken Strip is considered a all visitors. The airstrip will allow wind socks and arranging work days, backcountry feature and is maintained accessibility for recreational flyers and often with the help of park personnel, in a way that is in keeping with visitors that cannot access the site by to make repairs. The NPS has recurring backcountry experiences. It offers no vehicle. Use of the airstrip will not needs for maintenance at the Chicken commercial services. Visitors to Death prohibit nor impede access to the Area Strip due to rainstorms. When a storm Valley National Park will continue to for other recreational uses including event is severe enough, the NPS will enjoy a wide range of backcountry soaking, sightseeing, camping, hiking, temporarily close the airstrip until activities in the Saline Valley Warm backpacking, and biking. Some visitors repair work can be completed. Springs Area. For some visitors, being have said they enjoy watching the Although the NPS is not designating able to access the Chicken Strip via aircraft land at the Chicken Strip. the Chicken Strip for the challenge it aircraft is a valued and important 3. Comment: One commenter provides to recreational flyers, the NPS backcountry experience. The NPS suggested that rather than designate the acknowledges that the Chicken Strip evaluated the environmental impacts of Chicken Strip as available to aircraft, the presents a challenge. The intent is to five alternatives in the FEIS, including NPS should better manage the existing maintain air access for a variety of a restoration alternative, and explained dirt road and emphasize other experiences for pilots of small aircraft. the reasons for selecting the preferred recreational activities to provide for Users have been accessing the Saline alternative in the ROD. The FEIS and

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ROD can be found online at http:// NPS Response: The NPS does not Reducing Regulation and Controlling parkplanning.nps.gov/ believe that designating the Chicken Regulatory Costs (Executive Order SalineValleyWarmSprings, by clicking Strip will be precedent setting, nor is it 13771) on the link entitled ‘‘Document List.’’ incompatible with the values of the Enabling regulations are considered 7. Comment: Numerous commenters NPS. Backcountry airstrips have a long deregulatory under guidance questioned whether the NPS consulted history on public lands, including on implementing E.O. 13771 (M–17–21). with impacted tribes and were lands managed by multiple units of the This rule designates an airstrip for the concerned that official designation of NPS, and are not considered recreational use and enjoyment of the the Chicken Strip is contrary to the incompatible with the values of Death public that would otherwise be interests of the Timbisha Shoshone Valley National Park. Backcountry prohibited. Tribe. airstrips allow visitors to access remote NPS Response: The NPS sought Administrative Procedure Act areas to enjoy recreational activities. comment from the Timbisha Shoshone The Chicken Strip is one of three The NPS recognizes that rules Tribe, the Big Pine Band of Owens airstrips currently used within Death ordinarily do not become effective until Valley, the Bishop Paiute Tribe, the Fort Valley National Park. Both Death Valley at least 30 days after their publication in Independence Community of Paiute, the the Federal Register. The NPS has Kern River Paiute Council, and the Lone Airport and Stovepipe Wells Airport have special regulations allowing for determined, however, that this rule Pine Paiute Shoshone Reservation shall be effective upon immediately during the scoping phase, alternatives their use. The Chicken Strip has been in continuous use for decades, pre-dating upon publication. The NPS provided a development phase, and DEIS phase of 60-day public comment period for the the project. The tribes, other than the management of the Area by the NPS. This rule will formalize its continued proposed rule (83 FR 47587). The NPS Timbisha Shoshone Tribe, declined to has determined that any further delay in operation as a backcountry airstrip. provide formal comment. The NPS implementing this rule would not be in Additionally, 36 CFR 2.17 prohibits the formally invited the Timbisha Shoshone the public interest. The Chicken Strip operation or use of aircraft on lands or Tribe to participate as a cooperating has been in continuous use for decades, agency on the Saline Valley Warm waters other than at locations pre-dating the management of the Area Springs Management Plan and designated pursuant to special by the NPS. This rule will formalize its Environmental Impact Statement (Plan/ regulations. In order for other NPS units continued operation as a backcountry EIS) process. The Tribe accepted the to allow this activity, notice and airstrip and therefore does not impact offer, and since 2012, has had the comment rulemaking, and compliance the public in terms of requiring lead opportunity to participate on issues and with other laws, Executive Orders, and time for compliance. For this reason, the alternatives development, including Departmental policy, is required. NPS finds good cause under 5 U.S.C. alternatives that would designate the Compliance With Other Laws, 553(d)(3) to make this rule effective Chicken Strip, internal document immediately upon publication. review, and review and response to Executive Orders and Department public comments. Consultation under Policy Regulatory Flexibility Act the National Environmental Policy Act Regulatory Planning and Review This rule will not have a significant and Section 106 of the National Historic (Executive Orders 12866 and 13563) economic effect on a substantial number Preservation Act was completed through of small entities under the Regulatory the Plan/EIS process. Additionally, the Executive Order 12866 provides that Flexibility Act (5 U.S.C. 601 et seq.). NPS commissioned an assessment of the the Office of Information and Regulatory This certification is based on eligibility of the Saline Valley Warm Affairs in the Office of Management and information in the report entitled ‘‘Cost- Springs Area as an ethnographic site Budget will review all significant rules. Benefit and Regulatory Flexibility eligible for listing on the National The Office of Information and Threshold Analyses: Special Register of Historic Places. This Regulatory Affairs has determined that Regulations for Designation of Airstrip determination of eligibility (DOE) this rule is not significant. at Death Valley National Park’’ which is considered the potential significance of Executive Order 13563 reaffirms the available online at http:// the site from the perspective of the parkplanning.nps.gov/ Tribe. The NPS found that historic principles of Executive Order 12866 while calling for improvements in the SalineValleyWarmSprings by clicking properties in the Area will not be on the link entitled ‘‘Document List.’’ adversely affected by the nation’s regulatory system to promote implementation of the selected predictability, to reduce uncertainty, Small Business Regulatory Enforcement alternative, which includes the and to use the best, most innovative, Fairness Act designation of the Chicken Strip. The and least burdensome tools for This rule is not a major rule under 5 NPS evaluated this rule separately achieving regulatory ends. The U.S.C. 804(2), the Small Business under Executive Order 13175 and, executive order directs agencies to Regulatory Enforcement Fairness Act. utilizing the Department of Interior’s consider regulatory approaches that This rule: tribal consultation policy, determined reduce burdens and maintain flexibility (a) Does not have an annual effect on that additional tribal consultation is not and freedom of choice for the public the economy of $100 million or more. required because the rule will not have where these approaches are relevant, (b) Will not cause a major increase in a substantial direct effect on federally feasible, and consistent with regulatory costs or prices for consumers, recognized tribes. objectives. Executive Order 13563 individual industries, Federal, State, or 8. Comment: One commenter stated emphasizes further that regulations local government agencies, or that the rule sets a poor precedent and must be based on the best available geographic regions. expressed worry that other units of the science and that the rulemaking process (c) Does not have significant adverse National Park System will similarly must allow for public participation and effects on competition, employment, begin to allow activities that are an open exchange of ideas. The NPS has investment, productivity, innovation, or incompatible with the values of the developed this rule in a manner the ability of U.S. based enterprises to NPS. consistent with these requirements. compete with foreign-based enterprises.

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Unfunded Mandates Reform Act (2 Shoshone Tribe under the National In consideration of the foregoing, the U.S.C. 1531 et seq.) Environmental Policy Act and the National Park Service amends 36 CFR This rule does not impose an National Historic Preservation Act was part 7 as set forth below: completed. The NPS invited the Tribe to unfunded mandate on State, local, or PART 7—SPECIAL REGULATIONS, tribal governments or the private sector become a cooperating agency on the AREAS OF THE NATIONAL PARK of more than $100 million per year. The DEIS on April 3, 2012. The NPS has SYSTEM rule does not have a significant or since conducted formal consultation with the Tribe and invited their unique effect on State, local or tribal ■ participation on issues and alternatives 1. The authority citation for part 7 governments or the private sector. It continues to read as follows: addresses public use of national park development and internal document lands, and imposes no requirements on review. In addition to formal Authority: 54 U.S.C. 100101, 100751, other agencies or governments. A consultation, the NPS commissioned an 320102; Sec. 7.96 also issued under D.C. Code 10–137 and D.C. Code 50–2201.07. statement containing the information assessment of the eligibility of the required by the Unfunded Mandates Saline Valley Warm Springs Area as an ■ 2. Amend § 7.26: Reform Act is not required. ethnographic site eligible for listing on ■ a. By revising the section heading; the National Register of Historic Places ■ b. In paragraphs (a) through (d), Takings (Executive Order 12630) under Criterion A. This assessment was wherever it occurs, by removing the This rule does not effect a taking of submitted to the State Historic word ‘‘Monument’’ and adding in its private property or otherwise have Preservation Office in early 2018. The place the word ‘‘Park’’; and takings implications under Executive NPS found that historic properties in ■ c. By adding paragraph (e)(3). Order 12630. A takings implication the Area will not be adversely affected The revision and addition to read as assessment is not required. by the implementation of the selected follows: alternative, which includes the Federalism (Executive Order 13132) § 7.26 Death Valley National Park. designation of the Chicken Strip. Under the criteria in section 1 of * * * * * Executive Order 13132, the rule does Paperwork Reduction Act (e) * * * not have sufficient federalism (3) Saline Valley Warm Springs This rule does not contain implications to warrant the preparation Airfield, latitude N 36°48.41′, longitude information collection requirements, of a federalism summary impact W 117°46.90′. and a submission to the Office of statement. This rule only affects use of Management and Budget under the Rob Wallace, federally-administered lands and Paperwork Reduction Act is not waters. It has no outside effects on other Assistant Secretary for Fish and Wildlife and required. The NPS may not conduct or Parks. areas. A federalism summary impact sponsor and the public is not required statement is not required. [FR Doc. 2019–17714 Filed 8–16–19; 8:45 am] to respond to a collection of information BILLING CODE 4310–EJ–P Civil Justice Reform (Executive Order unless it displays a currently valid OMB 12988) control number. This rule complies with the National Environmental Policy Act of ENVIRONMENTAL PROTECTION requirements of Executive Order 12988. 1969 (NEPA) AGENCY This rule: (a) Meets the criteria of section 3(a) This rule is part of a larger planning 40 CFR Part 52 requiring that all regulations be process for Saline Valley Warm Springs [EPA–R06–OAR–2015–0850; FRL–9997–80– reviewed to eliminate errors and that constitutes a major Federal action Region 6] ambiguity and be written to minimize significantly affecting the quality of the litigation; and human environment. NPS has prepared Air Plan Approval; New Mexico; (b) Meets the criteria of section 3(b)(2) the FEIS and ROD under the NEPA. The Approval of Revised Statutes; Error requiring that all regulations be written FEIS and ROD can be found online at Correction in clear language and contain clear legal http://parkplanning.nps.gov/ standards. SalineValleyWarmSprings, by clicking AGENCY: Environmental Protection on the link entitled ‘‘Document List.’’ Agency (EPA). Consultation With Indian Tribes ACTION: Direct final rule. (Executive Order 13175 and Department Effects on the Energy Supply (Executive Policy) Order 13211) SUMMARY: Pursuant to the Federal Clean The Department of the Interior strives Air Act (CAA or the Act), the This rule is not a significant energy to strengthen its government-to- Environmental Protection Agency (EPA) action under the definition in Executive government relationship with Indian is approving revisions to New Mexico’s Order 13211. A Statement of Energy Tribes through a commitment to State Implementation Plan (SIP) that Effects in not required. consultation with Indian Tribes and incorporate updates to the New Mexico recognition of their right to self- References Cited statutes. EPA is also correcting its governance and tribal sovereignty. The previous approval of some statute NPS has evaluated this rule under the A complete list of all references cited provisions to provide clarification of the criteria in Executive Order 13175 and in this proposed rule is available at approval action taken. under the Department’s tribal http://www.regulations.gov at Docket DATES: This rule is effective on consultation policy and has determined No. NPS–2018–0008. November 18, 2019 without further that tribal consultation is not required List of Subjects in 36 CFR Part 7 notice, unless the EPA receives relevant because the rule will not have a adverse comment by September 18, substantial direct effect on federally District of Columbia, National parks, 2019. If the EPA receives such recognized Indian tribes, although Reporting and Recordkeeping comment, the EPA will publish a timely consultation with the Timbisha requirements. withdrawal in the Federal Register

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informing the public that this rule will Annotated 1978 (NMSA) Chapter 74, EPA’s March 22, 2018 action, and the not take effect. Article 2 contained in the State’s August remainder of NMSA section 74–2–4 was ADDRESSES: Submit your comments, 6, 2015 submittal to provide a removed from the SIP at that time. EHD identified by Docket No. EPA–R06– demonstration of how the existing New further noted that NMSA section 74–2– OAR–2015–0850, at https:// Mexico SIP met the applicable section 4 must be SIP-approved in full to satisfy www.regulations.gov or via email to 110(a)(2) requirements for the revised CAA section 110(a)(2) requirements [email protected]. Follow the online primary annual fine particulate matter because it authorizes creation of a local instructions for submitting comments. (PM2.5) National Ambient Air Quality authority to assume control over air Once submitted, comments cannot be Standard (NAAQS) promulgated on quality in a local jurisdiction edited or removed from Regulations.gov. December 14, 2012 (78 FR 3085, January (Albuquerque-Bernalillo County), using The EPA may publish any comment 15, 2013). We also made an error a local board, local agency, and an received to its public docket. Do not correction to remove from the New agency director to perform duties which submit electronically any information Mexico SIP certain statutes under would otherwise be performed by the you consider to be Confidential NMSA 1978 Chapter 74, Article 2 NMED Secretary in the remainder of the Business Information (CBI) or other originally approved in our November 2, state. This section specifically grants information whose disclosure is 1984 rulemaking (49 FR 44099). EHD authority to fulfill CAA restricted by statute. Multimedia The February 27, 2019 rule and responsibilities for Bernalillo County. submissions (audio, video, etc.) must be proposal stated that if any relevant We note that this interpretation of the accompanied by a written comment. adverse comments were received by the language under 40 CFR 52.1620(e) does The written comment is considered the end of the public comment period on not accurately represent the action taken official comment and should include March 29, 2019, the direct final rule in EPA’s March 22, 2018 rulemaking. discussion of all points you wish to would be withdrawn, and we would The remainder of NMSA section 74–2– make. The EPA will generally not respond to the comments in a 4 was not removed from the SIP in this consider comments or comment subsequent final action. Relevant action; rather, the language was contents located outside of the primary adverse comments were received from included under 40 CFR 52.1620(e) to submission (i.e. on the web, cloud, or the City of Albuquerque Environmental indicate our reasoning for approving other file sharing system). For Health Department (EHD) and the New updates to the entirety of NMSA section additional submission methods, please Mexico Environmental Department 74–2–4 into the SIP at the time of the contact Jeff Riley, (214) 665–8542, (NMED) during the comment period on rulemaking. EPA acknowledges that this [email protected]. For the full EPA NMSA sections 74–2–6, 74–2–12 and language is unclear as to the SIP public comment policy, information 74–2–13; therefore, that portion of the approval status of NMSA section 74–2– about CBI or multimedia submissions, direct final rule was partially 4, and we are revising the language and general guidance on making withdrawn on May 16, 2019 (84 FR under 40 CFR 52.1620(e) to provide effective comments, please visit https:// 22049). In the final rules section of this clarification. issue of the Federal Register, EPA is www.epa.gov/dockets/commenting-epa- B. NMSA Section 74–2–5.1 dockets. taking a separate final action to address Docket: The index to the docket for comments received relating to NMSA As noted above, EPA did not act on this action is available electronically at sections 74–2–6, 74–2–12 and 74–2–13. NMSA section 74–2–5.1 (Duties and www.regulations.gov and in hard copy EPA also received comments relating powers of the department and the local at EPA Region 6, 1201 Elm Street, Suite to NMSA sections 74–2–4 and 74–2–5.1, agency) in our February 27, 2019 direct 500, Dallas, Texas 75270. While all both of which EPA did not act upon in final rulemaking. Additionally, this documents in the docket are listed in our February 27, 2019 direct final rule. section has not been previously the index, some information may be Although these comments were outside approved into the SIP. Comments publicly available only at the hard copy the scope of that rulemaking, the submitted by EHD and NMED state that location (e.g., copyrighted material), and comments raised valid considerations NMSA section 74–2–5.1 must be SIP- some may not be publicly available at that should be addressed through this approved to satisfy CAA section either location (e.g., CBI). direct final rule and the companion 110(a)(2) requirements because it describes the powers of EHD and NMED FOR FURTHER INFORMATION CONTACT: Jeff proposal published in this issue of the to manage air quality and to implement Riley, EPA Region 6 Office, Federal Register. and enforce air quality requirements, Infrastructure and Ozone Section, 1201 II. The EPA’s Evaluation such as the powers to: Elm Street, Suite 500, Dallas, TX 75270, • Conduct investigations & studies, (214) 665–8542, [email protected]. A. NMSA Section 74–2–4 entering properties; To inspect the hard copy materials, In a previous action to address parts • Institute legal proceedings to please schedule an appointment with of the State’s August 6, 2015 submittal compel compliance; Jeff Riley or Mr. Bill Deese at (214) 665– (83 FR 12493, March 22, 2018), EPA • Encourage voluntary cooperation; 7253. approved updates to NMSA section 74– • Consult on efficacy of contaminant SUPPLEMENTARY INFORMATION: 2–4 (Local authority), and revised the sources, devices or controls; Throughout this document ‘‘we,’’ ‘‘us,’’ table titled ‘‘EPA Approved New • Establish small business assistance and ‘‘our’’ means the EPA. Mexico Statutes’’ under 40 CFR program (CAA section 507); 52.1620(e) with the following comment: • Accept & administer grants (CAA I. Background ‘‘Approved for State Board Composition section 105); and The background for this action is and Conflict of Interest Provisions’’. In • Classify & record air contaminant discussed in detail in our February 27, a comment on EPA’s February 27, 2019 sources (emission inventories). 2019 direct final rule and proposal (84 rulemaking, EHD interpreted this Further, NMSA section 74–2–5.1 FR 6334, 84 FR 6353). In that direct language to mean that only the aspects authorizes EHD to develop and propose final rule, we approved revisions to the of this section pertaining to state board control strategies to its Air Board. New Mexico SIP that pertain to updated composition and conflict of interest The comments submitted by EHD and statutes under New Mexico Statutes provisions were approved as part of NMED have provided clarification that

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this language confers to both agencies a imposed by state law. For that reason, copy of the rule, to each House of the broad range of necessary state authority this action: Congress and to the Comptroller General to enforce the NAAQS that is not • Is not a ‘‘significant regulatory of the United States. The EPA will provided elsewhere in SIP-approved action’’ subject to review by the Office submit a report containing this rule and regulations and statutes. We agree that of Management and Budget under other required information to the U.S. NMSA section 74–2–5.1 details the Executive Orders 12866 (58 FR 51735, Senate, the U.S. House of authority of EHD and NMED for October 4, 1993) and 13563 (76 FR 3821, Representatives, and the Comptroller enforcement of the state Air Quality January 21, 2011); General of the United States prior to Control Act (NMSA 1978 Chapter 74, • Is not an Executive Order 13771 (82 publication of the rule in the Federal Article 2). EPA will approve NMSA FR 9339, February 2, 2017) regulatory Register. A major rule cannot take effect section 74–2–5.1 into the SIP to satisfy action because SIP approvals are until 60 days after it is published in the CAA section 110(a)(2) requirements. exempted under Executive Order 12866; Federal Register. This action is not a • Does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. III. Final Action collection burden under the provisions 804(2). We are approving revisions to the of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, New Mexico SIP that pertain to updated U.S.C. 3501 et seq.); petitions for judicial review of this • statutes under NMSA 1978 Chapter 74, Is certified as not having a action must be filed in the United States Article 2 contained in the State’s August significant economic impact on a Court of Appeals for the appropriate 6, 2015 submittal. We are also clarifying substantial number of small entities circuit by October 18, 2019. Filing a an action taken in our March 22, 2018 under the Regulatory Flexibility Act (5 petition for reconsideration by the rulemaking. U.S.C. 601 et seq.); Administrator of this final rule does not • Does not contain any unfunded The EPA is publishing this rule affect the finality of this rule for the mandate or significantly or uniquely without prior proposal because we view purposes of judicial review nor does it affect small governments, as described this as a non-controversial amendment extend the time within which a petition in the Unfunded Mandates Reform Act and anticipate no adverse comments. for judicial review may be filed, and of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of However, in the proposed rules section • Does not have federalism of this Federal Register publication, we such rule or action. This action may not implications as specified in Executive be challenged later in proceedings to are publishing a separate document that Order 13132 (64 FR 43255, August 10, will serve as the proposal to approve the enforce its requirements. (See section 1999); 307(b)(2).) SIP revision if relevant adverse • Is not an economically significant comments are received. This rule will regulatory action based on health or List of Subjects in 40 CFR Part 52 be effective on November 18, 2019 safety risks subject to Executive Order Environmental protection, Air without further notice unless we receive 13045 (62 FR 19885, April 23, 1997); relevant adverse comment by September • pollution control, Incorporation by Is not a significant regulatory action reference, Nitrogen dioxide, Ozone, 18, 2019. If we receive relevant adverse subject to Executive Order 13211 (66 FR comments, we will publish a timely Particulate matter, Reporting and 28355, May 22, 2001); recordkeeping requirements, Sulfur withdrawal in the Federal Register • Is not subject to requirements of oxides, Volatile organic compounds. informing the public that the rule will section 12(d) of the National not take effect. We will address all Technology Transfer and Advancement Dated: August 13, 2019. public comments in a subsequent final Act of 1995 (15 U.S.C. 272 note) because Kenley McQueen, rule based on the proposed rule. We application of those requirements would Regional Administrator, Region 6. will not institute a second comment be inconsistent with the CAA; and 40 CFR part 52 is amended as follows: period on this action. Any parties • Does not provide EPA with the interested in commenting must do so discretionary authority to address, as PART 52—APPROVAL AND now. Please note that if we receive appropriate, disproportionate human PROMULGATION OF relevant adverse comment on an health or environmental effects, using IMPLEMENTATION PLANS amendment, paragraph, or section of practicable and legally permissible this rule and if that provision may be methods, under Executive Order 12898 ■ 1. The authority citation for part 52 severed from the remainder of the rule, (59 FR 7629, February 16, 1994). continues to read as follows: we may adopt as final those provisions In addition, the SIP is not approved Authority: 42 U.S.C. 7401 et seq. of the rule that are not the subject of an to apply on any Indian reservation land adverse comment. or in any other area where EPA or an Subpart GG—New Mexico IV. Statutory and Executive Order Indian tribe has demonstrated that a Reviews tribe has jurisdiction. In those areas of ■ 2. In § 52.1620(e), the table titled Indian country, the rule does not have ‘‘EPA-Approved New Mexico Statutes’’ Under the CAA, the Administrator is tribal implications and will not impose under ‘‘Chapter 74—Environmental required to approve a SIP submission substantial direct costs on tribal Improvement’’ is amended by: that complies with the provisions of the governments or preempt tribal law as ■ a. Revising the entry for Section 74– Act and applicable Federal regulations. specified by Executive Order 13175 (65 2–4; and 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). ■ b. Adding an entry for Section 74–2– Thus, in reviewing SIP submissions, the The Congressional Review Act, 5 5.1 in numerical order. EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small The revision and addition read as provided they meet the criteria of the Business Regulatory Enforcement follows: CAA. Accordingly, this action merely Fairness Act of 1996, generally provides approves state law as meeting Federal that before a rule may take effect, the § 52.1620 Identification of plan. requirements and does not impose agency promulgating the rule must * * * * * additional requirements beyond those submit a rule report, which includes a (e) * * *

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EPA-APPROVED NEW MEXICO STATUTES

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

New Mexico Statutes

*******

Chapter 74—Environmental Improvement

******* 74–2–4 ...... Local Authority ...... 8/6/2015 3/22/2018, 83 FR 12493 Statute first approved 11/2/1984. Update approved 6/1/1999 addressed State Board Composition and Conflict of Interest Provisions.

******* 74–2–5.1 ...... Duties and powers of the 8/6/2015 8/19/2019, [Insert Fed- department and the eral Register citation]. local agency.

*******

* * * * * available only in hard copy form. the comment period, and the direct final [FR Doc. 2019–17745 Filed 8–16–19; 8:45 am] Publicly available docket materials are rule was partially withdrawn on May BILLING CODE 6560–50–P available either electronically through 16, 2019 (84 FR 22049). This partial https://www.regulations.gov or in hard withdrawal only concerned statutes copy at the EPA Region 6 Office, 1201 being removed from the SIP (NMSA ENVIRONMENTAL PROTECTION Elm Street, Suite 500, Dallas, Texas sections 74–2–6, 74–2–12 and 74–2–13) AGENCY 75270. through our direct final rule that were the subject of relevant adverse 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: Jeff Riley, EPA Region 6 Office, comments. Our February 27, 2019 [EPA–R06–OAR–2015–0850; FRL–9998–05– Infrastructure and Ozone Section, 1201 proposal provides the basis for this final action. Region 6] Elm Street, Suite 500, Dallas, TX 75270, We received comments on our 214–665–8542, [email protected]. Air Plan Approval; New Mexico; proposal from two commenters, the City Approval of Revised Statutes; Error To inspect the hard copy materials, of Albuquerque Environmental Health Correction please schedule an appointment with Department (EHD) and the New Mexico Jeff Riley or Mr. Bill Deese at 214–665– Environmental Department (NMED). AGENCY: Environmental Protection 7253. Our responses to the comments are Agency (EPA). SUPPLEMENTARY INFORMATION: below. ACTION: Final rule. Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. II. Response to Comments SUMMARY: Pursuant to the Federal Clean Comment 1: EHD states that NMSA Air Act (CAA or the Act), the I. Background section 74–2–4 (Local authority) must Environmental Protection Agency (EPA) The background for this action is be SIP-approved in full to satisfy CAA is approving revisions to New Mexico’s discussed in detail in our February 27, section 110(a)(2) requirements because State Implementation Plan (SIP) that 2019 direct final rule and proposal (84 it authorizes creation of a local authority incorporate updates to the New Mexico FR 6334, 84 FR 6353). In the direct final to assume control over air quality in a statutes. EPA is also correcting its rule, we approved revisions to the New local jurisdiction (Albuquerque- previous approval of some statute Mexico SIP that pertain to updated Bernalillo County), using a local board, provisions as approval of these statutes under New Mexico Statutes local agency, and an agency director to provisions into the SIP was in error. Annotated 1978 (NMSA) Chapter 74— perform duties which would otherwise DATES: This final rule is effective on Article 2 contained in the State’s August be performed by the NMED Secretary in September 18, 2019. 6, 2015 submittal. We also made an the remainder of the state. This section ADDRESSES: The EPA has established a error correction to remove from the New specifically grants EHD authority to docket for this action under Docket ID Mexico SIP certain statutes under fulfill CAA responsibilities for No. EPA–R06–OAR–2015–0850. All NMSA 1978 Chapter 74, Article 2 Bernalillo County. documents in the docket are listed on originally approved in our November 2, Response 1: EPA did not address the https://www.regulations.gov 1984 rulemaking (49 FR 44099). NMSA section 74–2–4 in our February website. Although listed in the index, The rule and proposal stated that if 27, 2019 direct final rulemaking. Thus, some information is not publicly any relevant adverse comments were this comment is outside the scope of available, e.g., Confidential Business received by the end of the public this rulemaking. However, EPA is Information or other information whose comment period on March 29, 2019, the addressing this comment in a separate disclosure is restricted by statute. direct final rule would be withdrawn, direct final rulemaking with the Certain other material, such as and we would respond to the comments opportunity for public comment copyrighted material, is not placed on in a subsequent final action. Relevant published elsewhere in this issue of the the internet and will be publicly adverse comments were received during Federal Register.

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Comment 2: EHD and NMED state NMSA section 74–2–6 into the SIP to provides more specific authority for that NMSA section 74–2–5.1 (Duties address this comment. investigations than the general authority and powers of the department and the Comment 4: EHD and NMED argue granted under NMSA section 74–2–5.1. local agency) must be SIP-approved to that NMSA section 74–2–12 Response 5: EPA’s February 27, 2019 satisfy CAA section 110(a)(2) (Enforcement) should not be removed action proposed to remove NMSA requirements because it describes the from the SIP because it confers general section 74–2–13 from the SIP because powers of EHD and NMED to manage air authority to EHD and NMED to manage we viewed the language as being quality and to implement and enforce an effective air quality enforcement duplicative of NMSA section 74–2–5.1, air quality requirements, such as the program. Further, both argue that NMSA which we read to confer similar powers to: section 74–2–4(D) does not convey authority to EHD and NMED to enter • Conduct investigations & studies, general enforcement authority to either any premises the agency has reasonable entering properties; agency. cause to believe is or will become a • Institute legal proceedings to Response 4: EPA’s February 27, 2019 source contributing to air pollution, as compel compliance; action proposed to remove NMSA well as authority to require the • Encourage voluntary cooperation; section 74–2–12 from the SIP because production of information relating to • Consult on efficacy of contaminant we viewed the language as being emissions that cause or contribute to air sources, devices or controls; duplicative of SIP-approved NMSA pollution. We note that NMSA section • Establish small business assistance section 74–2–4(D), which we read to 74–2–5.1 was erroneously cited as being program (CAA section 507); provide for administration and SIP-approved in our February 27, 2019 enforcement of the Air Quality Control • Accept & administer grants (CAA action. The comments submitted by Act. The comments submitted by EHD section 105); and EHD and NMED have provided and NMED have provided clarification • Classify & record air contaminant clarification that NMSA section 74–2– that this language does not confer sources (emission inventories). 5.1 does grant the authority to make general enforcement authority to either Further, NMSA section 74–2–5.1 investigations in order to determine agency; rather, NMSA section 74–2–4(D) whether a source should be regulated authorizes EHD to develop and propose only authorizes NMED to assert under the AQCA and to conduct control strategies to its Air Board. jurisdiction in Bernalillo County if the enforcement proceedings to compel Response 2: EPA did not address Air Board, EHD or the EHD Director fail compliance, but NMSA section 74–2–13 NMSA section 74–2–5.1 in our February to adequately protect air quality. specifically grants these agencies the 27, 2019 direct final rulemaking. This Therefore, we agree with the right to entry to the premises on which comment is outside the scope of this commenters that NMSA section 74–2– a regulated emission source is located rulemaking. However, EPA is 12 is essential for demonstrating addressing this comment in a separate adequate state legal authority for for the purposes of reviewing records, direct final rulemaking with the enforcement actions, as required by inspection of monitoring equipment, or opportunity for public comment CAA section 110(a)(2)(C). However, we to conduct sampling. Further, NMSA published elsewhere in this issue of the note that this authority is conferred to section 74–2–13 grants these agencies Federal Register. each agency by NMSA section 74–2– authority to obtain a search warrant to Comment 3: EHD and NMED 12(A)(1) & (2), with the remaining conduct an inspection which has been commented that NMSA section 74–2–6 paragraphs providing details specific to refused. Therefore, we agree with the (Adoption of regulations; notice and each agency’s implementation of the commenters that NMSA section 74–2– hearings) should not be removed from authority granted. The remaining 13 is essential for demonstrating the SIP because it establishes the paragraphs contain elements adequate state legal authority to conduct required legal procedures for adopting appropriate for state and local agencies inspections, as required by CAA section regulations. Both state that if this to adopt and implement, but inclusion 110(a)(2)(C). EPA concludes that this section is not included in the SIP, the of these agency-specific details into the extent of authority is not provided NMED Environmental Improvement federally-enforceable SIP is not a elsewhere in SIP-approved regulations Board and the City of Albuquerque Air requirement under CAA section and statutes, and we are approving the Board do not have the required 110(a)(2)(C) and may result in confusion August 6, 2015 updates to NMSA procedural elements under the CAA for regarding applicable provisions for section 74–2–13 into the SIP to address adopting regulations for a SIP. federal enforcement actions. this comment. Response 3: EPA’s February 27, 2019 EPA concludes that this authority is We note that our February 27, 2019 action proposed to remove NMSA not provided elsewhere in SIP-approved action removed NMSA sections 74–2– section 74–2–6 from the SIP because the regulations and statutes, and we are 14, 74–2–15, 74–2–15.1, and 74–2–16 language was viewed as administrative approving the August 6, 2015 updates to from the New Mexico SIP; however, this in nature, and therefore need not be NMSA section 74–2–12(A)(1) & (2) into removal was not finalized due to made federally enforceable by the SIP to address this comment and inclusion of these sections in a portion incorporating this section into the SIP. remove the remainder of NMSA section of that rulemaking’s amendatory The comments submitted by EHD and 74–2–12 from the SIP. language that also included NMSA NMED have provided clarification that Comment 5: EHD and NMED assert sections 74–2–12 and 74–2–13, which this language outlines an established that NMSA section 74–2–13 (Inspection) were impacted by the relevant adverse process that must occur prior to should not be removed from the SIP comments received. EPA’s May 16, 2019 adoption and submission of regulations because it authorizes ‘‘right of entry’’ on partial withdrawal required our to revise the SIP. We agree with the any premises on which an emission withdrawal of the entire portion of commenters that NMSA section 74–2–6 source is located or where required amendatory language. Our February 27, details necessary procedural elements records are stored. It also authorizes the 2019 removal of NMSA sections 74–2– for adopting regulations that are not copying of records, sampling of 14, 74–2–15, 74–2–15.1, and 74–2–16 provided elsewhere in SIP-approved emissions, and the inspection of from the New Mexico SIP did not regulations and statutes. EPA is monitoring equipment and methods. receive relevant adverse comments; approving the August 6, 2015 updates to Further, both state that this section therefore, EPA is finalizing removal of

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these sections through this final the Unfunded Mandates Reform Act of This action is not a ‘‘major rule’’ as rulemaking. 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). • Under section 307(b)(1) of the Clean III. Final Action Does not have federalism implications as specified in Executive Air Act, petitions for judicial review of We are approving revisions to the Order 13132 (64 FR 43255, August 10, this action must be filed in the United New Mexico SIP that pertain to updated 1999); States Court of Appeals for the statutes under NMSA 1978 Chapter 74, • Is not an economically significant appropriate circuit by October 18, 2019. Article 2 sections 74–2–6, 74–2–12, and regulatory action based on health or Filing a petition for reconsideration by 74–2–13 contained in the State’s August safety risks subject to Executive Order the Administrator of this final rule does 6, 2015 submittal. We are also making 13045 (62 FR 19885, April 23, 1997); not affect the finality of this action for an error correction to remove from the • Is not a significant regulatory action the purposes of judicial review nor does New Mexico SIP certain statutes under subject to Executive Order 13211 (66 FR it extend the time within which a NMSA 1978 Chapter 74, Article 2 28355, May 22, 2001); petition for judicial review may be filed, sections 74–2–14, 74–2–15, 74–2–15.1, • Is not subject to requirements of and shall not postpone the effectiveness and 74–2–16 originally approved in our section 12(d) of the National of such rule or action. This action may November 2, 1984 rulemaking. Technology Transfer and Advancement not be challenged later in proceedings to IV. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section Reviews application of those requirements would 307(b)(2).) be inconsistent with the CAA; and Under the Clean Air Act, the • List of Subjects in 40 CFR Part 52 Administrator is required to approve a Does not provide EPA with the discretionary authority to address, as Environmental protection, Air SIP submission that complies with the pollution control, Incorporation by provisions of the Act and applicable appropriate, disproportionate human health or environmental effects, using reference, Nitrogen dioxide, Ozone, Federal regulations. 42 U.S.C. 7410(k); Particulate matter, Reporting and 40 CFR 52.02(a). Thus, in reviewing SIP practicable and legally permissible methods, under Executive Order 12898 recordkeeping requirements, Sulfur submissions, the EPA’s role is to oxides, Volatile organic compounds. approve state choices, provided that (59 FR 7629, February 16, 1994). they meet the criteria of the Clean Air In addition, the SIP is not approved Dated: August 13, 2019. Act. Accordingly, this action merely to apply on any Indian reservation land Kenley McQueen, approves state law as meeting Federal or in any other area where EPA or an Regional Administrator, Region 6. Indian tribe has demonstrated that a requirements and does not impose 40 CFR part 52 is amended as follows: additional requirements beyond those tribe has jurisdiction. In those areas of Indian country, the rule does not have imposed by state law. For that reason, PART 52—APPROVAL AND tribal implications and will not impose this action: PROMULGATION OF substantial direct costs on tribal • Is not a ‘‘significant regulatory IMPLEMENTATION PLANS action’’ subject to review by the Office governments or preempt tribal law as of Management and Budget under specified by Executive Order 13175 (65 ■ 1. The authority citation for part 52 Executive Orders 12866 (58 FR 51735, FR 67249, November 9, 2000). continues to read as follows: The Congressional Review Act, 5 October 4, 1993) and 13563 (76 FR 3821, Authority: 42 U.S.C. 7401 et seq. January 21, 2011); U.S.C. 801 et seq., as added by the Small • Is not an Executive Order 13771 (82 Business Regulatory Enforcement Subpart GG—New Mexico FR 9339, February 2, 2017) regulatory Fairness Act of 1996, generally provides action because SIP approvals are that before a rule may take effect, the ■ 2. In § 52.1620(e), the table titled exempted under Executive Order 12866; agency promulgating the rule must ‘‘EPA-Approved New Mexico Statutes’’ • Does not impose an information submit a rule report, which includes a is amended under ‘‘Chapter 74- collection burden under the provisions copy of the rule, to each House of the Environmental Improvement’’ by: of the Paperwork Reduction Act (44 Congress and to the Comptroller General ■ a. Revising the entries for Sections 74– U.S.C. 3501 et seq.); of the United States. EPA will submit a 2–6, 74–2–12, and 74–2–13; and • Is certified as not having a report containing this action and other ■ b. Removing the entries for Sections significant economic impact on a required information to the U.S. Senate, 74–2–14, 74–2–15, 74–2–15.1, and 74– substantial number of small entities the U.S. House of Representatives, and 2–16. under the Regulatory Flexibility Act (5 the Comptroller General of the United The revisions read as follows: U.S.C. 601 et seq.); States prior to publication of the rule in • Does not contain any unfunded the Federal Register. A major rule § 52.1620 Identification of plan. mandate or significantly or uniquely cannot take effect until 60 days after it * * * * * affect small governments, described in is published in the Federal Register. (e) * * *

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EPA-APPROVED NEW MEXICO STATUTES

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

New Mexico Statutes

*******

Chapter 74—Environmental Improvement

******* 74–2–6 ...... Adoption of regulations; 8/6/2015 8/19/2019, [Insert Fed- notice and hearings. eral Register citation].

******* 74–2–12 ...... Enforcement; compliance 8/6/2015 8/19/2019, [Insert Fed- Only paragraphs (A)(1) & (2) are SIP-approved orders. eral Register citation]. (enforcement authority under CAA section 110(a)(2)(C)). 74–2–13 ...... Inspection ...... 8/6/2015 8/19/2019, [Insert Fed- eral Register citation].

*******

* * * * * copyrighted material, is not placed on 51; Title I Condition: 40 CFR pt. 52, [FR Doc. 2019–17746 Filed 8–16–19; 8:45 am] the internet and will be publicly subp. Y’’ in FHR’s revised joint Title I/ BILLING CODE 6560–50–P available only in hard copy form. Title V document, Permit No. Publicly available docket materials are 03700011–102 (joint document 102). On available either through May 16, 2019 (84 FR 22091), EPA ENVIRONMENTAL PROTECTION www.regulations.gov or at the proposed to approve MPCA’s October AGENCY Environmental Protection Agency, 23, 2018 submittal. Region 5, Air and Radiation Division, 77 MPCA’s submittal demonstrated that 40 CFR Part 52 West Jackson Boulevard, Chicago, joint document 102 contains amended Illinois 60604. This facility is open from [EPA–R05–OAR–2018–0731; FRL–9998–49– SIP conditions that implement changes Region 5] 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We to technology at the plant as well as Air Plan Approval; Minnesota; Flint recommend that you telephone Anthony revise SO2 emissions limits for existing Hills Sulfur Dioxide (SO2) Revision Maietta, Environmental Protection equipment. MPCA’s submittal Specialist, at (312) 353–8777 before demonstrated that the amended SIP AGENCY: Environmental Protection visiting the Region 5 office. revisions reduce allowable SIP-based Agency (EPA). FOR FURTHER INFORMATION CONTACT: SO2 emissions by 7.9 pounds per hour ACTION: Final rule. Anthony Maietta, Environmental or 119.8 tons per year. After review, EPA proposed to approve MPCA’s SUMMARY: The Environmental Protection Protection Specialist, Control Strategies request to revise Minnesota’s SO SIP Agency (EPA) is approving a revision to Section, Air Programs Branch (AR–18J), 2 for FHR, reflected in conditions labeled the Minnesota sulfur dioxide (SO ) State Environmental Protection Agency, 2 ‘‘Title I Condition: 40 CFR 50.4(SO Implementation Plan (SIP) for the Flint Region 5, 77 West Jackson Boulevard, 2 Hills Resources, LLC Pine Bend Chicago, Illinois 60604, (312) 353–8777, SIP); Title I Condition: 40 CFR 51; Title Refinery (FHR) as submitted on October [email protected]. I Condition: 40 CFR pt. 52, subp. Y’’ in 23, 2018. The SIP revision pertains to SUPPLEMENTARY INFORMATION: joint document 102. the shutdown and replacement of Throughout this document whenever II. What comments did we receive on certain equipment at the refinery as well ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the proposed action? as amendments to certain emission EPA. This supplementary information limits, resulting in an overall decrease section is arranged as follows: Our May 16, 2019 proposed rule of SO2 emissions from FHR. I. What is being addressed by this document? provided a 30-day review and comment DATES: This final rule is effective on II. What comments did we receive on the period. The comment period closed on September 18, 2019. proposed action? June 17, 2019. EPA received no III. What action is EPA taking? comments on the proposed action. ADDRESSES: EPA has established a IV. Incorporation by Reference docket for this action under Docket ID V. Statutory and Executive Order Reviews III. What action is EPA taking? No. EPA–R05–OAR–2018–0731. All documents in the docket are listed on I. What is being addressed by this EPA is approving a revision to the www.regulations.gov website. document? Minnesota’s SO2 SIP for FHR, as Although listed in the index, some On October 23, 2018, the Minnesota submitted by MPCA on October 23, information is not publicly available, Pollution Control Agency (MPCA) 2018, and reflected in conditions i.e., Confidential Business Information submitted a request for EPA to approve labeled ‘‘Title I Condition: 40 CFR 50.4 (CBI) or other information whose into the Minnesota SIP the conditions (SO2 SIP); Title I Condition: 40 CFR 51; disclosure is restricted by statute. cited as ‘‘Title I Condition: 40 CFR Title I Condition: 40 CFR pt. 52, subp. Certain other material, such as 50.4(SO2 SIP); Title I Condition: 40 CFR Y’’ in joint document 102.

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IV. Incorporation by Reference • Does not impose an information copy of the rule, to each House of the collection burden under the provisions Congress and to the Comptroller General In this rule, EPA is finalizing of the Paperwork Reduction Act (44 of the United States. EPA will submit a regulatory text that includes U.S.C. 3501 et seq.); report containing this action and other incorporation by reference. In • Is certified as not having a required information to the U.S. Senate, accordance with requirements of 1 CFR significant economic impact on a the U.S. House of Representatives, and 51.5, EPA is finalizing the incorporation substantial number of small entities the Comptroller General of the United by reference of the Minnesota under the Regulatory Flexibility Act (5 States prior to publication of the rule in Regulations described in the U.S.C. 601 et seq.); the Federal Register. A major rule amendments to 40 CFR part 52 set forth • Does not contain any unfunded cannot take effect until 60 days after it below. EPA has made, and will continue mandate or significantly or uniquely is published in the Federal Register. to make, these documents generally affect small governments, as described This action is not a ‘‘major rule’’ as available through www.regulations.gov in the Unfunded Mandates Reform Act defined by 5 U.S.C. 804(2). and at the EPA Region 5 Office (please of 1995 (Pub. L. 104–4); Under section 307(b)(1) of the Clean contact the person identified in the FOR • Does not have federalism Air Act, petitions for judicial review of FURTHER INFORMATION CONTACT section of implications as specified in Executive this action must be filed in the United this preamble for more information). Order 13132 (64 FR 43255, August 10, States Court of Appeals for the Therefore, these materials have been 1999); appropriate circuit by October 18, 2019. approved by EPA for inclusion in the • Is not an economically significant Filing a petition for reconsideration by State implementation plan, have been regulatory action based on health or the Administrator of this final rule does incorporated by reference by EPA into safety risks subject to Executive Order not affect the finality of this action for that plan, are fully federally enforceable 13045 (62 FR 19885, April 23, 1997); the purposes of judicial review nor does under sections 110 and 113 of the Clean • Is not a significant regulatory action it extend the time within which a Air Act as of the effective date of the subject to Executive Order 13211 (66 FR petition for judicial review may be filed, final rulemaking of EPA’s approval, and 28355, May 22, 2001); and shall not postpone the effectiveness will be incorporated by reference in the • Is not subject to requirements of of such rule or action. This action may next update to the SIP compilation.1 Section 12(d) of the National not be challenged later in proceedings to V. Statutory and Executive Order Technology Transfer and Advancement enforce its requirements. (See section Reviews Act of 1995 (15 U.S.C. 272 note) because 307(b)(2).) application of those requirements would Under the Clean Air Act, the be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52 Administrator is required to approve a and Environmental protection, Air SIP submission that complies with the • Does not provide EPA with the pollution control, Incorporation by provisions of the Clean Air Act and discretionary authority to address, as reference, Intergovernmental relations, applicable Federal regulations. 42 appropriate, disproportionate human Reporting and recordkeeping U.S.C. 7410(k); 40 CFR 52.02(a). Thus, health or environmental effects, using requirements, Sulfur oxides. in reviewing SIP submissions, EPA’s practicable and legally permissible role is to approve state choices, Dated: August 6, 2019. methods, under Executive Order 12898 Cathy Stepp, provided that they meet the criteria of (59 FR 7629, February 16, 1994). Regional Administrator, Region 5. the Clean Air Act. Accordingly, this In addition, the SIP is not approved action merely approves state law as to apply on any Indian reservation land 40 CFR part 52 is amended as follows: meeting Federal requirements and does or in any other area where EPA or an not impose additional requirements Indian tribe has demonstrated that a PART 52—APPROVAL AND beyond those imposed by state law. For tribe has jurisdiction. In those areas of PROMULGATION OF that reason, this action: Indian country, the rule does not have IMPLEMENTATION PLANS • Is not a significant regulatory action tribal implications and will not impose ■ 1. The authority citation for part 52 subject to review by the Office of substantial direct costs on tribal continues to read as follows: Management and Budget under governments or preempt tribal law as Executive Orders 12866 (58 FR 51735, specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq. October 4, 1993) and 13563 (76 FR 3821, FR 67249, November 9, 2000). ■ 2. In § 52.1220, the table in paragraph January 21, 2011); The Congressional Review Act, 5 (d) is amended by revising the entry for • Is not an Executive Order 13771 (82 U.S.C. 801 et seq., as added by the Small ‘‘Flint Hills Resources Pine Bend, LLC’’ FR 9339, February 2, 2017) regulatory Business Regulatory Enforcement to read as follows: action because SIP approvals are Fairness Act of 1996, generally provides exempted under Executive Order 12866; that before a rule may take effect, the § 52.1220 Identification of plan. agency promulgating the rule must * * * * * 1 62 FR 27968 (May 22, 1997). submit a rule report, which includes a (d) * * *

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EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

State effective Name of source Permit No. date EPA approval date Comments

******* Flint Hills Resources 03700011–102 10/5/2018 8/19/2019, [Insert Fed- Only conditions cited as ‘‘Title I Condition: 40 Pine Bend, LLC. eral Register citation]. CFR Section 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52, subp. Y’’.

*******

* * * * * Register another adjustment to the throughout the region equitable fishing [FR Doc. 2019–17670 Filed 8–16–19; 8:45 am] retention limit or a fishery closure, if opportunities for the rest of the year. BILLING CODE 6560–50–P warranted. Therefore, NMFS is increasing the FOR FURTHER INFORMATION CONTACT: commercial Atlantic aggregated LCS and Lauren Latchford Guy DuBeck, or Karyl hammerhead shark retention limit in the DEPARTMENT OF COMMERCE Brewster-Geisz 301–427–8503; fax 301– Atlantic region from 36 to 45 LCS other 713–1917. than sandbar shark per vessel per trip. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: Atlantic NMFS considered the inseason Administration shark fisheries are managed under the retention limit adjustment criteria listed 2006 Consolidated Highly Migratory at § 635.24(a)(8)(i) through (vi), which 50 CFR Part 635 includes: Species (HMS) Fishery Management • [Docket No. 150413357–5999–02] Plan (FMP), its amendments, and The amount of remaining shark quota in the relevant area, region, or RIN 0648–XT012 implementing regulations (50 CFR part 635) issued under authority of the sub-region to date, based on dealer reports. Atlantic Highly Migratory Species; Magnuson-Stevens Fishery Based on dealer reports through Commercial Aggregated Large Coastal Conservation and Management Act (16 August 9, 2019, 28.6.0 metric tons (mt) Shark and Hammerhead Shark U.S.C. 1801 et seq.). dressed weight (dw) (62,980 lb dw), or Management Group in the Atlantic Atlantic shark fisheries have separate 17 percent, of the 168.9 mt dw shark Region; Retention Limit Adjustment regional (Gulf of Mexico and Atlantic) quotas for all management groups quota for aggregated LCS and 8.9 mt dw AGENCY: National Marine Fisheries except those for blue shark, porbeagle (19,652 lb dw), or 33 percent, of the 27.1 Service (NMFS), National Oceanic and shark, pelagic sharks (other than mt dw shark quota for the hammerhead Atmospheric Administration (NOAA), porbeagle or blue sharks), and the shark management groups have been Commerce. research fishery for LCS and sandbar harvested in the Atlantic region. This ACTION: Temporary rule; inseason sharks. The boundary between the Gulf means that approximately 83 percent of retention limit adjustment. of Mexico region and the Atlantic region the aggregated LCS quota remains is defined at § 635.27(b)(1) as a line available and approximately 67 percent SUMMARY: NMFS is adjusting the beginning on the East Coast of Florida of the hammerhead shark quota remains commercial aggregated large coastal at the mainland at 25°20.4′ N lat, available. NMFS took action on April 2, shark (LCS) and hammerhead shark proceeding due east. Any water and 2019 to reduce retention the retention management group retention limit for land to the north and east of that limit from 25 to 3 after considering the directed shark limited access permit boundary is considered, for the relevant inseason adjustment criteria, holders in the Atlantic region from 36 purposes of setting and monitoring particularly the need for all regions to LCS other than sandbar sharks per quotas, to be within the Atlantic region. have an equitable opportunity to utilize vessel per trip to 45 LCS other than This inseason action only affects the the quota (84 FR 12524). On June 25, sandbar sharks per vessel per trip. This aggregated LCS and hammerhead shark 2019, NMFS increased the retention action is based on consideration of the management groups in the Atlantic limit to 36 LCS other than sandbar regulatory determination criteria region. sharks per vessel per trip (84 FR 29808) regarding inseason adjustments. The Under § 635.24(a)(8), NMFS may to promote use of the available quota. retention limit will remain at 45 LCS adjust the commercial retention limits • The catch rates of the relevant shark other than sandbar sharks per vessel per in the shark fisheries during the fishing species/complexes in the region or sub- trip in the Atlantic region through the season. Before making any adjustment, region, to date, based on dealer reports. rest of the 2019 fishing season or until NMFS must consider specified Based on the current commercial NMFS announces via a notice in the regulatory criteria (see § 635.24(a)(8)(i) retention limit and average catch rate of Federal Register another adjustment to through (vi)). After considering these landings data from dealer reports, the the retention limit or a fishery closure. criteria as discussed below, NMFS has amount of Atlantic aggregated LCS and This retention limit adjustment affects concluded that increasing the retention hammerhead shark quota available is anyone with a directed shark limited limit of the Atlantic aggregated LCS and high, while harvest in the Atlantic access permit fishing for LCS in the hammerhead management groups for region on a daily basis is low. Using Atlantic region. directed shark limited access permit current catch rates, projections indicate DATES: This retention limit adjustment holders in the Atlantic region will allow that landings would not reach 80 is effective on August 16, 2019, through use of available aggregated LCS and percent of the quota before the end of December 31, 2019, or until NMFS hammerhead shark management group the 2019 fishing season (December 31, announces via a notice in the Federal quotas and will provide fishermen 2019). A higher retention limit

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authorized under this action will in order to fully utilize the quota in the considering the inseason retention limit promote increased fishing opportunities entire Atlantic region. adjustment criteria listed in and utilization of available quota in the • Effects of catch rates in one part of § 635.24(a)(8). On June 25, 2019, NMFS Atlantic region. a region or sub-region precluding increased the retention limit from 3 LCS • Estimated date of fishery closure vessels in another part of that region or other than sandbar sharks to 36 LCS based on when the landings are sub-region from having a reasonable other than sandbar sharks (84 FR projected to reach 80 percent of the opportunity to harvest a portion of the 29808). Based on dealer reports through available overall, regional, and/or sub- relevant quota. August 9, 2019, approximately 83 regional quota, if the fishery’s landings NMFS’ goal for the 2019 commercial percent and 67 percent of the aggregated are not projected to reach 100 percent of shark fishery is to ensure fishing LCS and hammerhead shark quotas the applicable quota before the end of opportunities throughout the fishing remain unharvested, respectively. the season. season and the Atlantic region (83 FR Commercial shark landings in the Once the landings reach 80 percent of 60777; November 27, 2018, 84 FR Atlantic region at this point in the either the aggregated LCS or 12524; April 2, 2019, and 84 FR 29808; season are uncharacteristically low. A hammerhead shark quotas, NMFS June 25, 2019). While dealer reports higher retention limit should increase would, as required by the regulations at indicate that, under current catch rates, the likelihood of full utilization of the § 635.28(b)(3), close the aggregated LCS the aggregated LCS and hammerhead quota in the Atlantic region, while also and hammerhead shark management shark management groups in the allowing the fisheries to operate for the groups since they are ‘‘linked quotas.’’ Atlantic region would remain open for remainder of the year. However, current catch rates would the remainder of the year, the catch Accordingly, as of August 16, 2019, likely result in the fisheries remaining rates also indicate that the quotas would NMFS is increasing the retention limit open for the remainder of the year. The likely not be fully harvested under the for the commercial aggregated LCS and higher retention limit should increase current retention limit. If the harvest of hammerhead shark management groups these species is increased through an the likelihood of full utilization of the in the Atlantic region for directed shark increased retention limit, NMFS quota in the Atlantic region, while also limited access permit holders from 36 estimates that the fishery would remain allowing the fisheries to operate for the LCS other than sandbar sharks per open for the remainder of the year and remainder of the year. vessel per trip to 45 LCS other than fishermen throughout the Atlantic sandbar sharks per vessel per trip. This • Effects of the adjustment on region would have a reasonable retention limit adjustment does not accomplishing the objectives of the 2006 opportunity to harvest a portion of the apply to directed shark limited access Consolidated HMS FMP and its quota. permit holders if the vessel is properly amendments. On November 27, 2018 (83 FR 60777), permitted to operate as a charter vessel Increasing the retention limit on the NMFS announced in a final rule that the or headboat for HMS and is engaged in aggregated LCS and hammerhead aggregated LCS and hammerhead shark a for-hire trip, in which case the management groups in the Atlantic fisheries management groups for the recreational retention limits for sharks region from 36 to 45 LCS other than Atlantic region would open on January and ‘‘no sale’’ provisions apply sandbar sharks per vessel per trip would 1 with a quota of 168.9 mt dw (372,552 (§ 635.22(a) and (c)); or if the vessel continue to allow for fishing lb dw) and 27.1 mt dw (59,736 lb dw), possesses a valid shark research permit opportunities throughout the rest of the respectively, and a commercial under § 635.32 and a NMFS-approved year consistent with objectives retention limit of 25 LCS other than observer is onboard, in which case the established in the 2006 Consolidated sandbar sharks per trip for directed restrictions noted on the shark research HMS FMP, including rebuilding shark limited access permit holders in permit apply. requirements for overfished stocks. those fisheries. NMFS published a All other retention limits and shark • Variations in seasonal distribution, proposed rule on September 11, 2018 fisheries in the Atlantic region remain abundance, or migratory patterns of the (83 FR 45866) and invited and unchanged. This retention limit will relevant shark species based on considered public comment. In the final remain at 45 LCS other than sandbar scientific and fishery-based knowledge. rule, NMFS explained that if it appeared sharks per vessel per trip for the rest of The directed shark fisheries in the that the quota is being harvested too the 2019 fishing season, or until NMFS Atlantic region are composed of a mix quickly, thus precluding fishing announces another adjustment to the of species, with a high abundance of opportunities throughout the entire retention limit or a fishery closure via aggregated LCS caught in conjunction region (e.g., if approximately 20 percent a notice in the Federal Register, if with hammerhead sharks. Migratory of the quota is caught at the beginning warranted. patterns of many LCS in the Atlantic of the year), NMFS would consider region indicate that sharks move farther reducing the commercial retention limit Classification north in the summer and then return to 3 or fewer LCS other than sandbar The Assistant Administrator for south in the fall. Taking these migration sharks and then later consider NMFS (AA) finds that it is impracticable patterns into account, NMFS increased increasing the retention limit, perhaps and contrary to the public interest to the retention limit on June 25, 2019 to 36 LCS other than sandbar sharks per provide prior notice of, and an from 3 to 36 LCS other than sandbar vessel per trip around July 15, 2019, opportunity for public comment on, this sharks per vessel per trip (84 FR 29808) consistent with the applicable action for the following reasons: to provide additional fishing regulatory requirements. In April 2019, Prior notice is impracticable because opportunities for fishermen in the Mid- dealer reports indicated that landings the regulatory criteria for inseason Atlantic and New England areas. had reached 21 percent of the quota, retention limit adjustments are intended However, based on dealer reports and NMFS therefore reduced the to allow the agency to respond quickly through August 9, 2019, harvest in the commercial Atlantic aggregated LCS and to existing management considerations, Atlantic region on a daily basis has been hammerhead shark retention limit from including remaining available shark low. Therefore, NMFS is increasing the 25 to 3 LCS other than sandbar sharks quotas, estimated dates for the fishery retention limit from 36 to 45 LCS other per vessel per trip on April 2, 2019 (84 closures, the regional variations in the than sandbar sharks per vessel per trip FR 12524; April 2, 2019) after shark fisheries, and equitable fishing

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opportunities. Additionally, regulations increasing the retention limit and would Adjustment of the LCS commercial implementing Amendment 6 of the 2006 adversely affect those shark fishermen retention limit in the Atlantic region is Atlantic Consolidated HMS FMP (80 FR that would otherwise have an effective August 16, 2019, to minimize 50074, August 18, 2015) intended that opportunity to harvest more than the any unnecessary disruption in fishing the LCS retention limit could be current retention limit of 36 LCS other patterns and to allow fishermen to adjusted quickly throughout the fishing than sandbar sharks per vessel per trip benefit from the adjustment. Foregoing season to provide management and could result in low catch rates and opportunities to harvest the respective flexibility for the shark fisheries and underutilized quotas. Analysis of quotas could have negative social and provide equitable fishing opportunities available data shows that adjustment of economic impacts for U.S. fishermen to fishermen throughout a region. Based the LCS commercial retention limit that depend upon catching the available on available shark quotas and informed upward to 45 would result in minimal quotas. Therefore, there is also good by shark landings in previous seasons, risks of exceeding the aggregated LCS cause under 5 U.S.C. 553(d)(3) to waive responsive adjustment to the LCS and hammerhead shark quotas in the the 30-day delay in effectiveness. commercial retention limit from the Atlantic region based on our incidental level is warranted as quickly consideration of previous years’ data, in This action is being taken under as possible to allow fishermen to take which the fisheries have opened in July. § 635.24(a)(2) and is exempt from advantage of available quotas while With quota available and with no review under Executive Order 12866. sharks are present in their region. For measurable impacts to the stocks Authority: 16 U.S.C. 1801 et seq. such adjustment to be practicable, it expected, it would be contrary to the Dated: August 14, 2019. must occur in a timeframe that allows public interest to require vessels to wait fishermen to take advantage of it. to harvest the sharks otherwise available Alan D. Risenhoover, Adjustment of the LCS fisheries through this action. Therefore, NMFS Director, Office of Sustainable Fisheries, retention limit in the Atlantic region finds good cause under 5 U.S.C. National Marine Fisheries Service. will begin on August 16, 2019. Prior 553(b)(B) to waive prior notice and the [FR Doc. 2019–17754 Filed 8–16–19; 8:45 am] notice would result in delays in opportunity for public comment. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 160

Monday, August 19, 2019

This section of the FEDERAL REGISTER submit comments, identified by docket NOPR in the Federal Register that contains notices to the public of the proposed number EERE–2017–BT–STD–0062, by proposed to update and modernize the issuance of rules and regulations. The any of the following methods: Process Rule (‘‘Process Rule NOPR’’). 84 purpose of these notices is to give interested 1. Federal eRulemaking Portal: http:// FR 3910. On July 26, 2019, DOE persons an opportunity to participate in the www.regulations.gov. Follow the rule making prior to the adoption of the final published a notice of data availability rules. instructions for submitting comments. (‘‘NODA’’) regarding national energy 2. Email: [email protected]. savings estimates from past DOE energy Include EERE–2017–BT–STD–0062 in conservation standards rulemakings that DEPARTMENT OF ENERGY the subject line of the message. were used in support of the NOPR and 3. Postal Mail: Ms. Sofie Miller, U.S. requested comments on these data. 84 Department of Energy, Office of Energy 10 CFR Parts 430 and 431 FR 36037. The NODA, which presented Efficiency and Renewable Energy, 1000 [EERE–2017–BT–STD–0062] Independence Avenue SW, Room 6A– these data uniformly in terms of site RIN 1904–AD38 013, Washington, DC 20585. If possible, energy, sought public input regarding please submit all items on a compact these data. DOE developed these data Energy Conservation Program: disc (‘‘CD’’), in which case it is not after re-examining its use of source and Procedures, Interpretations, and necessary to include printed copies. full-fuel-cycle energy savings data in Policies for Consideration of New or 4. Hand Delivery/Courier: Ms. Sofie consideration of a threshold for Revised Energy Conservation Miller, U.S. Department of Energy, significant conservation of energy in Standards for Consumer Products Office of Energy Efficiency and order to provide a consistent accounting Renewable Energy, 1000 Independence across rulemakings. Because EPCA uses AGENCY: Office of Energy Efficiency and a household energy consumption metric Renewable Energy, Department of Avenue SW, Washington, DC 20585. Energy. Telephone: (202) 586–5000. If possible, as a threshold for setting standards for please submit all items on a CD, in new covered products (42 U.S.C. ACTION: Notice of re-opening of the which case it is not necessary to include 6295(l)(1)), DOE believes that site public comment period. printed copies. energy would be the most appropriate SUMMARY: On February 13, 2019, the No telefacsimilies (faxes) will be metric for evaluating energy savings U.S. Department of Energy (‘‘DOE’’) accepted. across rulemakings. As a result, DOE published a notice of proposed Docket: The docket for this activity, provided national site energy savings rulemaking (‘‘NOPR’’) to update and which includes Federal Register data from its past rulemakings for public modernize the Process Rule (‘‘Process notices, comments, and other comment to help inform DOE’s decision Rule NOPR’’). On July 26, 2019, DOE supporting documents/materials, is regarding whether (and how) to define available for review at http:// published a notice of data availability a threshold for significant energy www.regulations.gov. All documents in (‘‘NODA’’) regarding national energy savings. DOE previously noted, and the docket are listed in the http:// savings estimates from past DOE energy stresses again, that the rules reported conservation standards rulemakings that www.regulations.gov index. However, some documents listed in the index, and the data analyzed in the were used in support of the NOPR and information provided with the NODA requested comments on these data. Prior such as those containing information that is exempt from public disclosure, are identical to those provided with to the end of the comment period for the DOE’s original proposal and discussed NODA, DOE received a request from may not be publicly available. The docket web page can be found at at the public meeting. DOE’s restating of stakeholders on August 6, 2019, seeking https://www.regulations.gov/ the results from each examined additional time to analyze the NODA’s docket?D=EERE-2017-BT-STD-0062. rulemaking on a site energy basis is data and to supplement their comments The docket web page contains solely for the purpose of making an accordingly. In light of this request, instructions on how to access all ‘‘apples-to-apples’’ comparison of the DOE is re-opening the comment period documents, including public comments, results of each rulemaking using the for an additional 21 days and in the docket. statutorily-required measure for setting announcing that decision in this document. FOR FURTHER INFORMATION CONTACT: energy conservation standards. The Ms. Sofie Miller, Senior Advisor, U.S. NODA provided for the submission of DATES: The comment period for the Department of Energy, Office of Energy comments by August 9, 2019. NODA published on July 26, 2019 (84 Efficiency and Renewable Energy, 1000 FR 36037), which closed on August 9, On August 6, 2019, DOE received Independence Avenue SW, Washington, requests from several parties to extend 2019, is hereby reopened and extended. DC 20585. Telephone: (202) 586–5000. Written comments and information will the comment period on the proposal. Email: [email protected]. More specifically, stakeholders be accepted on or before August 30, Ms. Francine Pinto, U.S. Department requested additional time to analyze the 2019. of Energy, Office of the General Counsel, data and to prepare comments. ADDRESSES: Interested persons are GC–33, 1000 Independence Avenue SW, encouraged to submit comments using Washington, DC 20585–0121. Given the importance to DOE of the Federal eRulemaking Portal at Telephone: (202) 586–7432. Email: receiving public input on this matter, http://www.regulations.gov. Follow the [email protected]. DOE is re-opening the comment period instructions for submitting comments. SUPPLEMENTARY INFORMATION: On and will consider all comments received Alternatively, interested persons may February 13, 2019, DOE published a on or before August 30, 2019.

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Signed in Washington, DC, on August 12, ADDRESSES: Comments on this NPRM petitions by firms that have been 2019. may be submitted through any of the acquired before or after filing a petition Alexander N. Fitzsimmons, following methods: for assistance, while continuing to Acting Deputy Assistant Secretary for Energy • Federal eRulemaking Portal: http:// operate independently. In addition, Efficiency, Energy Efficiency and Renewable www.regulations.gov. Follow the EDA proposes to add a requirement that Energy. instructions for submitting comments. firms must begin implementation of [FR Doc. 2019–17760 Filed 8–16–19; 8:45 am] All comments received are a part of the their Adjustment Proposal within six BILLING CODE 6450–01–P public record and will generally be months after the Proposal is approved posted for public viewing on by EDA. Firms that do not begin www.regulations.gov without change. implementation within six months after All personal identifying information approval must update, re-submit their DEPARTMENT OF COMMERCE (e.g., name, address, etc.), confidential Adjustment Proposal, and request re- business information, or otherwise approval before any Adjustment Economic Development Administration sensitive information submitted Assistance may be provided. EDA also voluntarily by the sender will be proposes to incorporate changes that 13 CFR Parts 302 and 315 publicly accessible. EDA will accept would enable firms to amend their anonymous comments (enter ‘‘N/A’’ in Adjustment Proposals within two years [Docket No.: 170830844–9318–01] the required fields if you wish to remain of EDA approval and that would require anonymous). firms to complete implementation of the RIN 0610–AA80 • Email: [email protected]. Adjustment Proposals within five years Include ‘‘Comments on EDA’s General Updates and Elimination of of approval. Furthermore, the regulations’’ and Docket No. Certain TAAF and PWEDA Regulations regulations would require firms that are 170830844–9318–01 in the subject line transferred, sold, or otherwise acquired AGENCY: Economic Development of the message. by another firm, during this five-year Administration, U.S. Department of • Mail: Office of the Chief Counsel, period, to notify EDA, which will make Commerce. Economic Development Administration, a determination regarding the continued ACTION: Notice of proposed rulemaking, U.S. Department of Commerce, 1401 eligibility of the petitioner firm. These request for public comment. Constitution Avenue NW, Suite 72023, are existing best practices and help to Washington, DC 20230. Please indicate ensure that Adjustment Proposals reflect SUMMARY: The Economic Development ‘‘Comments on EDA’s regulations’’ and current conditions and are maximally Administration (‘‘EDA’’), U.S. Docket No. 170830844–9318–01 on the effective. Department of Commerce (‘‘DOC’’), is envelope. These proposed changes would also publishing this notice of proposed FOR FURTHER INFORMATION CONTACT: align the regulations more closely with rulemaking (‘‘NPRM’’) to request public Ryan Servais, Attorney Advisor, Office statutory requirements. Specifically, comment on proposed updates to the of the Chief Counsel, Economic EDA proposes to refer to imported agency’s regulations implementing the Development Administration, U.S. articles or services that compete with Trade Adjustment Assistance for Firms Department of Commerce, 1244 Speer and are substantially equivalent to the (‘‘TAAF’’) provisions of the Trade Act of Boulevard, Suite 431, Denver, CO petitioning firm’s as ‘‘directly 1974, as amended (‘‘Trade Act’’), and 80204; telephone: (303) 844–4403. competitive or like,’’ as written in the the Public Works and Economic SUPPLEMENTARY INFORMATION: Trade Act, rather than simply ‘‘directly Development Act of 1965, as amended competitive.’’ In addition, EDA (‘‘PWEDA’’). The proposed changes to Background proposes to clarify all references to the TAAF program regulations would Through strategic grant investments ‘‘days’’ as ‘‘calendar days,’’ to reflect clarify the process for import-impacted that foster job creation and attract this usage in the Trade Act, a change U.S. manufacturing, oil and natural private investment, EDA supports that would also speed up the time production and service firms to obtain development in economically distressed within which EDA is required to make technical assistance—identified in the areas of the United States to prepare determinations regarding firm eligibility Trade Act as ‘‘adjustment assistance’’— these areas for growth and success in and assistance. through the TAAF program, reorganize the worldwide economy. Additionally, because this rule would the regulations to make them easier to EDA is publishing this NPRM to remove certain regulations and will read and understand, incorporate best request public comments on proposed make it easier for firms and EDA practices, and bring the regulations into updates to the agency’s regulations grantees to comply with the closer alignment with the program’s implementing the TAAF program (Part requirements for the TAAF and EDA statutory requirements. The result will I) and PWEDA (Part II). These changes grant programs, it is considered a be to ease the burden on firms seeking would ease the burden on firms and ‘‘deregulatory action’’ pursuant to the adjustment assistance through the grantees by eliminating unnecessary and April 5, 2017, OMB guidance TAAF program and make it easier for duplicative regulations and clarify and memorandum implementing Executive Trade Adjustment Assistance Centers reorganize the regulations to make them Order 13771. (‘‘TAACs’’) to work with firms. EDA easier to understand. Part I: Updates to TAAF Program also proposes the elimination of certain The proposed updates would also Regulations TAAF and PWEDA regulations that are incorporate best practices. For example, unnecessary or duplicative because they EDA is proposing to build into the Trade Act Background describe requirements already definition of ‘‘subsidiary’’ language that Authorized under Chapter 3 of title II established in other regulations or would recognize independent of the Trade Act of 1974 (19 U.S.C. award documentation. subsidiaries as eligible to apply for 2341–2355), the TAAF program assists DATES: Written comments on this NPRM assistance separately from the firm that import-impacted U.S. manufacturing, must be submitted by September 18, has acquired them. This change is in oil and natural gas production, and 2019. response to a growing number of service firms with developing and

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implementing projects to regain global general provisions (purpose and scope, provide trade adjustment assistance for competitiveness, expand markets, definitions, and Confidential Business industries, EDA will promulgate new strengthen operations, and increase Information) within Subpart A, while regulations to implement the program. profitability, thereby increasing U.S. consolidating those regulations Second, EDA proposes to revise the jobs. regarding TAAC selection, operation, definition to clarify that Adjustment The TAAF program provides cost- role, and coverage within Subpart B. Assistance refers to technical assistance sharing technical assistance to eligible provided by the TAACs. The current import-impacted U.S. manufacturing, Section 315.1 regulation is ambiguous and could be oil and natural gas production, and EDA proposes replacing this section interpreted that EDA provides the service firms in all 50 States, the District with a new programmatic description of technical assistance directly, which is of Columbia and the Commonwealth of TAAF’s purpose. The revised section not the case. Third, EDA proposes Puerto Rico. Technical assistance is will more clearly lay out the process by adding to the definition a statement that provided through a nationwide network which EDA executes its responsibilities EDA determines what type of assistance of 11 TAACs, which are non-profits or concerning the TAAF program, as is provided and to incorporate a list of university-affiliated. delegated by the Secretary of Commerce, the types of assistance that this may TAACs provide eligible firms with and the process by which firms work include: Preparing a firm’s petition for customized assistance from industry with TAACs to request and obtain certification of eligibility, developing an experts knowledgeable about the unique Adjustment Assistance. EDA also Adjustment Proposal, and implementing needs, challenges, and opportunities proposes adding a citation to those an Adjustment Proposal. facing industries in their respective sections of the Trade Act of 1974 which regions. Firms work with the TAACs to establish the responsibilities and Adjustment Proposal apply for certification of eligibility for requirements associated with the TAAF EDA proposes revising the definition TAAF assistance. Firms demonstrate program. for Adjustment Proposal, clarifying that the Adjustment Proposal is a firm’s plan their eligibility by documenting that Section 315.2 they have experienced a decline in sales for improving its competitiveness in the or a decline or impending decline in EDA proposes a minor wording marketplace, consistent with the intent employment or worker hours, and that change to the introduction to the of the TAAF program as established in an increase of imports of directly definitions, as well as changes to the the Trade Act. The current regulations competitive goods or services definitions identified below. state that the purpose of an Adjustment contributed importantly to such Adjustment Assistance Proposal is to improve the firm’s declines. EDA then renders a decision economic situation, a less clear goal not EDA proposes three revisions to the regarding the firms’ eligibility. linked to the purposes of the Trade Act. The TAAC works closely with eligible definition of Adjustment Assistance. Decreased Absolutely firms’ management to identify the firms’ First, EDA proposes to remove the strengths and weaknesses and then reference to ‘‘or industries.’’ As EDA proposes a minor change to the develop a customized business recovery explained further in the discussion of definition of Decreased Absolutely to plan, called an Adjustment Proposal the changes to section 315.17, EDA add language clarifying that a firm’s (AP), designed to stimulate recovery and proposes to eliminate its regulations sales or production must have declined growth. The TAAF program pays up to related to the provision of trade by a minimum of five percent relative to 75 percent of the costs of developing the adjustment assistance to industries. its sales or production during the AP. EDA reviews firms’ APs and EDA has historically not provided applicable time period and that the determines whether or not to approve separate industry-wide assistance decline is independent of industry or them. When the AP has been approved, programs because firms within market fluctuations and relative only to company management and TAAC staff impacted industries have solicited help the previous performance of the firm jointly identify consultants with the through TAAF on an individual basis unless EDA determines that such specific expertise needed to help the and because there has been no demand limitations would not be consistent with firm implement the AP. For consultant for industry-wide assistance. In the purposes of the Trade Act. While it costs that are above the acquisition addition, EDA provides expedited is implied in the existing regulations threshold for sole source contracts, review of petitions and Adjustment that all three of these factors must be selection is made through a competitive Plans from firms within impacted present to constitute an absolute procurement process. The TAACs and industries. When the U.S. International decrease in a firm’s sales or production, firms then enter into a contract with the Trade Commission (ITC) makes an EDA believes this minor revision will private consultants, and the TAACs pay injury determination, in accordance provide clear confirmation of this up to 75 percent of the costs of the with Chapter 3 of the Trade Act, EDA requirement. consultants. provides expedited consideration to petitions by firms in the affected Directly Competitive Overview of Proposed Changes to the industry, as well as expedited assistance EDA proposes revising the defined TAAF Regulations in preparing and processing Adjustment term Directly Competitive to add the The discussion that follows presents Proposal applications to such firms. words ‘‘or Like’’ to the end, such that the proposed changes by subpart letter EDA believes this individualized the term would be Directly Competitive and section number, with an approach has been effective in or Like. This change would more closely explanation for each proposal. facilitating adjustments within both align this term with the terminology of firms and industries. Removing the Trade Act. EDA proposes further Subpart A regulations that reference trade revising this definition by adding EDA proposes no changes to the adjustment assistance to industries will language that clarifies the linkage designation or heading of this subpart. help prevent potential confusion between this definition and the EDA proposes to transfer §§ 315.4 and regarding the availability of a parallel reference to firms that engage in 315.5 from Subpart A to Subpart B. This industry program. In the event that EDA exploring, drilling, or producing oil or proposed change would retain all does determine it is appropriate to natural gas. By adding the phrase ‘‘For

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the purposes of this term,’’ before the increased their purchase of imports of Unjustifiable Benefits final sentence in this definition, EDA Directly Competitive or Like Articles or As noted above, EDA also proposes reinforces the requirement in Section Services from a foreign country. adding a definition for Unjustifiable 251 of the Trade Act that firms that Partial Separation Benefits. Under this new definition, engage in these types of activities be Unjustifiable Benefits describe considered as producing articles that are EDA proposes changing the definition Adjustment Assistance inappropriately directly competitive with imported oil of Partial Separation by replacing accruing to the benefit of (1) other firms and natural gas for the purposes of language denoting that this definition is that would not otherwise be eligible TAAF eligibility. with respect to any employment in a when provided to a firm or (2) any Firm firm with language that clarifies that a predecessor or successor firm, or any Partial Separation occurs when there affiliated firm controlled or EDA proposes revising the definition has been no increase in overall substantially beneficially owned by of Firm to correct the citation to the employment at the firm and either of the substantially the same person, rather section of the Trade Act that defines this conditions currently described in this than treating these entities as a single term. In addition, EDA proposes definition exist: (1) A reduction in an firm. EDA believes that this is an capitalizing the term, ‘‘Unjustifiable employee’s work hours to 80 percent or important concept that should be fully Benefits,’’ as referenced in this less of the employee’s average weekly explained to help firms understand definition. This change is the result of hours during the year of such reductions TAAF eligibility requirements, EDA’s proposal to include a definition as compared to the preceding year; or particularly when a firm has a for Unjustifiable Benefits, as described (2) a reduction in the employee’s weekly relationship through ownership or below. EDA also proposes further wage to 80 percent or less of his/her control by another firm. revising this definition by adding to the average weekly wage during the year of sub-definition of Subsidiary, which is Section 315.3 such reduction as compared to the included as a category of firm that may preceding year. EDA occasionally EDA proposes no revisions to this be considered jointly with another firm receives petitions submitted by firms section. that is requesting Adjustment whose overall employment figures have Assistance pursuant to TAAF in an Subpart B increased within the periods of time in effort to prevent Unjustifiable Benefits. question and which, nonetheless, assert EDA proposes revising this subpart to EDA proposes to qualify the definition that there has been a Partial Separation consolidate and clarify all regulations of Subsidiary by adding an explanation with regards to a certain portion of their regarding TAAC selection, operations, that a firm acquired by another firm but workforce’s work hours or weekly and coverage. The revised Subpart B, which operates independently of the entitled ‘‘TAAC Provisions,’’ would be acquiring firm is considered an wages. EDA believes that this revision should resolve the apparent confusion inserted after § 315.3 and would include Independent Subsidiary and may be revised §§ 315.4 and 315.5, which considered separately from the caused by the current wording and clarify that a firm does not meet the would be transferred to Subpart B from acquiring firm as eligible for Adjustment Subpart A. Assistance. This change reflects existing eligibility criteria if its overall practice and addresses a growing trend employment has increased during the Section 315.4 in petitions requesting Adjustment relevant time period. EDA proposes revising the heading of Assistance for firms that have been Service Sector Firm § 315.4 from ‘‘Eligible applicants’’ to acquired by another firm but continue to ‘‘TAAC Selection and Operation.’’ EDA operate independently after the EDA proposes revising the definition also proposes revising paragraph (a) of acquisition, generally retaining the same of Service Sector Firm to remove the last this section to better describe the TAAC management, maintaining control over two sentences of that definition because selection process by replacing the words management decisions, and otherwise they are already included in the ‘‘The following entities may apply for continuing operations without definition of firm. The first superfluous assistance to operate a TAAC’’ with significant change. sentence states that when a Service ‘‘EDA solicits applications from Sector Firm owns or controls other organizations interested in operating a Increase in Imports Service Sector Firms, those firms may TAAC through Notice of Funding EDA proposes revising the definition be considered a single Service Sector Opportunity announcements laying out of Increase in Imports by making minor Firm for the purposes of requesting selection and award criteria. The wording changes for increased clarity. Adjustment Assistance when they following entities are eligible to apply:’’. EDA proposes further modification to furnish Directly Competitive or Like EDA also proposes replacing ‘‘or’’ with this definition by moving the second services or are exerting essential ‘‘and’’ after subparagraph (2) to clarify sentence of this definition to the revised economic control over one or more that all of the types of entities listed in Subpart C (Certification of firms) as a servicing facilities. The second paragraph (a) are eligible to apply to be new paragraph (c) in § 315.6 superfluous sentence notes that these selected as a TAAC, including (Certification Requirements). EDA firms may be Predecessor, Successor, universities or affiliated organizations, believes this sentence more Affiliate, or Subsidiary Firms as defined States or local governments, and non- appropriately belongs in this Subpart C in the definition of firm. profit organizations. as a description of one way for a firm Total Separation EDA proposes revising paragraph (b) to demonstrate that it meets the of this section to replace the existing eligibility requirements for Certification EDA proposes streamlining and language, which lists the types of to apply for Adjustment Assistance. The clarifying the definition of Total organizations assisting or representing sentence provides that a firm may Separation by removing the phrase industries in which a substantial submit certifications from a firm’s ‘‘with respect to any employment in a number of firms or workers have been customers that account for a significant firm’’ and adding the words ‘‘in a firm’’ certified as eligible to apply for percentage of the firm’s decrease in after ‘‘the laying off or termination of Adjustment Assistance under the Trade sales or production, that the customers employment of an employee.’’ Act, with language explaining that

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TAACs are awarded cooperative TAACs to be awarded a cooperative such certification directly to the firms agreements that are subject to all agreement as well as the award which subsequently pass on the Federal laws and to Federal, requirements for the cooperative certifications to EDA through the Department, and EDA policies, agreements. EDA believes these TAACs. While EDA recognizes the regulations, and procedures applicable paragraphs are unnecessary, as these potential sensitivity and challenges to Federal financial assistance awards, provisions and requirements would involved with a firm asking one or more including 2 CFR part 200, Uniform generally be covered in the Notice of of its customers to certify that the Administrative Requirements, Cost Funding Opportunity used to announce customers have increased their purchase Principles, and Audit Requirements for the availability of funding for TAAC of imports relative to their purchase Federal Awards, and that the TAACs awards. from U.S. suppliers, EDA believes that work closely with EDA and import- Subpart C this information is critical to support impacted firms. EDA believes this new claims of import impact. In addition, language clarifies the basis for the EDA proposes revising Subpart C to Section 251(e) of the Trade Act requires relationship between EDA and the consolidate all regulations regarding the these certifications to be made to the TAACs and clarifies the legal, policy, certification of firms. The revised Secretary of Commerce, who has and procedural criteria that govern this Subpart C would be entitled, delegated this and the other relationship. ‘‘Certification of Firms’’ and would responsibilities associated with the include § 315.6 through § 315.10. Section 315.5 TAAF program to EDA. Section 315.6 EDA proposes revising the heading of Section 315.7 EDA proposes to revise the heading this section from ‘‘TAAC scope, EDA proposes re-designating the for § 315.6 from ‘‘Firm eligibility for selection, evaluation and awards’’ to current § 315.8 as § 315.7 and revising Adjustment Assistance’’ to ‘‘The Role and Geographic Coverage of the section heading to capitalize the the TAACs’’ to more accurately reflect ‘‘Certification Requirements’’ and revise paragraph (a) to remove the introductory words ‘‘Petitions’’ and ‘‘Certification’’ to the focus of this section, particularly in reflect the use of capitalization in the the more streamlined version of the language. EDA also proposes moving the matching share requirements for headings of the other sections within regulations being proposed by EDA in part 315. this Notice. EDA proposes revising Adjustment Proposals as set forth in Because of the revisions discussed paragraph (a) of this section by current paragraph (c)(2) to the new above, EDA also proposes revising the removing the introductory language, § 315.11 (‘‘Adjustment Proposal cross-reference in paragraph (b)(4) to ‘‘TAAC purpose and scope,’’ as Process’’) in Subpart D (‘‘Adjustment cite to § 315.6(b), rather than to unnecessary. EDA also proposes Proposals’’). EDA proposes eliminating § 315.7(b). This cross-reference links to removing the numbered subparagraphs the remaining requirements in § 315.6. from paragraph (a) and, in that same These remaining requirements are the section describing the data on sales, paragraph, changing the third sentence, duplicative of other regulations in this production, and employment required which currently reads, in part, Part and provide no additional guidance to demonstrate a firm has met the ‘‘Information concerning TAACs serving or clarity to the TAACs or firms. established certification thresholds. particular areas may be obtained . . .’’ Moreover, EDA proposes adding to Furthermore, EDA proposes revising from various EDA and TAAC websites. § 315.6(a) a reference to the codified paragraph (b)(5) to clarify the additional EDA proposes to revise that sentence to version of the relevant section of the requirements for publicly-owned read: ‘‘Information concerning TAACs Trade Act. corporations when submitting financial and their coverage areas may be In addition to these revisions, as information as part of their petitions for obtained . . .’’ EDA anticipates that this noted above in the discussion regarding certification. EDA proposes revising the change will clarify that information proposed revisions to the definition of paragraph by adding the words, ‘‘in regarding all of the TAACs service areas, Increase in Imports, EDA proposes addition’’ and ‘‘also’’ to clarify that rather than just particular geographic adding a new paragraph (c) to this publicly-owned corporations should areas, are available at these websites. section and moving into this paragraph submit copies of the most recent Form EDA proposes renumbering the language formerly located in the 10–K annual reports (or Form 10–Q subparagraphs (2) and (3) as paragraphs definition of Increase in Imports that quarterly reports, as appropriate) filed (b) and (c), respectively. EDA also enabled firms to help demonstrate that with the U.S. Securities and Exchange proposes streamlining newly re- they meet the eligibility requirements Commission for the entire period designated paragraph (c) by removing for Adjustment Assistance by covered by the petition in addition to the words ‘‘providing assistance to a,’’ submitting certification from the firm’s the other requirements described in this renumbering subparagraphs (i) and (ii) customers that account for a significant same paragraph. as (1) and (2), respectively, and percentage of the firms’ decrease in EDA also proposes revising paragraph rewording those two subparagraphs as sales or production, that the customers (b)(6) to make clear the information follows: ‘‘(1) Helping a firm to prepare increased their purchase of imports of required regarding a firm’s customers. its petition for eligibility certification; Directly Competitive or Like Articles or Specifically, EDA proposes replacing and (2) Assisting Certified firms with Services from a foreign country. A the qualifier that the description relates diagnosing their strengths and comma has been added to this sentence to the ‘‘major’’ customers of the firm weaknesses, and with developing and after the word ‘‘production’’ to increase with one that identifies the customers as implementing an Adjustment Proposal.’’ clarity. EDA proposes further adding to ‘‘accounting for a significant percent of This change should provide enhanced this new paragraph (c) a sentence the firm’s decline.’’ EDA proposes clarity on the types of Adjustment specifying that such certification from a further revising this paragraph to clarify Assistance a TAAC may provide a firm. firm’s customer must be submitted that firms should submit information EDA also proposes removing existing directly to a TAAC or to EDA. EDA regarding those customers’ purchases or paragraphs (b), (c), and (d) in their believes this addition will ease some the firm’s unsuccessful bids if there are entirety. These paragraphs discuss the confusion by firms, some of which have no customers fitting the description application and evaluation process for requested their customers to provide outlined in this paragraph.

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EDA also proposes revising paragraph when someone other than the petitioner certification. Specifically, EDA proposes (e) by including a citation to the requests a public hearing on an accepted changing the two references in this codified section of the Trade Act set petition, the requester must include a paragraph from § 315.8(g) to § 315.7(g). forth in this paragraph and by updating statement describing the nature of the EDA proposes further revising the cross-reference to the section of part requester’s interest in the proceedings. paragraph (b) by adding a reference to 315 that discusses certification EDA also proposes revising paragraph the codified version of the cited section requirements. (d) of this section to clarify that EDA of the Trade Act. EDA proposes revising paragraph (f) will publish a notice of a public hearing EDA proposes removing the to clarify that, in order to withdraw a in the Federal Register only if EDA has designation of paragraph (d) and adding petition for certification, the petitioner made the determination that the the sentence that formerly stood alone must submit a request for withdrawal requesting party has a substantial as paragraph (d) to the end of paragraph before EDA makes a determination interest in the hearing. EDA proposes (c) in this same section. EDA believes regarding approval or denial of the further revising this paragraph by this reorganization would reduce certification. EDA proposes further removing the semicolon and the word potential confusion by placing all revising this paragraph by updating the ‘‘and’’ from the end of the paragraph requirements regarding the steps EDA cross-reference cited in the second and adding a period. takes when it terminates a certification, sentence of paragraph (f), which regards including notifying the petitioner and submission of a new petition, to reflect Section 315.9 stating the reasons for such termination, the re-designation of the section that EDA proposes re-designating the in a single paragraph. current § 315.10 as § 315.9 and revising discusses certification requirements Subpart D from § 315.7 to § 315.6. the section heading to capitalize the EDA also proposes revising words ‘‘Certification’’ and ‘‘Benefits’’ to EDA proposes no changes to the subparagraphs (1) and (2) in paragraph reflect the use of capitalization in the designation or heading of this subpart. (g) of this section. EDA proposes headings of the other sections within However, EDA proposes to revise this revising subparagraph (1) to add the part 315. subpart to include §§ 315.11 and 315.12. word ‘‘requested’’ before the word EDA also proposes revising Section 315.11 ‘‘material’’ in order to make clear that paragraphs (a), (b), and (d) to replace the EDA may request additional material word ‘‘Failure’’ at the beginning of each Section 315.11 would be revised to from a firm beyond what was submitted of those paragraphs with the words combine requirements currently with the firm’s original petition if ‘‘The firm failed’’ to provide clarity contained in other sections of part 315 necessary to make a determination regarding which entity’s omission and add new language to reflect best regarding the firm’s eligibility for triggers the loss of certification benefits. practices. The section heading would be Adjustment Assistance. In addition, In addition, EDA proposes revising revised to be ‘‘Adjustment Proposal EDA proposes revising subparagraph (1) paragraphs (a), (b), and (c) to replace the Process.’’ EDA proposes moving paragraphs to insert the word ‘‘calendar’’ before the semicolons at the end of each of those (a)(2) and (a)(3) from the current § 315.6 word ‘‘days.’’ EDA also proposes paragraphs with a period to reflect that to the revised § 315.11 as paragraphs (a) making similar revisions to all these are separate and not cumulative and (b) within this section in order to references to ‘‘days’’ found throughout requirements. For the same reason, EDA consolidate Adjustment Proposal part 315. EDA proposes these changes to proposes to further revise paragraph (c) procedures within a single section. In clarify that all references to ‘‘days’’ by removing the word ‘‘or’’ from the end addition, within paragraph (a) of within part 315 refer to calendar days. of that paragraph. § 315.11, EDA proposes updating the The current regulations are not clear on EDA proposes further revising cross-references to those sections within whether these references to ‘‘days’’ are paragraph (d) by adding a comma after part 315 that refer to certification calendar or business days. These the words ‘‘Adjustment Proposal’’ and requirements and processing petitions revisions will bring the TAAF replacing the word ‘‘where’’ with the for certification to reflect the changes regulations into alignment with the word ‘‘and’’. This paragraph, as revised, discussed above. In line with these Trade Act. reads: ‘‘(d) The firm failed to diligently EDA proposes revising subparagraph pursue an approved Adjustment changes, the references cited in this (2) of paragraph (g) by altering the final Proposal, and five years have elapsed paragraph would change from §§ 315.7 sentence to clarify that firms may not since the date of certification.’’ and 315.8 to §§ 315.6 and 315.7, respectively. In order to more clearly resubmit a petition within one year from Section 315.10 the date of a denial without a waiver reflect the requirements of the Trade from EDA issued for good cause. EDA proposes re-designating the Act, EDA proposes to move the current § 315.11 as § 315.10 and revising requirement established in the current Section 315.8 the section heading to capitalize the § 315.16(a), which says Adjustment EDA proposes re-designating the words ‘‘Final,’’ ‘‘Determinations,’’ Proposals must be submitted to EDA for current § 315.9 as § 315.8. ‘‘Termination,’’ and ‘‘Certification,’’ to approval within two years after the date For the reasons discussed above, EDA reflect the use of capitalization in the of Certification, to the newly designated proposes inserting the word ‘‘calendar’’ headings of the other sections within § 315.11(a). in front of the word ‘‘days’’ in the part 315. In addition to moving the introductory paragraph to this section. EDA proposes revising paragraphs (a) requirements that currently exist in EDA proposes revising paragraphs (a) and (b) of this section by inserting the § 315.6(a)(3) to the revised § 315.11(b), and (c) by replacing the semicolon at the word ‘‘calendar’’ before the word EDA proposes adding language to these end of each paragraph with a period to ‘‘days’’ for the reasons mentioned above. requirements that would require firms reflect that each is a complete sentence. EDA proposes further revising to begin implementation of their EDA proposes revising paragraph paragraph (a) by updating the cross- approved Adjustment Proposal within (b)(2) by deleting the word ‘‘its’’ and references to the regulations regarding six months after approval. EDA also inserting the words ‘‘the requesting EDA’s process for making proposes adding a requirement that party’s’’ in lieu thereof to clarify that, determinations regarding petitions for firms that do not begin implementation

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within six months after approval must the TAAF program and will implement regarding persons engaged by firms to update and re-submit their Adjustment their Adjustment Plan in a timely way. expedite petitions and Adjustment Proposal for re-approval before any EDA proposes adding a paragraph (g) Proposals as found in the current Adjustment Assistance may be to this section to address what occurs if § 315.14 (Certifications) and the provided. These additions reflect long- a Certified firm is transferred, sold, or requirements regarding conflicts of standing practice and would help firms otherwise acquired by another firm interest that are contained the current to ensure that their Adjustment during the five-year period established § 315.15 (Conflicts of interest), both of Proposals reflect the most up-to-date in paragraph (f). Paragraph (g) requires which are found in the current Subpart economic conditions and financial a Certified firm that is transferred, sold, C, to Subpart E. EDA believes this situation and, consequently, that the or otherwise acquired by another firm reorganization and new location will firms will receive the most effective during the five-year period of make it easier for firms to read and Adjustment Assistance. Adjustment Assistance to notify EDA no understand the regulations and will EDA proposes adding a paragraph (c) later than 30 calendar days following help clarify that these provisions apply to this section that discusses how EDA the transfer, sale, or acquisition. EDA to firms at all stages of the TAAF will make a determination regarding the will then make a determination as to process. whether the firm remains eligible for Adjustment Proposal no later than 60 Section 315.13 calendar days after receipt of the Adjustment Assistance. EDA will make Adjustment Proposal. This new this determination no later than 60 EDA proposes moving the language incorporates a requirement in calendar days following notification by requirements for firms to certify in Section 252(b)(2) of the Trade Act that the firm. This new language writing to EDA the names of any the Secretary make a determination as incorporates current practice and is attorneys, agents, and other Persons soon as possible after the date on which designed to resolve any confusion about engaged by or on behalf of the firm for an application is filed, but in no event how firms and TAACs should handle the purpose of expediting Petitions for later than 60 days after such date. this type of scenario. Adjustment Assistance and the fees paid EDA also proposes adding a Finally, EDA proposes adding a or to be paid to any such Person, as paragraph (d) to this section. EDA paragraph (h) to this section. Paragraph found in the current § 315.14, to proposes moving the matching share (h) would require firms that receive § 315.13. EDA proposes further revising requirements for Adjustment Assistance Adjustment Assistance to provide data these requirements by clarifying, in from the existing § 315.6(b)(2) to this regarding the firms’ sales, employment, paragraph (a), that they apply to both paragraph. In addition, EDA proposes and productivity upon completion of Adjustment Assistance and Adjustment adding a sentence stating that certified the program and each year for the two- Proposals. year period following completion. This firms may request no more than the Section 315.14 amount established by EDA for total language incorporates into the EDA proposes moving the Adjustment Assistance over the entire regulations reporting requirements requirements found in the current lifetime of the firm. This proposed established in Section 255A of the Trade § 315.15 to § 315.14. EDA also proposes addition incorporates current practice, Act, which requires EDA to report revising these requirements by established to ensure that the maximum annually to Congress on data regarding modifying the list of firm number of eligible firms are able to the TAAF program for the preceding representatives subject to the conflicts receive Adjustment Assistance and to fiscal year. of interest requirements to parallel the encourage certified firms to Section 315.12 list of firm representatives identified in appropriately plan and implement their EDA proposes revising the heading of the revised § 315.13. With this revision, Adjustment Proposals within this section to capitalize the words § 315.14 applies the conflict of interest established funding limits. ‘‘Proposal’’ and ‘‘Requirements’’ to requirements to the ‘‘owners, partners, EDA proposes adding a paragraph (e) reflect the use of capitalization in the members, directors or officers’’ of the to this section and specifying within headings of the other sections within firm, replacing the prior language this paragraph that firms may request part 315. applying these requirements to the EDA approval to amend their In addition, as discussed above, EDA ‘‘owners, partners, or officers’’ of the Adjustment Plans within two years from proposes eliminating paragraph (a) of firm. the date of EDA approval of their initial this section after moving the Adjustment Plans. This new language requirement that firms must submit Subpart F incorporates current practice and allows their Adjustment Proposals to EDA EDA proposes adding Subpart F, firms to update their Adjustment Plans within two years of the date of entitled ‘‘International Trade as needed within the two-year time certification to § 315.11(a). Commission Investigations.’’ Subpart F frame to address any unexpected As a result of this proposed sets forth, through § 315.15—what changes in their situation, new elimination of paragraph (a), EDA actions EDA takes when the ITC makes information, or a need to re-direct proposes re-designating the remaining an affirmative finding under the Trade resources to areas of greatest need. paragraphs such that the existing Act or under sections 705 or 735 of the EDA also proposes adding a paragraph (b) is re-designated paragraph Tariff Act regarding injury or threat of paragraph (f) to this section. The (a), paragraph (c) becomes paragraph (b), injury to an industry. proposed paragraph (f) requires firms to and paragraph (d) becomes paragraph Section 315.15 complete implementation of their (c). Adjustment Plans within five years of EDA proposes revising the heading of EDA approval of their initial Subpart E this section to ‘‘Affirmative Findings.’’ Adjustment Plan. This added language EDA proposing revising the heading EDA also proposes removing the reflects current practice and EDA’s for this subpart to ‘‘Protective designation ‘‘(a)’’ from the first expectation that firms who request Provisions.’’ As revised, Subpart E paragraph of this section and Adjustment Assistance are financially would include §§ 315.13 and 315.14. eliminating paragraphs (b) and (c) to and operationally prepared to engage in EDA proposes moving the requirements reflect the fact that EDA, historically,

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has not provided Adjustment Assistance regions experiencing substantial and under section 502 and consequently for the establishment of industry-wide persistent economic distress. should be eliminated. programs for new product development, Overview of PWEDA Regulations export development, or other uses Classification Proposed for Elimination consistent with the purposes of the Prior notice and opportunity for Trade Act because there has been no EDA proposes eliminating certain public comment are not required for demand for such programs. As noted provisions within part 302 of the rules concerning public property, loans, above in the discussion regarding PWEDA regulations that are grants, benefits, and contracts (5 U.S.C. proposed changes to the definition of unnecessary or already established in 553(a)(2)). EDA’s programs, including Adjustment Assistance in § 315.2, firms other regulations or award TAAF, are financial assistance programs within impacted industries have sought documentation. Specifically, EDA is provided through grants and Adjustment Assistance through TAAF proposing to eliminate the regulations cooperative agreements. As such, prior on an individual basis rather than located at 13 CFR 302.4, 302.5, and notice and an opportunity for public through industry-wide solutions. EDA 302.14. These regulations describe: The comment are not required pursuant to 5 also provides expedited review of responsibilities of EDA grant recipients U.S.C. 553, or any other law, and the petitions and Adjustment Plans from to maintain records, how information analytical requirements of the firms within industries that have supplied to EDA may be subject to Regulatory Flexibility Act (5 U.S.C. 601 received an injury determination by the public release under the Freedom of et seq.) are inapplicable. Therefore, a ITC. This individualized approach Information Act or Privacy Act, how regulatory flexibility analysis has not enables EDA to support adjustments at government auditors may need access to the firm level, while having a various records, and that grant been prepared. cumulative impact at the industry level. recipients are subject to the government- Executive Orders No. 12866, 13563, and EDA proposes further revising this wide relocation assistance and land 13771 section by correcting the citation, within acquisition policies. These regulations the first paragraph, to read ‘‘section can be removed because notice is This proposed rule was drafted in 202(b) of the Trade Act’’ with a lower already provided to grant recipients accordance with Executive Orders case (b) as is used in the Trade Act. EDA through other Department of Commerce- 12866, 13563, and 13771. The Office of also proposes citing to the codified form wide or government-wide regulations as Management and Budget (OMB) has of the relevant section of the Trade Act, well as in specific documentation EDA determined that this proposed rule is 19 U.S.C. 2252, within that first provides to each grant recipient. not significant for purposes of Executive paragraph and updating the paragraph Specifically, recipients of EDA financial Order 12866 and Executive Order by including a reference to sections 705 assistance are already subject to the 13563. and 735 of the Tariff Act (19 U.S.C. requirements related to the Freedom of This proposed rule is a deregulatory 1671d, 1673d). Furthermore, EDA Information Act or Privacy Act currently action that has a neutral effect on the proposes replacing within this described in § 302.4 through 15 CFR costs to firms, organizations, and all paragraph the language stating that EDA part 4 and the Standard Terms and other stakeholders to comply with the will provide to firms in the identified Conditions of an EDA award. Similarly, regulations discussed in this NPRM. It industry assistance in the preparation the relocation and land acquisition is therefore considered to have a total and processing of petitions and policies currently found in § 302.5 are incremental cost of zero pursuant to the applications for benefits; EDA instead already applicable to all EDA financial April 5, 2017, OMB guidance will include language establishing assistance recipients under government- memorandum implementing Executive notification to the TAACs and expedited wide regulations found at 49 CFR part Order 13771. review of petitions and Adjustment 24. Finally, the record-keeping Plans from firms within the specified requirements currently located in Congressional Review Act industry. EDA believes these revisions § 302.14 duplicate the requirements of more clearly describe the assistance Section 608 of PWEDA (42 U.S.C. 3218), This proposed rule is not major under EDA provides to industries in response 2 CFR 200.333 and 200.336, and the the Congressional Review Act (5 U.S.C. to determinations made by the Standard Terms and Conditions of an 801 et seq.). International Trade Commission under EDA award. Executive Order No. 13132 the Trade and Tariff Acts. In addition, EDA is proposing the Part II: Updates to PWEDA Regulations elimination of 13 CFR 302.11. Beginning Executive Order 13132 requires with the enactment of the original agencies to develop an accountable PWEDA Background section 502 of PWEDA (42 U.S.C. 3192) process to ensure ‘‘meaningful and PWEDA is EDA’s organic authority in 1998, Congress has required EDA to timely input by State and local officials and is the primary legal authority under maintain an economic development in the development of regulatory which EDA awards grants. Other legal information clearinghouse on matters policies that have federalism authorities include the Trade Act and related to economic development, implications.’’ ‘‘Policies that have the Stevenson-Wydler Technology economic adjustment, disaster recovery, federalism implications’’ is defined in Innovation Act of 1980. Under PWEDA, defense conversion, and trade Executive Order 13132 to include EDA provides financial assistance to adjustment programs and activities. See regulations that have ‘‘substantial direct both rural and urban distressed Public Law 105–393. With the EDA effects on the States, on the relationship communities by fostering Reauthorization Act of 2004 (Pub. L. between the national government and entrepreneurship, innovation, and 108–373 (Oct. 27, 2004)), Congress the States, or on the distribution of productivity through investments in amended section 502 to require EDA to, power and responsibilities among the infrastructure development, capacity among other things, maintain this various levels of government.’’ It has building, and business development in information clearinghouse online. The been determined that this proposed rule order to attract private capital current regulation adds nothing of value does not contain policies that have investments and new and better jobs to to the requirements already in place federalism implications.

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Paperwork Reduction Act through regulations. Notwithstanding set forth in this proposed rule. This any other provision of law, no person is collection of information is necessary The Paperwork Reduction Act of 1995 required to respond to, nor shall any for the proper performance and (44 U.S.C. 3501 et seq.) (‘‘PRA’’) person be subject to a penalty for failure functions of EDA. The proposed rule requires that a Federal agency consider to comply with a collection of does not include a new information the impact of paperwork and other information subject to the PRA unless collection requirement and will, thus, information collection burdens imposed that collection displays a currently valid use the previously approved ED–840p on the public and, under the provisions OMB Control Number. form to collect information relevant to a of PRA § 3507(d), obtain approval from The following table provides the only petition for certification of eligibility for OMB for each collection of information collection of information (and trade adjustment assistance. it conducts, sponsors, or requires corresponding OMB Control Numbers)

Part or section of this proposed Nature of request Form/title/OMB control No. rule

315.7(b) ...... All firms seeking certification of eligibility to apply for trade adjustment assistance ED–840p, Petition by a firm for Certifi- must complete the ED–840p form, which provides EDA with the information cation of Eligibility to Apply for Trade needed to determine if a firm is eligible to apply for trade adjustment assistance. Adjustment Assistance (0610–0091).

List of Subjects 125 Stat. 401; Pub. L. 113–203; Pub. L. 114– following terms used in this part shall 27; Department of Commerce Delegation have the meanings set forth below: 13 CFR Part 302 Order 10–4. Adjustment Assistance means Community development, Grant ■ 6. Revise § 315.1 to read as follows: technical assistance provided to Firms programs-business, Grant programs- by TAACs under chapter 3 of title II of housing and community development, § 315.1 Purpose and Scope the Trade Act. The type of assistance Technical assistance. Chapter 3 of title II of the Trade Act provided is determined by EDA and of 1974 (19 U.S.C. 2341–2355) 13 CFR Part 315 may include one or more of the establishes the responsibilities of the following: Administrative practice and Secretary of Commerce concerning the (1) Assistance in preparing a Firm’s procedure, Community development, Trade Adjustment Assistance for Firms petition for certification of eligibility; Grant programs-business, Reporting and (TAAF) program. The regulations in this (2) Assistance to a Certified Firm in recordkeeping requirements, Trade part lay out those responsibilities as developing an Adjustment Proposal for adjustment assistance. delegated to EDA by the Secretary. EDA the Firm; and For the reasons discussed above, EDA executes these responsibilities through (3) Assistance to a Certified Firm in proposes to amend 13 CFR, chapter III cooperative agreements that support a implementing an Adjustment Proposal. as follows: network of Trade Adjustment Adjustment Proposal means a Assistance Centers (TAACs). The Certified Firm’s plan for improving the PART 302—GENERAL TERMS AND TAACs assist Firms in petitioning EDA Firm’s competitiveness in the CONDITIONS FOR INVESTMENT for certification of eligibility to receive marketplace. ASSISTANCE Adjustment Assistance. EDA certifies * * * * * ■ 1. The authority citation of part 302 the eligibility of Firms. The TAACs then Decreased Absolutely means a firm’s continues to read as follows: provide Adjustment Assistance to Firms sales or production has declined by a through the development and minimum of five percent relative to its Authority: 19 U.S.C. 2341 et seq.; 42 U.S.C. implementation of Adjustment 3150; 42 U.S.C. 3152; 42 U.S.C. 3153; 42 sales or production during the Proposals. applicable prior time period, and this U.S.C. 3192; 42 U.S.C. 3193; 42 U.S.C. 3194; ■ 7. Amend § 315.2 by: decline is: 42 U.S.C. 3211; 42 U.S.C. 3212; 42 U.S.C. ■ 3216; 42 U.S.C. 3218; 42 U.S.C. 3220; 42 a. Revising the introductory paragraph; * * * * * U.S.C. 5141; 15 U.S.C. 3701; Department of Directly Competitive or Like means Commerce Delegation Order 10–4. ■ b. Revising the definitions for ‘‘Adjustment Assistance’’, ‘‘Adjustment imported articles or services that § § 302.4 and 302.5 [Removed] Proposal’’, ‘‘Decreased Absolutely’’, and compete with and are substantially ■ 2. Remove §§ 302.4 and 302.5. ‘‘Directly Competitive’’; equivalent for commercial purposes ■ c. Amending the definition of ‘‘Firm’’ (i.e., are adapted for the same function § 302.11 [Removed] by revising the introductory text and or use and are essentially ■ 3. Remove § 302.11. paragraph (4); interchangeable) as the Firm’s articles or ■ d. Revising the definitions of services. For the purposes of this term, § 302.14 [Removed] any Firm that engages in exploring or ■ 4. Remove § 302.14. ‘‘Increase in Imports’’, ‘‘Partial Separation’’, ‘‘Service Sector Firm’’, and drilling for oil or natural gas, or otherwise produces oil or natural gas, PART 315—TRADE ADJUSTMENT ‘‘Total Separation’’; and shall be considered to be producing ASSISTANCE FOR FIRMS ■ c. Adding in alphabetical order a definition for ‘‘Unjustifiable Benefits’’. articles directly competitive with ■ 5. Revise the authority citation of part The revisions and additions read as imports of oil and with imports of 315 to read as follows: follows: natural gas. Authority: 19 U.S.C. 2341 et seq., as Firm means an individual § 315.2 Definitions amended by Division B, Title I, Subtitle I, proprietorship, partnership, joint Part II of Pub. L. 111–5, 42 U.S.C. 3211; Pub. In addition to the defined terms set venture, association, corporation L. 111–344, 124 Stat. 3611; Pub. L. 112–40, forth in § 300.3 of this chapter, the (includes a development corporation),

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business trust, cooperative, trustee in § § 315.4 and 315.5 [Amended] accordance with this part either through bankruptcy or receiver under court ■ 8. Transfer §§ 315.4 and 315.5 from their own staffs or by arrangements with decree, and includes fishing, subpart A to subpart B; outside consultants. Information agricultural or service sector entities ■ 9. Revise subparts B through E and concerning TAACs and their coverage and those which explore, drill or add subpart F to read as follows: areas may be obtained from the TAAC otherwise produce oil or natural gas. Subpart B—TAAC Provisions website at http://www.taacenters.org or See also the definition of Service Sector from EDA at http://www.eda.gov. Firm. Pursuant to section 259 of chapter Sec. (b) Prior to submitting a petition for 315.4 TAAC Selection and Operation 3 of title II of the Trade Act (19 U.S.C. 315.5 The Role and Geographic Coverage of Adjustment Assistance to EDA, a Firm 2351), a Firm, together with any the TAACs should determine the extent to which a predecessor or successor firm, or any TAAC can provide the required affiliated firm controlled or Subpart C—Certification of Firms Adjustment Assistance. EDA will substantially beneficially owned by Sec. provide Adjustment Assistance through substantially the same person, may be 315.6 Certification Requirements TAACs whenever EDA determines that considered a single Firm where 315.7 Processing Petitions for Certification such assistance can be provided most necessary to prevent Unjustifiable 315.8 Hearings effectively in this manner. Requests for 315.9 Loss of Certification Benefits Benefits. For purposes of receiving 315.10 Appeals, Final Determinations and Adjustment Assistance will be made benefits under this part, when a Firm Termination of Certification through TAACs. owns or controls other Firms, the Firm (c) A TAAC generally provides and such other Firms may be considered Subpart D—Adjustment Proposals Adjustment Assistance by: a single Firm when they produce or Sec. (1) Helping a Firm to prepare its supply like or Directly Competitive 315.11 Adjustment Proposal Process petition for eligibility certification; and articles or services or are exerting 315.12 Adjustment Proposal Requirements (2) Assisting Certified Firms with essential economic control over one or Subpart E—Protective Provisions diagnosing their strengths and weaknesses, and with developing and more production facilities. Accordingly, Sec. such other Firms may include a(n): 315.13 Persons Engaged by Firms to implementing an Adjustment Proposal. (1) * * * Expedite Petitions and Adjustment (4) Subsidiary—a company (either Proposals. Subpart C—Certification of Firms foreign or domestic) that is wholly 315.14 Conflicts of Interest § 315.6 Certification Requirements. owned or effectively controlled by Subpart F—International Trade Commission (a) General. Firms apply for another company. A Firm that has been Investigations certification through a TAAC by acquired by another Firm but which Sec. completing a petition for certification. maintains operations independent of the 315.15 Affirmative Findings. The TAAC will assist Firms in acquiring Firm is considered an completing such petitions at no cost to Independent Subsidiary and may be Subpart B—TAAC Provisions the Firms. EDA evaluates Firms’ considered separately from the petitions based on the requirements set acquiring Firm as eligible for TAAF § 315.4 TAAC Selection and Operation. forth in § 315.7. EDA may certify a Firm assistance. (a) EDA solicits applications from as eligible to apply for Adjustment Increase in Imports means an increase organizations interested in operating a Assistance under section 251(c) of the in imports of Directly Competitive or TAAC through Notice of Funding Trade Act (19 U.S.C. 2341) if it Like Articles or Services with articles Opportunity announcements laying out determines that the petition for produced or services supplied by a selection and award criteria. The certification meets one of the minimum Firm. following entities are eligible to apply: certification thresholds set forth in * * * * * (1) Universities or affiliated organizations; paragraph (b) of this section. In order to Partial Separation occurs when there be certified, a Firm must meet the has been no increase in overall (2) States or local governments; or (3) Non-profit organizations. criteria listed under any one of the 5 employment at the Firm and either of circumstances described in paragraph the following applies: (b) Entities selected to operate the TAACs are awarded cooperative (b) of this section. * * * * * agreements and work closely with EDA (b) Minimum certification thresholds. Service Sector Firm means a Firm and import-impacted firms. TAAC (1) Twelve-month decline. Based upon a engaged in the business of supplying cooperative agreements are subject to all comparison of the most recent 12-month services. Federal laws and to Federal, period for which data are available and * * * * * Department, and EDA policies, the immediately preceding twelve- Total Separation means the laying off regulations, and procedures applicable month period: or termination of employment of an to Federal financial assistance awards, (i) A Significant Number or employee in a Firm for lack of work. including 2 CFR part 200, Uniform Proportion of Workers in the Firm has Unjustifiable Benefits means Administrative Requirements, Cost undergone Total or Partial Separation or Adjustment Assistance inappropriately Principles, and Audit Requirements for a Threat of Total or Partial Separation; accruing to the benefit of: Federal Awards. (ii) Either sales or production, or both, (1) Other Firms that would not of the Firm has Decreased Absolutely; or otherwise be eligible when provided to § 315.5 The Role and Geographic sales or production, or both, of any a Firm; or Coverage of the TAACs. article or service that accounted for not (2) Any predecessor or successor (a) TAACs are available to assist less than 25 percent of the total Firm, or any affiliated Firm controlled Firms in obtaining Adjustment production or sales of the Firm during or substantially beneficially owned by Assistance in all 50 U.S. States, the the 12-month period preceding the most substantially the same person, rather District of Columbia and the recent 12-month period for which data than treating these entities as a single Commonwealth of Puerto Rico. TAACs are available have Decreased Firm. provide Adjustment Assistance in Absolutely; and

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(iii) An Increase in Imports has immediately preceding 12-month the following information about such Contributed Importantly to the period; Firm: applicable Total or Partial Separation or (ii) During the same base and (1) Identification and description of Threat of Total or Partial Separation, comparative period of time as sales or the Firm, including legal form of and to the applicable decline in sales or production has Decreased Absolutely, a organization, economic history, major production or supply of services. Significant Number or Proportion of ownership interests, officers, directors, (2) Twelve-month versus twenty-four Workers in such Firm has undergone management, parent company, month decline. Based upon a Total or Partial Separation or a Threat Subsidiaries or Affiliates, and comparison of the most recent 12-month of Total or Partial Separation; and production and sales facilities; period for which data are available and (iii) During the same base and (2) Description of goods or services the immediately preceding 24-month comparative period of time as sales or supplied or sold; period: production has Decreased Absolutely, (3) Description of imported Directly (i) A Significant Number or an Increase in Imports has Contributed Competitive or Like Articles or Services Proportion of Workers in the Firm has Importantly to the applicable Total or with those produced or supplied; undergone Total or Partial Separation or Partial Separation or Threat of Total or (4) Data on its sales, production and a Threat of Total or Partial Separation; Partial Separation, and to the applicable employment for the applicable 24- (ii) Either average annual sales or decline in sales or production or supply month, 36-month, or 48-month period, production, or both, of the Firm has of services. as required under § 315.6(b); (5) One copy of a complete auditor’s Decreased Absolutely; or average annual (5) Interim employment decline. sales or production, or both, of any certified financial report for the entire Based upon an interim employment period covering the petition, or if not article or service that accounted for not decline: less than 25 percent of the total available, one copy of the complete (i) A Significant Number or production or sales of the Firm during profit and loss statements, balance Proportion of Workers in such Firm has the 24-month period preceding the most sheets and supporting statements undergone Total or Partial Separation or recent 12-month period for which data prepared by the Firm’s accountants for a Threat of Total or Partial Separation are available have Decreased the entire period covered by the during, at a minimum, the most recent Absolutely; and petition. In addition, publicly-owned (iii) An Increase in Imports has six-month period during the most recent corporations should also submit copies Contributed Importantly to the 12-month period for which data are of the most recent Form 10–K annual applicable Total or Partial Separation or available as compared to the same six- reports (or Form 10–Q quarterly reports, Threat of Total or Partial Separation, month period during the immediately as appropriate) filed with the U.S. and to the applicable decline in sales or preceding 12-month period; and Securities and Exchange Commission production or supply of services. (ii) Either sales or production of the for the entire period covered by the (3) Twelve-month versus thirty-six Firm has Decreased Absolutely during petition. month decline. Based upon a the 12-month period preceding the most (6) Information concerning customers comparison of the most recent 12-month recent 12-month period for which data accounting for a significant percent of period for which data are available and are available; and the Firm’s decline and the customers’ the immediately preceding 36-month (iii) An Increase in Imports has purchases (or the Firm’s unsuccessful period: Contributed Importantly to the bids, if there are no customers fitting (i) A Significant Number or applicable Total or Partial Separation or this description); and Proportion of Workers in the Firm has Threat of Total or Partial Separation, (7) Such other information as EDA undergone Total or Partial Separation or and to the applicable decline in sales or considers material. a Threat of Total or Partial Separation; production or supply of services. (c) EDA shall determine whether the (ii) Either average annual sales or (c) EDA may consider as evidence of petition has been properly prepared and production, or both, of the Firm has an Increase in Imports a certification can be accepted. Promptly thereafter, Decreased Absolutely; or average annual from the Firm’s customers that account EDA shall notify the petitioner that the sales or production, or both, of any for a significant percentage of the Firm’s petition has been accepted or advise the article or service that accounted for not decrease in sales or production, that TAAC that the petition has not been less than 25 percent of the total they have increased their purchase of accepted, but may be resubmitted at any production or sales of the Firm during imports of Directly Competitive or Like time without prejudice when the the 36-month period preceding the most Articles or Services from a foreign specified deficiencies have been recent 12-month period for which data country, either absolutely or relative to corrected. Any resubmission will be are available have Decreased their acquisition of such Like Articles or treated as a new petition. Absolutely; and Services from suppliers located in the (d) EDA will publish a notice of (iii) An Increase in Imports has United States. Such certification from a acceptance of a petition in the Federal Contributed Importantly to the Firm’s customer must be submitted Register. applicable Total or Partial Separation or directly to a TAAC or to EDA. (e) EDA will initiate an investigation Threat of Total or Partial Separation, to determine whether the petitioner and to the applicable decline in sales or § 315.7 Processing Petitions for meets the requirements set forth in Certification. production or supply of services. section 251(c) of the Trade Act (19 (4) Interim sales or production (a) Firms shall consult with a TAAC U.S.C. 2341) and § 315.6. decline. Based upon an interim sales or for guidance and assistance in the (f) A petition for certification may be production decline: preparation of their petitions for withdrawn if EDA receives a request for (i) Sales or production has Decreased certification. withdrawal submitted by the petitioner Absolutely for, at minimum, the most (b) A Firm seeking certification shall before EDA makes a certification recent six-month period during the most complete a Petition by a Firm for determination or denial. A Firm may recent 12-month period for which data Certification of Eligibility to Apply for submit a new petition at any time are available as compared to the same Trade Adjustment Assistance (Form thereafter in accordance with the six-month period during the ED–840P or any successor form) with requirements of this section and § 315.6.

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(g) Following acceptance of a petition, Adjustment Assistance to a Firm for any (c) Whenever EDA determines that a EDA will: of the following reasons: Certified Firm no longer requires (1) Make a determination based on the (a) The Firm failed to submit an Adjustment Assistance or for other good Record as soon as possible after the acceptable Adjustment Proposal within cause, EDA will terminate the petitioning Firm or TAAC has submitted two years after date of certification. certification and promptly publish all requested material. In no event may While approval of an Adjustment notice of such termination in the the determination period exceed 40 Proposal may occur after the expiration Federal Register. The termination will calendar days from the date on which of such two-year period, a Firm must take effect on the date specified in the EDA accepted the petition; and submit an acceptable Adjustment published notice. EDA shall (2) Either certify the petitioner as Proposal before such expiration. immediately notify the petitioner and eligible to apply for Adjustment (b) The Firm failed to submit shall state the reasons for any Assistance or deny the petition. In documentation necessary to start termination. either event, EDA shall promptly give implementation or modify its request for written notice of action to the petitioner. Adjustment Assistance consistent with Subpart D—Adjustment Proposals Any written notice to the petitioner of its Adjustment Proposal within six § 315.11 Adjustment Proposal Process. a denial of a petition shall specify the months after approval of the Adjustment (a) Firms certified in accordance with reason(s) for the denial. A petitioner Proposal, where two years have elapsed the procedures described in §§ 315.6 shall not be entitled to resubmit a since the date of certification. If the and 315.7 must prepare an Adjustment petition within one year from the date Firm anticipates needing a longer period Proposal and submit it to EDA for of denial unless EDA waives the one- to submit documentation, it should approval within two years after the date year limitation for good cause. indicate the longer period in its of Certification. § 315.8 Hearings. Adjustment Proposal. If the Firm is unable to submit its documentation (b) EDA determines whether to EDA will hold a public hearing on an within the allowed time, it should approve the Adjustment Assistance accepted petition if the petitioner or any notify EDA in writing of the reasons for requested in the Adjustment Proposal interested Person found by EDA to have the delay and submit a new schedule. based upon the evaluation criteria set a Substantial Interest in the proceedings EDA has the discretion to accept or forth in § 315.12 of this subpart. Upon submits a request for a hearing no later refuse a new schedule. approval, a Certified Firm may submit a than 10 calendar days after the date of request to the TAAC for Adjustment (c) EDA has denied the Firm’s request publication of the notice of acceptance Assistance to implement an approved for Adjustment Assistance, the time in the Federal Register, under the Adjustment Proposal. Firms must begin period allowed for the submission of following procedures: implementation within six months after any documentation in support of such (a) The petitioner or any interested approval. Firms that do not begin request has expired, and two years have Person(s) shall have an opportunity to implementation within six months after elapsed since the date of certification. be present, to produce evidence and to approval must update, re-submit their be heard. (d) The Firm failed to diligently Adjustment Proposal, and request re- (b) A request for public hearing must pursue an approved Adjustment approval before any Adjustment be delivered by hand or by registered Proposal, and five years have elapsed Assistance may be provided. since the date of certification. mail to EDA. A request by a Person (c) EDA will make a determination other than the petitioner shall contain: § 315.10 Appeals, Final Determinations regarding the Adjustment Proposal no (1) The name, address and telephone and Termination of Certification. later than 60 calendar days upon receipt number of the Person requesting the (a) Any petitioner may appeal in of the Adjustment Proposal. hearing; and (d) Adjustment Assistance is subject (2) A complete statement of the writing to EDA from a denial of certification, provided that EDA to the following matching share relationship of the Person requesting the requirements: hearing to the petitioner and the subject receives the appeal by personal delivery (1) Each Certified Firm must pay at matter of the petition, and a statement or by registered mail within 60 calendar least 25 percent of the cost of preparing of the nature of the requesting party’s days from the date of notice of denial its Adjustment Proposal. Each Certified interest in the proceedings. under § 315.7(g). The appeal must state Firm requesting $30,000 or less in total (c) If EDA determines that the the grounds on which the appeal is Adjustment Assistance in its approved requesting party does not have a based, including a concise statement of Adjustment Proposal must pay at least Substantial Interest in the proceedings, the supporting facts and applicable law. 25 percent of the cost of that a written notice of denial shall be sent The decision of EDA on the appeal shall Adjustment Assistance. Each Certified to the requesting party. The notice shall be the final determination within the Firm requesting more than $30,000 in specify the reasons for the denial. Department. In the absence of an appeal (d) If EDA determines that the by the petitioner under this paragraph, total Adjustment Assistance in its requesting party does have a Substantial the determination under § 315.7(g) shall approved Adjustment Proposal must Interest in the proceedings, EDA shall be final. pay at least 50 percent of the cost of that publish a notice of a public hearing in (b) A Firm, its representative or any Adjustment Assistance. Certified Firms the Federal Register, containing the other interested domestic party may request no more than the amount subject matter, name of petitioner, and aggrieved by a final determination as established by EDA for total date, time and place of the hearing. under paragraph (a) of this section may, Adjustment Assistance over the entire (e) EDA shall appoint a presiding within 60 calendar days after notice of lifetime of the firm. officer for the hearing who shall such determination, begin a civil action (e) Firms may request EDA approval respond to all procedural questions. in the United States Court of to amend their Adjustment Plans within International Trade for review of such two years from the date of EDA approval § 315.9 Loss of Certification Benefits. determination, in accordance with of their initial Adjustment Plan. EDA may terminate a Firm’s section 284 of the Trade Act (19 U.S.C. (f) Firms must complete certification or refuse to extend 2395). implementation of their Adjustment

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Plans within five years of EDA approval becoming more competitive in the Dated: August 12, 2019. of their initial Adjustment Plan. global marketplace. For this purpose, John Fleming, (g) If a Certified Firm is transferred, Adjustment Assistance generally Assistant Secretary of Commerce for sold, or otherwise acquired by another consists of knowledge-based services Economic Development. Firm during the five-year period of such as market penetration studies, [FR Doc. 2019–17710 Filed 8–16–19; 8:45 am] Adjustment Assistance, the Firm must customized business improvements, and BILLING CODE 3510–24–P notify EDA no later than 30 calendar designs for new products. Adjustment days following the transfer, sale, or Assistance does not include acquisition. EDA will then make a expenditures for capital improvements DEPARTMENT OF TRANSPORTATION determination as to whether the Firm or for the purchase of business remains eligible for Adjustment machinery or supplies. Federal Aviation Administration Assistance. EDA will make this determination no later than 60 calendar Subpart E—Protective Provisions 14 CFR Part 25 days following notification by the Firm. § 315.13 Persons Engaged by Firms to (h) In accordance with Section 255A [Docket No. FAA–2019–0330; Notice No. 25– Expedite Petitions and Adjustment 19–05–SC] of chapter 3 of title II of the Trade Act Proposals. (19 U.S.C. 2345a), Firms that receive Special Conditions: The Boeing EDA will provide no Adjustment Adjustment Assistance must provide Company Model 777–9 Series Airplane; Assistance to any Firm unless the data regarding the Firms’ sales, Overhead Flight Attendant Rest owners, partners, members, directors or employment, and productivity upon Compartment completion of the program and each officers thereof certify in writing to year for the two-year period following EDA: AGENCY: Federal Aviation completion. (a) The names of any attorneys, Administration (FAA), DOT. agents, and other Persons engaged by or ACTION: § 315.12 Adjustment Proposal Notice of proposed special Requirements. on behalf of the Firm for the purpose of conditions. expediting Petitions for such EDA evaluates Adjustment Proposals Adjustment Assistance or Adjustment SUMMARY: This action proposes special based on the following: Proposals; and conditions for The Boeing Company (a) The Adjustment Proposal must (Boeing) Model 777–9 series airplane. include a description of any Adjustment (b) The fees paid or to be paid to any such Person. This airplane will have a novel or Assistance requested to implement such unusual design feature when compared proposal, including financial and other § 315.14 Conflicts of Interest. to the state of technology envisioned in supporting documentation as EDA the airworthiness standards for EDA will provide no Adjustment determines is necessary, based upon transport category airplanes. This design Assistance to any Firm under this part either: feature is associated with the unless the owners, partners, members, (1) An analysis of the Firm’s installation of an overhead flight directors or officers thereof execute an problems, strengths and weaknesses and attendant rest (OFAR) compartment. agreement binding them and the Firm an assessment of its prospects for The applicable airworthiness for a period of two years after such recovery; or regulations do not contain adequate or Adjustment Assistance is provided, to (2) If EDA so determines, other appropriate safety standards for this refrain from employing, tendering any available information; design feature. These proposed special office or employment to, or retaining for (b) The Adjustment Proposal must: conditions contain the additional safety professional services any Person who, (1) Be reasonably calculated to standards that the Administrator on the date such assistance or any part contribute materially to the economic considers necessary to establish a level thereof was provided, or within one adjustment of the Firm (i.e., that such of safety equivalent to that established year prior thereto, shall have served as proposal will constructively assist the by the existing airworthiness standards. Firm to establish a competitive position an officer, attorney, agent, or employee in the same or a different industry); occupying a position or engaging in DATES: Send comments on or before (2) Give adequate consideration to the activities which involved discretion October 3, 2019. interests of a sufficient number of with respect to the provision of such ADDRESSES: Send comments identified separated workers of the Firm, by Adjustment Assistance. by Docket No. FAA–2019–0330 using providing, for example, that the Firm any of the following methods: will: Subpart F—International Trade • Federal eRegulations Portal: Go to (i) Give a rehiring preference to such Commission Investigations http://www.regulations.gov/ and follow the online instructions for sending your workers; § 315.15 Affirmative Findings. (ii) Make efforts to find new work for comments electronically. a number of such workers; and Whenever the International Trade • Mail: Send comments to Docket (iii) Assist such workers in obtaining Commission makes an affirmative Operations, M–30, U.S. Department of benefits under available programs; and finding under section 202(b) of the Transportation (DOT), 1200 New Jersey (3) Demonstrate that the Firm will Trade Act (19 U.S.C. 2252) that Avenue SE, Room W12–140, West make all reasonable efforts to use its increased imports are a substantial Building Ground Floor, Washington, DC own resources for its recovery, though cause of serious injury or threat thereof 20590–0001. under certain circumstances, resources with respect to an industry or under • Hand Delivery or Courier: Take of related Firms or major stockholders sections 705 or 735 of the Tariff Act (19 comments to Docket Operations in will also be considered; and U.S.C. 1671d, 1673d), EDA will notify Room W12–140 of the West Building (c) The Adjustment Assistance the TAACs and provide expedited Ground Floor at 1200 New Jersey identified in the Adjustment Proposal review of petitions and Adjustment Avenue SE, Washington, DC, between 9 must consist of specialized consulting Plans from Firms within the specified a.m. and 5 p.m., Monday through services designed to assist the Firm in industry. Friday, except Federal holidays.

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• Fax: Fax comments to Docket Type Certification Basis the main passenger cabin seating area, Operations at 202–493–2251. Under the provisions of title 14, Code and below the passenger cabin seating Privacy: The FAA will post all of Federal Regulations (14 CFR) 21.101, area within the cargo compartment. In comments it receives, without change, Boeing must show that the Model 777– each case, the Administrator determined to http://www.regulations.gov/, 9 series airplane continues to meet the that the applicable regulations did not provide all of the necessary including any personal information the applicable provisions of part 25, as requirements because each installation commenter provides. Using the search amended by amendments 25–1 through had unique features by virtue of its function of the docket website, anyone 25–139, and parts 26, 34, and 36, and design, location, and use on the can find and read the electronic form of the regulations listed in Type Certificate airplane. all comments received into any FAA No. T00001SE or the applicable docket, including the name of the When the Administrator finds that the regulations in effect on the date of applicable airworthiness regulations do individual sending the comment (or application for the change, except for signing the comment for an association, not contain adequate or appropriate earlier amendments as agreed upon by safety standards because of a novel or business, labor union, etc.). DOT’s the FAA. complete Privacy Act Statement can be unusual design feature, special If the Administrator finds that the conditions are prescribed under the found in the Federal Register published applicable airworthiness regulations on April 11, 2000 (65 FR 19477–19478). provisions of § 21.16. The special (i.e., 14 CFR part 25) do not contain conditions contain safety standards that Docket: Background documents or adequate or appropriate safety standards comments received may be read at the Administrator considers necessary for the Boeing Model 777–9 series to establish a level of safety equivalent http://www.regulations.gov/ at any time. airplane because of a novel or unusual Follow the online instructions for to that established by the existing design feature, special conditions are airworthiness standards. accessing the docket or go to Docket prescribed under the provisions of Operations in Room W12–140 of the For the Boeing Model 777–9 series § 21.16. airplane, the OFAR compartment is West Building Ground Floor at 1200 Special conditions are initially New Jersey Avenue SE, Washington, located in the overhead space, above the applicable to the model for which they main passenger cabin seating area, DC, between 9 a.m. and 5 p.m., Monday are issued. Should the type certificate through Friday, except Federal holidays. adjacent to Door 5. The OFAR for that model be amended later to compartment will contain six, eight, or FOR FURTHER INFORMATION CONTACT: include any other model that ten private berths depending upon Shannon Lennon, Airframe and Cabin incorporates the same novel or unusual customer configuration. Additionally, Safety Section, AIR–675, Transport design feature, these special conditions only trained crewmembers will occupy Standards Branch, Policy and would also apply to the other model the OFAR compartment in flight, not Innovation Division, Aircraft under § 21.101. during taxi, takeoff, or landing. Certification Service, Federal Aviation In addition to the applicable Crewmembers will access the OFAR Administration, 2200 South 216th airworthiness regulations and special compartment from the main deck by Street, Des Moines, Washington 98198; conditions, the Boeing Model 777–9 stairs through a vestibule. In addition, a telephone and fax 206–231–3209; email series airplane must comply with the secondary evacuation route, which [email protected]. fuel vent and exhaust emission opens directly into the main passenger SUPPLEMENTARY INFORMATION: requirements of 14 CFR part 34 and the seating area, will be available as an noise certification requirements of 14 Comments Invited alternate route for evacuating occupants CFR part 36. of the compartment. The compartment We invite interested people to take The FAA issues special conditions, as will provide a smoke detection system, part in this rulemaking by sending defined in 14 CFR 11.19, in accordance an oxygen system, and occupant written comments, data, or views. The with § 11.38, and they become part of amenities. most helpful comments reference a the type certification basis under This Boeing Model 777–9 series specific portion of the special § 21.101. airplane OFAR compartment is unique conditions, explain the reason for any to part § 25.853 (a), (e), and (h) due to recommended change, and include Novel or Unusual Design Features its design, location, and use on the supporting data. The Boeing Model 777–9 series airplane. This compartment is We will consider all comments we airplane will incorporate the following particularly unique in that it is located receive by the closing date for novel or unusual design features: in the overhead area of the passenger comments. We may change these special This airplane will have an installation compartment and crewmembers may conditions based on the comments we of an OFAR compartment. The OFAR occupy this compartment for crew rest receive. compartment of the Boeing Model 777– purposes during flight. Due to the novel 9 series airplane is unique to part 25 or unusual features associated with the Background due to its design, location, and use on installation of this compartment, the On April 24, 2018, The Boeing the airplane. This compartment is FAA considers special conditions Company applied for an amendment to particularly unique in that it is located necessary to provide a level of safety Type Certificate No. T00001SE to in the overhead area of the passenger equal to that established by the include the new Model 777–9 series compartment and crewmembers may airworthiness regulations incorporated airplane. The Boeing Model 777–9 occupy this compartment for crew rest by reference in the G–1 Issue Paper for series airplane, which is a derivative of purposes during flight. the Boeing Model 777–9 series airplane. the 777–300ER currently approved Boeing originally requested that under Type Certificate No. T00001SE, is Discussion Special Conditions No. 25–230–SC (68 a twin-engine, transport category Boeing has previously installed FR 17513, April 9, 2003) for the OFAR airplane with seating for up to 495 certified OFAR compartments on Boeing compartment be made applicable to the passengers depending upon airplane Model 777 series airplanes in varied Boeing Model 777–9 series airplane via configuration, and a maximum takeoff locations, such as the main passenger collector issue paper. Subsequent to the weight of approximately 775,000 lbs. seating area, the overhead space above issuance of Special Conditions No. 25–

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230–SC, the FAA issued Special entrance to the OFAR compartment to 2. Emergency Evacuation Routes. At Conditions No. 25–419–SC (76 FR indicate: least two emergency evacuation routes 10482, February 25, 2011), for OFAR (1) The maximum number of must be available for occupants of the compartments allowed to be occupied occupants allowed during flight. OFAR compartment to evacuate rapidly during flight on Boeing Model 787 (2) Occupancy is restricted to to the main cabin. OFAR compartment series airplanes. In consideration of crewmembers who are trained in the doors must be able to close these these special conditions, which reflect evacuation procedures for the OFAR evacuation routes from the main the current methodology for addressing compartment. passenger cabin after evacuation. In remote OFAR compartments, new (3) Occupancy is prohibited during addition— special conditions are proposed for the taxi, take-off, and landing. a. These routes must be located with Boeing Model 777–9 series airplanes. (4) Smoking is prohibited in the sufficient separation within the OFAR The proposed special conditions OFAR compartment. compartment to minimize the contain the additional safety standards (5) That stowage in the OFAR possibility of an event either inside or that the Administrator considers compartment must be limited to outside of the OFAR compartment necessary to establish a level of safety emergency equipment, airplane- rendering both routes inoperative. equivalent to that established by the supplied equipment (e.g., bedding), and b. The routes must be designed to existing airworthiness standards. crew personal luggage; the stowage of minimize the possibility of blockage, Applicability cargo and passenger baggage is not which might result from fire, allowed. mechanical or structural failure, or As discussed above, these special b. At least one ashtray must be located persons standing below or against the conditions are applicable to the Boeing on both the inside and the outside of OFAR compartment outlets. Model 777–9 series airplane. Should any entrance to the OFAR compartment. c. One of the two OFAR evacuation Boeing apply at a later date for a change c. A limitation in the airplane flight routes should not be located where to the type certificate to include another manual, or other means, must be egress from the OFAR compartment may model incorporating the same novel or established to restrict occupancy to be impeded, during times when normal unusual design feature, these special crewmembers, which the pilot in movement or occupancy is allowed, or conditions would apply to that model as command has determined to be trained evacuation by passengers occurs (for well. in the emergency procedures for the example, the main aisle, cross aisle, or Conclusion OFAR compartment. galley complex). If an evacuation route d. A limitation in the airplane flight is in an area where normal movement of This action affects only certain novel manual, or other means, must be passengers occurs, it must be or unusual design features on one model established to restrict occupancy to demonstrated that passengers would not series airplane. It is not a rule of general crewmembers that have received impede egress to the main deck. applicability. training to be able to rapidly use the d. If low headroom is at or near the List of Subjects in 14 CFR Part 25 evacuation routes of the OFAR evacuation route, provisions must be Aircraft, Aviation safety, Reporting compartment. made to prevent or to protect occupants and recordkeeping requirements. e. A means must be in place for any of the OFAR compartment from head door installed between the OFAR injury. Authority Citation compartment and the passenger cabin to e. Use of evacuation routes must not The authority citation for these be quickly opened from inside the depend on any powered device. special conditions is as follows: compartment, even when crowding f. If an OFAR compartment outlet is occurs at each side of the door. over an area of passenger seats, a Authority: 49 U.S.C. 106(f), 106(g), 40113, maximum of five passengers may be 44701, 44702, 44704. f. For all doors installed in the OFAR compartment, a means must be in place displaced from their seats temporarily The Proposed Special Conditions that precludes anyone from being during the process of evacuating an Accordingly, the Federal Aviation trapped inside the OFAR compartment. incapacitated person(s). Administration (FAA) proposes the If a manufacturer or operator installs a g. If an evacuation procedure involves following special conditions as part of locking mechanism on a door, it must be the evacuee stepping on seats, the seats the type certification basis for Boeing capable of being unlocked from the must not be damaged to the extent that Model 777–9 series airplane. outside without the aid of special tools. they would not be acceptable for The lock must not prevent opening from occupancy during an emergency Overhead Flight Attendant Rest (OFAR) the inside of the OFAR compartment at landing. Special Conditions any time. h. OFAR compartment emergency 1. OFAR Compartment Occupancy. g. The means of opening doors and evacuation procedures—including Occupancy of the OFAR compartment is hatches to the OFAR compartment must procedures for emergency evacuation of limited to the total number of installed be simple and obvious. Crewmembers an incapacitated occupant from the bunks and seats in each compartment. must be able to close OFAR OFAR compartment—must be An approved seat or berth—able to compartment doors and hatches from established. The applicant must withstand the maximum flight loads the main passenger cabin. Doors or transmit all of these procedures to each when occupied for each occupant hatches that separate the OFAR operator for incorporation into its permitted in the OFAR compartment— compartment from the main deck must training programs and appropriate must be available. Maximum occupancy not adversely affect evacuation of operational manuals in the OFAR compartment is six, eight, occupants on the main deck, for i. A limitation must be included in or ten crewmembers during flight example, by slowing evacuation by the airplane flight manual, or other depending upon customer encroaching into aisles, or causing suitable means, to require that configuration. injury to those occupants during crewmembers are trained in the use of a. Appropriate placards must be opening of doors, or while doors are the OFAR compartment evacuation located inside and outside each opened. routes.

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3. Evacuation of Incapacitated Person. d. The emergency illumination level provide a level of safety equivalent that A means must be available for must be sufficient, with the privacy is provided to occupants of an isolated evacuating an incapacitated person curtains in the closed position, for each galley, the following equipment must be (representative of a 95th percentile occupant of the OFAR compartment to provided in the OFAR compartment: male) from the OFAR compartment to locate a deployed oxygen mask required a. Two PBE devices suitable for the passenger cabin floor. by Special Condition 13 of these special firefighting, or one PBE for each hand- 4. Exit Signs and Placards. The conditions. held fire extinguisher, whichever is applicant must provide the following 6. Two-Way Voice Communications. greater. All PBE devices must be exit signs and placards in the OFAR A means must be available for two-way approved to Technical Standard Order compartment, which meet the following voice communications between (TSO)-C116 or equivalent. criteria: crewmembers on the flight deck and b. At least one approved, hand-held a. At least one exit sign, located near occupants of the OFAR compartment. fire extinguisher appropriate for the each OFAR compartment outlet, a. Two-way communications must kinds of fires likely to occur. meeting the emergency lighting also be available between occupants of c. One flashlight. requirements of § 25.812(b)(1)(i). the OFAR compartment and each flight Note: Additional PBE devices and fire b. One allowable exception is an exit attendant station in the passenger cabin extinguishers in specific locations, beyond sign having a reduced background area that is required per § 25.1423(g) to have the minimum numbers prescribed in Special of no less than 5.3 square inches a microphone for the public address Condition 9, may be required as a result of (excluding the letters) that is installed system. the egress analysis accomplished to satisfy where the material surrounding the exit b. The public address system must be Special Condition 2(a) of these special conditions. sign is light in color (such as white, able to communicate the relevant safety cream, or light beige). information to the crewmembers in the 10. Smoke and fire detection system. c. If the material surrounding the exit OFAR compartment (for example, fire in Smoke and fire detection system(s) must sign is not light in color, a sign with a flight, aircraft depressurization, and be provided that monitor each minimum of a one-inch-wide preparation of the compartment for occupiable area within the OFAR background border around the letters is landing). compartment, including those areas acceptable. Another allowable exception 7. Emergency Alarm System. A means partitioned by curtains or doors. The in an OFAR compartment is a sign with must be available for manual activation applicant must conduct flight tests to a symbol that the FAA has determined of an aural emergency alarm system, show compliance with this requirement. to be equivalent for use as an exit sign audible during normal and emergency Each smoke or fire detection system(s) that meets § 25.811(d). conditions that enable crewmembers on must provide: d. An appropriate placard for general the flight deck and at each pair of the a. A visual indication to the flight access located conspicuously on or near required floor-level emergency exits to deck within one minute after the start of each OFAR compartment door or hatch alert occupants of the OFAR a fire. that defines the location and the compartment of an emergency. The use b. An aural warning in the OFAR operating instructions for access to and of a public address or crew interphone compartment. operation of the outlet door or hatch. system is acceptable, provided an c. An aural or visual warning in the e. Placards must be readable from a adequate means of differentiating main passenger cabin. This warning distance of 30 inches under emergency between normal and emergency must be readily detectable by a flight lighting conditions. communications is incorporated. The attendant, taking into consideration the f. The door handles, hatch handles, system must be powered in flight and locations of flight attendants throughout and operating-instruction placards after the shutdown or failure of all the main passenger compartment during required by Special Condition 4(d) of engines and auxiliary power units for a various phases of flight. these special conditions must be period of at least ten minutes. 11. Built-in fire suppression system. illuminated to at least 160 micro 8. Seatbelt Fasten Signal. A signal, The OFAR compartment must be lamberts under emergency lighting readily detectable by seated or standing designed such that fires within the conditions. occupants of the OFAR compartment, compartment can be controlled without 5. Emergency Illumination. A means must be in place to indicate when seat a crewmember having to enter the must be available, in the event of failure belts should be fastened. compartment (i.e., built-in fire of the aircraft’s main power system, and a. If the OFAR compartment has no suppression system), or the design of of the normal OFAR compartment seats, at least one means must be the access provisions must allow lighting system, for emergency provided to cover anticipated crewmembers equipped for firefighting illumination to be automatically turbulence (e.g., sufficient handholds). to have unrestricted access to the provided for the OFAR compartment. b. Seatbelt-type restraints must be compartment. The time for a a. This emergency illumination must provided for berths and must be crewmember on the main deck to react be powered independent of the main compatible for the sleeping position to the fire alarm, to don the firefighting lighting system. during cruise conditions. equipment, and to gain access must not b. The sources of general cabin c. A placard on each berth must exceed the time for the compartment to illumination may be common to both require that these restraints be fastened become smoke-filled, making it difficult the emergency and the main lighting when occupied. to locate the fire source. The acceptable systems, if the power supply to the d. If compliance with any of the other duration that a built-in fire suppression emergency lighting system is requirements of these special conditions system can be maintained must be independent of the power supply to the predicates a specific head position, a verified by certification flight-testing. main lighting system. placard must identify that head 12. Hazardous Smoke and c. The emergency illumination level position. Extinguishing Agent. The applicant must be sufficient to allow occupants of 9. Protective Breathing Equipment must provide a means to prevent the OFAR compartment to locate and (PBE). In lieu of the requirements hazardous quantities of smoke or move to the main passenger cabin floor specified in § 25.1439(a) pertaining to extinguishing agent originating in the by means of each evacuation route. PBE in isolated compartments, and to OFAR compartment from entering the

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flight deck, passenger cabin, or any compartment and must sound to the primary stairway outlet. The exit other occupiable compartment. continuously for a minimum of five signs must be provided in each a. Small quantities of smoke may minutes or until a reset switch within separated section of the OFAR penetrate from the OFAR compartment the OFAR compartment is activated. compartment, except for curtained into other occupied areas during the (3) A visual alert that informs bunks, and must meet requirements of one-minute smoke detection time. occupants that they must don an oxygen § 25.812(b)(1)(i). An exit sign with b. Firefighting procedures must mask must be visible in each section. reduced background area or a symbolic ensure that crewmembers close all doors e. A means must be in place by which exit sign, as described in Special and hatches at the OFAR compartment oxygen masks in the OFAR Condition 4(a), may be used to meet this outlets after evacuation of the compartment can be manually deployed requirement. compartment and during firefighting to from the flight deck. d. For OFAR compartments that are minimize smoke and extinguishing f. The applicant must establish divided using an installation of a rigid agent entering other occupiable approved procedures for OFAR partition with a door separating the compartments. occupants in the event of sections, the following requirements of c. Hazardous quantities of smoke may decompression. The applicant must these special conditions must be met not enter any occupied compartment transmit these procedures must be with the door open or closed: while a crewmember accesses an OFAR transmitted to the operator for (1) A secondary evacuation route from compartment to manually fight a fire incorporation into its training programs each section to the main deck is there. The amount of smoke entrained and appropriate operational manuals. required, or alternatively, the applicant by a crewmember exiting the OFAR g. The supplemental oxygen system must show that any door between the compartment is not considered a for the OFAR compartment must meet sections precludes anyone from being hazardous amount. the same 14 CFR part 25 regulations for trapped inside a section of the d. Smoke entering any occupiable the supplemental oxygen system for the compartment. The applicant must compartment, when access to the OFAR passenger cabin occupants, except for consider removal of an incapacitated compartment is open for evacuation, the 10 percent additional masks occupant from within this area. A must dissipate within five minutes after requirement of 14 CFR 25.1447(c)(1). secondary evacuation route from a small the access to the OFAR compartment is h. The illumination level of the room designed for only one occupant for closed. normal OFAR compartment lighting a short time duration, such as a e. The applicant must conduct flight system must automatically be sufficient changing area or lavatory, is not tests to show compliance with this for each occupant of the compartment to required, but the applicant must requirement. locate a deployed oxygen mask. consider removal of an incapacitated 13. Supplemental Oxygen System. A 14. Divided OFAR Compartments. occupant from within such a small supplemental oxygen system within the The following requirements apply to room. OFAR compartment that supplies OFAR compartments that are divided (2) Any door between the sections oxygen in the event of decompression into several sections by the installation must be shown to be openable when must provide the following: of curtains or partitions: crowded against, even when crowding a. At least one oxygen mask for each a. A placard is required adjacent to occurs at each side of the door. seat and berth in the OFAR each curtain that visually divides or (3) No more than one door may be compartment. separates, for example, for privacy located between any seat or berth and b. If a destination area, such as a purposes, the OFAR compartment into the primary stairway door. changing area, is provided in the OFAR smaller sections. The placard must (4) In each section, exit signs meeting compartment, an oxygen mask must be require that the curtain(s) remains open requirements of § 25.812(b)(1)(i), or readily available for each occupant who when that section is unoccupied. The shown to have an equivalent level of can reasonably be expected to be in the vestibule section adjacent to the safety, must direct occupants to the destination area. The maximum number stairway is not considered a private primary stairway outlet. An exit sign of required oxygen masks within the section and, therefore, does not require with reduced background area or a destination area is limited to the a placard. placarded maximum occupancy of the b. For each section of the OFAR symbolic exit sign, as described in OFAR compartment. compartment created by the installation Special Condition 4(a), may be used to c. An oxygen mask must be readily of a curtain, the following requirements meet this requirement. accessible to each occupant who can of these special conditions must be met (5) Special Conditions 1 (no-smoking reasonably be expected to be moving with the curtain open or closed: placards), 5 (emergency illumination), 7 from the main cabin into the OFAR (1) No-smoking placard (Special (emergency alarm system), 8 (fasten- compartment, moving around within Condition 1), seatbelt signal or return to seat signal as the OFAR compartment, or moving from (2) Emergency illumination (Special applicable), 10 (smoke or fire detections the OFAR compartment to the main Condition 5), system), and 13 (oxygen system) must cabin. (3) Aural emergency alarm system be met with the door open or closed. d. The supplemental oxygen system (Special Condition 7), (6) Special Condition 6 (two-way must provide an aural and visual alert (4) Seatbelt-fasten signal or return-to- voice communication) and 9 to warn occupants of the OFAR seat signal as applicable (Special (Emergency firefighting and protective compartment to don oxygen masks in Condition 8), equipment) must be met independently the event of decompression. (5) Smoke or fire detection system for each separate section except for (1) The aural and visual alerts must requirement (Special Condition 10), and lavatories or other small areas that are activate concurrently with deployment (6) Oxygen system (Special Condition not intended to be occupied for of the oxygen masks in the passenger 13). extended periods of time. cabin. c. OFAR compartments that are 15. Waste Disposal Receptacle. If a (2) To compensate for sleeping divided by curtains to the extent that waste-disposal receptacle is fitted in the occupants, the aural alert must be heard evacuation could be adversely affected OFAR compartment, it must be in each section of the OFAR must have exit signs directing occupants equipped with an automatic fire

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extinguisher that meets the performance compartment requires the lavatory to described in table 1 of these special requirements of § 25.854(b). meet the same requirements as a conditions. Enclosed stowage 16. OFAR Compartment Materials. lavatory installed on the main deck compartments greater than 200 ft3 in Materials (including finishes or except with regard to Special Condition interior volume are not addressed by decorative surfaces applied to the 10 for smoke detection. this special condition. The in-flight materials) of OFAR compartments must accessibility of very large, enclosed, comply with flammability requirements 18. OFAR Compartment Stowage. Each stowage compartment in the OFAR stowage compartments and the of § 25.853(a) as amended by subsequent impact on the Amendment 25–116. Seat cushions and compartment, except for under seat crewmembers’ ability to effectively mattresses must comply with the compartments for occupant reach any part of the compartment with flammability requirements of § 25.853(c) convenience, must be completely as amended by Amendment 25–116 and enclosed. All enclosed stowage the contents of a hand-held fire- the test requirements of part 25, compartments within the OFAR extinguishing system will require appendix F, part II, or other equivalent compartment that are not limited to additional fire-protection considerations methods. stowage of emergency equipment or similar to those required for inaccessible 17. OFAR Compartment Lavatory. An airplane-supplied equipment (e.g., compartments such as Class C cargo addition of a lavatory within the OFAR bedding) must meet the design criteria compartments.

TABLE 1—DESIGN CRITERIA FOR ENCLOSED STOWAGE COMPARTMENTS NOT LIMITED TO STOWAGE OF EMERGENCY OR AIRPLANE-SUPPLIED EQUIPMENT

Applicability of fire protection requirements by interior volume Fire protection features 25 cubic feet to less 57 cubic feet to 200 Less than 25 cubic feet than 57 cubic feet cubic feet

Compliant Materials of Construction a ...... Yes ...... Yes ...... Yes. Smoke or Fire Detectors b ...... No ...... Yes ...... Yes. Liner c ...... No ...... Conditional ...... Yes. Fire Location Detector d ...... No ...... Yes ...... Yes.

a. Materials of Construction: The flammability requirements of a liner for CONSUMER PRODUCT SAFETY material used in constructing each a Class B cargo compartment (§ 25.855 COMMISSION enclosed stowage compartment must at at Amendment 25–116, and Appendix least be fire resistant and must meet the F, part I, paragraph (a)(2)(ii)), then no 16 CFR Chapter II flammability standards established for liner is required for enclosed stowage [Docket No. CPSC–2019–0020] interior components (i.e., 14 CFR part compartments equal to or greater than 25 Appendix F, Parts I, IV, and V) per 25 ft.3, but less than 57 ft.3 in interior Performance Requirements for the requirements of § 25.853. For volume. Residential Gas Furnaces and Boilers; compartments less than 25 ft.3 in Advance Notice of Proposed (2) For all enclosed stowage interior volume, the design must ensure Rulemaking the ability to contain a fire likely to compartments equal to or greater than 3 occur within the compartment under 57 ft. in interior volume, but less than AGENCY: Consumer Product Safety normal use. or equal to 200 ft.3, a liner must be Commission. b. Smoke or Fire Detectors: Enclosed provided that meets the requirements of ACTION: Advance notice of proposed stowage compartments equal to or § 25.855 for a Class B cargo rulemaking. exceeding 25 ft.3 in interior volume compartment. SUMMARY: The Consumer Product Safety must be provided with a smoke or fire d. Fire Location Detector: If an OFAR detection system to ensure that a fire Commission (Commission or CPSC) is compartment has enclosed stowage considering developing a rule to address can be detected within a one-minute 3 compartments exceeding 25 ft. interior the risk of injury and death associated detection time. The applicant must volume that are located separately from conduct flight tests to show compliance with carbon monoxide (CO) production the other stowage compartments central and leakage from residential gas with this requirement. Each smoke or location, such as the entry to the OFAR fire detection system(s) must provide: furnaces and boilers. This advance compartment or other common area, (1) A visual indication to the flight notice of proposed rulemaking (ANPR) deck within one minute after the start of that OFAR compartment requires initiates a rulemaking proceeding under a fire. additional fire protection features and the Consumer Product Safety Act (2) An aural warning in the OFAR devices to assist a firefighter in (CPSA). We invite comments compartment. determining the location of that fire. concerning the risk of injury associated (3) A warning in the main passenger Issued in Des Moines, Washington, on with CO production and leakage from cabin. This warning must be readily August 13, 2019. residential gas furnaces and boilers, the alternatives discussed in this ANPR, detectable by a flight attendant, taking Mary A. Schooley, into consideration the locations of flight and other possible alternatives for attendants throughout the main Acting Manager, Transport Standards addressing the risk. We also invite Branch, Policy and Innovation Division, passenger compartment during various interested parties to submit existing Aircraft Certification Service. phases of flight. voluntary standards or a statement of c. Stowage compartment liner. [FR Doc. 2019–17697 Filed 8–16–19; 8:45 am] intent to modify or develop a voluntary (1) If the material used in constructing BILLING CODE 4910–13–P standard that addresses the risk of the stowage compartment meets the injury described in this document.

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DATES: Submit comments by October 18, I. Background product sensors, voluntary standards in 2019. The Commission is aware of the United States have not adopted similar requirements to address the CO ADDRESSES: You may submit comments, numerous injuries and deaths resulting hazard. The rationale U.S. SDOs cited identified by Docket No. CPSC–2019– from CO poisoning caused by for not adopting similar requirements is 0020, by any of the following methods: residential gas furnaces and boilers. Gas-fired central furnaces and boilers that the CO and combustion product- Electronic Submissions: Submit sensing devices needed to implement electronic comments to the Federal historically have been among the leading causes of non-fire CO poisoning the requirements must have a 20-year eRulemaking Portal at: lifespan and that no such devices are www.regulations.gov. Follow the deaths associated with consumer products. To address this risk, CPSC currently available. instructions for submitting comments. The Commission is considering staff reviewed incident data for The Commission does not accept developing a mandatory standard to residential gas furnaces and boilers and comments submitted by electronic mail reduce the risk of death and injury determined that residential gas furnaces (email), except through associated with CO production and and boilers were involved in a www.regulations.gov. The Commission leakage from residential gas furnaces significant number of fatalities and encourages you to submit electronic and boilers. CPSC staff prepared a injuries from CO poisoning. From 2013 comments by using the Federal briefing package to describe the to 2015, there were 57 deaths (average eRulemaking Portal, as described above. products at issue, further assess the 19 deaths per year) related to residential relevant incident data, examine relevant Written Submissions: Submit written gas furnaces and boilers reported to submissions by mail/hand delivery/ voluntary standards, and discuss CPSC. In addition, an estimated 7,590 options for addressing the risk courier to: Division of the Secretariat, injuries related to CO poisoning Consumer Product Safety Commission, associated with residential gas furnaces associated with residential gas furnaces and boilers. That briefing package is Room 820, 4330 East West Highway, and boilers were reported to CPSC from Bethesda, MD 20814; telephone (301) available at: https://www.cpsc.gov/s3fs- 2013 to 2015. public/Draft%20ANPR%20- 504–7923. In the late 1980s, the voluntary %20Performance%20Requirements Instructions: All submissions received standards for a variety of gas appliances, %20for%20Residential%20Gas must include the agency name and including gas furnaces and boilers, were %20Furnaces%20and%20Boilers.pdf? docket number for this document. All revised to address some of the izgUebOXOcPhQ51iScglAVrv0NbIb_rB. comments received may be posted operating, installation, or usage without change, including any personal conditions of the products that could II. Relevant Statutory Provisions identifiers, contact information, or other result in hazards, such as fire, To address the risk of injury personal information provided, to: explosion, and leakage of CO into the associated with CO production and www.regulations.gov. Do not submit living space. Despite revisions to the leakage from residential gas furnaces confidential business information, trade voluntary standards that addressed and boilers, the Commission is secret information, or other sensitive or some CO hazards, gas furnaces and considering developing a mandatory protected information that you do not boilers continue to be the second safety standard. The rulemaking falls want to be available to the public. If leading cause of CO deaths (portable under the CPSA. 15 U.S.C. 2051–2089. furnished at all, such information generators are the leading cause of CO Under section 7 of the CPSA, the should be submitted in writing. deaths 2 among all consumer products) Commission may issue a consumer Docket: For access to the docket to and the leading cause among all heating product safety standard if the read background documents or systems. CPSC staff has advocated for requirements of the standard are comments received, go to: more effective performance ‘‘reasonably necessary to prevent or www.regulations.gov, and insert the requirements for gas furnaces and reduce an unreasonable risk of injury docket number CPSC–2019–0020, into boilers since 1993 to protect consumers associated with [a] product.’’ Id. the ‘‘Search’’ box, and follow the from CO hazards that were not 2056(a). The safety standard may consist prompts. addressed by the voluntary standards of performance requirements or for these products. requirements for warnings and FOR FURTHER INFORMATION CONTACT: Starting in 2000, CPSC staff sought to instructions. Id. However, if there is a Ronald A. Jordan, Project Manager, address CO hazards at the source of voluntary standard that would Directorate for Engineering Sciences, production (i.e., in the heat exchanger adequately reduce the risk of injury the U.S. Consumer Product Safety and flue passageways) in these Commission seeks to address, and there Commission, 5 Research Place, appliances by working with voluntary is likely to be substantial compliance Rockville, MD 20850; telephone: (301) standards organizations proposing 3 that with that standard, then the 987–2219; email: [email protected]. that they add ‘‘CO shutoff/response’’ Commission must rely on the voluntary SUPPLEMENTARY INFORMATION: The provisions to the voluntary standards. standard, instead of issuing a mandatory CPSC 1 is publishing an ANPR to Despite repeated requests from CPSC standard. Id. 2056(b)(1). To issue a possibly develop a rule to address the staff for the U.S. standards development mandatory standard under section 7, the risk of injury and death associated with organizations (SDO) to address the CO Commission must follow the procedural CO production and leakage from risk at the source of production in gas and substantive requirements in section residential gas furnaces and boilers. appliances, and the existence of the 9 of the CPSA. Id. 2056(a). Japanese and European performance Under section 9 of the CPSA, the requirements for CO and combustion 1 The Commission voted 3–2 to publish this Commission may begin rulemaking by document with changes in the Federal Register. issuing an ANPR. Id. 2058(a). The ANPR Acting Chairman Anne Marie Buerkle and 2 Non-Fire Carbon Monoxide Deaths Associated must identify the product and the Commissioners Robert S. Adler and Elliot F. Kaye with the Use of Consumer Products. 2015 Annual nature of the risk of injury associated voted to approve publication of this document with Estimates, Hnatov, M. December 2018. changes. Commissioners Dana Baiocco and Peter A. 3 Jordan, R., CO shutoff/response proposal letter with it; summarize the regulatory Feldman voted to approve publication of this Canadian Standards Association International, alternatives the Commission is document as drafted. CPSC. November 2000. considering; and include information

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about any relevant existing standards, In a gas-fired central furnace, air is the product life of gas furnaces (including and why the Commission preliminarily medium that surrounds and is heated by boilers) ranges from 15 to 20 years. believes those standards would not the heat exchanger. A large fan is used Floor and wall furnaces are less adequately reduce the risk of injury to force the heated air across the exterior common than central furnaces and associated with the product. The ANPR surfaces of the heat exchanger, through boilers, but they still accounted for also must invite comments concerning a duct system, and then the heated air heating in 800,000 U.S. homes. No the risk of injury and regulatory exits the duct system through warm air annual shipment data were available for alternatives and invite the public to registers in each room within the floor or wall furnaces. dwelling. In a gas boiler, water in the submit existing standards or a statement V. Risk of Injury of intent to modify or develop a liquid phase or vapor phase (i.e., steam) voluntary standard to address the risk of is the medium that surrounds and is A. Incident Data heated by the heat exchanger. The injury. Id. 2058(a). 1. Fatalities After publishing an ANPR, the heated water or steam is circulated, In 2015, (the latest time period for Commission may proceed with using a pump to force the fluid through which data are available) there were an rulemaking by reviewing the comments a piping system to radiators in each estimated 175 unintentional, non-fire received in response to the ANPR and room of the dwelling. Heat is transferred CO poisoning deaths associated with publishing a notice of proposed from the heated water or steam supplied consumer products under the CPSC’s rulemaking (NPR). An NPR must to the radiators to the room through jurisdiction.4 Of that number, heating include the text of the proposed rule, radiative and conductive heat transfer. systems were associated with an alternatives the Commission is Gas-fired central furnaces and boilers estimated 37 (21 percent) of the deaths. considering, a preliminary regulatory are considered central heating Gas furnaces and boilers (liquefied analysis describing the costs and appliances, because they provide heat to petroleum, natural gas, and unspecified benefits of the proposed rule and the each room of a dwelling. The gas) were associated with the largest alternatives, and an assessment of any combustion products of gas-fired central share of CO deaths (19 deaths or 51 submitted standards. Id. 2058(c). The furnaces and boilers are vented to the percent) among heating systems and the Commission would then review outdoors, either vertically through the second largest share (11 percent) among comments on the NPR and decide roof, or horizontally through a side wall all consumer products. For the 11-year whether to issue a final rule, along with through the vent pipe. In addition to central gas-fired period, 2005 through 2015, gas furnaces a final regulatory analysis. furnaces and boilers, the ANPR also accounted for 248 CO deaths (44 III. The Product covers gas wall furnaces and gas floor percent) among heating appliances, and furnaces. As their names indicate, gas 14 percent among all consumer The ANPR covers residential, gas- wall furnaces are installed in wall products. fired central furnaces, boilers, wall spaces, typically between the wall stud 2. Injury Estimates furnaces, and floor furnaces (gas framing members; and floor furnaces are furnaces and boilers). These appliances installed in the floor, typically between Staff estimates that annually there are fueled by natural gas or propane the floor joist framing members. Wall were about 1,850 gas furnace or boiler (gas). Residential gas furnaces and furnaces and floor furnaces both provide non-fire, CO-related injuries treated boilers are vented gas heating localized heating directly to the room in between 2013 and 2015 at U.S. hospital appliances that are used to heat all which they are located, and indirectly to emergency departments (EDs).5 categories of consumer dwellings, adjoining rooms within the dwelling. Combined with estimates of medically including single family homes, The combustion products of wall attended injuries that were treated townhomes, condominiums, and furnaces are vented to the outdoors, outside of hospital EDs, and using multifamily dwellings, as well as small- either vertically through the roof, or estimates from the CPSC’s Injury Cost to medium-sized commercial dwellings. horizontally through a side wall with Model (ICM),6 staff estimates an average These products provide heat to a the vent pipe running along the length dwelling by burning a mixture of fuel of the wall studs between which the 4 Non-Fire Carbon Monoxide Deaths Associated (either natural gas or propane) and air unit is installed. The combustion with the Use of Consumer Products 2015 Annual within the combustion chamber of a products of a floor furnace are typically Estimates. M. Hnatov. CPSC Directorate for heat exchanger. As the mixture of fuel Epidemiology. December 2018. vented horizontally through a side wall, 5 Physicians have noted difficulty in correctly and air is burned, heat is released and with the vent pipe normally running diagnosing these injuries (e.g., Aniol, 1992). Carbon transferred through the wall of the heat along the length of the floor joists monoxide poisoning may mimic many conditions, exchanger to the medium surrounding between which the unit is installed and including alcohol or drug intoxication, psychiatric the heat exchanger and circulated disorders, flulike illnesses, and others conditions through an exterior wall. that can lead to misdiagnoses (ibid). Measurement through air ducts or water pipes IV. Market Information of HbCO levels in the blood can also be throughout the dwelling, or into the confounded, based on the time elapsed and any ambient air to provide heat. Burning the Of the gas appliances covered by this breathing treatment administered that can lower mixture of fuel and air results in the ANPR, central gas-fired furnaces are the counts before measurement. Absent an attempt to provide NEISS cases where carbon monoxide was formation of combustion products that type most commonly used in U.S. diagnosed, however, it would not be possible to are typically composed of oxygen, households. Natural gas and propane compute nonfatal injuries. Thus, a potential carbon dioxide, water vapor, and CO. central furnaces are the primary heating underestimate was deemed more practical than When the mixture of fuel and air is equipment in 50.3 million homes; from assuming the injury costs would be zero. Aniol, M.J. Carbon Monoxide Toxicity: The Difficulty in burned completely, the concentration of 2.6 to 3.1 million units were shipped Diagnosing This Leading Cause of Poisoning. Can CO produced should remain relatively annually between 2013 and 2017. Gas Fam Physician. 1992 2123–2134, 2174. low, typically below 50 parts per boilers are the next most commonly 6 The ICM is fully integrated with NEISS and uses million (ppm), depending on the design used heating appliances in U.S. homes, empirical relationships between the characteristics of injuries and victims initially treated in hospital of the gas appliance. The combustion accounting for the main heating source EDs and those treated elsewhere, to estimate the products are exhausted to the outdoors in 6.8 million U.S. homes and about number of medically attended injuries treated through a vent system. 390,000 annual shipments. The average outside of hospital EDs.

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of 7,590 non-fire, CO-related injuries Incomplete combustion: Complete partially blocked vent, chimney, or heat annually between 2013 and 2015, which combustion of hydrocarbon fuels, such exchanger; or (2) a disconnected vent were associated with gas furnaces and as natural gas or liquefied petroleum gas pipe, or a hole in the vent pipe. boilers. This includes the estimate from (LP-gas or propane), requires a proper Sometimes leakage can occur when an NEISS of 1,850 ED-treated injuries and mixture of air (i.e., combustion air) and exhaust fan or fireplace is installed in an additional 5,750 medically attended fuel, as well as an adequate amount of the same room, or in a room adjacent to cases not treated in EDs. heat to ignite the combustion air-fuel a gas appliance. The actions of the mixture. Incomplete combustion of the exhaust fan or a warm chimney created B. Hazard Patterns fuel supplied to gas appliances can lead by the fireplace can have the effect of CPSC staff routinely relies on in- to production of hazardous levels of CO pulling air out of the room in which the depth investigations (IDIs) to and can occur when the following gas appliance is installed. This action understand failure modes and conditions exist: can depressurize the room, resulting in conditions that reportedly caused or • Inadequate combustion air: reverse flow of the combustion products contributed to incidents involving the Inadequate air for combustion supplied through the appliance vent system or production and leakage of dangerous to an appliance occurs when: (1) Air flue passageways. Instead of being levels of CO into the living space. For openings to the appliance combustion vented safely to the outdoors, CO exposure to occur from a vented gas chamber or burner assembly are depressurization can cause combustion appliance, two conditions typically blocked; (2) combustion air inlet piping products, including CO, to spill into the must exist. First, a condition must exist (in the case of direct vent appliances) to living space. Other mechanisms that can that prevents complete combustion of the appliance is blocked; (3) the exhaust lead to spilling include a vent with the fuel. Second, there must be a path outlet from the appliance is blocked; (4) lower capacity than the gas appliance(s) or mechanism that allows or causes the appliance is installed in a room that connected to it. This can be caused by combustion products, including CO, to does not have a large enough volume to total or partial vent blockage, leak from the flue passageways or vent provide the proper amount of air for installation of a vent pipe that is too system of the gas appliance into the combustion; or (5) the appliance is small, or the connection of so many living space. In 2012, CPSC staff installed in a smaller room or closet that appliances to the vent that the vent is conducted reviews of CO-related IDIs does not have adequately sized rendered too small. that involved ‘‘modern’’ (i.e., combustion and ventilation air openings manufactured after 1989) gas furnace or to support proper combustion. VI. Existing Voluntary and boiler. 7 Of these incidents involving • Too much fuel (i.e., over-firing): International Standards ‘‘modern’’ gas appliances, staff Causes of over-firing can occur when A. U.S. Voluntary Standards identified two primary concurrent the appliance gas manifold pressure is hazard patterns for CO exposure: too high, causing the quantity of fuel 1. Description of Existing U.S. • A condition that resulted in delivered to the burner to be too high for Voluntary Standards production of a hazardous level of CO complete combustion of the fuel/air The four gas appliance types within by the appliance; and mixture. This causes incomplete the scope of the ANPR are covered by • a condition that allowed hazardous combustion of the fuel/air mixture and the following domestic ANSI Z21 CO to leak into a living space. production of CO. This scenario can voluntary standards: Staff confirmed that the failure modes occur as a result of improper adjustment • ANSI Z21.13, Standard for Gas-Fired that led to production of dangerous by a service technician or a product Low Pressure Steam and Hot Water levels of CO included too much fuel defect or component failure/ Boilers (i.e., ‘‘overfiring’’) to the appliance or malfunction associated with the gas This standard specifies the inadequate air for combustion. The valve or the burner orifice. failure modes that led to leakage of CO • Reduced flame temperature: construction and performance into the living space included: Inadequate or reduced flame requirements for gas-fired, low-pressure Disconnected or breached vents; temperature can occur when the steam and hot water boilers with input blocked vents, heat exchangers, or appliance burner is misaligned, causing ratings of less than 12,500,000 Btu/hr chimneys; depressurization of the space the burner flame to come into contact (3,663 kW). The first edition of the or back drafting of exhaust products; with a metal surface within the standard was published in 1934 and has and improper venting. Staff also combustion chamber. Because the metal been revised several times, with the determined that the majority of the CO surface is much cooler than the burner latest edition published in 2017. incidents occurred from appliances that flame, direct contact will cause a greater • ANSI Z21.47, Standard for Gas-Fired were reported to be 15 years old or less rate of heat transfer from the flame to Central Furnaces at the time of the incident, and the the metal, resulting in a reduction in the This standard specifies the average age of appliances involved in flame temperature (i.e., flame construction and performance CO incidents was 9.6 years. The average quenching). Depending on the severity requirements for gas-fired central age of the appliances indicates that and duration, all of these conditions can furnaces with input ratings up to and these products were ‘‘modern’’ result in incomplete combustion of the including 400,000 Btu/hr (117 kW). The appliances equipped with the latest fuel. requirements for gas-fired central safety devices, and that these safety Exhaust leakage: Combustion furnaces were initially included in devices were not capable of protecting products from a gas furnace or boiler are ANSI Z21.13, before becoming a against CO exposure. normally vented to remove them from separate standard in 1964. From 1978 From review of CO-related IDIs, staff the home. However, a potential CO through 1993, a separate standard for has been able to establish the following hazard in a home can arise when a path direct vent central furnaces (ANSI hazard patterns for gas appliances: or mechanism exists that allows or Z21.64) was in place before being causes CO to leak from the flue consolidated into a single standard and 7 Jordan, R., Updated Review of In-Depth passageways or vent system of the gas harmonized with Canadian standard Investigations Associated with Carbon Monoxide Poisoning and ‘‘Modern’’ Gas Furnaces and Boilers. appliance into the living space. Typical requirements in 1993, with the latest CPSC. September 2012. leakage paths include: (1) A totally or edition published in 2016.

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• ANSI Z21.86, Standard for Vented • partially blocked heat exchangers, performance and safety standards for Gas-Fired Space Heating Appliances flues, vents, and chimneys; these appliances in Japan are: • This standard specifies the over-fired appliances; and • JIS–S–2109—Gas burning water • construction and performance inadequate combustion air to heaters for domestic use requirements for vented gas-fired space- appliances. • JIS–S–2112—Gas hydronic heating heating appliances with input ratings up Based on the hazard patterns appliances for domestic use 9 to and including 400,000 Btu/hr (117 identified in the staff’s review of fatal kW), including vented room heaters CO poisoning incidents involving gas • JIS–S–2122—Gas burning space (Parts III and IV), gravity and fan-type appliances, requirements to address CO heaters for domestic use. direct-vent wall furnaces (Parts V and risk at the source of production, before These Japanese Industrial Standards VI), gravity and fan-type wall furnaces potentially deadly levels of CO can (JIS) have explicit performance (Part VII), gravity and fan-type vented enter the living space, would reduce the requirements for vented gas water wall furnaces (VIII), and gravity and fan- occurrence of CO-related deaths, heaters, gas boilers, and gas space type floor furnaces for the United States injuries, and exposures associated with heaters that require shutoff of the only (Parts IX and X). The scope of this gas furnaces, boilers, wall and floor appliance in response to CO levels ANPR only includes gravity and fan- furnaces. above a certain threshold (i.e., 300 ppm type direct-vent wall furnaces (Parts V In 2015, CPSC staff proposed CO). The CO-detection strategies used and VI), and gravity and fan-type floor requirements for CO shutoff/response to by Japanese manufacturers include furnaces (IX and X). The ANSI Z21.86 the respective voluntary standards standard was first published in 1998, detection of CO within the combustion development organizations for gas-fired chamber of the appliance and shutoff or with the latest edition published in central furnaces, boilers, wall furnaces, 2016; however, individual standards for combustion control in response to and floor furnaces. Staff’s proposal detection of hazardous levels of CO. gravity and fan-type direct-vent wall would have required the appliance to furnaces and gravity and fan-type floor limit the production of CO below a Although gas water heaters are not furnaces predate this standard and were threshold level, or for the appliance to within the scope of the ANPR, the likely covered in the first edition of shut off when CO emissions in the Japanese standard, JIS–S–2109, is ANSI Z21.13. combustion chamber, flue passageways, relevant because the combustion The voluntary standards listed above or vent pipe exceed a hazardous level. process and technology involved in all require the appliances to: The 2015 staff proposal was supported heating water is similar to the • Not produce CO in excess of 400 by the proof-of-concept testing 8 combustion process and technology ppm; • previously conducted by CPSC staff in used for gas furnaces and boilers sold in shut off when vent or flue is fully the United States. In addition, the blocked; 2001, 2004, and 2007, and by current • standards for gas appliances in Europe Japanese standard’s CO shutoff shut off when blower door is not requirements are similar to CPSC staff’s sealed properly (gas-fired central and Japan, which include similar 2000 and 2015 CO shutoff/response furnaces only); requirements to use combustion sensors proposals, and the CO detection and • shut off if flames issue outside of to regulate CO production and shut the burner inlet openings. down the appliance or modulate its combustion components are applicable performance if CO production exceeds a to gas furnaces and boilers sold in the 2. Assessment of Existing U.S. specified safe level. To date, no United States. Voluntary Standards revisions to the ANSI Z21 voluntary To protect against CO exposure, JIS– Despite the requirements of the ANSI standards have been made that S–2109 includes requirements that Z21 voluntary standards, as well as a incorporate staff’s proposed vented gas water heaters be equipped number of improvements to these performance requirements to address with what they call an ‘‘Incomplete standards that have been made over the the hazard patterns discussed above. Combustion Prevention Device’’ (ICPD). years, these standards do not include Therefore, the existing ANSI Z21 A gas appliance experiencing requirements to protect against many of voluntary standards currently do not incomplete combustion means that the the failure modes or conditions that adequately address the risk of injury fuel is not being burned or combusted have been associated with production and death associated with CO completely, and as a result, can produce and leakage of CO into living spaces of production and leakage from residential elevated concentrations of CO. Section U.S. households. Furthermore, the gas furnaces and boilers for the reasons 7.7.6 of JIS–S–2109, Incomplete voluntary standards requirements do discussed above. Combustion Preventive Device of FE not address the long-term use of the B. International Standards includes requirements that the water products once installed in a dwelling or the various conditions that can cause or 1. Japanese Gas Appliance Standards 9 JIS–S–2112 and JIS–S–2122 were not available contribute to CO production and The primary gas heating appliances in English. To confirm the existence of incomplete combustion preventive device requirements with leakage. There are a number of leakage used in Japan appear to be gas water paths or mechanisms by which CO can these standards, the table of contents and sections heaters, gas boilers, and gas space of the standards pertaining to incomplete leak into a living space; however, the heaters. Based on our limited review of combustion, carbon monoxide, and CO were ANSI Z21 standards for gas furnaces, the Japanese gas appliance market, translated from Japanese to English using: https:// www.bing.com/search?q=translate+from+japanese+ boilers, wall furnaces, and floor instantaneous, tankless gas water furnaces only address leakage caused by to+english&form=IENTHT&mkt=en-us&httpsmsn= heaters appear to be more common than 1&refig=ffc0d5a3070d45d3c5187baeb690b6dd&sp= a totally blocked vent. Staff has traditional gas water heaters with 1&ghc=1&qs=AS&pq=translate+from+japanese+to+ identified a variety of conditions that storage tanks. The governing voluntary english&sc=8-34&cvid=ffc0d5a3070d45d are not addressed by the ANSI 3c5187baeb690b6dd. Staff’s partial translation and review of these standards confirmed that they both requirements. Those conditions include, 8 but are not limited to: This testing was initially used to support a CO included requirements for devices to prevent • shutoff/response requirements proposed by CPSC incomplete combustion to protect against CO Disconnected or breached flues, staff to the same voluntary standards organizations poisoning and that were consistent with the vents, and chimneys; in 2001. requirements in JIS–S–2109.

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heater shut off when CO concentrations • Supervision of the combustion air appliances. A GARC provides the reach 0.03 percent (300 ppm) 10 in: rate or the combustion products rate (EN electromechanical interface to the • The room in which the water heater 15502–2–1 and EN 15502–2–2); burner or the gas valve and the is installed; and • Gas/air ratio control (EN 15502–1, combustion air supply that allows these • the adjacent room. EN 15502–2–1, and EN 15502–2–2); or devices to be modulated or controlled to According to the Japanese Standards • Indirect supervision (e.g., fan speed increase or decrease gas flow or Association (JSA), the Incomplete supervision) (EN 15502–1). combustion air flow. This allows the Combustion Preventative Device The second and third bullets listed GARC to maintain the combustion provisions in JIS–S–2109 have been above, Supervision of the combustion efficiency of the appliance by required since 2001. JSA also indicated air rate or the combustion products rate, monitoring and maintaining an optimal that JIS–S–2109 does not have separate and Gas/air ratio control, are the most gas/air ratio. An optimal gas/air ratio performance standards for ICPDs, similar to CPSC staff’s 2000 and 2015 ensures that the gas/air mixture requirements for a minimum life span CO Shutoff proposals to the ANSI Z21/ supplied to the appliance burner is for the device, and that these devices are 83 Technical committee and furnace burned completely, thereby maintaining replaced, if necessary, based on use and and boiler subcommittees. Additionally, combustion efficiency. functionality. All of the performance these standards include performance • EN 16340, Safety and control devices requirements for ICPDs are specified in requirements for blocked vents. for burners and appliances burning JIS–S–2109. In addition, JIS–S–2109 These standards also have combustion gaseous or liquid fuels—Combustion includes flame roll-out and blocked vent product discharge provisions, which are product sensing devices requirements (respectively, similar to similar to the Flame Roll-Out provisions This standard specifies the safety, the Flame Roll-Out and Blocked Vent of the ANSI standards (i.e., ANSI Z21.13 construction, and performance Safety requirements in ANSI Z21.13 and and ANSI Z21.47). requirements for combustion product- ANSI Z21.47). In addition to the common sensing devices (CPSD) designed to Another similarity between the ICPD requirements for all three of the measure combustion products, as part of requirements of JIS–S–2109 and CPSC standards, EN 15502–2–1 also includes combustion control systems for burners staff’s 2000 and 2015 CO shutoff/ test conditions and CO emission limits and appliances that operate by burning response proposals is that they both for: Boilers without gas/air ratio controls gaseous or liquid fuels. This standard necessitate that the device be within the (Section 8.12.2.101) and Boilers using covers sensing devices that measures harsh environment of appliance gas/air ratio controls (Section CO, as well as other flue gases. This combustion chamber, flue passageways, 8.12.2.102). Both requirements specify standard is designed to be used in or vent system. that the maximum permissible CO concentration not exceed 0.10 percent conjunction with EN 13611, Safety and 2. European Gas Appliance and (1,000 ppm). EN 15502–2–2 includes a control devices for burners and Combustion Sensor Standards provision, Section 8.12.101, appliances burning gaseous and/or Gas boilers are a common space- Supplementary test for natural draught liquid fuels—General requirements. heating appliance used throughout boilers, which specifies that the We note the similarities to CPSC Europe in residential settings, and they maximum permissible CO concentration staff’s voluntary standards CO Shutoff/ are similar in design and function to not exceed 0.10 percent (1,000 ppm). Response proposals. EN 16340 is residential gas boilers certified to ANSI Unlike the JIS standards, the CEN compatible with CPSC staff’s CO Z21.13 and sold in the United States. includes separate standards for shutoff/response proposals because it The relevant European Committee for combustion monitoring devices and establishes performance requirements Standardization (CEN) domestic gas controls that are used in domestic gas for a device that monitors: (1) Within boiler standards are: boilers. The relevant CEN standards are: the same parameters (i.e., combustion gases, including CO); and (2) within the • EN 15502–1, Gas-fired heating • EN 13611, Safety and control devices same harsh environment (i.e., the boilers, Part 1: General requirements for burners and appliances burning combustion chamber). Consequently, and tests; gaseous and/or liquid fuels—General these devices are subject to the same • EN 15502–2–1, Gas-fired central requirements heating boilers, Part 2–1: Specific harsh operating conditions (i.e., high This standard specifies the general operating temperature, relative standard for type C appliances and type safety, design, construction, and B2, B3 and B5 appliances of a nominal humidity, combustion gases, thermal performance requirements and testing cycling) that the Z21/83 Technical heat input not exceeding 1000 kW; and for safety, control, or regulating devices • EN 15502–2–2, Gas-fired central Committee and its subordinate technical use for burners or appliances burning subcommittees (for gas furnaces and heating boilers, Part 2–2: Specific gaseous or liquid fuels. The standard is standard for type B1 appliances. boilers) and CO/combustion sensor designed to be used in conjunction with working groups raised questions about These standards (EN 15502–1, EN the various CEN standards that govern 15502–2–1, and EN 15502–2–2) include in response to CPSC staff’s 2000 and the above types of control devices. 2015 CO shutoff/response proposals. requirements to ensure the proper Because they address combustion supply of combustion air and gas to the process monitoring and modulation, EN 3. International Standards as Examples combustion process (i.e., air proving) 12067–2 and EN 16340 are of particular of Technological Feasibility through the use of one of the following relevance to this ANPR. A lack of technological feasibility can mechanisms: • • Carbon Monoxide (EN 15502–1, EN EN 12067–2, Gas/air ratio controls for be a barrier to implementing a new or 15502–2–1, and EN 15502–2–2); gas burners and gas burning proposed standard. Therefore, CPSC • Supervision of the combustion air appliances—Part 2: Electronic types staff has sought to identify technologies pressure or the combustion products This standard specifies the safety, that might be capable of implementing pressure (EN 15502–1); construction, and performance the staff-recommended CO shutoff/ requirements for closed-loop electronic response proposals made to voluntary 10 0.03 percent converts to 300 ppm CO by gas/air ratio control systems (GARCs) for standards groups in 2000 and 2015. In multiplying 0.03 percent by 10,000. use with gas burners and gas-burning addition, staff has also assessed

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international standards that required the B. Rely on Voluntary Standards Æ Partially blocked vent pipe, same or similar performance The Commission could continue to chimney, heat exchanger, or flue requirements as staff’s 2000 and 2015 address the hazard through voluntary passageways; Æ Snow blockage of side-wall vented CO shutoff/response proposals. The standards, ANSI Z21.13, ANSI Z21.47, gas appliances; Japanese and European standards and ANSI Z21.86, and continue to work discussed above identify several gas- Æ Improperly sized vent pipes; and to develop more effective voluntary Æ Depressurization of the room in sensing technologies that are being used standard requirements to address the for CO shutoff or combustion control of which the gas appliance is installed. identified hazards, instead of issuing a • Studies, tests, analysis, or surveys residential gas appliances in Japan and mandatory rule. However, as previously Europe. As discussed, the CO-detection performed to evaluate the effectiveness discussed, the Commission of gas-sensing and shut-off devices and strategies used by Japanese preliminarily believes that the existing manufacturers include detection of CO performance standards, laws, or codes ANSI standards do not adequately in reducing carbon monoxide fatalities within the combustion chamber of the reduce the risk of injury associated with appliance and shutoff or combustion and injuries associated with the use of residential gas furnaces and boilers. The domestic gas furnaces, boilers, water control in response. In Europe, Commission is assessing the level of residential gas boilers are required to heaters and other gas heating appliances compliance with the voluntary in Europe and Japan; meet certain combustion-efficiency standards. • requirements, as well as CO safety Studies or analysis of the costs of requirements. The combustion-control C. Reliance on Recalls incorporating carbon monoxide sensors or combustion controls systems into strategies used by European gas boiler The Commission has recalled manufacturers are often accomplished residential gas furnaces, boilers, or residential gas furnaces and boilers water heaters in Japan, Europe, or the by monitoring the gas/air mixture, the related to CO leakage hazards. The combustion flame, or the concentration United States; Commission could continue to conduct • Studies or analyses that evaluate of CO, oxygen, or carbon dioxide within recalls, both voluntary and mandatory, the combustion products. The secondary cost impacts of using gas- instead of promulgating a mandatory sensing and shut-off devices in reducing combustion-control strategies are also rule. However, recalls may not be as used to detect CO, but rather than carbon monoxide fatalities and injuries effective at reducing the risk of injury as associated with the use of domestic gas shutting down the appliance, CO a mandatory standard. Recalls only production is either prevented or furnaces, boilers, water heaters, and apply to an individual manufacturer other gas heating appliances in Europe limited by modulating the appliance’s and product and do not extend to operation. The Japanese and European and Japan; similar products. Additionally, recalls • Studies or analyses that evaluate standards do not specify a minimum can only address products that are the impact of carbon monoxide fatalities lifespan for sensing devices used to already on the market, and cannot and injuries associated with the use of implement their respective CO safety prevent unsafe products from entering domestic gas furnaces, boilers, water and combustion efficiency the market. heaters and other gas heating appliances requirements. in Europe and Japan; The Japanese and European standards D. Information and Education • Campaign Data or analyses on the alternatives demonstrate that it is technologically the Commission is considering, feasible, using current technology, to The Commission could continue to including the cost and effectiveness of address the hazard patterns identified issue annual and semi-annual news the CO shutoff/response requirements by staff regarding CO poisoning in a releases warning consumers about the under consideration; safety standard. The Japanese and dangers of CO poisoning and promoting • Studies, test, or analyses that European standards discussed above are the importance of consumers getting correlate the effects of incomplete examples of existing international annual safety inspections of their combustion to carbon monoxide standards that address the risk of injury residential fuel burning heating systems. production and changes in the and death associated with CO VIII. Request for Comments and combustion efficiency of natural gas and production and leakage from residential Information propane appliances. gas furnaces and boilers that are the • Information on any factors or trends subject of this ANPR. The Commission requests comments that, independent of any CPSC on all aspects of this ANPR, but rulemaking, could act to reduce (or VII. Regulatory Alternatives the specifically requests comments Commission Is Considering increase) CO poisoning associated with regarding: gas furnaces, boilers, wall furnaces, and • The Commission is considering Information or analysis regarding floor furnaces described in the ANPR; several alternatives to address the risk of mechanisms or performance • Information on any feasible means death and injury associated with CO requirements to mitigate more of addressing this hazard, along with the poisoning from residential gas furnaces effectively the following hazard patterns specific costs that might be involved, and boilers. that lead to CO production and leakage: including information on the costs Æ A. Mandatory Standard Inadequate air for combustion associated with the maintenance over supplied to the appliance; the service life of the equipment that The Commission could develop a rule Æ Too much fuel supplied to the would likely result from potential under the CPSA establishing appliance burner (i.e., over-firing); remedies. We also request information performance requirements and/or Æ Reduction of burner flame on how effective the different remedies warnings and instructions for temperature below the ignition would be in reducing the hazard; residential gas furnaces and boilers to temperature of the combustion air-fuel • Standards in Japan and some prevent or reduce an unreasonable risk mixture (i.e., flame quenching); European Union countries require some of death or injury associated with the Æ Disconnected or breached vent gas appliances to have a means by production and leakage of CO from pipe, chimney, heat exchanger, or flue which CO production or perhaps fuel these products. passageway; consumption is measured. We request

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information on those standards, the DEPARTMENT OF HOUSING AND Housing and Urban Development, 451 means by which compliance with the URBAN DEVELOPMENT 7th Street SW, Room 10276, standards is achieved, the impact of the Washington, DC 20410–0500. Due to standards on the cost of equipment, 24 CFR Part 100 security measures at all Federal including the maintenance costs, and [Docket No. FR–6111–P–02] agencies, however, submission of the effectiveness of the standards at comments by mail often results in RIN 2529–AA98 achieving their intended purpose; delayed delivery. To ensure timely receipt of comments, HUD recommends • HUD’s Implementation of the Fair Any available information on the that comments submitted by mail be Housing Act’s Disparate Impact distribution of CO emissions of natural submitted at least two weeks in advance Standard or LP gas furnaces in use, or in other of the public comment deadline. words, the number of gas furnaces that AGENCY: Office of the Assistant 2. Electronic Submission of are not in compliance with the 400 ppm Secretary for Fair Housing and Equal Comments. Interested persons may air-free standard at any given time and Opportunity, HUD. submit comments electronically through the degree to which they might be ACTION: Proposed rule. the Federal eRulemaking Portal at producing CO in excess of that standard. https://www.regulations.gov/. HUD We also request information on the SUMMARY: Title VIII of the Civil Rights strongly encourages commenters to causes of equipment producing Act of 1968, as amended (Fair Housing submit comments electronically. excessive CO and their frequency of Act or Act), prohibits discrimination in Electronic submission of comments occurrence, such as improper the sale, rental, or financing of allows the commenter maximum time to installation, changes in installation, dwellings and in other housing-related prepare and submit a comment, ensures poor maintenance of the equipment, and activities on the basis of race, color, timely receipt by HUD, and enables so forth; and religion, sex, disability, familial status, HUD to make comments immediately or national origin. HUD has long available to the public. Comments • Any available information on the interpreted the Act to create liability for submitted electronically through the relationship between excessive CO practices with an unjustified https://www.regulations.gov/ website production and fuel consumption and discriminatory effect, even if those can be viewed by other commenters and complete/incomplete combustion in practices were not motivated by interested members of the public. residential furnaces and boilers that are discriminatory intent. This rule Commenters should follow instructions producing excessive CO emissions may proposes to amend HUD’s interpretation provided on that site to submit also be consuming excessive fuel or not of the Fair Housing Act’s disparate comments electronically. burning fuel completely. impact standard to better reflect the Note: To receive consideration as • Any available information on Supreme Court’s 2015 ruling in Texas public comments, comments must be methods of alerting consumers to the Department of Housing and Community submitted through one of the two need to replace sensors or combination Affairs v. Inclusive Communities methods specified above. Again, all controls that have stopped working on Project, Inc., and to provide clarification submissions must refer to the docket their furnaces or boilers (such as an regarding the application of the number and title of the document. alphanumeric LED trouble or error code, standard to State laws governing the No Facsimile Comments. Facsimile a flashing light, or short-cycling of the business of insurance. This rule follows (fax) comments are not acceptable. appliance). a June 20, 2018, advance notice of Public Inspection of Comments. All proposed rulemaking, in which HUD comments and communications In addition, the Commission invites solicited comments on the disparate submitted to HUD will be available for interested parties to submit any existing impact standard set forth in HUD’s 2013 public inspection and copying between standards, or portions of them, for final rule, including the disparate 8 a.m. and 5 p.m., weekdays, at the consideration as a consumer product impact rule’s burden-shifting approach, above address. Due to security measures safety standard. The Commission also definitions, and causation standard, and at the HUD Headquarters building, an invites interested persons to submit a whether it required amendment to align advance appointment to review the statement of intention to modify or with the decision of the Supreme Court public comments must be scheduled by develop a voluntary consumer product in Inclusive Communities Project, Inc. calling the Regulations Division at 202– safety standard addressing the risk of DATES: Comment Due Date: October 18, 708–3055 (this is not a toll-free injury associated with CO poisoning 2019. number). Copies of all comments from residential gas furnaces and ADDRESSES: Interested persons are submitted are available for inspection boilers, including a description of the invited to submit comments to the and downloading at https:// plan to develop or modify such a Office of the General Counsel, Rules www.regulations.gov/. standard. Docket Clerk, Department of Housing FOR FURTHER INFORMATION CONTACT: Please submit comments in and Urban Development, 451 7th Street David H. Enzel, Deputy Assistant accordance with the instructions in the SW, Room 10276, Washington, DC Secretary for Enforcement Programs, ADDRESSES section at the beginning of 20410–0001. Communications should Office of Fair Housing and Equal this ANPR. refer to the above docket number and Opportunity, Department of Housing title and should contain the information and Urban Development, 451 7th Street Alberta E. Mills, specified in the ‘‘Request for SW, Room 5204, Washington, DC 20410, Secretary, U.S. Consumer Product Safety Comments’’ section. There are two telephone number 202–402–5557 (this Commission. methods for submitting public is not a toll-free number). Individuals [FR Doc. 2019–17512 Filed 8–16–19; 8:45 am] comments. with hearing or speech impediments BILLING CODE 6355–01–P 1. Submission of Comments by Mail. may access this number via TTY by Comments may be submitted by mail to calling the Federal Relay during the Regulations Division, Office of working hours at 800–877–8339 (this is General Counsel, Department of a toll-free number).

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SUPPLEMENTARY INFORMATION: effects liability is available under the the court’s decision in Property Casualty Fair Housing Act, HUD’s final disparate Insurers Association of America I. Background impact rule established a burden- (PCIAA) v. Donovan,11 HUD explained Title VIII of the Civil Rights Act of shifting framework for analyzing claims that the agency ‘‘continues to believe 1968, as amended (Fair Housing Act or of disparate impact under the Fair that case-by-case adjudication is Act), prohibits discrimination in the Housing Act.9 Specifically, the final rule preferable to creating the requested sale, rental, or financing of dwellings provides that liability may be exemptions or safe harbors for insurance and in other housing-related activities established under the Fair Housing Act practices.’’ HUD noted in support of its on the basis of race, color, religion, sex, when a challenged practice actually or case-by-case adjudication preference disability, familial status, or national predictably results in a disparate impact that, given the diversity of State laws origin.1 Congress gave the authority and on a protected class of persons, even if and potential discriminatory effect responsibility for administering the Fair the practice was not motivated by a claims, ‘‘it is practically impossible for Housing Act and the power to make discriminatory intent. The rule states HUD to define the scope of insurance rules to carry out the Act to HUD.2 that a practice that has a discriminatory practices covered by an exemption or While the Supreme Court has held that effect may still be lawful if supported by safe harbor with enough precision to the language of the Fair Housing Act a legally sufficient justification. Such a avoid case-by-case disputes over its prohibiting discrimination in housing is justification exists under the rule where application.’’ 12 This proposed rule uses ‘‘broad and inclusive,’’ 3 it has also the challenged practice is necessary to the term ‘‘Disparate Impact Rule’’ to cautioned that the language should not achieve one or more substantial, refer collectively to the final disparate be construed to force defendants to legitimate, nondiscriminatory interests impact rule and 2016 supplement. ‘‘resort to the use of racial quotas’’ 4 or of the respondent or defendant and In 2015, in Texas Department of require courts to ‘‘second-guess’’ those interests could not be served by Housing and Community Affairs v. 5 reasonable choices. HUD has another practice that has a less Inclusive Communities Project, Inc.,13 implemented prohibitions on discriminatory effect. The rule also (Inclusive Communities), the Supreme discriminatory conduct under the Fair requires that the legally sufficient Court held that disparate impact claims Housing Act at 24 CFR part 100, most justification be supported by evidence are cognizable under the Fair Housing recently to include the disparate impact and may not be hypothetical or Act. The Court’s opinion referenced standard in 2013. However, as the speculative. HUD’s Disparate Impact Rule,14 but the Supreme Court cautioned, there must be An unjustified discriminatory effect is Court did not rely on it for its holding. adequate safeguards around application established according to the following Rather, the Court undertook its own of disparate impact analysis to avoid burdens of proof: (1) The charging party analysis of the Fair Housing Act and setting ‘‘our Nation back in its quest to or the plaintiff has the burden of discussed the standards for, and reduce the salience of race in our social proving that a challenged practice constitutional questions and necessary 6 and economic system.’’ caused, or predictably will cause, a limitations regarding, disparate impact On February 15, 2013, pursuant to its discriminatory effect; (2) the respondent claims.15 authority to administer the Fair Housing or defendant then has the burden of In discussing disparate impact Act, HUD published a final rule, proving that the challenged practice is liability, the Court noted that entitled ‘‘Implementation of the Fair necessary to achieve one or more ‘‘disparate-impact liability must be Housing Act’s Discriminatory Effects substantial, legitimate, limited so employers and other Standard’’ 7 (final disparate impact nondiscriminatory interests of the regulated entities are able to make the rule). The final disparate impact rule respondent or defendant; and (3) if the practical business choices and profit- codified HUD’s interpretation that the respondent or defendant satisfies the related decisions that sustain a vibrant Fair Housing Act creates liability for 16 burden of proof, the charging party or and dynamic free-enterprise system.’’ practices with an unjustified plaintiff may still prevail upon proving The Court placed special emphasis on discriminatory effect and responded to that the substantial, legitimate, the importance of the plaintiff’s prima public comments on the proposed rule.8 nondiscriminatory interests supporting facie burden, warning that, ‘‘[w]ithout Relying in part on case law under the the challenged practice could be served adequate safeguards at the prima facie Fair Housing Act and title VII of the by another practice that has a less stage, disparate-impact liability might Civil Rights Act of 1964 (prohibiting discriminatory effect. Lastly, the rule cause race to be used and considered in employment discrimination) and HUD’s provides that a demonstration that a a pervasive way and would almost longstanding view that discriminatory practice is supported by a legally inexorably lead governmental or private sufficient justification may not be used entities to use numerical quotas, and 1 This preamble uses the term ‘‘disability’’ to refer as a defense against a claim of serious constitutional questions then to what the Act and its implementing regulations could arise.’’ 17 The Court held that, to term a ‘‘handicap.’’ intentional discrimination. 2 See 42 U.S.C. 3608(a) and 42 U.S.C. 3614a. In 2016, HUD published a Federal allege a prima facie case, a plaintiff 3 Trafficante v. Metro. Life Ins. Co., 409 U.S. 205, Register document supplementing must specify a policy (or policies) as the 209 (1972); City of Edmonds v. Oxford House, Inc., HUD’s previous response to insurance cause of the disparity, to meet a ‘‘robust 514 U.S. 725, 731 (1995). industry comments HUD provided in its causality’’ requirement that ‘‘protects 4 Texas Department of Housing and Community 10 defendants from being held liable for Affairs v. Inclusive Communities Project, Inc., 135 final disparate impact rule. The S. Ct. 2507, 2512 (2015). comments HUD received were on its 11 5 Id. at 2512 (‘‘Here, the underlying dispute 2011 Fair Housing Act’s discriminatory 66 F. Supp. 3d 1018 (N.D. Ill. 2014). 12 involves a novel theory of liability that may, on effects standard proposed rule. After See ‘‘Application of the Fair Housing Act’s remand, be seen simply as an attempt to second- Discriminatory Effects Standard to Insurance,’’ 81 guess which of two reasonable approaches a reconsideration of the insurance FR 69012 (Oct. 5, 2016) for HUD’s additional housing authority should follow in allocating tax industry comments, in accordance with justification. credits for low-income housing.’’). 13 135 S. Ct. 2507 (2015). 6 Id. at 2524. 9 See 24 CFR 100.500(c). 14 See 135 S. Ct. at 2514–2515, 2522. 7 78 FR 11460. 10 See ‘‘Application of the Fair Housing Act’s 15 See Id. at 2519–2524. 8 See 24 CFR 100.5(b), 100.70(d)(5), 100.120(b), Discriminatory Effects Standard to Insurance,’’ 81 16 Id. 100.130(b), and 100.500. FR 69012 (Oct. 5, 2016); 81 FR 69013. 17 Id. at 2523 (internal quotations removed).

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racial disparities they did not create.’’ 18 revisit its rule considering the analysis impact rule and others opposed the rule A one-time decision may not be a policy provided in the case. Commenters in and felt that HUD’s rule undermined the at all, and multiple factors leading to a support of the rule noted that the Fair Housing Act. Other commenters felt decision may make it difficult to Inclusive Communities case supported that the rule was plainly redundant or establish causation.19 HUD’s position that disparate impact unnecessary given existing case law. The Court also prohibited disparate claims are cognizable under the Fair Commenters that supported HUD’s impact suits that would displace ‘‘valid Housing Act and that it did not require current rule approved of HUD’s burden- governmental and private changes to HUD’s framework, which shifting framework requiring the priorities[.]’’ 20 ‘‘Courts should avoid standardized the ‘‘burden-shifting’’ defendant to prove that the practice is interpreting disparate-impact liability to approach used by HUD and 11 U.S. necessary. In addition, those be so expansive as to inject racial Courts of Appeals. Some commenters commenters generally supported the considerations into every housing specifically thought the burden-shifting rule’s language that provided that a decision’’ 21 or ‘‘to second-guess’’ framework, the causality requirement, plaintiff could prevail by proving that between ‘‘two reasonable and the less discriminatory alternative an alternative practice could be used approaches[.]’’ 22 If, for instance, a step should be amended to better align that has a less discriminatory effect. private developer is prevented from with the case law. Some commenters Commenters also referenced the investing in housing for low-income also felt that HUD should revisit the importance of the HUD rule when it individuals, or a government is application of disparate impact to the comes to the use of eminent domain and prevented from ensuring compliance insurance industries. Additionally, in redevelopment.30 Some commenters with health and safety codes, the October 2017, the Secretary of the stated that Inclusive Communities was purpose of the Fair Housing Act would Treasury issued a report in response to consistent with HUD’s rule and that the be undermined.23 The policy identified, Executive Order 13772, ‘‘Core Principles Supreme Court did not state that any therefore, must be an ‘‘artificial, for Regulating the United States Finance changes to the HUD rule were necessary arbitrary, and unnecessary barrier’’ to System,’’ issued on February 3, 2017.28 or that HUD’s rule created new fair housing.24 The Treasury report identified Federal obligations. Additionally, some Finally, the Court urged courts to regulations, among other items, that comments noted that post-Inclusive ensure that their remedial orders promote or inhibit the U.S. financial Communities courts simultaneously ‘‘concentrate on the elimination of the system. The report explicitly have relied upon both the rule and offending practice’’ and ‘‘eliminate recommended that HUD reconsider Inclusive Communities as authorities for racial disparities through race-neutral applications of the Disparate Impact analyzing disparate impact claims, means.’’ 25 ‘‘Remedial orders that Rule, especially in the context of the demonstrating there is no fundamental impose racial targets or quotas might insurance industry.29 conflict between the two. Commenters raise more difficult constitutional In light of Inclusive Communities, that opposed HUD’s current disparate questions.’’ 26 public comments submitted in response impact rule requested that HUD revise Following the Inclusive Communities to HUD’s May 15, 2017, Federal the rule to be more consistent with decision, on May 15, 2017, HUD Register notice, and the Inclusive Communities. Many of those published a Federal Register notice recommendation from the Secretary of commenters specifically cited to the pursuant to Executive Orders 13771, the Treasury, on June 20, 2018, HUD inconsistent effects of HUD’s standards, ‘‘Reducing Regulation and Controlling published in the Federal Register an the low level of proof and production, Regulatory Costs,’’ and 13777, advance notice of proposed rulemaking the limited causality requirement, the ‘‘Enforcing the Regulatory Reform (ANPR) inviting comments on possible impact on the use of statistical Agenda,’’ inviting public comments to amendments to HUD’s Disparate Impact disparities, and the consequences of assist HUD in identifying existing Rule. HUD received 1,923 comments on allowing plaintiffs to show any regulations that may be outdated, the ANPR, and the comments have been alternative practice. ineffective, or excessively considered during the drafting of this Commenters also provided feedback burdensome.27 In response, HUD new rule. Some commenters wrote in on the use of disparate impact for received numerous comments support of disparate impact liability enforcement and the economic burden concerning the Disparate Impact Rule more broadly, citing the important part of the standard. Commenters wrote that and Inclusive Communities. Some it has played in monitoring exclusionary providers should not be liable for commenters wrote that the case housing practices for at least 30 years, disparities they did not create or intend. supported HUD’s rule as currently while others described the disparate There were requests from the real estate, drafted while others felt HUD should impact standard as inconsistent with the credit, property casualty insurer, and constitutional presumption against race- other industries for exemptions from the 18 Id. at 2523. based decision-making. Similarly, some rule for insurance, risk-based pricing, 19 Id. comments supported HUD’s disparate and underwriting. The commenters 20 Id. at 2524. cited concern with the rule’s impact on 21 Id. 28 See U.S. Department of the Treasury Report: ‘‘A costs and shifts of burden onto renters 22 Id. at 2512 (‘‘Here, the underlying dispute Financial System That Creates Economic and insurance consumers. The Opportunities, Asset Management and Insurance involves a novel theory of liability that may, on commenters also noted increased remand, be seen simply as an attempt to second- (Oct. 26, 2017), available at: https:// guess which of two reasonable approaches a www.treasury.gov/press-center/press-releases/ litigation risks for providers and the Documents/A-Financial-System-That-Creates- housing authority should follow in allocating tax _ possibility that the availability of credits for low-income housing.’’). Economic-Opportunities-Asset Management- Insurance.pdf. insurance products and credit could be 23 Id. 29 See U.S. Department of the Treasury Report: ‘‘A reduced. The commenters supported 24 Id. at 2522, 2524 (internal quotation marks and Financial System That Creates Economic their position by pointing to the fact that citation omitted) Id. at 2522 (quoting Griggs v. Duke Opportunities, Asset Management and Insurance’’ underwriting is unrelated to protected Power Co., 401 U.S. 424, 431, 91 S. Ct. 849 (1971)). (Oct. 26, 2017), available at: https:// Id. at 2522. Id. at 2522. www.treasury.gov/press-center/press-releases/ characteristics and that compliance with 25 Id. at 2525. Documents/A-Financial-System-That-Creates- 26 Id. Economic-Opportunities-Asset_Management- 30 Citing Mount Holly Gardens Citizens in Action 27 82 FR 22344. Insurance.pdf. v. Twp. of Mount Holly, 658 F.3d 375 (3d Cir. 2011).

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the rule distorts market/risk-based against the use of racial quotas,32 that permitting rules, and requirements pricing. neither the discriminatory effect should also be considered as other Lastly, some commenters stated that standard, nor any other item in HUD’s prohibited sale and rental conduct that the States are better equipped to part 100 regulations, requires or could be considered as restricting or regulate certain industries and that the encourages the collection of data with denying housing opportunities or existing rule conflicts with State laws respect to protected classes and that the otherwise making unavailable or and violates the McCarran-Ferguson absence of such collection will not denying dwellings to persons because of Act.31 In contrast, other commenters result in any adverse inference against race, color, religion, sex, handicap, stated that other Federal statutes should a party. familial status, or national origin. HUD is adding these additional types of be read to be consistent with Federal § 100.7 Liability for Discriminatory examples for clarity in connection with civil rights laws and that Congress has Housing Practices the power to make exceptions and the changes HUD is making in create ‘‘safe harbors’’ to the Fair The proposed amendment to § 100.7 § 100.500. clarifies, consistent with the Supreme Housing Act (as it did previously by § 100.120 Discrimination in the excepting certain specific tenant Court’s decision in Meyer v. Holley, 537 U.S. 280 (2003), that there must be a Making of Loans and in the Provision of selection practices from disparate Other Financial Assistance impact liability) but Federal principal-agent relationship under administrative agencies cannot. Those common law for there to be vicarious Section 100.120 provides that it shall commenters generally noted no safe liability on the part of a person for a be unlawful for any person or entity harbor should be provided and that discriminatory housing policy or whose business includes engaging in residential real estate-related HUD’s case-by-case analysis should be practice by that person’s agent or transactions to discriminate against any retained to ensure consistency with employee. In addition, the proposed person in making available loans or HUD’s statutory responsibility to rule would add a new paragraph (c) to other financial assistance for a dwelling, enforce the Fair Housing Act. provide the scope of remedies available or which is or is to be secured by a All public comments can be viewed at in administrative proceedings for discriminatory effect cases. New dwelling, because of race, color, the www.regulations.gov website, under religion, sex, handicap, familial status, docket number HUD–2018–0047. (See paragraph (c) states, to conform with the language of Inclusive Communities,33 or national origin. The section provides https://www.regulations.gov/ examples of such practices in paragraph docket?D=HUD-2018-0047). that the remedy should concentrate on eliminating or reforming the (b). This rule proposes to amend the II. This Proposed Rule discriminatory practice and that, first example in paragraph (b)(1), which therefore, a remedy in administrative provides that providing information In response to comments received on which is inaccurate or different from HUD’s May 15, 2017, notice and June proceedings may include equitable remedies and, when proved, pecuniary that provided others, because of race, 20, 2018, ANPR, this rule proposes to color, religion, sex, handicap, familial replace HUD’s current discriminatory damage, but clarifies, consistent with the Fair Housing Act, that punitive and status, or national origin violates the effects standard at § 100.500 with a new Fair Housing Act, by amending standard and incorporate minor exemplary damages are unavailable in 34 ‘‘inaccurate or different from that amendments to §§ 100.5, 100.7, 100.70, administrative proceedings. HUD is specifically seeking feedback provided others’’ to requiring the and 100.120. These amendments are on the question of whether, and under information be ‘‘materially inaccurate or intended to bring HUD’s disparate what circumstances, punitive or materially different from that provided impact rule into closer alignment with exemplary damages may be appropriate others’’ to clarify, in accordance with the analysis and guidance provided in in disparate impact litigation in Federal the guidance in Inclusive Inclusive Communities as understood by court. Communities,35 that informational HUD and to codify HUD’s position that disparities that are inconsequential do its rule is not intended to infringe upon § 100.70 Other Prohibited Sale And not violate the Fair Housing Act. The any State law for the purpose of Rental Conduct proposed change would also add a regulating the business of insurance. Section 100.70 provides that it is clause to paragraph (b)(1) clarifying that HUD intends these regulations as an unlawful, because of race, color, the Fair Housing Act is not violated update to HUD’s existing framework for religion, sex, handicap, familial status, when a person or entity provides evaluating administrative actions or national origin, to restrict or attempt accurate responses to requests for alleging a claim of disparate impact and to restrict the choices of a person by information related to an individual’s to provide guidance to members of the word or conduct in connection with particular circumstances. public seeking to comply with the Fair seeking, negotiating for, buying, or § 100.500 Discriminatory Effect Housing Act or in bringing a claim for renting a dwelling so as to perpetuate, Prohibited disparate impact that meets the prima or tend to perpetuate, segregated facie requirements outlined in Inclusive housing patterns, or to discourage or Section 100.500 continues to provide Communities. obstruct choices in a community, that liability under the Fair Housing Act § 100.5 Scope neighborhood, or development. The may be established based on a specific section provides examples of such practice’s discriminatory effect on This rule proposes to amend § 100.5 practices in paragraph (c). This rule members of a protected class, even if the to clarify that the new § 100.500 proposes to amend the final example of specific practice was not motivated by includes available defenses and a violation of the Fair Housing Act in a discriminatory intent. HUD seeks to rebuttals to allegations of discriminatory paragraph (c)(5) to add that enactment amend this regulation to provide effect. The proposed rule would also or implementation of building codes, additional guidance in light of Inclusive clarify, in accordance with the language Communities; this proposed revision in Inclusive Communities warning 32 135 S. Ct. at 2512. represents HUD’s interpretation of 33 Id. at 2524. 31 15 U.S.C. 1011–1015. 34 42 U.S.C. 3612(g)(3). 35 135 S. Ct. at 2524.

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disparate impact law under the Fair The first proposed element would which may then be rebutted by the Housing Act. Paragraph (a) would be require a plaintiff to plead that the plaintiff, as described below.43 slightly amended to reflect the removal challenged policy or practice is The second proposed element would of a definition for discriminatory effect arbitrary, artificial, and unnecessary to require a plaintiff to allege a robust and the changes to the burden-shifting achieve a valid interest or legitimate causal link between the challenged framework. The previous definition objective. Inclusive Communities policy or practice and a disparate simply reiterated the elements of a requires plaintiffs to allege facts at the impact on members of a protected class. disparate impact claim, which HUD pleading stage supporting a prima facie Claims relying on statistical disparities believes is now adequately defined in claim of disparate impact and requires must articulate how the statistical more detail in the later sections, thus, courts to analyze these claims ‘‘with analysis used supports a claim of making the definition unnecessary. New care’’ to ensure that ‘‘the specter of disparate impact by providing an paragraphs (b) through (d) would disparate-impact litigation’’ does not appropriate comparison that shows that provide a new burden-shifting prevent parties ‘‘from achieving the policy is the actual cause of the framework and new paragraph (e) legitimate objectives.’’ 39 In accordance disparity.44 would address the application of the with this standard, this proposed rule The third proposed element would section to the business of insurance. would require plaintiffs to allege facts require a plaintiff to allege that the challenged policy or practice has an New Burden-Shifting Framework plausibly showing that the challenged practice is arbitrary, artificial, and adverse effect on members of a The proposed new burden-shifting unnecessary. This requirement is protected class. This element would framework provides, in paragraph (b), supported by Ellis v. City of require a plaintiff to explain how the that a plaintiff’s allegations that a Minneapolis, which dismissed the policy or practice identified has a specific, identifiable, policy or practice plaintiffs’ disparate impact claim harmful impact on members of a has a discriminatory effect must plead against the city’s housing code for particular ‘‘race, color, religion, sex, 45 facts supporting five elements. HUD failure to plead facts showing how the familial status, or national origin.’’ notes that since Inclusive Communities housing code was arbitrary, artificial, Consistent with Inclusive Communities, many parties have failed to identify a and unnecessary.40 In Ellis, the it would be insufficient to allege only 36 ‘‘specific, identifiable practice.’’ It is challenged housing code was, on its that the plaintiff is a member of a insufficient to identify a program as a face, intended to require sanitary protected class and would be adversely whole without explaining how the housing, and the plaintiffs made no affected or that members of a protected program itself causes the disparate attempt to explain how the housing class are impacted as are all individuals. impact as opposed to a particular code was arbitrary, artificial, and This element would require the plaintiff element of the program. Plaintiffs must unnecessary to advance this goal.41 to show that the policy or practice has identify the particular policy or practice the ‘‘effect of discriminating against a HUD recognizes that plaintiffs will not 46 that causes the disparate impact. always know what legitimate objective protected class’’ as a group. The fourth proposed element would Plaintiffs will likely not meet the the defendant will assert in response to require a plaintiff to allege that the standard, and HUD will not bring a the plaintiff’s claim or how the policy disparate impact claim, alleging that a disparity caused by the policy or advances that interest, and, in such single event—such as a local practice is significant. Where a disparity cases, will not be able to plead specific government’s zoning decision or a exists but is not material, a plaintiff will facts showing why the policy or practice developer’s decision to construct a new not have stated a plausible disparate is arbitrary, artificial, and unnecessary. building in one location instead of impact claim. If a defendant were In such cases, a pleading plausibly another—is the cause of a disparate subject to liability for policies that have alleging that a policy or practice impact, unless the plaintiff can show a negligible disparity, the defendant advances no obvious legitimate that the single decision is the equivalent could be forced to ‘‘resort to the use of objective would be sufficient to meet of a policy or practice.37 In unusual racial quotas’’ 47 to ensure that no subset this pleading requirement. However, in cases, a plaintiff may still be able to of its data appears to present a disparate succeed at identifying a one-time cases where a policy or practice has a impact. Inclusive Communities decision, if the plaintiff can establish facially legitimate objective, the plaintiff specifically noted that courts must that the one-time decision is in fact a must allege facts at the pleading stage ‘‘examine with care whether a plaintiff policy or practice.38 sufficient to support a plausible has made out a prima facie showing of allegation that the policy is arbitrary, disparate impact, and prompt resolution 42 36 See, e.g., Frederick v. Wells Fargo Home Mortg., artificial, and unnecessary. is important . . .’’ to avoid injecting 649 F. App’x 29, 30 (2d Cir. 2016) (Plaintiff If a plaintiff adequately alleges facts to ‘‘racial considerations into every challenging lender’s denial of a mortgage support the assertion that the practice or housing decision.’’ 48 Therefore, a application failed to identify the specific policy or policy is arbitrary, artificial, and practice that caused the disparate impact). unnecessary, only then does the 37 See, e.g., Barrow v. Barrow, Civil Action No. 43 See Wards Cove Packing Co. v. Atonio, 490 16–11493–FDS, 2017 U.S. Dist. LEXIS 103495, at *8 defendant have the burden to identify a U.S. 642 (1989) (holding that the defendant has the (D. Mass. July 5, 2017) (citing Inclusive valid interest or interests that the burden of producing evidence of the justification Communities, 135 S. Ct. at 2523) (‘‘[A] plaintiff challenged policy or practice serves, for the alleged policy or practice but making clear challenging the decision of a private developer to that the burden of persuasion to prove their case construct a new building in one location rather than ultimately remains with the plaintiff). another will not easily be able to show this is a into investment decisions about where to construct 44 See id. (holding that a disparate impact claim policy causing a disparate impact because such a or renovate housing units.’’). is not adequately pled where the alleged disparity one-time decision may not be a policy at all.’’). 39 135 S. Ct. at 2523–24. is the result of factors outside the defendant’s 38 See 135 S. Ct. at 2523–24 (‘‘For instance, a 40 See Ellis v. City of Minneapolis, 860 F.3d 1106, control and does not support the assertion that the plaintiff challenging the decision of a private 1112–14 (8th Cir. 2017) (citing Inclusive defendant’s policy itself is the cause of the developer to construct a new building in one Communities, 135 S. Ct. at 2524). disparity). 45 location rather than another will not easily be able 41 Id. 42 U.S.C. 3604(a). to show this is a policy causing a disparate impact 42 See id. at 1114 (‘‘a plaintiff must, at the very 46 Anderson v. City of Blue Ash, 798 F.3d 338, because such a one-time decision may not be a least, point to an ‘artificial, arbitrary, and 364 (6th Cir. 2015). policy at all. It may also be difficult to establish unnecessary’’ policy causing the problematic 47 135 S. Ct. at 2512. causation because of the multiple factors that go disparity.). 48 Id.

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plaintiff would be required to show that the complaining party has not shown a a special exemption for parties who use the statistical disparity identified is robust causality as required in Inclusive algorithmic models, but merely to material and caused by the challenged Communities and codified in paragraph recognize that additional guidance is policy or practice, rather than (b)(2), by failing to show that the necessary in response to the complexity attributable to chance. defendant’s policy is the actual cause of of disparate impact cases challenging The fifth proposed element would the alleged disparate impact.52 This these models. HUD proposes that a require a plaintiff to allege that the defense partially overlaps with successful defense under this section complaining party’s alleged injury is proposed paragraph (e) of this section, would demonstrate the lack of a robust directly caused by the challenge policy which clarifies that nothing in § 100.500 causal link between the defendant’s use or practice. This element seeks to codify is intended to conflict with State of the model and the alleged disparate the proximate cause requirement under insurance law. This defense applies to impact, as described below. the Fair Housing Act that there be any Federal, State, or local law that The first defense allows a defendant ‘‘some direct relation between the injury limits the defendant’s discretion. As to provide analysis showing that the asserted and the injurious conduct discussed further in the Business of model is not the actual cause of the alleged.’’ 49 Insurance section below, § 100.500(e) disparate impact alleged by the plaintiff. If a party brings a claim under applies only to State insurance law. It allows the defendant to break down paragraph (b), HUD proposes that the Paragraph (c)(2) provides that, where the model piece-by-piece and defending party may rebut a claim at the a plaintiff identifies an offending policy demonstrate how each factor considered pleading stage by asserting that a or practice that relies on an algorithmic could not be the cause of the disparate plaintiff has not alleged facts to support model, a defending party may defeat the impact and to show how each factor their prima facie claim as explained in claim by: (i) Identifying the inputs used advances a valid objective. This defense paragraph (c).50 Paragraph (c) also in the model and showing that these simply lays out the steps that a provides defendants with three methods inputs are not substitutes for a protected defendant would take in defending its through which to establish that characteristic and that the model is actions. A defendant will succeed under plaintiffs have not alleged a disparate predictive of risk or other valid this defense where the plaintiff is impact claim. HUD proposes to provide objective; (ii) showing that a recognized unable to then show that the that the defendants may raise any of third party, not the defendant, is defendant’s analysis is somehow these defenses in paragraph (c) through responsible for creating or maintaining flawed, such as by showing that a factor a variety of procedural motions. For the model; or (iii) showing that a neutral used in the model is correlated with a example, in a rule 12(b)(6) motion to third party has analyzed the model in protected class despite the defendant’s dismiss, the defendant can make an question and determined it was assertion. argument under the paragraph (c) empirically derived, its inputs are not The second defense provides that a defense that the facts alleged in the substitutes for a protected characteristic, defendant can show that use of the complaint fail to allege sufficient facts the model is predictive of risk or other model is standard in the industry, it is to support a claim under paragraph (b). valid objective, and is a demonstrably being used for the intended purpose of Another example is a rule 56 motion for and statistically sound algorithm. the third party, and that the model is the summary judgment where the defendant HUD received comments expressing responsibility of a third party. It is could assert facts outside of the concern that complicated, yet similar to the defense that the complaint to substantiate a defense increasingly commonly used, defendant’s actions are materially under paragraph (c). For instance, on a algorithmic models to assess factors limited by law, as discussed above, in rule 56 motion for summary judgment, such as risk or creditworthiness, should that it recognizes that there are the defendant may succeed where the be provided a safe harbor. While situations in which standard practice is defendant ‘‘shows that there is no disparate impact provides an important so clearly established that the proper genuine dispute as to any material fact tool to root out factors that may cause party responsible for the challenged and . . . is entitled to judgment as a these models to produce discriminatory conduct is not the defendant, but the matter of law.’’ outputs, these models can also be an party who establishes the industry Paragraph (c)(1) provides that the invaluable tool in extending access to standard. In these situations, the defendant may show its discretion is credit and other services to otherwise defendant may not have access to the materially limited by a third party— underserved communities. Therefore, reasons these factors are used or may such as through a Federal law or a State HUD proposes these defenses to provide not even have access to the factors or local law—or a binding or controlling parties with three methods of defending themselves, and, therefore, may not be court, arbitral, regulatory, their models where they can show their able to defend the model itself, even administrative order, or administrative models achieve ‘‘legitimate where a perfectly rational reason exists requirement. In cases where a State objectives[.]’’ 53 They are intended to for its use. Further, if the plaintiff actor or municipality is the defendant, ensure that disparate impact liability is prevails, the plaintiff would only a State or local law, respectively, may ‘‘limited so employers and other remove the model from use by one not be considered materially limiting for regulated entities are able to make the party, whereas suing the party that is purposes of this defense.51 This defense practical business choices and profit- actually responsible for the creation and would allow a defendant to show that related decisions that sustain a vibrant design of the model would remove the and dynamic free-enterprise system.’’ 54 disparate impact from the industry as a 49 Bank of Am. Corp. v. City of Miami, 137 S. Ct. This section is not intended to provide whole. A plaintiff may rebut this 1296, 1306 (2017). allegation by showing that the plaintiff 50 For example, the Supreme Court in Wards Cove Packing Co. dismissed a disparate impact claim 52 135 S. Ct. at 2524 (‘‘[I]f [the plaintiff] cannot is not challenging the standard model against a firm that denied job applicants from a show a causal connection between the Department’s alone, but the defendant’s unique use or protected class at a higher rate than non-protected policy and a disparate impact—for instance, misuse of the model, as the cause of the class members. Despite the statistical disparity, the because Federal law substantially limits the disparate impact. plaintiffs had not identified an injury because a Department’s discretion—that should result in disproportionate number of qualified minorities dismissal of this case.’’). The third defense is similar to the first were not denied employment. 490 U.S. at 650, 653. 53 Id. at 2524. and provides defendants with another 51 See Mount Holly, 658 F.3d 375 (3d Cir. 2011). 54 Id. at 2518. method of showing that the model is not

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the actual cause of the disparate impact. prima facie case of disparate impact.’’ 56 compliance with Federal, State, or local This defense allows defendants to prove HUD is also particularly seeking input law, would have a similar effect to a safe through the use of a qualified expert on whether it would be consistent with harbor, in appropriate circumstances, by that the model is not the cause of a Inclusive Communities to provide a ensuring that parties are never placed in disparate impact. A plaintiff may rebut defense for housing authorities who can a ‘‘double bind of liability’’ where they this defense by showing that the third show that the policy being challenged is could be subject to suit under disparate party is not neutral, that the analysis is a reasonable approach and in the impact for actions required for good incomplete, or that there is some other housing authority’s sound discretion. faith compliance with another law.60 reason why the third party’s analysis is HUD specifically seeks comments on Both provisions are also consistent with insufficient evidence that the the terms used in this section of the rule Inclusive Communities’ robust causality defendant’s use of the model is justified. and whether HUD should define those requirement because, where the actual Given the complicated nature of this terms. Examples of terms that HUD cause of the disparate impact is another issue, HUD is specifically soliciting would consider providing definitions to law and not the defendant’s own comments on the nature, propriety, and are ‘‘robust causal link,’’ ‘‘evidence that independent decisions, a plaintiff has use of algorithmic models as related to is not remote or speculative,’’ not shown that the defendant is the the defenses in (c)(2). ‘‘algorithmic model,’’ and ‘‘material actual cause of the disparate impact.61 Paragraph (c)(3) provides that a part.’’ This proposed paragraph applies where the defendant can show that defendant may make any additional Business of Insurance claims that the plaintiff has failed to imposing disparate impact liability In response to comments requesting allege sufficient facts to support a prima under the Fair Housing Act would HUD consider its position on the facie case under paragraph (b). invalidate, impair, or supersede State application of disparate impact to If a party alleges facts sufficient to insurance law. The ‘‘materially limited’’ insurance, HUD proposes adding new show a prima facie case under defense is not restricted to State paragraph (e), which would provide that paragraph (b), a case proceeds beyond insurance law, but requires the nothing in § 100.500 is intended to defendant to show that the defendant’s the pleading stage. Under paragraph invalidate, impair, or supersede any law (d)(1), HUD’s proposed rule provides discretion is limited to comply with enacted by any State for the purpose of Federal, State, or local law. that the plaintiff has the burden of regulating the business of insurance. proving by a preponderance of the This codifies the general applicability of III. Additional Questions for Public evidence each of the elements of the the ‘‘reverse preemption’’ provisions of Comment prima facie case, established not by the McCarran-Ferguson Act as it applies In addition to the specific feedback statistical imbalances or disparities to the Fair Housing Act.57 The sought elsewhere in the preamble, HUD alone, but through evidence that is not McCarran-Ferguson Act provides that explicitly requests public comment on remote or speculative. A plaintiff may provisions of Federal law in conflict the following questions in order to now have access to discovery to with state insurance laws are preempted better inform HUD’s regulatory impact establish facts supporting each by state laws ‘‘unless such Act analysis at the final rule stage. allegation, including the allegation that specifically relates to the business of 1. How well do HUD’s proposed the identified policy or practice is insurance[.]’’ 58 This proposed language changes to its disparate impact standard ‘‘arbitrary, artificial, and unnecessary.’’ clarifies that the Fair Housing Act does align with the decision and analysis in In addition, a defendant may show that not ‘‘specifically relate to the business Inclusive Communities with respect to the policy or procedure advances a valid of insurance’’ and affirms in regulation the proposed prima facie burden, interest. The plaintiff must counter this HUD’s past position, as stated above, including: by proving by a preponderance of the that case-by-case adjudication is the i. Each of the five elements in the new evidence that a less discriminatory proper way to resolve cases to burden-shifting framework outlined in policy or practice would serve the determine whether the Fair Housing Act paragraph (b) of § 100.500. interest in an equally effective manner conflicts with the State insurance law at ii. The three methods described in without imposing materially greater issue in each case. The Fair Housing paragraph (c) of § 100.500 through costs on, or creating other material Act, and, therefore, this regulation, will which defendants may establish that burdens for, the defendant, consistent only be preempted where application of plaintiffs have failed to allege a prima with existing disparate impact case the Fair Housing Act would invalidate, facie case. law.55 impair, or supersede the State insurance 2. What impact, using specific court Under paragraph (d)(2), the proposed law. Under these circumstances, the cases as reference, did Inclusive rule provides that the defendant may State insurance law governs.59 Communities have on the number, type, rebut a plaintiff’s case by proving any Proposed paragraph (e) does not and likelihood of success of disparate element identified under paragraph provide the safe harbor for insurance, impact claims brought since the 2015 (c)(1) or (2). The defendant may also which some commenters requested. decision? How might this proposed rule rebut a plaintiff’s case by demonstrating However, this proposed section and the further impact the number, type, and that the plaintiff has not met the burden complete defense where a defendant’s likelihood of success of disparate of proof laid out in paragraph (d)(1), discretion is materially limited by impact claims brought in the future? either by failing to prove the elements 3. How, specifically, did Inclusive of a prima facie case or by failing to 56 135 S. Ct. at 2523. Communities, and the cases brought identify an alternative practice that 57 15 U.S.C. 1012(b). since Inclusive Communities, expand advances the valid interest identified by 58 Id. upon, conflict, or align with HUD’s 2013 59 For a discussion of this issue, see Ojo v. the defendant without creating Farmers Grp., 600 F.3d 1205 (9th Cir. 2010), in materially greater costs or other material which the Appeals Court concluded that the 60 135 S. Ct. at 2523. burdens for the defendant, and, McCarran-Ferguson Act can reverse-preempt the 61 Id. at 2524 (‘‘[I]f the ICP cannot show a causal therefore, has not in fact ‘‘made out a Fair Housing Act, and certified to the Texas connection between the Department’s policy and a Supreme Court the question of whether the Fair disparate impact—for instance, because Federal law Housing Act would conflict with Texas insurance substantially limits the Department’s discretion— 55 Wards Cove, 490 U.S. at 661. law. that should result in dismissal of this case.’’).

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final disparate impact rule and with this Development, 451 7th Street SW, Room Inclusive Communities and subsequent proposed rule? 10276, Washington, DC 20410–0500. case law. Similarly, all entities will 4. How might the proposed rule Due to security measures at the HUD especially benefit from this rule as it increase or decrease costs and economic Headquarters building, please schedule will allow for a quicker, less costly burden to relevant parties (e.g., litigants, an appointment to review the docket file method of understanding their burden including private citizens, local by calling the Regulations Division at and responsibility under disparate governments, banks, lenders, insurance 202–402–3055 (this is not a toll-free impact law without the need to research companies, or others in the housing number). Individuals with speech or and compile case law since Inclusive industry) relative to the 2013 final hearing impairments may access this Communities. disparate impact rule? How might the number via TTY by calling the Federal Accordingly, the undersigned certifies proposed rule increase or decrease costs Relay Service, toll-free, at 800–877– that the proposed rule will not have a and economic burden to relevant parties 8339. significant economic impact on a relative to Inclusive Communities? Regulatory Flexibility Act substantial number of small entities. 5. How might a decision not to amend Notwithstanding HUD’s determination HUD’s 2013 final disparate impact rule The Regulatory Flexibility Act (RFA) that this rule will not have a significant (5 U.S.C. 601 et seq.) generally requires affect the status quo since Inclusive effect on a substantial number of small an agency to conduct a regulatory Communities? entities, HUD specifically invites flexibility analysis of any rule subject to 6. What impact, if any, does the comments regarding any less notice and comment rulemaking addition of paragraph (e) of § 100.500 burdensome alternatives to this rule that requirements, unless the agency certifies regarding the business of insurance have will meet HUD’s objectives as described that the rule will not have a significant on the number and type of disparate in the preamble to this rule. HUD also economic impact on a substantial impact claims? What impact, if any, requests comments on the potential number of small entities. This rule does the proposed paragraph (e) have on burden or benefit the proposed updates HUD’s uniform standards for costs (or savings) and economic burden regulations may have on potential determining when a housing practice of disparate impact claims? claimants and the organizations that 7. Is there any other data, information, with a discriminatory effect violates the Fair Housing Act. HUD’s objective in represent them, some of which are small or analysis the public can provide to businesses. assist HUD in assessing the impact of this proposed rule is to ensure the proposed regulation relative to the consistency and uniformity, given the Environmental Impact 2013 disparate impact final rule and the Supreme Court decision, and, thereby, provide clarity for the public. HUD’s This proposed rule sets forth 2015 Supreme Court decision in nondiscrimination standards. Inclusive Communities? 2013 regulation codified the then prevailing case law for bringing a Accordingly, under 24 CFR 50.19(c)(3), IV. Findings and Certifications discriminatory effect claim and the rule this rule is categorically excluded from provided clarity to all parties involved environmental review under the Regulatory Review—Executive Orders National Environmental Policy Act of 12866 and 13563 in a case. Currently, the courts and the public are forced to reconcile how to 1969 (42 U.S.C. 4321). Pursuant to Executive Order 12866 implement HUD’s regulations consistent Executive Order 13132, Federalism (Regulatory Planning and Review), a with Inclusive Communities. This rule determination must be made whether a will provide clarity, thus reducing Executive Order 13132 (entitled regulatory action is significant and, burdens, for all parties by, consistent ‘‘Federalism’’) prohibits an agency from therefore, subject to review by the Office with HUD’s prior rule, codifying the publishing any rule that has federalism of Management and Budget in current framework for bringing a implications if the rule either: (i) accordance with the requirements of the discriminatory effect claim consistent Imposes substantial direct compliance order. Executive Order 13563 with new case law. Specifically, costs on State and local governments (Improving Regulations and Regulatory plaintiffs will have a framework to use and is not required by statute, or (ii) Review) directs executive agencies to for ensuring complaints meet all the preempts State law, unless the agency analyze regulations that are ‘‘outmoded, requirements identified in Inclusive meets the consultation and funding ineffective, insufficient, or excessively Communities for pleading a claim of requirements of section 6 of the burdensome, and to modify, streamline, discriminatory effect, and defendants Executive Order. This rule does not expand, or repeal them in accordance will be able to use this framework to have federalism implications and does with what has been learned.’’ Executive rebut such claims. Similarly, defendants not impose substantial direct Order 13563 also directs that where will be more proactive in ensuring that compliance costs on State and local relevant, feasible, and consistent with their policies and practices comply with governments or preempt State law regulatory objectives, and to the extent the defenses that are provided. It is within the meaning of the Executive permitted by law, agencies are to HUD’s intention that plaintiffs will order. identify and consider regulatory bring claims that are better supported Unfunded Mandates Reform Act approaches that reduce burdens and and defendants will be able to resolve maintain flexibility and freedom of unsupported claims of discriminatory Title II of the Unfunded Mandates choice for the public. effect more quickly; therefore, leading to Reform Act of 1995 (2 U.S.C. 1531– The proposed rule has been the ‘‘prompt resolution’’ of disparate 1538) (UMRA) establishes requirements determined to be a ‘‘significant impact for all parties.62 HUD believes all for Federal agencies to assess the effects regulatory action,’’ as defined in section parties, including small entities, will of their regulatory actions on State, 3(f) of the Order, but not economically benefit from the changes and local, and tribal governments and on the significant under section 3(f)(1) of the clarifications in the rule by reconciling private sector. This rule would not Order. The docket file is available for HUD’s existing regulatory framework for impose any Federal mandates on any public inspection in the Regulations discriminatory effect claims with State, local, or tribal governments, or on Division, Office of General Counsel, the private sector, within the meaning of Department of Housing and Urban 62 135 S. Ct. at 2523. the UMRA.

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List of Subjects in 24 CFR Part 100 § 100.70 Other prohibited sale and rental (3) That the alleged disparity caused conduct. by the policy or practice has an adverse Civil rights, Fair housing, Individuals effect on members of a protected class; with disabilities, Mortgages, Reporting * * * * * (d) * * * and recordkeeping requirements. (4) That the alleged disparity caused (5) Enacting or implementing land-use by the policy or practice is significant; For the reasons discussed in the rules, ordinances, procedures, building and preamble, HUD proposes to amend 24 codes, permitting rules, policies, or (5) That there is a direct link between CFR part 100 as follows: requirements that restrict or deny the disparate impact and the housing opportunities or otherwise complaining party’s alleged injury. PART 100—DISCRIMINATORY make unavailable or deny dwellings to (c) Failure to allege a prima facie CONDUCT UNDER THE FAIR HOUSING persons because of race, color, religion, case. A defendant, or responding party, ACT sex, handicap, familial status, or may establish that a plaintiff’s ■ national origin. allegations do not support a prima facie 1. The authority for 24 CFR part 100 ■ 5. In § 100.120, revise paragraph (b)(1) continues to read as follows: case of discriminatory effect under to read as follows: paragraph (b) of this section, if: Authority: 42 U.S.C. 3535(d), 3600–3620. § 100.120 Discrimination in the making of (1) The defendant shows that its ■ 2. In § 100.5, revise the last sentence loans and in the provision of other financial discretion is materially limited by a in paragraph (b) and add paragraph (d) assistance. third party such as through: to read as follows: * * * * * (i) A Federal, state, or local law; or (ii) A binding or controlling court, § 100.5 Scope. (b) * * * (1) Failing or refusing to provide to arbitral, regulatory, administrative * * * * * any person information regarding the order, or administrative requirement; (b) * * * Allegations of unlawful availability of loans or other financial (2) Where a plaintiff alleges that the housing discrimination under this part assistance, application requirements, cause of a discriminatory effect is a may be established by a practice’s procedures or standards for the review model used by the defendant, such as a discriminatory effect, even if not and approval of loans or financial risk assessment algorithm, and the motivated by discriminatory intent, and assistance, or providing information that defendant: defenses and rebuttals to such is materially inaccurate or materially (i) Provides the material factors that allegations may be made, consistent different from that provided others, make up the inputs used in the with the standards outlined in because of race, color, religion, sex, challenged model and shows that these § 100.500. handicap, familial status, or national factors do not rely in any material part * * * * * origin; provided that nothing in this on factors that are substitutes or close (d) Nothing in this part requires or paragraph (b)(1) restricts providing proxies for protected classes under the encourages the collection of data with accurate responses to requests for Fair Housing Act and that the model is respect to race, color, religion, sex, information related to an individual’s predictive of credit risk or other similar handicap, familial status, or national particular circumstances. valid objective; origin. The absence of any such * * * * * (ii) Shows that the challenged model collection efforts shall not result in any ■ 6. Revise § 100.500 to read as follows: is produced, maintained, or distributed adverse inference against a party. by a recognized third party that ■ 3. In § 100.7, revise paragraph (b) and § 100.500 Discriminatory effect prohibited. determines industry standards, the add paragraph (c) to read as follows: (a) General. Liability may be inputs and methods within the model established under the Fair Housing Act are not determined by the defendant, § 100.7 Liability for discriminatory housing based on a specific policy’s or practice’s and the defendant is using the model as practices. discriminatory effect on members of a intended by the third party; or * * * * * protected class under the Fair Housing (iii) Shows that the model has been (b) Vicarious liability. Where a Act even if the specific policy or subjected to critical review and has been principal-agent relationship exists practice was not motivated by a validated by an objective and unbiased under common law, a person may be discriminatory intent. neutral third party that has analyzed the held vicariously liable for a (b) Prima facie burden. To allege a challenged model and found that the discriminatory housing policy or prima facie case based on an allegation model was empirically derived and is a practice by the person’s agent or that a specific, identifiable policy or demonstrably and statistically sound employee. practice has a discriminatory effect, a algorithm that accurately predicts risk (c) Remedies in administrative plaintiff or the charging party or other valid objectives, and that none proceedings. The remedy in an (collectively, ‘‘plaintiff’’) must state of the factors used in the algorithm rely administrative discriminatory effect facts plausibly alleging each of the in any material part on factors that are case should concentrate on eliminating following elements: substitutes or close proxies for protected or reforming the discriminatory practice (1) That the challenged policy or classes under the Fair Housing Act; or so as to eliminate disparities between practice is arbitrary, artificial, and (3) The defendant demonstrates that persons in a particular protected class unnecessary to achieve a valid interest the plaintiff has failed to allege and other persons through neutral or legitimate objective such as a sufficient facts under paragraph (b) of means, and may include equitable practical business, profit, policy this section. remedies, and, where pecuniary damage consideration, or requirement of law; (d) Burdens of proof for is proved, compensatory damages or (2) That there is a robust causal link discriminatory effect. If a case is not restitution. Punitive or exemplary between the challenged policy or resolved at the pleading stage, the damages shall not be available as a practice and a disparate impact on burden of proof to establish that a remedy. members of a protected class that shows specific, identifiable policy or practice ■ 4. In § 100.70, revise paragraph (d)(5) the specific practice is the direct cause has a discriminatory effect, are as to read as follows: of the discriminatory effect; follows:

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(1) Plaintiff’s burden. (i) A plaintiff ACTION: Notice of proposed rulemaking. Homeland Security Act of 2002, must prove by the preponderance of the codified at 6 U.S.C. 531(d). The evidence, through evidence that is not SUMMARY: The Alcohol and Tobacco Tax Secretary has delegated various remote or speculative, each of the and Trade Bureau (TTB) proposes to authorities through Treasury elements in paragraphs (b)(2) through establish the 815-acre ‘‘Candy Department Order 120–01, dated (5) of this section; and Mountain’’ viticultural area in Benton December 10, 2013 (superseding (ii) If the defendant rebuts a plaintiff’s County, Washington. TTB also proposes Treasury Order 120–01, dated January assertion that the policy or practice is to expand the boundary of the existing 24, 2003), to the TTB Administrator to arbitrary, artificial, and unnecessary 1,093-acre Yakima Valley viticultural perform the functions and duties in the under paragraph (b)(1) of this section by area by approximately 72 acres in order administration and enforcement of these producing evidence showing that the to avoid a partial overlap with the provisions. challenged policy or practice advances proposed Candy Mountain viticultural Part 4 of the TTB regulations (27 CFR a valid interest (or interests), the area. Both the existing Yakima Valley part 4) authorizes TTB to establish plaintiff must prove by the AVA and the proposed Candy Mountain definitive viticultural areas and regulate preponderance of the evidence that a AVA are located entirely within the the use of their names as appellations of less discriminatory policy or practice existing Columbia Valley AVA. TTB origin on wine labels and in wine exists that would serve the defendant’s designates viticultural areas to allow advertisements. Part 9 of the TTB identified interest in an equally effective vintners to better describe the origin of regulations (27 CFR part 9) sets forth their wines and to allow consumers to manner without imposing materially standards for the preparation and better identify wines they may greater costs on, or creating other submission of petitions for the purchase. TTB invites comments on material burdens for, the defendant. establishment or modification of (2) Defendant’s burden. The these proposals. American viticultural areas (AVAs) and defendant may, as a complete defense: DATES: TTB must receive your lists the approved AVAs. (i) Prove any element identified under comments on or before October 18, Definition paragraph (c)(1) or (2) of this section; 2019. (ii) Demonstrate that the plaintiff has ADDRESSES: You may electronically Section 4.25(e)(1)(i) of the TTB not proven by the preponderance of the submit comments to TTB on this regulations (27 CFR 4.25(e)(1)(i)) defines evidence an element identified under proposal, and view copies of this a viticultural area for American wine as paragraph (d)(1)(i) of this section; or document, its supporting materials, and a delimited grape-growing region having (iii) Demonstrate that the alternative any comments TTB receives on it within distinguishing features, as described in policy or practice identified by the Docket No. TTB–2019–0006 as posted part 9 of the regulations, and a name plaintiff under paragraph (d)(1)(ii) of on Regulations.gov (https:// and a delineated boundary, as this section would not serve the valid www.regulations.gov), the Federal e- established in part 9 of the regulations. interest identified by the defendant in rulemaking portal. Please see the These designations allow vintners and an equally effective manner without ‘‘Public Participation’’ section of this consumers to attribute a given quality, imposing materially greater costs on, or document below for full details on how reputation, or other characteristic of a creating other material burdens for, the to comment on this proposal via wine made from grapes grown in an area defendant. Regulations.gov, U.S. mail, or hand to its geographic origin. The (e) Business of insurance laws. delivery, and for full details on how to establishment of AVAs allows vintners Nothing in this section is intended to view or obtain copies of this document, to describe more accurately the origin of invalidate, impair, or supersede any law its supporting materials, and any their wines to consumers and helps enacted by any state for the purpose of comments related to this proposal. consumers to identify wines they may regulating the business of insurance. FOR FURTHER INFORMATION CONTACT: purchase. Establishment of an AVA is Dated: July 29, 2019. Karen A. Thornton, Regulations and neither an approval nor an endorsement Anna Maria Farı´as, Rulings Division, Alcohol and Tobacco by TTB of the wine produced in that area. Assistant Secretary for Fair Housing and Tax and Trade Bureau, 1310 G Street Equal Opportunity. NW, Box 12, Washington, DC 20005; Requirements phone 202–453–1039, ext. 175. [FR Doc. 2019–17542 Filed 8–16–19; 8:45 am] Section 4.25(e)(2) of the TTB SUPPLEMENTARY INFORMATION: BILLING CODE 4210–67–P regulations (27 CFR 4.25(e)(2)) outlines Background on Viticultural Areas the procedure for proposing an AVA TTB Authority and provides that any interested party DEPARTMENT OF THE TREASURY may petition TTB to establish a grape- Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 Alcohol and Tobacco Tax and Trade Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) Bureau U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the of the Treasury to prescribe regulations establishment or modification of AVAs. 27 CFR Part 9 for the labeling of wine, distilled spirits, Petitions to establish an AVA must [Docket No. TTB–2019–0006; Notice No. and malt beverages. The FAA Act include the following: 184] provides that these regulations should, • Evidence that the area within the among other things, prohibit consumer proposed AVA boundary is nationally RIN 1513–AC42 deception and the use of misleading or locally known by the AVA name statements on labels, and ensure that specified in the petition; Proposed Establishment of the Candy • Mountain Viticultural Area and labels provide the consumer with An explanation of the basis for Modification of the Yakima Valley adequate information as to the identity defining the boundary of the proposed Viticultural Area and quality of the product. The Alcohol AVA; and Tobacco Tax and Trade Bureau • A narrative description of the AGENCY: Alcohol and Tobacco Tax and (TTB) administers the FAA Act features of the proposed AVA that affect Trade Bureau, Treasury. pursuant to section 1111(d) of the viticulture, such as climate, geology,

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soils, physical features, and elevation, entire proposed Candy Mountain AVA Boundary Evidence that make the proposed AVA distinctive would be included within it. The The proposed Candy Mountain AVA and distinguish it from adjacent areas proposed expansion would increase the is located in Benton County, outside the proposed AVA boundary; size of the 1,093-acre Yakima Valley Washington, just southwest of the city • The appropriate United States AVA by 72 acres. of West Richland, on the southwestern Geological Survey (USGS) map(s) The distinguishing features of the slopes of Candy Mountain. The showing the location of the proposed proposed Candy Mountain AVA are its proposed AVA has a roughly oval shape AVA, with the boundary of the soils and topography. Although the proposed AVA clearly drawn thereon; and is oriented along a northwest- petition also included information on and southeast axis. The proposed northern, • A detailed narrative description of the general climate of the proposed western, and southern boundaries the proposed AVA boundary based on AVA, the petition did not include any follow roads and interstate highways USGS map markings. actual climate data from within the that are located along the base of the proposed Candy Mountain AVA. mountain. Most of the eastern boundary Petition To Establish the Candy Instead, the petition provided climate follows a line drawn along the crest of Mountain AVA and To Modify the data from the nearby established Red the mountain to separate the proposed Boundary of the Yakima Valley AVA Mountain AVA (27 CFR 9.167), which AVA from the northeastern-facing side TTB received a petition from Dr. the petition asserts has a similar of the mountain. The remainder of the Kevin R. Pogue, a professor of geology climate. Because the petition did not eastern boundary follows roads to at Whitman College, proposing to include evidence from within the encompass land near the base of the establish the ‘‘Candy Mountain’’ AVA proposed AVA to support its climate mountain that has slope angles and and to modify the boundary of the claims, TTB is unable to determine that slope aspects that are similar to those on existing Yakima Valley AVA (27 CFR climate is a distinguishing feature of the the southwestern side of the mountain. proposed AVA. Therefore, this proposed 9.69). Dr. Pogue submitted the petition Distinguishing Features on behalf of the following industry rule does not include a discussion of the members with wine businesses within climate of the proposed AVA. Unless According to the petition, the the proposed AVA: Ramer Holtan, who otherwise noted, all information and distinguishing features of the proposed is developing a commercial wine grape data contained in the following sections Candy Mountain AVA are its soils and vineyard on Candy Mountain; Premiere are from the petition to establish the topography. proposed AVA and its supporting Columbia Partners LLC, owners of Soils Candy Mountain Vineyard; and Paul exhibits. and Vickie Kitzke, owners of Kitzke The petition states that the soils of the Proposed Candy Mountain AVA Cellars. The proposed Candy Mountain proposed Candy Mountain AVA are AVA is located in Benton County, Name Evidence developed from wind-deposited silt Washington, and is entirely within the (loess) and fine sand overlying sediment existing Columbia Valley AVA (27 CFR The proposed Candy Mountain AVA deposited by ice-age floods. The 9.74), and partially within the existing is located on the southwestern slopes of sediment is a mixture of gravel and sand Yakima Valley AVA. Within the 815- a mountain known as Candy Mountain. that was derived directly from the acre proposed AVA, currently there are The mountain is labeled on the surging ice-age flood waters and also two producing commercial vineyards, Richland quadrangle USGS map used to includes silt and fine sand that settled Candy Mountain Vineyard and Kitzke form part of the proposed AVA out of suspension when the flood waters Cellars, which cover a total of boundary. According to several articles pooled behind downstream topographic approximately fifty-four acres. included in the petition, a planned restrictions. The loess and sediment, in Additionally, Mr. Holtan has secured nature preserve that would be located at turn, both overlay basalt bedrock. long-term leases from the Washington the summit of the mountain is referred According to the petition, the Department of Natural Resources to to as the Candy Mountain Preserve. A thickness of the sediment deposited by plant two hundred additional acres of housing development at the base of the ice-age flood waters gradually decreases vineyards within the proposed AVA. A mountain is named Candy Mountain as elevations increase, since the lower copy of the lease was included in the Estates and includes a road called elevations were more frequently and petition as evidence of Mr. Holtan’s Candy Mountain Avenue. heavily inundated by multiple ice-age intent to grow wine grapes. Currently, The region within the proposed AVA floods. The petition states that the Kitzke Cellars is the only winery within is also referred to as ‘‘Candy Mountain’’ maximum elevation reached by the ice- the proposed AVA, although the by members of the wine industry. age flood waters in the region of the petition notes that other wineries in Premiere Columbia Partners LLC named proposed AVA was approximately 1,250 Washington produce wines from grapes its vineyard within the proposed AVA feet. The thickness of the flood-water grown within the proposed AVA. ‘‘Candy Mountain Vineyard.’’ 1 The sediment within the proposed Candy Although most of the proposed Candy petition included a page from the Mountain AVA gradually decreases as Mountain AVA is located within the website of the L’Ecole No. 41 Winery one moves up the mountain, and the existing Yakima Valley AVA, a small showing a wine made from grapes from sediment is not found within the upper portion of the proposed AVA would, if the Premiere Columbia Partners 70 feet of the proposed AVA. By established, extend outside the current vineyard labeled as ‘‘Candy Mountain contrast, the regions to the north, south, eastern boundary of the Yakima Valley Vineyard Red Wine.’’ 2 Additionally, and west of the mountain and the AVA. To address the potential partial Kitzke Cellars refers to the location of its proposed Candy Mountain AVA are at overlap of the two AVAs and account tasting room as ‘‘on Candy Mountain.’’ 3 lower elevations and, therefore, have for viticultural similarities between the thicker accumulations of flood proposed Candy Mountain AVA and the 1 http://premierewinegrapes.com/about. sediments. larger Yakima Valley AVA, the petition 2 http://www.lecole.com/2013-candy-mountain- The petition states that the thickness also proposes to expand the boundary of red-wine. of the loess and fine sands that form the Yakima Valley AVA so that the 3 http://www.kitzkecellars.com/about. much of the surface soil within the

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larger Columbia Basin, including the which has similar elevations to the Candy Mountain. The opposite side of proposed Candy Mountain AVA, also proposed Candy Mountain AVA but was the mountain, outside of the proposed varies with respect to slope angle and excluded from the proposed AVA due to AVA, has a northeast slope aspect. Most slope aspect. Since the loess and fine its different slope angles and slope of the surrounding valley floor is sands were deposited by winds, they aspect. essentially flat, but where slopes exist, accumulated to greater depth on According to the proposed AVA, the they are generally oriented towards the shallower slopes, on hillsides that face elevation of the proposed Candy north. away from the prevailing winds, and in Mountain AVA affects viticulture. The Summary of Distinguishing Features areas that are at lower elevations petition states that vineyards planted at relative to their surroundings. The higher elevations, such as those within Soils and topography distinguish the petition states the soils in the proposed the proposed AVA, are less susceptible proposed Candy Mountain AVA from AVA are shallower than the to damage from frosts and freezes the surrounding regions. The soils surrounding valley soils because the associated with cool air drainage than consist mainly of a mixture of wind- proposed Candy Mountain AVA has lower elevations, such as the deposited loess and fine sands overlying higher elevations and steeper slopes surrounding valley floor. The cool air ice-age flood sediments. The topography than the surrounding valley floor, and does not collect in the higher elevation includes elevations of 640–1,320 feet, also faces into the prevailing winds. vineyards and instead flows down the slope angles of between 2 and 20 According to the petition, the soils of hillsides and eventually settles in the degrees, and a southwestern facing the proposed AVA have an effect on valley floor. slope aspect. viticulture. The soils are fairly loose, The proposed Candy Mountain AVA Slope Angle which allows for root expansion. The is surrounded by the low, flat valley soils also do not have a large water According to the petition, Candy floor of the Yakima Valley to the north, holding capacity, meaning that vineyard Mountain is a geological feature known south, and west. Where slopes do exist owners must monitor soil moisture as an anticline, which is an arch-like in these surrounding regions, they carefully to ensure the vines have structure formed by compressional generally have a northerly aspect. adequate access to water. Soils with low tectonic forces that bent and uplifted the Because these regions have shallower water-holding capacities also induce basalt bedrock. The rock layers in an slope angles and lower elevations that stress for grape vines, which may limit anticline are folded downward away were more frequently and heavily vegetative growth and promote earlier from the central axis, similar to the roof covered by ice-age floods, the soils are ripening of the grapes. Finally, the thin of a house. The two sides of the deeper than the soils of the proposed soils allow roots to come into contact anticline are called ‘‘limbs.’’ In the case AVA. To the immediate east of the with the underlying basalt bedrock, of Candy Mountain, the inclination, or proposed AVA, on the eastern side of which is comprised of calcium-rich dip, of the limbs is asymmetric. The Candy Mountain, the elevations are feldspars and other minerals that are limb on the northeast side of the similar to those of the proposed AVA. rich in iron and magnesium, such as mountain has a much steeper dip than However, the slope angles to the pyroxene and olivine. The petition the limb on the southwest side, where immediate east of the proposed AVA are states that these minerals and nutrients the proposed Candy Mountain AVA is steeper, resulting in shallower soil are only present in the bedrock, so vines located. The northeast side of the depths. Additionally, the eastern side of planted in the surrounding regions mountain has slope angles of up to 60 the mountain is oriented to the where the soil is thicker do not have the degrees. According to the petition, slope northeast. angles over 20 degrees are difficult to same access to these elements as vines Comparison of the Proposed Candy planted within the proposed AVA. farm and are more susceptible to erosion than shallower angles. By contrast, the Mountain AVA to the Existing Yakima Topography slope angles on the southwest side of Valley AVA The primary distinguishing the mountain, within in the proposed The Yakima Valley AVA was topographic features of the proposed Candy Mountain AVA, are gentle to established by T.D. ATF–128, which Candy Mountain AVA are its elevation, moderate and range from 2 to 20 was published in the Federal Register slope angle, and slope aspect. degrees. The valley floor surrounding on April 4, 1983 (48 FR 14374). The both the entire Candy Mountain and the AVA is located in Yakima and Benton Elevation proposed Candy Mountain AVA is Counties, Washington, and covers The proposed Candy Mountain AVA essentially flat, with slope angles of less approximately 1,093 acres. T.D. ATF– is located on the southwest slopes of than 2 degrees, and is susceptible to 128 states that the Yakima Valley AVA Candy Mountain, one of a series of four cold air pooling and the associated is a valley drained by the Yakima River small mountains that are aligned over a frosts and freezes. and surrounded by higher elevations on distance of 10 miles along a northwest- all sides. The western portion of the southeast trending axis. Locally, these Slope Aspect AVA is a vast expanse of flat land, while mountains are known as the ‘‘rattles,’’ The petition states that in the the eastern portion is comprised of due to their segmented nature and their northern hemisphere, slopes with a gently sloping land. The primary soils of alignment with the much larger southern aspect are favored for the Yakima Valley AVA that are used Rattlesnake Mountain, which is to the viticulture, especially at higher latitudes for viticulture are the Warden-Shano northwest. The four ‘‘rattles’’ rise above like the region of the proposed Candy Association and the Scootenay-Starbuck the surrounding Yakima Valley. Within Mountain AVA. A south-facing slope Association. These soils are silt-loams the proposed Candy Mountain AVA, aspect increases the amount per unit over basalt bedrock and alluvial elevations range from 640 feet to 1,320 area of solar radiation that reaches the deposits. Rainfall within the AVA is feet. By contrast, much of the land surface and promotes photosynthesis in sparse, generally averaging less than 10 immediately surrounding the proposed the grape vines, as well as grape inches a year. AVA is a valley floor with elevations development and maturation. The The proposed Candy Mountain AVA below 640 feet. The exception is the proposed Candy Mountain AVA is shares some of the general viticultural northeastern side of Candy Mountain, located on the southwest-facing slope of features of the Yakima Valley AVA. For

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example, the proposed AVA is located proposed AVA. The Yakima Valley Comparison of the Proposed Candy within the Yakima River drainage basin. AVA boundary crosses the summit of Mountain AVA to the Existing Columbia Additionally, the soils of the proposed Candy Mountain and is concurrent with Valley AVA AVA are silts over basalt bedrock and most of the northern boundary of the The Columbia Valley AVA was ice-age alluvial deposits. Soils of the proposed Candy Mountain AVA. established by T.D. ATF–190, which Warden, Shano, Scootenay, and However, a small portion of the was published in the Federal Register Starbuck series are all present within proposed AVA is outside the Yakima on November 13, 1984 (49 FR 44897). the proposed AVA. The petition also Valley AVA. This portion of the The Columbia Valley AVA covers over states that a weather station at Benton proposed Candy Mountain AVA (the 11 million acres in Washington City, 4 miles northwest of the proposed ‘‘proposed expansion area’’) is shaped surrounded by the Columbia, Snake, AVA, averaged 6 inches of rainfall like a rectangle standing on end and is and Yakima Rivers. According to T.D. annually between 2008 and 2015. defined by Arena Road on the west, ATF–190, the AVA is a large, treeless, However, TTB notes that no rainfall Dallas Road on the east, Interstate 182 broadly undulating basin with data was provided from within the on the south, and the 650-foot elevation elevations that are generally below proposed AVA. contour on the north. The proposed 2,000 feet. In general, the growing Although the proposed Candy modification of the Yakima Valley AVA season within the Columbia Valley AVA Mountain AVA shares some general boundary would increase the size of the is over 150 days, and growing degree characteristics with the overlapping established AVA by 72 acres and would Yakima Valley AVA, the proposed AVA result in the entire proposed Candy day accumulations generally number does have some unique features. For Mountain AVA being within the Yakima over 2,000. Soils generally reach a depth instance, the proposed AVA is located Valley AVA. of 2 feet or more and are comprised of on an isolated mountain, whereas the The proposed Candy Mountain AVA silt loam, fine sandy loam, sandy loam, majority of the Yakima Valley AVA is petition states that the vineyards within or loamy sand. described as a broad, flat valley. the proposed expansion area lie The proposed Candy Mountain AVA Additionally, the proposed Candy approximately 600 feet outside of the is located in the south-central portion of Mountain AVA has a greater diversity of current boundary of the Yakima Valley the Columbia Valley AVA and shares soils than the primary agricultural AVA and did not exist at the time the some broad characteristics of the regions of the Yakima Valley AVA. Yakima Valley AVA was established. Columbia Valley AVA. For example, According to the petition, the proposed However, the petition states that the elevations within the proposed Candy AVA was directly in the path of the fast- proposed expansion area is associated Mountain AVA are below 2,000 feet. moving ice-age floodwaters that with both the feature known as the The petition also states that the surrounded Candy Mountain, Red Yakima Valley and the Yakima Valley proposed AVA has a similar climate to Mountain, and Badger Mountain. A AVA. For example, the proposed the Columbia Valley AVA, although no strong back-eddy was created as the expansion area is part of the larger data is available from within the floodwaters surrounded these Yakima River drainage basin, which is proposed AVA to support these claims. mountains, causing gravel and various a characteristic of the Yakima Valley However, the proposed Candy other heavier particles to be deposited AVA. Additionally, the petition states Mountain AVA does have several on the slopes of the mountains. By that the owners of Kitzke Cellars, which features that distinguish it from the contrast, the soils in the primary manages the seven acres of vineyards Columbia Valley AVA. Most notably, agricultural areas of the Yakima Valley within the proposed expansion area, the proposed AVA is characterized as an AVA are more homogenous because have aligned themselves with the isolated hill, rather than a broad plain. they were created from finer particles Yakima Valley AVA through their Although the elevations within the such as sand and silts that were membership in Wine Yakima Valley, proposed AVA are within the range of deposited in a slack water environment. which is the Yakima Valley AVA’s elevations found within the Columbia marketing organization. Valley AVA, the proposed AVA’s Proposed Modification of the Yakima The petition asserts that the proposed elevations are significantly higher than Valley AVA expansion area has similar soils, those of the immediately surrounding As previously noted, the petition to elevation, slope angles, and slope aspect regions. The petition states that the establish the proposed Candy Mountain to the remainder of the proposed Candy proposed AVA also has steeper slope AVA also requested an expansion of the Mountain AVA, which is within the angles than much of the land within the established Yakima Valley AVA. The Yakima Valley AVA. The petition also Columbia Valley AVA. Finally, due to proposed Candy Mountain AVA is describes the general similarities that the combination of higher elevations located in the northeastern portion of the entire proposed Candy Mountain and steeper slope angles within the the Yakima Valley AVA. Most of the AVA shares with the established proposed AVA, soil depths within the proposed Candy Mountain AVA would, Yakima Valley AVA, such as similar soil proposed Candy Mountain AVA are if established, be located within the series and geology. Therefore, because shallower than the soil depths found current boundary of the Yakima Valley the petition demonstrates that the within the majority of the Columbia AVA. However, unless the boundary of proposed expansion area has similar Valley AVA. the Yakima Valley AVA is modified, a soil and topographic characteristics to small portion of the proposed Candy the portion of the proposed Candy TTB Determination Mountain AVA would be outside the Mountain AVA that is within the TTB concludes that the petition to Yakima Valley AVA. Yakima Valley AVA, and that the establish the 815-acre ‘‘Candy Currently, the Yakima Valley AVA proposed Candy Mountain AVA shares Mountain’’ AVA and to concurrently boundary in the vicinity of the proposed some general characteristics of the modify the boundary of the existing AVA and the proposed expansion area Yakima Valley AVA, TTB believes the Yakima Valley AVA merits follows a straight line drawn from the petitioner’s proposal to expand the consideration and public comment, as summit of Red Mountain, northwest of Yakima Valley AVA to include the invited in this document. the proposed AVA, to the summit of proposed expansion area merits TTB is proposing the establishment of Badger Mountain, southeast of the consideration and public comment. the new AVA and the modification of

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the existing AVA as one action. ‘‘Yakima Valley’’ as an appellation of boundaries, topography, soils, and any Accordingly, if TTB establishes the origin or in a brand name for wines other pertinent information that proposed Candy Mountain AVA, then made from grapes grown within the supports or opposes the proposed the proposed boundary modification of Columbia Valley or Yakima Valley Yakima Valley AVA boundary the Yakima Valley would be approved AVAs would not be affected by the expansion. concurrently. If TTB does not establish establishment of this new AVA. The Because of the potential impact of the the proposed Candy Mountain AVA, establishment of the proposed Candy establishment of the proposed Candy then the present Yakima Valley AVA Mountain AVA and expansion of the Mountain AVA on wine labels that boundary would not be modified. Yakima Valley AVA would allow include the term ‘‘Candy Mountain’’ as Boundary Description vintners to use ‘‘Candy Mountain,’’ discussed above under Impact on ‘‘Yakima Valley,’’ and ‘‘Columbia Current Wine Labels, TTB is See the narrative boundary Valley’’ as appellations of origin for particularly interested in comments descriptions of the petitioned-for AVA wines made from grapes grown within regarding whether there will be a and the boundary modification of the the proposed Candy Mountain AVA if conflict between the proposed area established AVA in the proposed the wines meet the eligibility name and currently used brand names. regulatory text published at the end of requirements for the appellation. If a commenter believes that a conflict this document. Additionally, vintners would be will arise, the comment should describe Maps allowed to use ‘‘Yakima Valley,’’ the nature of that conflict, including any ‘‘Columbia Valley,’’ and ‘‘Candy anticipated negative economic impact The petitioner provided the required Mountain’’ as appellations of origin for that approval of the proposed AVA will maps, and they are listed below in the wines made from grapes grown within have on an existing viticultural proposed regulatory text. the proposed Yakima Valley AVA enterprise. TTB is also interested in Impact on Current Wine Labels expansion area if the wines meet the receiving suggestions for ways to avoid Part 4 of the TTB regulations prohibits eligibility requirements for the conflicts, for example, by adopting a any label reference on a wine that appellation. modified or different name for the indicates or implies an origin other than Public Participation proposed AVA. the wine’s true place of origin. For a Submitting Comments wine to be labeled with an AVA name, Comments Invited at least 85 percent of the wine must be TTB invites comments from interested You may submit comments on this derived from grapes grown within the members of the public on whether TTB proposal by using one of the following should establish the proposed Candy three methods: area represented by that name, and the • wine must meet the other conditions Mountain AVA and concurrently Federal e-Rulemaking Portal: You listed in § 4.25(e)(3) of the TTB modify the boundary of the established may send comments via the online regulations (27 CFR 4.25(e)(3)). If the Yakima Valley AVA. TTB is interested comment form posted with this wine is not eligible for labeling with an in receiving comments on the document within Docket No. TTB– AVA name and that name appears in the sufficiency and accuracy of the name, 2019–0006 on ‘‘Regulations.gov,’’ the brand name, then the label is not in boundary, topography, and other Federal e-rulemaking portal, at https:// compliance and the bottler must change required information submitted in www.regulations.gov. A direct link to the brand name and obtain approval of support of the Candy Mountain AVA that docket is available under Notice a new label. Similarly, if the AVA name petition. In addition, given the proposed No. 184 on the TTB website at https:// appears in another reference on the Candy Mountain AVA’s location within www.ttb.gov/wine/wine- label in a misleading manner, the bottler the existing Columbia Valley AVA and rulemaking.shtml. Supplemental files would have to obtain approval of a new Yakima Valley AVA, TTB is interested may be attached to comments submitted label. Different rules apply if a wine has in comments on whether the evidence via Regulations.gov. For complete a brand name containing an AVA name submitted in the petition regarding the instructions on how to use that was used as a brand name on a distinguishing features of the proposed Regulations.gov, visit the site and click label approved before July 7, 1986. See AVA sufficiently differentiates it from on the ‘‘Help’’ tab at the top of the page. • § 4.39(i)(2) of the TTB regulations (27 the existing AVAs. TTB is also U.S. Mail: You may send comments CFR 4.39(i)(2)) for details. interested in comments on whether the via postal mail to the Director, If TTB establishes this proposed AVA, geographic features of the proposed Regulations and Rulings Division, its name, ‘‘Candy Mountain,’’ will be AVA are so distinguishable from either Alcohol and Tobacco Tax and Trade recognized as a name of viticultural the Columbia Valley AVA or the Yakima Bureau, 1310 G Street NW, Box 12, significance under § 4.39(i)(3) of the Valley AVA that the proposed Candy Washington, DC 20005. TTB regulations (27 CFR 4.39(i)(3)). The Mountain AVA should not be part of • Hand Delivery/Courier: You may text of the proposed regulation clarifies one or either established AVA. Please hand-carry your comments or have them this point. Consequently, wine bottlers provide any available specific hand-carried to the Alcohol and using the name ‘‘Candy Mountain’’ in a information in support of your Tobacco Tax and Trade Bureau, 1310 G brand name, including a trademark, or comments. Street NW, Suite 400, Washington, DC in another label reference as to the TTB also invites comments on the 20005. origin of the wine, would have to ensure proposed expansion of the existing Please submit your comments by the that the product is eligible to use the Yakima Valley AVA. TTB is especially closing date shown above in this AVA name as an appellation of origin if interested in comments on whether the document. Your comments must this proposed rule is adopted as a final evidence provided in the petition reference Notice No. 184 and include rule. sufficiently demonstrates that the your name and mailing address. Your If approved, the establishment of the proposed expansion area is similar comments also must be made in proposed Candy Mountain AVA would enough to the Yakima Valley AVA to be English, be legible, and be written in not affect any existing AVA, and any included in the established AVA. language acceptable for public bottlers using ‘‘Columbia Valley’’ or Comments should address the disclosure. We do not acknowledge

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receipt of comments, and we consider Regulations and Rulings Division at the (2) Yakima, Washington (1:250,000 all comments as originals. above address, by email at https:// scale), 1958; revised 1971; Your comment must clearly state if www.ttb.gov/webforms/contact_ (3) Benton City, WA (1:24,000 scale), you are commenting on your own behalf RRD.shtm, or by telephone at 202–453– 2013; or on behalf of an organization, 1039, ext. 175, to schedule an (4) Badger Mountain, Washington business, or other entity. If you are appointment or to request copies of (1:24,000 scale), 2013; and commenting on behalf of an comments or other materials. (5) Richland, Washington (1:24,000 organization, business, or other entity, scale), 2014. Regulatory Flexibility Act your comment must include the entity’s * * * * * name as well as your name and position TTB certifies that this proposed (c) * * * title. If you comment via regulation, if adopted, would not have (4) Then southeast, crossing onto the Regulations.gov, please enter the a significant economic impact on a Benton City map, to the top of Red entity’s name in the ‘‘Organization’’ substantial number of small entities. Mountain; blank of the online comment form. If The proposed regulation imposes no (5) Then southeast to a point on East you comment via postal mail, please new reporting, recordkeeping, or other Kennedy Road approximately 2,500 feet submit your entity’s comment on administrative requirement. Any benefit east of an intermittent stream flowing letterhead. derived from the use of a viticultural north into Lost Lake; You may also write to the area name would be the result of a (6) Then southeast across the top of Administrator before the comment proprietor’s efforts and consumer Candy Mountain, crossing onto the closing date to ask for a public hearing. acceptance of wines from that area. Badger Mountain map, and continuing The Administrator reserves the right to Therefore, no regulatory flexibility to the intersection with the determine whether to hold a public analysis is required. southernmost point of an unnamed road hearing. Executive Order 12866 known locally as Arena Road; then Confidentiality (7) Proceed north for 0.45 mile along This proposed rule is not a significant Arena Road, crossing onto the Richland All submitted comments and regulatory action as defined by map, to the intersection with the 670- attachments are part of the public record Executive Order 12866. Therefore, it foot elevation contour; then and subject to disclosure. Do not requires no regulatory assessment. enclose any material in your comments (8) Proceed generally east for 0.4 mile that you consider to be confidential or Drafting Information along the elevation contour to the inappropriate for public disclosure. Karen A. Thornton of the Regulations intersection with Dallas Road; then and Rulings Division drafted this (9) Proceed south in a straight line for Public Disclosure document. 0.5 mile, crossing onto the Badger TTB will post, and you may view, Mountain map, to the intersection with copies of this document, selected List of Subjects in 27 CFR Part 9 Interstate 182; then supporting materials, and any online or Wine. (10) Proceed southeast in a straight mailed comments received about this line, crossing onto the Walla Walla map, Proposed Regulatory Amendment proposal within Docket No. TTB–2019– to the top of Badger Mountain; 0006 on the Federal e-rulemaking For the reasons discussed in the * * * * * portal, Regulations.gov, at https:// preamble, we propose to amend title 27, ■ 3. Add § 9.ll to read as follows: www.regulations.gov. A direct link to chapter I, part 9, Code of Federal that docket is available on the TTB Regulations, as follows: §9.ll Candy Mountain. website at https://www.ttb.gov/wine/ (a) Name. The name of the viticultural wine-rulemaking.shtml under Notice PART 9—AMERICAN VITICULTURAL area described in this section is ‘‘Candy No. 184. You may also reach the AREAS Mountain’’. For purposes of part 4 of relevant docket through the this chapter, ‘‘Candy Mountain’’ is a ■ 1. The authority citation for part 9 Regulations.gov search page at https:// term of viticultural significance. continues to read as follows: www.regulations.gov. For instructions (b) Approved maps. The three United on how to use Regulations.gov, visit the Authority: 27 U.S.C. 205. States Geological Survey (USGS) site and click on the ‘‘Help’’ tab at the 1:24,000 scale topographic maps used to Subpart C—Approved American top of the page. determine the boundary of the Candy All posted comments will display the Viticultural Areas Mountain viticultural area are titled: commenter’s name, organization (if ■ 2. Amend § 9.69 by revising (1) Badger Mountain, Washington, any), city, and State, and, in the case of paragraphs (b) and (c)(4), redesignating 2013; mailed comments, all address paragraphs (c)(5) through (c)(10) as (2) Benton City, Washington, 2013; information, including email addresses. paragraphs (c)(11) through (16), and by and TTB may omit voluminous attachments adding new paragraphs (c)(5) through (3) Richland, Washington, 2014. or material that it considers unsuitable (c)(10) to read as follows: (c) Boundary. The Candy Mountain for posting. viticultural area is located in Benton You also may view copies of this § 9.69 Yakima Valley. County in Washington. The boundary of document, all related petitions, maps * * * * * the Candy Mountain viticultural area is and other supporting materials, and any (b) Approved maps. The four United as described below: electronic or mailed comments we States Geological Survey (USGS) maps (1) The beginning point is on the receive about this proposal by used to determine the boundary of the Badger Mountain map at the appointment at the TTB Information Yakima Valley viticultural area are southernmost point of an unnamed road Resource Center, 1310 G Street NW, titled: known locally as Arena Road. From the Suite 400, Washington, DC 20005. You (1) Walla Walla, Washington beginning point, proceed northwest in a may also obtain copies at 20 cents per (1:250,000 scale), 1953; limited revision straight line for approximately 1.85 8.5- x 11-inch page. Contact TTB’s 1963; miles, crossing onto the Benton City

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map, to the intersection with East and the marine environment from be enforced during the replacement of Kennedy Road NE; then potential hazards created during the the submarine cables, abutment (2) Proceed westerly along East replacement project of the MBTA construction, and span replacement or Kennedy Road NE for approximately Railroad Bridge. When enforced, this when other hazards to navigation arise. 2,500 feet to the intersection with an proposed rule would prohibit vessels No vessel or person will be permitted to intermittent creek approximately 0.8 and persons from being in the safety enter the proposed temporary safety mile south of Lost Lake; then zone unless authorized by the Captain zone without obtaining permission from (3) Proceed southeasterly along the of the Port Boston or a designated the COTP or a designated easternmost fork of the intermittent representative. We invite your representative. creek to the intersection with Interstate comments on this proposed rulemaking. The Coast Guard will notify the 82; then DATES: Comments and related material public of closures through the (4) Proceed southeast along Interstate must be received by the Coast Guard on Massachusetts Bay Harbor Safety 82 for 2.25 miles, crossing over the or before September 18, 2019. Committee meetings, Boston’s Port Richland map and onto the Badger ADDRESSES: You may submit comments Operators Group meetings, Local Notice Mountain map, and continuing along identified by docket number USCG– to Mariners and through the Gloucester the ramp onto Interstate 182 to a point 2019–0023 using the Federal Harbormaster’s network. The Coast due south of the intersection of Dallas eRulemaking Portal at http:// Guard will issue a Safety Marine Road and an unnamed road known www.regulations.gov. See the ‘‘Public Information Broadcast (SMIB) via locally as East 260 Private Road NE; Participation and Request for marine channel 16 (VHF–FM) seven then Comments’’ portion of the days in advance of the enforcement of (5) Proceed north in a straight line for SUPPLEMENTARY INFORMATION section for the proposed safety zones. 0.5 mile, crossing onto the Richland further instructions on submitting The purpose of this rulemaking is to map, to the intersection of Dallas Road comments. protect personnel, vessels, and the and the 670-foot elevation contour; then FOR FURTHER INFORMATION CONTACT: If marine environment from potential (6) Proceed west along the 670-foot you have questions about this proposed hazards created during the replacement elevation contour for 0.4 mile to the rulemaking, call or email Mark Cutter, project of the MBTA Railroad Bridge, at intersection with Arena Road; then Waterways Management Division, U.S. mile 0.7, across the Annisquam River, (7) Proceed southerly along Arena Coast Guard Sector Boston, telephone Gloucester, Massachusetts. The Coast Road for approximately 0.45 miles, 617–223–4000, email Mark.E.Cutter@ Guard is proposing this rulemaking returning to the beginning point. uscg.mil. under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). Signed: June 18, 2019. SUPPLEMENTARY INFORMATION: Mary G. Ryan, III. Discussion of Proposed Rule Acting Administrator. I. Table of Abbreviations The Coast Guard is proposing to Approved: June 27, 2019. CFR Code of Federal Regulations COTP Captain of the Port establish a safety zone starting at 12:01 Timothy E. Skud, DHS Department of Homeland Security a.m. on November 1, 2019, to 11:59 p.m. Deputy Assistant Secretary (Tax, Trade, and FR Federal Register on June 30, 2023. The safety zone would Tariff Policy). NPRM Notice of proposed rulemaking cover all navigable waters within 100 [FR Doc. 2019–17688 Filed 8–16–19; 8:45 am] NAD 83 North American Datum 1983 yards of the MBTA Railroad Bridge, at BILLING CODE 4810–31–P § Section mile 0.7, across the Annisquam River, U.S.C. United States Code MBTA Massachusetts Bay Transportation Gloucester, Massachusetts. The safety Authority zone will only be enforced during DEPARTMENT OF HOMELAND periods when work barges and cranes SECURITY II. Background, Purpose, and Legal will be placed in the navigable channel Basis or when other hazards to navigation Coast Guard The MBTA notified Sector Boston that exist. Any closure is expected to last there will be times in which the narrow less than two weeks. The duration of the 33 CFR Part 165 navigable channel underneath the zone is intended to ensure the safety of [Docket Number USCG–2019–0023] MBTA Railroad Bridge, Annisquam vessels, the maritime public, River, Gloucester, Massachusetts, will construction workers, and the marine RIN 1625–AA00 need to be closed for the replacement of environment during periods of Safety Zone, MBTA Railroad Bridge submarine cables, abutment replacement of the MBTA Railroad Replacement Project—Annisquam construction, and span replacement. Bridge over the main channel of the River, Gloucester, MA The exact times are unknown. However, Annisquam River, Gloucester, every effort is being made by the MBTA Massachusetts. During the enforcement AGENCY: Coast Guard, DHS. and contractor to schedule these period, all vessels and persons must ACTION: Notice of proposed rulemaking. closures during the winter months when obtain permission from the COTP boating traffic is minimal. Boston or a designated representative SUMMARY: The Coast Guard proposes to The replacement project started in the before entering the safety zone. establish a temporary safety zone for the fall of 2018 and is expected to be IV. Regulatory Analyses navigable waters within 100 yards of the completed in December 2022. The Massachusetts Bay Transportation COTP Boston determined that the We developed this proposed rule after Authority (MBTA) Railroad Bridge, at potential hazards associated with the considering numerous statutes and mile 0.7, across the Annisquam River, replacement of the submarine cables, Executive orders related to rulemaking. Gloucester, Massachusetts, from abutment construction, and span Below we summarize our analyses November 1, 2019 through June 30, replacement will be a safety concern for based on a number of these statutes and 2023. The temporary safety zone is anyone within the work area. The Executive orders and we discuss First necessary to protect personnel, vessels proposed temporary safety zone would Amendment rights of protestors.

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A. Regulatory Planning and Review small entities during rulemaking. The Coordination with Indian Tribal Executive Orders 12866 and 13563 term ‘‘small entities’’ comprises small Governments, because it would not have direct agencies to assess the costs and businesses, not-for-profit organizations a substantial direct effect on one or benefits of available regulatory that are independently owned and more Indian tribes, on the relationship alternatives and, if regulation is operated and are not dominant in their between the Federal Government and necessary, to select regulatory fields, and governmental jurisdictions Indian tribes, or on the distribution of approaches that maximize net benefits. with populations of less than 50,000. power and responsibilities between the Executive Order 13771 directs agencies The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. to control regulatory costs through a 605(b) that this proposed rule will not If you believe this proposed rule has implications for federalism or Indian budgeting process. This proposed rule have a significant economic impact on tribes, please contact the person listed has not been designated a ‘‘significant a substantial number of small entities. While some owners or operators of in the FOR FURTHER INFORMATION regulatory action,’’ under Executive vessels intending to transit this safety CONTACT section. Order 12866. Accordingly, the proposed zone may be small entities, for the rule has not been reviewed by the Office E. Unfunded Mandates Reform Act reasons stated in section IV.A above, of Management and Budget (OMB), and this proposed rule will not have a The Unfunded Mandates Reform Act pursuant to OMB guidance it is exempt significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires from the requirements of Executive vessel owner or operator. Federal agencies to assess the effects of Order 13771. If you think that your business, their discretionary regulatory actions. In This regulatory action determination organization, or governmental particular, the Act addresses actions is based on the size, location, duration, jurisdiction qualifies as a small entity that may result in the expenditure by a and time of year of the safety zone. and that this rule would have a State, local, or tribal government, in the There may be a time during the boating significant economic impact on it, aggregate, or by the private sector of summer season that the safety zone please submit a comment (see $100,000,000 (adjusted for inflation) or needs to be enforced. However, the ADDRESSES) explaining why you think it more in any one year. Though this MBTA and contractor are making all qualifies and how and to what degree proposed rule would not result in such attempts to schedule these needed this rule would economically affect it. an expenditure, we do discuss the closures during the winter months. We Under section 213(a) of the Small effects of this rule elsewhere in this expect the adverse economic impact of Business Regulatory Enforcement preamble. this proposed rule to be minimal. We Fairness Act of 1996 (Pub. L. 104–121), F. Environment will provide ample notice of the safety we want to assist small entities in zone effective dates and vessels will be understanding this rule. If the rule We have analyzed this proposed rule able to enter the safety zone when would affect your small business, under Department of Homeland construction equipment is not organization, or governmental Security Directive 023–01 and occupying the channel. Although this jurisdiction and you have questions Commandant Instruction M16475.1D, regulation may have some adverse concerning its provisions or options for which guide the Coast Guard in impact on the public, the potential compliance, please contact the person complying with the National impact will be minimal because the listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42 boating season for vessels on the CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a Annisquam usually concludes in mid- not retaliate against small entities that preliminary determination that this October and consequently the amount of question or complain about this action is one of a category of actions that traffic in this waterway during the proposed rule or any policy or action of do not individually or cumulatively effective period for the safety zone is the Coast Guard. have a significant effect on the human limited to a few commercial lobstermen. environment. This proposed rule The Gloucester Harbormaster will be C. Collection of Information involves the establishment of a allowing the lobstermen to moor their This proposed rule would not call for temporary safety zone for the navigable boats at the town docks on the Harbor a new collection of information under waters within 100 yards of the MBTA entrance side during periods of the Paperwork Reduction Act of 1995 Railroad Bridge, at mile 0.7, across the enforcement, which will allow the (44 U.S.C. 3501–3520). Annisquam River, Gloucester, lobstermen to transit to their lobster gear Massachusetts, from November 1, 2019 with no impact. If a summer time D. Federalism and Indian Tribal through June 30, 2023 for the closure is needed, with the exception of Governments replacement of the bridge. The safety an emergency, we will coordinate with A rule has implications for federalism zone will only be enforced during the MBTA, Contractor, and under Executive Order 13132 periods when work barges and cranes Harbormaster to ensure that all (Federalism), if it has a substantial will be placed in the navigable channel alternatives are explored, the duration is direct effect on the States, on the or when other hazards to navigation of the shortest possible timeframe, and relationship between the national arise. As discussed in our pre- a minimum of two weeks notification government and the States, or on the construction meeting, any closure is are given to the boating public via Local distribution of power and expected to be of less than a two-week Notice to Mariners, Safety Marine responsibilities among the various duration and all attempts are being Information Broadcast via marine levels of government. We have analyzed made by the MBTA and contractor to channel 16 (VHF–FM) and through the this proposed rule under that Order and schedule these closures during winter Gloucester Harbormaster network. have determined that it is consistent months when boating traffic is minimal. with the fundamental federalism Normally such actions are categorically B. Impact on Small Entities principles and preemption requirements excluded from further review under The Regulatory Flexibility Act of described in Executive Order 13132. paragraph L60(a) of Appendix A, Table 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have 1 of DHS Instruction Manual 023–01– requires Federal agencies to consider tribal implications under Executive 001–01, Rev. 01. A preliminary Record the potential impact of regulations on Order 13175, Consultation and of Environmental Consideration

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supporting this determination is PART 165—REGULATED NAVIGATION (3) Penalties. Those who violate this available in the docket where indicated AREAS AND LIMITED ACCESS AREAS section are subject to the penalties set under ADDRESSES. We seek any forth in 33 U.S.C. 1232. ■ comments or information that may lead 1. The authority citation for part 165 Dated: August 13, 2019. to the discovery of a significant continues to read as follows: Eric. J. Doucette, environmental impact from this Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the proposed rule. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port Boston. Department of Homeland Security Delegation G. Protest Activities [FR Doc. 2019–17742 Filed 8–16–19; 8:45 am] No. 0170.1. The Coast Guard respects the First BILLING CODE 9110–04–P ■ Amendment rights of protesters. 2. Add a new § 165.T01–0023 to read Protesters are asked to contact the as follows: ENVIRONMENTAL PROTECTION person listed in the FOR FURTHER § 165.T01–0023 Safety Zone; Safety Zone, INFORMATION CONTACT section to MBTA Railroad Bridge Replacement AGENCY coordinate protest activities so that your Project—Annisquam River, Gloucester, 40 CFR Part 52 message can be received without Massachusetts. jeopardizing the safety or security of (a) Location. The following area is a [EPA–R06–OAR–2015–0850; FRL–9997–79– people, places, or vessels. safety zone: All navigable waters within Region 6] V. Public Participation and Request for 100 yards of the Massachusetts Bay Air Plan Approval; New Mexico; Comments Transportation Authority (MBTA) Approval of Revised Statutes; Error Railroad Bridge, at mile 0.7, across the Correction We view public participation as Annisquam River, Gloucester, essential to effective rulemaking, and Massachusetts. AGENCY: Environmental Protection will consider all comments and material (b) Enforcement Periods. This rule is Agency (EPA). received during the comment period. enforceable from 12:01 a.m. on ACTION: Proposed rule. Your comment can help shape the November 1, 2019, to 11:59 p.m. on June outcome of this rulemaking. If you 30, 2023. SUMMARY: Pursuant to the Federal Clean submit a comment, please include the Air Act (CAA or the Act), the (c) Definitions. As used in this docket number for this rulemaking, Environmental Protection Agency (EPA) section: indicate the specific section of this is proposing to approve revisions to document to which each comment (1) Designated representative means New Mexico’s State Implementation applies, and provide a reason for each any Coast Guard commissioned, Plan (SIP) that incorporate updates to suggestion or recommendation. warrant, petty officer, or any federal, the New Mexico statutes. EPA is also We encourage you to submit state, or local law enforcement officer correcting its previous approval of some comments through the Federal who has been designated by the Captain statute provisions to provide eRulemaking Portal at http:// of the Port (COTP) Boston, to act on his clarification of the approval action www.regulations.gov. If your material or her behalf. The designated taken. cannot be submitted using http:// representative may be on an official patrol vessel or may be on shore and DATES: Written comments should be www.regulations.gov, contact the person received on or before September 18, FOR FURTHER INFORMATION will communicate with vessels via in the 2019. CONTACT section of this document for VHF–FM radio or loudhailer. In alternate instructions. addition, members of the Coast Guard ADDRESSES: Submit your comments, We accept anonymous comments. All Auxiliary may be present to inform identified by EPA–R06–OAR–2015– comments received will be posted vessel operators of this regulation. 0850, at https://www.regulations.gov or without change to http:// (2) Official patrol vessels means any via email to [email protected]. For www.regulations.gov and will include Coast Guard, Coast Guard Auxiliary, additional information on how to any personal information you have state, or local law enforcement vessels submit comments see the detailed provided. For more about privacy and assigned or approved by the COTP instructions in the ADDRESSES section of the docket, visit http:// Boston to enforce this section. the direct final rule located in the rules www.regulations.gov/privacyNotice. (d) Regulations. When this safety zone section of this Federal Register. Documents mentioned in this NPRM is enforced, the following regulations, FOR FURTHER INFORMATION CONTACT: Jeff as being available in the docket, and all along with those contained in § 165.23 Riley, (214) 665–8542, Riley.Jeffrey@ public comments, will be in our online apply: epa.gov. docket at http://www.regulations.gov (1) No person or vessel may enter or SUPPLEMENTARY INFORMATION: In the and can be viewed by following that remain in this safety zone without the final rules section of this Federal website’s instructions. Additionally, if permission of the COTP Boston or the Register, the EPA is approving portions you go to the online docket and sign up COTP’s designated representatives. of the State’s SIP submittal as a direct for email alerts, you will be notified However, any person or vessel rule without prior proposal because the when comments are posted or a final permitted to enter the safety zone must Agency views this as noncontroversial rule is published. comply with the directions and orders submittal and anticipates no adverse of the COTP Boston or the COTP’s List of Subjects in 33 CFR Part 165 comments. A detailed rationale for the designated representatives. approval is set forth in the direct final Marine safety, Navigation (water), (2) To obtain permission required by rule. If no relevant adverse comments Reporting and record keeping this regulation, individuals may reach are received in response to this action requirements, Waterways. the COTP Boston or a COTP-designated no further activity is contemplated. If For the reasons discussed in the representative via Channel 16 (VHF– the EPA receives relevant adverse preamble, the Coast Guard proposes to FM) or 617–223–5757 (Sector Boston comments, the direct final rule will be amend 33 CFR part 165 as follows: Command Center). withdrawn and all public comments

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received will be addressed in a Confidential Business Information (CBI) program, major VOC sources, i.e., subsequent final rule based on this or other information whose disclosure is industrial facilities emitting at least 25 proposed rule. The EPA will not restricted by statute. Multimedia tons per year, including at least 10 tons institute a second comment period. Any submissions (audio, video, etc.) must be between May and September, were parties interested in commenting on this accompanied by a written comment. required to participate. ERMS addresses action should do so at this time. The written comment is considered the the period between May 1st through For additional information, see the official comment and should include September 30th, known as the seasonal direct final rule which is located in the discussion of all points you wish to allotment period or season, as ozone rules section of this Federal Register. make. EPA will generally not consider typically forms in the hotter, sunnier Dated: August 13, 2019. comments or comment contents located days of the year. The ERMS program is a cap-and-trade Kenley McQueen, outside of the primary submission (i.e., on the web, cloud, or other file sharing market system in which sources must Regional Administrator, Region 6. system). For additional submission hold allowances, known as Allotment [FR Doc. 2019–17744 Filed 8–16–19; 8:45 am] methods, please contact the person Trading Units (ATUs), for their actual BILLING CODE 6560–50–P identified in the FOR FURTHER VOC emissions during the ERMS INFORMATION CONTACT section. For the season. Every source in the ERMS full EPA public comment policy, program is issued ATUs each year based ENVIRONMENTAL PROTECTION information about CBI or multimedia on its historical baseline emissions. An AGENCY submissions, and general guidance on ATU is equivalent to 200 pounds of VOC. Sources with a surplus of ATUs 40 CFR Part 52 making effective comments, please visit http://www2.epa.gov/dockets/ can bank them for use in the following [EPA–R05–OAR–2019–0032; FRL–9998–46– commenting-epa-dockets. season or trade them to sources that Region 5] FOR FURTHER INFORMATION CONTACT: exceeded their allotments. Under Francisco J. Acevedo, Mobile Source Illinois’ program, ATUs have a two- Air Plan Approval; Illinois; Emissions season lifespan and if they are not used Reduction Market System Sunsetting Program Manager, Control Strategies Section, Air Programs Branch (AR–18J), in the second season, they expire and AGENCY: Environmental Protection Environmental Protection Agency, are no longer allowed to be used to Agency (EPA). Region 5, 77 West Jackson Boulevard, account for emissions at the source. Overall, VOC emissions are limited to ACTION: Proposed rule. Chicago, Illinois 60604, (312) 886–6061, the total number of available ATUs. To [email protected]. address stakeholder concerns that there SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: Agency (EPA) is proposing to approve a may not have been enough ATUs Throughout this document whenever available for purchase, the ERMS State Implementation Plan (SIP) ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean revision submitted by the Illinois program also established an Alternative EPA. This supplementary information Compliance Market Account (ACMA), Environmental Protection Agency section is arranged as follows: (Illinois EPA) on January 11, 2019, to which an amount equal to one concerning the state’s Emissions I. What is the background for this action? percent of the annual amount of ATU II. What changes have been made as part allotments given to sources are Reduction Market System (ERMS) of the SIP revision? program for the Chicago ozone deposited. These ATUs never expire III. What is EPA’s analysis of the state’s while in the ACMA. nonattainment area (NAA) in Illinois. submittal? The revision sunsets the ERMS program IV. What action is EPA taking? Annual allotments of ATUs to sources and effectively removes from the SIP V. Incorporation by reference are made in early April before the start provisions in 35 Illinois Administrative VI. Statutory and Executive Order reviews of the season. Trades of ATUs for the Code (35 IAC) Part 205, as the ERMS season’s emissions must be made by I. What is the background for this December 31st and emissions program is no longer effective in action? providing any additional emissions compensation is performed by Illinois reductions or environmental benefit. The ERMS program was originally EPA in early January of every year. The submittal also includes a implemented in Illinois as a cap-and- ATUs are removed from each source’s demonstration under section 110(l) of trade program designed to reduce the account in an amount equivalent to the emissions of volatile organic source’s emissions during the prior the Clean Air Act (CAA) that addresses 1 emission impacts associated with the compounds (VOC ) in the Chicago season. Sources with an insufficient sunsetting of the program. ozone NAA below the levels required by amount of ATUs in their account at that reasonably available control technology point must either buy them from the DATES: Comments must be received on (RACT) and other regulations. The ACMA or borrow from the source’s or before September 18, 2019. program was intended to achieve allotment for the next year. ADDRESSES: Submit your comments, additional emission reductions needed The ERMS program was adopted by identified by Docket ID No. EPA–R05– for the post-1999 ozone Rate of Progress Illinois in 1997 and implemented in OAR–2019–0032 at http:// (ROP) plan for the now-revoked 1979 1- 2000 and approved as part of the Illinois www.regulations.gov, or via email to hour ozone standard, while providing SIP by EPA on October 15, 2001 (66 FR [email protected]. For comments sources with more flexibility than is 52343). The program was amended in submitted at Regulations.gov, follow the typically present in ‘‘command and 2005 and those amendments were online instructions for submitting control’’ regulations. As part of this approved by EPA on July 7, 2008 (73 FR comments. Once submitted, comments 38328). cannot be edited or removed from 1 Illinois uses the term ‘‘Volatile Organic Regulations.gov. For either manner of Material’’ (VOM) rather than VOC. The state’s II. What changes have been made as submission, EPA may publish any definition of VOM is equivalent to EPA’s definition part of the SIP revision? of VOC at 40 CFR 51.100. The two terms are comment received to its public docket. interchangeable when discussing volatile organic For areas that fail to meet the National Do not submit electronically any emissions. For consistency with the CAA and EPA Ambient Air Quality Standards information you consider to be policy, this rulemaking uses the term VOC. (NAAQS) for ozone, states are required

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by the CAA to develop a SIP for unlikely that emissions will return to interfere with attainment of the NAAQS, attaining and maintaining the NAAQS. the previous levels from when ERMS or any other CAA requirement. Section 182(c)(2)(B) of the CAA further was first implemented. With emissions As part of Illinois’ section 110(l) requires that states must continue to being significantly lower than when the analysis, Illinois EPA evaluated the reduce VOC emissions in those areas at ERMS program began, there is a large impact of existing state and Federal rate of 9% over a subsequent three-year surplus of ATUs. A high percentage of VOC regulations that became effective period. Illinois EPA relied on VOC ATUs issued in a given year are no after 1997 to demonstrate that shutting emission reductions from the ERMS longer used to offset emissions and down the ERMS program will not cause program as part of the post-1999 ozone simply expire. As part of this SIP an increase in emissions. Federally ROP plan for the 2000–2002 milestone submittal, Illinois EPA is requesting enforceable permit limits were also period as required under the now- EPA’s approval of the state’s action to evaluated, as Illinois EPA has the revoked 1979 1-hour ozone NAAQS. sunset the ERMS program as of April 30, authority to set such emission The ROP plan was approved into the 2018 which would therefore allow EPA limitations in construction and SIP on November 11, 2001 (66 FR to remove 35 IAC Part 205 provisions operating permits, pursuant to 415 ILCS 56904). At that time, Illinois EPA from the SIP. Illinois EPA has also 5/9.1 of the Environmental Protection estimated in its ROP plan that the ERMS submitted an anti-backsliding analysis Act (the Act). The list of enforceable program would achieve a VOM in accordance with section 110(l) of the state regulations can be found in Table reduction of 12.6 tons per summer day. CAA to demonstrate that the 1, and the list of Federal regulations can Those reductions represented nearly 7% discontinuation of the ERMS program as be found in Tables 2 and 3 below. of the total Chicago NAA VOC ROP plan of April 30, 2018 will not interfere with State Regulations emissions reductions needed for that attainment or maintenance of any milestone period. applicable NAAQS, RFP, or any other CAA Section 110 requires states to Illinois achieved all the reductions applicable requirement set forth in the develop and implement plans to attain needed under the ROP plan for the CAA. and maintain the NAAQS. In addition, Chicago NAA, but the state is now the CAA contains provisions requiring III. What is EPA’s analysis of the state’s terminating the ERMS program, as it is states to update the SIP whenever there submittal? no longer effective in providing has been a revision to a state regulation environmental benefit. Since the Our primary consideration for within the plan, or when there is a new implementation of ERMS in 2000, actual determining the approvability of the or revised NAAQS that may require a emissions from sources in ERMS have Illinois revisions to remove the ERMS change to an attainment demonstration continued to decrease. These emissions program from the SIP is whether these or maintenance plan. These plans and reductions are due to various factors revisions comply with section 110(l) of revisions are required to be submitted, including the fact that some of the the CAA. Section 110(l) of the CAA reviewed, and approved by EPA. The original affected sources have provides that EPA cannot approve a SIP Act provides the Illinois Pollution permanently shut down. New sources revision if that revision interferes with Control Board with the authority to and emission units that have become any applicable requirement regarding develop rules and regulations necessary subject to ERMS do not emit at the rate attainment and reasonable further for meeting the NAAQS (415 ILCS 5/5). of these older, shut down sources. progress or any other requirement Table 1 lists all the RACT source Additionally, as discussed below, established in the CAA. EPA can, categories that are included as several state and Federal regulations however, approve a SIP revision that regulations in Illinois’ SIP under Title addressing VOC emissions have been removes or modifies control measures in 35 IAC Part 218 for the Chicago NAA promulgated since ERMS began and the SIP once the state makes a that have further reduced emissions for have led to a decline in both allowable ‘‘noninterference’’ demonstration that these sources since the adoption of the and actual emissions and make it very such removal or modification will not ERMS program.

TABLE 1—STATE VOC CONTROL PROGRAMS

Compliance RACT Categories Rule citation (title 35 IAC part 218) date

Industrial cleaning solvents ...... 218 Subpart F ...... 1/1/2012 Flat wood paneling coatings ...... 218.204(p) ...... 5/1/2012 Flexible packaging printing lines ...... 218 Subpart H ...... 8/1/2010 Lithographic printing lines ...... 218 Subpart H ...... 8/1/2010 Letterpress printing lines ...... 218 Subpart H ...... 8/1/2010 Paper, film, and foil coatings ...... 218 Subpart H ...... 5/1/2011 Large appliance coatings ...... 218.204(h)(2) ...... 5/1/2011 Metal furniture coatings ...... 218.204(g)(2) ...... 5/1/2011 Miscellaneous metal and plastic parts coatings ...... 218.204(q) ...... 5/1/2012 Automobile and light-duty truck assembly coatings ...... 218.204(a)(2) ...... 5/1/2012 Miscellaneous industrial adhesives ...... 218 Subpart JJ ...... 5/1/2012 Fiberglass boat manufacturing ...... 218 Subpart JJ ...... 5/1/2012

New Source Performance Standards stationary sources. NSPS applies to standards, measurement methods, (NSPS) new, modified, and reconstructed recordkeeping, and reporting affected sources. These standards may requirements. Illinois EPA has delegated CAA Section 111 authorizes EPA to include equipment specifications, authority to implement and enforce develop and update NSPS regulations emission limitations, work practice that apply to specific categories of

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these standards under the Act (415 ILCS in ERMS, shown in Table 2, that became be used to offset reductions from the 5/9.1). effective or have been updated since ERMS program. Illinois EPA identified several NSPS 1997, whose emissions reductions can regulations that apply to certain sources

TABLE 2—FEDERAL MEASURES—NSPS

North American Industry Category Classification System (NAICS) Code of Federal Regulation Last amended

Petroleum Refineries ...... 324110 40 CFR 60 subpart J–Ja ...... 12/01/2015 Coal Preparation and Processing Plants ...... 324199, 331110 40 CFR 60 subpart Y ...... 10/08/2009 Surface Coating of Metal Furniture ...... 337127 40 CFR 60 subpart EE ...... 10/17/2000 Metal Coil Surface Coating ...... 332812 40 CFR 60 subpart TT ...... 10/17/2000 Beverage Can Surface Coating ...... 332431, 332812 40 CFR 60 subpart WW ...... 10/17/2000 Bulk Gasoline Terminals ...... 324110, 493190, 486910, 40 CFR 60 subpart XX ...... 12/19/2003 486110 Petroleum Refineries Equipment Leaks ...... 324110 40 CFR 60 subpart GGG– 06/02/2008 GGGa. Onshore Natural Gas Plants—VOC Equip. Leaks ...... 211112, 486110, 486210 40 CFR 60 subpart KKK ...... 08/16/2012 Nonmetallic Mineral Processing ...... 327999 40 CFR 60 subpart OOO ...... 04/28/2009 Plastic Parts for Business Machines (surface coating) ...... 326112, 326113 40 CFR 60 subpart TTT ...... 10/17/2000 Flexible Vinyl and Urethane Coating and Printing ...... 322220 40 CFR 60 subpart FFF ...... 10/17/2000 Oil and Gas production, Transmission, and Distribution ...... 211112, 486110, 486210 40 CFR 60 subpart OOOO ..... 06/03/2016

National Emission Standards for listed hazardous air pollutants are also VOC emissions and apply to certain Hazardous Air Pollutants (NESHAP) VOCs. Illinois EPA has delegated sources in ERMS. Table 3 lists the In accordance with Section 112 of the authority to implement and enforce NESHAP regulations that became CAA, EPA established NESHAP these standards under the Act (415 ILCS effective or were amended after 1997 standards to regulate specific categories 5/9.1). and whose emissions reductions can be of stationary sources that emit Illinois EPA identified several used to offset reductions from the ERMS hazardous air pollutants. Some of the NESHAP regulations that also control program.

TABLE 3—FEDERAL MEASURES—NESHAP

Category NAICS Code of Federal Regulation Last amended

Benzene Waste Operations ...... 324110, 325130, 324199 40 CFR 61 subpart FF ...... 12/04/2003 Synthetic Organic Chemical Manufacturing Industry ...... 325120, 325130, 325211, 40 CFR 63 subpart F, G, H, I 12/21/2006 325412, 325510, 325520, 325910, 325998 Gasoline Distribution Facilities ...... 324110, 424710, 486910, 40 CFR 63 subpart R ...... 12/19/2003 493190 Pulp and Paper Industry (MACT I & III) ...... 322212, 322219, 322220 40 CFR 63 subpart S ...... 09/11/2012 Halogenated Solvent Cleaning ...... 331110, 331210, 331318, 40 CFR 63 subpart T ...... 05/03/2007 332322, 332431, 332439, 332811, 332812, 332813, 333120, 336111, 337110, 339991 Group I Polymers and Resins ...... 323111, 325212, 325412 40 CFR 63 subpart U ...... 04/21/2011 Petroleum Refineries ...... 324110 40 CFR 63 subpart CC ...... 07/13/2016 Oil and Natural Gas Production Facilities ...... 211112 40 CFR 63 subpart HH ...... 08/16/2012 Wood Furniture Manufacturing Operations ...... 337110, 337122 40 CFR 63 subpart JJ ...... 12/21/2011 Printing and Publishing Industry ...... 323111 40 CFR 63 subpart KK ...... 12/21/2011 Generic MACT I & II ...... 325211 40 CFR 63 subpart YY ...... 10/08/2014 Pharmaceuticals Production Industry ...... 325412 40 CFR 63 subpart GGG ...... 04/21/2011 Natural Gas Transmission and Storage Facilities ...... 211112, 486110, 486210 40 CFR 63 subpart HHH ...... 08/16/2012 Group IV Polymers and Resins ...... 325212 40 CFR 63 subpart JJJ ...... 03/27/2014 Polyether Polyols Production ...... 325211 40 CFR 63 subpart PPP ...... 03/27/2014 Petroleum Refineries ...... 324110 40 CFR 63 subpart UUU ...... 12/01/2015 Publicly Owned Treatment Works ...... 221320 40 CFR 63 subpart VVV ...... 12/22/2008 Manufacturing of Nutritional Yeast ...... 311999 40 CFR 63 subpart CCCC ..... 05/21/2001 Plywood and Composite Wood Products ...... 321911, 321999 40 CFR 63 subpart DDDD ..... 02/16/2006 Organic Liquids Distribution ...... 325211 40 CFR 63 subpart EEEE ...... 04/23/2008 Miscellaneous Organic Chemical Manufacturing ...... 325510, 325520, 325910, 40 CFR 63 subpart FFFF ...... 12/22/2008 325998 Solvent Extraction for Vegetable Oil Production ...... 311221 40 CFR 63 subpart GGGG ..... 04/12/2001 Surface Coating of Automobiles and Light-Duty Trucks ...... 336111, 336390, 323120 40 CFR 63 subpart IIII ...... 04/24/2007 Paper and Other Web Coating ...... 322212, 322219, 322220, 40 CFR 63 subpart JJJJ ...... 12/04/2002 323111, 323120 Surface Coating of Metal Cans ...... 332431, 332812, 332999 40 CFR 63 subpart KKKK ...... 11/13/2003 Surface Coating of Miscellaneous Metal Parts and Products 336111, 336390 40 CFR 63 subpart MMMM .... 04/20/2006 Surface Coating of Large Appliances ...... 333120, 332999, 333312 40 CFR 63 subpart NNNN ..... 07/23/2002

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TABLE 3—FEDERAL MEASURES—NESHAP—Continued

Category NAICS Code of Federal Regulation Last amended

Printing, Coating, and Dyeing of Fabrics and Other Textiles .. 339991 40 CFR 63 subpart OOOO ..... 08/04/2004 Surface Coating of Plastic Parts and Products ...... 336112 40 CFR 63 subpart PPPP ...... 04/19/2004 Surface Coating of Wood Building Products ...... 321911 40 CFR 63 subpart QQQQ ..... 05/28/2003 Surface Coating of Metal Furniture ...... 337127 40 CFR 63 subpart RRRR ..... 05/23/2003 Surface Coating of Metal Coil ...... 332812, 332813, 332322, 40 CFR 63 subpart SSSS ...... 06/10/2002 332999 Leather Finishing Operations ...... 316110 40 CFR 63 subpart TTTT ...... 02/27/2002 Cellulose Products Manufacturing ...... 326121 40 CFR 63 subpart UUUU ..... 08/10/2005 Reinforced Plastic Composites Production ...... 325211, 325991, 335313 40 CFR 63 subpart WWWW .. 08/25/2005 Coke Ovens: Pushing, Quenching, and Battery Stacks ...... 331110, 324199 40 CFR 63 subpart CCCCC ... 04/14/2003 Integrated Iron and Steel Manufacturing Facilities ...... 331110 40 CFR 63 subpart FFFFF ..... 05/20/2003 Miscellaneous Coating Manufacturing ...... 325510, 325520, 325910, 40 CFR 63 subpart HHHHH ... 12/11/2003 325998 Asphalt Processing and Asphalt Roofing Manufacturing ...... 324110, 324122 40 CFR 63 subpart LLLLL ...... 04/20/2006

Emissions Demonstration for Section emissions), and other inventory data as federally enforceable measures are 110(l) necessary. 178.82 tons/season less than those As part of their section 110(l) As part of Illinois EPA’s section 110(l) allowed under the current ERMS rule on demonstration, Illinois EPA compared demonstration, the state analyzed the its own. Illinois EPA concludes, and each ERMS source’s allotment of ATUs allowable ATUs under the ERMS EPA agrees, that there will be no to the allowable VOM emissions under program and compared them with the increase in allowable VOC emissions the substitute measures as follows: due to the discontinuation of the ERMS allowable VOC emissions under current Each entity that received ATUs for the federally enforceable state and Federal program. 2016 season was identified. This Therefore, Illinois’ SIP revision measures that have been implemented included sources receiving allotments or demonstrates that the sunset of the since 1997. The analysis shows that Emissions Reductions Generators ERMS program is approvable under total allowable VOC emissions under (ERGs), in addition to the ACMA Section 110(l) of the CAA, that Illinois the current federally enforceable state account receiving ATUs from the will continue to meet its SIP obligations, and Federal measures are lower than the allotment, shutdowns, or ERGs. The list and that the SIP revision will not total allowable emissions under ERMS. was then expanded to include sources interfere with the progress to meet and/ To track the emissions inventory in which did not receive an allotment but or maintain the ozone NAAQS in Illinois, the Illinois EPA uses a custom- whose emissions were large enough to Chicago NAA. developed enterprise database system require obtaining ATUs to cover their called the Integrated Comprehensive emissions. These sources are primarily IV. What action is EPA taking? Environmental Management System new participating sources. This EPA is proposing to approve the (ICEMAN). Included in ICEMAN are established the collection of sources revision to the Illinois SIP submitted by subsystems that deal with permit included in the demonstration that the the Illinois EPA on January 11, 2019, tracking, fee billing, inspections, annual proposed termination of the ERMS because the sunset of Illinois’ ERMS emissions reporting, emissions program is approvable as a SIP revision program in the SIP meets all applicable inventory, and ERMS. consistent with CAA Section 110(l). requirements and would not interfere The emissions inventory contains all For calculating allowable emissions with reasonable further progress or permitted sources along with previously under current state and Federal attainment of the ozone NAAQS. As a permitted sources that are now subject measures, the sum of the annual result, EPA is proposing to remove the to the Registration of Smaller Sources allowable emissions from each ERMS provisions (35 IAC Part 205) from program. Emissions are maintained at individual emission process was the SIP. the process level and are then summed obtained from ICEMAN and summed to to obtain the source level emissions. the source level. These allowable V. Incorporation by Reference Each emission unit that is required to be emissions are based on permanent and In this document, EPA is proposing to reported on an ERMS seasonal report federally enforceable state and Federal amend regulatory text that includes has an indicator selected in the database regulations or from federally enforceable incorporation by reference. As described identifying it as such. This allows for construction permit conditions that in the proposed amendments to 40 CFR easy review of the seasonal reports to limit VOC emissions. part 52 set forth below, EPA is ensure the owner or operator of the unit Currently under ERMS, sources are proposing to remove provisions of the is reporting for the appropriate emission allowed to emit 101,654 ATUs, which EPA-Approved Illinois Regulations and units. equates to 10,165.40 tons/season. Statutes from the Illinois State The emissions inventory is Annual allowable emissions from Implementation Plan, which is maintained by Illinois EPA’s Inventory federally enforceable state and Federal incorporated by reference in accordance and Data Support Unit of the Air measures for the same ERMS sources are with the requirements of 1 CFR part 51. Quality Planning Section. Immediately 23,967.79 tons. Since ERMS is a after a construction or operating permit seasonal program, the annual allowable IV. Statutory and Executive Order is issued by the Permit Section, the emissions from substitution measures Reviews issued permit and its application comes must be multiplied by 5/12th, which Under the CAA, the Administrator is to the Inventory and Data Support Unit equals 9,986.58 tons/season. Thus, it is required to approve a SIP submission for updating of the emission units, clearly shown that emissions allowed that complies with the provisions of the emissions (especially allowable under currently implemented and CAA and applicable Federal regulations.

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42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 NAAQS through the end of the second Thus, in reviewing SIP submissions, FR 67249, November 9, 2000). 10-year portion of the maintenance EPA’s role is to approve state choices, period. The effect of this action would List of Subjects in 40 CFR Part 52 provided that they meet the criteria of be to make federally enforceable certain the CAA. Accordingly, this action Environmental protection, Air commitments related to maintenance of merely approves state law as meeting pollution control, Incorporation by the 1997 8-hour ozone NAAQS in these Federal requirements and does not reference, Volatile organic compounds. areas as part of the Indiana SIP. impose additional requirements beyond Dated: August 6, 2019. DATES: Comments must be received on those imposed by state law. For that Cathy Stepp, or before September 18, 2019. reason, this action: Regional Administrator, Region 5. ADDRESSES: Submit your comments, • Is not a ‘‘significant regulatory For the reasons stated in the identified by Docket ID No. EPA–R05– action’’ subject to review by the Office preamble, EPA proposes to amend 40 OAR–2019–0267 at http:// of Management and Budget under CFR part 52 as set forth below: www.regulations.gov, or via email to Executive Orders 12866 (58 FR 51735, [email protected]. For comments October 4, 1993) and 13563 (76 FR 3821, PART 52—APPROVAL AND submitted at Regulations.gov, follow the January 21, 2011); PROMULGATION OF online instructions for submitting • Is not expected to be an Executive IMPLEMENTATION PLANS comments. Once submitted, comments Order 13771 (82 FR 9339, February 2, cannot be edited or removed from 2017) regulatory action because this ■ 1. The authority citation for part 52 Regulations.gov. For either manner of action is not significant under Executive continues to read as follows: submission, EPA may publish any Order 12866; Authority: 42 U.S.C. 7401 et seq. comment received to its public docket. • Does not impose an information Do not submit electronically any collection burden under the provisions Subpart O—Illinois information you consider to be of the Paperwork Reduction Act (44 ■ Confidential Business Information (CBI) U.S.C. 3501 et seq.); 2. In § 52.720, the table in paragraph or other information whose disclosure is • Is certified as not having a (c) is amended by removing the restricted by statute. Multimedia significant economic impact on a undesignated headings ‘‘Subchapter b: submissions (audio, video, etc.) must be substantial number of small entities Alternative Reduction Program’’ ‘‘Part accompanied by a written comment. under the Regulatory Flexibility Act (5 205: Emissions Reduction Market The written comment is considered the U.S.C. 601 et seq.); System’’ and all the undesignated official comment and should include • Does not contain any unfunded subheadings and entries up to and discussion of all points you wish to mandate or significantly or uniquely including ‘‘205.760’’. make. EPA will generally not consider [FR Doc. 2019–17666 Filed 8–16–19; 8:45 am] affect small governments, as described comments or comment contents located in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P outside of the primary submission (i.e. of 1995 (Public Law 104–4); on the web, cloud, or other file sharing • Does not have Federalism ENVIRONMENTAL PROTECTION system). For additional submission implications as specified in Executive AGENCY methods, please contact the person Order 13132 (64 FR 43255, August 10, identified in the FOR FURTHER 1999); 40 CFR Part 52 INFORMATION CONTACT section. For the • Is not an economically significant full EPA public comment policy, regulatory action based on health or [EPA–R05–OAR–2019–0267; FRL–9998–45– information about CBI or multimedia safety risks subject to Executive Order Region 5] submissions, and general guidance on 13045 (62 FR 19885, April 23, 1997); Air Plan Approval; Indiana; Limited making effective comments, please visit • Is not a significant regulatory action Maintenance Plan for 1997 Ozone http://www2.epa.gov/dockets/ subject to Executive Order 13211 (66 FR NAAQS; Evansville, Fort Wayne, commenting-epa-dockets. 28355, May 22, 2001); Greene County, Jackson County, FOR FURTHER INFORMATION CONTACT: • Is not subject to requirements of Muncie, and Terre Haute Michael Leslie, Environmental Section 12(d) of the National Engineer, Control Strategies Section, Air Technology Transfer and Advancement AGENCY: Environmental Protection Programs Branch (AR–18J), Act of 1995 (15 U.S.C. 272 note) because Agency (EPA). Environmental Protection Agency, application of those requirements would ACTION: Proposed rule. Region 5, 77 West Jackson Boulevard, be inconsistent with the CAA; and Chicago, Illinois 60604, (312) 353–6680, • Does not provide EPA with the SUMMARY: The Environmental Protection [email protected]. discretionary authority to address, as Agency (EPA) is proposing to approve a SUPPLEMENTARY INFORMATION: appropriate, disproportionate human submission from the State of Indiana as Throughout this document, the terms health or environmental effects, using a state implementation plan (SIP) ‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. practicable and legally permissible revision in according with the Clean Air methods, under Executive Order 12898 Act (CAA). On April 25, 2019, the state Table of Contents (59 FR 7629, February 16, 1994). submitted its 1997 8-hour ozone I. What action is EPA taking? In addition, the SIP is not approved national ambient air quality standards II. What is the background for these actions? to apply on any Indian reservation land (NAAQS or standard) Limited III. What is EPA’s Evaluation of Indiana’s SIP or in any other area where EPA or an Maintenance Plan (LMP) for the Submittals? Indian tribe has demonstrated that a following Indiana areas:] Evansville, 1. Attainment Emissions Inventory tribe has jurisdiction. In those areas of Fort Wayne, Greene County, Jackson 2. Maintenance Demonstration 3. Monitoring Network and Verification of Indian country, the rule does not have County, Muncie, and Terre Haute. EPA Continued Attainment tribal implications and will not impose is proposing to approve the LMPs for 4. Contingency Plan substantial direct costs on tribal these areas because they provide for the IV. Transportation Conformity governments or preempt tribal law as maintenance of the 1997 8-hour ozone V. Proposed Action

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VI. Statutory and Executive Order Reviews averaged over an 8-hour period. 62 FR contingency provisions as necessary to 2 I. What action is EPA taking? 38856 (July 18, 1997). EPA set the 1997 assure that violations of the standard 8-hour ozone NAAQS based on will be promptly corrected. At the end Under the CAA, EPA is proposing to scientific evidence demonstrating that of the eighth year after the effective date approve the 1997 8-hour ozone NAAQS ozone causes adverse health effects at of the redesignation, the state must also LMPs for the following Indiana areas: lower concentrations and over longer submit a second maintenance plan to Evansville, Fort Wayne, Greene County, periods of time than was understood ensure ongoing maintenance of the Jackson County, Muncie, and Terre when the pre-existing 1-hour ozone standard for an additional ten years. See Haute. Indiana submitted the LMPs on NAAQS was set. EPA determined that CAA section 175A. April 25, 2019. the 1997 8-hour standard would be EPA has published long-standing These LMPs for the 1997 8-hour more protective of human health, guidance for states on developing ozone NAAQS submitted by Indiana are especially for children and adults who maintenance plans. EPA’s guidance designed to maintain the 1997 8-hour are active outdoors, and individuals entitled, ‘‘Procedures for Processing ozone NAAQS through the end of the with a preexisting respiratory disease, Requests to Redesignate Areas to second 10-year period beyond such as asthma. Attainment,’’ September 4, 1992 redesignation. We are proposing to Following promulgation of a new or (Calcagni memo) provides that states approve these LMPs because they meet revised NAAQS, EPA is required by the may generally demonstrate maintenance all applicable requirements under CAA CAA to designate areas throughout the by either performing air quality sections 110 and 175A. nation as attaining or not attaining the modeling to show that the future mix of NAAQS. On April 15, 2004, EPA sources and emission rates will not II. What is the background for these designated the six Indiana areas as cause a violation of the NAAQS or by actions? nonattainment for the 1997 8-hour showing that future emissions of a Ground-level ozone is formed when ozone NAAQS, and the designations pollutant and its precursors will not oxides of nitrogen (NOX) and volatile became effective on June 15, 2004. exceed the level of emissions during a organic compounds (VOC) react in the Under the CAA, states are also required year when the area was attaining the presence of sunlight. These two to adopt and submit SIPs to implement, NAAQS (i.e., attainment year pollutants, referred to as ozone maintain, and enforce the NAAQS in inventory). See Calcagni memo at 9. precursors, are emitted by many types of designated nonattainment areas and EPA clarified in three subsequent pollution sources, including on-road throughout the state. guidance memos that certain and off-road motor vehicles and When a nonattainment area has three nonattainment areas could meet the engines, power plants and industrial years of complete, certified air quality CAA section 175A requirement to facilities, and smaller area sources such data that has been determined to attain provide for maintenance by as lawn and garden equipment and the 1997 8-hour ozone NAAQS, and the demonstrating that the area’s design paints. Scientific evidence indicates that area has met other required criteria value 4 was well below the NAAQS and adverse public health effects occur described in section 107(d)(3)(E) of the that the historical stability of the area’s following exposure to ozone, CAA, the state can submit to EPA a air quality levels showed that the area particularly in children and adults with request to be redesignated to attainment, was unlikely to violate the NAAQS in lung disease. Breathing air containing referred to as a ‘‘maintenance area’’.3 the future.5 EPA refers to this ozone can reduce lung function and These six Indiana areas have been streamlined demonstration of inflame airways, which can increase redesignated to attainment of the 1997 maintenance as an LMP. EPA has respiratory symptoms and aggravate 8-hour ozone NAAQS (70 FR 77026, 72 interpreted CAA section 175A as asthma or other lung diseases. FR 1292, 70 FR 69085, 70 FR 69085, 70 permitting this option because section Ozone exposure also has been FR 69443, 71 FR 541). One of the 175A of the CAA defines few specific associated with increased susceptibility criteria for redesignation is to have an content requirements for maintenance to respiratory infections, medication approved maintenance plan under CAA plans, and in EPA’s experience use, doctor visits, and emergency section 175A. The maintenance plan implementing the various NAAQS, department visits and hospital must demonstrate that the area will areas that qualify for an LMP and have admissions for individuals with lung continue to maintain the standard for approved LMPs have rarely, if ever, disease. Ozone exposure also increases the period extending ten years after experienced subsequent violations of the risk of premature death from heart redesignation and contain such the NAAQS. As noted in the LMP or lung disease. Children are at additional measures as necessary to guidance memoranda, states seeking an increased risk from exposure to ozone ensure maintenance and such LMP must still submit the other because their lungs are still developing, maintenance plan elements outlined in and they are more likely to be active 2 In March 2008, EPA completed another review the Calcagni memo, including: An outdoors, which increases their of the primary and secondary ozone standards and attainment emissions inventory, exposure.1 tightened them further by lowering the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 4 In 1979, under section 109 of the The ozone design value for a monitoring site is Additionally, in October 2015, EPA completed a the 3-year average of the annual fourth-highest daily CAA, EPA established primary and review of the primary and secondary ozone maximum 8-hour average ozone concentrations. secondary NAAQS for ozone at 0.12 standards and tightened them by lowering the level The design value for an ozone nonattainment area parts per million (ppm), averaged over for both to 0.70 ppm. 80 FR 65292 (October 26, is the highest design value of any monitoring site 2015). in the area. a 1-hour period. 44 FR 8202 (February 3 Section 107(d)(3)(E) of the CAA sets out the 5 See ‘‘Limited Maintenance Plan Option for 8, 1979). On July 18, 1997, EPA revised requirements for redesignation. They include Nonclassifiable Ozone Nonattainment Areas’’ from the primary and secondary NAAQS for attainment of the NAAQS, full approval under Sally L. Shaver, Office of Air Quality Planning and ozone to set the acceptable level of section 110(k) of the applicable SIP, determination Standards (OAQPS), dated November 16, 1994; that improvement in air quality is a result of ‘‘Limited Maintenance Plan Option for ozone in the ambient air at 0.08 ppm, permanent and enforceable reductions in emissions, Nonclassifiable CO Nonattainment Areas’’ from demonstration that the state has met all applicable Joseph Paisie, OAQPS, dated October 6, 1995; and 1 See ‘‘Fact Sheet, Proposal to Revise the National section 110 and part D requirements, and a fully ‘‘Limited Maintenance Plan Option for Moderate Ambient Air Quality Standards for Ozone,’’ January approved maintenance plan under CAA section PM10 Nonattainment Areas’’ from Lydia Wegman, 6, 2010 and 75 FR 2938 (January 19, 2010). 175A. OAQPS, dated August 9, 2001.

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provisions for the continued operation designated attainment for the 2008 8- TABLE 1—2014 TYPICAL SUMMER DAY of the ambient air quality monitoring hour ozone NAAQS. South Coast, 882 8-HOUR OZONE EMISSIONS FOR THE network, verification of continued F.3d 1138 (D.C. Cir. 2018). Thus, states EVANSVILLE, INDIANA AREA—Con- attainment, and a contingency plan in with these ‘‘orphan maintenance areas’’ tinued the event of a future violation of the under the 1997 8-hour ozone NAAQS NAAQS. Moreover, states seeking an must submit maintenance plans for the [Tons/day] LMP must still submit its section 175A second maintenance period. VOC NOX maintenance plan as a revision to its Accordingly, on April 25, 2019, Indiana Source category emissions emissions SIP, with all attendant notice and submitted a second maintenance plan in comment procedures. the form of an LMP for the following Nonroad ...... 2.83 3.03 While the LMP guidance memoranda Indiana areas: Evansville, Fort Wayne, Onroad ...... 6.93 11.73 were originally written with respect to Greene County, Jackson County, Point ...... 3.66 34.68 certain NAAQS,6 EPA has extended the Muncie, and Terre Haute. These LMPs LMP interpretation of section 175A to show that each area is expected to other NAAQS and pollutants not remain in attainment of the 1997 8-hour TABLE 2—2014 TYPICAL SUMMER DAY specifically covered by the previous ozone NAAQS through the end of the 8-HOUR OZONE EMISSIONS FOR THE guidance memos.7 In this case, EPA is last year of the second 10-year FORT WAYNE, INDIANA AREA proposing to approve the Indiana LMPs, maintenance period, i.e., through the [Tons/day] because the state has made a showing, end of the full 20-year maintenance

consistent with EPA’s prior LMP period. VOC NOX Source category emissions emissions guidance, that each of the six Indiana III. What is EPA’s evaluation of area’s ozone concentrations are well Indiana’s SIP submittals? below the 1997 8-hour ozone NAAQS Nonpoint ...... 15.67 2.94 and have been historically stable. EPA has reviewed the 1997 8-hour Nonroad ...... 5.76 5.38 Indiana has submitted LMPs for the ozone NAAQS LMPs which are Onroad ...... 10.57 21.48 Evansville, Fort Wayne, Greene County, designed to maintain the 1997 8-hour Point ...... 5.67 6.05 Jackson County, Muncie, and Terre ozone NAAQS within the Evansville, Haute, Indiana areas’ 1997 8-hour ozone Fort Wayne, Greene County, Jackson County, Muncie, and Terre Haute, TABLE 3—2014 TYPICAL SUMMER DAY NAAQS maintenance area to fulfill the 8-HOUR OZONE EMISSIONS FOR THE second maintenance plan requirement Indiana areas through the end of the 20- GREENE COUNTY, INDIANA AREA in the CAA. Our evaluation of these year period beyond redesignation, as 1997 8-hour ozone NAAQS LMPs is required under CAA section 175A(b). [Tons/day] presented below. The following is a summary of EPA’s 9 Under CAA section 175A(b), states interpretation of the requirements and Source category VOC NOX must submit a revision to the first EPA’s evaluation of how each emissions emissions requirement is met. maintenance plan eight years after Nonpoint ...... 3.26 0.90 redesignation to provide for 1. Attainment Emissions Inventory Nonroad ...... 0.61 0.67 maintenance of the NAAQS for ten For maintenance plans, a state should Onroad ...... 1.23 2.20 additional years following the end of the Point ...... 0.06 0.07 first 10-year period. EPA’s final develop a comprehensive, accurate implementation rule for the 2008 8-hour inventory of actual emissions for an ozone NAAQS revoked the 1997 8-hour attainment year to identify the level of TABLE 4—2014 TYPICAL SUMMER DAY emissions which is sufficient to ozone NAAQS and stated that one 8-HOUR OZONE EMISSIONS FOR THE consequence of revocation was that maintain the NAAQS. A state should develop this inventory consistent with JACKSON COUNTY, INDIANA AREA areas that had been redesignated to [Tons/day] attainment (i.e., maintenance areas) for EPA’s most recent guidance on the 1997 8-hour ozone standard no emissions inventory development. For ozone, the inventory should be based on VOC NOX longer needed to submit second 10-year Source category emissions emissions maintenance plans under CAA section typical ozone season workday of VOCs 175A(b).8 In South Coast Air Quality and NOX, as these pollutants are Nonpoint ...... 2.59 0.25 Management District v. EPA, the D.C. precursors to ozone formation. The Nonroad ...... 1.05 1.13 Circuit vacated EPA’s interpretation Indiana LMP’s ozone attainment Onroad ...... 1.73 4.78 that, because of the revocation of the inventories reflect typical summer Point ...... 1.38 1.01 1997 8-hour ozone standard, second weekday emissions in 2014. Table 1 maintenance plans were not required for through 7 present a summary of the TABLE 5—2014 TYPICAL SUMMER DAY ‘‘orphan maintenance areas,’’ i.e., areas inventories for 2014 contained in the that had been redesignated to maintenance plans. 8-HOUR OZONE EMISSIONS FOR THE attainment for the 1997 8-hour ozone JACKSON COUNTY, INDIANA AREA NAAQS maintenance areas and were TABLE 1—2014 TYPICAL SUMMER DAY [Tons/day] 8-HOUR OZONE EMISSIONS FOR THE 6 EVANSVILLE, INDIANA AREA The prior memos addressed: Unclassifiable Source category VOC NOX areas under the 1-hour ozone NAAQS, [Tons/day] emissions emissions nonattainment areas for the PM10 (particulate matter with an aerodynamic diameter less than 10 Nonpoint ...... 2.59 0.25 VOC NOX microns) NAAQS, and nonattainment areas for the Source category Nonroad ...... 1.05 1.13 carbon monoxide NAAQS. emissions emissions Onroad ...... 1.73 4.78 7 See, e.g., 79 FR 41900 (July 18, 2014) (Approval Nonpoint ...... 10.57 2.99 of second ten-year LMP for Grant County 1971 SO2 Point ...... 1.38 1.01 maintenance area). 8 See 80 FR 12315 (March 6, 2015). 9 See Calcagni memo.

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TABLE 6—2014 TYPICAL SUMMER DAY Based on our review of the methods, must not exceed 0.08 ppm. Based on the 8-HOUR OZONE EMISSIONS FOR THE models, and assumptions used by rounding convention described in 40 MUNCIE, INDIANA AREA Indiana to develop the VOC and NOX CFR part 50, appendix I, the standard is estimates, we propose to find that the attained if the design value is 0.084 ppm [Tons/day] Indiana 1997 8-hour ozone NAAQS or below. Consistent with prior LMP areas include a comprehensive, guidance, EPA believes that if the most VOC NOX Source category emissions emissions reasonably accurate inventory of actual recent air quality design value for the ozone precursor emissions in attainment area is at a level that is well below the Nonpoint ...... 5.21 1.56 year 2014, and propose to conclude that NAAQS (e.g., below 85% of the Nonroad ...... 1.26 1.62 the plan’s inventory is acceptable for the standard, or in this case below 0.071 Onroad ...... 3.48 8.32 purposes of a subsequent maintenance Point ...... 0.02 0.36 ppm), then EPA considers the state to plan under CAA section 175A(b). have met the section 175A requirement 2. Maintenance Demonstration for a demonstration that the area will TABLE 7—2014 TYPICAL SUMMER DAY maintain the NAAQS for the requisite The maintenance plan demonstration 8-HOUR OZONE EMISSIONS FOR THE period. Such a demonstration assumes requirement is considered to be satisfied continued applicability of prevention of TERRE HAUTE, INDIANA AREA in a LMP if the state can provide [Tons/day] significant deterioration requirements sufficient information indicating that air and any control measures already in the quality in the area is well below the SIP, and that Federal measures will VOC NOX level of the standard, that past air Source category emissions emissions remain in place through the end of the quality trends have been shown to be second 10-year maintenance period. Nonpoint ...... 5.40 1.76 stable, and that the probability of the Nonroad ...... 1.64 1.37 area experiencing a violation over the Table 8 presents the design values for Onroad ...... 3.23 6.06 second 10-year maintenance period is each monitor in the Indiana areas over Point ...... 1.70 10.44 low.10 These criteria are evaluated the 2016–2018 period. These monitoring below with regard to the Indiana areas. sites have recorded levels well below Indiana used 2014 summer day a. Evaluation of ozone air quality the level of the 1997 8-hour ozone emissions from EPA 2014 version 7.0 levels. NAAQS over the entire first 10-year modeling platform as the basis for the To attain the 1997 8-hour ozone maintenance period. As shown below, attainment inventory. These data are NAAQS, the three-year average of the the most current design values continue based on the most recently available fourth-highest daily maximum 8-hour to be below the level of 85% of the National Emissions Inventory (2014 NEI average ozone concentrations (design NAAQS, consistent with prior LMP version 2). value) at each monitor within an area guidance.

TABLE 8—1997 8-HOUR OZONE NAAQS DESIGN VALUES [Parts per million]

Design value Area County AQS site ID (DV) DV <0.071 ppb 2016–2018 eligible LMP

Evansville ...... Vanderburgh ...... 181630013 0.068 Yes. Vanderburgh ...... 181630021 0.068 Yes. Warrick ...... 181730008 0.069 Yes. Warrick ...... 181730011 0.068 Yes. Fort Wayne ...... Allen ...... 180030002 0.067 Yes. Allen ...... 180030004 0.066 Yes. Greene County ...... Greene ...... 180550001 0.067 Yes. Jackson County ...... Jackson ...... 180710001 0.066 Yes. Muncie ...... Delaware ...... 180350010 0.066 Yes. Terre Haute ...... Vigo ...... 181670018 0.068 Yes. Vigo ...... 181670024 0.067 Yes.

Therefore, the Evansville, Fort Wayne, areas through the second 10-year for these areas occurs in the Greene Greene County, Jackson County, maintenance period and beyond. County area and is expected to be 0.064 Muncie, and Terre Haute, Indiana areas Additional supporting information ppm, which is well below the 1997 8- are eligible for the LMP option, and we that these areas are expected to continue hour ozone NAAQS. to maintain the standard can be found propose to find that the long record of 3. Monitoring Network and Verification in EPA modeling projections of future monitored ozone concentrations that of Continued Attainment attain the NAAQS, together with the year design values. This modeling was completed to assist states with EPA periodically reviews the ozone continuation of existing VOC and NOX emissions control programs, adequately development of interstate transport SIPs monitoring network that Indiana provide for the maintenance of the 1997 for the 2015 8-hour ozone NAAQS. operates and maintains, in accordance 8-hour ozone NAAQS in the Indiana Those projections, made for the year with 40 CFR part 58. This network is 2023, show that the highest design value consistent with the ambient air

10 ‘‘Limited Maintenance Plan Option for ‘‘Limited Maintenance Plan Option for PM10 Nonattainment Areas’’ from Lydia Wegman, Nonclassifiable Ozone Nonattainment Areas’’ from Nonclassifiable CO Nonattainment Areas’’ from OAQPS, dated August 9, 2001. Sally L. Shaver, Office of Air Quality Planning and Joseph Paisie, OAQPS, dated October 6, 1995; and Standards (OAQPS), dated November 16, 1994; ‘‘Limited Maintenance Plan Option for Moderate

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monitoring network assessment and selection is made. Listed below are requirements, satisfy the pertinent plan developed by Indiana that is example measures that may be requirements of section 175A. submitted annually to EPA and that considered. The selection of measures IV. Transportation Conformity follows a public notification and review will be based upon cost-effectiveness, process. EPA has reviewed and emission reduction potential, economic Transportation conformity is required approved the Indiana’s 2019 Ambient and social considerations or other by section 176(c) of the CAA. Air Monitoring Network Assessment factors that Indiana deems appropriate. Conformity to a SIP means that and Plan. Indiana has committed to Indiana will solicit input from all transportation activities will not continue to maintain a network in interested and affected persons in the produce new air quality violations, accordance with EPA requirements. maintenance area prior to selecting worsen existing violations, or delay timely attainment of the NAAQS (CAA 4. Contingency Plan appropriate contingency measures. The listed contingency measures are 176(c)(1)(B)). EPA’s conformity rule at The contingency plan provisions are potentially effective or proven methods 40 CFR part 93 requires that designed to promptly correct or prevent of obtaining significant reductions of transportation plans, programs and a violation of the NAAQS that might ozone precursor emissions. Because it is projects conform to SIPs and establish occur after redesignation of an area to not possible at this time to determine the criteria and procedures for attainment. Section 175A of the CAA what control measure will be determining whether or not they requires that a maintenance plan appropriate at an unspecified time in conform. The conformity rule generally include such contingency measures as the future, the list of contingency requires a demonstration that emissions EPA deems necessary to assure that the measures outlined below is not from the Regional Transportation Plan state will promptly correct a violation of comprehensive. Indiana anticipates that (RTP) and the Transportation the NAAQS that occurs after only a few of these measures will be Improvement Program (TIP) are redesignation. The maintenance plan required. consistent with the motor vehicle should identify the contingency (1) A lower-Reid vapor pressure emissions budget (MVEB) contained in measures to be adopted, a schedule and gasoline program. the control strategy SIP revision or procedure for adoption and (2) Broader geographic applicability of maintenance plan (40 CFR 93.101, implementation of the contingency existing measures. 93.118, and 93.124). A MVEB is defined measures, and a time limit for action by (3) A tightening of reasonably as ‘‘that portion of the total allowable the state. The state should also identify available control technology (RACT) on emissions defined in the submitted or specific indicators to be used to existing sources covered by EPA Control approved control strategy determine when the contingency Technique Guidelines issued in implementation plan revision or measures need to be adopted and response to the 1990 CAA Amendments. maintenance plan for a certain date for implemented. The maintenance plan (4) The application of RACT to the purpose of meeting reasonable must include a requirement that the smaller existing sources. further progress milestones or state will implement all pollution (5) A vehicle inspection/maintenance demonstrating attainment or control measures that were contained in program. maintenance of the NAAQS, for any the SIP before redesignation of the area (6) One or more transportation control criteria pollutant or its precursors, to attainment. See section 175A(d) of measures sufficient to achieve at least allocated to highway and transit vehicle the CAA. 0.5% reduction in actual area wide VOC use and emissions (40 CFR 93.101). Indiana’s contingency plan defines a emissions. Transportation measures will Under the conformity rule, LMP areas warning level and action level response. be selected from the following, based may demonstrate conformity without a A warning level shall be prompted upon the factors listed above after regional emission analysis (40 CFR whenever an annual average fourth high consultation with affected local 93.109(e)). monitored value of 0.089 ppm occurs in governments: However, because LMP areas are still a single ozone season, or a two-year (a) Trip reduction programs, maintenance areas, certain aspects of average fourth high monitored value of including, but not limited to, employer- transportation conformity 0.085 ppm or greater occurs within the based transportation management plans, determinations still will be required for maintenance area. The action level area wide rideshare programs, work transportation plans, programs and response shall be prompted whenever a schedule changes, and telecommuting. projects. Specifically, for such three-year average fourth high (b) Transit improvements. determinations, RTPs, TIPs and monitored value of 85 ppb or greater (c) Traffic flow improvements. transportation projects still will have to occurs within the maintenance area. In (d) Other new or innovative demonstrate that they are fiscally the event that the action level is transportation measures not yet in constrained (40 CFR 93.108), meet the triggered and is not due to an widespread use that affects state and criteria for consultation (40 CFR 93.105) exceptional event, malfunction, or local governments deemed appropriate. and Transportation Control Measure noncompliance with a permit condition (7) Alternative fuel and diesel retrofit implementation in the conformity rule or rule requirement, Indiana will programs for fleet vehicle operations. provisions (40 CFR 93.112 and 40 CFR determine additional control measures (8) Controls on consumer products 93.113, respectively). Additionally, needed to assure future attainment of consistent with those adopted elsewhere conformity determinations for RTPs and NAAQS for ozone. In this case, in the United States. TIPs must be determined no less measures that can be implemented in a (9) The requirement of VOC or NOX frequently than every four years, and short time will be selected in order to emission offsets for new and modified conformity of plan and TIP amendments be in place within 18 months from the major sources. and transportation projects is close of the ozone season that prompted (10) The requirement of VOC or NOX demonstrated in accordance with the the action level. emission offsets for new and modified timing requirements specified in 40 CFR Contingency measures to be minor sources. 93.104. In addition, for projects to be considered will be selected from a EPA finds that Indiana’s contingency approved they must come from a comprehensive list of measures deemed measures, as well as the commitment to currently conforming RTP and TIP (40 appropriate and effective at the time the continue implementing any SIP CFR 93.114 and 93.115).

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V. Proposed Action • Is not subject to requirements of (Belmont County), and Youngstown- Under section 175A of the CAA and Section 12(d) of the National Warren-Sharon [OH–PA] (Columbiana, for the reasons set forth above, EPA is Technology Transfer and Advancement Mahoning, and Trumbull Counties) proposing to approve the LMPs for the Act of 1995 (15 U.S.C. 272 note) because multi-state areas. EPA is proposing to Evansville, Fort Wayne, Greene County, application of those requirements would approve these Ohio LMPs because they be inconsistent with the CAA; and provide for the maintenance of the 1997 Jackson County, Muncie, and Terre • Haute, Indiana areas for the 1997 8-hour Does not provide EPA with the 8-hour ozone NAAQS through the end ozone NAAQS. These plans were discretionary authority to address of the second 10-year portion of the submitted by Indiana on April 25, 2019, disproportionate human health or maintenance period. The effect of this as a revision to the Indiana SIP. We environmental effects with practical, action would be to make certain believe the 1997 8-hour ozone NAAQS appropriate, and legally permissible commitments related to maintenance of LMPs are sufficient to provide for methods under Executive Order 12898 the 1997 8-hour ozone NAAQS in these maintenance of the 1997 8-hour ozone (59 FR 7629, February 16, 1994). areas federally enforceable as part of the NAAQS in these areas over the second In addition, the SIP is not approved Ohio SIP. maintenance period. to apply on any Indian reservation land DATES: Written comments must be or in any other area where EPA or an received at the address below on or VI. Statutory and Executive Order Indian tribe has demonstrated that a before September 18, 2019. Reviews tribe has jurisdiction. In those areas of ADDRESSES: Submit your comments, Under the CAA, the Administrator is Indian country, the rule does not have identified by Docket ID No. EPA–R05– required to approve a SIP submission tribal implications and will not impose OAR–2019–0216 at http:// that complies with the provisions of the substantial direct costs on tribal www.regulations.gov, or via email to Act and applicable federal regulations. governments or preempt tribal law as [email protected]. For comments 42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 submitted at Regulations.gov, follow the Thus, in reviewing SIP submissions, FR 67249, November 9, 2000). online instructions for submitting EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 comments. Once submitted, comments provided that they meet the criteria of Environmental protection, Air cannot be edited or removed from the CAA. Accordingly, this proposed Regulations.gov. For either manner of action merely proposes to approve state pollution control, Incorporation by reference, Intergovernmental relations, submission, EPA may publish any law as meeting federal requirements and comment received to its public docket. does not impose additional Nitrogen oxides, Ozone, Volatile organic compounds. Do not submit electronically any requirements beyond those imposed by information you consider to be state law. For that reason, this proposed Dated: August 6, 2019. Confidential Business Information (CBI) action: Cathy Stepp, or other information whose disclosure is • Is not a ‘‘significant regulatory Regional Administrator, Region 5. restricted by statute. Multimedia action’’ subject to review by the Office [FR Doc. 2019–17665 Filed 8–16–19; 8:45 am] submissions (audio, video, etc.) must be of Management and Budget under BILLING CODE 6560–50–P accompanied by a written comment. Executive Orders 12866 (58 FR 51735, The written comment is considered the October 4, 1993) and 13563 (76 FR 3821, official comment and should include January 21, 2011); ENVIRONMENTAL PROTECTION discussion of all points you wish to • Is not an Executive Order 13771 (82 AGENCY make. EPA will generally not consider FR 9339, February 2, 2017) regulatory comments or comment contents located action because it is not a significant 40 CFR Part 52 outside of the primary submission (i.e. regulatory action under Executive Order [EPA–R05–OAR–2019–0216; FRL–9998–44– on the web, cloud, or other file sharing 12866; Region 5] • Does not impose an information system). For additional submission methods, please contact the person collection burden under the provisions Air Plan Approval; Ohio; Second of the Paperwork Reduction Act (44 identified in the FOR FURTHER Limited Maintenance Plans for 1997 INFORMATION CONTACT section. For the U.S.C. 3501 et seq.); Ozone NAAQS • Is certified as not having a full EPA public comment policy, significant economic impact on a AGENCY: Environmental Protection information about CBI or multimedia substantial number of small entities Agency (EPA). submissions, and general guidance on under the Regulatory Flexibility Act (5 ACTION: Proposed rule. making effective comments, please visit U.S.C. 601 et seq.); http://www2.epa.gov/dockets/ • Does not contain any unfunded SUMMARY: Pursuant to the Clean Air Act commenting-epa-dockets. mandate or significantly or uniquely (CAA), the Environmental Protection FOR FURTHER INFORMATION CONTACT: affect small governments, as described Agency (EPA) is proposing to approve a Charles Hatten, Environmental in the Unfunded Mandates Reform Act state implementation plan (SIP) revision Engineer, Control Strategies Section, Air of 1995 (Pub. L. 104–4); submitted by the State of Ohio. On April Programs Branch (AR–18J), • Does not have Federalism 12, 2019, the state submitted the 1997 Environmental Protection Agency, implications as specified in Executive 8-hour ozone national ambient air Region 5, 77 West Jackson Boulevard, Order 13132 (64 FR 43255, August 10, quality standards (NAAQS or standard) Chicago, Illinois 60604, (312) 886–6031, 1999); Limited Maintenance Plan (LMP) for the [email protected]. • Is not an economically significant Canton-Massillon (Stark County), Lima SUPPLEMENTARY INFORMATION: regulatory action based on health or (Allen County), and Toledo (Lucas and Throughout this document, the terms safety risks subject to Executive Order Wood Counties) areas and the Ohio ‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. 13045 (62 FR 19885, April 23, 1997); portion of the Parkersburg-Marietta • Is not a significant regulatory action [OH–WV] (Washington County), Table of Contents subject to Executive Order 13211 (66 FR Steubenville-Weirton [OH–WV] I. What action is EPA taking? 28355, May 22, 2001); (Jefferson County), Wheeling [OH–WV] II. What is the background for these actions?

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III. EPA’s Evaluation of Ohio’s SIP Submittal lung disease. Breathing air containing When a nonattainment area has three 1. Attainment Emissions Inventory ozone can reduce lung function and years of complete, certified air quality 2. Maintenance Demonstration inflame airways, which can increase data that has been determined to attain 3. Monitoring Network and Verification of the 1997 8-hour ozone NAAQS, and the Continued Attainment respiratory symptoms and aggravate 4. Contingency Plan asthma or other lung diseases. area has met other required criteria IV. Transportation Conformity Ozone exposure also has been described in section 107(d)(3)(E) of the V. Proposed Action associated with increased susceptibility CAA, the state can submit to EPA a VI. Statutory and Executive Order Reviews to respiratory infections, medication request to be redesignated to attainment, referred to as a ‘‘maintenance area’’.3 I. What action is EPA taking? use, doctor visits, and emergency department visits and hospital One of the criteria for redesignation is Under the CAA, EPA is proposing to admissions for individuals with lung to have an approved maintenance plan approve the 1997 8-hour ozone NAAQS disease. Ozone exposure also increases under CAA section 175A. The LMPs for the Canton-Massillon (Stark the risk of premature death from heart maintenance plan must demonstrate County), Lima (Allen County), and or lung disease. Children are at that the area will continue to maintain Toledo (Lucas and Wood Counties) increased risk from exposure to ozone the standard for the period extending 10 areas and the Ohio portion of the because their lungs are still developing years after redesignation and contain Parkersburg-Marietta [OH–WV] and they are more likely to be active such additional measures as necessary (Washington County), Steubenville- outdoors, which increases their to ensure maintenance and such Weirton [OH–WV] (Jefferson County), exposure.1 contingency provisions as necessary to Wheeling [OH–WV] (Belmont County), In 1979, under section 109 of the assure that violations of the standard and Youngstown-Warren-Sharon [OH– CAA, EPA established primary and will be promptly corrected. At the end PA](Columbiana, Mahoning, and secondary NAAQS for ozone at 0.12 of the eighth year after the effective date Trumbull Counties) multi-state areas, parts per million (ppm), averaged over of the redesignation, the state must also submitted by Ohio on April 12, 2019. a 1-hour period. 44 FR 8202 (February submit a second maintenance plan to On June 15, 2004 these areas were 8, 1979). On July 18, 1997, EPA revised ensure ongoing maintenance of the designated as nonattainment for the standard for an additional 10 years. See 1997 8-hour ozone NAAQS. The the primary and secondary NAAQS for ozone to set the acceptable level of CAA section 175A. Canton-Massillon (Stark County), Lima EPA has published long-standing ozone in the ambient air at 0.08 ppm, (Allen County), Parkersburg-Marietta guidance for states on developing averaged over an 8-hour period. 62 FR (Washington County), Steubenville- maintenance plans.4 The Calcagni 38856 (July 18, 1997).2 EPA established Weirton (Jefferson County), and memo provides that states may the 8-hour ozone NAAQS based on Wheeling (Belmont County) areas were generally demonstrate maintenance by scientific evidence demonstrating that redesignated to attainment of that either performing air quality modeling ozone causes adverse health effects at standard on May 16, 2007 (72 FR to show that the future mix of sources lower concentrations and over longer 27647). The Toledo (Lucas and Wood and emission rates will not cause a Counties) and Youngstown-Warren- periods of time than was understood violation of the NAAQS or by showing Sharon (Columbiana, Mahoning, and when the pre-existing 1-hour ozone that future emissions of a pollutant and Trumbull Counties) areas were NAAQS was set. EPA determined that its precursors will not exceed the level redesignated to attainment of that the 1997 8-hour ozone standard would of emissions during a year when the standard, respectively, on August 9, be more protective of human health, area was attaining the NAAQS (i.e., 2007 (72 FR 44784), and June 12, 2007 especially for children and adults who attainment year inventory). See Calcagni (72 FR 32190). are active outdoors, and individuals memo at 9. EPA clarified in three These LMPs for the 1997 8-hour with a pre-existing respiratory disease, subsequent guidance memos that certain ozone NAAQS, submitted by Ohio, are such as asthma. nonattainment areas could meet the designed to maintain the 1997 8-hour Following promulgation of a new or CAA section 175A requirement to ozone NAAQS through the end of the revised NAAQS, EPA is required by the provide for maintenance by second 10-year period of the CAA to designate areas throughout the demonstrating that the area’s design maintenance period. EPA is proposing nation as attaining or not attaining the value 5 was well below the NAAQS and to approve the LMPs because they meet NAAQS. On April 15, 2004, EPA that the historical stability of the area’s all applicable requirements under CAA designated the Ohio areas as air quality levels showed that the area sections 110 and 175A. nonattainment for the 1997 8-hour was unlikely to violate the NAAQS in ozone NAAQS, and the designations II. What is the background for these became effective on June 15, 2004. 3 Section 107(d)(3)(E) of the CAA sets out the actions? Under the CAA, states are also required requirements for redesignation. They include Ground-level ozone is formed when to adopt and submit SIPs to implement, attainment of the NAAQS, full approval under section 110(k) of the applicable SIP, determination oxides of nitrogen (NOX) and volatile maintain, and enforce the NAAQS in that improvement in air quality is a result of organic compounds (VOC) react in the designated nonattainment areas and permanent and enforceable reductions in emissions, presence of sunlight. These two throughout the state. demonstration that the state has met all applicable pollutants, referred to as ozone section 110 and part D requirements, and a fully approved maintenance plan under CAA section precursors, are emitted by many types of 1 See ‘‘Fact Sheet, Proposal to Revise the National 175A. pollution sources, including on-road Ambient Air Quality Standards for Ozone,’’ January 4 Calcagni, John, Director, Air Quality and off-road motor vehicles and 6, 2010 and 75 FR 2938 (January 19, 2010). Management Division, EPA Office of Air Quality 2 engines, power plants and industrial In March 2008, EPA completed another review Planning and Standards, ‘‘Procedures for Processing of the primary and secondary ozone standards and Requests to Redesignate Areas to Attainment,’’ facilities, and smaller area sources such tightened them further by lowering the level for September 4, 1992 (Calcagni memo). as lawn and garden equipment and both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 5 The ozone design value for a monitoring site is paints. Scientific evidence indicates that Additionally, in October 2015, EPA completed a the 3-year average of the annual fourth-highest daily adverse public health effects occur review of the primary and secondary ozone maximum 8-hour average ozone concentrations. standards and tightened them by lowering the level The design value for an ozone nonattainment area following exposure to ozone, for both to 0.70 ppm. 80 FR 65292 (October 26, is the highest design value of any monitoring site particularly in children and adults with 2015). in the area.

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the future.6 EPA refers to this Youngstown-Warren-Sharon Counties). These LMPs show that each streamlined demonstration of (Columbiana, Mahoning, and Trumbull area is expected to remain in attainment maintenance as an LMP. EPA has Counties) to fulfill the second 1997 8- of the 1997 8-hour ozone NAAQS interpreted CAA section 175A as hour ozone NAAQS maintenance plan through the end of the last year of the permitting this option because section requirement in the CAA. Our evaluation second 10-year maintenance period, i.e., 175A of the CAA defines few specific of these 1997 8-hour ozone NAAQS through the end of the full 20-year content requirements for maintenance LMPs is presented in section III. maintenance period. plans, and in EPA’s experience Under CAA section 175A(b), states III. EPA’s Evaluation of Ohio’s SIP implementing the various NAAQS, must submit a revision to the first Submittal areas that qualify for an LMP and have maintenance plan eight years after approved LMPs have rarely, if ever, redesignation to provide for EPA has reviewed the 1997 8-hour experienced subsequent violations of maintenance of the NAAQS for 10 ozone NAAQS LMPs which are the NAAQS. As noted in the LMP additional years following the end of the designed to maintain the 1997 8-hour guidance memoranda, states seeking an first 10-year period. EPA’s final ozone NAAQS within the areas of LMP must still submit the other implementation rule for the 2008 ozone Canton-Massillon (Stark County, OH), maintenance plan elements outlined in NAAQS revoked the 1997 8-hour ozone Lima (Allen County, OH), Toledo (Lucas the Calcagni memo, including: An NAAQS and stated that one and Wood Counties, OH), and the Ohio attainment emissions inventory, consequence of revocation was that portion in the areas of Parkersburg- provisions for the continued operation areas that had been redesignated to Marietta (Washington County), of the ambient air quality monitoring attainment (i.e., maintenance areas) for Steubenville-Weirton (Jefferson County), network, verification of continued the 1997 standard no longer needed to Wheeling (Belmont County), attainment, and a contingency plan in submit second 10-year maintenance Youngstown-Warren-Sharon the event of a future violation of the plans under CAA section 175A(b).9 In (Columbiana, Mahoning and Trumbull NAAQS. Moreover, states seeking an South Coast Air Quality Management Counties) through the end of the 20-year LMP must still submit their section District v. EPA, the D.C. Circuit vacated maintenance period beyond 175A maintenance plan as a revision to EPA’s interpretation that, because of the redesignation, as required under CAA their state implementation plan, with all revocation of the 1997 8-hour ozone section 175A(b). The following is a attendant notice and comment standard, second maintenance plans summary of EPA’s interpretation of the procedures. were not required for ‘‘orphan requirements 10 and EPA’s evaluation of While the LMP guidance memoranda maintenance areas,’’ i.e., areas that had how each requirement is met. was originally written with respect to been redesignated to attainment for the 1. Attainment Emissions Inventory certain NAAQS,7 EPA has extended the 1997 8-hour ozone NAAQS LMP interpretation of section 175A to maintenance areas and were designated For maintenance plans, a state should other NAAQS and pollutants not attainment for the 2008 ozone NAAQS. develop a comprehensive, accurate specifically covered by the previous South Coast, 882 F.3d 1138 (D.C. Cir. inventory of actual emissions for an guidance memos.8 In this case, EPA is 2018). Thus, states with these ‘‘orphan attainment year to identify the level of proposing to approve the Ohio LMPs, maintenance areas’’ under the 1997 8- emissions which is sufficient to because the state has made a showing, hour ozone NAAQS must submit maintain the NAAQS. A state should consistent with EPA’s prior LMP maintenance plans for the second develop this inventory consistent with guidance, that each of the Ohio area’s maintenance period. Accordingly, on EPA’s most recent guidance on ozone concentrations are well below the April 12, 2019, Ohio submitted a second emissions inventory development. For 1997 8-hour ozone NAAQS and have maintenance plan in the form of an LMP ozone, the inventory should be based on been historically stable. Ohio has for the areas of Canton-Massillon (Stark typical summer day emissions of VOCs submitted LMPs for the areas of Canton- County), Lima (Allen County), Toledo and NOX, as these pollutants are Massillon (Stark County), Lima (Allen (Lucas and Wood Counties), precursors to ozone formation. The Ohio County), Toledo (Lucas and Wood Parkersburg-Marietta (Washington LMP’s ozone attainment inventories Counties), and the Ohio portion of the County), Steubenville-Weirton (Jefferson reflect typical summer day emissions in Parkersburg-Marietta (Washington County), Wheeling (Belmont County), 2014. Table 1 presents a summary of the County), Steubenville-Weirton (Jefferson Youngstown-Warren-Sharon inventories for 2014 contained in the County), Wheeling (Belmont County), (Columbiana, Mahoning and Trumbull maintenance plans.

TABLE 1—TYPICAL 2014 SUMMER DAY VOC AND NOX EMISSIONS [Tons/day]

VOC NOX Area Source category emissions emissions

Canton-Massillon (OH) ...... Nonroad ...... 6.46 4.74 Onroad ...... 7.59 12.66 Point ...... 2.87 3.81 Area ...... 14.85 3.31

6 See ‘‘Limited Maintenance Plan Option for ‘‘Limited Maintenance Plan Option for Moderate microns) NAAQS, and nonattainment areas for the Nonclassifiable Ozone Nonattainment Areas’’ from PM10 Nonattainment Areas’’ from Lydia Wegman, carbon monoxide NAAQS. Sally L. Shaver, Office of Air Quality Planning and OAQPS, dated August 9, 2001. 8 See, e.g., 79 FR 41900 (July 18, 2014) (Approval Standards (OAQPS), dated November 16, 1994; 7 The prior memos addressed: Unclassifiable of second ten-year LMP for Grant County 1971 SO2 ‘‘Limited Maintenance Plan Option for areas under the 1-hour ozone NAAQS, maintenance area). 9 Nonclassifiable CO Nonattainment Areas’’ from nonattainment areas for the PM10 (particulate matter See 80 FR 12315 (March 6, 2015). Joseph Paisie, OAQPS, dated October 6, 1995; and with an aerodynamic diameter less than 10 10 See Calcagni memo.

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TABLE 1—TYPICAL 2014 SUMMER DAY VOC AND NOX EMISSIONS—Continued [Tons/day]

VOC NOX Area Source category emissions emissions

Total Area ...... 31.77 24.52 Lima (OH) ...... Nonroad ...... 1.35 1.57 Onroad ...... 2.29 4.46 Point ...... 5.08 7.62 Area ...... 4.55 1.03

Total Area ...... 13.27 14.68 Parkersburg-Marietta (OH–WV) ...... Nonroad ...... 2.82 1.55 Onroad ...... 4.00 7.71 Point ...... 2.84 16.81 Area ...... 8.29 6.21

Total Area ...... 17.95 32.28 Steubenville-Weirton (OH–WV) ...... Nonroad ...... 2.07 1.09 Onroad ...... 2.31 3.84 Point ...... 2.13 37.54 Area ...... 15.76 4.53

Total Area ...... 22.27 47.00 Toledo (OH) ...... Nonroad ...... 8.70 8.41 Onroad ...... 11.51 22.62 Point ...... 7.37 12.48 Area ...... 21.19 9.37

Total Area ...... 48.77 52.88 Wheeling (OH–WV) ...... Nonroad ...... 2.69 1.26 Onroad ...... 4.36 8.50 Point ...... 1.25 24.68 Area ...... 27.64 5.97

Total Area ...... 35.94 40.41 Youngstown-Warren-Sharon (OH–PA) ...... Nonroad ...... 9.71 6.68 Onroad ...... 13.33 27.92 Point ...... 5.01 7.07 Area ...... 40.73 10.53

Total Area ...... 68.78 52.20

Ohio used 2014 summer day quality trends have been shown to be or below. Consistent with prior emissions from ‘‘the EPA 2014 version stable, and that the probability of the guidance, EPA believes that if the most 7.0’’ modeling platform as the basis for area experiencing a violation over the recent air quality design value for the the attainment inventory. These data are second 10-year maintenance period is area is at a level that is well below the based on the most recently available low.11 These criteria are evaluated NAAQS (e.g., below 85% of the National Emissions Inventory (2014 NEI below with regard to the Ohio areas. standard, or in this case below 0.071 version 2). ppm), then EPA considers the state to a. Evaluation of Ozone Air Quality have met the section 175A requirement Based on our review of the methods, Levels models, and assumptions used by Ohio for a demonstration that the area will to develop the VOC and NOX estimates, To attain the 1997 8-hour ozone maintain the NAAQS for the requisite we propose to find that the Ohio 1997 NAAQS, the three-year average of the period. Such a demonstration assumes 8-hour ozone NAAQS LMP areas fourth-highest daily maximum 8-hour continued applicability of Prevention of include a comprehensive, reasonably average ozone concentrations (design Significant Deterioration requirements, accurate inventory of actual ozone value) at each monitor within an area any control measures already in the SIP, precursor emissions in attainment year must not exceed 0.08 ppm. Based on the and Federal measures will remain in 2014, and propose to conclude that the rounding convention described in 40 place through the end of the second 10- plan’s inventory is acceptable for the CFR part 50, appendix I, the standard is year maintenance period, absent a purposes of a subsequent maintenance attained if the design value is 0.084 ppm showing consistent with section 110(l) plan under CAA section 175A(b). that such measures are not necessary to 11 ‘‘Limited Maintenance Plan Option for assure maintenance. 2. Maintenance Demonstration Nonclassifiable Ozone Nonattainment Areas’’ from Sally L. Shaver, Office of Air Quality Planning and Table 2 presents the design values for The maintenance plan demonstration Standards (OAQPS), dated November 16, 1994; each monitor site in the subject areas requirement is considered to be satisfied ‘‘Limited Maintenance Plan Option for over the 2015–2017 period. For the in a LMP if the state can provide Nonclassifiable CO Nonattainment Areas’’ from multi-state areas that Ohio is Joseph Paisie, OAQPS, dated October 6, 1995; and sufficient weight of evidence indicating ‘‘Limited Maintenance Plan Option for Moderate addressing, Table 2 includes all that air quality in the area is well below PM10 Nonattainment Areas’’ from Lydia Wegman, applicable monitors in the area, the level of the standard, that past air OAQPS, dated August 9, 2001. including monitors located in other

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states’ portions of the area, to address the level of the 1997 8-hour ozone sites continues to be below the level of whether the entire area is at or below 85 NAAQS over the entire first 10-year 85% of the NAAQS, consistent with percent of the NAAQS. These maintenance period. As shown below, prior LMP guidance. monitoring sites have been well below the most current design value for all

TABLE 2—1997 8-HOUR OZONE NAAQS DESIGN VALUES [Part per million]

Design value Area County AQS site ID (DV) DV <0.071 ppm 2016–2018 eligible LMP

Canton-Massillon (OH) ...... Stark ...... 39–151–0016 0.069 Yes. Canton-Massillon (OH) ...... Stark ...... 39–151–0022 0.066 Yes. Canton-Massillon (OH) ...... Stark ...... 39–151–4005 0.068 Yes. Lima (OH) ...... Allen ...... 39–003–0009 0.067 Yes. Parkersburg-Marietta (OH–WV) ...... Washington ...... 39–167–0004 0.064 Yes. Parkersburg-Marietta (OH–WV) ...... Wood (WV) ...... 54–107–10021 0.065 Yes. Steubenville-Weirton (OH–WV) ...... Jefferson ...... 39–081–0017 0.062 Yes. Steubenville-Weirton (OH–WV) ...... Hancock (WV) ...... 54–029–0009 0.066 Yes. Toledo (OH) ...... Lucas ...... 39–095–0024 0.066 Yes. Toledo (OH) ...... Lucas ...... 39–095–0027 0.064 Yes. Toledo (OH) ...... Wood ...... 39–173–0003 0.064 Yes. Wheeling (OH–WV) ...... Belmont ...... 54–069–0010 0.067 Yes. Youngstown-Warren-Sharon (OH–PA) ...... Mahoning ...... 39–099–0013 0.059 Yes. Youngstown-Warren-Sharon (OH–PA) ...... Trumbull ...... 39–155–0011 0.068 Yes. Youngstown-Warren-Sharon (OH–PA) ...... Trumbull ...... 39–155–0013 0.066 Yes. Youngstown-Warren-Sharon (OH–PA) ...... Mercer (PA) ...... 42–085–0100 0.068 Yes. Youngstown-Warren-Sharon (OH–PA) ...... Mercer (PA) ...... 42–085–9991 0.065 Yes.

Therefore, the areas of Canton- 4. Contingency Plan standard (three year average fourth high Massillon (Stark County, OH), Lima The contingency plan provisions are monitored value of 84 ppb or greater (Allen County, OH), Toledo (Lucas and designed to promptly correct or prevent occurs within the maintenance area) Wood counties of OH), and the portions a violation of the NAAQS that might shall prompt an action level response. of Ohio within Parkersburg-Marietta occur after redesignation of an area to In the event that the action level is OH–WV (Washington County), attainment. Section 175A of the CAA triggered and is not due to an Steubenville-Weirton OH–WV (Jefferson requires that a maintenance plan exceptional event, malfunction, or County), Wheeling OH–WV (Belmont include such contingency measures as noncompliance with a permit condition County), and Youngstown-Warren- EPA deems necessary to assure that the or rule requirement, Ohio will Sharon OH–PA(Columbiana, Mahoning state will promptly correct a violation of determine additional control measures and Trumbull Counties) multi-states the NAAQS that occurs after needed to assure future attainment of areas are eligible for the LMP option, redesignation. The maintenance plan NAAQS for ozone. In this case, measures that can be implemented in a and we propose to find that the long should identify the contingency short time will be selected in order to record of monitored ozone measures to be adopted, a schedule and procedure for adoption and be in place within eighteen 18 months concentrations that attain the NAAQS, from the close of the ozone season that together with the continuation of implementation of the contingency measures, and a time limit for action by prompted the action level. existing VOC and NOX emissions control programs, adequately provide the state. The state should also identify Contingency measures to be for the maintenance of the 1997 8-hour specific indicators to be used to considered will be selected from a comprehensive list of measures deemed ozone NAAQS in the areas through the determine when the contingency measures need to be adopted and appropriate and effective at the time the second 10-year maintenance period and implemented. The maintenance plan selection is made. Listed below are beyond. must include a requirement that the example measures that may be 3. Monitoring Network and Verification state will implement all pollution considered. The selection of measures of Continued Attainment control measures that were contained in will be based upon cost-effectiveness, the SIP before redesignation of the area emission reduction potential, economic EPA periodically reviews the ozone to attainment. See section 175A(d) of and social considerations or other monitoring network that Ohio operates the CAA. factors that Ohio deems appropriate. and maintains, in accordance with 40 Ohio’s contingency plan defines a Ohio will solicit input from all CFR part 58. This network is consistent warning level and action level response. interested and affected persons in the with the ambient air monitoring A warning level shall be prompted maintenance area prior to selecting network assessment and plan developed whenever an annual fourth high appropriate contingency measures. The by Ohio that is submitted annually to monitored value of 0.088 ppm occurs in listed contingency measures are EPA and that follows a public a single ozone season within the potentially effective or proven methods notification and review process. Ohio maintenance area. The action level of obtaining significant reductions of has committed to continue to maintain response shall be prompted whenever a ozone precursor emissions. Because it is a network in accordance with EPA two year average fourth high monitored not possible at this time to determine requirements. value of 84 ppb or greater occurs within what control measure will be the maintenance area. A violation of the appropriate at an unspecified time in

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the future, the list of contingency requires a demonstration that emissions NAAQS LMPs are sufficient to provide measures outlined below is not from the Regional Transportation Plan for maintenance of the 1997 8-hour exhaustive. Ohio anticipates that only a (RTP) and the Transportation ozone NAAQS in these areas through few of these measures will be required. Improvement Program (TIP) are the second 10-year portion of the (1) Tighten reasonably available consistent with the motor vehicle maintenance period. control technology (RACT) on existing emissions budget (MVEB) contained in VI. Statutory and Executive Order sources covered by EPA’s Control the control strategy SIP revision or Reviews Technique Guidelines issued in maintenance plan (40 CFR 93.101, response to the 1990 CAA Amendments. 93.118, and 93.124). A MVEB is defined Under the CAA, the Administrator is (2) Apply RACT requirements to as ‘‘that portion of the total allowable required to approve a SIP submission smaller existing sources. emissions defined in the submitted or that complies with the provisions of the (3) Require one or more transportation approved control strategy CAA and applicable Federal regulations. control measures sufficient to achieve at implementation plan revision or 42 U.S.C. 7410(k); 40 CFR 52.02(a). least 0.5% reduction in actual area wide maintenance plan for a certain date for Thus, in reviewing SIP submissions, VOC emissions. Transportation the purpose of meeting reasonable EPA’s role is to approve state choices, measures will be selected from the further progress milestones or provided that they meet the criteria of following, based upon the factors listed demonstrating attainment or the CAA. Accordingly, this proposed above after consultation with affected maintenance of the NAAQS, for any action merely proposes to approve state local governments: criteria pollutant or its precursors, law as meeting Federal requirements (a) Trip reduction programs, allocated to highway and transit vehicle and does not impose additional including, but not limited to, employer- use and emissions (40 CFR 93.101). requirements beyond those imposed by based transportation management plans, Under the conformity rule, LMP areas state law. For that reason, this proposed area wide rideshare programs, work may demonstrate conformity without a action: schedule changes, and telecommuting. regional emission analysis (40 CFR • Is not a ‘‘significant regulatory (b) Transit improvements. 93.109(e)). action’’ subject to review by the Office (c) Traffic flow improvements. However, because LMP areas are still of Management and Budget under (d) Other new or innovative maintenance areas, certain aspects of Executive Orders 12866 (58 FR 51735, transportation measures not yet in transportation conformity October 4, 1993) and 13563 (76 FR 3821, widespread use that affects state and determinations still will be required for January 21, 2011); local governments deemed appropriate. transportation plans, programs and • Is not an Executive Order 13771 (82 (4) Apply alternative fuel and diesel projects. Specifically, for such FR 9339, February 2, 2017) regulatory retrofit programs for fleet vehicle determinations, RTPs, TIPs and action because it is not a significant operations. transportation projects still will have to regulatory action under Executive Order (5) Require VOC or NOX emission demonstrate that they are fiscally 12866; offsets for new and modified major constrained (40 CFR 93.108), meet the • Does not impose an information sources. criteria for consultation (40 CFR 93.105) collection burden under the provisions (6) Require VOC or NOX emission and Transportation Control Measure of the Paperwork Reduction Act (44 offsets for new and modified minor (TCM) implementation in the U.S.C. 3501 et seq.); sources. conformity rule provisions (40 CFR • Is certified as not having a (7) Adopt NOX RACT requirements 93.112 and 40 CFR 93.113, significant economic impact on a for existing combustion sources. respectively). Additionally, conformity substantial number of small entities (8) Apply high volume, low pressure determinations for RTPs and TIPs must under the Regulatory Flexibility Act (5 coating application requirements for be determined no less frequently than U.S.C. 601 et seq.); autobody facilities. every four years, and conformity of plan • Does not contain any unfunded (9) Apply requirements for cold and TIP amendments and transportation mandate or significantly or uniquely cleaner degreaser operations (low vapor projects is demonstrated in accordance affect small governments, as described pressure solvents). with the timing requirements specified in the Unfunded Mandates Reform Act EPA proposes to find that Ohio’s in 40 CFR 93.104. In addition, for of 1995 (Pub. L. 104–4); contingency measures, as well as the projects to be approved they must come • Does not have Federalism commitment to continue implementing from a currently conforming RTP and implications as specified in Executive any SIP requirements, satisfy the TIP (40 CFR 93.114 and 93.115). Order 13132 (64 FR 43255, August 10, pertinent requirements of CAA section V. Proposed Action 1999); 175A. • Is not an economically significant Under sections 110(k) and 175A of the regulatory action based on health or IV. Transportation Conformity CAA, for the reasons set forth above, safety risks subject to Executive Order Transportation conformity is required EPA is proposing to approve the LMPs 13045 (62 FR 19885, April 23, 1997); by section 176(c) of the CAA. for Canton-Massillon (Stark County), • Is not a significant regulatory action Conformity to a SIP means that Lima (Allen County), Toledo (Lucas and subject to Executive Order 13211 (66 FR transportation activities will not Wood Counties) areas, and the Ohio 28355, May 22, 2001); produce new air quality violations, portion of the Parkersburg-Marietta • Is not subject to requirements of worsen existing violations, or delay (Washington County), Steubenville- Section 12(d) of the National timely attainment of the NAAQS (CAA Weirton (Jefferson County), Wheeling Technology Transfer and Advancement 176(c)(1)(B)). EPA’s conformity rule at (Belmont County), Youngstown-Warren- Act of 1995 (15 U.S.C. 272 note) because 40 CFR part 93 requires that Sharon (Columbiana, Mahoning, and application of those requirements would transportation plans, programs and Trumbull Counties) multi-state areas for be inconsistent with the CAA; and projects conform to SIPs and establish the 1997 8-hour ozone NAAQS. These • Does not provide EPA with the the criteria and procedures for LMPs were submitted by Ohio on April discretionary authority to address determining whether or not they 12, 2019, as a revision to the Ohio SIP. disproportionate human health or conform. The conformity rule generally We find that the 1997 8-hour ozone environmental effects with practical,

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appropriate, and legally permissible tribal implications and will not impose reference, Intergovernmental relations, methods under Executive Order 12898 substantial direct costs on tribal Nitrogen oxides, Ozone, Volatile organic (59 FR 7629, February 16, 1994). governments or preempt tribal law as compounds. In addition, the SIP is not approved specified by Executive Order 13175 (65 Dated: August 6, 2019. to apply on any Indian reservation land FR 67249, November 9, 2000). or in any other area where EPA or an Cathy Stepp, Indian tribe has demonstrated that a List of Subjects in 40 CFR Part 52 Regional Administrator, Region 5. tribe has jurisdiction. In those areas of Environmental protection, Air [FR Doc. 2019–17669 Filed 8–16–19; 8:45 am] Indian country, the rule does not have pollution control, Incorporation by BILLING CODE 6560–50–P

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Notices Federal Register Vol. 84, No. 160

Monday, August 19, 2019

This section of the FEDERAL REGISTER in Broussard, Louisiana (Subzone 124T), for the period of review February 1, contains documents other than rules or as described in the application and 2018, through January 31, 2019.2 proposed rules that are applicable to the Federal Register notice, subject to the On February 28, 2019, Tokai Carbon public. Notices of hearings and investigations, FTZ Act and the Board’s regulations, GE LLC (the petitioner) 3 requested an committee meetings, agency decisions and including Section 400.13. administrative review of the order for rulings, delegations of authority, filing of petitions and applications and agency Dated: August 13, 2019. 199 producers and/or exporters of the statements of organization and functions are Jeffrey I. Kessler, subject merchandise, including Fushun examples of documents appearing in this Jinly Petrochemical Carbon Co., Ltd. Assistant Secretary for Enforcement and 4 section. Compliance, Alternate Chairman, Foreign- (Fushun Jinly). On May 2, 2019, in Trade Zones Board. accordance with section 751(a) of the [FR Doc. 2019–17764 Filed 8–16–19; 8:45 am] Tariff Act of 1930, as amended (the Act), DEPARTMENT OF COMMERCE we initiated an administrative review of BILLING CODE 3510–DS–P the order on small diameter graphite Foreign-Trade Zones Board electrodes from China with respect to [Order No. 2086] DEPARTMENT OF COMMERCE 199 companies.5 On July 11, 2019, the petitioner withdrew its administrative Approval of Subzone Status; Offshore International Trade Administration review request with respect to all Energy Services, Inc.; Broussard, companies except Fushun Jinly,6 and on Louisiana [A–570–929] July 23, 2019, we rescinded the Small Diameter Graphite Electrodes administrative review request for all Pursuant to its authority under the Foreign- companies, except Fushun Jinly.7 On Trade Zones Act of June 18, 1934, as From the People’s Republic of China: amended (19 U.S.C. 81a–81u), the Foreign- Notice of Rescission of Antidumping July 31, 2019, the petitioner withdrew Trade Zones Board (the Board) adopts the Duty Administrative Review; 2018– its administrative review request for 8 following Order: 2019 Fushun Jinly. Whereas, the Foreign-Trade Zones Rescission of Administrative Review AGENCY: Enforcement and Compliance, (FTZ) Act provides for ‘‘. . . the International Trade Administration, Pursuant to 19 CFR 351.213(d)(1), the establishment . . . of foreign-trade Department of Commerce. Secretary will rescind an administrative zones in ports of entry of the United review, in whole or in part, if the party States, to expedite and encourage SUMMARY: The Department of Commerce that requested the review withdraws its foreign commerce, and for other (Commerce) is rescinding the request within 90 days of the date of purposes,’’ and authorizes the Foreign- administrative review of the publication of the notice of initiation of Trade Zones Board to grant to qualified antidumping duty order on small the requested review. In this case, the corporations the privilege of diameter graphite electrodes from the petitioner timely withdrew its review establishing foreign-trade zones in or People’s Republic of China (China) for requests by the 90-day deadline. No adjacent to U.S. Customs and Border the period February 1, 2018, through other parties requested an Protection ports of entry; January 31, 2019, based on the timely Whereas, the Board’s regulations (15 withdrawal of the requests for review. administrative review of the CFR part 400) provide for the DATES: Applicable August 19, 2019. antidumping duty order on small establishment of subzones for specific FOR FURTHER INFORMATION CONTACT: 2 See Antidumping or Countervailing Duty Order, uses; Dennis McClure, AD/CVD Operations, Finding, or Suspended Investigation; Opportunity Whereas, the Port of South Louisiana, Office VIII, Enforcement and to Request Administrative Review, 84 FR 2816 grantee of Foreign-Trade Zone 124, has Compliance, International Trade (February 8, 2019). made application to the Board for the Administration, U.S. Department of 3 Formerly, SGL Carbon LLC and Superior establishment of a subzone at the Graphite Co. Commerce, 1401 Constitution Avenue 4 See the petitioner’s submission, ‘‘Small facility of Offshore Energy Services, NW, Washington, DC 20230; telephone: Diameter Graphite Electrodes from the People’s Inc., located in Broussard, Louisiana (202) 482–5973. Republic of China—Request for Initiation of (FTZ Docket B–27–2019, docketed April SUPPLEMENTARY INFORMATION: Antidumping Administrative Review,’’ dated 15, 2019); February 28, 2019. The petitioner’s review request Whereas, notice inviting public Background included Fushun Jinli Petrochemical Carbon Co., Ltd. (emphasis added). comment has been given in the Federal On February 26, 2009, Commerce 5 See Initiation of Antidumping and Register (84 FR 16244, April 18, 2019) published in the Federal Register the Countervailing Duty Administrative Reviews, 84 FR and the application has been processed antidumping duty order on small 18777 (May 2, 2019). pursuant to the FTZ Act and the Board’s 6 See the petitioner’s submission, ‘‘Small diameter graphite electrodes from Diameter Graphite Electrodes from the People’s regulations; and, 1 China. On February 8, 2019, Commerce Republic of China—Petitioner’s Withdrawal of Whereas, the Board adopts the published a notice of opportunity to Certain Requests for Review,’’ dated July 11, 2019. findings and recommendations of the request an administrative review of the 7 See Small Diameter Graphite Electrodes From examiner’s memorandum, and finds that antidumping duty order on small the People’s Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative the requirements of the FTZ Act and the diameter graphite electrodes from China Board’s regulations are satisfied; Review; 2018–2019, 84 FR 35370 (July 23, 2019). 8 See the petitioner’s submission, ‘‘Small Now, therefore, the Board hereby 1 See Antidumping Duty Order: Small Diameter Diameter Graphite Electrodes from the People’s approves subzone status at the facility of Graphite Electrodes from the People’s Republic of Republic of China—Petitioner’s Withdrawal of Offshore Energy Services, Inc., located China, 74 FR 8775 (February 26, 2009). Request for Review,’’ dated July 31, 2019.

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diameter graphite electrodes from DEPARTMENT OF COMMERCE Docket Number: 19–003. Applicant: China. Therefore, we are rescinding the University of Chicago Argonne LLC, administrative review of the International Trade Administration Operator of Argonne National antidumping duty order on small Laboratory, 9700 South Cass Avenue, diameter graphite electrodes from China Application(s) for Duty-Free Entry of Lemont, IL 60439–4873. Instrument: for the period February 1, 2018, through Scientific Instruments Canted Undulator Front-End Fixed January 31, 2019, in its entirety. Masks and Photon Shutters. Pursuant to Section 6(c) of the Manufacturer: Strumenti Scientific Assessment Educational, Scientific and Cultural CINEL S.R.L., Italy. Intended Use: The Materials Importation Act of 1966 (Pub. Commerce will instruct U.S. Customs instrument will be used to assemble the L. 89–651, as amended by Pub. L. 106– and Border Protection (CBP) to assess new canted undulator front ends for the 36; 80 Stat. 897; 15 CFR part 301), we antidumping duties on all appropriate Advanced Photon Source upgrade. The invite comments on the question of entries. Antidumping duties shall be front end consists of a series of whether instruments of equivalent assessed at rates equal to the cash components that connect the storage scientific value, for the purposes for deposit of estimated antidumping duties ring to the user beamline in order to which the instruments shown below are required at the time of entry, or deliver a photon beam that will be used intended to be used, are being withdrawal from warehouse, for as a three-dimensional X-ray manufactured in the United States. consumption, in accordance with 19 microscope for experimental purposes. CFR 351.212(c)(1)(i). Commerce intends Comments must comply with 15 CFR The properties of the materials studied to issue appropriate assessment 301.5(a)(3) and (4) of the regulations and include but are not limited to grain instructions to CBP 15 days after be postmarked on or before September structure, grain boundary and publication of this notice in the Federal 9, 2019. Address written comments to interstitial defects and morphology. Register. Statutory Import Programs Staff, Room These properties are not only studied at 3720, U.S. Department of Commerce, ambient environments but also under Notification to Importers Washington, DC 20230. Applications high pressure, temperature, stress and This notice serves as a final reminder may be examined between 8:30 a.m. and strain. The objective is to further the to importers of their responsibility 5:00 p.m. at the U.S. Department of understanding of different materials and under 19 CFR 351.402(f)(2) to file a Commerce in Room 3720. material properties. Justification for certificate regarding the reimbursement Docket Number: 19–002. Applicant: Duty-Free Entry: There are no of antidumping duties prior to University of Chicago Argonne LLC, instruments of the same general liquidation of the relevant entries Operator of Argonne National category manufactured in the United during this review period. Failure to Laboratory, 9700 South Cass Avenue, States. Application accepted by comply with this requirement could Lemont, IL 60439–4873. Instrument: Commissioner of Customs: April 3, result in Commerce’s presumption that S1–S3 magnets. Manufacturer: Danfysik, 2019. reimbursement of the antidumping Denmark. Intended Use: The Docket Number: 19–004. Applicant: duties occurred and the subsequent instrument(s) are the components of a University of Chicago Argonne LLC., assessment of doubled antidumping 4th generation synchrotron accelerator, Operatory of Argonne National duties. i.e., the Advanced Photon Source Laboratory, 9700 South Cass Avenue, Upgrade (APSU) accelerator, one of the Lemont, IL 60439–4873. Instrument: Notification Regarding Administrative most technologically complex machines Unipolar polar supplies. Manufacturer: Protective Orders in the world. APSU is a non-profit Danfysik, Denmark. Intended Use: The This notice also serves as a reminder research facility which provides ultra- instrument is part of a complex machine to parties subject to administrative bright, high-energy x-ray beams to more to be used for basic research that protective order (APO) of their than 5000 (and growing) scientists from provides a very stable and filtered direct responsibility concerning the across the United States. These current (DC) to power electromagnet to disposition of proprietary information scientists come from universities, bend, focus and correct electrons disclosed under APO in accordance medical schools, and other research particle (e-) in a multi bend achromat with 19 CFR 351.305(a)(3), which institutions. Their research covers (MBA) storage ring (SR). The nominal continues to govern business nearly every scientific discipline, from current varies from 100 A to 300A and proprietary information in this segment materials science to biology, chemistry, the required stability and ripple is better of the proceeding. Timely written environmental, geological and planetary than 10 parts per million (<10 ppm). notification of the return or destruction science and fundamental physics. APS The equipment should comply with of APO materials, or conversion to provide x-ray beams of a broad APS safety standards and mechanical judicial protective order, is hereby parameters that allow them to collect dimensions to be installed in existing requested. Failure to comply with the data in unprecedented detail and in racks. According to the applicant, APS– regulations and terms of an APO is a amazingly short time frames. According U is approaching a new era in science sanctionable violation. to the applicant, the research results and engineering, one that promises a This notice is issued and published in achieved through APS will make real revolutionary understanding of complex accordance with sections 751(a)(1) and and positive impact on our materials and chemical processes across 777(i)(1) of the Act, and 19 CFR technologies, health, economy and the entire hierarchy of lengthscales and 351.213(d)(4). fundamental understanding of the timescales. This understanding materials that make up our world. demands that we move beyond Dated: August 13, 2019. Justification for Duty-Free Entry: There exploration of equilibrium phenomena James Maeder, are no instruments of the same general and beyond models based on idealized Deputy Assistant Secretary for Antidumping category manufactured in the United materials and systems, to be able to and Countervailing Duty Operations. States. Application accepted by create new states and achieve [FR Doc. 2019–17771 Filed 8–16–19; 8:45 am] Commissioner of Customs: April 2, extraordinary new functions. The BILLING CODE 3510–DS–P 2019. improvements in photon beam

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properties, combined with rapid, studied vary from material properties review (POR) May 1, 2017 through April ongoing advances in x-ray optics, analysis, protein mapping for 30, 2018. insertion devices, detectors, computing pharmaceutical companies, X-ray DATES: Applicable August 19, 2019. and theory will make it possible for imaging and chemical composition, but FOR FURTHER INFORMATION CONTACT: researchers at x-ray light sources to are not limited to grain structure, grain Joseph Dowling or George Ayache, AD/ explore a new landscape of scientific boundary and interstitial defects and CVD Operations, Office VIII, problems that previously were morphology under high pressure, Enforcement and Compliance, completely inaccessible. Justification for temperature, stress and strain. International Trade Administration, Duty-Free Entry: There are no Justification for Duty-Free Entry: There U.S. Department of Commerce, 1401 instruments of the same general are no instruments of the same general Constitution Avenue NW, Washington, category manufactured in the United category manufactured in the United DC 20230; telephone: (202) 482–1646 or States. Application accepted by States. Application accepted by (202) 482–2623, respectively. Commissioner of Customs: April 5, Commissioner of Customs: April 19, SUPPLEMENTARY INFORMATION: 2019. 2019. Docket Number: 19–006. Applicant: Docket Number: 19–009. Applicant: Background University of Chicago Argonne LLC, Fermi Research Alliance (FRA), Kirk & On July 9, 2019, Commerce published Operatory of Argonne National Pine Street, Batavia, IL 60510. in the Federal Register the Preliminary Laboratory, 9700 South Cass Avenue, Instrument: Linac Coherent Light Results 1 of the administrative review of Lemont, IL 60439–4873. Instrument: Q4 Source II (LCLS–II) cryomodules’ the antidumping duty order on citric and Q5 magnets. Manufacturer: vacuum vessels. Manufacturer: Wuxi acid and certain citrate salts from Danfysik, Denmark. Intended Use: The Creative Technologies Company, Ltd., Canada. This review covers one instrument(s) are the components of a WXCX, China. Intended Use: The producer/exporter of the subject 4th generation synchrotron accelerator, instrument will be used to study merchandise, JBL Canada. We invited i.e., the Advanced Photon Source scientific research including the studies parties to comment on the Preliminary Upgrade (APSU) accelerator, one of the of elementary particles. Each vessel is Results.2 No interested party submitted most technologically complex machines assembled with other components to comments.3 Further, no party submitted in the world. APSU is an non-profit form a CW cryomodule. The Vessel is a a request for a hearing in the instant research facility, that will provide ultra- cylindrical vacuum shell that the cold review. Commerce conducted this bright, high-energy x-ray beams to more mass upper assembly (‘‘Assembly’’) is administrative review in accordance than 5000 (and growing) scientists from inserted into. The Vessel provides the with section 751(a) of the Tariff Act of across the United States. The research insulating vacuum and other necessary 1930, as amended (the Act). covers nearly every scientific discipline, conditions to cool down and operate the Scope of the Order 4 from materials science to biology, cryomodules in the LCLS–II upgrade. chemistry, environmental, geological Justification for Duty-Free Entry: There The merchandise subject to the order and planetary science and fundamental are no instruments of the same general is citric acid and certain citrate salts physics. APS provide x-ray beams of a category manufactured in the United from Canada. The product is currently broad parameters that allow them to States. Application accepted by classified under the Harmonized Tariff collect data in unprecedented detail and Commissioner of Customs: April 25, Schedule of the United States (HTSUS) in amazingly short time frames. 2019. subheadings 2918.14.0000, According to the applicant, the research 2918.15.1000, 2918.15.5000, and results achieved will constantly make Dated: August 14, 2019. 3824.90.9290. Although the HTSUS real and positive impact on our Gregory W. Campbell, numbers are provided for convenience technologies, health, economy and Director, Subsidies Enforcement, Enforcement and customs purposes, the written fundamental understanding of the and Compliance. product description, available in the materials that make up our world. [FR Doc. 2019–17765 Filed 8–16–19; 8:45 am] Preliminary Decision Memorandum,5 Justification for Duty-Free Entry: There BILLING CODE 3510–DS–P remains dispositive. are no instruments of the same general category manufactured in the United Changes Since the Preliminary Results States. Application accepted by DEPARTMENT OF COMMERCE As no parties submitted comments on Commissioner of Customs: April 8, the margin calculation methodology 2019. International Trade Administration Docket Number: 19–007. Applicant: 1 See Citric Acid and Citrate Salts from Canada: University of Chicago Argonne LLC, [A–122–853] Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 32710 Operator of Argonne National (July 9, 2019) (Preliminary Results), and Laboratory, 9700 South Cass Avenue, Citric Acid and Certain Citrate Salts accompanying Preliminary Decision Memorandum Lemont, IL 60439–4873. Instrument: From Canada: Final Results of (PDM). Fixed Masks, Photon Shutters, Grid Antidumping Duty Administrative 2 Id. Masks. Manufacturer: Strumenti Review; 2017–2018 3 JBL Canada submitted a case brief stating: ‘‘Respondent JBL has no comments on the Scientific CINEL S.R.L., Italy. Intended AGENCY: Department’s Preliminary Results. JBL reserves the Use: The instrument and components Enforcement and Compliance, right to submit a rebuttal brief in response to any will be used to assemble the new high International Trade Administration, issue(s) which may be raised by Petitioners in their heat load front ends for the Advanced Department of Commerce. case brief.’’ See JBL Canada’s Letter, ‘‘Ninth Administrative Review of the Antidumping Order Photon Source upgrade. The front end SUMMARY: The Department of Commerce on Citric Acid and Certain Citrate Sales from consists of a series of components that (Commerce) determines that Canada—JBL Canada’s Case Brief,’’ dated July 31, connect the storage ring to the user Jungbunzlauer Canada, Inc. (JBL 2019. beamline to deliver a photon beam that Canada), producer/exporter of citric 4 See Citric Acid and Citrate Salts from Canada and the People’s Republic of China: Antidumping will be used as a three-dimensional X- acid and certain citrate salts, did not sell Duty Orders, 74 FR 25703 (May 29, 2009) (Order). ray microscope for experimental subject merchandise at prices below 5 For a complete description of the scope of the purposes. The materials/phenomena normal value (NV) during the period of Order, see Preliminary Results PDM at 3.

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used in the Preliminary Results, manufacturers or exporters will that certain companies covered by the Commerce made no adjustments to that continue to be 23.21 percent, the all- administrative review made sales of methodology in the final results of this others rate established in the Order. subject merchandise at prices below review. These cash deposit requirements, when normal value. Interested parties are imposed, shall remain in effect until invited to comment on these Final Results of the Review further notice. preliminary results. As a result of this review, Commerce DATES: August 19, 2019. determines that the following weighted- Notification to Importers FOR FURTHER INFORMATION CONTACT: average dumping margin exists for This notice also serves as a final Sean Carey, AD/CVD Operations, Office entries of subject merchandise that were reminder to importers of their VII, Enforcement and Compliance, produced and/or exported by the responsibility under 19 CFR International Trade Administration, following company during the POR: 351.402(f)(2) to file a certificate regarding the reimbursement of U.S. Department of Commerce, 1401 Weighted- antidumping duties prior to liquidation Constitution Avenue NW, Washington, average of the relevant entries during this POR. DC 20230; telephone: (202) 482–3964. Manufacturer/exporter dumping SUPPLEMENTARY INFORMATION: margin Failure to comply with this requirement (percent) could result in Commerce’s Background presumption that reimbursement of Jungbunzlauer Canada, Inc ...... 0.00 antidumping duties has occurred and Commerce is conducting an the subsequent assessment of double administrative review of the Assessment Rates antidumping duties. antidumping duty order on chlorinated isocyanurates (chlorinated isos) from Commerce shall determine, and U.S. Administrative Protective Order the People’s Republic of China (China). Customs and Border Protection (CBP) The period of review (POR) is June 1, shall assess, antidumping duties on all In accordance with 19 CFR 351.305(a)(3), this notice also serves as 2017 through May 31, 2018.1 This appropriate entries of subject administrative review covers two merchandise in accordance with the a reminder to parties subject to administrative protective order (APO) of mandatory respondents, Heze Huayi final results of this review, pursuant to Chemical Co. Ltd. (Heze Huayi) and section 751(a)(2)(C) of the Act and 19 their responsibility concerning the 6 return or destruction of proprietary Juancheng Kangtai Chemical Co. Ltd. CFR 351.212(b). Because we calculated (Kangtai). Commerce preliminarily a zero margin for JBL Canada in the final information disclosed under the APO, which continues to govern business determines that sales of subject results of this review, we intend to merchandise by Heze Huayi and Kangtai instruct CBP to liquidate the appropriate proprietary information in this segment have been made at prices below normal entries without regard to antidumping of the proceeding. Timely written notification of the return or destruction value (NV). duties. Commerce exercised its discretion to Commerce intends to issue the of APO materials or conversion to toll all deadlines affected by the partial appropriate assessment instructions to judicial protective order is hereby federal government closure from CBP 41 days after the date of requested. Failure to comply with the December 22, 2018 through the publication of these final results of regulations and terms of an APO is a resumption of operations on January 29, review, in accordance with 19 CFR violation subject to sanction. 2019.2 356.8(a). This extended the deadline for Notification to Interested Parties the preliminary results to April 11, Cash Deposit Requirements We intend to issue and publish these 2019. Commerce extended the time The following deposit requirements results in accordance with sections limit for the preliminary results on will be effective upon publication of the 751(a)(1) and 777(i)(1) of the Act and 19 April 10, 2019, which fully extended notice of these final results for all CFR 351.213(h) and 351.221(b)(5). the deadline until August 9, 2019.3 shipments of citric acid and certain Dated: August 12, 2019. Scope of the Order citrate salts from Canada entered, or Jeffrey I. Kessler, withdrawn from warehouse, for The products covered by the order are Assistant Secretary for Enforcement and chlorinated isos, which are derivatives consumption on or after the publication Compliance. date as provided by section 751(a)(2) of of cyanuric acid, described as [FR Doc. 2019–17770 Filed 8–16–19; 8:45 am] chlorinated s-triazine triones.4 the Act: (1) The cash deposit rate for JBL BILLING CODE 3510–DS–P Canada will be zero; (2) for merchandise 1 See Initiation of Antidumping and exported by manufacturers or exporters Countervailing Duty Administrative Reviews, 83 FR not covered in this review but covered DEPARTMENT OF COMMERCE 39688 (August 10, 2018). in a completed prior segment of the 2 See Memorandum to the Record from Gary proceeding, the cash deposit rate will International Trade Administration Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, continue to be the company-specific rate [A–570–898] performing the non-exclusive functions and duties published for the most recently of the Assistant Secretary for Enforcement and completed segment; (3) if the exporter is Chlorinated Isocyanurates From the Compliance, ‘‘Deadlines Affected by the Partial not a firm covered in this review, a prior People’s Republic of China: Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of review, or the original investigation but Preliminary Results of Antidumping the proceeding have been extended by 40 days. the manufacturer is, the cash deposit Duty Administrative Review; 2017– 3 See Memorandum, ‘‘Chlorinated Isocyanurates rate will be the rate established for the 2018 from the People’s Republic of China: Extension of most recently completed segment for the Deadline for Preliminary Results of Antidumping manufacturer of the merchandise; and AGENCY: Enforcement and Compliance, Duty Administrative Review,’’ dated April 10, 2019. 4 (4) the cash deposit rate for all other International Trade Administration, For a complete description of the Scope of the Department of Commerce. Order, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2017–2018 6 See section 751(a)(2)(C) of the Act; 19 CFR SUMMARY: The Department of Commerce Antidumping Duty Administrative Review: 351.212(b). (Commerce) preliminarily determines Continued

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Chlorinated isos are currently Disclosure and Public Comment Assessment Rates classifiable under subheadings Commerce intends to disclose the Upon issuing the final results of this 2933.69.6015, 2933.69.6021, calculations for these preliminary review, Commerce shall determine, and 2933.69.6050, 3808.40.50, 3808.50.40 results within five days of the date of U.S. Customs and Border Protection and 3808.94.5000 of the Harmonized publication of this notice, in accordance (CBP) shall assess, antidumping duties Tariff Schedule of the United States with 19 CFR 351.224(b). on all appropriate entries covered by (HTSUS). The HTSUS subheadings are Interested parties may submit case this review.10 Commerce intends to provided for convenience and customs briefs within 30 days after the date of issue assessment instructions to CBP 15 purposes only; the written product publication of these preliminary results days after the date of publication of the description of the scope of the order is of review.5 Rebuttals to case briefs, final results of this review. dispositive. which must be limited to issues raised In accordance with 19 CFR Methodology in the case briefs, must be filed within 351.212(b)(1), we are calculating five days after the time limit for filing importer- or customer-specific Commerce is conducting this case briefs.6 Parties who submit case assessment rates for the merchandise administrative review in accordance briefs or rebuttal briefs in this subject to this review. For any with section 751(a)(1)(A) of the Tariff proceeding are requested to submit with individually examined respondent Act of 1930, as amended (the Act). each argument: (1) A statement of the whose weighted-average dumping Export prices have been calculated in issue; (2) a brief summary of the margin is above de minimis (i.e., 0.50 accordance with section 772 of the Act. argument; and (3) a table of authorities.7 percent), Commerce will calculate Because China is a non-market economy Pursuant to 19 CFR 351.310(c), importer-specific assessment rates on within the meaning of section 771(18) of interested parties who wish to request a the basis of the ratio of the total amount the Act, NV has been calculated in hearing, or to participate if one is of dumping calculated for the importer’s accordance with section 773(c) of the requested, must submit a written examined sales and the total entered Act. For a full description of the request to the Assistant Secretary for value of sales.11 We will instruct CBP to methodology underlying our Enforcement and Compliance, within 30 assess antidumping duties on all conclusions, see the Preliminary days of the date of publication of this appropriate entries covered by this Decision Memorandum. A list of the notice.8 Requests should contain: (1) review when the importer-specific topics included in the Preliminary The party’s name, address and assessment rate is above de minimis. Decision Memorandum is included as telephone number; (2) the number of Where either the respondent’s weighted- an appendix to this notice. participants; and (3) a list of issues to be average dumping margin is zero or de The Preliminary Decision minimis, or an importer-specific Memorandum is a public document and discussed. Issues raised in the hearing assessment rate is zero or de minimis, is on file electronically via Enforcement will be limited to those raised in the we will instruct CBP to liquidate the and Compliance’s Antidumping and respective case and rebuttal briefs. If a appropriate entries without regard to Countervailing Duty Centralized request for a hearing is made, parties antidumping duties. Electronic Service System (ACCESS). will be notified of the time and date for the hearing to be held at the U.S. For entries that were not reported in ACCESS is available to registered users the U.S. sales database submitted by an at https://access.trade.gov, and it is Department of Commerce, 1401 exporter individually examined during available to all parties in the Central Constitution Avenue NW, Washington, 9 this review, Commerce will instruct Records Unit, Room B8024 of the main DC 20230. Parties should confirm by CBP to liquidate such entries at the Commerce building. In addition, a telephone the date, time, and location of China-wide rate. Additionally, if complete version of the Preliminary the hearing two days before the Commerce determines that an exporter Decision Memorandum is available scheduled date. under review had no shipments of the online at http://enforcement.trade.gov/ All submissions, with limited subject merchandise, any suspended frn/. The signed Preliminary Decision exceptions, must be filed electronically entries that entered under that Memorandum and the electronic using ACCESS. An electronically filed document must be received successfully exporter’s case number will be version of the Preliminary Decision 12 Memorandum are identical in content. in its entirety by 5 p.m. Eastern Time liquidated at the China-wide rate. (ET) on the due date. Documents Cash Deposit Requirements Preliminary Results of Review excepted from the electronic submission Commerce preliminarily determines requirements must be filed manually The following cash deposit that Heze Huayi and Kangtai have (e.g., in paper form) with the APO/ requirements will be effective upon established their eligibility for a Dockets Unit in Room 18022 and publication of the final results of this separate rate and that the following stamped with the date and time of administrative review for all shipments weighted-average dumping margins receipt by 5 p.m. ET on the due date. of the subject merchandise from China exist for the period June 1, 2017 through Commerce intends to issue the final entered, or withdrawn from warehouse, May 31, 2018: results of this administrative review, for consumption on or after the which will include the results of our publication date, as provided for by Weighted- analysis of all issues raised in the case section 751(a)(2)(C) of the Act: (1) For average dumping briefs, within 120 days of publication of the exporters listed above, the cash Exporter margin these preliminary results in the Federal deposit rate will be the rate established (percent- age) Register unless extended, pursuant to section 751(a)(3)(A) of the Act. 10 See 19 CFR 351.212(b)(1). Heze Huayi Chemical Co. Ltd ...... 32.23 11 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Juancheng Kangtai Chemical Co. Ltd .. 58.07 5 See 19 CFR 351.309(c)(1)(ii). Assessment Rate in Certain Antidumping 6 See 19 CFR 351.309(d)(1) and (2). Proceedings; Final Modification, 77 FR 8101 7 Chlorinated Isocyanurates from the People’s See 19 CFR 351.309(c) and (d); see also 19 CFR (February 14, 2012). Republic of China,’’ dated concurrently with, and 351.303 (for general filing requirements). 12 See Non-Market Economy Antidumping hereby adopted by, this notice (Preliminary 8 See 19 CFR 351.310(c). Proceedings: Assessment of Antidumping Duties, 76 Decision Memorandum). 9 See 19 CFR 351.310(d). FR 65694 (October 24, 2011).

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in the final results of this review DEPARTMENT OF COMMERCE Analysis of Comments Received (except, if the rate is zero or de minimis, All issues raised in interested parties’ International Trade Administration a zero cash deposit rate will be required case briefs are addressed in the Issues for that company); (2) for previously [C–580–837] and Decision Memorandum. The issues investigated or reviewed Chinese and are identified in the appendix to this non-Chinese exporters not listed above Certain Cut-to-Length Carbon-Quality notice. The Issues and Decision that have separate rates, the cash Steel Plate From the Republic of Memorandum is a public document and deposit rate will continue to be the Korea: Final Results of Countervailing is on file electronically via Enforcement existing producer/exporter-specific Duty Administrative Review; Calendar and Compliance’s Antidumping and combination rate published for the most Year 2017 Countervailing Duty Centralized Electronic Service System (ACCESS). recent period; (3) for all Chinese AGENCY: Enforcement and Compliance, ACCESS is available to registered users exporters of subject merchandise that International Trade Administration, at https://access.trade.gov and is have not been found to be eligible for a Department of Commerce. separate rate, the cash deposit rate will available to all parties in the Central SUMMARY: The Department of Commerce Records Unit, Room B8024 of the main be the China-wide rate of 285.63 (Commerce) determines that Hyundai percent; 13 and (4) for all non-Chinese Commerce building. In addition, a Steel Company (Hyundai Steel) and complete version of the Issues and exporters of subject merchandise which Dongkuk Steel Mill Co., Ltd. (DSM), have not received their own rate, the Decision Memorandum can be accessed producers/exporters of certain cut-to- directly on the internet at http:// cash deposit rate will be the rate length carbon-quality steel plate (CTL applicable to the Chinese exporter(s) enforcement.trade.gov/frn/index.html. plate) from the Republic of Korea The signed and electronic versions of that supplied that non-Chinese exporter. (Korea), received countervailable the Issues and Decision Memorandum These deposit requirements, when subsidies that are de minimis during the are identical in content. imposed, shall remain in effect until period of review (POR), January 1, 2017 further notice. through December 31, 2017. Changes Since the Preliminary Results Notification to Importers DATES: Applicable August 19, 2019. Based on the comments received from FOR FURTHER INFORMATION CONTACT: John the petitioner and Hyundai Steel, we This notice also serves as a reminder Conniff (for Hyundai Steel) or Jolanta made no changes to the net subsidy to importers of their responsibility Lawska (for DSM), AD/CVD Operations, rates calculated for the mandatory under 19 CFR 351.402(f)(2) to file a Office III, Enforcement and Compliance, respondents. For a discussion of these certificate regarding the reimbursement International Trade Administration, issues, see the Issues and Decision of antidumping duties prior to U.S. Department of Commerce, 1401 Memorandum. liquidation of the relevant entries Constitution Avenue NW, Washington, Final Results of Administrative Review during this review period. Failure to DC 20230; telephone: (202) 482–1009 or We determine that the following total comply with this requirement could (202) 482–8362, respectively. estimated net countervailable subsidy result in Commerce’s presumption that SUPPLEMENTARY INFORMATION: rates exist for the period January 1, 2017 reimbursement of antidumping duties Background through December 31, 2017: occurred and the subsequent assessment of double antidumping duties. On April 15, 2019, Commerce Subsidy rate published the preliminary results of this Company ad valorem Notification to Interested Parties administrative review.1 We invited interested parties to comment on the Dongkuk Steel Mill 0.25 percent (de We are issuing and publishing these Preliminary Results. On May 15, 2019, Co., Ltd. minimis). results in accordance with sections we received a timely filed case brief Hyundai Steel Com- 0.44 percent (de 751(a)(1) and 777(i)(1) of the Act and 19 from Nucor Corporation (the petitioner) pany. minimis). CFR 351.213 and 19 CFR 351.221(b)(4). and, on May 20, 2019, Hyundai Steel Dated: August 9, 2019. submitted a timely filed rebuttal brief. Disclosure Jeffrey I. Kessler, Commerce conducted this review in Commerce intends to disclose the Assistant Secretary for Enforcement and accordance with section 751 of the calculations performed for these final Compliance. Tariff Act of 1930, as amended (the Act). results of review within five days of the Scope of the Order date of publication of this notice in the Appendix Federal Register, in accordance with 19 List of Topics Discussed in the Preliminary The merchandise covered by the order CFR 351.224(b). Decision Memorandum is certain hot-rolled carbon-quality steel plate. For a complete description of the Assessment Rates I. Summary scope of the order, see the Issues and Pursuant to 19 CFR 351.212(b)(2), II. Background Decision Memorandum.2 Commerce intends to issue appropriate III. Scope of the Order instructions to U.S. Customs and Border IV. Discussion of the Methodology 1 See Certain Cut-to-Length Carbon-Quality Steel Protection (CBP) 15 days after the date V. Recommendation Plate from the Republic of Korea: Preliminary of publication of the final results of this [FR Doc. 2019–17768 Filed 8–16–19; 8:45 am] Results of Countervailing Duty Administrative Review; and Rescission of Review, in Part; Calendar review. We will instruct CBP to BILLING CODE 3510–DS–P Year 2017, 84 FR 15182 (April 15, 2019) liquidate shipments of subject (Preliminary Results), and accompanying merchandise produced by DSM and Preliminary Decision Memorandum. Hyundai Steel entered, or withdrawn 2 See Memorandum, ‘‘Certain Issues and Decision Memorandum for the Final Results of form warehouse, for consumption on or 13 See Notice of Antidumping Duty Order: Countervailing Duty Administrative Review: Cut-to- Chlorinated Isocyanurates from the People’s Length Carbon-Quality Steel Plate from the and hereby adopted by, this notice (Issues and Republic of China, 70 FR 36561 (June 24, 2005). Republic of Korea; 2017,’’ dated concurrently with, Decision Memorandum).

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after January 1, 2017 through December Comment 2: Whether Hyundai Green parties to comment on both 31, 2017, without regard to Power is Cross-Owned with Hyundai determinations in the Preliminary countervailing duties because a de Steel Determination. We received no minimis subsidy rate was calculated for Comment 3: Whether Hyundai Green comments from interested parties. Power Supplied Inputs to Hyundai Steel each company. that Were Primarily Dedicated to the Scope of the Investigation Cash Deposit Instructions Production of the Downstream Product VIII. Recommendation The products covered by this The following cash deposit investigation are refillable stainless steel [FR Doc. 2019–17769 Filed 8–16–19; 8:45 am] requirements will be effective upon kegs from Mexico. For a complete publication of the notice of final results BILLING CODE 3510–DS–P description of the scope of this of this administrative review for all investigation, see the appendix to this shipments of the subject merchandise DEPARTMENT OF COMMERCE notice. entered, or withdrawn from warehouse, Scope Comments for consumption on or after the date of International Trade Administration publication, as provided by section On March 29, 2019, we issued a 751(a)(2)(C) of the Act: (1) The cash [A–201–849] Preliminary Scope Decision deposit rate for the companies listed in Memorandum.3 The scope case briefs Refillable Stainless Steel Kegs From were due on May 6, 2019.4 We did not these final results will be zero percent; Mexico: Final Affirmative and (2) for all non-reviewed firms, we receive scope case briefs from interested Determination of Sales at Less Than parties. Therefore, Commerce has made will instruct CBP to continue to collect Fair Value and Final Affirmative cash deposits at the most recent no changes to the scope of this Determination of Critical investigation since the Preliminary company-specific or all-others rate Circumstances applicable to the company, as Determination. appropriate. These cash deposit AGENCY: Enforcement and Compliance, Verification requirements, when imposed, shall International Trade Administration, remain in effect until further notice. Department of Commerce. Because the mandatory respondent in this investigation did not provide the SUMMARY: Administrative Protective Order (APO) The Department of Commerce information requested, Commerce did (Commerce) determines that refillable not conduct verification.5 This notice also serves as a reminder stainless steel kegs (kegs) from Mexico to parties subject to APO of their are being, or are likely to be, sold in the Analysis of Comments Received responsibility concerning the United States at less than fair value disposition of proprietary information As stated above, we did not receive (LTFV). The period of investigation comments in response to the disclosed under APO in accordance (POI) is July 1, 2017 through June 30, with 19 CFR 351.305(a)(3), which Preliminary Determination. For the final 2018. The final estimated dumping determination, Commerce has made no continues to govern business margins of sales at LTFV are shown in proprietary information in this segment changes to the Preliminary the ‘‘Final Determination’’ section of Determination. of the proceeding. Timely written this notice. notification of the return or destruction DATES: Applicable August 19, 2019. Use of Adverse Facts Available of APO materials, or conversion to judicial protective order is hereby FOR FURTHER INFORMATION CONTACT: We continue to find, as stated in the requested. Failure to comply with the Allison Hollander or Minoo Hatten, Preliminary Determination, that regulations and the terms of an APO is Enforcement and Compliance, THIELMANN Mexico S.A. de C.V. a sanctionable violation. International Trade Administration, (THIELMANN), Portinox Mexico S.A. U.S. Department of Commerce, 1401 de C.V. (Portinox), and Geodis Wilson Notification to Interested Parties Constitution Avenue NW, Washington, Mexico S.A. de C.V. (Geodis Wilson) These final results are issued and DC 20230; telephone: (202) 482–2805 or withheld requested information, failed published in accordance with sections (202) 482–1690, respectively. to provide information by the specified 751(a)(1) and 777(i)(1) of the Act and 19 SUPPLEMENTARY INFORMATION: deadlines, and significantly impeded CFR 351.221(b)(5). the proceeding, pursuant to section Background Dated: August 12, 2019. 3 On June 4, 2019, Commerce published See Memorandum, ‘‘Refillable Stainless Steel Kegs from the People’s Republic of China, Germany, Jeffrey I. Kessler, the Preliminary Determination of this Assistant Secretary for Enforcement and and Mexico: Scope Comments Decision LTFV investigation in which Commerce Memorandum for the Preliminary Determinations,’’ Compliance. found that kegs from Mexico were sold dated March 29, 2019 (Preliminary Scope Decision at LTFV.1 On May 2, 2019, Commerce Memorandum). Appendix 4 published the Preliminary Critical The scope case briefs were due 30 days after the List of Topics Discussed in the Issues and publication of Refillable Stainless Steel Kegs from Decision Memorandum Circumstances Determination in which the People’s Republic of China: Preliminary Commerce found that critical Affirmative Countervailing Duty Determination and I. Summary circumstances exist for imports of kegs Alignment of Final Determination With Final II. Background 2 Antidumping Duty Determination, 84 FR 13634 III. Scope of the Order from Mexico. We invited interested (April 5, 2019). See Preliminary Scope Decision IV. Period of Review Memorandum at 5. Because the deadline fell on V. Subsidies Valuation Information 1 See Refillable Stainless Steel Kegs From Mexico: Sunday, May 5, 2019, the actual deadline for the VI. Analysis of Programs Preliminary Affirmative Determination of Sales at scope case briefs was Monday, May 6, 2019. See 19 VII. Analysis of Comments Less Than Fair Value, 84 FR 25738 (June 4, 2019) CFR 351.303(b)(1) (‘‘For both electronically filed (Preliminary Determination). and manually filed documents, if the applicable Comment 1: Whether Commerce Should 2 See Antidumping Duty Investigation on due date falls on a non-business day, the Secretary Adjust Hyundai Steel Company’s Refillable Stainless Steel Kegs From Mexico: will accept documents that are filed on the next (Hyundai Steel) Tax Benefit Calculations Preliminary Affirmative Determination of Critical business day.’’). The deadline for scope rebuttal to Account for Special Rural Circumstances, 84 FR 18796 (May 2, 2019) briefs was Monday, May 13, 2019. Development Taxes (SRDTs) (Preliminary Critical Circumstances Determination). 5 See Preliminary Determination, 84 FR at 25740.

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776(a) of the Tariff Act of 1930, as and/or producers not individually performed in connection with a final amended (the Act).6 Further, we examined.12 determination within five days of any continue to find that THIELMANN, Final Determination public announcement or, if there is no Portinox, and Geodis Wilson failed to public announcement, within five days cooperate to the best of their abilities to Commerce determines that the of the date of publication of the notice comply with our requests for following estimated weighted-average of final determination in the Federal information, and, accordingly, we dumping margins exist: Register, in accordance with 19 CFR continue to apply an adverse inference Weighted- 351.224(b). However, because when selecting from among the facts average Commerce applied adverse facts otherwise available to determine the Producer/exporter dumping available (AFA) to the individually relevant dumping margins, in margin examined company THIELMANN, as (percent) accordance with section 776(b) of the well as to Portinox and Geodis Wilson, Act.7 We further continue to select the THIELMANN Mexico S.A. de in this investigation, in accordance with only dumping margin alleged in the C.V ...... 18.48 section 776 of the Act, and the applied 8 Petition as the rate applicable to Portinox Mexico S.A. de C.V ...... 18.48 AFA rate is based solely on the Petition, THIELMANN, Portinox, and Geodis Geodis Wilson Mexico S.A. de there are no calculations to disclose. Wilson.9 C.V ...... 18.48 All Others ...... 18.48 International Trade Commission (ITC) Final Affirmative Determination of Critical Circumstances Notification Continuation of Suspension of In accordance with section 733(e) of Liquidation In accordance with section 735(d) of the Act, Commerce will notify the ITC the Act and 19 CFR 351.206, we For entries made by THIELMANN and of its final affirmative determination of preliminarily determined that critical all other companies, in accordance with sales at LTFV. Because the final circumstances exist with respect to the section 735(c)(4)(A) of the Act, because mandatory respondent, THIELMANN, determination in this proceeding is 10 we continue to find that critical and all other companies. As stated circumstances exist with respect to affirmative, in accordance with section above, Commerce did not receive any THIELMANN and all other producers 735(b)(2) of the Act, the ITC will make comments in response to the and/or exporters, we will instruct U.S. its final determination as to whether the preliminary determination. Thus, for Customs and Border Protection (CBP) to domestic industry in the United States this final determination, we find that, in continue to suspend liquidation of any is materially injured, or threatened with accordance with section 735(a)(3) of the unliquidated entries of shipments of material injury, by reason of imports of Act and 19 CFR 351.206, critical subject merchandise which were kegs from Mexico no later than 45 days circumstances exist for imports of kegs entered, or withdrawn from warehouse, after our final determination. If the ITC from Mexico exported by THIELMANN for consumption on or after March 6, determines that material injury or threat and imports of kegs from Mexico 2019, which is 90 days prior to the of material injury does not exist, the produced and/or exported by all other publication of the Preliminary proceeding will be terminated and all companies. Determination. cash deposits will be refunded. If the All-Others Rate Pursuant to section 735(c)(l) of the ITC determines that such injury does Act and 19 CFR 351.210(d), Commerce exist, Commerce will issue an As discussed in the Preliminary will instruct CBP to require cash antidumping duty order directing CBP Determination, we continue to assign deposits equal to the weighted-average to assess, upon further instruction by the dumping margin alleged in the dumping margins indicated in the table 11 Commerce, antidumping duties on all Petition and selected as the dumping above as follows: (1) The cash deposit imports of the subject merchandise margin for the sole mandatory rate for the respondents listed above entered, or withdrawn from warehouse, respondent, THIELMANN, as the all- will be equal to the company-specific for consumption on or after the effective others rate applicable to all exporters estimated weighted-average dumping date of the suspension of liquidation. margins determined in this final 6 See Memorandum, ‘‘Decision Memorandum for determination; (2) if the exporter is not Administrative Protective Orders the Preliminary Determination in the Less-Than- (APOs) Fair-Value Investigation of Refillable Stainless Steel a respondent identified above, but the Kegs from Mexico,’’ dated May 28, 2019 producer is, then the cash deposit rate (Preliminary Decision Memorandum) at 5–7. will be equal to the company-specific This notice serves as a reminder to 7 Id. estimated weighted-average dumping parties subject to APO of their 8 See Petitioner’s Letter, ‘‘Petitions for the margin established for that producer of responsibility concerning the Imposition of Antidumping Duties on Imports of the subject merchandise; and (3) the disposition of proprietary information Refillable Stainless Steel Kegs from Germany, disclosed under APO in accordance Mexico, and the People’s Republic of China and cash deposit rate for all other producers Countervailing Duties on Imports of Refillable and exporters will be 18.48 percent, the with 19 CFR 351.305(a)(3). Timely Stainless Steel Kegs from the People’s Republic of all-others estimated weighted-average written notification of the return or China,’’ dated September 20, 2018 (Petition), at 11; destruction of APO materials, or see also Petitioner’s Letter, ‘‘Supplement to the dumping margin. These suspension of Petition for the Imposition of Antidumping Duties liquidation and cash deposit conversion to judicial protective order, on Imports of Refillable Stainless Steel Kegs from instructions will remain in effect until is hereby requested. Failure to comply Mexico: Response to the Department’s further notice. with the regulations and the terms of an Supplemental Questions,’’ dated October 2, 2018 APO is a violation subject to sanction. (Third Supplement to the Petition), at 6. Disclosure 9 See Preliminary Decision Memorandum at 7. Normally, Commerce discloses to Notification to Interested Parties 10 For a full description of the methodology and interested parties the calculations results of Commerce’s critical circumstances This determination and this notice are analysis, see Preliminary Critical Circumstances issued and published pursuant to Determination. 12 For a full description of the methodology 11 See Petition at 11; see also Third Supplement underlying Commerce’s analysis, see Preliminary sections 735(d) and 777(i)(1) of the Act to the Petition at 6. Decision Memorandum. and 19 CFR 352.210(c).

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Dated: August 12, 2019. written description of the scope of this determination. Under 19 CFR Jeffrey I. Kessler, investigation is dispositive. 351.205(e), the petitioner must submit a Assistant Secretary for Enforcement and [FR Doc. 2019–17767 Filed 8–16–19; 8:45 am] request for postponement 25 days or Compliance. BILLING CODE 3510–DS–P more before the scheduled date of the Appendix preliminary determination and must state the reasons for the request. Scope of the Investigation DEPARTMENT OF COMMERCE Commerce will grant the request unless The merchandise covered by this International Trade Administration it finds compelling reasons to deny the investigation are kegs, vessels, or containers request. with bodies that are approximately [C–570–113] cylindrical in shape, made from stainless On August 5, 2019, the petitioner steel (i.e., steel containing at least 10.5 Certain Collated Steel Staples From submitted a timely request that percent chromium by weight and less than the People’s Republic of China: Commerce postpone the preliminary 1.2 percent carbon by weight, with or Postponement of Preliminary CVD determination.3 The petitioner without other elements), and that are Determination in the Countervailing stated that it requests postponement compatible with a ‘‘D Sankey’’ extractor ‘‘{d}ue to the number and nature of (refillable stainless steel kegs) with a nominal Duty Investigation liquid volume capacity of 10 liters or more, subsidy programs under investigation AGENCY: Enforcement and Compliance, and the fact that the full initial regardless of the type of finish, gauge, International Trade Administration, thickness, or grade of stainless steel, and questionnaire responses are not due Department of Commerce. whether or not covered by or encased in until September 4, five days after the other materials. Refillable stainless steel kegs DATES: Applicable August 19, 2019. current preliminary determination may be imported assembled or unassembled, FOR FURTHER INFORMATION CONTACT: Bob deadline.’’ 4 with or without all components (including Palmer or Joshua Simonidis, AD/CVD In accordance with 19 CFR spears, couplers or taps, necks, collars, and Operations, Office VIII, Enforcement 351.205(e), the petitioner has stated the valves), and be filled or unfilled. and Compliance, International Trade ‘‘Unassembled’’ or ‘‘unfinished’’ refillable reasons for requesting a postponement Administration, U.S. Department of stainless steel kegs include drawn stainless of the preliminary determination, and steel cylinders that have been welded to form Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: Commerce finds no compelling reason the body of the keg and attached to an upper to deny the request. Therefore, in (top) chime and/or lower (bottom) chime. (202) 482–9068 or (202) 482–0608, Unassembled refillable stainless steel kegs respectively. accordance with section 703(c)(1)(A) of may or may not be welded to a neck, may the Act, Commerce is postponing the SUPPLEMENTARY INFORMATION: or may not have a valve assembly attached, deadline for the preliminary and may be otherwise complete except for Background determination to no later than 130 days testing, certification, and/or marking. after the date on which this Subject merchandise also includes On June 26, 2019, the Department of Commerce (Commerce) initiated a investigation was initiated, i.e., refillable stainless steel kegs that have been November 4, 2019.5 further processed in a third country, countervailing duty (CVD) investigation including but not limited to, attachment of of imports of certain collated steel Pursuant to section 705(a)(1) of the necks, collars, spears or valves, heat staples (collated staples) from China.1 Act and 19 CFR 351.210(b)(1), the treatment, pickling, passivation, painting, Currently, the preliminary deadline for the final determination of testing, certification or any other processing determination is due no later than this investigation will continue to be 75 that would not otherwise remove the August 30, 2019. days after the date of the preliminary merchandise from the scope of the investigation if performed in the country of Postponement of Preliminary determination. manufacture of the in-scope refillable Determination Notification to Interested Parties stainless steel keg. Specifically excluded are the following: Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires This notice is issued and published (1) Vessels or containers that are not pursuant to section 703(c)(2) of the Act approximately cylindrical in nature (e.g., Commerce to issue the preliminary box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels); determination in a CVD investigation and 19 CFR 351.205(f)(1). (2) stainless steel kegs, vessels, or within 65 days after the date on which Dated: August 9, 2019. containers that have either a ‘‘ball lock’’ Commerce initiated the investigation. Jeffrey I. Kessler, valve system or a ‘‘pin lock’’ valve system However, section 703(c)(1) of the Act (commonly known as ‘‘Cornelius,’’ ‘‘corny’’ Assistant Secretary for Enforcement and permits Commerce to postpone the Compliance. or ‘‘ball lock’’ kegs); preliminary determination until no later (3) necks, spears, couplers or taps, collars, [FR Doc. 2019–17537 Filed 8–16–19; 8:45 am] than 130 days after the date on which and valves that are not imported with the BILLING CODE 3510–DS–P subject merchandise; and Commerce initiated the investigation if: (4) stainless steel kegs that are filled with (A) The petitioner 2 makes a timely 3 See Petitioner’s Letter, ‘‘Petitioner’s Request to beer, wine, or other liquid and that are request for a postponement; or (B) Commerce concludes that the parties Postpone the Deadline for the Preliminary designated by the Commissioner of Customs Determination,’’ dated August 5, 2019. as Instruments of International Traffic within concerned are cooperating, that the 4 Id. the meaning of section 332(a) of the Tariff investigation is extraordinarily 5 Postponing the preliminary determination to Act of 1930, as amended. complicated, and that additional time is 130 days after initiation would place the deadline The merchandise covered by this necessary to make a preliminary on Sunday, November 3, 2019. Commerce’s practice investigation are currently classified in the dictates that where a deadline falls on a weekend Harmonized Tariff Schedule of the United 1 See Certain Collated Steel Staples from the or federal holiday, the appropriate deadline is the States (HTSUS) under subheadings People’s Republic of China: Initiation of next business day. See Notice of Clarification: 7310.10.0010, 7310.10.0050, 7310.29.0025, Countervailing Duty Investigation, 84 FR 31840 Application of ‘‘Next Business Day’’ Rule for and 7310.29.0050. (July 3, 2019). Administrative Determination Deadlines Pursuant These HTSUS subheadings are provided 2 The petitioner is Kyocera Senco Industrial to the Tariff Act of 1930, As Amended, 70 FR 24533 for convenience and customs purposes; the Tools, Inc. (May 10, 2005).

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DEPARTMENT OF COMMERCE administrative review covering the circumvention inquiry on the Order, period of review (POR) July 1, 2017 Commerce found that Pantech’s BWFP International Trade Administration through June 30, 2018 for Jinan Mech exports from Malaysia were produced 4 [A–570–814] and Pantech. from finished or unfinished BWPF Pursuant to 19 CFR 351.213(d)(1), produced in China, and therefore Carbon Steel Butt-Weld Pipe Fittings Commerce will rescind an subject to the Order.9 As a protective From the People’s Republic of China: administrative review, in whole or in measure, Pantech, Silbo, and Allied Rescission of the Antidumping Duty part, if a party who requested the review requested an administrative review of Administrative Review; 2017–2018 withdraws the request within 90 days of the Order with respect to Pantech as a the date of publication of notice of result of the anti-circumvention AGENCY: Enforcement and Compliance, initiation of the requested review, and preliminary determination because they International Trade Administration, no other party requested a review of the then faced suspended entries under the Department of Commerce. company for which the petitioner Order.10 However, in the final SUMMARY: The Department of Commerce requested a review. Section determination of the anti-circumvention (Commerce) is rescinding the 351.213(d)(1) also provides that inquiry published on June 21, 2019, administrative review of the Commerce may extend this time limit if Commerce found that Pantech was now antidumping duty order on carbon steel Commerce decides that it is reasonable eligible for the import certification butt-weld pipe fittings (BWPF) from the to do so. The deadline for a party to program for BWPF from Malaysia, and People’s Republic of China (China), withdraw a request for review was that the suspended entries of BWPF based on withdrawal of the requests for December 10, 2018.5 from Malaysia that do not contain review. On October 11, 2018, Jinan Mech finished or unfinished BWPF from DATES: Applicable August 19, 2019. timely withdrew its review request 6 China will not be subject to the Order.11 FOR FURTHER INFORMATION CONTACT: and, on December 28, 2018, Commerce Any of Pantech’s entries that do contain Kabir Archuletta or Hannah Falvey, AD/ rescinded this administrative review in finished or unfinished BWPF from CVD Operations, Office V, Enforcement part, with respect to Jinan Mech.7 No China are still subject to the Order.12 and Compliance, International Trade party withdrew any pending review Shortly after this determination was Administration, U.S. Department of requests for Pantech by the December published, Silbo, Allied, and Pantech Commerce, 1401 Constitution Avenue 10, 2018 deadline. each requested that Commerce extend NW, Washington, DC 20230; telephone On July 2, 2019, Commerce received the deadline to withdraw a request for (202) 482–2593 or (202) 482–4889, multiple requests to extend the time review. The parties explained that the respectively. limit for Pantech, Silbo, and Allied to sole reason for requesting a review—to SUPPLEMENTARY INFORMATION: withdraw their requests for review of preserve their ability for administrative Pantech.8 In their letters, the parties review of Pantech’s entries in light of Background explained that unique circumstances the affirmative preliminary On July 6, 1992, Commerce published warranted an extension of the 90-day determination in the concurrent anti- in the Federal Register the antidumping deadline under 19 CFR 351.213(d)(1). In circumvention inquiry—was no longer duty order on BWPF from China.1 On particular, in the preliminary at issue.13 July 31, 2018, Commerce received determination of the concurrent anti- The parties additionally argued that, separate requests to conduct an although Commerce had expended some administrative review of the Order for 4 See Initiation of Antidumping and resources in the conduct of this review, Chinese producer/exporter Jinan Mech Countervailing Duty Administrative Reviews, 83 FR it had not yet issued the preliminary Piping Technology Co., Ltd. (Jinan 45596, 45601–02 (September 10, 2018). results of review. Further, the parties 5 See 19 CFR 351.213(d)(1). If the new deadline 2 Mech) on behalf of Jinan Mech and for falls on a non-business day, in accordance with argued that rescission of the review at Malaysian producer/exporter Pantech Commerce’s practice, the deadline will become the this time would still conserve Steel Industries SDN BHD (Pantech) on next business day. substantial resources, particularly in a behalf of Pantech and U.S. importers 6 See Jinan Mech’s Letter, ‘‘Administrative review which would require Review of the Antidumping Duty Order on Carbon Silbo Industries, Inc. (Silbo) and Allied Steel Butt-Weld Pipe Fittings from the People’s calculations of margins in a potentially Group (Allied).3 Based upon these Republic of China: Withdrawal of Request for unusual circumstance of a market requests, on September 10, 2018, Review,’’ dated October 11, 2018. economy company using an input from Commerce published in the Federal 7 See Carbon Steel Butt-Weld Pipe Fittings from a non-market economy. Moreover, the Register a notice of initiation of an the People’s Republic of China; Rescission of the parties explained that they are not Antidumping Duty Administrative Review, In Part; 2017–2018, 83 FR 67228 (December 28, 2018). withdrawing their request for a review 1 See Antidumping Duty Order and Amendment 8 See Silbo’s Letter, ‘‘Silbo’s Request to Extend in order to receive a more favorable rate. to the Final Determination of Sales at Less Than the Time Within Which to Withdraw Its Indeed, by withdrawing at this stage, Fair Value; Certain Carbon Steel Butt-Weld Pipe Administrative Review Request and Withdrawal of Fittings from the People’s Republic of China, 57 FR the Administrative Review Request in the 9 See Carbon Steel Butt-Weld Pipe Fittings from 29702 (July 6, 1992) (Order). Administrative Review of the Antidumping Duty the People’s Republic of China: Preliminary 2 See Jinan Mech’s Letter, ‘‘Administrative Order on Carbon Steel Butt-Weld Pipe Fittings from Affirmative Determination of Circumvention of the Review of the Antidumping Duty Order on Carbon the People’s Republic of China (A–570–814) (POR: Antidumping Duty Order, 83 FR 35205 (July 25, Steel Butt-Weld Pipe Fittings from the People’s 7/1/17–6/30/18),’’ dated July 2, 2019; see also 2018). Republic of China: Request for Review,’’ dated July Allied’s Letter, ‘‘Carbon Steel Butt-Weld Pipe 10 31, 2018. Fittings from the People’s Republic of China: (1) See, e.g., Pantech Review Request Withdrawal 3 See Pantech’s Letter, ‘‘Carbon Steel Butt-Weld Request to Extend the Time Within Which to Letter at 3. Pipe Fittings from the People’s Republic of China, Withdraw Administrative Review Request; and (2) 11 See Carbon Steel Butt-Weld Pipe Fittings from A–570–814: Review Request,’’ dated July 31, 2018; Withdrawal of the Administrative Review Request,’’ the People’s Republic of China: Final Affirmative Silbo’s Letter, ‘‘Request for Administrative Review dated July 2, 2019; and Pantech’s Letter, ‘‘Carbon Determination of Circumvention of the of the Antidumping Duty Order on Carbon Steel Steel Butt-Weld Pipe Fittings from the People’s Antidumping Duty Order, 84 FR 29164 (June 21, Butt-Weld Pipe Fittings from the People’s Republic Republic of China, A–570–814: Withdrawal of 2019). of China (A–570–814),’’ dated July 31, 2018; and Review Request and Request to Rescind 12 Id., 84 FR at 29165, ‘‘Continuation of Allied’s Letter, ‘‘Certain Carbon Steel Butt-Weld Antidumping Duty Administrative Review,’’ dated Suspension of Liquidation.’’ Pipe Fittings from China: Allied Group Request for July 2, 2019 (Pantech Review Request Withdrawal 13 See, e.g., Pantech Review Request Withdrawal Administrative Review,’’ dated July 31, 2018. Letter). Letter at 3–4.

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Pantech’s entries that do contain Accordingly, Commerce is rescinding DEPARTMENT OF COMMERCE finished or unfinished BWPF from this review of the Order for the POR in China, if any, will be assessed at the accordance with 19 CFR 351.213(d)(1). International Trade Administration 14 China-wide rate of 182.90 percent. [A–469–814f] After reviewing the reasons outlined Assessment in the requests, Commerce determined Commerce will instruct U.S. Customs Chlorinated Isocyanurates From Spain: that it was reasonable to extend the and Border Protection (CBP) to assess Preliminary Results of Antidumping deadline for parties to withdraw a antidumping duties on all appropriate Duty Administrative Review; 2017– request for review to July 29, 2019, 2018 entries. Antidumping duties shall be pursuant to 19 CFR 351.213(d)(1).15 On assessed at rates equal to the cash AGENCY: July 25, 2019, Silbo, Allied, and Pantech Enforcement and Compliance, separately withdrew each of their deposit of estimated antidumping duties International Trade Administration, requests for an administrative review of required at the time of entry, or U.S. Department of Commerce. the Order.16 No other parties requested withdrawal from warehouse, for SUMMARY: The Department of Commerce an administrative review of Pantech. consumption, in accordance with 19 (Commerce) preliminarily determines Additionally, the petitioners have not CFR 351.212(c)(1)(i). Commerce intends that sales of chlorinated isocyanurates raised any concerns regarding these to issue appropriate assessment (chlorinated isos) from Spain by Ercros withdrawal requests, nor submitted any instructions directly to CBP 15 days S.A. (Ercros) were not sold at less than further comments on the information after publication of this notice. normal value during the period of that Pantech submitted to the record. review (POR), June 1, 2017 through May Notification to Importers 31, 2018. Interested parties are invited Rescission of Review to comment on these preliminary This notice serves as a reminder to results. As discussed above, pursuant to 19 importers of their responsibility under CFR 351.213(d)(1), Commerce 19 CFR 351.402(f)(2) to file a certificate DATES: Applicable August 19, 2019. considered the interested parties’ regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: requests to extend the deadline to antidumping duties prior to liquidation Andrew Huston, AD/CVD Operations, withdraw their requests for a review of of the relevant entries during this Office VII, Enforcement and Pantech, and, based on the reasons review period. Failure to comply with Compliance, International Trade provided by the parties and the this requirement could result in the Administration, U.S. Department of circumstances presented, determined Commerce, 1401 Constitution Avenue presumption that reimbursement of that it was reasonable to extend the NW, Washington, DC 20230; telephone: antidumping duties occurred and the deadline.17 Once the extension was (202) 482–4261. subsequent assessment of doubled granted, each interested party separately SUPPLEMENTARY INFORMATION: withdrew their review requests for antidumping duties. Background Pantech and requested a rescission of Administrative Protective Order (APO) administrative review of the Order.18 On August 10, 2018, Commerce There are no remaining requests for an This notice also serves as a reminder published the notice of initiation of this administrative review of the Order. to parties subject to APO of their administrative review of chlorinated responsibility concerning the return or isos from Spain covering one company, 14 Id. at 5–6. destruction of proprietary information Ercros.1 Commerce exercised its 15 See Commerce’s Letter to Silbo, ‘‘Antidumping disclosed under APO in accordance discretion to toll all deadlines affected Duty Administrative Review of Carbon Steel Butt- Weld Pipe Fittings from the People’s Republic of with 19 CFR 351.305(a)(3), which by the partial federal government China: Extension of Time Limit,’’ dated July 24, continues to govern business closure from December 22, 2018 through 2019 (Silbo—Extension of Time); Commerce’s proprietary information in this segment the resumption of operations on January Letter to Allied, ‘‘Antidumping Duty 29, 2019.2 On April 10, 2019, Commerce Administrative Review of Carbon Steel Butt-Weld of the proceeding. Timely written Pipe Fittings from the People’s Republic of China: notification of the return/destruction of extended the deadline of these 3 Extension of Time Limit,’’ dated July 24, 2019 APO materials or conversion to judicial preliminary results until July 10, 2019, (Allied—Extension of Time), see also Commerce’s and on July 8, 2019, extended the Letter to Pantech, ‘‘Antidumping Duty protective order is hereby requested. Failure to comply with the regulations preliminary results deadline by an Administrative Review of Carbon Steel Butt-Weld additional 30 days.4 The events that Pipe Fittings from the People’s Republic of China: and terms of an APO is a violation Extension of Time Limit,’’ dated July 24, 2019 which is subject to sanction. (Pantech—Extension of Time). 1 See Initiation of Antidumping and 16 See Silbo’s Letter, ‘‘Silbo’s Withdrawal of Its Notification to Interested Parties Countervailing Duty Administrative Reviews, 83 FR Administrative Review Request in the 39688 (August 10, 2018). 2 Administrative Review of the Antidumping Order This notice is issued and published in See Memorandum to the Record from Gary on Carbon Steel Butt-Weld Pipe Fittings from the Taverman, Deputy Assistant Secretary for People’s Republic of China (A–570–814) (POR: 7/ accordance with section 751(a)(1) and Antidumping and Countervailing Duty Operations, 1/17–6/30/18),’’ dated July 25, 2019 (Silbo’s 777(i)(1) of the Tariff Act of 1930, as performing the non-exclusive functions and duties Withdrawal Request); see also Allied’s Letter amended, and 19 CFR 351.213(d)(4). of the Assistant Secretary for Enforcement and ‘‘Carbon Steel Butt-Weld Pipe Fittings from the Compliance, ‘‘Deadlines Affected by the Partial People’s Republic of China: Withdrawal of Review Dated: August 14, 2019. Shutdown of the Federal Government,’’ dated Request,’’ dated July 25, 2019 (Allied’s Withdrawal January 28, 2019. All deadlines in this segment of Request); Pantech’s Letter, ‘‘Carbon Steel Butt-Weld James Maeder, the proceeding have been extended by 40 days. Pipe Fittings from the People’s Republic of China, Deputy Assistant Secretary for Antidumping 3 See Memorandum, ‘‘Chlorinated Isocyanurates A–570–814: Withdrawal of Review Request,’’ dated and Countervailing Duty Operations. from Spain: Extension of Deadline for Preliminary July 25, 2019 (Pantech’s Withdrawal Request). Results of Antidumping Duty Administrative [FR Doc. 2019–17772 Filed 8–16–19; 8:45 am] 17 See Silbo—Extension of Time; Allied— Review—2017–2018,’’ dated April 10, 2019. Extension of Time; and Pantech—Extension of BILLING CODE 3510–DS–P 4 See Memorandum, ‘‘Chlorinated Isocyanurates Time. from Spain: Second Extension of Deadline for 18 See Silbo’s Withdrawal Request; Allied’s Preliminary Results of Antidumping Duty Withdrawal Request; and Pantech’s Withdrawal Administrative Review—2017–2018,’’ dated July 8, Request. 2019.

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have occurred between initiation and following dumping margin exists for the 751(a)(3)(A) of the Act and 19 CFR these preliminary results are discussed period June 1, 2017 through May 31, 351.213(h). in the Preliminary Decision 2018: Assessment Rates Memorandum.5 Weighted- Upon issuance of the final results in Scope of the Order average this administrative review, Commerce The products covered by the order are Exporter/manufacturer dumping shall determine, and Customs and margin chlorinated isos, which are derivatives (percent) Border Protection (CBP) shall assess, of cyanuric acid, described as antidumping duties on all appropriate chlorinated s-triazine triones. Ercros S.A ...... 0.00 entries in accordance with 19 CFR Chlorinated isos are currently 351.212(b)(1). If Ercros’ weighted- classifiable under subheadings Disclosure and Public Comment average dumping margin is not zero or 2933.69.6015, 2933.69.6021, Commerce intends to disclose to the de minimis (i.e., less than 0.5 percent) 2933.69.6050, 3808.40.50, 3808.50.40 parties to the proceeding any in the final results of this review, we and 3808.94.5000 of the Harmonized calculations performed in connection will calculate importer- or customer- Tariff Schedule of the United States with these preliminary results within specific ad valorem assessment rates (HTSUS). The HTSUS subheadings are five days of the date of publication of based on the ratio of the total amount of provided for convenience and customs this notice.7 Interested parties may dumping calculated for the importer/ purposes only; the written product submit case briefs to Commerce in customer’s examined sales and the total description of the scope of the order is response to these preliminary results no entered value of the sales in accordance dispositive. A full description of the later than 30 days after the publication with 19 CFR 351.212(b)(1). We will scope of the order is contained in the of this notice.8 Rebuttal briefs, limited instruct CBP to assess antidumping Preliminary Decision Memorandum.6 to issues raised in the case briefs, may duties on all appropriate entries covered by this review when the importer- Methodology be filed no later than five days after the time limit for filing case briefs.9 Parties specific assessment rate calculated in Commerce is conducting this review who submit case briefs or rebuttal briefs the final results of this review is above in accordance with sections 751(a)(1)(B) in this proceeding are encouraged to de minimis. Where the respondent’s and (2) of the Tariff Act of 1930, as submit with each argument: (1) A weighted-average dumping margin is amended (the Act). Export price is statement of the issue; (2) a brief zero or de minimis, or an importer- calculated in accordance with section summary of the argument; and (3) a specific assessment rate is zero or de 772 of the Act. Normal value has been table of authorities.10 Case and rebuttal minimis, we will instruct CBP to calculated in accordance with section briefs should be filed using ACCESS.11 liquidate the appropriate entries 773 of the Act. For a full description of In order to be properly filed, ACCESS without regard to antidumping duties. the methodology underlying our must successfully receive an The final results of this review shall be conclusions, see the Preliminary electronically-filed document in its the basis for the assessment of Decision Memorandum. The entirety by 5 p.m. Eastern Time on the antidumping duties on entries of Preliminary Decision Memorandum is a established deadline. merchandise covered by the final results public document and is on file Pursuant to 19 CFR 351.310(c), of this review and for future deposits of electronically via Enforcement and interested parties who wish to request a estimated duties, where applicable. Compliance’s Antidumping and hearing must submit a written request to For entries of subject merchandise Countervailing Duty Centralized the Assistant Secretary for Enforcement during the POR produced by the Electronic Service System (ACCESS). and Compliance, filed electronically via respondent for which it did not know ACCESS is available to registered users ACCESS, within 30 days after the date that its merchandise was destined for at http://access.trade.gov and is of publication of this notice. Requests the United States, we will instruct CBP available to all parties in the Central should contain: (1) The party’s name, to liquidate unreviewed entries at the Records Unit, Room B8024 of the main address, and telephone number; (2) the all-others rate if there is no rate for the Commerce building. In addition, a number of participants; and (3) a list of intermediate company(ies) involved in complete version of the Preliminary issues to be discussed. Issues raised in the transaction. Decision Memorandum can be accessed the hearing will be limited to those We intend to issue instructions to directly on the internet at http:// raised in the respective case and CBP 15 days after the date of enforcement.trade.gov/frn/index.html. rebuttal briefs. If a request for a hearing publication of the final results of this The signed Preliminary Decision is made, Commerce intends to hold the review. Memorandum and the electronic hearing at the U.S. Department of Cash Deposit Requirements version of the Preliminary Decision Commerce, 1401 Constitution Avenue The following cash deposit Memorandum are identical in content. NW, Washington, DC 20230, at a date requirements will be effective for all A list of the topics discussed in the and time to be determined. Preliminary Decision Memorandum is Commerce intends to issue the final shipments of subject merchandise attached as an appendix to this notice. results of this administrative review, entered, or withdrawn from warehouse, for consumption on or after the date of Preliminary Results of Review including the results of its analysis of the issues raised in any written briefs, publication of the final results of this As a result of this review, we not later than 120 days after the date of administrative review, as provided for preliminarily determine that the publication of this notice, unless by section 751(a)(2)(C) of the Act: (1) extended, pursuant to section The cash deposit rate for the company 5 See Memorandum, ‘‘Decision Memorandum for under review will be the rate Preliminary Results of the 2017–2018 Antidumping 7 See 19 CFR 351.224(b). established in the final results of this Duty Administrative Review of Chlorinated review, except, if the rate is zero or de Isocyanurates from Spain,’’ dated concurrently 8 See 19 CFR 351.309(c)(1)(ii). with, and hereby adopted by, this notice 9 See 19 CFR 351.309(d)(1) and (2). minimis (i.e., less than 0.5 percent), no (Preliminary Decision Memorandum). 10 See 19 CFR 351.309(c)(2) and (d)(2). cash deposit will be required; (2) for 6 Id.at 2. 11 See 19 CFR 351.303. previously reviewed or investigated

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companies not listed above, the cash DEPARTMENT OF COMMERCE portion is listen-only; you will be deposit rate will continue to be the unable to speak to the Pacific Council company-specific rate published for the National Oceanic and Atmospheric via the broadcast. To access the meeting most recent period; (3) if the exporter is Administration online, please use the following link: not a firm covered in this review, a prior RIN 0648–XV030 http://www.gotomeeting.com/online/ review, or the less-than-fair-value webinar/join-webinar and enter the investigation, but the manufacturer is, Pacific Fishery Management Council; September Webinar ID, 634–645–459, the cash deposit rate will be the rate Public Meetings and your email address. You can attend the webinar online using a computer, established for the most recent period AGENCY: National Marine Fisheries for the manufacturer of the tablet, or smart phone, using the Service (NMFS), National Oceanic and GoToMeeting application. It is merchandise; and (4) the cash deposit Atmospheric Administration (NOAA), rate for all other manufacturers or recommended that you use a computer Commerce. headset to listen to the meeting, but you exporters is 24.83 percent, the all-others ACTION: Notice of public meetings. may use your telephone for the audio- rate established in the investigation.12 only portion of the meeting. The audio SUMMARY: The Pacific Fishery These cash deposit requirements, when portion may be attended using a Management Council (Pacific Council) imposed, shall remain in effect until telephone by dialing the toll number 1– and its advisory entities will hold further notice. 562–247–8422 (not a toll-free number), public meetings. Notification to Importers audio access code 532–691–006, and DATES: The Pacific Council and its entering the audio pin shown after This notice also serves as a advisory entities will meet September joining the webinar. preliminary reminder to importers of 11–18, 2019. The Pacific Council The following items are on the Pacific their responsibility under 19 CFR meeting will begin on Friday, Council agenda, but not necessarily in 351.402(f)(2) to file a certificate September 13, 2019 at 9 a.m. Pacific this order. Agenda items noted as ‘‘Final Daylight Time (PDT), reconvening at 8 regarding the reimbursement of Action’’ refer to actions requiring the a.m. each day through Wednesday, antidumping duties prior to liquidation Council to transmit a proposed fishery September 18, 2019. All meetings are of the relevant entries during this management plan, proposed plan open to the public, except a closed amendment, or proposed regulations to review period. Failure to comply with session will be held from 8 a.m. to 9 this requirement could result in the U.S. Secretary of Commerce, under a.m., Friday, September 13 to address Sections 304 or 305 of the Magnuson- Commerce’s presumption that litigation and personnel matters. The reimbursement of antidumping duties Stevens Fishery Conservation and Pacific Council will meet as late as Management Act. Additional detail on occurred and the subsequent assessment necessary each day to complete its of double antidumping duties. agenda items, Council action, advisory scheduled business. entity meeting times, and meeting Notification to Interested Parties ADDRESSES: Meetings of the Pacific rooms are described in Agenda Item Council and its advisory entities will be A.5, Proposed Council Meeting Agenda, We are issuing and publishing these held at the Riverside Hotel, 2900 and will be in the advance September results in accordance with sections Chinden Blvd., Boise, ID; telephone: 2019 briefing materials and posted on 751(a)(1) and 777(i)(1) of the Act. (208) 343–1871. the Pacific Council website at Council address: Pacific Fishery Dated: August 8, 2019. www.pcouncil.org no later than Friday, Management Council, 7700 NE August 23, 2019. Jeffrey I. Kessler, Ambassador Place, Suite 101, Portland, Assistant Secretary for Enforcement and A. Call to Order OR 97220. 1. Opening Remarks Compliance. Instructions for attending the meeting 2. Council Member Appointments via live stream broadcast are given Appendix 3. Roll Call under SUPPLEMENTARY INFORMATION, 4. Executive Director’s Report List of Topics Discussed in the Preliminary below. Decision Memorandum 5. Approve Agenda FOR FURTHER INFORMATION CONTACT: Mr. B. Open Comment Period I. Summary Chuck Tracy, Executive Director; 1. Comments on Non-Agenda Items II. Background telephone: (503) 820–2280 or (866) 806– C. Administrative Matters III. Scope of the Order 7204 toll-free; or access the Pacific 1. National Marine Fisheries Service IV. Allegation of a Particular Market Council website, http:// Strategic Plan Situation www.pcouncil.org for the current 2. Legislative Matters V. Comparisons to Normal Value meeting location, proposed agenda, and 3. Approval of Council Meeting VI. Product Comparisons meeting briefing materials. Record VII. Date of Sale SUPPLEMENTARY INFORMATION: VIII. Export Price The 4. Membership Appointments and IX. Normal Value September 11–18, 2019 meeting of the Council Operating Procedures X. Currency Conversion Pacific Council will be streamed live on 5. Future Council Meeting Agenda XI. Recommendation the internet. The broadcasts begin and Workload Planning initially at 9 a.m. PDT Friday, D. Habitat [FR Doc. 2019–17541 Filed 8–16–19; 8:45 am] September 13, 2019 and continue at 8 1. Current Habitat Issues BILLING CODE 3510–DS–P a.m. daily through Wednesday, E. Ecosystem September 18, 2019. Broadcasts end 1. Fishery Ecosystem Plan (FEP) Five- daily at 5 p.m. PDT or when business Year Review for the day is complete. Only the audio 2. Climate and Communities Initiative 12 See Chlorinated Isocyanurates From Spain: portion and presentations displayed on F. Salmon Notice of Final Determination of Sales at Less Than the screen at the Pacific Council 1. Methodology Review—Final Topic Fair Value, 70 FR 24506 (May 10, 2005). meeting will be broadcast. The audio Selection

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2. Rebuilding Plans—Final Action Ecosystem Workgroup, 8 a.m. Oregon State Delegation, 7 a.m. 3. Southern Resident Killer Whale Groundfish Electronic Monitoring Washington State Delegation, 7 a.m. Endangered Species Act Policy Advisory Committee And Although non-emergency issues not Consultation Technical Advisory Committee, 8 a.m. contained in this agenda may come 4. Review of Annual Management Habitat Committee 8 a.m. before the Pacific Council for Cycle Scientific and Statistical Committee 8 discussion, those issues may not be the G. Pacific Halibut Management a.m. subject of formal Council action during 1. 2020 Catch Sharing Plan and Legislative Committee 1 p.m. this meeting. Council action will be Annual Regulations Day 3—Friday, September 13, 2019 restricted to those issues specifically 2. Commercial Directed Fishery listed in this notice and any issues Regulations for 2020 California State Delegation, 7 a.m. arising after publication of this notice Oregon State Delegation, 7 a.m. H. Groundfish Management that require emergency action under Washington State Delegation, 7 a.m. 1. National Marine Fisheries Service Ecosystem Advisory Subpanel, 8 a.m. section 305(c) of the Magnuson-Stevens Report Ecosystem Workgroup, 8 a.m. Fishery Conservation and Management 2 Workload and New Management Groundfish Advisory Subpanel, 8 a.m. Act, provided the public has been Measure Update Groundfish Management Team, 8 a.m. notified of the Pacific Council’s intent to 3. Electronic Monitoring Program Salmon Advisory Subpanel, 8 a.m. take final action to address the Guidelines and Data Storage Salmon Technical Team, 8 a.m. emergency. Procedural Directive: Preliminary Scientific and Statistical Committee, 8 Special Accommodations Review a.m. 4. Endangered Species Act Mitigation Enforcement Consultants, 3 p.m. These meetings are physically Measures for Salmon accessible to people with disabilities. 5. Adopt Final Stock Assessments Day 4—Saturday, September 14, 2019 Requests for sign language 6. 2020 Harvest Specifications for California State Delegation, 7 a.m. interpretation or other auxiliary aids Cowcod and Shortbelly Rockfish Oregon State Delegation, 7 a.m. should be directed to Mr. Kris 7. Phased-In Approach for Changing Washington State Delegation, 7 a.m. Kleinschmidt at (503) 820–2411 at least Harvest Limits—Scoping Groundfish Advisory Subpanel, 8 a.m. 10 business days prior to the meeting 8. Initial Harvest Specification and Groundfish Management Team, 8 a.m. date. Management Measure Actions for Highly Migratory Species Advisory Authority: 16 U.S.C. 1801 et seq. 2021–2022 Management Subpanel, 8 a.m. Dated: August 14, 2019. 9. Final Action on Inseason Highly Migratory Species Management Adjustments—Including Final Team, 8 a.m. Tracey L. Thompson, Recommendations on Exempted Enforcement Consultants, Ad Hoc Acting Deputy Director, Office of Sustainable Fishing Permits for 2020 Groundfish Stock Assessment Q&A, 7 Fisheries, National Marine Fisheries Service. 10. Methodology Review—Final p.m. [FR Doc. 2019–17751 Filed 8–16–19; 8:45 am] Topic Selection Day 5—Sunday, September 15, 2019 BILLING CODE 3510–22–P I. Highly Migratory Species California State Delegation, 7 a.m. Management Oregon State Delegation, 7 a.m. DEPARTMENT OF COMMERCE 1. National Marine Fisheries Service Washington State Delegation, 7 a.m. Report Groundfish Advisory Subpane,l 8 a.m. National Oceanic and Atmospheric 2. Recommend International Groundfish Management Team, 8 a.m. Administration Management Activities Highly Migratory Species Advisory 3. Exempted Fishing Permits:—Final Subpanel, 8 a.m. Submission for OMB Review; Recommendations Highly Migratory Species Management Comment Request 4. Deep-Set Buoy Gear Team, 8 a.m. Authorization—Final Action Enforcement Consultants, Ad Hoc The Department of Commerce will submit to the Office of Management and Advisory Body Agendas Day 6—Monday, September 16, 2019 Budget (OMB) for clearance the Advisory body agendas will include California State Delegation, 7 a.m. following proposal for collection of discussions of relevant issues that are Oregon State Delegation, 7 a.m. information under the provisions of the on the Pacific Council agenda for this Washington State Delegation, 7 a.m. Paperwork Reduction Act (44 U.S.C. meeting, and may also include issues Groundfish Advisory Subpanel, 8 a.m. Chapter 35). that may be relevant to future Council Groundfish Management Team, 8 a.m. Agency: National Oceanic and meetings. Proposed advisory body Highly Migratory Species Advisory Atmospheric Administration (NOAA). agendas for this meeting will be Subpanel, 8 a.m. Title: Antarctic Marine Living available on the Pacific Council website Highly Migratory Species Management Resources Conservation and http://www.pcouncil.org/council- Team, 8 a.m. Management Measures. operations/council-meetings/current- Enforcement Consultants, Ad Hoc OMB Control Number: 0648–0194. Form Number(s): None. briefing-book/ no later than Friday, Day 7—Tuesday, September 17, 2019 Type of Request: Regular. August 23, 2019. California State Delegation, 7 a.m. Number of Respondents: 87. Schedule of Ancillary Meetings Oregon State Delegation, 7 a.m. Average Hours per Response: One hour to apply for a CEMP research Day 1—Wednesday, September 11, 2019 Washington State Delegation, 7 a.m. Groundfish Advisory Subpanel, 8 a.m. permit; 1 hour to report on research; 28 Scientific and Statistical Committee, 10 Groundfish Management Team, 8 a.m. hours to supply information on a.m. Enforcement Consultants, Ad Hoc potential new or exploratory fishing; 2 hours to apply for a harvesting permit; Day 2—Thursday, September 12, 2019 Day 8—Wednesday, September 18, 2019 5 minutes to transmit information by Ecosystem Advisory Subpanel, 8 a.m. California State Delegation, 7 a.m. radio; 4 hours to install a vessel

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monitoring device (VMS); 2 hours for DEPARTMENT OF COMMERCE species managed by the Mid-Atlantic annual VMS maintenance; 45 minutes and New England Fishery Management to mark a vessel; 40 minutes to mark National Oceanic and Atmospheric Councils. Other business will be buoys; 10 hours to mark pot gear; 6 Administration discussed as necessary. minutes to mark trawl nets; 15 minutes RIN 0648–XV029 Although non-emergency issues not to apply for a first receiver permit; 15 contained on this agenda may come minutes to complete and submit a New England Fishery Management before this Council for discussion, those toothfish catch document; 15 minutes to Council; Public Meeting issues may not be the subject of formal apply for pre-approval of toothfish action during this meeting. Council imports; 15 minutes to complete and AGENCY: National Marine Fisheries action will be restricted to those issues submit re-export catch documents; 15 Service (NMFS), National Oceanic and specifically listed in this notice and any minutes to submit import tickets. Atmospheric Administration (NOAA), issues arising after publication of this Burden Hours: 364. Commerce. notice that require emergency action Needs and Uses: This request is for ACTION: Notice; public meeting. under section 305(c) of the Magnuson- extension of a currently approved Stevens Act, provided the public has SUMMARY: The New England Fishery information collection. The 1982 been notified of the Council’s intent to Convention on the Conservation of Management Council (Council) is scheduling a joint public meeting of its take final action to address the Antarctic Marine Living Resources emergency. (Convention) established the Skate Committee and Advisory Panel to Commission for the Conservation of consider actions affecting New England Special Accommodations fisheries in the exclusive economic zone Antarctic Marine Living Resources This meeting is physically accessible (EEZ). Recommendations from this (CCAMLR). The United States is a to people with disabilities. This meeting group will be brought to the full Council Contracting Party to the Convention. will be recorded. Consistent with 16 for formal consideration and action, if The Antarctic Marine Living Resources U.S.C. 1852, a copy of the recording is appropriate. Convention Act (AMLRCA) directs and available upon request. Requests for authorizes the United States to take DATES: This meeting will be held on sign language interpretation or other actions necessary to meet its treaty Thursday, September 5, 2019 at 8:30 auxiliary aids should be directed to obligations as a Contracting Party to the a.m. Thomas A. Nies, Executive Director, at Convention. The regulations ADDRESSES: The meeting will be held at (978) 465–0492, at least 5 days prior to implementing AMLRCA are at 50 CFR the Hilton Providence, 21 Atwells Ave., the meeting date. part 300, subpart G. The record keeping Providence, RI 02903; telephone: (401) Authority: 16 U.S.C. 1801 et seq. and reporting requirements at 50 CFR 831–3900. Dated: August 14, 2019. part 300 form the basis for this Council address: New England collection of information. This Fishery Management Council, 50 Water Tracey L. Thompson, collection of information concerns Street, Mill 2, Newburyport, MA 01950. Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. research in, and the harvesting and FOR FURTHER INFORMATION CONTACT: importation of, marine living resources Thomas A. Nies, Executive Director, [FR Doc. 2019–17750 Filed 8–16–19; 8:45 am] from waters regulated by CCAMLR New England Fishery Management BILLING CODE 3510–22–P related to ecosystem research, U.S. Council; telephone: (978) 465–0492. harvesting permit application and/or SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE harvesting vessel operators and to The Joint Committee and Advisory importers and re-exporters of Antarctic Panel will discuss the Plan National Oceanic and Atmospheric marine living resources. The collection Development Team analysis and draft Administration is necessary in order for the United Framework Adjustment 8 (FW 8) States to meet its treaty obligations as a alternatives including updated status RIN 0648–XR018 contracting party to the Convention. determinations for the Northeast Skate Affected Public: Business or other for Complex, recommendations for the profit organizations; not-for-profit Nominations to the Marine Mammal Skate Allowable Biological Catch (ABC), Scientific Review Groups institutions; individuals or households. and associated possession limits. They Frequency: Annually and on occasion. will also select preferred alternatives for AGENCY: National Marine Fisheries Respondent’s Obligation: Mandatory. Service (NMFS), National Oceanic and This information collection request FW 8. The group plans to continue discussion of objectives for a limited Atmospheric Administration (NOAA), may be viewed at reginfo.gov. Follow Commerce. the instructions to view Department of access program in the skate bait and Commerce collections currently under wing fisheries (Amendment 5). Update ACTION: Notice; request for nominations. review by OMB. on ongoing limited access (Amendment 5) analyses. They will also discuss SUMMARY: As required by of the Marine Written comments and Mammal Protection Act (MMPA), the recommendations for the proposed recommendations for the Council to consider for 2020 priorities for the Secretary of Commerce established three information collection should be sent independent regional scientific review within 30 days of publication of this Northeast Skate Complex FMP. The _ Council is scheduled to have an initial groups (SRGs) to provide advice on a notice to OIRA Submission@ range of marine mammal science and omb.eop.gov or fax to (202) 395–5806. discussion of potential 2020 priorities at the September Council meeting. management issues. NMFS conducted a Sheleen Dumas, Additionally, the plan to receive an membership review of the Alaska, Departmental Lead PRA Officer, Office of the update on the Commercial Electronic Atlantic, and Pacific SRGs, and is Chief Information Officer, Commerce Vessel Trip Reporting (eVTR) Omnibus soliciting nominations for new members Department. Framework, which proposes to to fill vacancies and gaps in expertise. [FR Doc. 2019–17726 Filed 8–16–19; 8:45 am] implement electronic VTRs for all DATES: Nominations must be received BILLING CODE 3510–22–P vessels with commercial permits for by September 18, 2019.

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ADDRESSES: Nominations can be including marine pollution and natural Coast, Pacific Islands, and Alaska emailed to [email protected], environmental change, on specific fishing gear/techniques; West Coast or mailed to: Protected Species Science marine mammal species or stocks, and pinnipeds, including assessment, life Branch, Office of Science and for strategic stocks, appropriate history, ecology, and human-pinniped Technology, National Marine Fisheries conservation or management measures interactions; large whales, particularly Service, 1315 East-West Highway, Silver to alleviate any such impacts; and with regard to assessment, life history, Spring, MD 20910–6233, Attn: SRGs. F. Any other issue which the ecology, and anthropogenic threats; FOR FURTHER INFORMATION CONTACT: Dr. Secretary or the groups consider oceanography and marine ecology, Zachary Schakner, Office of Science and appropriate. particularly decadal and long-term Technology, 301–427–8106, SRG members collectively serve as understanding; quantitative ecology, [email protected]. independent advisors to NMFS and the population dynamics, modeling, and Information about the SRGs, including U.S. Fish and Wildlife Service and statistics, especially as related to the SRG Terms of Reference, is available provide their expert review and abundance and bycatch estimation, at https://www.fisheries.noaa.gov/ recommendations through participation survey design, Bayesian methods, national/marine-mammal-protection/ in the SRG. Members attend annual applications of new technologies, and scientific-review-groups. meetings and undertake activities as methods for data-limited circumstances; SUPPLEMENTARY INFORMATION: Section independent persons providing and fishery/marine mammal interaction 117(d) of the MMPA (16 U.S.C. 1386(d)) expertise in their subject areas. issues in the Pacific Islands and West directs the Secretary of Commerce to Members are not appointed as Coast states, including for State, Tribal, establish three independent regional representatives of professional or regional/local fisheries. SRGs to advise the Secretary (authority organizations or particular stakeholder For the Atlantic SRG (including delegated to NMFS). The Alaska SRG groups, including government entities, waters off the Atlantic coast, Gulf of advises on marine mammals that occur and are not permitted to represent or Mexico, and U.S. Territories in the in waters off Alaska that are under the advocate for those organizations, Caribbean), NMFS seeks individuals jurisdiction of the United States. The groups, or entities during SRG meetings, with expertise in one or more of the Pacific SRG advises on marine discussions, and deliberations. following priority areas (not in order of mammals that occur in waters off the SRG membership is voluntary; and, priority): Line-transect methodology, U.S. West Coast, Hawaiian Islands, and except for reimbursable travel and mark-recapture methods and survey the U.S. Territories in the Central and related expenses, service is without pay. design, and quantitative ecology; Gulf of Western Pacific that are under the The term of service for SRG members is Mexico cetacean population dynamics; jurisdiction of the United States. The three years, and members may serve up phocids; Northeast U.S. Large Marine Atlantic SRG advises on marine to three consecutive terms if Ecosystem (LME); transboundary mammals that occur in waters off the reappointed. science; marine mammal health, NMFS annually reviews the expertise Atlantic coast, Gulf of Mexico, and U.S. physiology, and toxicology; genetics; Territories in the Caribbean that are available on the SRG and identifies gaps fishing practices and fishery under the jurisdiction of the United in the expertise that is needed to interactions, and marine mammal States. provide advice pursuant to section bycatch reduction; ecosystem climate SRGs members are highly qualified 117(d) of the MMPA. In conducting the impacts; and manatees. reviews, NMFS attempts to achieve, to individuals with expertise in marine Submitting a Nomination mammal biology and ecology, the maximum extent practicable, a population dynamics and modeling, balanced representation of viewpoints Nominations for new members should commercial fishing technology and among the individuals on each SRG. be sent to Dr. Zachary Schakner in the NMFS Office of Science & Technology practices, and stocks taken under Expertise Solicited section 101(b) of the MMPA. The SRGs (see ADDRESSES) and must be received For the Alaska SRG, NMFS seeks provide expert reviews of draft marine by September 18, 2019. Nominations individuals with expertise in one or mammal stock assessment reports and should be accompanied by the more of the following areas (not in order other information related to the matters individual’s curriculum vitae and identified in section 117(d)(1) of the of priority): Abundance estimation, detailed information regarding how the MMPA, including: especially distance sampling and mark- recommended person meets the A. Population estimates and the recapture methods and survey design; minimum selection criteria for SRG population status and trends of marine anthropogenic impacts, particularly members (see below). Nominations mammal stocks; marine mammal bycatch estimation and should also include the nominee’s B. Uncertainties and research needed the effects of anthropogenic sound; name, address, telephone number, and regarding stock separation, abundance, Alaska Native harvest and use of marine email address. Self-nominations are or trends, and factors affecting the mammals for subsistence and handicraft acceptable. purposes; oceanographic changes distribution, size, or productivity of the Selection Criteria stock; impacting marine mammals; and C. Uncertainties and research needed genetics as a method of identifying Although the MMPA does not regarding the species, number, ages, population structure. explicitly prohibit Federal employees gender, and reproductive status of For the Pacific SRG (including waters from serving as SRG members, NMFS marine mammals; off the Pacific coast, Hawaiian Islands interprets MMPA section 117(d)’s D. Research needed to identify and the U.S. Territories in the Central reference to the SRGs as ‘‘independent’’ modifications in fishing gear and and Western Pacific), NMFS seeks bodies that are exempt from Federal practices likely to reduce the incidental individuals with expertise in one or Advisory Committee Act requirements mortality and serious injury of marine more of the following areas (not in order to mean that SRGs are intended to mammals in commercial fishing of priority): Sea otters; genetics; marine augment existing Federal expertise and operations; mammal stock definition and are not composed of Federal employees E. The actual, expected, or potential assessment under the MMPA and ESA, or contractors. NMFS will not consider impacts of habitat destruction, and science-management interface; West any nominee who is currently a Federal

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employee or a full-time contractor Budget (OMB) for clearance the 0732, 0648–0739 and 0648–0776. This supporting the Departments of following proposal for collection of information collection request proposes Commerce or Interior. information under the provisions of the to merge the three collections under When reviewing nominations, NMFS, Paperwork Reduction Act (44 U.S.C. 0648–0732 and extend the approval for in consultation with the U.S. Fish and Chapter 35). an additional three years. Wildlife Service, will consider the Agency: National Oceanic and Affected Public: Importers and following six criteria: Atmospheric Administration (NOAA). exporters of seafood subject to catch (1) Ability to make time available for Title: NMFS Implementation of documentation requirements. the purposes of the SRG; International Trade Data System. Frequency: Annual trade permits; (2) Knowledge of the species (or OMB Control Numbers: 0648–0732; electronic reports upon import/export; closely related species) of marine 0648–0739; 0648–0776. provision of supply chain documents mammals in the SRG’s region; Form Number(s): None. when selected for audit. (3) Scientific or technical Type of Request: Regular; This is a Respondent’s Obligation: Affected achievement in a relevant discipline, revision of a currently approved importers and exporters must obtain an particularly the areas of expertise collection. annual trade permit from NMFS. An identified above, to be considered an Number of Respondents: 1800. electronic message set specific to NMFS expert peer reviewer for the topic; Average Hours per Response: 20 must be filed electronically in ACE (4) Demonstrated experience working minutes. upon import/export of fish species effectively on teams; Burden Hours: 103,717. subject to documentation requirements. Needs and Uses: Pursuant to domestic (5) Expertise relevant to current and When imports are selected for audit, the statutory authorities and/or multilateral expected needs of the SRG, in importer must furnish supply-chain agreements, NMFS has implemented a particular, expertise required to provide records to NMFS for examination. number of trade monitoring programs to adequate review and knowledgeable This information collection request collect information from the seafood feedback on current or developing stock may be viewed at reginfo.gov. Follow industry regarding the origin of certain assessment issues, techniques, etc. In the instructions to view Department of fishery products. The purpose of these practice, this means that each member Commerce collections currently under programs is to determine the should have expertise in more than one review by OMB. topic as the species and scientific issues admissibility of the products in Written comments and discussed in SRG meetings are diverse; accordance with the specific criteria of recommendations for the proposed and the trade measure or documentation information collection should be sent (6) No conflict of interest with respect requirements in effect for the species of within 30 days of publication of this to their duties as a member of the SRG. fish that are being imported or exported. notice to OIRA_Submission@ The Security and Accountability for omb.eop.gov or fax to (202) 395–5806. Next Steps Every Port Act of 2006 (SAFE Port Act, Following review, nominees who are Pub. L. 109–347) requires all Federal Sheleen Dumas, identified by NMFS as potential new agencies with a role in import Departmental Lead PRA Officer, Office of the members must be vetted and cleared in admissibility decisions to collect Chief Information Officer, Commerce accordance with Department of information electronically through the Department. Commerce policy. NMFS will contact International Trade Data System (ITDS). [FR Doc. 2019–17727 Filed 8–16–19; 8:45 am] these individuals and ask them to U.S. Customs and Border Protection BILLING CODE 3510–22–P provide written confirmation that they (CBP) developed the Automated are not registered Federal lobbyists or Commercial Environment (ACE) as an registered foreign agents, and to internet-based system for the collection DEPARTMENT OF COMMERCE complete a confidential financial and dissemination of information for ITDS. National Oceanic and Atmospheric disclosure form, which will be reviewed Administration by the Ethics Law and Programs NMFS works with CBP to designate certain codes from the Harmonized Division within the U.S. Department of Submission for OMB Review; Tariff Schedule of the United States as Commerce’s Office of General Counsel. Comment Request All nominees will be notified of a requiring additional information when selection decision in advance of the an entry is electronically filed in ACE. The Department of Commerce will 2020 SRG meetings. That information (harvesting vessel, submit to the Office of Management and ocean area of catch, fishing gear, date Budget (OMB) for clearance the Dated: August 14, 2019. and port of landing, etc.) is used by following proposal for collection of Cathryn E. Tortorici, NMFS to determine that the fish information under the provisions of the Acting Director, Office of Protected Resources, products in the shipment were lawfully Paperwork Reduction Act (44 U.S.C. National Marine Fisheries Service. acquired, properly labeled and are Chapter 35). [FR Doc. 2019–17756 Filed 8–16–19; 8:45 am] admissible into U.S. commerce. Trade Agency: National Oceanic and BILLING CODE 3510–22–P permits are issued by NMFS to Atmospheric Administration (NOAA). importers and exporters of the Title: West Coast Region Seattle designated fish species so that the Federal Fisheries Permits. DEPARTMENT OF COMMERCE import/export documentation OMB Control Number: 0648–0203. requirements can be communicated to Form Number(s): None. National Oceanic and Atmospheric the trade community and to provide a Type of Request: Regular submission Administration point of contact when shipment (extension of a currently approved Submission for OMB Review; documentation problems are collection). Comment Request encountered at the border. Number of Respondents: 552. Electronic reporting of trade data has Average Hours per Response: Permit The Department of Commerce will been approved by OMB under three renewals: 20 minutes; Permit transfers: submit to the Office of Management and separate information collections: 0648– 30 minutes; Sablefish Ownership

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Interest form: 5 minutes; EFP requests made during the sablefish prohibited. An EEAA is a permit issued Applications: 32 hours; EFP Trip primary season (April 1st through by the Regional Office to accredited Notifications: 2 minutes; EFP Harvest October 31st), the permit owner is educational institutions that authorize, Plans: 16 hours; EFP Data Reports: 2 required to report the remaining tier for educational purposes, the target or hours; EFP Summary Reports: (interim pounds not yet harvested on the incidental harvest of species managed report) 4 hours; (final report) 20 hours; sablefish endorsed permit at the time of under a fisheries management plan or Letters of Acknowledgement: 6 hours; transfer. fishery regulations that would otherwise Exempted Educational Activity Applicants for an exempted fishing be prohibited. EEAAs are generally of Authorization, 6 hours. permit (EFP) must submit written limited scope and duration and Burden Hours: 2,024 hours. information that allows NOAA Fisheries authorize the take of the amount of fish Needs and Uses: This request is for a and the Pacific Fishery Management necessary to demonstrate the lesson. revision and extension of a currently Council to evaluate the proposed Regulations at 50 CFR 600.745(b) approved information collection. exempted fishing project activities and supplement existing information The Magnuson-Stevens Act (16 U.S.C. weigh the benefits and costs of the collections required by the various 1801) provides that the Secretary of proposed activities. The Council makes fishery management plans establishing Commerce is responsible for the a recommendation on each EFP minimum standards for these activities. conservation and management of marine application and for successful Researchers are requested to submit fisheries resources in Exclusive applicants, NOAA Fisheries issues the reports of their scientific research Economic Zone (3–200 miles) of the EFPs which contains terms and activity after its completion. United States (U.S.). NOAA Fisheries, conditions for the project including An EEAA is a permit issued by the Northwest Region manages the Pacific various reporting requirements. The Regional Office to accredited Coast Groundfish Fishery in the information included in an application educational institutions that authorize, Exclusive Economic Zone (EEZ) off is specified at 50 CFR 600.745(b)(2) and for educational purposes, the target or Washington, Oregon, and California the Council Operating Procedure #19. incidental harvest of species managed under the Pacific Coast Groundfish Permit holders are required to file under an FMP or fishery regulations that Fishery Management Plan. The preseason harvest plans, interim and/or would otherwise be prohibited. EEAAs regulations implementing the Pacific final summary reports on the results of are generally of limited scope and Groundfish Fishery require that those the project, and in some cases duration, and authorize the take of the vessels participating in the limited entry individual vessels and other permit amount of fish necessary to demonstrate fishery to be registered to a valid limited holders are required to provide data the lesson. Researchers are requested to entry permit. Participation in the fishery reports (i.e., logbooks and/or catch submit reports of their scientific and access to a limited entry permit has reports). The results of EFPs are research activity after its completion. been restricted to control the overall commonly used to explore ways to LOAs are required under Section harvest capacity. reduce effort on depressed stocks, 101(a)(5)(A) of the Marine Mammal NOAA Fisheries seeks comment on encourage innovation and efficiency in Protection Act (MMPA) of 1972 for the the extension of permit information the fishery, provide access to incidental take of marine mammals collections required for: (1) Renewal constrained stocks by directly during fisheries surveys and related and transfer of Pacific Coast Groundfish measuring the bycatch associated with research activities conducted by the limited entry permits; (2) such strategies, and evaluate/revise Northwest Fisheries Science Center implementation of certain provisions of current and proposed management (NWFSC), NMFS. Management of the sablefish permit stacking program as measures. certain marine mammals falls under the provided for at 50 CFR 660.231 and Letters of Acknowledgement (LOAs) jurisdiction of the NMFS under the 660.25; and (3) issuing and fulfilling the and Exempted Educational Activity MMPA and Endangered Species Act terms and conditions of certain Authorizations (EEAAs) were (ESA) and mechanisms exist under both exempted fishing permits (EFPs). The historically collected under OMB the ESA and MMPA to assess the effect regulations implementing the limited control number 0648–0309. To reduce of incidental takings and to authorize entry program are found at 50 CFR part burden estimates, National Marine appropriate levels of take. 660, subpart G. Fisheries Service (NMFS) Headquarters Affected Public: Primary respondents Also, NOAA Fisheries requires an proposed to move LOAs and EEAAs to are businesses or other for-profit information collection to implement their respective region’s permit family- organizations (e.g., groundfish certain aspects of the sablefish permit of-forms collections. OMB control fishermen, fishing companies, and stacking program which prevents number 0648–0309 will need to remain partnerships), state fisheries agencies, excessive fleet consolidation. As part of in place until all of the regions have non-profit institutions, or fishing the annual renewal process, NOAA moved the necessary elements into the associations who sponsor research Fisheries requires a corporation or respective regional PRA collections. carried out under exempted fishing partnership that owns or holds (as NMFS may grant exemptions from permits. vessel owner) a sablefish endorsed fishery regulations for educational or Frequency: Reporting would generally permit to provide a complete ownership other activities (e.g., using non- occur annually, but could occur interest form listing all individuals with regulation gear). A NMFS Regional monthly or semi-annually depending on ownership interest in the entity. Administrator or Director may the information requested. Similarly, any sablefish endorsed permit authorize, for limited testing, public Respondent’s Obligation: Required to transfer involving registration of a display, data collection, exploratory obtain or retain benefits. business entity requires an ownership fishing, compensation fishing, This information collection request interest form if either the permit owner conservation engineering, health and may be viewed at reginfo.gov. Follow or vessel owner is a corporation or safety surveys, environmental cleanup, the instructions to view Department of partnership. This information is used to and/or hazard removal purposes, the Commerce collections currently under determine if individuals own or hold target or incidental harvest of species review by OMB. sablefish permits in excess of the limit managed under an FMP or fishery Written comments and of three permits. Also, for transfer regulations that would otherwise be recommendations for the proposed

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information collection should be sent • Status of Outstanding state officials serving in the executive within 30 days of publication of this Recommendations branch of state government; in notice to OIRA_Submission@ • Alternate DDFO Report particular, Governors and/or their omb.eop.gov or fax to (202) 395–5806. • Committee Reports designated energy representative(s). • Adjourn Sheleen Dumas, DATES: Responses to the RFI must be Public Participation: The meeting is received by 5:00 p.m. (ET) on September Departmental Lead PRA Officer, Office of the open to the public. The EM SSAB, Oak 18, 2019. Chief Information Officer, Commerce Ridge, welcomes the attendance of the Department. ADDRESSES: Interested parties are to public at its advisory committee [FR Doc. 2019–17725 Filed 8–16–19; 8:45 am] submit comments electronically to: meetings and will make every effort to _ BILLING CODE 3510–22–P GovernorsRFI [email protected]. accommodate persons with physical Include Engaging Governors to Advance disabilities or special needs. If you State Energy Priorities in the subject of require special accommodations due to DEPARTMENT OF ENERGY the title. Responses must be provided as a disability, please contact Melyssa P. attachments to an email. The complete Noe at least seven days in advance of Environmental Management Site- RFI document is located at https://eere- the meeting at the phone number listed exchange.energy.gov/. Specific Advisory Board, Oak Ridge above. Written statements may be filed FOR FURTHER INFORMATION CONTACT: with the Board either before or after the AGENCY: Office of Environmental Questions may be addressed to Greg meeting. Individuals who wish to make Management, Department of Energy. Dierkers at [email protected] oral statements pertaining to the agenda ACTION: Notice of open meeting. or 202–287–1921. Further instruction item should contact Melyssa P. Noe at can be found in the RFI document SUMMARY: This notice announces a the address or telephone number listed posted on EERE Exchange. meeting of the Environmental above. Requests must be received five Management Site-Specific Advisory days prior to the meeting and reasonable SUPPLEMENTARY INFORMATION: The Board (EM SSAB), Oak Ridge. The provision will be made to include the purpose of this RFI is to solicit feedback Federal Advisory Committee Act presentation in the agenda. The Deputy from industry, academia, nonprofit requires that public notice of this Designated Federal Officer is organizations, and other organizations meeting be announced in the Federal empowered to conduct the meeting in a that have extensive experience working Register. fashion that will facilitate the orderly with the senior state officials, including conduct of business. Individuals Governors and/or their designated DATES: Wednesday, September 11, 2019, energy representative(s), serving the 6:00 p.m. wishing to make public comments will be provided a maximum of five minutes nation’s 55 states and territories. SEP is ADDRESSES: DOE Information Center, to present their comments. specifically interested in information on Office of Science and Technical Minutes: Minutes will be available by such organizations’ ability and Information, 1 Science.gov Way, Oak writing or calling Melyssa P. Noe at the experience in providing direct support Ridge, Tennessee 37831. address and phone number listed above. to states through training on best FOR FURTHER INFORMATION CONTACT: Minutes will also be available at the practices and the development and Melyssa P. Noe, Alternate Deputy following website: https://energy.gov/ dissemination of technical assistance Designated Federal Officer, U.S. orem/listings/oak-ridge-site-specific- programs. The desired outcome is to Department of Energy, Oak Ridge Office advisory-board-meetings. improve how SEP delivers technical of Environmental Management (OREM), assistance that helps states improve the P.O. Box 2001, EM–942, Oak Ridge, TN Signed in Washington, DC, on August 14, affordability, reliability, and resiliency 2019. 37831. Phone (865) 241–3315; Fax (865) of energy systems. The RFI is available 241–6932; Email: Melyssa.Noe@ LaTanya Butler, at: https://eere-exchange.energy.gov/. orem.doe.gov. Or visit the website at Deputy Committee Management Officer. Confidential Business Information https://energy.gov/orem/services/ [FR Doc. 2019–17774 Filed 8–16–19; 8:45 am] community-engagement/oak-ridge-site- BILLING CODE 6450–01–P Pursuant to 10 CFR 1004.11, any specific-advisory-board. person submitting information that he SUPPLEMENTARY INFORMATION: or she believes to be confidential and DEPARTMENT OF ENERGY Purpose of the Board: The purpose of exempt by law from public disclosure should submit via email two well the Board is to make recommendations Notice of Request for Information (RFI) to DOE–EM and site management in the marked copies: One copy of the on Engaging Governors To Advance document marked ‘‘confidential’’ areas of environmental restoration, State Energy Priorities waste management, and related including all the information believed to activities. AGENCY: Office of Energy Efficiency and be confidential, and one copy of the Renewable Energy, Department of document marked ‘‘non-confidential’’ Tentative Agenda Energy (DOE). with the information believed to be • Welcome and Announcements ACTION: Request for information (RFI). confidential deleted. DOE will make its • Comments from the Deputy own determination about the Designated Federal Officer (DDFO) SUMMARY: The U.S. Department of confidential status of the information • Comments from the DOE, Tennessee Energy (DOE) invites public comment and treat it according to its Department of Environment and on its Request for Information (RFI) determination. Conservation, and Environmental number DE–FOA–0002098 regarding Factors of interest to DOE when Protection Agency Liaisons Engaging Governors to Advance State evaluating requests to treat submitted • Presentation: Update on the Mercury Energy Priorities. DOE’s Office of information as confidential include: (1) Treatment Facility Energy Efficiency and Renewable A description of the items; (2) whether • Public Comment Period Energy (EERE), State Energy Program and why such items are customarily • Motions/Approval of August 24, 2019 (SEP) seeks information on treated as confidential within the Meeting Minutes organizations who are able to support industry; (3) whether the information is

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generally known by or available from www.ferc.gov/docs-filing/efiling.asp. protests or other comments filed, but other sources; (4) whether the Commenters can submit brief comments only those who file a motion to information has previously been made up to 6,000 characters, without prior intervene in accordance with the available to others without obligation registration, using the eComment system Commission’s Rules may become a concerning its confidentiality; (5) an at http://www.ferc.gov/doc-sfiling/ party to the proceeding. Any comments, explanation of the competitive injury to ecomment.asp. You must include your motions to intervene, or protests must the submitting person that would result name and contact information at the end be received on or before the specified from public disclosure; (6) when such of your comments. For assistance, comment date for the particular information might lose its confidential please contact FERC Online Support at application. character due to the passage of time; and [email protected], (866) o. Filing and Service of Responsive (7) why disclosure of the information 208–3676 (toll free), or (202) 502–8659 Documents: Any filing must (1) bear in would be contrary to the public interest. (TTY). In lieu of electronic filing, please all capital letters the title COMMENTS, Signed in Washington, DC, on August 6, send a paper copy to: Secretary, Federal MOTION TO INTERVENE, or PROTEST 2019. Energy Regulatory Commission, 888 as applicable; (2) set forth in the First Street NE, Washington, DC 20426. Anna Maria Garcia, heading the name of the applicant and The first page of any filing should Director, Weatherization and the project number of the application to include docket number P–13160–011. which the filing responds; (3) furnish Intergovernmental Programs Office, Office of k. Description of Request: The Energy Efficiency and Renewable Energy, U.S. the name, address, and telephone Department of Energy. applicant proposes to replace the number of the person protesting or project’s two authorized 26-megawatt [FR Doc. 2019–17758 Filed 8–16–19; 8:45 am] intervening; and (4) otherwise comply (MW) turbine-generator units with six BILLING CODE 6450–01–P with the requirements of 18 CFR 8.1–MW turbine-generator units. The 385.2001 through 385.2005. All proposed action would reduce the total comments, motions to intervene, or DEPARTMENT OF ENERGY authorized installed capacity of the protests must set forth their evidentiary project from 52.0 to 48.6 MW, and the basis and otherwise comply with the Federal Energy Regulatory hydraulic capacity from 33,200 to requirements of 18 CFR 4.34(b). All Commission 29,658 cubic feet per second. To comments, motions to intervene, or accommodate the change from two to [P–13160–011] protests should relate to project works six units, the applicant proposes to which are the subject of the temporary increase the size of the powerhouse Red River Hydro, LLC; Notice of variance request. Agencies may obtain from 214 feet long by 112 feet wide, to Application Accepted for Filing and copies of the application directly from 133 feet long by 236 feet wide, and raise Soliciting Comments, Motions To the applicant. A copy of any protest or the foundation from an elevation of -20 Intervene, and Protests motion to intervene must be served feet to +3 feet, which it states will pose upon each representative of the Take notice that the following less of a construction risk. The applicant applicant specified in the particular hydroelectric application has been filed does not propose changes to any other application. If an intervener files with the Commission and is available aspects of the project. comments or documents with the l. Locations of the Applications: A for public inspection. Commission relating to the merits of an copy of the application is available for a. Type of Application: Non-capacity issue that may affect the responsibilities amendment of license. inspection and reproduction at the Commission’s Public Reference Room, of a particular resource agency, they b. Project No.: P–13160–011. must also serve a copy of the document c. Date Filed: December 10, 2018. located at 888 First Street NE, Room 2A, on that resource agency. A copy of all d. Applicant: Red River Hydro, LLC. Washington, DC 20426, or by calling e. Name of Project: Overton Lock and (202) 502–8371. The filing may also be other filings in reference to this Dam Hydroelectric Project. viewed on the Commission’s website at application must be accompanied by f. Location: The unconstructed project http://www.ferc.gov/docs-filing/ proof of service on all persons listed in would be located at the U.S. Army elibrary.asp. Enter the docket number the service list prepared by the Corps of Engineer’s John H. Overton excluding the last three digits in the Commission in this proceeding, in Lock and Dam on the Red River in docket number field to access the accordance with 18 CFR 4.34(b) and Rapides Parish, Louisiana. document. You may also register online 385.2010. g. Filed Pursuant to: Federal Power at http://www.ferc.gov/docs-filing/ Dated: August 13, 2019. Act, 16 U.S.C. 791a–825r. esubscription.asp to be notified via Kimberly D. Bose, h. Applicant Contact: Paul Jacob, Red email of new filings and issuances Secretary. River Hydro, LLC, c/o Rye related to this or other pending projects. [FR Doc. 2019–17720 Filed 8–16–19; 8:45 am] Development, 745 Atlantic Ave., 8th For assistance, call 1–866–208–3676 or BILLING CODE 6717–01–P Floor, Boston, MA 02111, (617) 7010– email [email protected], for 3288. TTY, call (202) 502- 8659. i. FERC Contact: Marybeth Gay, (202) m. Individuals desiring to be included DEPARTMENT OF ENERGY 502–6125, [email protected] or on the Commission’s mailing list should Korede Olagbegi, (202) 502–6268, so indicate by writing to the Secretary Federal Energy Regulatory [email protected]. of the Commission. Commission j. Deadline for filing comments, n. Comments, Motions to Intervene, or motions to intervene, and protests is 30 Protests: Anyone may submit [Docket No. EL19–88–000] days from the issuance of this notice by comments, a motion to intervene, or a the Commission. The Commission protest in accordance with the New York Power Authority; Notice of strongly encourages electronic filing. requirements of Rules of Practice and Petition for Declaratory Order Please file comments, motions to Procedure, 18 CFR 385.210, .211, .214. intervene, and protests using the In determining the appropriate action to Take notice that on August 12, 2019, Commission’s eFiling system at http:// take, the Commission will consider all pursuant to section 219 of the Federal

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Power Act,1 Rule 207 of the Federal enables subscribers to receive email between October 2017 and September Energy Regulatory Commission’s notification when a document is added 2018 and a sample of 37 CE instances (Commission) Rules of Practice and to a subscribed docket(s). For assistance of noncompliance out of 898 CE Procedure, 18 CFR 385.207(a)(2) (2018), with any FERC Online service, please instances of noncompliance posted by Order No. 679,2 and the Commission’s email [email protected], or NERC between October 2017 and November 15, 2012 policy statement on call (866) 208–3676 (toll free). For TTY, September 2018. 3 transmission incentives, the New York call (202) 502–8659. Commission staff believes that the Power Authority (NYPA or Petitioner), Dated: August 13, 2019. FFT and CE programs are meeting filed a petition for declaratory order Kimberly D. Bose, expectations, with limited exceptions. seeking incentive rate treatments for Secretary. Sampling for the 2018 program year NYPA’s investment in competitively indicated that the Regional Entities selected New York Independent System [FR Doc. 2019–17730 Filed 8–16–19; 8:45 am] appropriately included 63 of the 64 Operator, Inc. transmission projects BILLING CODE 6717–01–P needed to relieve severe and chronic sampled possible violations in the FFT congestion between upstate and and CE programs, with only one DEPARTMENT OF ENERGY downstate New York (AC Transmission exception, and that 62 of the 64 sampled Needs Projects or AC Projects), as more FFTs and CEs have been adequately Federal Energy Regulatory remediated, with the remaining two fully explained in the petition. Commission Any person desiring to intervene or to FFTs to be adequately remediated once protest this filing must file in [Docket No. RC11–6–009] the ongoing mitigation is completed in accordance with Rules 211 and 214 of the coming months. Commission staff’s the Commission’s Rules of Practice and North American Electric Reliability sample analysis indicated a decreasing Procedure (18 CFR 385.211, 385.214). Corporation; Notice of Staff Review of number of documentation concerns, Protests will be considered by the Enforcement Programs particularly with regard to the clear Commission in determining the Commission staff coordinated with identification of root cause in the FFT appropriate action to be taken, but will the staff of the North American Electric and/or CE postings. Specifically, the not serve to make protestants parties to Reliability Corporation (NERC) to identification of root cause in FFTs and the proceeding. Any person wishing to conduct the annual oversight of the CEs has improved significantly over the become a party must file a notice of Find, Fix, Track and Report (FFT) past five years, moving from 38 percent intervention or motion to intervene, as program, as outlined in the March 15, missing an identification of root cause appropriate. Such notices, motions, or 2012 Order,1 and the Compliance to all now being included in this year’s protests must be filed on or before the Exception (CE) Program, as proposed by sampling. Commission staff comment date. Anyone filing a motion NERC’s September 18, 2015 annual subsequently reviewed the supporting to intervene or protest must serve a copy Compliance Filing.2 The Commission information for these FFTs or CEs and of that document on the Petitioner. supported NERC’s plan to coordinate agreed with the final risk The Commission encourages with Commission staff to review the determinations for 62 of 64 samples. electronic submission of protests and same sample of possible violations, Commission staff also noted a interventions in lieu of paper using the thereby reducing the burden on the significant improvement in the clear eFiling link at http://www.ferc.gov. Regional Entities of providing evidence identification of factors affecting the risk Persons unable to file electronically for two different samples. Furthermore, prior to mitigation (such as potential should submit an original and 5 copies NERC and Commission staff agreed to and actual risk), and actual harm, which of the protest or intervention to the exclude the Florida Reliability was identified in all samples. In Federal Energy Regulatory Commission, Coordinating Council Regional Entity addition, Commission staff noted that 888 First Street NE, Washington, DC (FRCC) from the survey, reducing the the FFTs and CEs sampled did not 20426. burden on FRCC as it focuses efforts on contain any material misrepresentations This filing is accessible on-line at a planned and approved termination of by the registered entities. http://www.ferc.gov, using the eLibrary its responsibilities as a Regional Entity. Dated: August 12, 2019. link and is available for review in the Commission staff reviewed a sample of Commission’s Public Reference Room in 27 FFT possible violations out of 47 FFT Kimberly D. Bose, Washington, DC. There is an possible violations posted by NERC Secretary. eSubscription link on the website that [FR Doc. 2019–17723 Filed 8–16–19; 8:45 am] 1 North American Electric Reliability Corp., 138 BILLING CODE 6717–01–P 1 16 U.S.C. 824s (2012). FERC 61,193, at P 73 (2012) (discussing 2 Promoting Transmission Investment through Commission plans to survey a random sample of Pricing Reform, Order No. 679, 71 FR 43,294 (July FFTs submitted each year to gather information on 31, 2006) FERC Stats. & Regs. 31,222 (2006) (Order how the FFT program is working). DEPARTMENT OF ENERGY No. 679), order on reh’g, Order No. 679–A, 72 FR 2 North American Electric Reliability Corp., 1152 (Jan. 10, 2007), FERC Stats & Regs. 31,236 Docket No. RC11–6–004, at 1 (Nov. 13, 2015) Federal Energy Regulatory (2006) (‘‘Order No. 679–A’’), reh’g denied, 119 (delegated letter order) (stating NERC’s intention to Commission FERC ¶ 61,062 (2007). combine the evaluation of Compliance Exceptions 3 Promoting Transmission Investment through with the annual sampling of FFTs to further Pricing Reform, 141 FERC ¶ 61,129 (2012) streamline oversight of the FFT and compliance Notice of Effectiveness of Exempt (Incentives Policy Statement). exception programs). Wholesale Generator Status

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Glen Ullin Energy Center, LLC ...... EG19–95–000 Wildhorse Wind Energy, LLC ...... EG19–96–000 Blossburg Power, LLC ...... EG19–97–000 GenOn Holdco 1, LLC ...... EG19–98–000 GenOn Holdco 2, LLC ...... EG19–99–000 GenOn Holdco 3, LLC ...... EG19–100–000 GenOn Holdco 4, LLC ...... EG19–101–000 GenOn Holdco 5, LLC ...... EG19–102–000 GenOn Holdco 6, LLC ...... EG19–103–000 GenOn Holdco 7, LLC ...... EG19–104–000 GenOn Holdco 8, LLC ...... EG19–105–000 Hamilton Power, LLC ...... EG19–106–000 Hunterstown Power, LLC ...... EG19–107–000 Niles Power, LLC ...... EG19–108–000 Orrtanna Power, LLC ...... EG19–109–000 Shawnee Power, LLC ...... EG19–110–000 Titus Power, LLC ...... EG19–111–000 Tolna Power, LLC ...... EG19–112–000 Sage Draw Wind, LLC ...... EG19–113–000 231RC 8me LLC ...... EG19–114–000 Canadian Breaks LLC ...... EG19–115–000 RE Gaskell West 2 LLC ...... EG19–116–000 Turquoise Nevada LLC ...... EG19–117–000

Take notice that during the month of Company L.L.C.,Southeast Supply Accession Number: 20190809–5046. July 2, 2019, the status of the above- Header, LLC, Steckman Ridge, LP, Texas Comments Due: 5 p.m. ET 8/21/19. captioned entities as Exempt Wholesale Eastern Transmission, LP, Nautilus Docket Numbers: RP19–904–001. Generators Companies became effective Pipeline Company, L.L.C., Algonquin Applicants: Freebird Gas Storage, by operation of the Commission’s Gas Transmission, LLC. L.L.C. regulations. 18 CFR 366.7(a) (2018). Description: Compliance filing Description: Compliance filing Dated: August 12, 2019. Enbridge (U.S.) Pipelines Request for Revised FERC Order No. 587–Y Kimberly D. Bose, Waivers—LINK System Maintenance. Compliance Filing to be effective 8/1/ Filed Date: 8/8/19. Secretary. 2019. Accession Number: 20190808–5044. Filed Date: 8/9/19. [FR Doc. 2019–17728 Filed 8–16–19; 8:45 am] Comments Due: 5 p.m. ET 8/20/19. BILLING CODE 6717–01–P Accession Number: 20190809–5125. Docket Numbers: RP19–1464–000. Comments Due: 5 p.m. ET 8/21/19. Applicants: Gulf South Pipeline Docket Numbers: RP19–906–001. Company, LP. DEPARTMENT OF ENERGY Applicants: Caledonia Energy Description: § 4(d) Rate Filing: Partners, L.L.C. Amendment to Neg Rate Agmt (Entergy Federal Energy Regulatory Description: Compliance filing Commission 48769) to be effective 6/1/2019. Filed Date: 8/8/19. Revised FERC Order 587–Y Compliance Filing to be effective 8/1/2019. Combined Notice of Filings Accession Number: 20190808–5076. Comments Due: 5 p.m. ET 8/20/19. Filed Date: 8/9/19. Take notice that the Commission has Accession Number: 20190809–5123. Docket Numbers: RP19–846–002. received the following Natural Gas Comments Due: 5 p.m. ET 8/21/19. Applicants: Black Hills Shoshone Pipeline Rate and Refund Report filings: Pipeline, LLC. Docket Numbers: RP19–907–001. Filings Instituting Proceedings Description: Compliance filing Applicants: East Cheyenne Gas NAESB Compliance Filing—Order No. Storage, LLC. Docket Numbers: RP19–1064–002. Description: Compliance filing Applicants: Stingray Pipeline 587–Y to be effective 4/1/2019. Filed Date: 8/8/19. Revised FERC Order No. 587–Y Company, L.L.C. Compliance Filing to be effective 8/1/ Description: Compliance filing Accession Number: 20190808–5130. 2019. Stingray Second Order No. 587–Y Comments Due: 5 p.m. ET 8/20/19. Filed Date: 8/9/19. Compliance Filing to be effective 8/1/ Docket Numbers: RP19–1465–000. Accession Number: 20190809–5124. 2019. Applicants: Algonquin Gas Filed Date: 8/8/19. Transmission, LLC. Comments Due: 5 p.m. ET 8/21/19. Accession Number: 20190808–5028. Description: § 4(d) Rate Filing: Docket Numbers: RP19–926–001. Comments Due: 5 p.m. ET 8/20/19. Negotiated Rate—NSTAR releases to BP Applicants: Rendezvous Pipeline Docket Numbers: RP19–1463–000. to be effective 8/9/2019. Company, LLC. Applicants: Big Sandy Pipeline, LLC, Filed Date: 8/9/19. Description: Compliance filing Bobcat Gas Storage, East Tennessee Accession Number: 20190809–5030. Revised NAESB Compliance Filing— Natural Gas, LLC, Egan Hub Storage, Comments Due: 5 p.m. ET 8/21/19. Order No. 587–Y to be effective 8/1/ LLC, Garden Banks Gas Pipeline, Docket Numbers: RP19–884–001. 2019. LLC,Maritimes & Northeast Pipeline, Applicants: Maritimes & Northeast Filed Date: 8/9/19. L.L.C., Moss Bluff Hub, LLC, Pipeline, L.L.C. Accession Number: 20190809–5108. Mississippi Canyon Gas Pipeline, L.L.C., Description: Compliance filing RP19– Comments Due: 5 p.m. ET 8/21/19. Ozark Gas Transmission, L.L.C., NEXUS 884–000 Order 587–Y Compliance Docket Numbers: RP19–929–001. Gas Transmission, LLC, Sabal Trail Filing to be effective 8/1/2019. Applicants: TransColorado Gas Transmission, LLC, Saltville Gas Storage Filed Date: 8/9/19. Transmission Company LLC.

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Description: Compliance filing DEPARTMENT OF ENERGY prudently incurred costs associated NAESB 3.1 Compliance Filing to be with abandonment of certain effective 8/1/2019. Federal Energy Regulatory transmission projects of Pacific Gas and Filed Date: 8/9/19. Commission Electric Company. Filed Date: 8/9/19. Accession Number: 20190809–5077. Combined Notice of Filings #1 Accession Number: 20190809–5178. Comments Due: 5 p.m. ET 8/21/19. Take notice that the Commission Comments Due: 5 p.m. ET 8/30/19. Docket Numbers: RP19–930–001. received the following electric corporate Docket Numbers: ER19–2569–000. Applicants: El Paso Natural Gas filings: Applicants: ISO New England Inc. Description: ISO New England Inc. Company, L.L.C. Docket Numbers: EC19–118–000. submits Second Quarter 2019 Capital Description: Compliance filing Applicants: Public Service Company of Colorado, Manchief Power Company Budget Report. NAESB 3.1 Compliance Filing to be Filed Date: 8/12/19. effective 8/1/2019. LLC. Description: Joint Application for Accession Number: 20190812–5053. Filed Date: 8/9/19. Authorization Under Section 203 of the Comments Due: 5 p.m. ET 9/3/19. Accession Number: 20190809–5083. Federal Power Act, et al. of Public Docket Numbers: ER19–2570–000. Comments Due: 5 p.m. ET 8/21/19. Service Company of Colorado, et al. Applicants: PJM Interconnection, Filed Date: 8/9/19. L.L.C. Docket Numbers: RP19–940–001. Accession Number: 20190809–5164. Description: § 205(d) Rate Filing: Applicants: Golden Triangle Storage, Comments Due: 5 p.m. ET 8/30/19. Amendment to Service Agreement No. Inc. Take notice that the Commission 3352, Queue No. W1–029 re: Scope Change to be effective 6/27/2012. Description: Compliance filing GTS received the following exempt Filed Date: 8/12/19. Compliance Filing Pursuant to Order in wholesale generator filings: Accession Number: 20190812–5070. Docket No. RP19–940–000 to be Docket Numbers: EG19–160–000. Comments Due: 5 p.m. ET 9/3/19. effective 8/1/2019. Applicants: E.ON Climate & Docket Numbers: ER19–2571–000. Filed Date: 8/9/19. Renewables North America. Description: Notice of Self- Applicants: PJM Interconnection, Accession Number: 20190809–5120. Certification of Exempt Wholesale L.L.C. Comments Due: 5 p.m. ET 8/21/19. Generator Status of West of the Pecos Description: Tariff Cancellation: Notice of Cancellation of ISA SA No. Docket Numbers: RP19–997–001. Solar, LLC. Filed Date: 8/9/19. 4508; Queue No. AA2–145 to be Applicants: MoGas Pipeline LLC. Accession Number: 20190809–5159. effective 7/19/2019. Description: Compliance filing MoGas Comments Due: 5 p.m. ET 8/30/19. Filed Date: 8/12/19. Revised NAESB Compliance Filing to be Docket Numbers: EG19–161–000. Accession Number: 20190812–5074. effective 8/1/2019. Applicants: Whitney Hill Wind Comments Due: 5 p.m. ET 9/3/19. Filed Date: 8/9/19. Power, LLC. Docket Numbers: ER19–2572–000. Applicants: The Potomac Edison Accession Number: 20190809–5038. Description: Self-Certification of EG or FC of Whitney Hill Wind Power, LLC. Company, PJM Interconnection, L.L.C. Comments Due: 5 p.m. ET 8/21/19. Filed Date: 8/12/19. Description: § 205(d) Rate Filing: The filings are accessible in the Accession Number: 20190812–5055. Potomac and West Penn submit Commission’s eLibrary system by Comments Due: 5 p.m. ET 9/3/19. Interconnection Agreement, SA No. clicking on the links or querying the Take notice that the Commission 5110 to be effective 10/11/2019. docket number. received the following electric rate Filed Date: 8/12/19. filings: Accession Number: 20190812–5084. Any person desiring to intervene or Comments Due: 5 p.m. ET 9/3/19. protest in any of the above proceedings Docket Numbers: ER19–2312–000. must file in accordance with Rules 211 Applicants: ISO New England Inc. Docket Numbers: ER19–2573–000. and 214 of the Commission’s Description: Response to Deficiency Applicants: PacifiCorp. Regulations (18 CFR 385.211 and Notice and Request for Waiver of ISO Description: § 205(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern New England Inc. Exelon NITSA (OR Direct Access) SA time on the specified comment date. Filed Date: 8/9/19. 943 to be effective 8/1/2019. Protests may be considered, but Accession Number: 20190809–5166. Filed Date: 8/12/19. intervention is necessary to become a Comments Due: 5 p.m. ET 8/23/19. Accession Number: 20190812–5099. party to the proceeding. Docket Numbers: ER19–2567–000. Comments Due: 5 p.m. ET 9/3/19. Docket Numbers: ER19–2574–000. eFiling is encouraged. More detailed Applicants: FirstEnergy Solutions Applicants: Pacific Gas and Electric information relating to filing Corp. Company. requirements, interventions, protests, Description: § 205(d) Rate Filing: Description: Notice of Termination of service, and qualifying facilities filings Amendment to Reactive Service Rate a Small Generator Interconnection can be found at: http://www.ferc.gov/ Schedule FERC No. 1 to be effective 12/ Service Agreement No. 347 of Pacific docs-filing/efiling/filing-req.pdf. For 31/9998. Gas and Electric Company. other information, call (866) 208–3676 Filed Date: 8/9/19. Filed Date: 8/12/19. (toll free). For TTY, call (202) 502–8659. Accession Number: 20190809–5130. Comments Due: 5 p.m. ET 8/30/19. Accession Number: 20190812–5125. Dated: August 12, 2019. Docket Numbers: ER19–2568–000. Comments Due: 5 p.m. ET 9/3/19. Kimberly D. Bose, Applicants: Pacific Gas and Electric Docket Numbers: ER19–2575–000. Secretary. Company. Applicants: Techren Solar I LLC. [FR Doc. 2019–17732 Filed 8–16–19; 8:45 am] Description: Application requesting Description: Baseline eTariff Filing: BILLING CODE 6717–01–P authorization to recover 50 percent of Filing of Substation and Gen-Tie

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Agreements and Certificate of can be found at: http://www.ferc.gov/ under section 305(b) of the Magnuson- Concurrence to be effective 8/13/2019. docs-filing/efiling/filing-req.pdf. For Stevens Fishery Conservation and Filed Date: 8/12/19. other information, call (866) 208–3676 Management Act and implementing Accession Number: 20190812–5147. (toll free). For TTY, call (202) 502–8659. regulations at 50 CFR 600.920. We are Comments Due: 5 p.m. ET 9/3/19. Dated: August 12, 2019. also initiating consultation with the Docket Numbers: ER19–2576–000. Kimberly D. Bose, New York State Historic Preservation Applicants: PJM Interconnection, Secretary. Officer, as required by section 106, L.L.C. [FR Doc. 2019–17729 Filed 8–16–19; 8:45 am] National Historic Preservation Act, and Description: § 205(d) Rate Filing: First BILLING CODE 6717–01–P the implementing regulations of the Revised ISA, SA No. 4958; Queue No. Advisory Council on Historic AD2–166 to be effective 7/15/2019. Preservation at 36 CFR 800.2. Filed Date: 8/12/19. DEPARTMENT OF ENERGY l. With this notice, we are designating Accession Number: 20190812–5149. Erie Boulevard as the Commission’s Comments Due: 5 p.m. ET 9/3/19. Federal Energy Regulatory non-federal representative for carrying Commission Docket Numbers: ER19–2577–000. out informal consultation pursuant to Applicants: Midcontinent [Project No. 15000–001] section 7 of the Endangered Species Act; Independent System Operator, Inc., and consultation pursuant to section ALLETE, Inc. Erie Boulevard Hydropower, L.P; Description: § 205(d) Rate Filing: 106 of the National Historic Notice of Intent To File License Preservation Act. 2019–08–12_SA 3338 MP–GRE T–T (Big Application, Filing of Pre-Application Rock/Waldo Substation) to be effective Document, and Approving Use of the m. Erie Boulevard filed a Pre- 8/7/2019. Traditional Licensing Process Application Document (PAD; including Filed Date: 8/12/19. a proposed process plan and schedule) Accession Number: 20190812–5151. a. Type of Application: Notice of with the Commission, pursuant to 18 Comments Due: 5 p.m. ET 9/3/19. Intent To File License Application and CFR 5.6 of the Commission’s Docket Numbers: ER19–2578–000. Request to Use the Traditional Licensing regulations. Applicants: Alabama Power Process. b. Project No.: 15000–001. n. A copy of the PAD is available for Company. review at the Commission in the Public Description: Tariff Cancellation: c. Date filed: June 27, 2019. d. Submitted by: Erie Boulevard Reference Room or may be viewed on Georgia SNF Development 1 LGIA the Commission’s website (http:// Termination Filing to be effective 8/12/ Hydropower, L.P. (Erie Boulevard). e. Name of Project: Franklin Falls www.ferc.gov), using the eLibrary link. 2019. Enter the docket number, excluding the Filed Date: 8/12/19. Hydroelectric Project (currently, one of last three digits in the docket number Accession Number: 20190812–5160. two developments under the Saranac field to access the document. For Comments Due: 5 p.m. ET 9/3/19. Hydroelectric Project). f. Location: Located on the Saranac assistance, contact FERC Online Take notice that the Commission River in the towns of Franklin, Black Support at FERCONlineSupport@ received the following electric securities Brook, and St. Armand, in Franklin, ferc.gov, (866) 208–3676 (toll free), or filings: Clinton, and Essex Counties, New York. (202) 502–8659 (TTY). A copy is also Docket Numbers: ES19–48–000. The project does not occupy any federal available for inspection and Applicants: Tri-State Generation and lands. reproduction at the address in Transmission. g. Filed Pursuant to: 18 CFR 5.3 of the paragraph h. Description: Application under Commission’s regulations. o. The licensee states its unequivocal Section 204 of the Federal Power Act for h. Potential Applicant Contact: Mr. Authorization to Issue Securities of Tri- Thomas Uncher, Erie Boulevard intent to submit an application for a State Generation and Transmission Hydropower L.P., Vice President of new license for Project No. 15000. Association, Inc. Operations, Brookfield Renewable, 399 Pursuant to 18 CFR 16.8, 16.9, and 16.10 Filed Date: 8/9/19. Big Bay Road, Queensbury, NY, 12804 each application for a new license and Accession Number: 20190809–5162. (518) 743–2018. any competing license applications Comments Due: 5 p.m. ET 8/30/19. i. FERC Contact: John Stokely, Phone: must be filed with the Commission at The filings are accessible in the (202) 502–8534, Email: john.stokely@ least 24 months prior to the expiration Commission’s eLibrary system by ferc.gov. of the existing license. All applications clicking on the links or querying the j. Erie Boulevard filed its request to for license for this project must be filed docket number. use the Traditional Licensing Process on by June 30, 2022. Any person desiring to intervene or June 27, 2019. Erie Boulevard provided p. Register online at http:// protest in any of the above proceedings public notice of its request on June 27, www.ferc.gov/docs-filing/ must file in accordance with Rules 211 2019. In a letter dated August 13, 2019, esubscription.asp to be notified via and 214 of the Commission’s the Director of the Division of email of new filing and issuances Regulations (18 CFR 385.211 and Hydropower Licensing approved Erie related to this or other pending projects. 385.214) on or before 5:00 p.m. Eastern Boulevard’s request to use the For assistance, contact FERC Online time on the specified comment date. Traditional Licensing Process. Support. Protests may be considered, but k. With this notice, we are initiating intervention is necessary to become a informal consultation with the U.S. Fish Dated: August 13, 2019. party to the proceeding. and Wildlife Service and/or NOAA Kimberly D. Bose, eFiling is encouraged. More detailed Fisheries under section 7 of the Secretary. information relating to filing Endangered Species Act and the joint [FR Doc. 2019–17733 Filed 8–16–19; 8:45 am] requirements, interventions, protests, agency regulations thereunder at 50 service, and qualifying facilities filings CFR, Part 402; and NOAA Fisheries BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Dated: August 13, 2019. • Mail: Document Control Office Kimberly D. Bose, (7407M), Office of Pollution Prevention Federal Energy Regulatory Secretary. and Toxics (OPPT), Environmental Commission [FR Doc. 2019–17722 Filed 8–16–19; 8:45 am] Protection Agency, 1200 Pennsylvania BILLING CODE 6717–01–P Ave. NW, Washington, DC 20460–0001. [Docket No. OR19–31–000] • Hand Delivery: To make special arrangements for hand delivery or Saddlehorn Pipeline Company, LLC; ENVIRONMENTAL PROTECTION delivery of boxed information, please Saddlehorn Pipeline Company, LLC; AGENCY follow the instructions at http:// Notice of Petition for Declaratory Order www.epa.gov/dockets/contacts.html. [EPA–HQ–OPPT–2018–0436; FRL–9998–25] Additional instructions on Take notice that on August 7, 2019, commenting or visiting the docket, pursuant to Rule 207(a)(2) of the Federal Di-isononyl Phthalate (DINP); along with more information about Energy Regulatory Commission’s Manufacturer Request for Risk dockets generally, is available at http:// (Commission) Rules of Practice and Evaluation Under the Toxic www.epa.gov/dockets. Procedure, 18 CFR 385.207(a)(2) (2018), Substances Control Act (TSCA); Notice FOR FURTHER INFORMATION CONTACT: Saddlehorn Pipeline Company, LLC of Availability and Request for Darlene Leonard, National Program (‘‘Saddlehorn’’), filed a declaratory Comments Chemicals Division, Office of Pollution order petition seeking approval of a AGENCY: Environmental Protection Prevention and Toxics, Environmental proposed tariff and overall rate structure Agency (EPA). Protection Agency, Mail Code 7404T, and terms of service for a proposed ACTION: Notice. 1200 Pennsylvania Ave. NW, expansion of the existing Saddlehorn Washington, DC 20460–0001; telephone pipeline and the addition of a new SUMMARY: EPA is announcing the number: (202) 566–0516; email address: origin in Ft. Laramie, Wyoming for availability of and soliciting public [email protected]. service to Cushing, Oklahoma, all as comment on a manufacturer request for SUPPLEMENTARY INFORMATION: more fully explained in the petition. a risk evaluation of di-isononyl Any person desiring to intervene or to phthalate (DINP) under the Toxic I. General Information protest this filing must file in Substances Control Act (TSCA). The A. Does this apply to me? accordance with Rules 211 and 214 of request was made by Evonik This notice is directed to the public the Commission’s Rules of Practice and Corporation, ExxonMobil Chemical in general, and may be of interest to Procedure (18 CFR 385.211, 385.214). Company and Teknor Apex, through the persons who currently or may Protests will be considered by the American Chemistry Council’s High manufacture (including import), Commission in determining the Phthalates Council. EPA conducts risk process, distribute, use, and/or dispose appropriate action to be taken, but will evaluations to determine whether a of DINP. Since other entities may also not serve to make protestants parties to chemical substance presents an be interested in these risk evaluations, the proceeding. Any person wishing to unreasonable risk of injury to health or the EPA has not attempted to describe become a party must file a notice of the environment without consideration all the specific entities that may be intervention or motion to intervene, as of costs or other non-risk factors, affected by this action. appropriate. Such notices, motions, or including an unreasonable risk to protests must be filed on or before the potentially exposed or susceptible B. What is EPA’s authority for taking comment date. Anyone filing a motion subpopulations, under the conditions of this action? to intervene or protest must serve a copy use. In the docket associated with this TSCA section 6(b) requires that EPA of that document on the Petitioner. request is the manufacturer request for conduct risk evaluations on existing The Commission encourages an EPA conducted risk evaluation and chemicals and identifies the minimum electronic submission of protests and possible additional conditions of use components EPA must include in all interventions in lieu of paper using the EPA has identified for inclusion within chemical substance risk evaluations. 15 eFiling link at http://www.ferc.gov. the scope of a risk evaluation of DINP. U.S.C. 2605(b). The risk evaluation must Persons unable to file electronically After considering comments received in not consider costs or other non-risk should submit an original and 5 copies response to this solicitation, EPA will factors. 15 U.S.C. 2605(b)(4)(F)(iii). The of the protest or intervention to the make a decision whether to grant or specific risk evaluation process is set Federal Energy Regulatory Commission, deny the manufacturer request. All out in 40 CFR part 702 and summarized 888 First Street NE, Washington, DC TSCA risk evaluations, whether EPA- on EPA’s website at https:// 20426. initiated or manufacturer-requested, www.epa.gov/assessing-and-managing- This filing is accessible on-line at will be conducted in the same manner. chemicals-under-tsca/risk-evaluations- http://www.ferc.gov, using the eLibrary DATES: Comments must be received on existing-chemicals-under-tsca. link and is available for review in the or before October 3, 2019. TSCA section 6(b) also allows Commission’s Public Reference Room in ADDRESSES: Submit your comments, manufacturers of a chemical to request Washington, DC. There is an identified by docket identification (ID) an EPA-conducted risk evaluation on eSubscription link on the website that number EPA–HQ–OPPT–2018–0436, by the chemical. TSCA required EPA to enables subscribers to receive email one of the following methods: develop the form and manner under notification when a document is added • Federal eRulemaking Portal: http:// which these requests must be made, and to a subscribed docket(s). For assistance www.regulations.gov. Follow the online the criteria for which EPA will with any FERC Online service, please instructions for submitting comments. determine whether to grant a request. email [email protected], or Do not submit electronically any These requirements and criteria are set call (866) 208–3676 (toll free). For TTY, information you consider to be out in 40 CFR 702.37. call (202) 502–8659. Confidential Business Information (CBI) Under 40 CFR 702.37(e)(3), EPA is Comment Date: 5:00 p.m. Eastern time or other information whose disclosure is required to assess whether the on September 6, 2019. restricted by statute. circumstances identified in a

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manufacturer request for a risk this request are the manufacturer second commercial product, which the evaluation constitute conditions of use request and possible additional manufacturer refers to as DINP–2 or (as defined under TSCA section (3)(4) conditions of use EPA identified for DINP–3, can be represented by the and implementing regulations (40 CFR inclusion in a risk evaluation of DINP. substance with CASRN 28553–12–0. 702.33)), and whether those conditions This notice satisfies 40 CFR of use warrant inclusion within the 702.37(e)(4). B. What are the conditions of use? scope of a risk evaluation for the C. What should I consider as I prepare The manufacturer request for a risk chemical substance. EPA will also my comments for EPA? evaluation of DINP identifying assess what, if any, additional conditions of use warrant inclusion 1. Submitting CBI. Do not submit this conditions of use of interest to the within the scope of a risk evaluation for information to EPA through manufacturer is included in docket the chemical substance. EPA will regulations.gov or email. Clearly mark EPA–HQ–OPPT–2018–0436. Subject to conduct these assessments based on the the part or all of the information that further analysis and public comment, same considerations applied in the same you claim to be CBI. For CBI EPA anticipates including activities manner as it would for a risk evaluation information in a disk or CD–ROM that identified in the request as conditions of in the EPA-initiated risk evaluation you mail to EPA, mark the outside of the use in the risk evaluation of DINP. process. disk or CD–ROM as CBI and then EPA has identified additional No later than 60 business days after identify electronically within the disk or conditions of use pursuant to 40 CFR CD–ROM the specific information that receiving a manufacturer request for risk 702.37(e)(3), which are also included in is claimed CBI. In addition to one evaluation that EPA has determined to docket EPA–HQ–OPPT–2018–0436. be facially complete (meeting the complete version of the comment that criteria set forth in 40 CFR 702.37(e)(1)), includes information claimed as CBI, a III. Request for Comment EPA is required to submit for copy of the comment that does not publication the receipt of the request in contain the information claimed as CBI The docket associated with this the Federal Register, open a public must be submitted for inclusion in the request contains the manufacturer docket for the request (which must public docket. Information so marked request (excluding information claimed contain the manufacturer request and will not be disclosed except in as CBI) and EPA’s possible additional EPA’s possible additional conditions of accordance with procedures set forth in conditions of use as described 40 CFR use), and provide no less than 45 40 CFR part 2. 702.37(e)(3), and the basis for these calendar days for public comment. This 2. Tips for preparing your comments. possible additions. During the comment notice identifies the docket containing When preparing and submitting your period, the public may submit the manufacturer request, EPA’s comments, see the commenting tips at comments and information relevant to possible additional conditions of use, http://www.epa.gov/dockets/ the requested risk evaluation; in and the basis for including those comments.html. particular, commenters are encouraged possible additional conditions of use. II. Summary of This Manufacturer to identify any information not included During the public comment period, the Request in the request that the commenters public may submit comments and believe would be needed to conduct a information relevant to the requested On May 24, 2019, EPA received a manufacturer request for a TSCA risk risk evaluation, and to provide any risk evaluation, as well as the additional other information relevant to EPA’s possible conditions of use EPA is evaluation of DINP that was made by Evonik Corporation, ExxonMobil possible additional conditions of use, including in the docket. such as information on other conditions After the comment period closes, the Chemical Company and Teknor Apex, Agency has up to 60 days to either grant through the American Chemistry of use of the chemical than those or deny the request to conduct a risk Council’s High Phthalates Council. After included in the request or in EPA’s evaluation under 40 CFR 702.37(e)(6). determining the request was facially additional conditions of use. 40 CFR EPA will review the request along with complete (i.e., EPA determined that the 702.37(e)(4). In addition, at any time any additional information received request appeared to be consistent with prior to the end of the comment period, during the comment period, and grant the requirements in 40 CFR 702.37(b) the requesting manufacturer(s) may the request if it determines the request through (d), such as including all the supplement the original request with meets all of the following requirements necessary information in those any new information it receives. 40 CFR listed under 40 CFR 702.37(e)(6)(ii): paragraphs), EPA notified the public of 702.37(e)(5). • the receipt of the request on June 13, The circumstances identified in the Authority: 15 U.S.C. 2601 et seq. request constitute conditions of use that 2019 via a listserv announcement to warrant inclusion in a risk evaluation stakeholders. Dated: August 13, 2019. for the chemical substance; Andrew R. Wheeler, • A. What is di-isononyl phthalate EPA has all the information needed (DINP)? Administrator. to conduct such risk evaluation on the [FR Doc. 2019–17788 Filed 8–16–19; 8:45 am] conditions of use that were the subject DINP is a phthalate used as a BILLING CODE 6560–50–P of the request; and plasticizer and paint additive in • All other criteria and requirements consumer and commercial products, as of 40 CFR 702.37 have been met. well as numerous manufacturing applications. There are two commercial C. What action is EPA taking? products the manufacturer submitted for EPA is announcing the availability of risk evaluation under the name DINP. and soliciting public comment on a The first commercial product, which the manufacturer request for a risk manufacturer refers to as DINP–1, can evaluation of DINP under TSCA that is be represented by the substance with described in detail in Unit II. Also Chemical Abstracts Service Registry available in the docket associated with Number (CASRN) 68515–48–0. The

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ENVIRONMENTAL PROTECTION follow the instructions at http:// assess what, if any, additional AGENCY www.epa.gov/dockets/contacts.html. conditions of use warrant inclusion Additional instructions on within the scope of a risk evaluation for [EPA–HQ–OPPT–2018–0435; FRL–9998–26] commenting or visiting the docket, the chemical substance. EPA will Di-isodecyl Phthalate (DIDP); along with more information about conduct these assessments based on the Manufacturer Request for Risk dockets generally, is available at http:// same considerations applied in the same Evaluation Under the Toxic www.epa.gov/dockets. manner as it would for a risk evaluation Substances Control Act (TSCA); Notice FOR FURTHER INFORMATION CONTACT: Eva in the EPA-initiated risk evaluation of Availability and Request for Cappuccilli, National Program process. Comments Chemicals Division, Office of Pollution No later than 60 business days after Prevention and Toxics, Environmental receiving a manufacturer request for risk AGENCY: Environmental Protection Protection Agency, Mail Code 7404T, evaluation that EPA has determined to Agency (EPA). 1200 Pennsylvania Ave. NW, be facially complete (meeting the ACTION: Notice. Washington, DC 20460–0001; telephone criteria set forth in 40 CFR 702.37(e)(1)), number: (202) 564–4688; email address: EPA is required to submit for SUMMARY: EPA is announcing the [email protected]. publication the receipt of the request in availability of and soliciting public SUPPLEMENTARY INFORMATION: the Federal Register, open a public comment on a manufacturer request for docket for the request (which must I. General Information a risk evaluation of di-isodecyl contain the manufacturer request and phthalate (DIDP) under the Toxic A. Does this apply to me? EPA’s possible additional conditions of Substances Control Act (TSCA). The use), and provide no less than 45 request was made by ExxonMobil This notice is directed to the public in general, and may be of interest to calendar days for public comment. This Chemical Company through the notice identifies the docket containing American Chemistry Council’s High persons who currently or may manufacture (including import), the manufacturer request, EPA’s Phthalates Council. EPA conducts risk possible additional conditions of use, evaluations to determine whether a process, distribute, use, and/or dispose of DIDP. Since other entities may also be and the basis for including those chemical substance presents an possible additional conditions of use. unreasonable risk of injury to health or interested in these risk evaluations, the EPA has not attempted to describe all During the public comment period, the the environment without consideration public may submit comments and of costs or other non-risk factors, the specific entities that may be affected by this action. information relevant to the requested including an unreasonable risk to risk evaluation, as well as the additional potentially exposed or susceptible B. What is EPA’s authority for taking possible conditions of use EPA is subpopulations, under the conditions of this action? including in the docket. use. In the docket associated with this TSCA section 6(b) requires that EPA request is the manufacturer request for After the comment period closes, the conduct risk evaluations on existing an EPA conducted risk evaluation and Agency has up to 60 days to either grant chemicals and identifies the minimum possible additional conditions of use or deny the request to conduct a risk components EPA must include in all EPA has identified for inclusion within evaluation under 40 CFR 702.37(e)(6). chemical substance risk evaluations. 15 the scope of a risk evaluation of DIDP. EPA will review the request along with U.S.C. 2605(b). The risk evaluation must After considering comments received in any additional information received not consider costs or other non-risk response to this solicitation, EPA will during the comment period, and grant factors. 15 U.S.C. 2605(b)(4)(F)(iii). The make a decision whether to grant or the request if it determines the request specific risk evaluation process is set deny the manufacturer request. All meets all of the following requirements out in 40 CFR part 702 and summarized TSCA risk evaluations, whether EPA- listed under 40 CFR 702.37(e)(6)(ii): on EPA’s website at https:// initiated or manufacturer-requested, • The circumstances identified in the www.epa.gov/assessing-and-managing- will be conducted in the same manner. request constitute conditions of use that chemicals-under-tsca/risk-evaluations- warrant inclusion in a risk evaluation DATES: Comments must be received on existing-chemicals-under-tsca. or before October 3, 2019. for the chemical substance; TSCA section 6(b) also allows • ADDRESSES: Submit your comments, manufacturers of a chemical to request EPA has all the information needed identified by docket identification (ID) an EPA-conducted risk evaluation on to conduct such risk evaluation on the number EPA–HQ–OPPT–2018–0435, by the chemical. TSCA required EPA to conditions of use that were the subject one of the following methods: develop the form and manner under of the request; and • Federal eRulemaking Portal: http:// which these requests must be made, and • All other criteria and requirements www.regulations.gov. Follow the online the criteria for which EPA will of 40 CFR 702.37 have been met. instructions for submitting comments. determine whether to grant a request. C. What action is EPA taking? Do not submit electronically any These requirements and criteria are set information you consider to be out in 40 CFR 702.37. EPA is announcing the availability of Confidential Business Information (CBI) Under 40 CFR 702.37(e)(3), EPA is and soliciting public comment on a or other information whose disclosure is required to assess whether the manufacturer request for a risk restricted by statute. circumstances identified in a evaluation of DIDP under TSCA that is • Mail: Document Control Office manufacturer request for a risk described in detail in Unit II. Also (7407M), Office of Pollution Prevention evaluation constitute conditions of use available in the docket associated with and Toxics (OPPT), Environmental (as defined under TSCA section (3)(4) this request are the manufacturer Protection Agency, 1200 Pennsylvania and implementing regulations (40 CFR request and possible additional Ave. NW, Washington, DC 20460–0001. 702.33)), and whether those conditions conditions of use EPA identified for • Hand Delivery: To make special of use warrant inclusion within the inclusion in a risk evaluation of DIDP. arrangements for hand delivery or scope of a risk evaluation for the This notice satisfies 40 CFR delivery of boxed information, please chemical substance. EPA will also 702.37(e)(4).

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C. What should I consider as I prepare further analysis and public comment, ADDRESSES: Federal Communications my comments for EPA? EPA anticipates including activities Commission, 445 12th Street SW, 1. Submitting CBI. Do not submit this identified in the request as conditions of Washington, DC 20554. information to EPA through use in the risk evaluation of DIDP. FOR FURTHER INFORMATION CONTACT: regulations.gov or email. Clearly mark EPA has identified additional Michael Ha, Deputy Chief, Policy and the part or all of the information that conditions of use pursuant to 40 CFR Rules Division, 202–418–2099; you claim to be CBI. For CBI 702.37(e)(3), which are also included in [email protected]. information in a disk or CD–ROM that docket EPA–HQ–OPPT–2018–0435. SUPPLEMENTARY INFORMATION: At the you mail to EPA, mark the outside of the III. Request for Comment September 18th meeting, the FCC disk or CD–ROM as CBI and then Technological Advisory Council will identify electronically within the disk or The docket associated with this discuss progress on work initiatives CD–ROM the specific information that request contains the manufacturer from the previous meeting. The FCC is claimed CBI. In addition to one request (excluding information claimed will attempt to accommodate as many complete version of the comment that as CBI) and EPA’s possible additional people as possible. However, includes information claimed as CBI, a conditions of use as described 40 CFR admittance will be limited to seating copy of the comment that does not 702.37(e)(3), and the basis for these availability. Meetings are also broadcast contain the information claimed as CBI possible additions. During the comment live with open captioning over the must be submitted for inclusion in the period, the public may submit internet from the FCC Live web page at public docket. Information so marked comments and information relevant to http://www.fcc.gov/live/. The public will not be disclosed except in the requested risk evaluation; in may submit written comments before accordance with procedures set forth in particular, commenters are encouraged the meeting to: Michael Ha, the FCC’s 40 CFR part 2. to identify any information not included Designated Federal Officer for 2. Tips for preparing your comments. in the request that the commenters Technological Advisory Council by When preparing and submitting your believe would be needed to conduct a email: [email protected] or U.S. Postal comments, see the commenting tips at risk evaluation, and to provide any Service Mail (Michael Ha, Federal http://www.epa.gov/dockets/ other information relevant to EPA’s Communications Commission, Room 2– comments.html. possible additional conditions of use, A665, 445 12th Street SW, Washington, such as information on other conditions DC 20554). Open captioning will be II. Summary of This Manufacturer of use of the chemical than those Request provided for this event. Other included in the request or in EPA’s reasonable accommodations for people On May 24, 2019, EPA received a additional conditions of use. 40 CFR with disabilities are available upon manufacturer request for a TSCA risk 702.37(e)(4). In addition, at any time request. Requests for such evaluation of DIDP that was made by prior to the end of the comment period, accommodations should be submitted ExxonMobil Chemical Company the requesting manufacturer(s) may via email to [email protected] or by calling through the American Chemistry supplement the original request with the Office of Engineering and Council’s High Phthalates Council. After any new information it receives. 40 CFR Technology at 202–418–2470 (voice), determining the request was facially 702.37(e)(5). (202) 418–1944 (fax). Such requests complete (i.e., EPA determined that the Authority: 15 U.S.C. 2601 et seq. should include a detailed description of request appeared to be consistent with the accommodation needed. In addition, the requirements in 40 CFR 702.37(b) Dated: August 13, 2019. through (d), such as including all the Andrew R. Wheeler, please include your contact information. Please allow at least five days advance necessary information in those Administrator. paragraphs), EPA notified the public of notice; last minute requests will be [FR Doc. 2019–17790 Filed 8–16–19; 8:45 am] accepted, but may not be possible to fill. the receipt of the request on June 13, BILLING CODE 6560–50–P 2019 via a listserv announcement to Federal Communications Commission. stakeholders. Marlene Dortch, A. What is di-isononyl phthalate Secretary. FEDERAL COMMUNICATIONS (DIDP)? [FR Doc. 2019–17784 Filed 8–16–19; 8:45 am] COMMISSION DIDP is a phthalate used as a BILLING CODE 6712–01–P plasticizer to impart flexibility to Federal Advisory Committee Act; polyvinyl chloride (PVC) in consumer, Technological Advisory Council commercial and industrial adhesives, FEDERAL DEPOSIT INSURANCE sealants, lubricants, greases, and paints AGENCY: Federal Communications CORPORATION Commission. and coatings. There are two commercial Sunshine Act Meeting products that the manufacturer ACTION: Notice of public meeting. submitted for risk evaluation under the Pursuant to the provisions of the name DIDP. The commercial products SUMMARY: In accordance with the ‘‘Government in the Sunshine Act’’ (5 for DIDP can be represented by the Federal Advisory Committee Act, this U.S.C. 552b), notice is hereby given that Chemical Abstracts Service Registry notice advises interested persons that the Federal Deposit Insurance Numbers (CASRNs) 68515–49–1 and the Federal Communications Corporation’s Board of Directors will 26761–40–0. Commission’s (FCC) Technological meet in open session at 10:00 a.m. on Advisory Council will hold a meeting Tuesday, August 20, 2019, to consider B. What are the conditions of use? on Wednesday, September 18, 2019 in the following matters: The manufacturer request for a risk the Commission Meeting Room, from evaluation of DIDP identifying 10:00 a.m. to 3 p.m. at the Federal Summary Agenda conditions of use of interest to the Communications Commission, 445 12th No substantive discussion of the manufacturer is included in docket Street SW, Washington, DC 20554. following items is anticipated. These EPA–HQ–OPPT–2018–0435. Subject to DATES: Wednesday, September 18, 2019. matters will be resolved with a single

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vote unless a member of the Board of Federal Deposit Insurance Corporation. Financial Institutions Reform, Recovery, Directors requests that an item be Robert E. Feldman, and Enforcement Act of 1989, as moved to the discussion agenda. Executive Secretary. amended, notice is hereby given that the Disposition of Minutes of a Board of [FR Doc. 2019–17955 Filed 8–15–19; 4:15 pm] Appraisal Subcommittee (ASC) will Directors’ Meeting Previously BILLING CODE 6714–01–P meet in open session for its regular Distributed. meeting: Memorandum and resolution re: Final Location: Partnership for Public Rule to Increase the Appraisal FEDERAL ELECTION COMMISSION Service, 1100 New York Avenue NW, Threshold for Residential Real Estate Suite 200 East, Washington, DC 20005. Transactions, Implement the Rural Sunshine Act Meeting Date: August 28, 2019. Residential Appraisal Exemption, and Time: 10:00 a.m. Require Appropriate Appraisal Review. TIME AND DATE: Thursday, August 22, Status: Open. Memorandum and resolution re: Final 2019 at 10:00 a.m. Reports Rule to Increase the Major Assets PLACE: 1050 First Street NE, Threshold Under the Depository Washington, DC (12th Floor). Chairman Institutions Management Interlocks Act. Executive Director STATUS: Memorandum and resolution re: This meeting will be open to the Delegated State Compliance Reviews Notice of Proposed Rulemaking: public. ASC Grants Program Removal of Transferred OTS Regulation MATTERS TO BE CONSIDERED: Financial Manager at Part 390, Subpart M—Deposits. Internet Ad Disclaimers Rulemaking Notation Vote Memorandum and resolution re: Proposal for REG 2011–02 (Internet Action and Discussion Items Notice of Proposed Rulemaking Communication Disclaimers and Regarding the Use of Certain Definition of ‘‘Public Approval of Minutes Assessment Credits. Communication’’) May 8, 2019 Open Session Memorandum and resolution re: Draft Advisory Opinion 2019–14: July 9, 2019 Special Meeting Proposed Interagency Policy Statement Arizona Libertarian Party FY20 ASC Budget Proposal on Allowances for Credit Losses. Draft Advisory Opinion 2019–10: Price How To Attend and Observe an ASC Report of actions taken pursuant to for Congress Meeting authority delegated by the Board of REG 2019–02 (Amend 11 CFR Directors. 104.5(c))—Notification of Availability If you plan to attend the ASC Meeting Notice of Availability for REG 2019–03 in person, we ask that you send an Discussion Agenda (Mailing List Exchange) email to [email protected]. You may Memorandum and resolution re: Final Management and Administrative register until close of business August Rule: Revisions to Prohibitions and Matters 26, 2019. The meeting space is intended to accommodate public attendees. Restrictions on Proprietary Trading and CONTACT PERSON FOR MORE INFORMATION: However, if the space will not Certain Interests in, and Relationships Judith Ingram, Press Officer, Telephone: accommodate all requests, the ASC may with, Hedge Funds and Private Equity (202) 694–1220. Funds. Individuals who plan to attend and refuse attendance on that reasonable Memorandum and resolution re: require special assistance, such as sign basis. The use of any video or audio Notice of Proposed Rulemaking on language interpretation or other tape recording device, photographing Interest Rate Restrictions Applicable to reasonable accommodations, should device, or any other electronic or Less than Well Capitalized Banks. contact Laura E. Sinram, Acting mechanical device designed for similar The meeting will be held in the Board Secretary and Clerk, at (202) 694–1040, purposes is prohibited at ASC Meetings. Room located on the sixth floor of the at least 72 hours prior to the meeting Dated: August 14, 2019. FDIC Building located at 550 17th Street date. James R. Park, NW, Washington, DC. Executive Director. This Board meeting will be Webcast Authority: Government in the Sunshine live via the internet and subsequently Act, 5 U.S.C. 552b. [FR Doc. 2019–17719 Filed 8–16–19; 8:45 am] BILLING CODE 6700–01–P made available on-demand Laura E. Sinram, approximately one week after the event. Acting Secretary and Clerk of the Visit http://fdic.windrosemedia.com to Commission. FEDERAL RESERVE SYSTEM view the event. If you need any [FR Doc. 2019–17952 Filed 8–15–19; 4:15 pm] technical assistance, please visit our BILLING CODE 6715–01–P Change in Bank Control Notices; Video Help page at: https:// Acquisitions of Shares of a Bank or www.fdic.gov/video.html. Bank Holding Company The FDIC will provide attendees with FEDERAL FINANCIAL INSTITUTIONS auxiliary aids (e.g., sign language EXAMINATION COUNCIL The notificants listed below have interpretation) required for this meeting. applied under the Change in Bank Those attendees needing such assistance [Docket No. AS19–07] Control Act (12 U.S.C. 1817(j)) and should call 703–562–2404 (Voice) or § 225.41 of the Board’s Regulation Y (12 Appraisal Subcommittee Notice of 703–649–4354 (Video Phone) to make CFR 225.41) to acquire shares of a bank Meeting necessary arrangements. or bank holding company. The factors Requests for further information AGENCY: Appraisal Subcommittee of the that are considered in acting on the concerning the meeting may be directed Federal Financial Institutions notices are set forth in paragraph 7 of to Mr. Robert E. Feldman, Executive Examination Council. the Act (12 U.S.C. 1817(j)(7)). Secretary of the Corporation, at 202– ACTION: Notice of meeting. The notices are available for 898–7043. immediate inspection at the Federal Dated at Washington, DC, on August 13, Description: In accordance with Reserve Bank indicated. The notices 2019. Section 1104(b) of Title XI of the also will be available for inspection at

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the offices of the Board of Governors. ACTION: Notice of request for public SUPPLEMENTARY INFORMATION: Interested persons may express their comments regarding a new OMB A. Purpose views in writing to the Reserve Bank information clearance. indicated for that notice or to the offices The Paperwork Reduction Act (44 of the Board of Governors. Comments SUMMARY: Under the provisions of the U.S.C. chapter 35) applies because the must be received not later than Paperwork Reduction Act, the final rule contains two (2) clauses with September 3, 2019. Regulatory Secretariat Division will be information collection requirements. A. Federal Reserve Bank of submitting to the Office of Management Accordingly, the Regulatory Secretariat Minneapolis (Chris Wangen, Assistant and Budget (OMB) a request to review has submitted a request for approval of Vice President) 90 Hennepin Avenue, and approve a new information a new information collection Minneapolis, Minnesota 55480–0291: collection requirement regarding OMB requirement concerning this rule to the 1. Jacob Reiter, Cold Spring, Control No. 3090–XXXX, Adoption of Office of Management and Budget under Minnesota; to join the Reiter Family Construction Project Delivery Method 44 U.S.C. 3501, et seq. shareholder group acting in concert to Involving Early Industry Engagement— The information collected is used by acquire voting shares of First Construction Manager as Constructor PBS to evaluate contractor’s proposals Bancshares Inc. of Cold Spring, Cold (CMc). and negotiate contract modifications during contract administration. Spring, Minnesota and thereby DATES: Submit comments on or before: indirectly acquire voting shares of September 18, 2019. B. Annual Reporting Burden Granite Community Bank, Cold Spring, ADDRESSES: Submit comments regarding Total public reporting burden for this Minnesota. this burden estimate or any other aspect collection of information is estimated to 2. Joseph Naiberg, Andover, of this collection of information, average 400 total hours ($31,020) Minnesota, and Kenneth Osowski, Lino including suggestions for reducing this annually, including the time for Lakes, Minnesota; as trustees of the burden to: Office of Information and reviewing instructions, searching Dennis Frandsen 2014 Children’s Trust Regulatory Affairs of OMB, Attention: existing data sources, gathering and Agreement and the Dennis Frandsen Desk Officer for GSA, Room 10236, maintaining the data needed, and 2015 Grandchildren’s Trust Agreement; NEOB, Washington, DC 20503. completing and reviewing the collection to acquire voting shares of Frandsen Additionally submit a copy to GSA by of information. The estimated burden Financial Corporation, Arden Hills, any of the following methods: hours to the public for the below clauses Minnesota, and thereby indirectly • Regulations.gov: Submit comments are as follows: acquire voting shares of Frandsen Bank via the Federal eRulemaking portal by The new clause at GSAR 552.236–79, and Trust, Lonsdale, Minnesota. searching the OMB control number. Construction-Contractor-as-Constructor, B. Federal Reserve Bank of Kansas Select the link ‘‘Submit a Comment’’ requires the contractor to submit City (Dennis Denney, Assistant Vice that corresponds with ‘‘Information proposals to establish the final President), 1 Memorial Drive, Kansas Collection 3090–XXXX, Construction estimated cost of the work, to convert City, Missouri 64198–0001: Manager as Constructor.’’ Follow the the contract to a firm-fixed-price, and to 1. John D. Gross, Pine Bluffs, instructions provided at the ‘‘Submit a determine the final settlement. Wyoming; to acquire voting shares of Comment’’ screen. Please include your Respondents: 5. Commercial Bancorp, and thereby name, company name (if any), and Responses per Respondent: 1. indirectly acquire shares of Farmers ‘‘Information Collection 3090–XXXX, Total Annual Responses: 10. State Bank, both in Pine Bluffs, Construction Manager as Constructor’’ Hours per Response: 40. Wyoming. on your attached document. Total Response Burden Hours: 400. In addition, Gregory A. Gross, Patrick • Mail: General Services Cost per Hour: $77.55. Estimated Cost Burden to the Public: W. Gross, Scott Gross, and Clayton, Administration, Regulatory Secretariat Gross, all of Pine Bluffs, Wyoming; and $31,020. Division (MVCB), 1800 F Street NW, The new clause at GSAR 552.236–80, Paula L. Gross, Cheyenne, Wyoming, to Washington, DC 20405. ATTN: Ms. be approved as members of the Gross Accounting Records, contains a Mandell/IC 3090–0303, Administrative recordkeeping requirement that is Family Group, and to acquire shares of Changes. Commercial Bancorp. subject to the Paperwork Reduction Act Instructions: Please submit comments (44 U.S.C. 3501, et seq.). The clause Board of Governors of the Federal Reserve only and cite Information Collection requires the contractor to keep all System, August 13, 2019. 3090–XXXX, Construction Manager as relevant documents for a period of three Yao-Chin Chao, Constructor, in all correspondence years after the final payment. However, Assistant Secretary of the Board. related to this collection. Comments the clause does not add burden to what [FR Doc. 2019–17678 Filed 8–16–19; 8:45 am] received generally will be posted is already estimated for the existing FAR without change to http:// BILLING CODE P clause at 52.215–2, Audit and Records www.regulations.gov, including any by a previous information collection personal and/or business confidential (see OMB Control Number 9000–0034). GENERAL SERVICES information provided. To confirm C. Public Comments ADMINISTRATION receipt of your comment(s), please check www.regulations.gov, A request for public comments [OMB Control No. 3090–XXXX; Docket No. approximately two to three days after published in the Federal Register at 83 2019–0001; Sequence No. 14] submission to verify posting (except FR 55838 on November 8, 2018 as part allow 30 days for posting of comments of a proposed rule under GSAR case Submission for OMB Review; General submitted by mail). Services Administration Acquisition 2015–G506. There were no comments Regulation; Construction Manager as FOR FURTHER INFORMATION CONTACT: Ms. received on the information collection, Constructor (CMc) Christina Mullins, Procurement Analyst, therefore there were no changes to the General Services Acquisition Policy calculated burden estimates. AGENCY: Office of Acquisition Policy, Division, GSA, at christina.mullins@ Public comments are particularly General Services Administration (GSA). gsa.gov. invited on: Whether this collection of

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information is necessary and whether it patients or consumers of health odniosh.adobeconnect.com/ will have practical utility; whether our information technology. Nominations wtchpstac19-1/. estimate of the public burden of this should be sent to the email or mailing DATES: The meeting will be held on collection of information is accurate and address listed below. Acknowledgement September 18, 2019, 10:30 a.m. to 4:00 based on valid assumptions and of submissions will be provided within p.m., EDT. methodology; and ways to enhance the a week of submission. Public Comment Time and Date: quality, utility, and clarity of the DATES: Letters of nomination and September 18, 2019, 10:45 a.m. to 11:00 information to be collected. resumes should be submitted no later a.m., EDT. Obtaining Copies of Proposals: than September 27, 2019, to ensure Please note that the public comment Requesters may obtain a copy of the adequate opportunity for review and period ends at the time indicated above information collection supporting consideration of nominees prior to or following the last call for comments, statement from the General Services appointment. whichever is earlier. Members of the Administration, Regulatory Secretariat ADDRESSES: Submit letters of public who want to comment must sign Division, 1800 F Street NW, nomination and resumes by email: up by providing their name to Mia Washington, DC 20405. Wallace, Committee Management Please cite OMB Control No. 3090– [email protected]. The address for materials sent by mail is U.S. GAO, Specialist, by phone: (404) 498–2553, XXXX, Construction Manager as email: [email protected], or the Constructor, in all correspondence. Attn: HIT Committee, 441 G Street NW, Washington, DC 20548. addresses provided below by September 4, 2019. Each commenter will be Jeffrey A. Koses, FOR FURTHER INFORMATION CONTACT: Will Senior Procurement Executive, Office of Simerl at (404) 679–1888 or simerlw@ provided up to five minutes for Acquisition Policy, Office of Government- gao.gov if you do not receive an comment. A limited number of time wide Policy. acknowledgment or need additional slots are available and will be assigned [FR Doc. 2019–17699 Filed 8–16–19; 8:45 am] information. For general information, on a first come-first served basis. BILLING CODE 6820–61–P contact GAO’s Office of Public Affairs, Written comments will also be accepted (202) 512–4800. from those unable to attend the public session. Authority: Public Law 114–255, sec. ADDRESSES: Jacob J. Javits Federal GOVERNMENT ACCOUNTABILITY 3002(d) (2016), 42 U.S.C. 300jj–12. OFFICE Building, 26 Federal Plaza, Rooms A/B, Gene L. Dodaro, New York, New York 10278. Request for Health Information Comptroller General of the United States. FOR FURTHER INFORMATION CONTACT: Technology Advisory Committee [FR Doc. 2019–17736 Filed 8–16–19; 8:45 am] Tania Carreo´n-Valencia, Ph.D., (HITAC) Nominations BILLING CODE 1610–02–P Designated Federal Officer, World Trade AGENCY: Government Accountability Center Health Program Associate Office (GAO). Director for Science, 1600 Clifton Rd. NE, MS: R–12, Atlanta, GA 30329–4027; ACTION: Request for letters of DEPARTMENT OF HEALTH AND nomination and resumes. HUMAN SERVICES telephone (513) 841–4515; email: wtc- [email protected]. SUMMARY: The 21st Century Cures Act Centers for Disease Control and SUPPLEMENTARY INFORMATION: established HITAC to provide Prevention Background: The WTCHP STAC was recommendations to the National established by Title I of the James Coordinator for Health Information National Institute for Occupational Zadroga 9/11 Health and Compensation Technology on policies, standards, Safety and Health (NIOSH); World Act of 2010, Public Law 111–347 implementation specifications, and Trade Center Health Program (January 2, 2011), amended by Public certification criteria relating to the Scientific/Technical Advisory Law 114–113 (Dec. 18, 2015), adding implementation of a health information Committee (WTCHP STAC) Title XXXIII to the Public Health technology infrastructure that advances AGENCY: Centers for Disease Control and Service Act (codified at 42 U.S.C. the electronic access, exchange, and use Prevention (CDC), Department of Health 300mm to 300mm–61). of health information. The Act gave the and Human Services (HHS). Purpose: The purpose of the WTCHP Comptroller General of the United ACTION: Notice of meeting. STAC is to review scientific and States responsibility for appointing a medical evidence and to make portion of HITAC’s members. The Act SUMMARY: In accordance with the recommendations to the World Trade requires that members at least reflect Federal Advisory Committee Act, the Center (WTC) Program Administrator providers, ancillary health care workers, CDC National Institute for Occupational regarding additional WTC Health consumers, purchasers, health plans, Safety and Health (NIOSH), announces Program eligibility criteria, potential health information technology the following meeting for the World additions to the list of covered WTC- developers, researchers, patients, Trade Center Health Program Scientific/ related health conditions, and research relevant Federal agencies, and Technical Advisory Committee (WTCHP regarding certain health conditions individuals with technical expertise on STAC). This meeting is open to the related to the September 11, 2001 health care quality, system functions, public, limited only by the number of terrorist attacks. privacy, security, and on the electronic telephone lines. The room will Title XXXIII of the PHS Act exchange and use of health information, accommodate approximately 100 established the WTC Health Program including the use standards for such persons. The public is also welcome to within the Department of Health and activity. GAO is now accepting listen to the meeting by dial-in 1 (800) Human Services (HHS). The WTC nominations for HITAC appointments 988–0212, the passcode 1440561, and Health Program provides medical that will be effective January 1, 2020. will accommodate up to 50 callers. To monitoring and treatment benefits to From these nominations, GAO expects view the web conference, enter the eligible firefighters and related to appoint at least two new HITAC following web address in your web personnel, law enforcement officers, members, including one advocate for browser: https:// and rescue, recovery, and cleanup

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workers who responded to the Program will use for administrative tuberculosis, microbiology, or September 11, 2001, terrorist attacks in purposes. Agenda items are subject to preventive health care delivery. Federal New York City, at the Pentagon, and in change as priorities dictate. employees are ineligible for Shanksville, Pennsylvania (responders), The Director, Strategic Business membership. Members may be invited and to eligible persons who were Initiatives Unit, Office of the Chief to serve for up to four year terms. present in the dust or dust cloud on Operating Officer, Centers for Disease Selection of members is based on September 11, 2001 or who worked, Control and Prevention, has been candidates’ qualifications to contribute resided, or attended school, childcare, delegated the authority to sign Federal to the accomplishment of ACET’s or adult daycare in the New York City Register notices pertaining to objectives. disaster area (survivors). Certain specific announcements of meetings and other DATES: Nominations for ACET activities of the WTC Program committee management activities, for membership must be received no later Administrator are reserved to the both the Centers for Disease Control and than August 31, 2019. Packages received Secretary, HHS, to delegate at his Prevention and the Agency for Toxic after that date will not be considered for discretion; other WTC Program Substances and Disease Registry. the current membership cycle. Administrator duties not explicitly ADDRESSES: All nominations should be reserved to the Secretary, HHS, are Kalwant Smagh, mailed to 1600 Clifton Road NE, assigned to the Director, NIOSH. The Director, Strategic Business Initiatives Unit, Mailstop E07, Atlanta, GA 30329–4027; administration of the WTCHP STAC is Office of the Chief Operating Officer, Centers for Disease Control and Prevention. or emailed (recommended) to zkr7@ left to the Director of NIOSH in his role cdc.gov; or faxed to 404–639–8600. as WTC Program Administrator. CDC [FR Doc. 2019–17690 Filed 8–16–19; 8:45 am] and NIOSH provide funding, staffing, BILLING CODE 4163–18–P FOR FURTHER INFORMATION CONTACT: and administrative support services for Margie Scott-Cseh, Committee Management Specialist, NCHHSTP, the WTCHP STAC. The charter was DEPARTMENT OF HEALTH AND reissued on May 12, 2019, and will CDC, 1600 Clifton Road NE, Mailstop HUMAN SERVICES expire on May 12, 2021. E07, Atlanta, GA 30329–4027; Policy on Redaction of Committee telephone: 404–639–8317; email: zkr7@ Centers for Disease Control and cdc.gov. Meeting Transcripts (Public Comment): Prevention Transcripts will be prepared and posted SUPPLEMENTARY INFORMATION: The U.S. to http://www.regulations.gov within 60 Solicitation of Nominations for Department of Health and Human days after the meeting. If a person Appointment to the Advisory Council Services policy stipulates that making a comment gives his or her for the Elimination of Tuberculosis committee membership be balanced in name, no attempt will be made to redact (ACET) terms of points of view represented, and that name. NIOSH will take reasonable the committee’s function. Appointments steps to ensure that individuals making ACTION: Notice. shall be made without discrimination public comments are aware of the fact on the basis of age, race, ethnicity, that their comments (including their SUMMARY: The Centers for Disease gender, sexual orientation, gender name, if provided) will appear in a Control and Prevention (CDC) is seeking identity, HIV status, disability, and transcript of the meeting posted on a nominations for membership on the cultural, religious, or socioeconomic public website. Such reasonable steps ACET. The ACET consists of 10 experts status. Nominees must be U.S. citizens, include a statement read at the start of in fields associated with public health, and cannot be full-time employees of the meeting stating that transcripts will epidemiology, immunology, infectious the U.S. Government. Current be posted and names of speakers will disease, pulmonary disease, pediatrics, participation on federal workgroups or not be redacted. If, in making a tuberculosis, microbiology, or prior experience serving on a federal statement, individuals reveal personal preventive health care delivery. They advisory committee does not disqualify information (e.g., medical information) are selected by the Secretary of the U.S. a candidate; however, HHS policy is to about themselves, that information will Department of Health and Human avoid excessive individual service on not usually be redacted. The CDC Services (HHS). ACET provides advice advisory committees and multiple Freedom of Information Act coordinator and recommendations regarding committee memberships. Committee will, however, review such revelations eliminating tuberculosis (TB) to the members are Special Government in accordance with the Freedom of Secretary, HHS; the Assistant Secretary Employees (SGEs), requiring the filing Information Act and, if deemed for Health, HHS; and the CDC Director. of financial disclosure reports at the appropriate, will redact such ACET (a) makes recommendations beginning and annually during their information. Disclosures of information regarding TB prevention and control terms. CDC reviews potential candidates concerning third party medical policies, strategies, objectives, and for ACET membership each year, and information will be redacted. priorities; (b) addresses development provides a slate of nominees for Matters To Be Considered: The agenda and application of new technologies; (c) consideration to the Secretary of HHS will include discussions on research provides guidance and review of CDC’s for final selection. HHS notifies selected integration activities that the WTC TB prevention research portfolio and candidates of their appointment near Health Program is undertaking, program priorities; and (d) reviews the the start of the term in July 2020, or as including research evaluation and extent to which progress has been made soon as the HHS selection process is strategic planning; an update on the toward eliminating TB. Nominations are complete. Note that the need for policies and procedures in effect within being sought for individuals who have different expertise varies from year to the WTC Health Program that are used expertise and qualifications necessary to year and a candidate who is not selected to determine whether sufficient contribute to the accomplishments of in one year may be reconsidered in a evidence is available to support adding ACET’s objectives. Nominees will be subsequent year. SGE Nominees must be a non-cancer condition to the List of selected on the basis of their expertise U.S. citizens, and cannot be full-time WTC-Related Health Conditions; and an in public health, epidemiology, employees of the U.S. Government. update on the development of the immunology, infectious diseases, Candidates should submit the following Inventory of 9/11 Agents that the pulmonary disease, pediatrics, items:

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D Current curriculum vitae, including DATES: Comments must be received on state websites, and NIOSH website complete contact information October 18, 2019. The public topic pages. (telephone numbers, mailing address, teleconference meeting will be held on In 2019, NIOSH funded 26 state and email address). Monday, September 16, 2019, 2 p.m. to occupational health surveillance D Cover letter, including a description 4 p.m. EST, or after the last public programs of varying sizes and of the candidate qualifications and why commenter in attendance has spoken, capacities. The portfolio of state based the candidate would be a good fit for whichever occurs first. The public activities includes 49 projects ACET. meeting will be held as a web-based addressing work related morbidity and D At least one letter of teleconference available by remote mortality, exposure reduction, or special recommendation from person(s) not access. populations of interest.2 These states are employed by the U.S. Department of funded through a research cooperative ADDRESSES: You may submit written Health and Human Services. agreement mechanism. The most recent comments, identified by docket (Candidates may submit letter(s) from (2014) announcement can be found at numbers CDC–2019–0068 and NIOSH– current HHS employees if they wish, the following web address: https:// 324, by either of the following two but at least one letter must be submitted grants.nih.gov/grants/guide/pa-files/ methods: PAR-14-275.html. by a person not employed by an HHS • agency (e.g., CDC, NIH, FDA, etc.) [see Federal eRulemaking Portal: http:// For its state-based surveillance and https://www.hhs.gov/about/agencies/ www.regulations.gov Follow the intervention cooperative agreements, hhs-agencies-and-offices/index.html for instructions for submitting comments. NIOSH is considering switching from a • a full list]). Mail: National Institute for research cooperative agreement Nominations may be submitted by the Occupational Safety and Health, NIOSH approach to a non-research cooperative candidate him- or herself, or by a Docket Office, 1090 Tusculum Avenue, agreement approach. CDC generally person/organization recommending the MS C–34, Cincinnati, Ohio 45226–1998. defines public health research as an candidate. Instructions: All information received activity that develops or contributes to The Director, Strategic Business in response to this notice must include generalizable knowledge to improve Initiatives Unit, Office of the Chief the agency name and docket number public health practice; a non-research Operating Officer, Centers for Disease [CDC–2019–0068; NIOSH–324]. All activity is one that is designed to Control and Prevention, has been relevant comments received will be identify and control a health problem or posted without change to http:// improve a public health program or delegated the authority to sign Federal 3 Register notices pertaining to www.regulations.gov, including any service. A non-research mechanism announcements of meetings and other personal information provided. could be a public health practice committee management activities, for cooperative agreement or another FOR FURTHER INFORMATION CONTACT: cooperative agreement type, and may or both the Centers for Disease Control and Kerry Souza, 395 E St SW, Washington, may not be a better fit for the scope of Prevention and the Agency for Toxic DC 20004; phone: 202–245–0639 (not a activities ordinarily conducted by Substances and Disease Registry. toll free number); email: ksouza@ occupational health programs in a Kalwant Smagh, cdc.gov. public health context. Director, Strategic Business Initiatives Unit, SUPPLEMENTARY INFORMATION: Under the research mechanism Office of the Chief Operating Officer, Centers currently used, submissions for funding for Disease Control and Prevention. Request for Information are evaluated on the following criteria: [FR Doc. 2019–17691 Filed 8–16–19; 8:45 am] State health agencies have a critical Significance, investigators, innovation, BILLING CODE 4163–18–P role in the identification and prevention approach, and environment. Under a of occupational illnesses and injuries. non-research approach, proposals NIOSH has supported state agencies would likely be evaluated based upon DEPARTMENT OF HEALTH AND (primarily departments of public health how well the proposal identifies HUMAN SERVICES and, in some cases, departments of important occupational health burdens labor) since the 1970s, through a in the state; approach for tracking these Centers for Disease Control and combination of funding and technical concerns; relevance and potential Prevention assistance.1 Since that time, NIOSH has impact of the public health actions [Docket No. CDC–2019–0068; NIOSH–324] supported states to build capacity in proposed; and organizational capacity of occupational safety and health, ranging the applicant to achieve the proposal. State-Based Occupational Health from the development of case-based This exploration of funding Surveillance; Request for Information surveillance to creating focused public mechanism type presents an and Meeting Notice health interventions addressing the opportunity for NIOSH to receive occupational health needs of higher risk stakeholder input and identify the best AGENCY: Centers for Disease Control and populations. The work of these state type from a programmatic, logistic, and Prevention, HHS. programs exemplifies the concept of administrative point of view. Exploring ACTION: Notice of public teleconference ‘‘information for action’’ by ensuring this and other approaches is meeting and request for information. that collection, analysis, interpretation, recommended by the National and dissemination of occupational Academies of Science, Engineering and SUMMARY: The National Institute for health data are linked to prevention and Medicine in its report ‘‘A Smarter Occupational Safety and Health control activities. Numerous examples National Surveillance System for (NIOSH), within the Centers for Disease of these successes can be found in the Control and Prevention (CDC), 2 published literature, in state reports and See https://www.cdc.gov/niosh/oep/ announces a public teleconference statesurv.html. meeting and an opportunity to comment 3 CDC [2010], Distinguishing Public Health 1 Eligible applicants include state and other Research and Public Health Nonresearch Policy, on funding mechanisms and other government entities such as local, county, or tribal https://www.cdc.gov/od/science/integrity/docs/cdc- considerations for state-based health departments, henceforth referred to as policy-distinguishing-public-health-research- occupational health surveillance. ‘states.’ nonresearch.pdf.

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Occupational Safety and Health in the 8. Using the principles of Burden, be heard in order. After the last 21st Century.’’ 4 Need and Impact,5 the new Notice of scheduled presenter is heard, those who To identify and assess different Funding Opportunity will focus on missed their opportunity may be options, NIOSH plans to conduct the surveillance activities that address the allowed to present, limited by time following activities: (1) Hold the public occupational safety and health burden available. teleconference announced in this notice of the applicant state. How will this Attendees who wish to speak, but did to receive comments regarding funding directive impact the applying states? not submit a request for the opportunity approaches for its state based 9. The 2014 cooperative agreement to make a presentation, may be given occupational health surveillance (PAR–14–275) funded three this opportunity after the scheduled programs and (2) seek additional public programmatic levels (fundamental, presenters are heard, at the discretion of comments through this docket. fundamental plus, and expanded the presiding official and limited by NIOSH is interested in comments programs) to address the varying levels time available. Those who do not have related to the funding mechanism as it of surveillance capacity of applicant an opportunity to comment during the relates to impact on the conduct of state states. Should this 3-tier funding teleconference are encouraged to submit agency activities, including comments strategy be continued? If not, what other written comments to the NIOSH docket. on the following questions: strategy might be considered? The public meeting will be recorded, 1. What are the advantages and 10. How does the 3-tier funding transcribed, and posted without change disadvantages to the states if NIOSH strategy affect states’ ability to explore to http://www.regulations.gov, including continues using research cooperative emerging occupational safety and health any personal information provided. agreements for funding of state issues? occupational health surveillance 11. Occupational Health Indicators 6 Frank J. Hearl, programs? have been a central component of the Chief of Staff, National Institute for 2. What are the advantages and NIOSH state based surveillance Occupational Safety and Health, Centers for disadvantages to the states if NIOSH program. What are the advantages and Disease Control and Prevention, Department changed to using a non-research disadvantages to your state program of of Health and Human Services. mechanism for funding state continuing to calculate and use the [FR Doc. 2019–17782 Filed 8–16–19; 8:45 am] occupational health surveillance Occupational Health Indicators? BILLING CODE 4163–18–P programs? 3. If the non-research mechanism Public Meeting would specifically prohibit the use of NIOSH will hold a public DEPARTMENT OF HEALTH AND any funds for research, would this have teleconference meeting to solicit HUMAN SERVICES a negative effects on state occupational comments on the future funding health surveillance program mechanism of its state-based Centers for Medicare & Medicaid development or direction? If so, please occupational health surveillance Services describe. program. The meeting is open to the [Document Identifier: CMS–2567] 4. Only research cooperative public, limited only by the capacity of agreements are covered by Certificates 250 connections to the web-based Agency Information Collection of Confidentiality that protect the conference. Activities: Proposed Collection; confidentiality of sensitive information Confirm your attendance to this Comment Request collected from research subjects by our meeting by sending an email to ksouza@ grantees. Do states need or use these cdc.gov by September 9, 2019. An email AGENCY: Centers for Medicare & certificates? confirming registration will be sent from Medicaid Services, HHS. 5. Would a non-research cooperative NIOSH and will include details needed ACTION: Notice. agreement mechanism impact the ability to participate. of universities acting as bonafide agents Requests to make a statement at the SUMMARY: The Centers for Medicare & of the states to apply and receive public meeting should be emailed to Medicaid Services (CMS) is announcing funding under this mechanism? If so, [email protected] by September 2, 2019. an opportunity for the public to how? All requests to make statements should comment on CMS’ intention to collect 6. Non-research proposals undergo contain the name, address, telephone information from the public. Under the ‘‘objective review,’’ which employs CDC number, and relevant business Paperwork Reduction Act of 1995 (the reviewers in place of external peer affiliations of the presenter. Presenters PRA), federal agencies are required to reviewers. Scoring of applications will be assigned a 5-minute slot on the publish notice in the Federal Register would likely use the criteria described agenda. Oral statements only will be concerning each proposed collection of above (occupational health burdens in permitted—presentations of slides will information (including each proposed the state; approach for tracking these not be permitted. NIOSH will confirm extension or reinstatement of an existing concerns; relevance and potential presentation requests by email, and will collection of information) and to allow impact of the public health actions provide additional instructions 60 days for public comment on the proposed; and organizational capacity of regarding the presentation, including proposed action. Interested persons are the state). Are there concerns related to the approximate start time for the invited to send comments regarding our these criteria or the use of objective presentation. burden estimates or any other aspect of review? If a presenter is not in attendance this collection of information, including 7. It is possible that NIOSH will when his/her presentation is scheduled the necessity and utility of the proposed continue to employ an external peer to begin, the remaining presenters will information collection for the proper review process for scoring of performance of the agency’s functions, applications. Are there concerns related 5 See https://www.cdc.gov/niosh/programs/pps/ the accuracy of the estimated burden, to the use of external peer review? bni.html for more information about Burden, Need ways to enhance the quality, utility, and and Impact. clarity of the information to be 4 See https://www.nap.edu/catalog/24835/a- 6 See https://www.cste.org/page/OHIndicators for smarter-national-surveillance-system-for- more information about Occupational Health collected, and the use of automated occupational-safety-and-health-in-the-21st-century. Indicators. collection techniques or other forms of

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information technology to minimize the provide information to a third party. DEPARTMENT OF HEALTH AND information collection burden. Section 3506(c)(2)(A) of the PRA HUMAN SERVICES DATES: Comments must be received by requires federal agencies to publish a October 18, 2019. 60-day notice in the Federal Register Administration for Children and Families ADDRESSES: When commenting, please concerning each proposed collection of information, including each proposed reference the document identifier or Notice of Meeting OMB control number. To be assured extension or reinstatement of an existing consideration, comments and collection of information, before AGENCY: Administration for Children recommendations must be submitted in submitting the collection to OMB for and Families (ACF), Department of any one of the following ways: approval. To comply with this Health and Human Services. 1. Electronically. You may send your requirement, CMS is publishing this ACTION: Announcement of meeting and comments electronically to http:// notice. call for public comments on www.regulations.gov. Follow the Information Collection recommendations to improve the instructions for ‘‘Comment or Nation’s response to the sex trafficking Submission’’ or ‘‘More Search Options’’ 1. Type of Information Collection of children and youth. to find the information collection Request: Reinstatement without change document(s) that are accepting of a currently approved collection; Title SUMMARY: Notice is hereby given, comments. of Information Collection: Statement of pursuant to the provisions of the 2. By regular mail. You may mail Deficiencies and Plan of Correction Federal Advisory Committee Act written comments to the following Supporting Regulations; Use: Section (FACA) and the Preventing Sex address: CMS, Office of Strategic 1864(a) of the Social Security Act Trafficking and Strengthening Families Operations and Regulatory Affairs, requires that the Secretary use state Act, that a meeting of the National Division of Regulations Development, survey agencies to conduct surveys to Advisory Committee on the Sex Attention: Document Identifier/OMB determine whether health care facilities Trafficking of Children and Youth in the Control Number ll, Room C4–26–05, meet Medicare and Clinical Laboratory United States (Committee) will be held 7500 Security Boulevard, Baltimore, Improvement Amendments on October 4, 2019. The purpose of the Maryland 21244–1850. participation requirements. The Form meeting is for the Committee to discuss To obtain copies of a supporting CMS–2567 is the means by which the its work on its interim report on statement and any related forms for the survey findings are documented. This recommended best practices for states to proposed collection(s) summarized in section of the law further requires that follow to combat the sex trafficking of this notice, you may make your request compliance findings resulting from children and youth based on using one of following: these surveys be made available to the multidisciplinary research and 1. Access CMS’ website address at public within 90 days of such surveys. promising, evidence-based models, and website address at https://www.cms.gov/ The Form CMS–2567 is the vehicle for programs. Regulations-and-Guidance/Legislation/ this disclosure. The form is also used by The members of the Committee PaperworkReductionActof1995/PRA- health care facilities to document their request any examples and comments Listing.html plan of correction and by CMS, the from the public to inform their work 2. Email your request, including your states, facilities, purchasers, consumers, and have also requested input on the address, phone number, OMB number, advocacy groups, and the public as a following specific topics pertaining to and CMS document identifier, to source of information about quality of combating the sex trafficking of children [email protected]. care and facility compliance. The and youth in the United States: 3. Call the Reports Clearance Office at regulations at 42 CFR 488.18 require • Screening and Identification: (410) 786–1326. that state survey agencies document all Intersections with interpersonal FOR FURTHER INFORMATION CONTACT: deficiency findings on a statement of violence; screening or universal William N. Parham at (410) 786–4669. deficiencies and plan of correction, approaches. • SUPPLEMENTARY INFORMATION: which is the CMS–2567. Sections Service Provision: Models for multi- 488.26 and 488.28 further delineate how agency response protocols; evaluated Contents compliance findings must be recorded training curricula for service providers; This notice sets out a summary of the and that CMS prescribed forms must be case management and specialized use and burden associated with the used. Form Number: CMS–2567 (OMB service models. following information collections. More Control Number: 0938–0391); • Housing: Prevention efforts of detailed information can be found in Frequency: Yearly and occasionally; public housing authorities. each collection’s supporting statement Affected Public: Private Sector (Business • Prevention: Initiatives of city, and associated materials (see or other for-profit and Not-for-profit county, and state public health ADDRESSES). institutions); Number of Respondents: departments. CMS–2567 Statement of Deficiencies 64,500; Total Annual Responses: • Data: Strategies for state Medicaid and Plan of Correction Supporting 64,500; Total Annual Hours: 129,000. offices to collect quality measures Regulations (For policy questions regarding this regarding violence or exploitation; Under the PRA (44 U.S.C. 3501– collection contact Caecilia Blondiaux at collection and protection of exploitation 3520), federal agencies must obtain 410–786–2190.) data in health records. approval from the Office of Management • Child Welfare: Evidence-informed and Budget (OMB) for each collection of Dated: August 13, 2019. or -based curricula for child welfare information they conduct or sponsor. William N. Parham, III, providers, child and youth service The term ‘‘collection of information’’ is Director, Paperwork Reduction Staff, Office providers, and foster parents; child defined in 44 U.S.C. 3502(3) and 5 CFR of Strategic Operations and Regulatory welfare policies and procedures for 1320.3(c) and includes agency requests Affairs. identifying and responding to or requirements that members of the [FR Doc. 2019–17679 Filed 8–16–19; 8:45 am] trafficking; interagency data sharing public submit reports, keep records, or BILLING CODE 4120–01–P agreements that pertain to child sex

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trafficking cases; specialized foster care subject to the availability of space, this satisfaction surveys; a leadership models including residential treatment; meeting is open to the public. Seating is interview protocol; a web-based screening tools used in child welfare on a first to arrive basis. Security collaboration survey; assessment tools; agencies and whether or not they’ve screening and a photo ID are required. and service-specific feedback forms been validated. Space and parking is limited. The (OMB #0970–0484, expiration 8/31/ • State funding sources for building is fully accessible to 2019). There are no changes to these prevention, training, and/or services in individuals with disabilities. forms. An extension is not being sought addition to federal non-IV–E funding. Written Statements: Pursuant to 41 for four instruments originally included Please submit your examples and/or CFR 102–3.105(j) and 102–3.140 and (Tribal Organizational Assessment comments to [email protected] with section 10(a)(3) of the Federal Advisory Interviews: Caseworker Interview; the subject ‘‘NAC Comments’’ as soon as Committee Act, the public may submit Community Provider Interview; possible and before August 30. written statements in response to the Community Member/Elder Interview; DATES: The meeting will be held on stated agenda of the meeting or to the Family Interview). October 4, 2019. The members will committee’s mission in general. DATES: Comments due within 30 days of convene on October 3 to conduct Organizations with recommendations publication. OMB is required to make a subcommittee meetings and a fact on best practices are encouraged to decision concerning the collection of finding site visit. submit their comments or resources information between 30 and 60 days ADDRESSES: The meeting will be held in (hyperlinks preferred). Written after publication of this document in the Alexandria, Virginia, at the invitation of comments or statements received after Federal Register. Therefore, a comment the National Center for Missing and September 16, 2019, may not be is best assured of having its full effect Exploited Children. Space is limited. provided to the Committee until its next if OMB receives it within 30 days of Identification will be required at the meeting. publication. entrance of the facility (e.g., passport, Verbal Statements: Pursuant to 41 ADDRESSES: Written comments and state ID, or federal ID). CFR 102–3.140d, the Committee is not recommendations for the proposed To attend the meeting virtually, obligated to allow a member of the information collection should be sent please register for this event online: public to speak or otherwise address the directly to the following: Office of https://www.acf.hhs.gov/otip/resource/ Committee during the meeting. Management and Budget; Paperwork nacagenda1019. Members of the public are invited to Reduction Project; Email: OIRA_ FOR FURTHER INFORMATION CONTACT: provide verbal statements during the [email protected]; Attn: Katherine Chon (Designated Federal Committee meeting only at the time and Desk Officer for the Administration for Officer) at [email protected] manner described in the agenda. The Children and Families. or (202) 205–4554 or 330 C Street SW, request to speak should include a brief Copies of the proposed collection may Washington, DC 20201. Additional statement of the subject matter to be be obtained by emailing infocollection@ information is available at https:// addressed and should be relevant to the acf.hhs.gov. Alternatively, copies can www.acf.hhs.gov/otip/partnerships/the- stated agenda of the meeting or the also be obtained by writing to the national-advisory-committee. Committee’s mission in general. Administration for Children and Minutes: The minutes of this meeting SUPPLEMENTARY INFORMATION: The Families, Office of Planning, Research, formation and operation of the will be available for public review and and Evaluation, 330 C Street SW, Committee are governed by the copying within 90 days at: https:// Washington, DC 20201, Attn: OPRE provisions of Public Law 92–463, as www.acf.hhs.gov/otip/partnerships/the- Reports Clearance Officer. All requests, amended (5 U.S.C. App. 2), which sets national-advisory-committee. emailed or written, should be identified forth standards for the formation and Dated: August 12, 2019. by the title of the information collection. use of federal advisory committees. Lynn A. Johnson, SUPPLEMENTARY INFORMATION: Purpose of the Committee: The Assistant Secretary for Children and Families. Description: The Evaluation of the purpose of the Committee is to advise [FR Doc. 2019–17753 Filed 8–16–19; 8:45 am] Child Welfare Capacity Building Collaborative is sponsored by the the Secretary and the Attorney General BILLING CODE 4184–40–P on practical and general policies Children’s Bureau, Administration for concerning improvements to the Children and Families of the U.S. nation’s response to the sex trafficking DEPARTMENT OF HEALTH AND Department of Health and Human of children and youth in the United HUMAN SERVICES Services. The Capacity Building States. HHS established the Committee Collaborative includes three centers pursuant to Section 121 of the Administration for Children and (Center for States, Center for Tribes, Preventing Sex Trafficking and Families Center for Courts) funded by the Strengthening Families Act of 2014 Children’s Bureau to provide national [(OMB #0970–0484)] (Pub. L. 113–183). child welfare expertise and evidence- Tentative Agenda: The agenda can be Submission for OMB Review; informed training and technical found at https://www.acf.hhs.gov/otip/ Evaluation of the Child Welfare assistance services to state, tribal and partnerships/the-national-advisory- Capacity Building Collaborative territorial public child welfare agencies committee. To submit written and Court Improvement Programs statements or RSVP to attend in-person AGENCY: Children’s Bureau; (CIPs). The Centers offer a wide array of or make verbal statements, email Administration for Children and services including, but not limited to: [email protected] by September 16, Families; HHS. Web-based content and resources, 2019. Please include your name, ACTION: Request for public comment. product development and organization, and phone number. More dissemination, self-directed and group- details on these options are below. SUMMARY: The Administration for based training, virtual learning and peer Public Accessibility to the Meeting: Children and Families (ACF) is networking events, and tailored Pursuant to 5 U.S.C. 552b and 41 CFR requesting a three-year extension of 20 consultation and coaching. During the 102–3.140 through 102–3.165, and previously approved forms that include project period, Center services are

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evaluated by both Center-specific what conditions are services effective; sources for this effort include (1) evaluations and a Cross-Center and what are the costs of services. assessment tools such as the Center for Evaluation. The Center-specific The Cross-Center Evaluation uses a Tribes Needs and Fit Exploration Tools; evaluations are designed to collect data longitudinal, mixed methods approach and (2) service-specific feedback forms, on Center-specific processes and to evaluate Center services as they such as the Center for States Intensive outcomes, which are used to support develop and mature over the course of Projects instrument and the Center for service delivery and continuous quality the study. Multiple data collection Courts CQI Workshops instrument. improvement. The Cross-Center strategies are used to efficiently capture Evaluation is designed to respond to a quantitative and qualitative data to Respondents: Respondents of data set of cross-cutting evaluation questions enable analyses that address each collection instruments include (1) child posed by the Children’s Bureau. The evaluation question. Cross-Center welfare and judicial professionals who Cross-Center Evaluation examines: How Evaluation data sources for this effort use the Collaborative’s products and and to what extent key partners across include (1) satisfaction surveys to assess online courses, that participate in and within Centers collaborate; whether recipient satisfaction with services, such webinars, virtual or in-person trainings, Center capacity building service as the Learning Experiences Satisfaction or peer events, and that receive brief or interventions are evaluable; the degree Survey; (2) a leadership interview used intensive tailored services from the to which Centers follow common to assess perceptions of state child Centers; (2) all State child welfare protocols; what service interventions are welfare directors, tribal child welfare directors, and Tribal child welfare delivered and in what services do directors, and CIP directors; and (3) a directors, and CIP coordinators that jurisdictions participate; how satisfied web-based collaboration survey used to receive services from the Centers; and recipients are with services; what assess perceptions of collaboration (3) directors and staff of the three outcomes are achieved in jurisdictions within and between the capacity Capacity Building Centers. receiving Center services and under building centers. Center-specific data

ANNUAL BURDEN ESTIMATES

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

Webpages and Products Satisfaction Survey ...... 4,680 1,560 1 .08 125 Learning Experiences Satisfaction Survey (single) 1 ...... 1,500 500 1 .33 165 Learning Experiences Satisfaction Survey (intensive) 2 ...... 2,700 900 1 .08 72 Webinars, Events, and In-Person Meetings Satisfaction Survey ...... 16,506 5,502 1 .08 440 Assessment & Capacity Building Plan Satisfaction Survey 1,350 450 1 .066 30 Center for Tribes Contact Form ...... 150 50 1 .05 3 Center for Tribes Demographic Survey ...... 60 20 1 1.75 35 Center for Tribes Needs and Fit Exploration Tool Phase 1 180 30 1 1.5 45 Center for Tribes Needs and Fit Exploration Tool Phase 2 75 25 1 3.0 75 Center for States Information and Referral Survey ...... 36 12 1 .05 1 Center for States Intensive Projects Survey ...... 990 330 1 .33 109 Center for States Constituency Groups Surveys ...... 1,200 400 1 .33 132 Center for States Brief Tailored Services Survey ...... 375 125 1 .33 41 CIP Annual Meeting Survey ...... 600 200 1 .13 26 Center for Courts CQI Workshops Survey ...... 144 48 1 .17 8 Leadership Interview—States, Territories ...... 56 19 *2 1 38 Leadership Interview—CIPs ...... 52 17 *2 1 34 Leadership Interview—Tribes ...... 39 13 *2 1.25 33 Leadership Interview Part II—Tribes ...... 39 13 *2 .67 17 Annual Collaboration Survey ...... 690 230 1 .36 83

Total ...... 1,512 1 For Learning Experiences that consist of a single event (e.g., on-line session or in-person training). 2 For more intensive Learning Experiences that require administration of multiple surveys over a series of events, modules, or units. * Reflects the total number of responses per the extension period (three years) rather than the number of annual responses per respondent.

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND ACTION: Notice; establishment of a Hours: 1,512. HUMAN SERVICES public docket; request for comments. Authority: 42 U.S.C. 5106. Food and Drug Administration SUMMARY: The Food and Drug Mary B. Jones, [Docket No. FDA–2019–N–3475] Administration (FDA) announces a ACF/OPRE Certifying Officer. forthcoming public advisory committee [FR Doc. 2019–17775 Filed 8–16–19; 8:45 am] Nonprescription Drugs Advisory meeting of the Nonprescription Drugs BILLING CODE 4184–01–P Committee; Notice of Meeting; Advisory Committee. The general Establishment of a Public Docket; function of the committee is to provide Request for Comments advice and recommendations to FDA on regulatory issues. The meeting will be AGENCY: Food and Drug Administration, open to the public. FDA is establishing HHS.

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a docket for public comment on this identifies you in the body of your except in accordance with 21 CFR 10.20 document. comments, that information will be and other applicable disclosure law. For posted on https://www.regulations.gov. more information about FDA’s posting DATES: The meeting will be held on • September 18, 2019, from 8 a.m. to 5 If you want to submit a comment of comments to public dockets, see 80 p.m. with confidential information that you FR 56469, September 18, 2015, or access do not wish to be made available to the the information at: https://www.gpo.gov/ ADDRESSES: The meeting will be held at public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- FDA White Oak Campus, 10903 New written/paper submission and in the 23389.pdf. Hampshire Ave., Bldg. 31 Conference manner detailed (see ‘‘Written/Paper Docket: For access to the docket to Center, the Great Room (Rm. 1503), Submissions’’ and ‘‘Instructions’’). read background documents or the Silver Spring, MD 20993–0002. Answers Written/Paper Submissions electronic and written/paper comments to commonly asked questions including received, go to https:// information regarding special Submit written/paper submissions as www.regulations.gov and insert the accommodations due to a disability, follows: • docket number, found in brackets in the visitor parking, and transportation may Mail/Hand Delivery/Courier (for heading of this document, into the be accessed at: https://www.fda.gov/ written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts AdvisoryCommittees/ Management Staff (HFA–305), Food and and/or go to the Dockets Management AboutAdvisoryCommittees/ Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, Lane, Rm. 1061, Rockville, MD 20852. ucm408555.htm. Rockville, MD 20852. FDA is establishing a docket for • For written/paper comments FOR FURTHER INFORMATION CONTACT: public comment on this meeting. The submitted to the Dockets Management Cindy Chee, Center for Drug Evaluation docket number is FDA–2019–N–3475. Staff, FDA will post your comment, as and Research, Food and Drug The docket will close on September 17, well as any attachments, except for Administration, 10903 New Hampshire 2019. Submit either electronic or information submitted, marked and Ave., Bldg. 31, Rm. 2417, Silver Spring, written comments on this public identified, as confidential, if submitted MD 20993–0002, 301–796–9001, Fax: meeting by September 17, 2019. Please as detailed in ‘‘Instructions.’’ 301–847–8533, email: NDAC@ note that late, untimely filed comments Instructions: All submissions received fda.hhs.gov, or FDA Advisory will not be considered. Electronic must include the Docket No. FDA– Committee Information Line, 1–800– comments must be submitted on or 2019–N–3475 for ‘‘Nonprescription 741–8138 (301–443–0572 in the before September 17, 2019. The https:// Drugs Advisory Committee; Notice of Washington, DC area). A notice in the www.regulations.gov electronic filing Meeting; Establishment of a Public Federal Register about last minute system will accept comments until Docket; Request for Comments.’’ modifications that impact a previously 11:59 p.m. Eastern Time at the end of Received comments, those filed in a announced advisory committee meeting September 17, 2019. Comments received timely manner (see ADDRESSES), will be cannot always be published quickly by mail/hand delivery/courier (for placed in the docket and, except for enough to provide timely notice. written/paper submissions) will be those submitted as ‘‘Confidential Therefore, you should always check the considered timely if they are Submissions,’’ publicly viewable at FDA’s website at https://www.fda.gov/ postmarked or the delivery service https://www.regulations.gov or at the AdvisoryCommittees/default.htm and acceptance receipt is on or before that Dockets Management Staff between scroll down to the appropriate advisory date. 9 a.m. and 4 p.m., Monday through Comments received on or before Friday. committee meeting link, or call the • September 4, 2019, will be provided to Confidential Submissions—To advisory committee information line to the committee. Comments received after submit a comment with confidential learn about possible modifications that date will be taken into information that you do not wish to be before coming to the meeting. consideration by FDA. made publicly available, submit your SUPPLEMENTARY INFORMATION: You may submit comments as comments only as a written/paper Agenda: The committee will discuss follows: submission. You should submit two data submitted by GlaxoSmithKline copies total. One copy will include the Consumer Healthcare Holdings (US) Electronic Submissions information you claim to be confidential LLC, to support new drug application Submit electronic comments in the with a heading or cover note that states (NDA) 208425, for over-the-counter following way: ‘‘THIS DOCUMENT CONTAINS (OTC) marketing of nicotine oral spray • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ FDA (1 milligram (mg) per spray). The https://www.regulations.gov. Follow the will review this copy, including the proposed OTC use is to reduce instructions for submitting comments. claimed confidential information, in its withdrawal symptoms, including Comments submitted electronically, consideration of comments. The second nicotine craving, associated with including attachments, to https:// copy, which will have the claimed quitting smoking. The applicant www.regulations.gov will be posted to confidential information redacted/ proposes to label the product for adults the docket unchanged. Because your blacked out, will be available for public 18 years and older. The committee will comment will be made public, you are viewing and posted on https:// be asked to consider whether data solely responsible for ensuring that your www.regulations.gov. Submit both support an acceptable risk/benefit comment does not include any copies to the Dockets Management Staff. profile for the nonprescription use of confidential information that you or a If you do not wish your name and nicotine oral spray (1 mg per spray) by third party may not wish to be posted, contact information be made publicly OTC consumers. such as medical information, your or available, you can provide this FDA intends to make background anyone else’s Social Security number, or information on the cover sheet and not material available to the public no later confidential business information, such in the body of your comments and you than 2 business days before the meeting. as a manufacturing process. Please note must identify the information as If FDA is unable to post the background that if you include your name, contact ‘‘confidential.’’ Any information marked material on its website prior to the information, or other information that as ‘‘confidential’’ will not be disclosed meeting, the background material will

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be made publicly available at the Dated: August 12, 2019. Evaluation of the Program for location of the advisory committee Lowell J. Schiller, Enhanced Review Transparency and meeting, and the background material Principal Associate Commissioner for Policy. Communication for New Molecular will be posted on FDA’s website after [FR Doc. 2019–17724 Filed 8–16–19; 8:45 am] Entity New Drug Applications and the meeting. Background material is Original Biologics License Applications available at https://www.fda.gov/ BILLING CODE 4164–01–P in Prescription Drug User Fee Acts and AdvisoryCommittees/Calendar/ 351(k) Biologics License Applications default.htm. Scroll down to the DEPARTMENT OF HEALTH AND in Biosimilars User Fee Act appropriate advisory committee meeting HUMAN SERVICES OMB Control Number 0910–0746— link. Extension Procedure: Interested persons may Food and Drug Administration present data, information, or views, This information collection supports orally or in writing, on issues pending the above captioned review program [Docket No. FDA–2013–N–0093] before the committee. All electronic and (‘‘the Program’’). The Program is part of written submissions submitted to the Agency Information Collection our performance commitment under the Docket (see ADDRESSES ) on or before Activities; Submission for Office of fifth and sixth authorizations of the September 4, 2019, will be provided to Prescription Drug User Fee Act Management and Budget Review; the committee. Oral presentations from (PDUFA), which allows us to collect Comment Request; Review the public will be scheduled between user fees for the review of human drug approximately 1 p.m. and 2 p.m. Those Transparency and Communication in and biologics applications for FYs 2013 individuals interested in making formal Reviews of 351(k) Biologics License through 2021, and the second oral presentations should notify the Applications in Biosimilars User Fee authorization of the Biosimilars User contact person and submit a brief Act Fee Act (BsUFA II), which applies to statement of the general nature of the 351(k) BLAs for FYs 2018 through 2021. evidence or arguments they wish to AGENCY: Food and Drug Administration, The Program is described in detail in present, the names and addresses of HHS. FDA’s Commitment Letters for PDUFA proposed participants, and an ACTION: Notice. VI and BsUFA II, available at https:// indication of the approximate time www.fda.gov/downloads/ForIndustry/ requested to make their presentation on SUMMARY: The Food and Drug UserFees/PrescriptionDrugUserFee/ or before August 26, 2019. Time allotted Administration (FDA) is announcing UCM511438.pdf and https:// for each presentation may be limited. If that a proposed collection of www.fda.gov/downloads/ForIndustry/ the number of registrants requesting to UserFees/BiosimilarUserFeeActBsUFA/ information has been submitted to the speak is greater than can be reasonably UCM521121.pdf. Office of Management and Budget accommodated during the scheduled (OMB) for review and clearance under The Program goals are to increase the open public hearing session, FDA may the Paperwork Reduction Act of 1995. efficiency and effectiveness of the first conduct a lottery to determine the review cycle and decrease the number speakers for the scheduled open public DATES: Fax written comments on the of review cycles necessary for approval hearing session. The contact person will collection of information by September so that patients have timely access to notify interested persons regarding their 18, 2019. safe, effective, and high quality new request to speak by August 27, 2019. drugs and biologics. A key aspect of the ADDRESSES: To ensure that comments on Persons attending FDA’s advisory extension of the Program to BsUFA II is committee meetings are advised that the information collection are received, to conduct an interim and final FDA is not responsible for providing OMB recommends that written assessment that will evaluate how well access to electrical outlets. comments be faxed to the Office of the parameters of the Program have For press inquiries, please contact the Information and Regulatory Affairs, achieved the intended goals. The Office of Media Affairs at fdaoma@ OMB, Attn: FDA Desk Officer, Fax: 202– BsUFA II Commitment Letter specifies fda.hhs.gov or 301–796–4540. 395–7285, or emailed to oira_ that an independent contractor can FDA welcomes the attendance of the [email protected]. All conduct the assessments and specifies public at its advisory committee comments should be identified with the that they include interviews of sponsors meetings and will make every effort to OMB control number 0910–0746. Also who submit 351(k) BLAs to the Program accommodate persons with disabilities. include the FDA docket number found in BsUFA II. In accordance with the If you require accommodations due to a in brackets in the heading of this PDUFA V and BsUFA II Commitment disability, please contact Cindy Chee document. Letters, we contracted Eastern Research (see FOR FURTHER INFORMATION CONTACT) Group, Inc. (ERG) to conduct at least 7 days in advance of the FOR FURTHER INFORMATION CONTACT: independent interviews of applicants meeting. Domini Bean, Office of Operations, after FDA issues a first-cycle action for FDA is committed to the orderly Food and Drug Administration, Three applications reviewed under the conduct of its advisory committee White Flint North, 10A–12M, 11601 Program. The purpose of these meetings. Please visit our website at Landsdown St., North Bethesda, MD interviews is to collect feedback from https://www.fda.gov/ 20852, 301–796–5733, PRAStaff@ applicants on the success of the Program AdvisoryCommittees/ fda.hhs.gov. in increasing transparency and AboutAdvisoryCommittees/ communication of reviews during the ucm111462.htm for procedures on SUPPLEMENTARY INFORMATION: In review process. ERG will anonymize public conduct during advisory compliance with 44 U.S.C. 3507, FDA and aggregate sponsor responses before committee meetings. has submitted the following proposed inclusion in the assessments and Notice of this meeting is given under collection of information to OMB for presentation materials at public the Federal Advisory Committee Act review and clearance. meetings. We will publish in the (5 U.S.C. app. 2). Federal Register for public comment

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ERG’s assessments with interview day notice requesting public comment We estimate the burden of the results and findings. on the proposed collection of information collection as follows: In the Federal Register of March 12, information. No comments were 2019 (84 FR 8877), we published a 60- received.

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Pre-test ...... 5 1 5 1.5 7.5 Interviews ...... 75 1 75 1.5 112.5

Total ...... 120 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Since the last OMB approval of the announcing the availability of a final as a manufacturing process. Please note information collection, we have guidance for industry (GFI) #257 that if you include your name, contact adjusted our estimate downward by 60 entitled ‘‘Studies to Evaluate the information, or other information that survey respondents. We base our Metabolism and Residue Kinetics of identifies you in the body of your estimate on the most recent number of Veterinary Drugs in Food-Producing comments, that information will be annual surveys. ERG interviews Species: Marker Residue Depletion posted on https://www.regulations.gov. between one and three sponsor Studies to Establish Product Withdrawal • If you want to submit a comment representatives for each 351(k) BLA Periods in Aquatic Species’’ (VICH with confidential information that you first-cycle action issued for applications GL57). This guidance has been do not wish to be made available to the reviewed under the Program. ERG also developed for veterinary use by the public, submit the comment as a conducts a pretest of the interview International Cooperation on written/paper submission and in the protocol with five respondents. Harmonisation of Technical manner detailed (see ‘‘Written/Paper Assuming it will take 1 to 1.5 hours to Requirements for Registration of Submissions’’ and ‘‘Instructions’’). complete the pretest, we calculate a Veterinary Medicinal Products (VICH). Written/Paper Submissions total of 7.5 annual burden hours. We This VICH guidance document is estimate that up to 75 respondents will intended to provide study design Submit written/paper submissions as follows: take part in the post-action interviews recommendations that will facilitate the • each year. Assuming each interview will universal acceptance of the generated Mail/Hand Delivery/Courier (for last 1 to 1.5 hours, we calculate a total residue depletion data to fulfill the written/paper submissions): Dockets of 112.5 annual burden hours. national/regional requirements. This Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Dated: August 12, 2019. guidance document provides recommendations on what should be Lane, Rm. 1061, Rockville, MD 20852. Lowell J. Schiller, • For written/paper comments included in a marker residue depletion Principal Associate Commissioner for Policy. submitted to the Dockets Management study design for aquatic food-producing Staff, FDA will post your comment, as [FR Doc. 2019–17713 Filed 8–16–19; 8:45 am] species. BILLING CODE 4164–01–P well as any attachments, except for DATES: The announcement of the information submitted, marked and guidance is published in the Federal identified, as confidential, if submitted DEPARTMENT OF HEALTH AND Register on August 19, 2019. as detailed in ‘‘Instructions.’’ HUMAN SERVICES ADDRESSES: You may submit either Instructions: All submissions received electronic or written comments on must include the Docket No. FDA– Food and Drug Administration Agency guidances at any time as 2018–D–2354 for ‘‘Studies to Evaluate follows: the Metabolism and Residue Kinetics of [Docket No. FDA–2018–D–2354] Veterinary Drugs in Food-Producing Electronic Submissions International Cooperation on Species: Marker Residue Depletion Harmonisation of Technical Submit electronic comments in the Studies to Establish Product Withdrawal following way: Periods in Aquatic Species’’ (VICH Requirements for Registration of • Veterinary Medicinal Products; Studies Federal eRulemaking Portal: GL57). Received comments will be To Evaluate the Metabolism and https://www.regulations.gov. Follow the placed in the docket and, except for Residue Kinetics of Veterinary Drugs instructions for submitting comments. those submitted as ‘‘Confidential in Food-Producing Species: Marker Comments submitted electronically, Submissions,’’ publicly viewable at Residue Depletion Studies To including attachments, to https:// https://www.regulations.gov or at the Establish Product Withdrawal Periods www.regulations.gov will be posted to Dockets Management Staff between 9 in Aquatic Species; Guidance for the docket unchanged. Because your a.m. and 4 p.m., Monday through Industry; Availability comment will be made public, you are Friday. solely responsible for ensuring that your • Confidential Submissions—To AGENCY: Food and Drug Administration, comment does not include any submit a comment with confidential HHS. confidential information that you or a information that you do not wish to be ACTION: Notice of availability. third party may not wish to be posted, made publicly available, submit your such as medical information, your or comments only as a written/paper SUMMARY: The Food and Drug anyone else’s Social Security number, or submission. You should submit two Administration (FDA or Agency) is confidential business information, such copies total. One copy will include the

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information you claim to be confidential Depletion Studies to Establish Product Metabolism and Residue Kinetics of with a heading or cover note that states Withdrawal Periods in Aquatic Species’’ Veterinary Drugs in Food-Producing ‘‘THIS DOCUMENT CONTAINS (VICH GL57). In recent years, many Species: Marker Residue Depletion CONFIDENTIAL INFORMATION.’’ The important initiatives have been Studies to Establish Product Withdrawal Agency will review this copy, including undertaken by regulatory authorities Periods in Aquatic Species’’ (VICH the claimed confidential information, in and industry associations to promote GL57), giving interested persons until its consideration of comments. The the international harmonization of September 24, 2018, to comment on the second copy, which will have the regulatory requirements. FDA has draft guidance. FDA did not receive claimed confidential information participated in efforts to enhance comments on the draft guidance. redacted/blacked out, will be available harmonization and is committed to Comments received by other VICH for public viewing and posted on seeking scientifically based harmonized member regulatory agencies were https://www.regulations.gov. Submit technical procedures for pharmaceutical considered as the guidance was both copies to the Dockets Management development. One of the goals of finalized. The guidance announced in Staff. If you do not wish your name and harmonization is to identify, and then this notice finalizes the draft guidance contact information to be made publicly reduce, differences in technical dated July 2018. The final guidance is available, you can provide this requirements for drug development a product of the Metabolism and information on the cover sheet and not among regulatory agencies in different Residue Kinetics Expert Working Group in the body of your comments and you countries. of the VICH. must identify this information as FDA has actively participated in the This VICH guidance document is ‘‘confidential.’’ Any information marked International Council for Harmonisation intended to provide study design as ‘‘confidential’’ will not be disclosed of Technical Requirements for recommendations that will facilitate the except in accordance with 21 CFR 10.20 Pharmaceuticals for Human Use for universal acceptance of the generated and other applicable disclosure law. For several years to develop, with input residue depletion data to fulfill the more information about FDA’s posting from both regulatory and industry national/regional requirements. This of comments to public dockets, see 80 representatives, harmonized technical guidance document provides FR 56469, September 18, 2015, or access requirements for the registration or recommendations on what should be the information at: https://www.gpo.gov/ approval of pharmaceutical products for included in a marker residue depletion fdsys/pkg/FR-2015-09-18/pdf/2015- human use among the European Union, study design for aquatic food-producing 23389.pdf. Japan, and the United States. The VICH species. is a parallel initiative for veterinary Docket: For access to the docket to II. Significance of Guidance read background documents or the medicinal products. The VICH is This guidance, developed under the electronic and written/paper comments concerned with developing harmonized VICH process, is being issued consistent received, go to https:// technical requirements for the approval with FDA’s good guidance practices www.regulations.gov and insert the of veterinary medicinal products in the regulation (21 CFR 10.115). For docket number, found in brackets in the European Union, Japan, and the United example, the document has been heading of this document, into the States, and includes input from both designated ‘‘guidance’’ rather than ‘‘Search’’ box and follow the prompts regulatory and industry representatives. The VICH Steering Committee is ‘‘guideline.’’ In addition, guidance and/or go to the Dockets Management composed of member representatives documents must not include mandatory Staff, 5630 Fishers Lane, Rm. 1061, from the European Commission and language such as ‘‘shall,’’ ‘‘must,’’ Rockville, MD 20852. You may submit comments on any European Medicines Agency; ‘‘require,’’ or ‘‘requirement,’’ unless guidance at any time (see 21 CFR International Federation for Animal FDA is using these words to describe a Health—Europe; FDA; the U.S. 10.115(g)(5)). statutory or regulatory requirement. The guidance represents the current Submit written requests for single Department of Agriculture; the U.S. thinking of FDA on ‘‘Studies to Evaluate copies of the guidance to the Policy and Animal Health Institute; the Japanese the Metabolism and Residue Kinetics of Regulations Staff (HFV–6), Center for Ministry of Agriculture, Forestry, and Veterinary Drugs in Food-Producing Veterinary Medicine, Food and Drug Fisheries; and the Japanese Veterinary Products Association. Six observers are Species: Marker Residue Depletion Administration, 7500 Standish Pl., eligible to participate in the VICH Studies to Establish Product Withdrawal Rockville, MD 20855. Send one self- Steering Committee: One representative Periods in Aquatic Species’’ (VICH addressed adhesive label to assist that from the government of Australia/New GL57). It does not establish any rights office in processing your requests. See Zealand, one representative from the for any person and is not binding on the SUPPLEMENTARY INFORMATION section industry in Australia/New Zealand, one FDA or the public. You can use an for electronic access to the guidance representative from the government of alternative approach if it satisfies the document. Canada, one representative from the requirements of the applicable statutes FOR FURTHER INFORMATION CONTACT: Julia industry in Canada, one representative and regulations. This guidance is not Oriani, Center for Veterinary Medicine from the government of South Africa, subject to Executive Order 12866. (HFV–151), Food and Drug and one representative from the Administration, 7500 Standish Pl., industry in South Africa. The World III. Paperwork Reduction Act of 1995 Rockville, MD 20855, 240–402–0788, Organisation for Animal Health, the This guidance refers to previously [email protected]. Associate Member, has one delegate. approved collections of information SUPPLEMENTARY INFORMATION: The VICH Secretariat, which found in FDA regulations. These coordinates the preparation of collections of information are subject to I. Background documentation, is provided by review by the Office of Management and FDA is announcing the availability of HealthforAnimals. Budget (OMB) under the Paperwork final GFI #257 entitled ‘‘Studies to In the Federal Register of July 24, Reduction Act of 1995 (44 U.S.C. 3501– Evaluate the Metabolism and Residue 2018 (83 FR 35009), FDA published the 3520). The collections of information in Kinetics of Veterinary Drugs in Food- notice of availability for a draft guidance 21 CFR part 514 have been approved Producing Species: Marker Residue entitled ‘‘Studies to Evaluate the under OMB control number 0910–0032.

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IV. Electronic Access providers, and formatting techniques to Instructions: All submissions received Persons with access to the internet make the information more accessible. must include the Docket No. FDA– may obtain the guidance at either DATES: Submit either electronic or 2010–D–0319 for ‘‘Guidance for https://www.fda.gov/AnimalVeterinary/ written comments on the collection of Industry on Dear Health Care Provider GuidanceComplianceEnforcement/ information by October 18, 2019. Letters: Improving Communication of GuidanceforIndustry/default.htm or ADDRESSES: You may submit comments Important Safety Information.’’ Received https://www.regulations.gov. as follows. Please note that late, comments, those filed in a timely untimely filed comments will not be manner (see ADDRESSES), will be placed Dated: August 13, 2019. in the docket and, except for those Lowell J. Schiller, considered. Electronic comments must be submitted on or before October 18, submitted as ‘‘Confidential Principal Associate Commissioner for Policy. 2019. The https://www.regulations.gov Submissions,’’ publicly viewable at [FR Doc. 2019–17721 Filed 8–16–19; 8:45 am] electronic filing system will accept https://www.regulations.gov or at the BILLING CODE 4164–01–P comments until 11:59 p.m. Eastern Time Dockets Management Staff between 9 at the end of October 18, 2019. a.m. and 4 p.m., Monday through Comments received by mail/hand Friday. DEPARTMENT OF HEALTH AND delivery/courier (for written/paper • Confidential Submissions—To HUMAN SERVICES submissions) will be considered timely submit a comment with confidential Food and Drug Administration if they are postmarked or the delivery information that you do not wish to be service acceptance receipt is on or made publicly available, submit your before that date. comments only as a written/paper [Docket No. FDA–2010–D–0319] submission. You should submit two Electronic Submissions Agency Information Collection copies total. One copy will include the Activities; Proposed Collection; Submit electronic comments in the information you claim to be confidential following way: with a heading or cover note that states Comment Request; Guidance for • Industry on Dear Health Care Provider Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS Letters: Improving Communication of https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The Important Safety Information instructions for submitting comments. Agency will review this copy, including Comments submitted electronically, the claimed confidential information, in AGENCY: Food and Drug Administration, including attachments, to https:// its consideration of comments. The HHS. www.regulations.gov will be posted to second copy, which will have the ACTION: Notice. the docket unchanged. Because your claimed confidential information comment will be made public, you are redacted/blacked out, will be available SUMMARY: The Food and Drug solely responsible for ensuring that your for public viewing and posted on Administration (FDA or Agency) is comment does not include any https://www.regulations.gov. Submit announcing an opportunity for public confidential information that you or a both copies to the Dockets Management comment on the proposed collection of third party may not wish to be posted, Staff. If you do not wish your name and certain information by the Agency. such as medical information, your or contact information to be made publicly Under the Paperwork Reduction Act of anyone else’s Social Security number, or available, you can provide this 1995 (PRA), Federal Agencies are confidential business information, such information on the cover sheet and not required to publish notice in the as a manufacturing process. Please note in the body of your comments and you Federal Register concerning each that if you include your name, contact must identify this information as proposed collection of information, information, or other information that ‘‘confidential.’’ Any information marked including each proposed extension of an identifies you in the body of your as ‘‘confidential’’ will not be disclosed existing collection of information, and comments, that information will be except in accordance with 21 CFR 10.20 to allow 60 days for public comment in posted on https://www.regulations.gov. and other applicable disclosure law. For response to the notice. This notice • If you want to submit a comment more information about FDA’s posting solicits comments on the information with confidential information that you of comments to public dockets, see 80 collection associated with Agency do not wish to be made available to the FR 56469, September 18, 2015, or access guidance entitled ‘‘Dear Health Care public, submit the comment as a the information at: https://www.gpo.gov/ Provider Letters: Improving written/paper submission and in the fdsys/pkg/FR-2015-09-18/pdf/2015- Communication of Important Safety manner detailed (see ‘‘Written/Paper 23389.pdf. Information.’’ The guidance offers Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to specific recommendations to industry read background documents or the on the content and format of Dear Written/Paper Submissions electronic and written/paper comments Health Care Provider (DHCP) letters. Submit written/paper submissions as received, go to https:// These letters are sent by manufacturers follows: www.regulations.gov and insert the or distributors to health care providers • Mail/Hand Delivery/Courier (for docket number, found in brackets in the to communicate an important drug written/paper submissions): Dockets heading of this document, into the warning, a change in prescribing Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts information, or a correction of Drug Administration, 5630 Fishers and/or go to the Dockets Management misinformation in prescription drug Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, promotional labeling or advertising. • For written/paper comments Rockville, MD 20852. This guidance provides submitted to the Dockets Management recommendations on when to use a Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: DHCP letter, the types of information to well as any attachments, except for Domini Bean, Office of Operations, include in the DHCP letter, how to information submitted, marked and Food and Drug Administration, Three organize the information so that it is identified, as confidential, if submitted White Flint North, 10A–12M, 11601 communicated effectively to health care as detailed in ‘‘Instructions.’’ Landsdown St., North Bethesda, MD

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20852, 301–796–5733, PRAStaff@ the quality, utility, and clarity of the forth in the applicable regulation (21 fda.hhs.gov. information to be collected; and (4) CFR 200.5). In some cases, health care SUPPLEMENTARY INFORMATION: Under the ways to minimize the burden of the providers have not been aware of PRA (44 U.S.C. 3501–3520), Federal collection of information on important new information, and have Agencies must obtain approval from the respondents, including through the use been unable to communicate it to Office of Management and Budget of automated collection techniques, patients, because the letters’ content and (OMB) for each collection of when appropriate, and other forms of length have made it difficult to find the information they conduct or sponsor. information technology. relevant information. In addition, letters ‘‘Collection of information’’ is defined Agency Information Collection have sometimes been sent for the wrong in 44 U.S.C. 3502(3) and 5 CFR Activities; Proposed Collection; reasons. 1320.3(c) and includes Agency requests Comment Request; Guidance for In addition to content and format or requirements that members of the Industry on Dear Health Care Provider recommendations for each type of DHCP public submit reports, keep records, or Letters: Improving Communication of letter, the guidance also includes provide information to a third party. Important Safety Information Section 3506(c)(2)(A) of the PRA (44 recommendations on consulting with U.S.C. 3506(c)(2)(A)) requires Federal OMB Control Number 0910–0754— FDA on how to develop a DHCP letter, Agencies to provide a 60-day notice in Extension when to send a letter, what type of letter the Federal Register concerning each This information collection supports to send, and how to assess the letter’s proposed collection of information, recommendations found in the Agency impact. Based on a review of FDA’s including each proposed extension of an guidance document entitled, ‘‘Dear Document Archiving, Reporting, and existing collection of information, Health Care Provider Letters: Improving Regulatory Tracking System for 2016– before submitting the collection to OMB Communication of Important Safety 2018, we identified 38 DHCP letters that for approval. To comply with this Information.’’ The guidance provides were sent out by 24 distinct sponsors requirement, FDA is publishing notice instruction to industry and FDA staff on during the 3-year timeframe. We of the proposed collection of the content and format of DHCP letters. estimate that we will receive information set forth in this document. These letters are sent by manufacturers approximately 13 DHCP letters annually With respect to the following or distributors to health care providers from approximately 8 application collection of information, FDA invites to communicate an important drug holders. FDA professionals familiar comments on these topics: (1) Whether warning, a change in prescribing with DHCP letters and with the the proposed collection of information information, or a correction of recommendations in the guidance is necessary for the proper performance misinformation in prescription drug estimate that it should take an of FDA’s functions, including whether promotional labeling or advertising. the information will have practical This guidance gives specific application holder approximately 100 utility; (2) the accuracy of FDA’s instruction on what should and should hours to prepare and send DHCP letters estimate of the burden of the proposed not be included in DHCP letters. Some in accordance with the guidance. collection of information, including the DHCP letters have been too long, have We estimate the annual reporting validity of the methodology and contained promotional material, or burden of this collection of information assumptions used; (3) ways to enhance otherwise have not met the goals set as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Dear Health Care Provider Letters ...... 8 1.625 13 100 1,300 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information DEPARTMENT OF HEALTH AND collaborative efforts of FDA’s 11,000 collection, we have reduced our burden HUMAN SERVICES scientists and researchers, who use estimate by 17 respondents with a novel science and technologies to corresponding decrease in annual hours Food and Drug Administration inform FDA’s regulatory decision- by 1,200. We attribute the decrease to making—and drive innovation. [Docket No. FDA–2019–N–0001] the effectiveness of the guidance. DATES: The public workshop will be Dated: August 12, 2019. Food and Drug Administration Science held on September 11, 2019, from 8:30 Lowell J. Schiller, Forum 2019; Public Workshop a.m. to 4:40 p.m., and September 12, 2019, from 9 a.m. to 4 p.m. See the Principal Associate Commissioner for Policy. AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION section for [FR Doc. 2019–17708 Filed 8–16–19; 8:45 am] HHS. registration date and information. BILLING CODE 4164–01–P ACTION: Notice of public workshop. ADDRESSES: The public workshop will SUMMARY: The Food and Drug be held at FDA White Oak Campus, Administration (FDA or the Agency) is 10903 New Hampshire Ave., Bldg. 31, announcing the following public Conference Center, the Great Room (Rm. workshop entitled ‘‘FDA Science Forum 1503), Silver Spring, MD 20993. 2019.’’ The purpose of the public Entrance for the public workshop workshop is to share with the public the participants (non-FDA employees) is unique scientific research and through Building 1 where routine

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security check procedures will be If you need special accommodations include the FDA docket number found performed. For parking and security due to a disability, please contact in brackets in the heading of this information, please refer to Rokhsareh Shahidzadeh (see FOR document. www.fda.gov/publicmeetinginfo. FURTHER INFORMATION CONTACT ) no later FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: than September 4, 2019, by 5 p.m. Amber Sanford, Office of Operations, Rokhsareh Shahidzadeh, Office of Eastern Time. Food and Drug Administration, Three Scientific Professional Development, Streaming Webcast of the public White Flint North, 10A–12M, 11601 Office of the Chief Scientist, Office of workshop: This public workshop will Landsdown St., North Bethesda, MD the Commissioner, Food and Drug also be webcast. To register, please visit 20852, 301–796–8867, PRAStaff@ Administration, 10903 New Hampshire the following website: https:// fda.hhs.gov. Ave., Bldg. 32, Rm. 2383, Silver Spring, www.fda.gov/scienceforum. Participants MD 20993, 301–796–8740, interested in viewing via webcast must SUPPLEMENTARY INFORMATION: In [email protected]. register by September 6, 2019, at 5 p.m. compliance with 44 U.S.C. 3507, FDA SUPPLEMENTARY INFORMATION: Eastern Time. has submitted the following proposed If you have never attended a Connect collection of information to OMB for I. Background Pro event before, test your connection at review and clearance. The FDA Science Forum is held https://collaboration.fda.gov/common/ _ Mammography Quality Standards Act biennially to share with the public the help/en/support/meeting test.htm. To Requirements—21 CFR Part 900 unique scientific research and get a quick overview of the Connect Pro collaborative efforts of our 11,000 program, visit https://www.adobe.com/ OMB Control Number 0910–0309— scientists and researchers. These go/connectpro_overview. FDA has Extension scientists and researchers use novel verified the website addresses in this The Mammography Quality Standards science and technologies to inform document, as of the date this document Act (Pub. L. 102–539) requires the FDA’s regulatory decision-making—and publishes in the Federal Register, but establishment of a Federal certification drive innovation. FDA scientific experts websites are subject to change over time. and inspection program for and nationally renowned scientists will Dated: August 13, 2019. mammography facilities; regulations speak on the eight topics of the Lowell J. Schiller, and standards for accreditation and upcoming FDA Science Forum, Principal Associate Commissioner for Policy. certification bodies for mammography Transforming Health: Innovation in facilities; and standards for FDA Science. FDA’s Science Forum [FR Doc. 2019–17703 Filed 8–16–19; 8:45 am] BILLING CODE 4164–01–P mammography equipment, personnel, welcomes the public, industry, and practices, including quality academia, patient advocates, sister assurance. The intent of these Agencies, and current and potential regulations is to assure safe, reliable, collaborators, to learn about the DEPARTMENT OF HEALTH AND HUMAN SERVICES and accurate mammography on a Agency’s regulatory science—the type of nationwide level. Under the regulations, science that is rarely undertaken by Food and Drug Administration as a first step in becoming certified, industry or academia, but that makes mammography facilities must become critical contributions to product quality [Docket No. FDA–2013–N–0134] accredited by an FDA-approved and safety. Agency Information Collection accreditation body (AB). This requires II. Topics for Discussion at the Public Activities; Submission for Office of undergoing a review of their clinical Workshop Management and Budget Review; images and providing the AB with Sessions in the two-day forum will Comment Request; Mammography information showing that they meet the highlight such areas as FDA research Quality Standards Act Requirements equipment, personnel, quality into new predictive tools for developing assurance, and quality control AGENCY: and evaluating therapeutics, advancing Food and Drug Administration, standards, and have a medical reporting artificial intelligence, evaluating digital HHS. and recordkeeping program, a medical health devices, and novel methods of ACTION: Notice. outcomes audit program, and a consumer complaint mechanism. On the tackling critical public health challenges SUMMARY: The Food and Drug such as addiction. basis of this accreditation, facilities are Administration (FDA) is announcing then certified by FDA or an FDA- III. Participating in the Public that a proposed collection of approved State certification agency and Workshop information has been submitted to the must prominently display their Registration: To register for the public Office of Management and Budget certificate. These actions are taken to workshop, please visit the following (OMB) for review and clearance under ensure safe, accurate, and reliable website: https://www.fda.gov/ the Paperwork Reduction Act of 1995. mammography on a nationwide basis. scienceforum. DATES: Fax written comments on the The following sections of Title 21 of Registration is free and based on collection of information by September the Code of Federal Regulations (CFR) space availability, with priority given to 18, 2019. are not included in the burden tables early registrants. Persons interested in ADDRESSES: To ensure that comments on because they are considered usual and attending this public workshop must the information collection are received, customary practice and were part of the register by September 6, 2019, at 5 p.m. OMB recommends that written standard of care prior to the Eastern Time. Early registration is comments be faxed to the Office of implementation of the regulations; recommended because seating is Information and Regulatory Affairs, therefore, they resulted in no additional limited; therefore, FDA may limit the OMB, Attn: FDA Desk Officer, Fax: 202– burden: 21 CFR 900.12(c)(1) and (3) and number of participants from each 395–7285, or emailed to oira_ 900.3(f)(1). 21 CFR 900.24(c) was also organization. Registrants will receive [email protected]. All not included in the burden tables confirmation when they have been comments should be identified with the because if a certifying State had its accepted. OMB control number 0910–0309. Also approval withdrawn, FDA would take

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over certifying authority for the affected Preliminary Economic Analysis of discuss issues of mutual concern. The facilities. Because FDA already has all Impacts. Comments received on the Agency has also long enjoyed a good the certifying State’s electronic records, proposed rule are currently being relationship with the Conference of there wouldn’t be an additional considered. State Radiation Program Directors reporting burden. FDA meets with its National (CRCPD), which is the professional We have rounded numbers in the Mammography Quality Assurance organization of the State agencies ‘‘Total Hours’’ column in all three Advisory Committee (NMQAAC) concerned with radiation protection. burden tables. (Where the number was annually. NMQAAC is made up of The CRCPD has established a standing a portion of 1 hour, it has been rounded representatives of the mammography Mammography Committee, which meets to 1 hour. All other ‘‘Total Hours’’ have community, consumer and industry with FDA mammography staff at least been rounded to the nearest whole groups, and government. It is charged number.) with advising FDA’s mammography once a year. In the Federal Register of May 1, 2019 program on advances in mammography Finally, in recent years, FDA (84 FR 18548), FDA published a 60-day technology and procedures and on mammography staff have met several notice requesting public comment on appropriate quality standards for times with representatives of the proposed collection of information. mammography facilities. NMQAAC also manufacturers working on the new We received one comment that discusses and comments on all applications of digital technology in expressed general concern regarding the guidances before they are made final. mammography to resolve problems cost and quality of mammography The meetings are open to the public and preventing the making of that equipment. However, the comment did time is allotted for public statements on technology generally available. FDA not refer to any particular provision of issues of concern in the mammography mammography staff have also worked the regulations or the information field. The chairperson may also call with representatives of the collection burden estimate. We note that upon attendees to contribute to the manufacturers to develop quality in the Federal Register of March 28, committee discussions. assurance manuals for full field digital 2019 (84 FR 11669), FDA published a FDA also meets or holds mammography units. proposed rule to update the teleconferences several times a year mammography regulations. As part of with its approved accreditation bodies FDA estimates the burden of this the proposed rule, FDA prepared a and State certification agencies to collection of information as follows: TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Total Activity/21 CFR section/FDA Number of Total annual Average burden 1 Total operating and Form No. respondents responses per responses per response Total hours capital costs maintenance respondent costs

Notification of intent to become 0.33 1 0.33 1...... 1 ...... an AB—900.3(b)(1). Application for approval as an 0.33 1 0.33 320...... 106 $10,776 ...... AB; full 2—900.3(b)(3). Application for approval as an 5 1 5 30...... 150 ...... AB; limited 3—900.3(b)(3). AB renewal of approval—900.3(c) 1 1 1 15 ...... 15 ...... AB application deficiencies— 0.1 1 0.1 30...... 3 ...... 900.3(d)(2). AB resubmission of denied appli- 0.1 1 0.1 30...... 3 ...... cations—900.3(d)(5). Letter of intent to relinquish ac- 0.1 1 0.1 1...... 1 ...... creditation authority—900.3(e). Summary report describing all fa- 330 1 330 7...... 2,310 ...... $83,618 cility assessments—900.4(f). AB reporting to FDA; facility 4— 8,654 1 8,654 1...... 8,654 ...... 4,663 900.4(h). AB reporting to FDA; AB 5— 5 1 5 10...... 50 ...... 900.4(h). AB financial records—900.4(i)(2) 1 1 1 16 ...... 16 ...... Former AB new application— 0.1 1 0.1 60...... 6 ...... 900.6(c)(1). Reconsideration of accreditation 1 1 1 2...... 2 ...... following appeal— 900.15(d)(3)(ii). Application for alternative stand- 2 1 2 2...... 4 ...... ard—900.18(c). Alternative standard amend- 10 1 10 1...... 10 ...... ment—900.18(e). Certification agency application— 0.33 1 0.33 320...... 106 32,327 224 900.21(b). Certification agency application 0.1 1 0.1 30...... 3 ...... deficiencies—900.21(c)(2). Certification electronic data trans- 5 200 1,000 0.083 (5 minutes) ...... 83 ...... mission—900.22(h). Changes to standards—900.22(i) 2 1 2 30 ...... 60 ...... 22 Certification agency minor defi- 1 1 1 30...... 30 ...... ciencies—900.24(b). Appeal of adverse action taken 0.2 1 0.2 16...... 3 ...... by FDA—900.25(a). Inspection fee exemption—Form 700 1 700 0.25 (15 minutes) ...... 175 ...... FDA 3422.

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TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued

Total Activity/21 CFR section/FDA Number of Number of Total annual Average burden Total operating and 1 Form No. respondents responses per responses per response Total hours capital costs maintenance respondent costs

Total ...... 11,791 43,103 88,527 1 Total hours have been rounded. 2 One-time burden. 3 Refers to accreditation bodies applying to accredit specific full-field digital mammography units. 4 Refers to the facility component of the burden for this requirement. 5 Refers to the AB component of the burden for this requirement.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN

Number of Total Number of Total annual Average burden 1 Total operating and Activity/21 CFR section recordkeepers records per records per recordkeeping Total hours capital costs maintenance recordkeeper costs

AB transfer of facility records— 0.1 1 0.1 0...... 1 ...... 900.3(f)(1). Consumer complaints system; 5 1 5 1...... 5 ...... AB—900.4(g). Documentation of interpreting phy- 87 1 87 8 ...... 696 ...... sician initial requirements— 900.12(a)(1)(i)(B)(2). Documentation of interpreting phy- 8,654 4 34,616 1...... 34,616 ...... sician personnel requirements— 900.12(a)(4). Permanent medical record— 8,654 1 8,654 1...... 8,654 $30,171 ...... 900.12(c)(4). Procedures for cleaning equip- 8,654 52 450,008 0.083 (5 minutes) ...... 37,351 ...... ment—900.12(e)(13). Audit program—900.12(f) ...... 8,654 1 8,654 16 ...... 138,464 ...... Consumer complaints system; fa- 8,654 2 17,308 1...... 17,308 ...... cility—900.12(h)(2). Certification agency conflict of in- 5 1 5 1...... 5 ...... terest—900.22(a). Processes for suspension and rev- 5 1 5 1...... 5 ...... ocation of certificates—900.22(d). Processes for appeals—900.22(e) 5 1 5 1 ...... 5 ...... Processes for additional mammog- 5 1 5 1...... 5 ...... raphy review—900.22(f). Processes for patient notifica- 3 1 3 1...... 3 ...... $32 tions—900.22(g). Evaluation of certification agency— 5 1 5 20...... 100 ...... 900.23. Appeals—900.25(b) ...... 5 1 5 1 ...... 5 ......

Total ...... 237,223 30,171 32 1 Total hours have been rounded.

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Total Number of Total annual Average burden 2 operating and Activity/21 CFR section respondents disclosures disclosures per disclosure Total hours maintenance per respondent costs

Notification of facilities that AB relinquishes its ac- 0.1 1 0.1 200...... 20 $54 creditation—900.3(f)(2). Clinical images; facility 3—900.4(c), 900.11(b)(1), 2,885 1 2,885 1.44...... 4,154 248,670 and 900.11(b)(2). Clinical images; AB 4—900.4(c) ...... 5 1 5 416 ...... 2,080 ...... Phantom images; facility 3—900.4(d), 900.11(b)(1), 2,885 1 2,885 0.72 (43 minutes) ...... 2,077 ...... and 900.11(b)(2). Phantom images; AB 4—900.4(d) ...... 5 1 5 208 ...... 1,040 ...... Annual equipment evaluation and survey; facil- 8,654 1 8,654 1...... 8,654 9,325 ity 3—900.4(e), 900.11(b)(1), and 900.11(b)(2). Annual equipment evaluation and survey; AB 4— 5 1 5 1,730...... 8,650 ...... 900.4(e). Provisional mammography facility certificate exten- 0 1 0 0.5 (30 minutes) ...... 1 ...... sion application—900.11(b)(3). Mammography facility certificate reinstatement ap- 312 1 312 5...... 1,560 ...... plication—900.11(c). Lay summary of examination—900.12(c)(2) ...... 8,654 5,085 44,055,590 0.083 (5 minutes) ...... 3,652,464 25,861,265 Lay summary of examination; patient refusal 5— 87 1 87 0.5 (30 minutes) ...... 44 ...... 900.12(c)(2). Report of unresolved serious complaints— 20 1 20 1...... 20 ...... 900.12(h)(4). Information regarding compromised quality; facil- 20 1 20 200...... 4,000 324 ity 3—900.12(j)(1).

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TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued

Total Number of Number of Total annual Average burden operating and 2 Activity/21 CFR section respondents disclosures disclosures per disclosure Total hours maintenance per respondent costs

Information regarding compromised quality; AB 4— 20 1 20 320...... 6,400 646 900.12(j)(1). Patient notification of serious risk—900.12(j)(2) ...... 5 1 5 100 ...... 500 20,878 Reconsideration of accreditation—900.15(c) ...... 5 1 5 2 ...... 10 ...... Notification of requirement to correct major defi- 0.4 1 0.4 200...... 80 73 ciencies—900.24(a). Notification of loss of approval; major defi- 0.15 1 0.15 100...... 15 27 ciencies—900.24(a)(2). Notification of probationary status—900.24(b)(1) .... 0.3 1 0.3 200 ...... 60 55 Notification of loss of approval; minor defi- 0.15 1 0.15 100...... 15 27 ciencies—900.24(b)(3).

Total ...... 3,691,842 26,141,344 1 There are no capital costs associated with the collection of information. 2 Total hours have been rounded. 3 Refers to the facility component of the burden for this requirement. 4 Refers to the AB component of the burden for this requirement. 5 Refers to the situation where a patient specifically does not want to receive the lay summary of her exam.

FDA has adjusted the number of HHS Secretary and Congress on federal during the meeting’s public comment respondents for § 900.3(c) ‘‘AB renewal tick-borne activities and research, taking session or by submitting their views in of approval’’ to one. This adjustment into consideration the 2018 report. The writing. Comments should be pertinent resulted in a 14-hour increase to the 2020 report will address a wide range of to the meeting discussion. Persons who hour-burden estimate. Additionally, we federal activities and research related to wish to provide verbal or written public updated the capital costs and operating tick-borne diseases, such as, comment should review instructions at and maintenance costs by adjusting surveillance, prevention, diagnosis, https://www.hhs.gov/ash/advisory- them for inflation since the last update diagnostics, and treatment; identify gaps committees/tickbornedisease/meetings/ to those estimates. This adjustment in tick-borne disease research; and 2019-9-12/index.html and respond by provide recommendations to the HHS resulted in a $1,893,071 increase to the midnight Wednesday, September 4, Secretary regarding changes or estimated capital and operating and 2019, ET. Verbal comments will be maintenance costs ($24,410,106 improvements to such activities and limited to three minutes each to previously; $26,303,177 current research. In developing the report, the accommodate as many speakers as extension request). TBDWG will solicit stakeholder input. possible during the 30 minute session. DATES: The meeting will be online via Dated: August 12, 2019. Written public comments will be Lowell J. Schiller, webcast and will be held on September 12, 2019, from 8:30 a.m. to 5 p.m. ET accessible to the TBDWG members and Principal Associate Commissioner for Policy. (times are tentative and subject to public on the TBDWG web page prior to [FR Doc. 2019–17734 Filed 8–16–19; 8:45 am] change). The confirmed times and the meeting. BILLING CODE 4164–01–P agenda items for the meeting will be Background and Authority: The Tick- posted on the website for the TBDWG at Borne Disease Working Group was https://www.hhs.gov/ash/advisory- established on August 10, 2017, in committees/tickbornedisease/meetings/ accordance with Section 2062 of the DEPARTMENT OF HEALTH AND 2019-9-12/index.html when this 21st Century Cures Act, and the Federal HUMAN SERVICES information becomes available. Advisory Committee Act, 5 U.S.C. App., ADDRESSES: Members of the public may as amended, to provide expertise and Meeting of the Tick-Borne Disease also attend the meeting via webcast. review federal efforts related to tick- Working Group Instructions for attending the virtual borne diseases to help ensure meeting will be posted one week prior AGENCY: Office of the Assistant interagency coordination and minimize to the meeting at https://www.hhs.gov/ overlap, examine research priorities, Secretary for Health, Office of the ash/advisory-committees/ and identify and address unmet needs. Secretary, Department of Health and tickbornedisease/meetings/2019-9-12/ The TBDWG is required to submit a Human Services. index.html. ACTION: Notice. report to the HHS Secretary and FOR FURTHER INFORMATION CONTACT: Congress on their findings and any SUMMARY: As stipulated by the Federal James Berger, Designated Federal Officer recommendations for the federal Advisory Committee Act, the for the TBDWG; Office of Infectious response to tick-borne disease every two Department of Health and Human Disease and HIV/AIDS Policy, Office of years. Services (HHS) is hereby giving notice the Assistant Secretary for Health, that the Tick-Borne Disease Working Department of Health and Human Dated: August 6, 2019. Group (TBDWG) will hold a meeting. Services, Mary E Switzer Building, 330 James Berger, The meeting will be open to the public. C Street SW, Suite L100, Washington, Designated Federal Officer, Tick-Borne For this meeting, the Working Group DC 20024. Email: tickbornedisease@ Disease Working Group, Senior Advisor for will receive updates from the eight hhs.gov; Phone: 202–795–7697. Blood and Tissue Policy, Office of Infectious subcommittees formed at the June 4, SUPPLEMENTARY INFORMATION: The Disease and HIV/AIDS Policy. 2019, meeting and continue to focus on public will have an opportunity to [FR Doc. 2019–17689 Filed 8–16–19; 8:45 am] plans to develop the next report to the present their views to the TBDWG BILLING CODE 4150–28–P

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DEPARTMENT OF HEALTH AND Collection Request: Extension of the with the restriction. Section HUMAN SERVICES currently approved information 164.522(a)(2) permits a covered entity to collection, 0917–0030, IHS Forms to terminate its agreement to a restriction Indian Health Service Implement the Privacy Rule (45 CFR under certain conditions. For example, parts 160 & 164). Form(s): IHS–810, termination may occur if the individual Request for Public Comment: 30-Day IHS–912–1, IHS–912–2, IHS–913, and agrees to or requests the termination in Information Collection: Indian Health IHS–917. Need and Use of Information writing. 45 CFR 164.522(a)(2)(i). The Service Forms To Implement the Collection: This collection of form IHS–912–2 ‘‘Request for Privacy Rule information is made necessary by the Revocation of Restriction(s)’’ is used to AGENCY: Indian Health Service, HHS. Department of Health and Human document the individual’s request, the Services Rule entitled ‘‘Standards for ACTION: Notice and request for individual’s agreement, and/or the Privacy of Individually Identifiable comments. Request for extension of agency’s decision to terminate a Health Information’’ (Privacy Rule) (45 approval. formerly agreed to restriction regarding CFR parts 160 and 164). The Privacy the use and disclosure of protected SUMMARY: In compliance with the Rule implements the privacy health information. Paperwork Reduction Act of 1995, the requirements of the Administrative Simplification subtitle of the Health 45 CFR 164.528: This provision Indian Health Service (IHS) invites the requires covered entities to provide an general public to comment on the Insurance Portability and accounting of certain disclosures of information collection titled, ‘‘IHS Accountability Act of 1996, creates protected health information made by Forms to Implement the Privacy Rule’’ national standards to protect the covered entity. See also, 45 CFR Office of Management and Budget individual’s personal health 5b.9(c). The form IHS–913 ‘‘Request for (OMB) Control Number 0917–0030. information, and gives patients This previously approved information increased access to their medical an Accounting of Disclosures’’ is used to collection project was last published in records. 45 CFR 164.508, 164.522, document an individual’s request for an the Federal Register (84 FR 19088) on 164.526 and 164.528 of the Rule require accounting of disclosures of their May 3, 2019, and allowed 60 days for the collection of information to protected health information and the public comment. One public comment implement these protection standards agency’s handling of the request. was received in response to the notice. and access requirements. The IHS will 45 CFR 164.526: Under this provision, The comment was not pertinent to the continue to use the following data individuals have a right to amend collection itself. The purpose of this collection instruments to meet the protected health information or a record notice is to allow 30 days for public information collection requirements about the individual in a designated comment to be submitted directly to contained in the Rule. record set, under certain conditions. 45 OMB. A copy of the supporting 45 CFR 164.508: This provision CFR 164.526(a). This provision further statement is available at generally requires covered entities to requires covered entities to permit an www.regulations.gov (see Docket ID obtain or receive a valid authorization individual to request that the covered IHS_FRDOC_0001). for its use or disclosure of protected entity amend protected health health information, unless otherwise DATES: September 18, 2019. Your information. 45 CFR 164.526(b). The permitted or required by the Privacy comments regarding this information covered entity must inform the Rule. (See, e.g., 45 CFR 164.506 for a individual if the covered entity accepts collection are best assured of having full common exception to this general rule, the requested amendment, in whole or effect if received within 30 days of the which involves uses and disclosure for in part. The covered entity must provide date of this publication. treatment, payment, or healthcare the individual with a written denial ADDRESSES: Direct your comments to operations.) Individuals may initiate a containing certain information if the OMB: Send your comments and written authorization permitting covered entity denies the requested suggestions regarding the proposed covered entities to release their amendment, in whole or in part. 45 CFR information collection contained in this protected health information to entities 164.526(d)(1). The form IHS–917 notice, especially regarding the of their choosing. The form IHS–810 estimated public burden and associated ‘‘Authorization for Use or Disclosure of ‘‘Request for Correction/Amendment of response time to: Office of Management Protected Health Information’’ is used to Protected Health Information’’ will be and Budget, Office of Regulatory Affairs, document an individual’s authorization used to document an individual’s New Executive Office Building, Room to use or disclose their protected health request to amend his/her protected 10235, Washington, DC 20503, information. health information and the agency’s Attention: Desk Officer for IHS. 45 CFR 164.522: Section 164.522(a)(1) decision to accept or deny the request. FOR FURTHER INFORMATION CONTACT: To requires a covered entity to permit Completed forms used in this request additional information, please individuals to request that the covered collection of information are filed in the contact Evonne Bennett by one of the entity restrict the use and disclosure of IHS medical, health and billing record, following methods: their protected health information. The a Privacy Act System of Records Notice. • Mail: Evonne Bennett, Information covered entity may or may not agree to Affected Public: Individuals and Collection Clearance Officer, Indian the restriction, and with a limited households. Type of Respondents: Health Service, 5600 Fisher Lane, Mail exception, a covered entity is not Individuals. Burden Hours: The table stop: 09E47, Rockville, MD 20857. required to agree to a requested below provides for this information • Phone: 301–443–4750. restriction. 45 CFR 164.522(a)(1)(vi). collection: Types of data collection • Email: [email protected]. The form IHS–912–1 ‘‘Request for instruments, estimated number of SUPPLEMENTARY INFORMATION: Title of Restrictions(s)’’ is used to document an respondents, number of responses per Collection: 0917–0030, IHS Forms to individual’s request for restriction of respondent, average burden hour per Implement the Privacy Rule (45 CFR their protected health information, and response, and total annual burden parts 160 & 164). Type of Information whether the IHS agreed or disagreed hour(s).

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Average Total Number of Number of burden hour annual Data collection instrument respondents responses per per burden respondent response * hours

Authorization for Use or Disclosure of Protected Health Information (OMB Form No. 0917–0030, IHS–810) ...... 210,954 1 10/60 35,159 Request for Restriction(s) (OMB Form No. 0917–0030, IHS–912–1) ...... 214 1 10/60 36 Request for Revocation of Restriction(s) (OMB Form No. 0917–0030, IHS– 912–2) ...... 3 1 10/60 .5 Request for Accounting of Disclosures (OMB Form No. 0917–0030, IHS– 913) ...... 39 1 10/60 6.5 Request for Correction/Amendment of Protected Health Information (OMB Form No. 0917–0030, IHS–917) ...... 54 1 10/60 9

Total Annual Burden ...... 211,264 ...... 35,211 * For ease of understanding, burden hours are provided in actual minutes.

The total estimated burden for this Fishers Lane, Ste. 4076, MSC 9306, Bethesda, Name of Committee: National Advisory collection of information is 35,211 MD 20892–9306, 301–402–0838, Council on Minority Health and Health hours. [email protected]. Disparities. There are no capital costs, operating (Catalogue of Federal Domestic Assistance Date: September 9–10, 2019. costs and/or maintenance costs to Program Nos. 93.172, Human Genome Closed: September 9, 2019, 1:30 p.m. to Research, National Institutes of Health, HHS) 5:00 p.m. respondents. Agenda: To review and evaluate grant Dated: August 13, 2019. Chris Buchanan, applications. Melanie J. Pantoja, Place: National Institutes of Health, 6700B RADM, Assistant Surgeon General, U.S. Rockledge Drive, Conference Rooms A,B,C, Public Health Service, Deputy Director, Program Analyst, Office of Federal Advisory Bethesda, MD 20892. Indian Health Service. Committee Policy. [FR Doc. 2019–17676 Filed 8–16–19; 8:45 am] Open: September 10, 2019. [FR Doc. 2019–17761 Filed 8–16–19; 8:45 am] Time: 8:00 a.m. to 1:30 p.m. BILLING CODE 4140–01–P BILLING CODE 4165–16–P Agenda: Report from the institute Director, other institute staff, and group presentations. Place: National Institutes of Health, 6700B DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Rockledge Drive, Conference Rooms A,B,C, HUMAN SERVICES HUMAN SERVICES Bethesda, MD 20892. Contact Person: Joyce A. Hunter, Ph.D., National Institutes of Health National Institutes of Health Deputy Director, DEA, National Institute on Minority Health and Health Disparities, National Human Genome Research National Institute on Minority Health National Institutes of Health, 6707 Institute; Notice of Closed Meeting and Health Disparities; Notice of Democracy Boulevard, Suite 800, Bethesda, Meeting Maryland 20892–5465, 301–402–1366, Pursuant to section 10(d) of the [email protected]. Federal Advisory Committee Act, as Pursuant to section 10(d) of the Any interested person may file written amended, notice is hereby given of the Federal Advisory Committee Act, as comments with the committee by forwarding meeting of the Center for Inherited amended, notice is hereby given of a the statement to the Contact Person listed on Disease Research Access Committee. meeting of the National Advisory this notice. The statement should include the Council on Minority Health and Health name, address, telephone number and when The meeting will be closed to the applicable, the business or professional public in accordance with the Disparities. affiliation of the interested person. provisions set forth in sections The meeting will be open to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public as indicated below, with Dated: August 13, 2019. as amended. The grant applications and attendance limited to space available. Ronald J. Livingston, Jr., the discussions could disclose Individuals who plan to attend and Program Analyst, Office of Federal Advisory confidential trade secrets or commercial need special assistance, such as sign Committee Policy. property such as patentable material, language interpretation or other [FR Doc. 2019–17718 Filed 8–16–19; 8:45 am] and personal information concerning reasonable accommodations, should BILLING CODE 4140–01–P individuals associated with the grant notify the Contact Person listed below applications, the disclosure of which in advance of the meeting. DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted The meeting will be closed to the HUMAN SERVICES invasion of personal privacy. public in accordance with the Name of Committee: Center for Inherited provisions set forth in sections National Institutes of Health Disease Research Access Committee. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: September 6, 2019. as amended. The grant applications and Eunice Kennedy Shriver National Time: 8:30 a.m. to 3:30 p.m. the discussions could disclose Institute of Child Health & Human Agenda: To review and evaluate grant confidential trade secrets or commercial Development; Notice of Closed applications. property such as patentable material, Meetings Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814. and personal information concerning Contact Person: Barbara J. Thomas, Ph.D., individuals associated with the grant Pursuant to section 10(d) of the Scientific Review Officer, Scientific Review applications, the disclosure of which Federal Advisory Committee Act, as Branch, National Human Genome Research would constitute a clearly unwarranted amended, notice is hereby given of the Institute, National Institutes of Health, 5635 invasion of personal privacy. following meetings.

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The meetings will be closed to the Research; 93.209, Contraception and Place: NICHD Offices, 1425/1427, 6710B public in accordance with the Infertility Loan Repayment Program, National Rockledge Drive, Bethesda, MD 20892. provisions set forth in sections Institutes of Health, HHS) Contact Person: Robert Borie, Committee 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: August 13, 2019. Management Specialist, Eunice Kennedy Shriver National Institute of Child Health as amended. The grant applications and Ronald J. Livingston, Jr., and Human Development, NIH, 6710B the discussions could disclose Program Analyst, Office of Federal Advisory Rockledge Drive, 2221A, Bethesda, MD confidential trade secrets or commercial Committee Policy. 20892, 301.827.6244, [email protected]. property such as patentable material, [FR Doc. 2019–17716 Filed 8–16–19; 8:45 am] Any interested person may file written and personal information concerning BILLING CODE 4140–01–P comments with the committee by forwarding individuals associated with the grant the statement to the contact person listed on applications, the disclosure of which this notice. The statement should include the would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND name, address, telephone number, and when invasion of personal privacy. HUMAN SERVICES applicable, the business or professional affiliation of the interested person. Name of Committee: National Institute of National Institutes of Health In the interest of security, NIH has Child Health and Human Development Initial instituted stringent procedures for entrance Review Group Developmental Biology Eunice Kennedy Shriver National into the NIH building. Visitors will be asked Subcommittee Reproduction, Andrology and Institute of Child Health & Human to show one form of identification (for Gynecology Subcommittee. example, a government-issued photo ID, Date: October 3, 2019. Development; Notice of Meeting driver’s license, or passport) and to state the Time: 8:00 a.m. to 5:00 p.m. Pursuant to section 10(d) of the purpose of their visit. Agenda: To review and evaluate grant To facilitate public attendance at the open applications. Federal Advisory Committee Act, as amended, notice is hereby given of a session of Council in the main meeting room, Place: Embassy Suites—Chevy Chase Conference Room 1425, please contact Ms. Pavillion, 4300 Military Road NW, meeting of the National Advisory Child Lisa Kaeser, Office of Legislation and Public Washington, DC 20015. Health and Human Development Policy, NICHD, at 301–496–0536 to make Contact Person: Cathy J. Wedeen, Ph.D., Council. your reservation, additional seating will be Scientific Review Officer, Division of The meeting will be open to the available in the meeting overflow rooms, Scientific Review, OD, Eunice Kennedy public as indicated below, with Conference Rooms 1417 and 1411. Shriver National Institute of Child Health attendance limited to space available. Individuals will also be able to view the and Human Development, NIH, DHHS 6710B Individuals who plan to attend and meeting via NIH Videocast. Select the Rockledge Drive, Bethesda, MD 20892, 301– following link for Videocast access 435–6878, [email protected]. need special assistance, such as sign language interpretation or other instructions: http://www.nichd.nih.gov/ Name of Committee: National Institute of reasonable accommodations, should about/advisory/nachhd/Pages/virtual- Child Health and Human Development Initial meeting.aspx. Review Group Function, Integration, and notify the Contact Person listed below Information is also available on the Rehabilitation Sciences Subcommittee in advance of the meeting. Institute’s/Center’s home page: https:// Function, Integration, and Rehabilitation The meeting will be closed to the www.nichd.nih.gov/about/advisory/council, Sciences Subcommittee. public in accordance with the where an agenda and any additional Date: October 16, 2019. provisions set forth in sections information for the meeting will be posted Time: 8:00 a.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., when available. Agenda: To review and evaluate grant as amended. The grant applications and (Catalogue of Federal Domestic Assistance applications. the discussions could disclose Program Nos. 93.864, Population Research; Place: Embassy Suites—Chevy Chase confidential trade secrets or commercial 93.865, Research for Mothers and Children; Pavillion, 4300 Military Road NW, 93.929, Center for Medical Rehabilitation Washington, DC 20015. property such as patentable material, and personal information concerning Research; 93.209, Contraception and Contact Person: Joanna Kubler-Kielb, Infertility Loan Repayment Program, National Ph.D., Scientific Review Officer, Scientific individuals associated with the grant Institutes of Health, HHS) Review Branch, Eunice Kennedy Shriver applications, the disclosure of which National Institute of Child Health and would constitute a clearly unwarranted Dated: August 13, 2019. Human Development, 6710B Rockledge invasion of personal privacy. Ronald J. Livingston, Jr., Drive, Bethesda, MD 20892, 301–435–6916, Program Analyst, Office of Federal Advisory [email protected]. Name of Committee: National Advisory Child Health and Human Development Committee Policy. Name of Committee: National Institute of Council. [FR Doc. 2019–17717 Filed 8–16–19; 8:45 am] Child Health and Human Development Date: September 18–19, 2019. Special Emphasis Panel, Medical BILLING CODE 4140–01–P Open: September 18, 2019, 9:30 a.m. to Rehabilitation Research Resource (P2C). 4:45 p.m. Date: November 20–21, 2019. Agenda: The agenda will include opening Time: 8:00 a.m. to 5:00 p.m. remarks, administrative matters, Director’s DEPARTMENT OF HOMELAND Agenda: To review and evaluate grant Report, Division of Intramural Research SECURITY applications. Report and, other business of the Council. Place: Embassy Suites—Chevy Chase Place: NICHD Offices, 1425/1427, 6710B Coast Guard Pavillion, 4300 Military Road NW, Rockledge Drive, Bethesda, MD 20892. [Docket No. USCG–2019–0481] Washington, DC 20015. Open: September 19, 2019, 9:00 a.m. to Contact Person: Joanna Kubler-Kielb, 11:30 a.m. Scientific Review Officer, Scientific Review Agenda: The agenda will include opening Great Lakes Pilotage Advisory Branch, Eunice Kennedy Shriver National remarks, administrative matters, Division of Committee; Meeting Institute of Child Health and Human Extramural Research Report and, other AGENCY: U.S. Coast Guard, Department Development, 6710B Rockledge Drive, business of the Council. 2221A, Bethesda, MD 20892, 301–435–6916, Place: NICHD Offices, 1425/1427, 6710B of Homeland Security. [email protected]. Rockledge Drive, Bethesda, MD 20892. ACTION: Notice of Federal Advisory (Catalogue of Federal Domestic Assistance Closed: September 19, 2019, 11:30 a.m. to Committee meeting. Program Nos. 93.864, Population Research; 5:00 p.m. 93.865, Research for Mothers and Children; Agenda: To review and evaluate grant SUMMARY: The Great Lakes Pilotage 93.929, Center for Medical Rehabilitation applications. Advisory Committee will meet in Port

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Huron, Michigan, to discuss Committee Lakes Pilotage Advisory Committee, Committee discusses the issues and matters relating to Great Lakes pilotage, email [email protected] prior to deliberations and voting. There including review of proposed Great or telephone (202) 578–2815. will also be a public comment period at Lakes pilotage regulations and policies. SUPPLEMENTARY INFORMATION: Notice of the end of the meeting. Speakers are The meeting will be open to the public. this meeting is in compliance with the requested to limit their comments to 5 DATES: Meeting: The Great Lakes Federal Advisory Committee Act, Title minutes. Please note that the public Pilotage Advisory Committee will meet 5, U.S.C. Appendix. The Great Lakes comment period will end following the on Thursday, September 12, 2019, from Pilotage Advisory Committee is last call for comments. Contact the 8 a.m. to 5:30 p.m. EDT. Please note that established under the authority of 46 individual listed in the FOR FURTHER this meeting may adjourn early if the U.S.C. 9307, and makes INFORMATION CONTACT section above, to Committee has completed its business. recommendations to the Secretary of register as a speaker. Comments and supporting Homeland Security and the Coast Guard Dated: August 12, 2019. documents: To ensure your comments on matters relating to Great Lakes Michael D. Emerson, are received by Committee members pilotage, including review of proposed Director, Marine Transportation Systems. before the meeting, submit your written Great Lakes pilotage regulations and [FR Doc. 2019–17739 Filed 8–16–19; 8:45 am] comments no later than August 30, policies. 2019. BILLING CODE 9110–04–P Agenda ADDRESSES: The meeting will be held at the Great Lakes Maritime Center, 51 The Great Lakes Pilotage Advisory DEPARTMENT OF HOMELAND Court Street, Port Huron, MI 48060. Committee will meet on Thursday, SECURITY Pre-registration Information: Pre- September 12, 2019 to review, discuss, registration is not required for access. deliberate and formulate Coast Guard All attendees will be required to provide recommendations, as appropriate, on the following topics: a government-issued picture [Docket No. USCG–2019–0262] identification card in order to gain 1. Status of GLPAC Member Terms & admittance to the building. Appointments Information Collection Request to For information on facilities or 2. Rulemaking Update Office of Management and Budget; services for individuals with disabilities 3. SeaPro Demonstration OMB Control Number: 1625–0056 or to request special assistance at the 4. Rulemaking Methodology meeting, contact the individual listed in a. Traffic Projections & Methodology AGENCY: Coast Guard, DHS. the FOR FURTHER INFORMATION CONTACT b. Separate Rates for voluntary ACTION: Sixty-day notice requesting section of this notice. pilotage comments. Instructions: You are free to submit c. Use of Financial Information in comments at any time, including orally Rate-setting SUMMARY: In compliance with the at the meetings, but if you want d. Current Pilot Workforce Levels Paperwork Reduction Act of 1995, the Committee members to review your e. Transparency Improvements U.S. Coast Guard intends to submit an comment before the meetings, please f. Training expenditures/investments Information Collection Request (ICR) to submit your comments no later than 5. Dispatch Procedures the Office of Management and Budget August 30, 2019. We are particularly a. Current (OMB), Office of Information and interested in comments on the issues in b. Cruise Ship Impact and Tanker Regulatory Affairs (OIRA), requesting an the ‘‘Agenda’’ section below. You must Proposal extension of its approval for the include the words ‘‘Department of 6. Pilot Association Projects and collection of information classified Homeland Security’’ and the docket Updates under OMB Control Number 1625–0056; number USCG–0481. Written comments 7. Stakeholder Engagement without change. This collection of may also be submitted using the Federal 8. GAO Report Update information is used for issuing vessel e-Rulemaking Portal at http:// 9. Cost Control and Efficiency Study serial numbers and lables for the www.regulations.gov. If you encounter 10. Coast Guard Maritime Safety Risk following: Hull Identification Numbers; technical difficulties with comment Study U.S. Cast Guard Maximum Capacities; submission, contact the individual 11. Amending Designated Waters Gasoline Fuel Tank; USCG Type Fuel listed in the FOR FURTHER INFORMATION 12. Canadian Pilotage Reform Hose and Certified Navigation Light CONTACT section below. Comments Legislation Labels. Our ICR describes the received will be posted without 13. Legal Fees information we seek to collect from the alteration at http://www.regulations.gov, 14. Public Comments public. Before submitting this ICR to including any personal information A copy of all meeting documentation OIRA, the Coast Guard is inviting provided. You may review the Privacy will be available at https:// comments as described below. and Security Notice for the Federal dco.uscg.afpims.mil/Our-Organization/ Docket Management System at https:// Assistant-Commandant-for-Prevention- DATES: Comments must reach the Coast www.regulations.gov/privacyNotice. Policy-CG-5P/Marine-Transportation- Guard on or before October 18, 2019. Docket Search: For access to the Systems-CG-5PW/Office-of-Waterways- ADDRESSES: You may submit comments docket or to read documents or and-Ocean-Policy/Office-of-Waterways- identified by Coast Guard docket comments related to this notice, go to and-Ocean-Policy-Great-Laskes- number [USCG–2019–0262] to the Coast http://www.regulations.gov, and use Pilotage-Div/ by August 30, 2019. Guard using the Federal eRulemaking ‘‘USCG–2019–0481’’ in the ‘‘Search’’ Alternatively, you may contact Ms. Portal at https://www.regulations.gov. box, press Enter, and then click on the Ellen Engleman Conners as noted in the See the ‘‘Public participation and item you wish to view. FOR FURTHER INFORMATION CONTACT request for comments’’ portion of the FOR FURTHER INFORMATION CONTACT: Ms. section above. SUPPLEMENTARY INFORMATION section for Ellen Engleman Conners, Alternate Public comments or questions will be further instructions on submitting Designated Federal Officer of the Great taken throughout the meeting as the comments.

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A copy of the ICR is available through contain the OMB Control Number of the Respondents: Manufacturers of boats, the docket on the internet at https:// ICR and the docket number of this fuel tanks, fuel hoses and navigation www.regulations.gov. Additionally, request, [USCG–2019–0262], and must lights. copies are available from: be received by October 18, 2019. Frequency: Once. COMMANDANT (CG–612), ATTN: Hour Burden Estimate: The estimated Submitting Comments PAPERWORK REDUCTION ACT burden has increased from 204,996 MANAGER, U.S. COAST GUARD, 2703 We encourage you to submit hours to 216,144 hours a year, due to MARTIN LUTHER KING JR. AVE SE, comments through the Federal the estimated annual number of STOP 7710, WASHINGTON, DC 20593– eRulemaking Portal at https:// responses. 7710. www.regulations.gov. If your material Authority: The Paperwork Reduction FOR FURTHER INFORMATION CONTACT: Mr. cannot be submitted using https:// Act of 1995; 44 U.S.C. chapter 35, as Anthony Smith, Office of Information www.regulations.gov, contact the person amended. Management, telephone 202–475–3532, in the FOR FURTHER INFORMATION Dated: August 13, 2019. CONTACT section of this document for or fax 202–372–8405, for questions on James D. Roppel, these documents. alternate instructions. Documents mentioned in this notice, and all public U.S. Coast Guard, Chief, Office of Information SUPPLEMENTARY INFORMATION: Management. comments, are in our online docket at Public Participation and Request for https://www.regulations.gov and can be [FR Doc. 2019–17738 Filed 8–16–19; 8:45 am] Comments viewed by following that website’s BILLING CODE 9110–04–P This notice relies on the authority of instructions. Additionally, if you go to the Paperwork Reduction Act of 1995; the online docket and sign up for email DEPARTMENT OF HOMELAND 44 U.S.C. chapter 35, as amended. An alerts, you will be notified when SECURITY ICR is an application to OIRA seeking comments are posted. the approval, extension, or renewal of a We accept anonymous comments. All Coast Guard Coast Guard collection of information comments received will be posted (Collection). The ICR contains without change to https:// [Docket No. USCG–2019–0348] information describing the Collection’s www.regulations.gov and will include purpose, the Collection’s likely burden any personal information you have Collection of Information Under on the affected public, an explanation of provided. For more about privacy and Review by Office of Management and the necessity of the Collection, and the docket, you may review a Privacy Budget; OMB Control Number: 1625– other important information describing Act notice regarding the Federal Docket 0037 the Collection. There is one ICR for each Management System in the March 24, Collection. 2005, issue of the Federal Register (70 AGENCY: Coast Guard, DHS. The Coast Guard invites comments on FR 15086). ACTION: Thirty-day notice requesting whether this ICR should be granted Information Collection Request comments. based on the Collection being necessary SUMMARY: for the proper performance of Title: Labeling required in 33 CFR In compliance with the Departmental functions. In particular, parts 181 and 183 and 46 CFR 25.10–3. Paperwork Reduction Act of 1995 the the Coast Guard would appreciate OMB Control Number: 1625–0056. U.S. Coast Guard is forwarding an comments addressing: (1) The practical Summary: Parts 181 and 183 of Title Information Collection Request (ICR), utility of the Collection; (2) the accuracy 33, Code of Federal Regulations and 46 abstracted below, to the Office of of the estimated burden of the CFR 25.10–3 contain the regulations and Management and Budget (OMB), Office Collection; (3) ways to enhance the safety standards authorized by the of Information and Regulatory Affairs quality, utility, and clarity of statutes which apply to manufacturers (OIRA), requesting an extension of its information subject to the Collection; of recreational boats, un-inspected approval for the following collection of and (4) ways to minimize the burden of commercial vessels and associated information: 1625–0037, Certificates of the Collection on respondents, equipment. The requlations and safety Compliance, Boiler/Pressure Vessel including the use of automated standards contain information Repairs, Cargo Gear Records, Shipping collection techniques or other forms of colletions, which require boat and Papers, and NFPA 10 Certificates; information technology. Consistent with associated equipment manufacturers, without change. Our ICR describes the the requirements of Executive Order importers and the boating public to information we seek to collect from the 13771, Reducing Regulation and apply for serial numbers and to display public. Review and comments by OIRA Controlling Regulatory Costs, and various labels evidencing compliance: ensure we only impose paperwork Executive Order 13777, Enforcing the Hull Identification Numbers; U.S. Coast burdens commensurate with our Regulatory Reform Agenda, the Coast Guard Maximum Capacities Label; performance of duties. Guard is also requesting comments on Gasoline Fuel Tank Label; USCG Type DATES: Comments must reach the Coast the extent to which this request for Fuel Hose Label; and Certified Guard and OIRA on or before September information could be modified to reduce Navigation Light Label. 18, 2019. the burden on respondents. Need: Title 46 U.S.C. 4302(a)(3) gives ADDRESSES: You may submit comments In response to your comments, we the Coast Guard the authority to require identified by Coast Guard docket may revise the this ICR or decide not to the display of seals, labels, plates, number [USCG–2019–0348] to the Coast seek an extension of approval for the insignia, or other devices for certifying Guard using the Federal eRulemaking Collection. We will consider all or evidencing compliance with safety Portal at https://www.regulations.gov. comments and material received during regulations and standards of the United Alternatively, you may submit the comment period. States Government for recreational comments to OIRA using one of the We encourage you to respond to this vessels and associated equipment. following means: request by submitting comments and Forms: CG–9070, Application for (1) Email: OIRA-submission@ related materials. Comments must Manufacturer Identification Code (MIC). omb.eop.gov.

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(2) Mail: OIRA, 725 17th Street NW, related materials. Comments to Coast property, and the environment. These Washington, DC 20503, attention Desk Guard or OIRA must contain the OMB regulations are prescribed in Title 46 Officer for the Coast Guard. Control Number of the ICR. They must Code of Federal Regulations. (3) Fax: 202–395–6566. To ensure also contain the docket number of this Forms: CG–3585, Certificate of your comments are received in a timely request, [USCG–2019–0348], and must Compliance; CG–5437A, Port State manner, mark the fax, attention Desk be received by September 18, 2019. Control Report of Inspection—Form A; Officer for the Coast Guard. CG–5437B, Port State Control Report of A copy of the ICR is available through Submitting Comments Inspection—Form B. the docket on the internet at https:// We encourage you to submit Respondents: Owners and operators www.regulations.gov. Additionally, comments through the Federal of vessels. copies are available from: Commandant eRulemaking Portal at https:// Frequency: On occasion. (CG–612), Attn: Paperwork Reduction www.regulations.gov. If your material Hour Burden Estimate: The estimated Act Manager, U.S. Coast Guard, 2703 cannot be submitted using https:// burden has increased from 14,793 hours Martin Luther King Jr. Ave SE, Stop www.regulations.gov, contact the person to 18,703 hours a year, due to an 7710, Washington, DC 20593–7710. in the FOR FURTHER INFORMATION increase in the estimated annual FOR FURTHER INFORMATION CONTACT: Mr. CONTACT section of this document for number of responses. Anthony Smith, Office of Information alternate instructions. Documents Authority: The Paperwork Reduction Act Management, telephone 202–475–3532, mentioned in this notice, and all public of 1995; 44 U.S.C. chapter 35, as amended. or fax 202–372–8405, for questions on comments, are in our online docket at Dated: August 13, 2019. these documents. https://www.regulations.gov and can be James D. Roppel, SUPPLEMENTARY INFORMATION: viewed by following that website’s U.S. Coast Guard, Chief, Office of Information instructions. Additionally, if you go to Public Participation and Request for Management. the online docket and sign up for email [FR Doc. 2019–17712 Filed 8–16–19; 8:45 am] Comments alerts, you will be notified when BILLING CODE 9110–04–P This notice relies on the authority of comments are posted. the Paperwork Reduction Act of 1995; We accept anonymous comments. All 44 U.S.C. chapter 35, as amended. An comments received will be posted DEPARTMENT OF HOMELAND ICR is an application to OIRA seeking without change to https:// SECURITY the approval, extension, or renewal of a www.regulations.gov and will include Coast Guard collection of information any personal information you have Coast Guard (Collection). The ICR contains provided. For more about privacy and [Docket No. USCG–2019–0703] information describing the Collection’s the docket, you may review a Privacy purpose, the Collection’s likely burden Act notice regarding the Federal Docket Information Collection Request to on the affected public, an explanation of Management System in the March 24, Office of Management and Budget; the necessity of the Collection, and 2005, issue of the Federal Register (70 OMB Control Number: 1625–NEW other important information describing FR 15086). the Collection. There is one ICR for each OIRA posts its decisions on ICRs AGENCY: Coast Guard, DHS. Collection. online at http://www.reginfo.gov/public/ ACTION: Sixty-day notice requesting The Coast Guard invites comments on do/PRAMain after the comment period comments. whether this ICR should be granted for each ICR. An OMB notice of Action SUMMARY: based on the Collection being necessary on each ICR will become available via In compliance with the for the proper performance of a hyperlink in the OMB Control Paperwork Reduction Act of 1995, the Departmental functions. In particular, Number: 1625–0037. U.S. Coast Guard intends to submit an the Coast Guard would appreciate Information Collection Request (ICR) to comments addressing: (1) The practical Previous Request for Comments the Office of Management and Budget utility of the Collection; (2) the accuracy This request provides a 30-day (OMB), Office of Information and of the estimated burden of the comment period required by OIRA. The Regulatory Affairs (OIRA), requesting Collection; (3) ways to enhance the Coast Guard has published the 60-day approval for the following collection of quality, utility, and clarity of notice (84 FR 24532, May 28, 2019) information: 1625–NEW, Intermodal information subject to the Collection; required by 44 U.S.C. 3506(c)(2). That Container Inspection Program. Our ICR and (4) ways to minimize the burden of notice elicited one comment. The describes the information we seek to the Collection on respondents, comment was supportive of the ICR. collect from the public. Before including the use of automated Accordingly, no changes have been submitting this ICR to OIRA, the Coast collection techniques or other forms of made to the Collection. Guard is inviting comments as information technology. Consistent with described below. the requirements of Executive Order Information Collection Request DATES: Comments must reach the Coast 13771, Reducing Regulation and Title: Certificates of Compliance, Guard on or before October 18, 2019. Controlling Regulatory Costs, and Boiler/Pressure Vessel Repairs, Cargo ADDRESSES: You may submit comments Executive Order 13777, Enforcing the Gear Records, Shipping Papers, and identified by Coast Guard docket Regulatory Reform Agenda, the Coast NFPA 10 Certificates. number [USCG–2019–0703] to the Coast Guard is also requesting comments on OMB Control Number: 1625–0037. Guard using the Federal eRulemaking the extent to which this request for Summary: This information is needed Portal at https://www.regulations.gov. information could be modified to reduce to enable the Coast Guard to fulfill its See the ‘‘Public participation and the burden on respondents. These responsibilities for maritime safety request for comments’’ portion of the comments will help OIRA determine under Title 46, U.S. Code. SUPPLEMENTARY INFORMATION section for whether to approve the ICR referred to Need: Title 46 U.S. Code 3301, 3305, further instructions on submitting in this notice. 3306, 3702, 3703, 3711, and 3714 comments. We encourage you to respond to this authorizes the Coast Guard to establish A copy of the ICR is available through request by submitting comments and marine safety regulations to protect life, the docket on the internet at https://

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www.regulations.gov. Additionally, Submitting Comments Authority: The Paperwork Reduction copies are available from: Act of 1995; 44 U.S.C. chapter 35, as We encourage you to submit COMMANDANT (CG–612), ATTN: amended. comments through the Federal PAPERWORK REDUCTION ACT eRulemaking Portal at https:// Dated: August 13, 2019. MANAGER, U.S. COAST GUARD, 2703 www.regulations.gov. If your material James D. Roppel, MARTIN LUTHER KING JR. AVE SE, cannot be submitted using https:// STOP 7710, WASHINGTON, DC 20593– U.S. Coast Guard, Chief, Office of Information www.regulations.gov, contact the person Management. 7710. in the FOR FURTHER INFORMATION [FR Doc. 2019–17737 Filed 8–16–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. CONTACT section of this document for BILLING CODE 9110–04–P Anthony Smith, Office of Information alternate instructions. Documents Management, telephone 202–475–3532, mentioned in this notice, and all public or fax 202–372–8405, for questions on comments, are in our online docket at DEPARTMENT OF HOMELAND these documents. https://www.regulations.gov and can be SECURITY SUPPLEMENTARY INFORMATION: viewed by following that website’s Public Participation and Request for instructions. Additionally, if you go to Coast Guard Comments the online docket and sign up for email [Docket No. USCG–2019–0261] alerts, you will be notified when This notice relies on the authority of Collection of Information Under the Paperwork Reduction Act of 1995; comments are posted. Review by Office of Management and 44 U.S.C. chapter 35, as amended. An We accept anonymous comments. All Budget; OMB Control Number: 1625– ICR is an application to OIRA seeking comments received will be posted 0067. the approval, extension, or renewal of a without change to https:// www.regulations.gov and will include Coast Guard collection of information AGENCY: Coast Guard, DHS. (Collection). The ICR contains any personal information you have provided. For more about privacy and ACTION: Thirty-day notice requesting information describing the Collection’s comments. purpose, the Collection’s likely burden the docket, you may review a Privacy on the affected public, an explanation of Act notice regarding the Federal Docket SUMMARY: In compliance with the the necessity of the Collection, and Management System in the March 24, Paperwork Reduction Act of 1995 the other important information describing 2005, issue of the Federal Register (70 U.S. Coast Guard is forwarding an the Collection. There is one ICR for each FR 15086). Information Collection Request (ICR), Collection. Information Collection Request abstracted below, to the Office of The Coast Guard invites comments on Management and Budget (OMB), Office whether this ICR should be granted Title: Intermodal Container Inspection of Information and Regulatory Affairs based on the Collection being necessary Program. (OIRA), requesting: An extension of its for the proper performance of OMB Control Number: 1625–NEW. approval for the following collection of Departmental functions. In particular, Summary: The Coast Guard inspects information: 1625–0067, Claims under the Coast Guard would appreciate containers and cargo within containers the Oil Pollution Act of 1990; without comments addressing: (1) The practical to ensure compliance with domestic and change. Our ICR describes the utility of the Collection; (2) the accuracy international standards. Coast Guard- information we seek to collect from the of the estimated burden of the issued forms provide stakeholders with public. Review and comments by OIRA Collection; (3) ways to enhance the the results of container examinations. ensure we only impose paperwork quality, utility, and clarity of Need: Under the National Container burdens commensurate with our information subject to the Collection; Inspection Program, Coast Guard performance of duties. and (4) ways to minimize the burden of personnel inspect intermodal containers DATES: Comments must reach the Coast the Collection on respondents, and cargo within containers to ensure Guard and OIRA on or before September including the use of automated compliance with applicable regulations 18, 2019. collection techniques or other forms of and to promote maritime safety, ADDRESSES: information technology. Consistent with security, and stewardship for U.S. ports You may submit comments the requirements of Executive Order and waterways. Specifically, the Coast identified by Coast Guard docket 13771, Reducing Regulation and Guard inspects containers for number [USCG–2019–0261] to the Coast Controlling Regulatory Costs, and compliance with the— Guard using the Federal eRulemaking Portal at https://www.regulations.gov. Executive Order 13777, Enforcing the • Federal Hazardous Materials Alternatively, you may submit Regulatory Reform Agenda, the Coast Transportation Law, Guard is also requesting comments on • comments to OIRA using one of the International Safe Container Act, following means: the extent to which this request for and information could be modified to reduce (1) Email: OIRA-submission@ • International Maritime Dangerous the burden on respondents. omb.eop.gov. Goods Code. In response to your comments, we (2) Mail: OIRA, 725 17th Street NW, may revise the this ICR or decide not to Forms: CG–5577, Intermodal Washington, DC 20503, attention Desk seek approval for the Collection. We Container Inspection Report; CG– Officer for the Coast Guard. will consider all comments and material 5577A, Intermodal Container Non- (3) Fax: 202–395–6566. To ensure received during the comment period. Deficiency Inspection Report; CG– your comments are received in a timely We encourage you to respond to this 5577B, Intermodal Container Targeted manner, mark the fax, attention Desk request by submitting comments and Inspection Report. Officer for the Coast Guard. related materials. Comments must Respondents: Operators of container A copy of the ICR is available through contain the OMB Control Number of the facilities. the docket on the internet at https:// ICR and the docket number of this Frequency: On occasion. www.regulations.gov. Additionally, request, [USCG–2019–0703], and must Hour Burden Estimate: The estimated copies are available from: be received by October 18, 2019. burden is 625 hours annually. COMMANDANT (CG–612), ATTN:

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PAPERWORK REDUCTION ACT eRulemaking Portal at https:// in the estimated annual number of MANAGER, U.S. COAST GUARD, 2703 www.regulations.gov. If your material responses. MARTIN LUTHER KING JR. AVE. SE, cannot be submitted using https:// Authority: The Paperwork Reduction STOP 7710, WASHINGTON, DC 20593– www.regulations.gov, contact the person Act of 1995; 44 U.S.C. chapter 35, as 7710. in the FOR FURTHER INFORMATION amended. FOR FURTHER INFORMATION CONTACT: Mr. CONTACT section of this document for Dated: August 13, 2019. Anthony Smith, Office of Information alternate instructions. Documents James D. Roppel, Management, telephone 202–475–3532, mentioned in this notice, and all public U.S. Coast Guard, Chief, Office of Information or fax 202–372–8405, for questions on comments, are in our online docket at Management. these documents. https://www.regulations.gov and can be [FR Doc. 2019–17707 Filed 8–16–19; 8:45 am] viewed by following that website’s SUPPLEMENTARY INFORMATION: BILLING CODE 9110–04–P instructions. Additionally, if you go to Public Participation and Request for the online docket and sign up for email Comments alerts, you will be notified when DEPARTMENT OF HOMELAND This notice relies on the authority of comments are posted. SECURITY the Paperwork Reduction Act of 1995; We accept anonymous comments. All 44 U.S.C. chapter 35, as amended. An comments received will be posted U.S. Customs and Border Protection ICR is an application to OIRA seeking without change to https:// New Date for the October 2019 the approval, extension, or renewal of a www.regulations.gov and will include Customs Broker’s License Coast Guard collection of information any personal information you have Examination (Collection). The ICR contains provided. For more about privacy and the docket, you may review a Privacy information describing the Collection’s AGENCY: U.S. Customs and Border purpose, the Collection’s likely burden Act notice regarding the Federal Docket Protection, Department of Homeland on the affected public, an explanation of Management System in the March 24, Security. 2005, issue of the Federal Register (70 the necessity of the Collection, and ACTION: General notice. other important information describing FR 15086). the Collection. There is one ICR for each OIRA posts its decisions on ICRs SUMMARY: This document announces Collection. The Coast Guard invites online at http://www.reginfo.gov/public/ that U.S. Customs and Border Protection comments on whether this ICR should do/PRAMain after the comment period has changed the date on which the be granted based on the Collection being for each ICR. An OMB notice of Action semi-annual examination for an necessary for the proper performance of on each ICR will become available via individual broker’s license will be held Departmental functions. In particular, a hyperlink in the OMB Control in October 2019. the Coast Guard would appreciate Number: 1625–0067. DATES: The customs broker’s license comments addressing: (1) The practical Previous Request for Comments examination scheduled for October 2019 will be held on Thursday, October 17, utility of the Collection; (2) the accuracy This request provides a 30-day 2019. of the estimated burden of the comment period required by OIRA. The Collection; (3) ways to enhance the Coast Guard has published the 60-day FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of notice (84 FR 24531, May 28, 2019) Randy Mitchell, Director, Commercial information subject to the Collection; required by 44 U.S.C. 3506(c)(2). That Operations, Revenue and Entry, Office and (4) ways to minimize the burden of notice elicited no comments. of Trade, (202) 325–6532, or the Collection on respondents, Accordingly, no changes have been [email protected]. including the use of automated made to the Collections. SUPPLEMENTARY INFORMATION: collection techniques or other forms of information technology. Consistent with Information Collection Request Background the requirements of Executive Order Title: Claims under the Oil Pollution Section 641 of the Tariff Act of 1930, 13771, Reducing Regulation and Act of 1990. as amended (19 U.S.C. 1641), provides Controlling Regulatory Costs, and OMB Control Number: 1625–0067. that a person (an individual, Executive Order 13777, Enforcing the Summary: This information collection corporation, association, or partnership) Regulatory Reform Agenda, the Coast provides the means to develop and must hold a valid customs broker’s Guard is also requesting comments on submit a claim to the National Pollution license and permit in order to transact the extent to which this request for Funds Center to seek compensation for customs business on behalf of others, information could be modified to reduce removal costs and damages incurred sets forth standards for the issuance of the burden on respondents. These resulting from an oil discharge or brokers’ licenses and permits, and comments will help OIRA determine substantial threat of discharge. This provides for the taking of disciplinary whether to approve the ICR referred to collection also provides the action against brokers that have engaged in this notice. requirements for a responsible party to in specified types of infractions. This We encourage you to respond to this advertise where claims may be sent after section also provides that an request by submitting comments and an incident occurs. examination may be conducted to assess related materials. Comments to Coast Need: This information collection is an applicant’s qualifications for a Guard or OIRA must contain the OMB required by 33 CFR part 136, for license. Control Number of the ICR. They must implementing 33 U.S.C. 2713(e) and 33 The regulations issued under the also contain the docket number of this U.S.C. 2714(b). authority of section 641 are set forth in request, [USCG–2019–0261], and must Forms: None. Title 19 of the Code of Federal be received by September 18, 2019. Respondents: Claimants. Regulations, part 111 (19 CFR 111). Part Frequency: On occasion. 111 sets forth the regulations regarding Submitting Comments Hour Burden Estimate: The estimated the licensing of, and granting of permits We encourage you to submit burden has decreased from 9,370 hours to, persons desiring to transact customs comments through the Federal to 2,620 hours a year, due to a decrease business as customs brokers. These

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regulations also include the this proposal. Comments should refer to parties concerning the collection of qualifications required of applicants and the proposal by name and/or OMB information described in Section A on the procedures for applying for licenses Control Number and should be sent to: the following: and permits. Section 111.11 of the CBP Colette Pollard, Reports Management (1) Whether the proposed collection regulations (19 CFR 111.11) sets forth Officer, QDAM, Department of Housing of information is necessary for the the basic requirements for a broker’s and Urban Development, 451 7th Street proper performance of the functions of license, and in paragraph (a)(4) of that SW, Room 4176, Washington, DC the agency, including whether the section provides that an applicant for an 20410–5000; telephone 202–402–3400 information will have practical utility; individual broker’s license must attain a (this is not a toll-free number) or email (2) The accuracy of the agency’s passing grade (75 percent or higher) on at [email protected] for a copy of estimate of the burden of the proposed a written examination. the proposed forms or other available collection of information; (3) Ways to Section 111.13 of the CBP regulations information. Persons with hearing or enhance the quality, utility, and clarity (19 CFR 111.13) sets forth the speech impairments may access this of the information to be collected; and requirements and procedures for the number through TTY by calling the toll- (4) Ways to minimize the burden of the written examination for an individual free Federal Relay Service at (800) 877– collection of information on those who broker’s license and states that written 8339. are to respond; including through the customs broker’s license examinations FOR FURTHER INFORMATION CONTACT: use of appropriate automated collection will be given on the fourth Wednesday Natalia Yee, Director, Single Family techniques or other forms of information in April and October unless the Insurance Operations Division, technology, e.g., permitting electronic regularly scheduled examination date Department of Housing and Urban submission of responses. conflicts with a national holiday, Development, 451 7th Street SW, HUD encourages interested parties to religious observance, or other Washington, DC 20410; email or submit comment in response to these foreseeable event. telephone 202–402–3506. This is not a questions. Due to an unforeseen impediment to toll-free number. Persons with hearing C. Authority optimal conditions for administering the or speech impairments may access this test, CBP has decided to change the number through TTY by calling the toll- Section 3507 of the Paperwork regularly scheduled date of the free Federal Relay Service at (800) 877– Reduction Act of 1995, 44 U.S.C. examination. This document announces 8339. chapter 35. that CBP has scheduled the October Copies of available documents Dated: August 7, 2019. 2019 customs broker’s license submitted to OMB may be obtained Colette Pollard, examination for Thursday, October 17, from Ms. Pollard. Department Reports Management Officer, 2019. SUPPLEMENTARY INFORMATION: This Office of the Chief Information Officer. Dated: August 12, 2019. notice informs the public that HUD is [FR Doc. 2019–17823 Filed 8–16–19; 8:45 am] Brenda B. Smith, seeking approval from OMB for the BILLING CODE 4210–67–P Executive Assistant Commissioner, Office of information collection described in Trade. Section A. [FR Doc. 2019–17780 Filed 8–16–19; 8:45 am] The Federal Register notice that DEPARTMENT OF HOUSING AND BILLING CODE 9111–14–P solicited public comments on the URBAN DEVELOPMENT information for a period of 60 days was [Docket No. FR–7015–N–08] published on May 22, 2019. DEPARTMENT OF HOUSING AND A. Overview of Information Collection 60-Day Notice of Proposed Information URBAN DEVELOPMENT Collection: Family Report, MTW Family Title of Information Collection: Single Report, MTW Expansion Family Report [Docket No. FR–7011–N–36] Family Insurance Premium Collection Subsystem—Upfront (Lender AGENCY: Office of the Assistant 60-Day Notice of Proposed Information Assistance). Secretary for Public and Indian Collection: Single Family Premium OMB Approval Number: 2502–0423. Housing, HUD. Collection Subsystem-Upfront Type of Request: Revision. ACTION: Notice. (SFPCS–U) Form Number: None. Description of the need for the SUMMARY: HUD is seeking approval from AGENCY: Office of the Assistant information and proposed use: To the Office of Management and Budget Secretary for Housing—Federal Housing continue to collect MIP information and (OMB) for the information collection Commissioner, HUD. improve customer service and FHA described below. In accordance with the ACTION: Notice. lender portfolio management Paperwork Reduction Act, HUD is SUMMARY: HUD is seeking approval from capabilities. requesting comment from all interested the Office of Management and Budget Respondents: Business or other for parties on the proposed collection of (OMB) for the information collection profit. information. The purpose of this notice described below. In accordance with the Estimated Number of Respondents: is to allow for 60 days of public Paperwork Reduction Act, HUD is 3153. comment. Estimated Number of Responses: requesting comment from all interested DATES: Comments Due Date: October 18, parties on the proposed collection of 27,718. Frequency of Response: 12 per year/ 2019. information. The purpose of this notice monthly. ADDRESSES: Interested persons are is to allow for an additional 30 days of Average Hours per Response: .15. invited to submit comments regarding public comment. Total Estimated Burdens: 4,157 hours. this proposal. Comments should refer to DATES: Comments Due Date: September the proposal by name and/or OMB 18, 2019. B. Solicitation of Public Comment Control Number and should be sent to: ADDRESSES: Interested persons are This notice is soliciting comments Colette Pollard, Reports Management invited to submit comments regarding from members of the public and affected Officer, QDAM, Department of Housing

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and Urban Development, 451 7th Street 8 Housing Choice Voucher, Section 8 conversion a public housing unit SW, Room 4176, Washington, DC Project-Based Vouchers, and Moving to becomes a project-based voucher unit). 20410–5000; telephone 202–402–3400 Work (MTW) Demonstration programs. • Line 2w, End of participation (this is not a toll-free number) or email The information collected through the reasons: This data will assist PHAs and at [email protected] for a copy of Form HUD–50058 MTW Expansion will HUD determine and track the reasons the proposed forms or other available be used to monitor and evaluate the why families are ending participation in information. Persons with hearing or expansion MTW PHAs (PHAs the PHA’s program if the PHA is speech impairments may access this designated as MTW pursuant to the submitting an End of Participation number through TTY by calling the toll- 2016 Expansion Statute) that are action type. • free Federal Relay Service at (800) 877– participating in the MTW Line 8u, Total allowances 8339. Demonstration program, which includes determined by PHA: PHAs utilizing waivers outlined in the MTW FOR FURTHER INFORMATION CONTACT: Public Housing, Section 8 Housing Arlette Mussington, Office of Policy, Choice Voucher, Section 8 Project-Based Operations Notice should use this line to report the total amount of allowances Programs and Legislative Initiatives, Vouchers, Local Non-Traditional that will later be used in the calculation PIH, Department of Housing and Urban Property-Based, and Local, Non- of the family’s adjusted annual income. Development, 451 7th Street SW, Room Traditional Tenant-Based programs. This line will also be used when a 3178, Washington, DC 20410; telephone Tenant data is collected to understand family is a participant in the for Local, 202–402–4109, (this is not a toll-free demographic, family profile, income, Non-Traditional Property-Based or number). Persons with hearing or and housing information for Local, Non-Traditional Tenant-Based speech impairments may access this participants in the Public Housing, Section 8 Housing Choice Voucher, programs. This line was added since number via TTY by calling the Federal Section 8 Project Based Certificate, line 8x, Total allowances, cannot be Information Relay Service at (800) 877– Section 8 Moderate Rehabilitation, and used in these instances. 8339. Copies of available documents MTW Demonstration programs. This • Line 10v, Date over-income family submitted to OMB may be obtained data also allows HUD to monitor the exceeded the two-year grace period: from Ms. Mussington. performance of programs and the Added to capture the date an over- SUPPLEMENTARY INFORMATION: This performance of public housing agencies income family exceeded the two-year notice informs the public that HUD is that administer the programs. grace period outlined in Housing seeking approval from OMB for the Opportunity Through Modernization information collection described in Reason for PRA Act of 2016 (HOTMA) and related Section A. No changes have been made to the guidance and must begin paying over- A. Overview of Information Collection Forms HUD–50058 Family Report and income rent. This is added to assist HUD–50058 MTW Family Report. HUD PHAs in tracking this information for Title of Information Collection: is seeking comments for the new Form each family. Family Report, MTW Family Report, HUD–50058 MTW Expansion, which is • Line 10w, Alternate tenant rent: MTW Expansion Family Report. a derivative of the HUD–50058 and PHAs will use this line to record the OMB Approval Number: 2577–0083. HUD–50058 MTW, to collect data from amount of rent paid by a family if one Type of Request: Revision of a the MTW expansion PHAs. As with the of the alternate types of rent is selected currently approved collection. HUD–50058 and HUD–50058 MTW, this in line 10u, Type of rent selected. Form Number: Form HUD–50058 data will be used to understand • Lines 11u and 11ap, MTW specific Family Report, HUD–50058 MTW demographic, family profile, income, alternate rent type: Will be used to Family Report, Form HUD–50058 MTW and housing information. It will also be indicate the MTW specific alternate rent Expansion Family Report. used to evaluate the MTW expansion type the family’s rent is determined by Description of the need for the agencies, as required by statute, if the family’s rent is not calculated information and proposed use: The according to the specific evaluation using the standard rent calculation Office of Public and Indian Housing of criteria set forth for each cohort that detailed on the form. Can be used for the Department of Housing and Urban PHAs are being admitted to the MTW the Local, Non-Traditional Property- Development (HUD) provides funding to program. Based program if one of these alternate public housing agencies (PHAs) to Most of the data elements on the Form rent types is applicable. Line 11ap is administer assisted housing programs. HUD–50058 MTW Expansion are from only for used for prorated assistance for Form HUD–50058, Form HUD–50058 the HUD–50058 and HUD–50058 MTW mixed families is used in conjunction MTW, and Form HUD–50058 MTW and are being utilized with no changes. with line 11aq. Expansion Family Reports solicit There are some data elements, however, • Lines 11v and 11aq, Alternate demographic, family profile, income that have been changed, removed, or tenant rent: PHAs will use this line to and housing information on the entire added from their original content to record the amount of rent paid by a nationwide population of tenants meet the needs of the MTW expansion family member if one of the alternate residing in assisted housing. The data collection and evaluation. Those rent types is selected in line 11u, MTW information collected through the Form items are outlined below. The items specific alternate rent type, or if the HUD–50058 will be used to monitor and noted below are only applicable to family is participating in the for the evaluate the Public Housing, Section 8 MTW expansion PHAs submitting the Local, Non-Traditional Property-Based Housing Choice Voucher, Section 8 Form HUD–50058 MTW Expansion. program. Line 11aq is only for used for Project-Based Vouchers, and Section 8 prorated assistance for mixed families is Moderate Rehabilitation programs. The Line Additions used in conjunction with line 11ap. information collected through the Form • Line 1h, Unit Real Estate ID • Lines 12x and 12ak, MTW specific HUD–50058 MTW will be used to Number: This is for the unique alternate rent type: Will be used to monitor and evaluate current MTW identifier that each unit will be assigned indicate the MTW specific alternate rent PHAs participating in the Moving to in the PIC system so that units can be type the family’s rent is determined by Work (MTW) Demonstration program identified and tracked even if they if the family’s rent is not calculated which includes Public Housing, Section change programs (i.e., through a RAD using the standard rent calculation

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detailed on the form. Can be used for data that would serve as a baseline for • Line 11d, Did family move into your the Local, Non-Traditional Tenant- a household when there was no data in PHA jurisdiction under portability, line Based program if one of these alternate PIC after the initial migration to PIC. 11e, Cost billed per month, and line 11f, rent types is applicable. Line 12ak is • Line 2m, Special program: Removed PHA code billed: These lines were only for used for prorated assistance for the selection for Welfare to Work removed. Per 24 CFR 983.261 the family mixed families and is used in Voucher since this program no longer may request to move under portability, conjunction with line 12am. exists. but must first receive a tenant-based • Lines 12y and 12am, Alternate • Line 2v, MTW self-sufficiency voucher. PHAs must change the voucher tenant rent: PHAs will use this line to program participation now or in last type on the 50058 submission to reflect record the amount of rent paid by a year: This line was on the HUD–50058 this prior to submitting a Portability family member if one of the alternate MTW as line 2m. Line 2m is already in Move-out action type. rent types is selected in line 12x, MTW use on the HUD–50058 so assigned the • Line 17a, Participate in special specific alternate rent type, or if the next available line number. programs: The reference to Welfare to family is participating in the for the • Line 3g, Gender: The title of this Work Voucher was removed and Local, Non-Traditional Tenant-Based line was changed from ‘‘Sex’’ to replaced by MTW self-sufficiency. This program. Line 12am is only for used for ‘‘Gender’’ and an additional response will allow PHAs to indicate if the prorated assistance for mixed families is code was added. Many PHAs have household is a participant in one or used in conjunction with line 12ak. requested a response of ‘‘X’’ be allowed • both programs. Lines 17p through 17r, MTW Self- due to many localities issuing gender • Sufficiency Program section: These lines Line 17e, MTW self-sufficiency neutral identification cards. report category, line 17f, MTW self- allow PHAs to report MTW self- • Line 4f, Is there a HUD approved sufficiency participation data and sufficiency effective date, and 17g, PHA income targeting disregard: This line code of PHA administering MTW self- remain unchanged from the HUD–50058 was removed since it was only MTW. sufficiency contract: These items are applicable to the Welfare to Work unchanged from the HUD–50058 MTW Line Changes and Removals (WtW) program. and replaced the Welfare to Work • Line 8x, Total allowances: This line • Line 1c, Program: Utilized the (WtW) content on these lines. reflects that it is to be used if the new program type codes from the HUD– • Line 17i, FSS family services table: line 8u, Total allowances determined by 50058 MTW with the exceptions listed Clarified that this table is to only be PHA, is not be used and that it is not below. These program codes are more used for FSS participants. used for the two Local, Non-Traditional specific than the HUD–50058 program • Line 17n, MTW self-sufficiency codes and allow for differentiation of programs. • Line 8y, adjusted annual income: Contract Information: This replaces the tenant-based and project-based Welfare to Work (WtW) program assistance, which are both under the VO This line reflects the addition of line 8u, Total allowances determined by PHA, in information line. (Voucher) code on the HUD–50058. Many of the PIC system validations Æ Local, Non-Traditional the calculation of the adjusted annual (errors) for Sections 8 through 15 of the Homeownership is not applicable in the income. • form, which deal with allowances and MTW expansion. Line 10c, Income based ceiling rent: Æ Clarified that Local, Non- This line was removed since ceiling rent calculation, will either be relaxed Traditional Assistance is tenant-based. rents are no longer used. from fatal errors to warnings or may be Æ Added Local, Non-Traditional • Line 10u, Type of rent selected: A relaxed completely. A full list of system Property-Based so that tenant-based and section for alternate rent types has been validations and Technical Reference property or project-based assistance can added and includes six selections. All of Guide will be published at a later date. be easily determined. the selections except ‘‘Over-income Additional information on the MTW • Line 2a, Type of action: Removed rent’’ are specific to the MTW program. expansion can be found on the MTW the selection for Historical Adjustment. Over-income rent was added to allow website at https://www.hud.gov/mtw. Due to improvements in PIC, PHAs PHAs to indicate if a family has Respondents (i.e., affected public): should no longer need to utilize this exceeded the over-income limit for two Public Housing Agencies, State and action type. This action type was consecutive years and is subject to local governments, individuals and originally meant to assist in capturing higher rent. households.

* Average Number of number of Regulatory respondents reponses per Total annual Minutes per reference Information collection (PHA) respondent responses response Total hours (24 CFR) (with (with * see attached responses) responses)

Form HUD–50058, New Admission ...... 4,014 87 349,218 40 232,812 908.101 Form HUD–50058, Recertification ...... 4,014 583 2,340,162 20 780,054 908.101 Form HUD–50058, MTW, New Admis- sion ...... 39 529 20,631 40 13,754 908.101 Form HUD–50058, Recertification, MTW 39 4,018 156,702 20 52,234 908.101 Form HUD–50058, MTW Expansion, New Admission ...... 100 87 8,700 40 5,800 908.101 Form HUD–50058, Recertification, MTW Expansion ...... 100 583 58,300 20 19,433 908.101

Totals ...... 4,153 ...... 2,933,713 ...... 1,104,087 ...... * Average Number of Responses per Respondents = Total Annual Responses/Number of Respondents.

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Estimated annualized hourly cost to respondents (PHA); Form HUD–50058: To report using Form HUD–50058 Family Report, it will cost the average PHA $1,015.00 annually to enter and submit all data for New Admission and $3,400.83 annually for Recertification. Estimated annualized hourly cost to respondents (PHA); Form HUD–50058 MTW: To report using Form HUD–50058 Family Report, it will cost the average PHA $6,171.67 annually to enter and submit all data for New Admissions and $23,438.33 annually for Recertification. Estimated annualized hourly cost to respondents (PHA); Form HUD–50058 MTW Expansion: To report using Form HUD–50058 Family Report, it will cost the average PHA $1,015.00 annually to enter and submit all data for New Admissions and $3,400.78 annually for Recertification.

B. Solicitation of Public Comment DATES: A group Tribal consultation representatives of the other participating This notice is soliciting comments session will be held from 9 a.m. to 1 Federal agencies. As the Secretary of the Interior’s from members of the public and affected p.m. on August 28, 2019, and individual delegated representative and lead for parties concerning the collection of consultation sessions with Tribes will many Columbia River basin matters, the information described in Section A on be held from 1 p.m. to 5 p.m. on August office of the Assistant Secretary for the following: 28, 2019 and from 9 a.m. to 5 p.m. on Water and Science is hosting this (1) Whether the proposed collection August 29, 2019. To schedule an consultation, with assistance from the of information is necessary for the individual session, please contact the office of the Assistant Secretary for proper performance of the functions of person listed in the FOR FURTHER Indian Affairs. Interior invites interested the agency, including whether the INFORMATION CONTACT section of this Tribes in the Columbia River Basin to information will have practical utility; notice. Written input must be participate in person or provide written (2) The accuracy of the agency’s postmarked by September 13, 2019. comments, as detailed in the DATES and estimate of the burden of the proposed ADDRESSES: The Tribal consultation ADDRESSES sections of this document. collection of information; session will be held at the Bonneville (3) Ways to enhance the quality, Power Administration (BPA) Rates Dated: July 26, 2019. utility, and clarity of the information to Hearing Room, 1201 Lloyd Blvd., Suite Timothy R. Petty, be collected; and 200, Portland, OR. Please submit any Assistant Secretary for Water and Science. (4) Ways to minimize the burden of written input to Columbia River Treaty Tara Sweeney, the collection of information on those Negotiations with Canada c/o Elizabeth Assistant Secretary—Indian Affairs. who are to respond; including through Appel, Office of the Assistant [FR Doc. 2019–17786 Filed 8–16–19; 8:45 am] the use of appropriate automated Secretary—Indian Affairs, 1849 C Street BILLING CODE 4332–90–P collection techniques or other forms of NW, MS 4660, Washington, DC 20240. information technology, e.g., permitting FOR FURTHER INFORMATION CONTACT: Mr. electronic submission of responses. DEPARTMENT OF THE INTERIOR HUD encourages interested parties to David Denton, Pacific Northwest submit comment in response to these Regional Liaison, U.S. Bureau of Bureau of Land Management questions. Reclamation, telephone (202) 513–0671, email: [email protected]. [LLIDB00100.19XL1109AF.L17110000. C. Authority PH0000.LXSS024D0000.4500134782] SUPPLEMENTARY INFORMATION: The Section 3507 of the Paperwork Department of the Interior strives for Notice of Public Meeting, Boise District Reduction Act of 1995, 44 U.S.C. meaningful engagement with the Tribes Resource Advisory Council, Idaho chapter 35. in the Columbia River basin on the topic AGENCY: Bureau of Land Management, Dated: August 8, 2019. of Columbia River Treaty negotiations Interior. Merrie Nichols-Dixon, with Canada. The U.S. Department of ACTION: Notice of public meeting. Director, Office of Policy, Programs and State leads negotiations for the United Legislative Initiatives. States Government in the negotiations SUMMARY: In accordance with the [FR Doc. 2019–17835 Filed 8–16–19; 8:45 am] between the United States and Canada Federal Land Policy and Management BILLING CODE 4210–67–P to modernize the Columbia River Treaty Act of 1976, the Federal Advisory regime. The Department of State holds Committee Act of 1972, and the Federal periodic consultations with Tribes in Lands Recreation Enhancement Act of DEPARTMENT OF THE INTERIOR the Columbia River basin regarding the 2004, the U.S. Department of the negotiations, and also invites Interior, Bureau of Land Management Office of the Secretary representatives from Interior, Bonneville (BLM) Boise District Resource Advisory Power Administration, National [RR01010000, XXXR0680U4, Council (RAC) will meet as indicated Oceanic and Atmospheric below. RP.52225010.5395004] Administration (NOAA) Fisheries, and the U.S. Army Corps of Engineers. DATES: The Boise District RAC will meet Columbia River Treaty Negotiations Thursday, September 5, 2019. With Canada Interior has participated in all of these Tribal consultations. In conjunction ADDRESSES: The Boise District RAC will AGENCY: Bureau of Indian Affairs, with the State Department’s periodic meet September 5, 2019, at the BLM Bureau of Reclamation; Interior. consultations with Tribes, the Interior Boise District Office, 3948 Development Avenue, Boise, ID 83705. The meeting ACTION: Notice of Tribal consultation. Department will also host a government- to-government consultation with all will begin at 9:00 a.m. and end no later SUMMARY: The Department of the interested Tribes in the Columbia River than 5:00 p.m. The public comment Interior (Interior) will be hosting a Basin addressing the Treaty regime period will take place at 12:00 noon. government-to-government consultation modernization negotiations. Because the FOR FURTHER INFORMATION CONTACT: with interested Tribes of the Columbia State Department leads the U.S. Mike Williamson, RAC Coordinator, River basin addressing the ongoing Government’s participation in the Boise District, 3948 Development Columbia River Treaty regime negotiations, Interior will hold this Avenue, Boise, ID 83705. Telephone: modernization negotiations between the consultation in concert with the State (208) 384–3393. Email: mwilliamson@ United States and Canada. Department and will invite blm.gov. Persons who use a

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telecommunications device for the deaf DEPARTMENT OF THE INTERIOR Section 13, T. 12 N, R. 14 W, Ohio River (TDD) may contact Mr. Williamson by Survey Meridian, Ohio. calling the Federal Relay Service (FRS) Bureau of Land Management Containing 109.25 acres. Parcel #5 Tract X38, at (800) 877–8339. The FRS is available [LLESMO300. Section 13 and Tract X53, Section 24, T.12 24 hours a day, seven days a week, to L51100000.GA0000.LVEMM12M1670. 12X] N, R. 14 W, Ohio River Survey Meridian, leave a message or question with Mr. Ohio. Williamson. You will receive a reply Notice of Federal Competitive Coal Containing 80.00 acres. during normal business hours. Lease Sale, Ohio (Coal Lease Parcel #6 Tract X35, Application OHES 057390) Section 18 and Tract X38, Section 19, T.8 SUPPLEMENTARY INFORMATION: The 15- N, R. 13 W, Ohio River Survey Meridian, member RAC advises the Secretary of AGENCY: Bureau of Land Management, Ohio. the Interior through the BLM on a Interior. Containing 60.94 acres variety of planning and management ACTION: Notice of coal lease sale. Parcel #7 Tract X81, issues associated with public land Section 24, T. 12 N, R. 14 W, Ohio River SUMMARY: Notice is hereby given that Survey Meridian, Ohio. management in Idaho. The meeting the Bureau of Land Management (BLM) Containing 86.25 acres. agenda will include discussions of the Eastern States Office is offering coal The area is comprised of 7 tracts Four Rivers, Bruneau and Owyhee Field resources, in lands described below, in totaling 432.44 acres located in Morgan Offices regarding livestock grazing, Perry and Morgan Counties, Ohio, for and Perry Counties, Ohio, containing an recreation, fuels projects, and the wild competitive sale, by sealed bid, in estimated 1.4 million tons of sub-surface horse program. More information is accordance with the provisions of the mineable Federal coal reserve. The available at https://www.blm.gov/get- Mineral Leasing Act of 1920, as tracts contain one mineable coal bed, involved/resource-advisory-council/ amended. the Middle Kittanning No. 6. The near-you/Idaho/boise-district-RAC. DATES: The BLM will hold the lease sale Middle Kittanning No. 6 averages The meeting is open to the public. at 1:00 p.m., Eastern Time (ET) on approximately 4.33 feet in thickness. Persons wishing to make comments September 25, 2019. The BLM Eastern The coal quality for the Middle during the public comment period States Office must receive sealed bids Kittanning No. 6 averages 12,077.5 Btu/ should register in person with the BLM on or before 10:00 a.m. ET on September lb, 2.67 percent moisture, 14.08 percent by 11:00 a.m. on the meeting day, at the 25, 2019. ash, 34.49 percent volatile matter, 47.4 meeting location. Depending on the ADDRESSES: The BLM will hold the lease percent fixed carbon, and 2.65 percent number of persons wishing to comment, sale at the BLM Eastern States State Sulphur (Figures do not equal 100 the length of comments may be limited. Office, Suite 950, 20 M Street SE, Suite percent due to rounding). The public may send written comments 950, Washington, DC 20003. Bidders The BLM will lease the tract to the to the RAC at the BLM Boise District must submit sealed bids to the Cashier, qualified bidder of the highest cash Office, 3948 Development Avenue, BLM Eastern States State Office, at this amount, provided, that the high bid Boise, ID 83705. same address. meets or exceeds the BLM’s estimate of FOR FURTHER INFORMATION CONTACT: Public Disclosure of Comments: the Fair Market Value (FMV) of the Sabry Hanna, 202–912–7720 or Before including your address, phone tract. The minimum bid established by [email protected]. Persons who use regulation is $100 per acre or fraction number, email address, or other telecommunication devices for the deaf thereof. The minimum bid is not personal identifying information in your (TDD) may call the Federal Relay intended to represent FMV. The comment, you should be aware that Service (FRS) at 1–800–877–8339 to authorized officer will determine if the your entire comment—including your contact the above individual during bid meets FMV after the sale. personal identifying information—may normal business hours. The FRS is Send sealed bids by certified mail, be made publicly available at any time. available 24 hours a day, 7 days a week, return receipt requested, or hand deliver While you can ask us in your comment to leave a message or question. You will them to the Cashier, BLM Eastern States to withhold your personal identifying receive a reply during normal business State Office, at the address provided in information from public review, we hours. the ADDRESSES section and in an cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: The BLM envelope clearly marked, ‘‘Sealed Bid do so. is holding this sale in response to a for OHES–57390 Coal Sale—Not to be Individuals who plan to attend and Lease By Application (LBA) filed by opened before 1:00 p.m., September 25, need special assistance, such as sign CCU Coal and Construction, LLC 2019.’’ The cashier will issue a receipt language interpretation or other (formerly the Westmoreland Coal for each hand-delivered bid. The BLM reasonable accommodations, should Company). The Federal coal reserves to will not consider bids received after contact the BLM as provided above. be offered are located in the following- 10:00 a.m. on the day of the sale. If the described lands: BLM receives identical high bids, the Authority: 43 CFR 1784.4–1. Parcel #1 Tract X32, BLM will request the tying high bidders Lara Douglas, Section 12, T. 12 N, R. 14 W, Ohio River to submit follow-up sealed bids until BLM Boise District Manager. Survey Meridian, Ohio. the BLM receives a high bid. The tying Containing 6.00 acres. high bidders must submit all tie- [FR Doc. 2019–17787 Filed 8–16–19; 8:45 am] Parcel #2 Tract X76, breaking sealed bids within 15 minutes BILLING CODE 4310–GG–P Section 24, T. 12 N, R. 14 W, Ohio River following the sale official’s Survey Meridian, Ohio. announcement, at the sale, that the BLM Containing 10.00 acres. Parcel #3 Tract X41, has received identical high bids. Prior to Section 14, T. 12 N, R. 14 W, Ohio River lease issuance, the high bidder, if other Survey Meridian, Ohio. than the applicant, must pay to the BLM Containing 80.00 acres. the cost recovery fees in the amount of Parcel #4 Tract X37, $26,700, in addition to all processing

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costs that the BLM incurs after the date edis.usitc.gov. Hearing-impaired filed a response in support of the joint of this sale notice (43 CFR 3473.2). persons are advised that information on petition. A lease issued as a result of this this matter can be obtained by Having reviewed the joint petition offering will provide for payment of an contacting the Commission’s TDD and OUII’s response, the Commission annual rental of $3 per acre, or fraction terminal on (202) 205–1810. finds that the Agreement fully resolves thereof, and a royalty payable to the the dispute between Sony and Fujifilm SUPPLEMENTARY INFORMATION: United States of 12.5 percent of the The concerning the subject matter of the value of coal mined by surface methods Commission instituted this investigation investigation. The Commission also and 8 percent of the value of the coal on June 1, 2017. 82 FR 25333 (Jun. 1, finds that the joint petition complies mined by underground methods. We 2017). The complaint, as amended, was with the requirements of Commission have included bidding instructions for filed by Sony Corporation of Tokyo, Rule 210.76, 19 CFR 210.76. the tract offered and the terms and Japan; Sony Storage Media Solutions Accordingly, the Commission has conditions of the proposed coal lease in Corporation of Tokyo, Japan; Sony determined to rescind the limited the Detailed Statement of Lease Sale. Storage Media Manufacturing exclusion order and the cease and desist Copies of the statement and the Corporation of Miyagi, Japan; Sony orders issued in the investigation. proposed coal lease are available at the DADC US Inc. of Terre Haute, Indiana; The authority for the Commission’s Eastern States State Office. Casefile and Sony Latin America Inc. of Miami, determination is contained in section OHES–57390 is also available for public Florida (collectively ‘‘Sony’’). Id. The 337 of the Tariff Act of 1930, as inspection at the Eastern States State complaint alleged violations of section amended (19 U.S.C. 1337), and in part Office. 337 of the Tariff Act of 1930, as 210 of the Commission’s Rules of amended, 19 U.S.C. 1337, in the Practice and Procedure (19 CFR 210). (Authority: 43 CFR 3422.3–2) importation into the United States, the By order of the Commission. Karen E. Mouritsen, sale for importation, and the sale within Issued: August 14, 2019. State Director, Eastern States. the United States after importation of certain magnetic tape cartridges and Lisa Barton, [FR Doc. 2019–17794 Filed 8–16–19; 8:45 am] components thereof by reason of Secretary to the Commission. BILLING CODE 4310–GJ–P infringement of certain claims of U.S. [FR Doc. 2019–17766 Filed 8–16–19; 8:45 am] Patent Nos. 7,029,774 (‘‘the ’774 BILLING CODE 7020–02–P patent’’); 6,674,596 (‘‘the ’596 patent’’); INTERNATIONAL TRADE and 6,979,501 (‘‘the ’501 patent’’). Id. COMMISSION The notice of investigation named INTERNATIONAL TRADE [Investigation No. 337–TA–1058] Fujifilm Holdings Corporation of Tokyo, COMMISSION Japan; Fujifilm Corporation of Tokyo, Certain Magnetic Tape Cartridges and Japan; Fujifilm Media Manufacturing [Investigation Nos. 701–TA–405–406 and Components Thereof; Commission Co., Ltd. of Kanagawa, Japan; Fujifilm 408 and 731–TA–899–901 and 906–908 (Third Review)] Decision Rescinding the Limited Holdings America Corporation of Exclusion Order and the Cease and Valhalla, NY; and Fujifilm Recording Hot-Rolled Steel Products From China, Desist Orders Media U.S.A., Inc. of Bedford, MA India, Indonesia, Taiwan, Thailand, and (collectively ‘‘Fujifilm’’) as respondents. AGENCY: U.S. International Trade Ukraine Id. at 25334. The Office of Unfair Import Commission. Investigations (‘‘OUII’’) was also a party Determination ACTION: Notice. in this investigation. Id. On the basis of the record 1 developed SUMMARY: Notice is hereby given that The ALJ found a violation of section in the subject five-year reviews, the the U.S. International Trade 337. Following Commission review, on United States International Trade Commission has determined to rescind March 25, 2019, the Commission issued Commission (‘‘Commission’’) the limited exclusion order and the its final determination in the determines, pursuant to the Tariff Act of cease and desist orders issued in the investigation, finding a violation of 1930 (‘‘the Act’’), that revocation of the above-captioned investigation. section 337 as to claims 1, 5–8, 10, 16, countervailing duty orders on hot-rolled FOR FURTHER INFORMATION CONTACT: and 17 of the ’774 patent and claims 1– steel products from India, Indonesia, Cathy Chen, Esq., Office of the General 13 of the ’596 patent, and no violation and Thailand and the antidumping duty Counsel, U.S. International Trade of section 337 as to claims 1, 2, 4–6, and orders on hot-rolled steel products from Commission, 500 E Street SW, 8 of the ’501 patent. 84 FR 11998–12000 China, India, Indonesia, Taiwan, Washington, DC 20436, telephone (202) (Mar. 29, 2019). An opinion Thailand, and Ukraine would be likely 205–2392. Copies of non-confidential accompanied the notice, and the to lead to continuation or recurrence of documents filed in connection with this Commission issued a limited exclusion material injury to an industry in the investigation are or will be available for order and cease and desist orders. United States within a reasonably 2 inspection during official business On July 23, 2019, Sony and Fujifilm foreseeable time. hours (8:45 a.m. to 5:15 p.m.) in the entered into a Worldwide Resolution Background Office of the Secretary, U.S. Agreement and Patent Cross-License International Trade Commission, 500 E (the ‘‘Agreement’’). On July 25, 2019, The Commission, pursuant to section Street SW, Washington, DC 20436, Sony and Fujifilm jointly petitioned, 751(c) of the Act (19 U.S.C. 1675(c)), telephone (202) 205–2000. General pursuant to Commission Rule 210.76, 19 instituted these reviews on January 2, information concerning the Commission CFR 210.76, to rescind the limited 2019 (84 FR 11) and determined on May may also be obtained by accessing its exclusion order and the cease and desist internet server at https://www.usitc.gov. orders. The joint petition attached an 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 The public record for this investigation unredacted confidential version and a CFR 207.2(f)). may be viewed on the Commission’s redacted public version of the 2 Commissioner Meredith M. Broadbent not electronic docket (EDIS) at https:// Agreement. On August 5, 2019, OUII participating.

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7, 2019 that it would conduct expedited investigation are or will be available for 6, 8, and 15 of the ’721 patent; and reviews (84 FR 31099, June 28, 2019). inspection during official business claims 8, 9, and 11 of the ’818 patent. The Commission made these hours (8:45 a.m. to 5:15 p.m.) in the Final ID at 43. determinations pursuant to section Office of the Secretary, U.S. On February 13, 2019, the ALJ issued 751(c) of the Act (19 U.S.C. 1675(c)). It International Trade Commission, 500 E an initial determination granting a completed and filed its determinations Street SW, Washington, DC 20436, motion for summary determination that in these reviews on August 13, 2019. telephone (202) 205–2000. General PTS established sufficient investments The views of the Commission are information concerning the Commission and activities with respect to the PTS contained in USITC Publication 4942 may also be obtained by accessing its articles protected by the asserted patents (August 2019), entitled Hot-Rolled Steel internet server (https://www.usitc.gov). to satisfy the domestic industry Products from China, India, Indonesia, The public record for this investigation requirement under section 337(a)(3)(A), Taiwan, Thailand, and Ukraine may be viewed on the Commission’s (B), and (C) for each of three asserted Investigation Nos. 701–TA–405–406 and electronic docket (EDIS) at https:// patents. Order No. 13 (Feb. 13, 2019). 408 and 731–TA–899–901 and 906–908 edis.usitc.gov. Hearing-impaired No party petitioned for review of the ID, (Third Review). persons are advised that information on and the Commission declined to review this matter can be obtained by the ID. Notice (Mar. 12, 2019). By order of the Commission. On June 4, 2019, the ALJ issued a Issued: August 13, 2019. contacting the Commission’s TDD terminal on (202) 205–1810. final ID finding a violation of section Lisa Barton, 337 with respect to the ’397 and ’721 SUPPLEMENTARY INFORMATION: The Secretary to the Commission. patents, and no violation with respect to Commission instituted this investigation [FR Doc. 2019–17693 Filed 8–16–19; 8:45 am] the ’818 patent. The ID found that on June 5, 2018, based on a complaint BILLING CODE 7020–02–P ACON infringed claim 19 of the ’397 filed by PTS. 83 FR 23087–88. The patent and claims 1, 4, 6, 7, and 15 of complaint alleges violations of section the ’721 patent, but does not infringe INTERNATIONAL TRADE 337 in the importation into the United claims 8, 9, and 11 of the ’818 patent. COMMISSION States, the sale for importation, and the The ID also found that PTS showed that sale after importation within the United [Investigation No. 337–TA–1116] its domestic industry articles practice States after importation of certain blood certain claims of each of the three Certain Blood Cholesterol Testing cholesterol testing strips and associated asserted patents, and that no asserted Strips and Associated Systems systems containing the same by reason claims are shown to be invalid by clear Containing the Same; Commission of infringement of one or more claims of and convincing evidence. Determination To Review in Part a U.S. Patent Nos. 7,625,721 (‘‘the ’721 On June 17, 2019, ACON petitioned Final Initial Determination Finding a patent’’); 7,625,721 (‘‘the ’721 patent’’); for review of the final ID with respect Violation of Section 337; Schedule for and 7,494,818 (‘‘the ’818 patent’’). Id. at to the ’397 and ’721 patents, and Filing Written Submissions on the 26087. The notice of investigation contingently petitioned for review of the Issues Under Review and on Remedy, named as respondents ACON final ID with respect to the ’818 patent. the Public Interest, and Bonding; Laboratories, Inc. of San Diego, PTS did not file a petition for review, Extension of the Target Date California, and ACON Biotech and, on June 25, 2019, PTS filed a (Hangzhou) Co., Ltd. of Hangzhou, response to ACON’s petition. AGENCY: U.S. International Trade China (collectively, ‘‘ACON’’). The Having examined the record of this Commission. Office of Unfair Import Investigations is investigation, including the final ID, the ACTION: Notice. not a party to the investigation. Id. at petition for review, and the responses 26088. thereto, the Commission has determined SUMMARY: Notice is hereby given that The Commission subsequently to review the final ID in part. the U.S. International Trade terminated the investigation with Specifically, the Commission has Commission has determined to review respect to claims 10, 13, 14, and 20 of determined to review the following in part a final initial determination the ’397 patent based on PTS’s issues: (1) Whether ACON Laboratories, (‘‘ID’’) issued by the presiding withdrawal of those allegations. See Inc.’s use of the accused products in the administrative law judge (‘‘ALJ’’), Order. No. 7 (Sept. 10, 2018), not United States constitutes a violation of finding a violation of section 337 of the reviewed, Notice (Sept. 25, 2018); Order 19 U.S.C. 1337(a)(1)(B)(i); (2) the final Tariff Act of 1930. The Commission No. 10 (Jan. 31, 2019), not reviewed, ID’s construction of ‘‘reacting HDL . . . requests briefing from the parties on Notice (Feb. 21, 2019). The Commission without precipitating said one or more certain issues under review, as also terminated the investigation for non-selected analytes’’ in the ’721 indicated in this notice. The infringement purposes with respect to patent, as well as related findings on Commission also requests briefing from claim 17 of the ’397 patent; claims 2, 3, infringement, the domestic industry, the parties, interested persons, and 13, and 14 of the ’721 patent; and claim and invalidity; and (3) the final ID’s government agencies on the issues of 10 of the ’818 patent based on PTS’s finding that all of the asserted claims of remedy, the public interest, and withdrawal of allegations. Order No. 14 the ’721 patent are not shown to be bonding. The Commission has also (Feb. 14, 2019), not reviewed, Notice invalid for a lack of enablement. The determined to extend the target date for (Mar. 5, 2019). Finally, the Commission Commission has determined not to the completion of the above-captioned terminated the investigation with review any other findings presented in investigation to October 21, 2019. respect to claims 1–3, 5, and 18 of the the final ID. FOR FURTHER INFORMATION CONTACT: ’397 patent and claims 5, 7, and 9 of the The Commission has also determined Robert Needham, Office of the General ’721 patent based on PTS’s withdrawal to extend the target date for the Counsel, U.S. International Trade of allegations. Order No. 15 (Mar. 12, completion of the investigation until Commission, 500 E Street SW, 2019), not reviewed, Notice (April 9, October 21, 2019. Washington, DC 20436, telephone (202) 2019). Accordingly, at the time of the In connection with its review, the 708–5468. Copies of non-confidential Final ID, PTS asserted for infringement Commission is interested in briefing on documents filed in connection with this claim 19 of the ’397 patent; claims 1, 4, following issues:

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1. Please address whether ACON Pub. No. 2843, Comm’n Op. at 7–10 Persons filing written submissions Laboratories, Inc.’s direct infringement (December 1994). must file the original document through its use of the accused imported If the Commission contemplates some electronically on or before the deadlines products in the United States is actionable stated above and submit 8 true paper under section 337(a)(1)(B)(i), regardless of form of remedy, it must consider the any indirect infringement by ACON Biotech effects of that remedy upon the public copies to the Office of the Secretary by (Hangzhou) Co., Ltd. See PTS Post-Hearing interest. The factors the Commission noon the next day pursuant to section Initial Br. at 2, n.2. and 4; Suprema, Inc. v. will consider include the effect that an 210.4(f) of the Commission’s Rules of Int’l Trade Comm’n, 796 F.3d 1338 (Fed. Cir. exclusion order and/or a cease and Practice and Procedure (19 CFR 2015) (en banc); Certain Electronic Devices desist order would have on (1) the 210.4(f)). Submissions should refer to with Image Processing Systems, Components public health and welfare, (2) the investigation number (‘‘Inv. No. Thereof, and Associated Software, Inv. No. competitive conditions in the U.S. 337–TA–1116’’) in a prominent place on 337–TA–724, Comm’n Op. (Public Version) economy, (3) U.S. production of articles the cover page and/or the first page. (See (Dec. 21, 2011). that are like or directly competitive with Handbook for Electronic Filing 2. Please explain whether it is appropriate Procedures, http://www.usitc.gov/ to construe the claim term ‘‘precipitating’’ to those that are subject to investigation, and (4) U.S. consumers. The secretary/fed_reg_notices/rules/ mean ‘‘separating a substance or material _ _ _ from a solution,’’ with the clarification that Commission is therefore interested in handbook on electronic filing.pdf). ‘‘complexing’’ does not constitute receiving written submissions that Persons with questions regarding filing ‘‘precipitating’’ in the context of the ’721 address the aforementioned public should contact the Secretary (202–205– patent. interest factors in the context of this 2000). 3. Please explain whether and how the investigation. Any person desiring to submit a adoption of the above proposed construction If the Commission orders some form document to the Commission in of ‘‘precipitating’’ would affect the issues of confidence must request confidential infringement, the domestic industry, and of remedy, the U.S. Trade Representative, as delegated by the treatment. All such requests should be invalidity in this investigation. directed to the Secretary to the 4. Please explain whether the specification President, has 60 days to approve or enables the full scope of claims 1, 4, 6, 8, and disapprove the Commission’s action. Commission and must include a full 15 of the ’721 patent. In your discussion, See Presidential Memorandum of July statement of the reasons why the please address and cite record evidence 21, 2005, 70 FR 43251 (July 26, 2005). Commission should grant such regarding whether a person of ordinary skill During this period, the subject articles treatment. See 19 CFR 201.6. Documents in the art at the time of filing of the would be entitled to enter the United for which confidential treatment by the application resulting in the ’721 patent States under bond, in an amount Commission is properly sought will be would be able to practice the claimed treated accordingly. All information, invention without undue experimentation determined by the Commission and prescribed by the Secretary of the including confidential business using something other than dextran sulfate. information and documents for which Additionally, please explain whether ACON Treasury. The Commission is therefore preserved before the ALJ its enablement interested in receiving submissions confidential treatment is properly argument regarding the enablement of the concerning the amount of the bond that sought, submitted to the Commission for full scope of the claims. should be imposed if a remedy is purposes of this Investigation may be disclosed to and used: (i) By the The parties are invited to brief only ordered. Commission, its employees and Offices, the discrete issues described above, Written Submissions: The and contract personnel (a) for with reference to the applicable law and Commission requests that the parties to developing or maintaining the records evidentiary record. The parties are not the investigation file written of this or a related proceeding, or (b) in to brief other issues on review, which submissions on the issues identified in internal investigations, audits, reviews, are adequately presented in the parties’ this notice. The Commission encourages and evaluations relating to the existing filings. parties to the investigation, interested In connection with the final government agencies, and any other programs, personnel, and operations of disposition of this investigation, the interested parties to file written the Commission including under 5 Commission may (1) issue an order that submissions on the issues of remedy, U.S.C. Appendix 3; or (ii) by U.S. could result in the exclusion of the the public interest, and bonding. Such government employees and contract [1] subject articles from entry into the submissions should address the personnel , solely for cybersecurity United States, and/or (2) issue a cease recommended determination by the ALJ purposes. All nonconfidential written and desist order that could result in the on remedy and bonding, which issued submissions will be available for public respondent being required to cease and on June 4, 2019. The Commission inspection at the Office of the Secretary desist from engaging in unfair acts in further requests that PTS submit and on EDIS. the importation and sale of such proposed remedial orders, state the date The authority for the Commission’s articles. Accordingly, the Commission is when the ’397 and ’721 patents expire, determination is contained in section interested in receiving written provide the HTSUS numbers under 337 of the Tariff Act of 1930, as submissions that address the form of which the subject articles are imported, amended (19 U.S.C. 1337), and in part remedy, if any, that should be ordered. and supply a list of known importers of 210 of the Commission’s Rules of If a party seeks exclusion of an article the subject article. The written Practice and Procedure (19 CFR part from entry into the United States for submissions, exclusive of any exhibits, 210). purposes other than entry for must not exceed 50 pages, and must be By order of the Commission. consumption, the party should so filed no later than close of business on Issued: August 13, 2019. indicate and provide information August 27, 2019. Reply submissions Lisa Barton, establishing that activities involving must not exceed 25 pages, and must be Secretary to the Commission. other types of entry either are adversely filed no later than the close of business [FR Doc. 2019–17692 Filed 8–16–19; 8:45 am] affecting it or likely to do so. For on September 3, 2019. No further BILLING CODE 7020–02–P background, see Certain Devices for submissions on these issues will be Connecting Computers via Telephone permitted unless otherwise ordered by [1] All contract personnel will sign appropriate Lines, Inv. No. 337–TA–360, USITC the Commission. nondisclosure agreements.

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JUDICIAL CONFERENCE OF THE Dated: August 8, 2019. are to respond, including through the UNITED STATES Rebecca A. Womeldorf, use of appropriate automated, Secretary, Committee on Rules of Practice electronic, mechanical, or other Advisory Committees on the Federal and Procedure, Judicial Conference of the technological collection techniques or Rules of Appellate, Bankruptcy, and United States. other forms of information technology, Civil Procedure; Hearings on Proposed [FR Doc. 2019–17272 Filed 8–16–19; 8:45 am] e.g., permitting electronic submission of Amendments to the Appellate, BILLING CODE 2210–55–P responses. Bankruptcy, and Civil Rules Overview of This Information AGENCY: Advisory Committees on the Collection Federal Rules of Appellate Bankruptcy, DEPARTMENT OF JUSTICE and Civil Procedure, Judicial Federal Bureau of Investigation 1. Type of Information Collection: Conference of the United States. New Collection. ACTION: Notice of proposed amendments [OMB Number 1110–New] 2. The Title of the Form/Collection: and open hearings. Agency Information Collection FBI Special Agent Application Process The Advisory Committees on Activities; Proposed eCollection Review Form. Appellate, Bankruptcy, and Civil Rules eComments Requested; New 3. The agency form number, if any, have proposed amendments to the Collection and the applicable component of the following rules: Department sponsoring the collection: Appellate Rules: 3, 6, 42, and Forms AGENCY: Federal Bureau of Investigation ‘‘There is no agency form number for 1 and 2. (FBI), Department of Justice. Bankruptcy Rules: 2005, 3007, 7007.1, ACTION: 60-Day notice. this collection’’. The applicable and 9036. component within the Department of SUMMARY: Civil Rule: 7.1. The Department of Justice, Justice is the FBI. Federal Bureau of Investigation, is The text of the proposed rules and the 4. Affected public who will be asked accompanying committee notes, along submitting the following information collection request to the Office of or required to respond, as well as a brief with the related forms, are posted on the abstract: Individuals; Anyone who has Judiciary’s website at: http:// Management and Budget (OMB) for review and approval in accordance with filled out any part of the FBI Special www.uscourts.gov/rules-policies/ Agent Application in the previous three proposed-amendments-published- the Paperwork Reduction Act of 1995. years will be asked to complete a brief public-comment. DATES: The Department of Justice All written comments and suggestions encourages public comment and will voluntary survey recalling their with respect to the proposed accept input until October 18, 2019. experience and preparation tactics for amendments may be submitted on or FOR FURTHER INFORMATION CONTACT: If the application process. This after the opening of the period for you have additional comments information is being collected by the public comment on August 19, 2019, especially on the estimated public Federal Bureau of Investigation for the but no later than February 19, 2020. burden or associated response time, purpose of improving the ease of the Written comments must be submitted suggestions, or need a copy of the application process, eliminating any electronically, following the proposed information collection systematic barriers to success for instructions provided on the website. instrument with instructions or applicants, and better understanding All comments submitted will be posted additional information, please contact how to recruit and retain qualified on the website and available to the Tonya Odom, Federal Bureau of applicants. Investigation, 935 Pennsylvania Ave. public. 5. An estimate of the total number of Public hearings are scheduled on the NW, Washington, DC, 20535, 202–324– respondents and the amount of time proposed amendments as follows: 3000, [email protected]. • estimated for an average respondent to Appellate Rules in Washington, DC, SUPPLEMENTARY INFORMATION: Written respond: We estimate roughly 40,000 on October 30, 2019, and in Phoenix, comments and suggestions from the individuals have applied to the Special AZ, on January 27, 2020; public and affected agencies concerning • Agent position at the FBI in the Bankruptcy Rules in Kansas City, the proposed collection of information MO, on January 7, 2020, and in Phoenix, are encouraged. Your comments should previous 3 years, we will solicit this AZ on January 27, 2020; and entire population to participate in the • address one or more of the following Civil Rules in Washington, DC, on four points: voluntary survey though it is unlikely October 28, 2019, and in Phoenix, AZ, • Evaluate whether the proposed all 40,000 WILL respond. The survey on January 27, 2020. collection of information is necessary will take approximately 10 minutes to Those wishing to testify must contact for the proper performance of the complete. the Secretary of the Committee on Rules functions of the FBI, including whether 6. An estimate of the total public of Practice and Procedure by email at: the information will have practical burden (in hours) associated with the RulesCommittee_Secretary@ utility; collection: 6,667 total hours of public ao.uscourts.gov, at least 30 days before • Evaluate the accuracy of the the hearing. burden, 10 minutes per survey for agency’s estimate of the burden of the 40,000 respondents. FOR FURTHER INFORMATION CONTACT: proposed collection of information, Rebecca A. Womeldorf, Secretary, including the validity of the If additional information is required Committee on Rules of Practice and methodology and assumptions used; contact: Melody Braswell, Department Procedure of the Judicial Conference of • Evaluate whether and if so how the Clearance Officer, United States the United States, Thurgood Marshall quality, utility, and clarity of the Department of Justice, Justice Federal Judiciary Building, One information to be collected can be Management Division, Policy and Columbus Circle NE, Suite 7–300, enhanced; and Planning Staff, Two Constitution Washington, DC 20544, Telephone (202) • Minimize the burden of the Square, 145 N Street NE, 3E.405A, 502–1820. collection of information on those who Washington, DC 20530.

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Dated: August 14, 2019. functions of the agency, including monthly resulting in 116,064 responses Melody Braswell, whether the information will have with an estimated response time of 7 Department Clearance Officer for PRA, U.S. practical utility; minutes per response on this form. The Department of Justice. —Evaluate the accuracy of the agency’s remaining 7,027 agencies would provide [FR Doc. 2019–17749 Filed 8–16–19; 8:45 am] estimate of the burden of the responses through the National BILLING CODE 4410–02–P proposed collection of information, Incident-Based Reporting System including the validity of the covered under a different data methodology and assumptions used; collection. DEPARTMENT OF JUSTICE —Enhance the quality, utility, and 6. An estimate of the total public clarity of the information to be [OMB Number 1110–0001] burden (in hours) associated with the collected; and collection: There are approximately —Minimize the burden of the collection Agency Information Collection 9,672 hours, annual burden, associated of information on those who are to Activities; Proposed eCollection; with this information collection. respond, including through the use of eComments Requested; Return A— If additional information is required appropriate automated, electronic, Monthly Return of Offenses Known to contact: Melody Braswell, Department mechanical, or other technological Police and Supplement to Return A— Clearance Officer, United States collection techniques or other forms Monthly Return of Offenses Known to Department of Justice, Justice of information technology, e.g., Police; Extension of a Currently Management Division, Policy and permitting electronic submission of Approved Collection Planning Staff, Two Constitution responses. Square, 145 N Street NE, Suite 3E.405B, AGENCY: Federal Bureau of Overview of This Information Washington, DC 20530. Investigation, Department of Justice. Collection: Dated: August 14, 2019. ACTION: 30-Day notice. 1. Type of Information Collection: Melody Braswell, SUMMARY: Department of Justice (DOJ), Extension of a currently approved Department Clearance Officer, PRA, U.S. Federal Bureau of Investigation (FBI), collection. Department of Justice. Criminal Justice Information Services 2. Title of the Form/Collection: Return [FR Doc. 2019–17752 Filed 8–16–19; 8:45 am] (CJIS) Division will be submitting the A—Monthly Return of Offenses Known BILLING CODE 4410–02–P following information collection request to Police and Supplement to Return A— to the Office of Management and Budget Monthly Return of Offenses Known to (OMB) for review and approval in Police and Supplement of Return A— DEPARTMENT OF JUSTICE accordance with the Paperwork Monthly Return of Offenses Known to Reduction Act of 1995. This proposed Police. [OMB Number 1121–0102] information collection was previously 3. Agency form number, if any, and published in the Federal Register at xx the applicable component of the Agency Information Collection FR xxxx, on Month xx, xxxx allowing Department sponsoring the collection: Activities; Proposed eCollection for a 60 day comment period. Form Number: 1–720 and 1–706 eComments Requested; Extension, With Change, of a Currently Approved DATES: Comments are encourages and Sponsor: Criminal Justice Information will be accepted for an additional 30 Services Division, Federal Bureau of Collection: Prison Population Reports: days until September 18, 2019. Investigation, Department of Justice. Summary of Sentenced Population 4. Affected public who will be asked Movement—National Prisoner FOR FURTHER INFORMATION CONTACT: or required to respond, as well as a brief Statistics Written comments and/or suggestions abstract: City, county, state, federal, and regarding the items contained in this tribal law enforcement agencies. AGENCY: Bureau of Justice Statistics, notice, especially the estimated public Abstract: Under Title 28, U.S. Code 534, Department of Justice. burden and associated response time, Acquisition, Preservation, and Exchange ACTION: 60-Day notice. should be directed to Mrs. Amy C. of Identification Records; Appointments Blasher, Unit Chief, Federal Bureau of SUMMARY: The Department of Justice of Officials, 1930, this collection Investigation, CJIS Division, Module E– (DOJ), Office of Justice Programs, requests Part I offense and clearance 3, 1000 Custer Hollow Road, Clarksburg, Bureau of Justice Statistics, will be data, as well as stolen and recovered West Virginia 26306; facsimile (304) submitting the following information monetary values of stolen property 625–3566. Written comments and/or collection request to the Office of throughout the United States from city, suggestions can also be sent to the Management and Budget (OMB) for county, state, tribal, and federal law Office of Management and Budget, review and approval in accordance with enforcement agencies in order for the Office of Information and Regulatory the Paperwork Reduction Act of 1995. FBI UCR Program to serve as the Affairs, Attention Department of Justice national clearinghouse for the collection DATES: Comments are encouraged and Desk Officer, Washington, DC 20503 or and dissemination of crime data and to will be accepted for 60 days until sent to OIRA_submissions@ publish these statistics in the October 18, 2019. omb.eop.gov. Preliminary Semi-Annual Report and FOR FURTHER INFORMATION CONTACT: If SUPPLEMENTARY INFORMATION: Written Crime in the United States. you have additional comments comments and suggestions from the 5. An estimate of the total number of especially on the estimated public public and affected agencies concerning respondents and the amount of time burden or associated response time, the proposed collection of information estimated for an average respondent to suggestions, or need a copy of the are encouraged. Your comments should respond/reply: There are approximately proposed information collection address one or more of the following 18,576 law enforcement agencies within instrument with instructions or four points: the universe of potential respondents. additional information, please contact E. —Evaluate whether the proposed Based on current reporting patterns, Ann Carson, Statistician, Bureau of collection of information is necessary approximately 9,672 law enforcement Justice Statistics, 810 Seventh Street for the proper performance of the agency respondents would submit NW, Washington, DC 20531 (email:

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[email protected]; telephone: other local authority correctional (d) The aggregated rated, operational, 202–616–3496). facilities, or in other state or Federal and/or design capacities, by sex, of the SUPPLEMENTARY INFORMATION: Written facilities on December 31; territory’s/Commonwealth’s correctional comments and suggestions from the (c) Prison admission information in facilities at year-end. public and affected agencies concerning the calendar year for the following The Bureau of Justice Statistics uses categories: New court commitments, the proposed collection of information this information in published reports parole violators, other conditional are encouraged. Your comments should and for the U.S. Congress, Executive address one or more of the following release violators returned, transfers from Office of the President, practitioners, four points: other jurisdictions, AWOLs and researchers, students, the media, and —Evaluate whether the proposed escapees returned, and returns from others interested in criminal justice collection of information is necessary appeal and bond; statistics. for the proper performance of the (d) Prison release information in the functions of the Bureau of Justice calendar year for the following 5. An estimate of the total number of Statistics, including whether the categories: Expirations of sentence, respondents and the amount of time information will have practical utility; commutations, other conditional estimated for an average respondent to —Evaluate the accuracy of the agency’s releases, probations, supervised respond: During data collection in 2020, estimate of the burden of the mandatory releases, paroles, other 51 respondents will each take an proposed collection of information, conditional releases, deaths by cause, average of 7 hours to complete the NPS– including the validity of the AWOLs, escapes, transfers to other 1B and 5 respondents will each taking methodology and assumptions used; jurisdictions, and releases to appeal or an average of 2 hours to respond to the —Evaluate whether and if so how the bond; NPS–1B(T) form. Data collection quality, utility, and clarity of the (e) Number of inmates under conducted in 2021 and 2022 will information to be collected can be jurisdiction on December 31 by race and require each respondent to spend an enhanced; and Hispanic origin; average of 6.5 total hours to respond to —Minimize the burden of the collection (f) Number of inmates under physical of information on those who are to the NPS–1B form. 5 respondents, each custody on December 31 classified as taking an average of 2 hours to respond respond, including through the use of non-citizens of the U.S. with maximum to the NPS–1B(T) form. The burden appropriate automated, electronic, sentences of more than one year, one estimates are based on feedback from mechanical, or other technological year or less; and unsentenced inmates; respondents, and the burden for data collection techniques or other forms (g) Number of inmates under physical of information technology, e.g., custody on December 31 who are collected in 2021 and 2022 remains the permitting electronic submission of citizens of the U.S. with maximum same as the previous clearance. The responses. sentences of more than one year, one burden for data collected in 2020 increased due to the addition of Overview of This Information year or less; and unsentenced inmates; Collection (h) The source of U.S. citizenship questions disaggregating the number of data; U.S. citizens in custody by sentence 1. Type of Information Collection: (i) Testing of incoming inmates for length. Extension, with change, of a currently HIV; and HIV infection and AIDS cases approved collection. 6. An estimate of the total public 2. The Title of the Form/Collection: on December 31; and burden (in hours) associated with the Summary of Sentenced Population (j) The aggregated rated, operational, collection: There is an estimated 1,050 Movement—National Prisoner Statistics. and/or design capacities, by sex, of the total burden hours associated with this 3. The agency form number, if any, state/BOP’s correctional facilities at collection for the three years of data and the applicable component of the year-end. collection, or approximately 350 hours Department sponsoring the collection: For the NPS–1B(T) form, five central for each year. reporters from the U.S. Territories and Form numbers for the questionnaire are If additional information is required NPS–1b (Summary of Sentenced Commonwealths of Guam, Puerto Rico, the Northern Mariana Islands, the Virgin contact: Melody Braswell, Department Population Movement) and NPS–1B(T) Clearance Officer, United States Prisoner Population Report—U.S. Islands, and American Samoa will be Department of Justice, Justice Territories. The applicable component asked to provide information for the Management Division, Policy and within the Department of Justice is the following categories for the calendar Bureau of Justice Statistics, in the Office year just ended, and, if available, for the Planning Staff, Two Constitution of Justice Programs. previous calendar year: Square, 145 N Street NE, 3E.405A, 4. Affected public who will be asked (a) As of December 31, the number of Washington, DC 20530. or required to respond, as well as a brief male and female inmates within their Dated: August 14, 2019. custody and under their jurisdiction abstract: For the NPS–1B form, 51 Melody Braswell, central reporters (one from each state with maximum sentences of more than one year, one year or less; and Department Clearance Officer for PRA, U.S. and the Federal Bureau of Prisons) Department of Justice. responsible for keeping records on unsentenced inmates; and an inmates will be asked to provide assessment of the completeness of these [FR Doc. 2019–17748 Filed 8–16–19; 8:45 am] information for the following categories: counts (complete, partial, or estimated) BILLING CODE 4410–18–P (a) As of December 31, the number of (b) The number of inmates under male and female inmates within their jurisdiction on December 31 but in the custody and under their jurisdiction custody of facilities operated by other with maximum sentences of more than jurisdictions’ authorities solely to one year, one year or less; and reduce prison overcrowding; unsentenced inmates; (c) Number of inmates under (b) The number of inmates housed in jurisdiction on December 31 by race and privately operated facilities, county or Hispanic origin;

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DEPARTMENT OF JUSTICE assault, stalking, murder, and sex DEPARTMENT OF LABOR trafficking, and evaluates the Office on Violence Against Women; effectiveness of federal, state, tribal, and Employment and Training Notice of Request for Nominations for local responses to these crimes. Administration New Members for the Task Force on Research on Violence Against By statute, Task Force members must Investigations Regarding Eligibility To American Indian and Alaska Native be representatives of one of the Apply for Worker Adjustment Women following entities: Tribal governments; Assistance national tribal domestic violence and AGENCY: Office on Violence Against sexual assault non-profit organizations; Petitions have been filed with the Women, United States Department of or national tribal organizations. Task Secretary of Labor under Section 221(a) Justice. Force candidates should be nominated of the Trade Act of 1974 (‘‘the Act’’) and ACTION: Notice of request for by the authorized representative of the are identified in the Appendix to this nominations for new members for the listed governments or organizations (i.e., notice. Upon receipt of these petitions, the Administrator of the Office of Trade Task Force on Research on Violence tribal council or executive director). Adjustment Assistance, Employment Against American Indian and Alaska Task Force members are expected to: Native Women. and Training Administration, has Attend meetings that usually last 1–2 instituted investigations pursuant to SUMMARY: The Office on Violence days; be prepared to discuss materials Section 221(a) of the Act. Against Women of the U.S. Department distributed in advance of each meeting; The purpose of each of the of Justice requests recommendations for and draft written recommendations and investigations is to determine whether individuals to serve as members on a reports, as necessary. Additional the workers are eligible to apply for federal advisory committee, the Task information on the Task Force can be adjustment assistance under Title II, Force on Research on Violence Against found on the OVW and NIJ websites at: Chapter 2, of the Act. The investigations American Indian and Alaska Native https://www.justice.gov/ovw/section- will further relate, as appropriate, to the Women (Task Force). Recommendations 904-task-force and https://www.nij.gov/ determination of the date on which total should consist of a cover letter topics/tribal-justice/vaw-research/ or partial separations began or recommending the individual and pages/task-force.aspx. threatened to begin and the subdivision explaining the individual’s of the firm involved. qualifications to serve on the Task While OVW has previously solicited and received nominations for new Task The petitioners or any other persons Force, as well as a copy of the showing a substantial interest in the individual’s resume or curriculum vitae. Force members, OVW would like to expand OVW’s pursuit for experience subject matter of the investigations may Self-recommendations are not accepted. request a public hearing provided such If you would like to make a membership and expertise and solicit additional nominations for new members to request is filed in writing with the recommendation for this federal Administrator, Office of Trade supplement the nominations that OVW advisory committee, please send your Adjustment Assistance, at the address has previously received. OVW is recommendation to the email address or shown below, no later than August 29, contact person listed below. particularly interested in individuals 2019. ADDRESSES: Nominations may be with law enforcement, prosecutorial and Interested persons are invited to submitted by email to OVW.taskforce@ research experience. submit written comments regarding the usdoj.gov or by mail to: Laura L. Rogers, For further information contact: subject matter of the investigations to Acting Director, Office on Violence Sherriann C. Moore, Deputy Director for the Administrator, Office of Trade Again Women, U.S. Department of Tribal Affairs, Office on Violence Adjustment Assistance, at the address Justice, 145 N Street NE, Washington, Against Women, United States shown below, not later than August 29, DC 20530 by September 13, 2019. Department of Justice, 145 N Street NE, 2019. SUPPLEMENTARY INFORMATION: The Task Suite 10W.121, Washington, DC 20530. The petitions filed in this case are Force was authorized by Section available for inspection at the Office of Dated: August 12, 2019. 904(a)(3) of the Violence Against the Administrator, Office of Trade Women and Department of Justice Mary E. Powers, Adjustment Assistance, Employment Reauthorization Act of 2005 (Pub. L. Acting Director, Deputy Director for Policy, and Training Administration, U.S. 109–162) and is subject to the Office on Violence Against Women. Department of Labor, Room N–5428, requirements of the Federal Advisory [FR Doc. 2019–17776 Filed 8–16–19; 8:45 am] 200 Constitution Avenue NW, Committee Act. The Task Force BILLING CODE 4410–FX–P Washington, DC 20210. provides advice and recommendations Signed at Washington, DC, this 22nd day on the development and of July 2019. implementation of a program of research Hope D. Kinglock, that examines violence against Indian women in Indian Country and Alaska Certifying Officer, Office of Trade Adjustment Assistance. Native villages, including domestic violence, dating violence, sexual Appendix

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90 TAA PETITIONS INSTITUTED BETWEEN 6/1/19 AND 6/30/19

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

94865 ...... Klockner Pentaplast (State/One-Stop) ...... Gordonsville, VA ...... 06/03/19 05/29/19 94866 ...... SwimWays Corporation RE–SENT (State/One-Stop) ...... Virginia Beach, VA ...... 06/03/19 05/31/19 94867 ...... Qualcomm Technologies, Inc. (State/One-Stop) ...... San Diego, CA ...... 06/04/19 06/03/19 94868 ...... SAP America (State/One-Stop) ...... Burlington, MA ...... 06/04/19 06/04/19 94869 ...... State Street Corporation (State/One-Stop) ...... Jacksonville, FL ...... 06/04/19 06/03/19 94870 ...... Timken Belts (State/One-Stop) ...... Springfield, MO ...... 06/04/19 06/03/19 94871 ...... Blue Cross and Blue Shield (State/One-Stop) ...... Eagan, MN ...... 06/05/19 06/04/19 94872 ...... Kern-Liebers Texas, Inc. (Workers) ...... Pharr, TX ...... 06/05/19 06/04/19 94873 ...... Ossur Engineering (State/One-Stop) ...... Albion, MI ...... 06/05/19 06/04/19 94874 ...... Adjacent Solutions (State/One-Stop) ...... Littleton, CO ...... 06/06/19 06/05/19 94875 ...... Celestica LLC (Workers) ...... San Jose, CA ...... 06/06/19 06/05/19 94876 ...... General Motors Global Propulsion Systems (State/One-Stop) ...... Pontiac, MI ...... 06/06/19 06/05/19 94877 ...... IBM (State/One-Stop) ...... Dallas, TX ...... 06/06/19 06/05/19 94878 ...... Kimberly-Clark Corporation (Union) ...... Fullerton, CA ...... 06/06/19 06/05/19 94879 ...... Kulicke & Soffa, Industries (Company) ...... Santa Ana, CA ...... 06/06/19 06/05/19 94880 ...... Nitto Automotive (State/One-Stop) ...... Kansas City, MO ...... 06/06/19 06/05/19 94881 ...... Stratus Video Language Company—Dallas Location (State/One- Dallas, TX ...... 06/06/19 06/05/19 Stop). 94882 ...... ATandT (Workers) ...... Bellaire, TX ...... 06/07/19 06/03/19 94883 ...... Gray & Company (State/One-Stop) ...... Dayton, OR ...... 06/07/19 06/05/19 94884 ...... TTM Technologies (Company) ...... Chippewa Falls, WI ...... 06/07/19 06/07/19 94885 ...... Ricoh (Richmond location) (State/One-Stop) ...... Richmond, VA ...... 06/10/19 06/07/19 94886 ...... Times Fiber Communications/Amphenol Broadband Solutions Chatham, VA ...... 06/10/19 06/07/19 (State/One-Stop). 94887 ...... Gear Design and Manufacturing/AAM Charleston (Company) ...... North Charleston, SC .... 06/11/19 06/10/19 94888 ...... Gunderson LLC/The Greenbrier Companies (State/One-Stop) ..... Portland, OR ...... 06/11/19 06/10/19 94889 ...... Xerox Corporation (State/One-Stop) ...... Wilsonville, OR ...... 06/11/19 06/10/19 94890 ...... FCT US LLC (State/One-Stop) ...... Torrington, CT ...... 06/12/19 06/12/19 94891 ...... International Automotive Components (State/One-Stop) ...... Iowa City, IA ...... 06/12/19 06/11/19 94892 ...... Seagate Technologies (State/One-Stop) ...... Valencia, CA ...... 06/12/19 06/11/19 94893 ...... U.S Bank (State/One-Stop) ...... Irvine, CA ...... 06/12/19 06/11/19 94894 ...... NTT Data aka Dell aka Transaction Applications Group (State/ Lincoln, NE ...... 06/13/19 06/12/19 One-Stop). 94895 ...... Vista Del Mar Medical Group Inc. (State/One-Stop) ...... Oxnard, CA ...... 06/13/19 06/12/19 94896 ...... AT&T (State/One-Stop) ...... Houston, TX ...... 06/14/19 06/13/19 94897 ...... Ditech Holding Corporation (State/One-Stop) ...... Rapid City, SD ...... 06/14/19 06/13/19 94898 ...... Legend 3D VR VFX (State/One-Stop) ...... Los Angeles, CA ...... 06/14/19 06/13/19 94899 ...... Les Lunes (State/One-Stop) ...... Healdsburg, CA ...... 06/14/19 06/11/19 94900 ...... Nuance Communications, Inc. (State/One-Stop) ...... Agoura Hills, CA ...... 06/14/19 06/13/19 94901 ...... Parker Hannifin (State/One-Stop) ...... Kennett, MO ...... 06/14/19 06/13/19 94902 ...... Symantec (State/One-Stop) ...... Mountain View, CA ...... 06/14/19 05/23/19 94903 ...... Tahari ASL, LLC (State/One-Stop) ...... Millburn, NJ ...... 06/14/19 10/30/18 94904 ...... AARCO at Ikea Industry Danville (State/One-Stop) ...... Ringgold, VA ...... 06/17/19 06/14/19 94905 ...... Cameron (a Schlumberger Company) (Company) ...... Duncan, OK ...... 06/17/19 06/14/19 94906 ...... General Motors Milford Proving Ground (Workers) ...... Milford, MI ...... 06/17/19 06/16/19 94907 ...... Liberty Mutual Group Inc. (State/One-Stop) ...... Springfield, MA ...... 06/17/19 06/14/19 94908 ...... SmartFocus US Inc. (State/One-Stop) ...... Bellevue, WA ...... 06/17/19 06/12/19 94909 ...... The Safariland Group (State/One-Stop) ...... Ontario, CA ...... 06/17/19 06/14/19 94910 ...... AEP Service Corporation (Workers) ...... Tulsa, OK ...... 06/18/19 06/17/19 94911 ...... Fidelity Information Services (State/One-Stop) ...... Woodbury, MN ...... 06/18/19 06/17/19 94912 ...... Halliburton Energy Services (State/One-Stop) ...... Duncan, OK ...... 06/18/19 06/17/19 94913 ...... RR Donnelley (State/One-Stop) ...... Wichita, KS ...... 06/18/19 06/17/19 94914 ...... BrassCraft Manufacturing Co. (State/One-Stop) ...... Swedesboro, NJ ...... 06/19/19 06/18/19 94915 ...... Kelly Services (onsite at Dow Chemical) (Workers) ...... Midland, MI ...... 06/19/19 06/18/19 94916 ...... United Healthcare (State/One-Stop) ...... Minnetonka, MN ...... 06/19/19 06/18/19 94917 ...... Johnny Appleseed, Inc. Div. of Blue Strem Brands (State/One- Middleton, MA ...... 06/20/19 06/19/19 Stop). 94918 ...... Commemorative Brands, Inc. (Company) ...... Austin, TX ...... 06/21/19 06/20/19 94919 ...... Flexsteel Industries (State/One-Stop) ...... Riverside, CA ...... 06/21/19 06/20/19 94920 ...... Molina Healthcare (State/One-Stop) ...... Glen Allen, VA ...... 06/21/19 06/18/19 94921 ...... North American Mold Technology (State/One-Stop) ...... Danville, VA ...... 06/21/19 06/20/19 94922 ...... Oak Valley Robbinsville (Workers) ...... Robbinsville, NC ...... 06/21/19 06/20/19 94923 ...... Theis Precision Steel LLC (State/One-Stop) ...... Bristol, CT ...... 06/21/19 06/20/19 94924 ...... WestRock (State/One-Stop) ...... Amsterdam, NY ...... 06/21/19 06/20/19 94925 ...... AEP Service Corporation (Workers) ...... Tulsa, OK ...... 06/24/19 06/23/19 94926 ...... Beyondsoft Corporation (HP Printer) (State/One-Stop) ...... Vancouver, WA ...... 06/24/19 06/20/19 94927 ...... CCPI Inc. (State/One-Stop) ...... Blanchester, OH ...... 06/24/19 06/21/19 94928 ...... Intel Corporation (Workers) ...... Eau Claire, WI ...... 06/24/19 06/21/19 94929 ...... Muzak LLC d.b.a. Mood Media (Workers) ...... Austin, TX ...... 06/24/19 06/21/19 94930 ...... Trouw Nutrition USA (State/One-Stop) ...... Willmar, MN ...... 06/24/19 06/21/19 94931 ...... Artech (State/One-Stop) ...... Morristown, NJ ...... 06/25/19 01/18/19

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90 TAA PETITIONS INSTITUTED BETWEEN 6/1/19 AND 6/30/19—Continued

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

94932 ...... DunAn Precision Manufacturing Inc. (State/One-Stop) ...... Memphis, TN ...... 06/25/19 06/24/19 94933 ...... Jernberg Industries (State/One-Stop) ...... Chicago, IL ...... 06/25/19 06/24/19 94934 ...... Kimberly-Clark Corporation (State/One-Stop) ...... Conway, AR ...... 06/25/19 06/24/19 94935 ...... Providence St. Joseph Health (State/One-Stop) ...... Portland, OR ...... 06/25/19 06/24/19 94936 ...... R1 Revenue Cycle Management (State/One-Stop) ...... Austin, TX ...... 06/25/19 06/24/19 94937 ...... Tech Mahindra Americas Inc. for AT&T (State/One-Stop) ...... Plano, TX ...... 06/25/19 06/24/19 94938 ...... The Invivo Corporation (State/One-Stop) ...... Gainesville, FL ...... 06/26/19 06/25/19 94939 ...... Bulk Handling Systems (State/One-Stop) ...... Eugene, OR ...... 06/26/19 06/25/19 94940 ...... Georgia-Pacific (State/One-Stop) ...... Crossett, AR ...... 06/26/19 06/25/19 94941 ...... Delta Air Lines Inc. (State/One-Stop) ...... Atlanta, GA ...... 06/26/19 06/25/19 94942 ...... Cisco Systems Inc. (State/One-Stop) ...... San Jose, CA ...... 06/26/19 06/25/19 94943 ...... Stimson Lumber (State/One-Stop) ...... Gaston, OR ...... 06/26/19 06/25/19 94944 ...... AIG (Workers) ...... New York, NY ...... 06/26/19 06/25/19 94945 ...... Arconic Mill Products (State/One-Stop) ...... Lancaster, PA ...... 06/27/19 06/26/19 94946 ...... AT&T Services, Inc. (State/One-Stop) ...... St. Louis, MO ...... 06/27/19 06/26/19 94947 ...... Conair Corporation (Company) ...... Glendale, AZ ...... 06/27/19 06/26/19 94948 ...... Falcon Transport Company (State/One-Stop) ...... La Vergne, TN ...... 06/27/19 06/26/19 94949 ...... Fuller Packaging, Inc. (State/One-Stop) ...... Central Falls, RI ...... 06/27/19 06/26/19 94950 ...... AT&T Voice (State/One-Stop) ...... Piscataway, NJ ...... 06/28/19 06/27/19 94951 ...... Bank of New York Mellon (State/One-Stop) ...... Pittsburgh, PA ...... 06/28/19 06/27/19 94952 ...... PepsiCo (Frito-Lay North America Inc.) (State/One-Stop) ...... Dallas, TX ...... 06/28/19 06/27/19 94953 ...... Precision Wood Manufacturing (State/One-Stop) ...... Bay City, OR ...... 06/28/19 06/27/19 94954 ...... Union Underwear dba Fruit of the Loom (Workers) ...... Bowling Green, KY ...... 06/28/19 06/27/19

[FR Doc. 2019–17701 Filed 8–16–19; 8:45 am] 2272(a)(1)) is that a significant number parts produced by such firm have BILLING CODE 4510–FN–P or proportion of the workers in such increased; workers’ firm (or ‘‘such firm’’) have AND become totally or partially separated, or (iii) the increase in imports described DEPARTMENT OF LABOR are threatened to become totally or in clause (ii) contributed importantly to partially separated; Employment and Training such workers’ separation or threat of Administration AND (2(A) or 2(B) below) separation and to the decline in the (2) The second criterion (set forth in sales or production of such firm; OR Notice of Determinations Regarding Section 222(a)(2) of the Act, 19 U.S.C. (B) Shift in Production or Services to Eligibility To Apply for Trade 2272(a)(2)) may be satisfied by either (A) a Foreign Country Path OR Acquisition Adjustment Assistance the Increased Imports Path, or (B) the of Articles or Services from a Foreign Shift in Production or Services to a Country Path: In accordance with the Section 223 (i) (I) There has been a shift by such (19 U.S.C. 2273) of the Trade Act of Foreign Country Path/Acquisition of Articles or Services from a Foreign workers’ firm to a foreign country in the 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as production of articles or the supply of amended, the Department of Labor Country Path, as follows: (A) Increased Imports Path: services like or directly competitive herein presents summaries of with articles which are produced or determinations regarding eligibility to (i) the sales or production, or both, of such firm, have decreased absolutely; services which are supplied by such apply for trade adjustment assistance firm; OR under Chapter 2 of the Act (‘‘TAA’’) for AND (ii and iii below) (II) such workers’ firm has acquired workers by (TA–W) number issued (ii) (I) imports of articles or services from a foreign country articles or during the period of June 1, 2019 like or directly competitive with articles services that are like or directly through June 30, 2019. (This Notice produced or services supplied by such competitive with articles which are primarily follows the language of the firm have increased; OR produced or services which are Trade Act. In some places however, supplied by such firm; changes such as the inclusion of (II)(aa) imports of articles like or subheadings, a reorganization of directly competitive with articles into AND language, or ‘‘and,’’ ‘‘or,’’ or other words which one or more component parts (ii) the shift described in clause (i)(I) are added for clarification.) produced by such firm are directly or the acquisition of articles or services incorporated, have increased; OR described in clause (i)(II) contributed Section 222(a)—Workers of a Primary (II)(bb) imports of articles like or importantly to such workers’ separation Firm directly competitive with articles which or threat of separation. In order for an affirmative are produced directly using the services Section 222(b)—Adversely Affected determination to be made for workers of supplied by such firm, have increased; Secondary Workers a primary firm and a certification issued OR regarding eligibility to apply for TAA, (III) imports of articles directly In order for an affirmative the group eligibility requirements under incorporating one or more component determination to be made for adversely Section 222(a) of the Act (19 U.S.C. parts produced outside the United affected secondary workers of a firm and 2272(a)) must be met, as follows: States that are like or directly a certification issued regarding (1) The first criterion (set forth in competitive with imports of articles eligibility to apply for TAA, the group Section 222(a)(1) of the Act, 19 U.S.C. incorporating one or more component eligibility requirements of Section

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222(b) of the Act (19 U.S.C. 2272(b)) Section 222(e)—Firms identified by the Trade Commission under section must be met, as follows: International Trade Commission 202(f)(1) of the Trade Act (19 U.S.C. (1) a significant number or proportion In order for an affirmative 2252(f)(1)) with respect to the of the workers in the workers’ firm or determination to be made for adversely affirmative determination described in an appropriate subdivision of the firm affected workers in firms identified by paragraph (1)(A) is published in the have become totally or partially the International Trade Commission and Federal Register under section 202(f)(3) separated, or are threatened to become a certification issued regarding (19 U.S.C. 2252(f)(3)); OR totally or partially separated; eligibility to apply for TAA, the group (B) notice of an affirmative AND eligibility requirements of Section determination described in 222(e) of the Act (19 U.S.C. subparagraph (B) or (C)of paragraph (1) (2) the workers’ firm is a supplier or 2272(e))must be met, by following is published in the Federal Register; downstream producer to a firm that criteria (1), (2), and (3) as follows: AND employed a group of workers who (1) the workers’ firm is publicly received a certification of eligibility identified by name by the International (3) the workers have become totally or under Section 222(a) of the Act (19 Trade Commission as a member of a partially separated from the workers’ U.S.C. 2272(a)), and such supply or domestic industry in an investigation firm within— production is related to the article or resulting in— (A) the 1-year period described in service that was the basis for such (A) an affirmative determination of paragraph (2); OR certification (as defined in subsection serious injury or threat thereof under (B) notwithstanding section 223(b) of 222(c)(3) and (4) of the Act (19 U.S.C. section 202(b)(1) of the Act (19 U.S.C. 2272(c)(3) and (4)); 2252(b)(1)); OR the Act (19 U.S.C. 2273(b)), the 1-year period preceding the 1-year period AND (B) an affirmative determination of market disruption or threat thereof described in paragraph (2). (3) either- under section 421(b)(1)of the Act (19 Affirmative Determinations for Trade (A) the workers’ firm is a supplier and U.S.C. 2436(b)(1)); OR Adjustment Assistance the component parts it supplied to the (C) an affirmative final determination firm described in paragraph (2) of material injury or threat thereof under The following certifications have been accounted for at least 20 percent of the section 705(b)(1)(A) or 735(b)(1)(A) of issued. The date following the company production or sales of the workers’ firm; the Tariff Act of 1930 (19 U.S.C. name and location of each OR 1671d(b)(1)(A) and 1673d(b)(1)(A)); determination references the impact (B) a loss of business by the workers’ AND date for all workers of such firm with the firm described in (2) the petition is filed during the 1- determination. paragraph (2) contributed importantly to year period beginning on the date on The following certifications have been the workers’ separation or threat of which— issued. The requirements of Section separation determined under paragraph (A) a summary of the report submitted 222(a)(2)(A) (Increased Imports Path) of (1). to the President by the International the Trade Act have been met.

TA–W No. Subject firm Location Impact date

94,457 ...... General Motors Detroit-Hamtramck Assembly, Aramark ...... Detroit, MI ...... March 3, 2019. 94,457A ...... PSI Services, General Motors Detroit-Hamtramck Assembly ...... Detroit, MI ...... January 15, 2018. 94,457B ...... General Motors Subsystems Manufacturing, LLC ...... Detroit, MI ...... March 3, 2019. 94,561 ...... Corry Forge Company, Ellwood Group Inc., Express Employment ...... Corry, PA ...... February 22, 2018. 94,592 ...... Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station, Guidant Plymouth, MA ...... March 5, 2018. Group, MBO Partners, Day & Zimmerman. 94,602 ...... Parker Hannifin Corporation, O-Ring and Engineered Seals Division, Man- Lynchburg, VA ...... March 7, 2018. power. 94,737 ...... LaMont Limited, Stephen A. Fausel, Temp Associates, QPS Employment Burlington, IA ...... April 17, 2018. Group. 94,760 ...... Imagination International Inc...... Eugene, OR ...... April 26, 2018. 94,771 ...... Verso Luke LLC, Luke Mill, Verso Corporation, Kelly Services, ProLogistix Luke, MD ...... April 30, 2018. 94,771A ...... Verso Luke LLC, Beryl Woodyard, Verso Corporation ...... Beryl, WV ...... April 30, 2018. 94,771B ...... Verso Luke LLC, Verso Corporation, ProLogistix ...... Piedmont, WV ...... April 30, 2018. 94,771C ...... Verso Luke LLC, Keyser Warehouse, Verso Corporation ...... Keyser, WV ...... April 30, 2018. 94,771D ...... Verso Luke LLC, Beverly Woodyard, Verso Corporation ...... Beverly, WV ...... April 30, 2018. 94,771E ...... Verso Luke LLC, Luke Converting Facility, Verso Corporation ...... McCoole, MD ...... April 30, 2018. 94,777 ...... Amsted Rail Company, Inc., Amsted Industries, Partners Personnel, Ex- Granite City, IL ...... May 24, 2019. press Employment, etc. 94,777A ...... Aerotek Professional Services, Beacon Hill Staffing, Robert Half, K-Force, Granite City, IL ...... May 2, 2018. Sitex, Insight Global, Amsted Rail Company, Amsted Industries. 94,851 ...... Woodcrest Manufacturing, Inc ...... Peru, IN ...... May 24, 2018.

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

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TA–W No. Subject firm Location Impact date

94,348 ...... Carestream Health, Inc ...... Rochester, NY ...... November 19, 2017. 94,466 ...... BNY Mellon, Application Development, The Bank of New York Mellon Cor- Jersey City, NJ ...... January 16, 2018. poration, etc. 94,524 ...... FullBeauty Brands Management Services, LLC, Imaging subdivision ...... New York, NY ...... February 7, 2018. 94,582 ...... Liberty Mutual Insurance Company, Professional Collaboration Team Tigard, OR ...... March 1, 2018. (PCT), Liberty Mutual Group Inc. 94,583 ...... Molina Healthcare Inc., Information Technology Division, WG Consulting, Long Beach, CA ...... March 2, 2018. 200 Oceangate. 94,583A ...... Molina Healthcare Inc., Information Technology Division, WG Consulting, Long Beach, CA ...... March 2, 2018. 300 Oceangate. 94,583B ...... Molina Healthcare Inc., Information Technology Division, WG Consulting, Long Beach, CA ...... March 2, 2018. 1500 Hughes Way. 94,583C ...... Molina Healthcare Inc., Information Technology Division, WG Consulting, Long Beach, CA ...... March 2, 2018. 604 Pine Avenue. 94,583D ...... Molina Healthcare Inc., Information Technology Division, WG Consulting, Long Beach, CA ...... March 2, 2018. 605 Pine Avenue. 94,601 ...... GTT Communications, Inc., SMB Division, Veriant Solutions, APEX, Agility Lemont Furnace, PA ...... March 7, 2018. Solutions. 94,652 ...... Natera, Inc., Insurance Billing Department, Aerotek, Austin Staffing Inc ...... Austin, TX ...... March 20, 2018. 94,654 ...... Resolute FP US, Inc., US Corporate Division, Resolute Forest Products, Catawba, SC ...... March 13, 2018. Xcentri, Manpower. 94,655 ...... Lowe’s Home Centers, LLC., Lowe’s Companies, Inc., Apex System ...... Kirkland, WA ...... March 22, 2018. 94,671 ...... Lear Corporation, Structures Division ...... Morristown, TN ...... March 27, 2018. 94,682 ...... Bryant Rubber Corp., Kimco ...... Harbor City, CA ...... October 21, 2018. 94,682A ...... Workers Whose Wages Were Reported Through ADP TotalSource-PEO ... Harbor City, CA ...... April 1, 2018. 94,686 ...... Steelhead Manufacturing, Chinook Asia LLC ...... Lake Oswego, OR ...... April 2, 2018. 94,687 ...... Consolidated Metco, Express Employment ...... Etowah, TN ...... April 3, 2018. 94,693 ...... CSG Systems, Inc., CSG Systems International, Inc ...... Elkhorn, NE ...... April 3, 2018. 94,703 ...... Hanesbrands, Inc., Seamless Textiles Division ...... Humacao, PR ...... April 4, 2018. 94,708 ...... Alexian Brothers aˆÖ’’ AHS Midwest Regions Co., AMITA Health, Medical Lisle, IL ...... April 8, 2018. Collections, AHS Midwest Management Services. 94,712 ...... Highmark Inc., Highmark Health, Benefit Coding Division, Customer Imple- Camp Hill, PA ...... April 5, 2018. mentation Analyst. 94,712A ...... Highmark Inc., Highmark Health, Benefit Coding Division, Customer Imple- Pittsburgh, PA ...... April 5, 2018. mentation Analyst. 94,734 ...... Anixter ...... Glenview, IL ...... April 16, 2018. 94,762 ...... PayPal, Inc., PayPal Holdings, Inc...... Hunt Valley, MD ...... April 26, 2018. 94,764 ...... Ross Mould LLC ...... Washington, PA ...... May 17, 2019. 94,796 ...... Hubbell Lighting, Inc.—Elgin, Hubbell Incorporated, Manpower, Skyline Elgin, IL ...... May 8, 2018. Staffing, Elite Staffing. 94,797 ...... Allianz Global Risks US Insurance Company, N.A., Allianz Global Cor- Burbank, CA ...... May 10, 2018. porate & Specialty. 94,799 ...... Ocwen Loan Servicing LLC, Ocwen Financial Corporation, Contingent ...... Glendale, CA ...... May 10, 2018. 94,804 ...... PHH Mortgage Corporation, Ocwen Financial Corporation, Ocwen Loan Mount Laurel, NJ ...... May 10, 2018. Servicing, LLC, CSSvSource. 94,809 ...... Web.com Group, Inc., Siris Capital Group, LLC ...... Spokane, WA ...... May 8, 2018. 94,820 ...... Kitron Technologies Inc., Manpower ...... Windber, PA ...... May 15, 2018. 94,823 ...... AdvanSix Inc., Manpower ...... Pottsville, PA ...... May 17, 2018. 94,826 ...... TE Connectivity, Randstad ...... Berwyn, PA ...... May 17, 2018. 94,830 ...... U.S. Bank, National Association, Consumer & Business Banking Oper- Owensboro, KY ...... May 20, 2018. ations Unit, System Changes, etc.. 94,831 ...... Arrow International, Teleflex, Inc., Aerotek, The Agency ...... Asheboro, NC ...... June 22, 2019. 94,833 ...... Del Monte Foods, Inc., Del Monte Pacific, Deduction Analyst Department, Walnut Creek, CA ...... May 21, 2018. Pleasant Hill Facility. 94,836 ...... Eagle Test Systems Inc., a Teradyne Company, Teradyne, Inc., Artech ..... Buffalo Grove, IL ...... May 22, 2018. 94,841 ...... ConAgra Brands, Inc., Global Business Information Services ...... Cherry Hill, NJ ...... May 23, 2018. 94,841A ...... ConAgra Brands, Inc., Global Business Information Services ...... Parsippany, NJ ...... May 23, 2018. 94,845 ...... Vesuvius USA ...... Tyler, TX ...... September 29, 2019. 94,849 ...... Deluxe Digital Cinema Inc., Deluxe Entertainment Services Group, Deluxe Wilmington, OH ...... May 24, 2018. Shared Services, Adecco. 94,855 ...... Columbia Plywood Corporation, Klamath Plywood, Columbia Forest Prod- Klamath Falls, OR ...... December 28, 2018. ucts, Express Employment Professionals.

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

TA–W No. Subject firm Location Impact date

94,795 ...... Columbia Forest Products, All in A Day Temporary Services, Inc. (A.I.D.) .. Trumann, AR ...... December 28, 2018.

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

TA–W No. Subject firm Location Impact date

94,387 ...... South Coast Lumber ...... Brookings, OR ...... December 28, 2016. 94,656 ...... Alliance Rubber Co., FirstStaff ...... Hot Springs, AR ...... February 15, 2018. 94,662 ...... Aleris, Job Giraffe, Chase Professionals ...... Lincolnshire, IL ...... February 5, 2018.

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

TA–W No. Subject firm Location Impact date

94,543 ...... Epiq, Computer Software and Development Team ...... Seattle, WA. 94,642 ...... Maxim Integrated Products, Inc., Compucom Systems, Elevated Re- Beaverton, OR. sources, Final Phase Systems, etc.

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

TA–W No. Subject firm Location Impact date

94,348A ...... Carestream Health, Inc., Global Customer Care Unit, Datrose, Modis ...... Rochester, NY.

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

TA–W No. Subject firm Location Impact date

94,326 ...... C. Cretors & Company, TriNet, Talent Force ...... Bismarck, MO. 94,553 ...... Western Digital Technologies Inc., Western Digital Corporation, Hard Disk Irvine, CA. Drive Research and Development, etc. 94,555 ...... MACOM Technology Solutions Inc., MACOM Technology Solutions Hold- Ithaca, NY. ings, Inc. 94,555A ...... MACOM Technology Solutions Inc., MACOM Technology Solutions Hold- Ithaca, NY. ings, Inc. 94,571 ...... Walmart Global Business Services, Walmart, Inc ...... Derby, KS. 94,606 ...... The Crown Group Company, Coatings Services, PPG Industries, Inc ...... Livonia, MI. 94,616 ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Vienna, VA. 94,616A ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Springfield, VA. 94,616B ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Reston, VA. 94,616C ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Charlottesville, VA. 94,616D ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Virginia Beach, VA. 94,616E ...... Bitech, Inc., Performance Bicycle, Advances Sports Enterprises, Inc ...... Henrico, VA. 94,618 ...... Kroger Columbus Bakery, The Kroger Co ...... Columbus, OH. 94,631 ...... Formation Capital Corporation, U.S., Idaho Cobalt Project, eCobalt Solu- Salmon, ID. tions Company. 94,640 ...... American Tire Distributors, Inc., Wytheville Distribution Center, Workforce Wytheville, VA. Unlimited, LLC. 94,650 ...... International Automotive Components (IAC), Manpower, Noonan Group ..... Greencastle, IN. 94,668 ...... AT&T Mobility Services LLC, Workforce Operations Division ...... Oklahoma City, OK.

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Determinations Terminating on the Department’s website, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W No. Subject firm Location Impact date

94,670 ...... Harsco Rail, Ludington Facility, Harsco Corporation ...... Ludington, MI.

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

TA–W No. Subject firm Location Impact date

94,468 ...... MOL (America) Inc., MOL (Americas) Holding, Inc., Mitsui O.S.K. Lines, Woodbridge, NJ. Ltd. 94,468A ...... MOL (America) Inc., MOL (Americas) Holding, Inc., Mitsui O.S.K. Lines, Atlanta, GA. Ltd. 94,468B ...... MOL (America) Inc., MOL (Americas) Holding, Inc., Mitsui O.S.K. Lines, Lombard, IL. Ltd. 94,468C ...... MOL (America) Inc., MOL (Americas) Holding, Inc., Mitsui O.S.K. Lines, Concord, CA. Ltd. 94,468D ...... MOL (America) Inc., MOL (Americas) Holding, Inc., Mitsui O.S.K. Lines, Gardena, CA. Ltd.

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

TA–W No. Subject firm Location Impact date

94,610 ...... AT&T, 240 North Meridian ...... Indianapolis, IN. 94,649 ...... Gannett Satellite Information Network, LLC, Gannett Co., Inc., Technology Louisville, KY. Division.

I hereby certify that the DEPARTMENT OF LABOR Negative Determinations (on remand aforementioned determinations were from the Court of International Trade) issued during the period of June 1, 2019 Employment and Training regarding eligibility to apply for trade through June 30, 2019. These Administration adjustment assistance under Chapter 2 of the Act (‘‘TAA’’) for workers by (TA– determinations are available on the Post-Initial Determinations Regarding Department’s website https:// Eligiblity To Apply for Trade W) number issued during the period of www.doleta.gov/tradeact/petitioners/ Adjustment Assistance June 1st through June 30th 2019. Post- taa_search_form.cfm under the initial determinations are issued after a searchable listing determinations or by In accordance with Sections 223 and petition has been certified or denied. A calling the Office of Trade Adjustment 284 (19 U.S.C. 2273 and 2395) of the post-initial determination may revise a Assistance toll free at 888–365–6822. Trade Act of 1974 (19 U.S.C. 2271, et certification, or modify or affirm a seq.) (‘‘Act’’), as amended, the negative determination. Signed at Washington, DC, this 22nd day Department of Labor herein presents of July 2019. Notice of Affirmative Determinations Notice of Revised Certifications of Hope D. Kinglock, Regarding Application for Eligibility Certifying Officer, Office of Trade Adjustment Reconsideration, summaries of Negative Assistance. Determinations Regarding Applications Revised certifications of eligibility [FR Doc. 2019–17702 Filed 8–16–19; 8:45 am] for Reconsideration, summaries of have been issued with respect to cases where affirmative determinations and BILLING CODE 4510–FN–P Revised Certifications of Eligibility, summaries of Revised Determinations certificates of eligibility were issued (after Affirmative Determination initially, but a minor error was Regarding Application for discovered after the certification was Reconsideration), summaries of issued. The revised certifications are Negative Determinations (after issued pursuant to the Secretary’s Affirmative Determination Regarding authority under section 223 of the Act Application for Reconsideration), and 29 CFR 90.16. Revised summaries of Revised Determinations Certifications of Eligibility are final (on remand from the Court of determinations for purposes of judicial International Trade), and summaries of review pursuant to section 284 of the

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Act (19 U.S.C. 2395) and 29 CFR separation and to the decline in the Section 222(e)—Firms Identified by the 90.19(a). sales or production of such firm; OR International Trade Commission (B) Shift in Production or Services to Summary of Statutory Requirement In order for an affirmative a Foreign Country Path OR Acquisition determination to be made for adversely (This Notice primarily follows the of Articles or Services from a Foreign affected workers in firms identified by language of the Trade Act. In some Country Path: the International Trade Commission and places however, changes such as the (i)(I) There has been a shift by such a certification issued regarding inclusion of subheadings, a workers’ firm to a foreign country in the eligibility to apply for TAA, the group reorganization of language, or ‘‘and,’’ production of articles or the supply of eligibility requirements of Section ‘‘or,’’ or other words are added for services like or directly competitive 222(e) of the Act (19 U.S.C. 2272(e)) clarification.) with articles which are produced or must be met, by following criteria (1), services which are supplied by such Section 222(a)—Workers of a Primary (2), and (3) as follows: firm; OR (1) The workers’ firm is publicly Firm (II) such workers’ firm has acquired identified by name by the International In order for an affirmative from a foreign country articles or Trade Commission as a member of a determination to be made for workers of services that are like or directly domestic industry in an investigation a primary firm and a certification issued competitive with articles which are regarding eligibility to apply for TAA, resulting in— produced or services which are (A) an affirmative determination of the group eligibility requirements under supplied by such firm; serious injury or threat thereof under Section 222(a) of the Act (19 U.S.C. AND section 202(b)(1) of the Act (19 U.S.C. 2272(a)) must be met, as follows: (ii) the shift described in clause (i)(I) (1) The first criterion (set forth in 2252(b)(1)); OR or the acquisition of articles or services (B) an affirmative determination of Section 222(a)(1) of the Act, 19 U.S.C. described in clause (i)(II) contributed market disruption or threat thereof 2272(a)(1)) is that a significant number importantly to such workers’ separation under section 421(b)(1) of the Act (19 or proportion of the workers in such or threat of separation. U.S.C. 2436(b)(1)); OR workers’ firm (or ‘‘such firm’’) have (C) an affirmative final determination Section 222(b)—Adversely Affected become totally or partially separated, or of material injury or threat thereof under Secondary Workers are threatened to become totally or section 705(b)(1)(A) or 735(b)(1)(A) of partially separated; In order for an affirmative the Tariff Act of 1930 (19 U.S.C. AND (2(A) or 2(B) below) determination to be made for adversely 1671d(b)(1)(A) and 1673d(b)(1)(A)); (2) The second criterion (set forth in affected secondary workers of a firm and AND Section 222(a)(2) of the Act, 19 U.S.C. a certification issued regarding (2) the petition is filed during the 1- 2272(a)(2)) may be satisfied by either (A) eligibility to apply for TAA, the group year period beginning on the date on the Increased Imports Path, or (B) the eligibility requirements of Section which— Shift in Production or Services to a 222(b) of the Act (19 U.S.C. 2272(b)) (A) a summary of the report submitted Foreign Country Path/Acquisition of must be met, as follows: to the President by the International Articles or Services from a Foreign (1) A significant number or proportion Trade Commission under section Country Path, as follows: of the workers in the workers’ firm or 202(f)(1) of the Trade Act (19 U.S.C. (A) Increased Imports Path: an appropriate subdivision of the firm 2252(f)(1)) with respect to the (i) the sales or production, or both, of have become totally or partially affirmative determination described in such firm, have decreased absolutely; separated, or are threatened to become paragraph (1)(A) is published in the AND (ii and iii below) totally or partially separated; Federal Register under section 202(f)(3) (ii) (I) imports of articles or services AND (19 U.S.C. 2252(f)(3)); OR like or directly competitive with articles (2) the workers’ firm is a supplier or (B) notice of an affirmative produced or services supplied by such downstream producer to a firm that determination described in firm have increased; OR employed a group of workers who subparagraph (B) or (C) of paragraph (1) (II)(aa) imports of articles like or received a certification of eligibility is published in the Federal Register; directly competitive with articles into under Section 222(a) of the Act (19 AND which one or more component parts U.S.C. 2272(a)), and such supply or (3) the workers have become totally or produced by such firm are directly production is related to the article or partially separated from the workers’ incorporated, have increased; OR service that was the basis for such firm within— (II)(bb) imports of articles like or certification (as defined in subsection (A) the 1-year period described in directly competitive with articles which 222(c)(3) and (4) of the Act (19 U.S.C. paragraph (2); OR are produced directly using the services 2272(c)(3) and (4)); (B) notwithstanding section 223(b) of supplied by such firm, have increased; AND the Act (19 U.S.C. 2273(b)), the 1-year OR (3) either— period preceding the 1-year period (III) imports of articles directly (A) the workers’ firm is a supplier and described in paragraph (2). incorporating one or more component the component parts it supplied to the parts produced outside the United firm described in paragraph (2) Revised Determinations (After States that are like or directly accounted for at least 20 percent of the Affirmative Determination Regarding competitive with imports of articles production or sales of the workers’ firm; Application for Reconsideration) incorporating one or more component OR The following revised determinations parts produced by such firm have (B) a loss of business by the workers’ on reconsideration, certifying eligibility increased; firm with the firm described in to apply for TAA, have been issued. The AND paragraph (2) contributed importantly to date following the company name and (iii) the increase in imports described the workers’ separation or threat of location of each determination in clause (ii) contributed importantly to separation determined under paragraph references the impact date for all such workers’ separation or threat of (1). workers of such determination.

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The following revised determinations requirements of Section 222(a)(2)(B) Articles or Services from a Foreign on reconsideration, certifying eligibility (Shift in Production or Services to a Country Path) of the Trade Act have to apply for TAA, have been issued. The Foreign Country Path or Acquisition of been met.

TA–W No. Subject firm Location Impact date

93,702 ...... Koppers Inc...... Follansbee, WV ...... 5/28/2018 93,702A ...... Koppers Inc...... Clairton, PA ...... 5/28/2018 94,354 ...... iMedX, Inc...... Atlanta, GA ...... 7/14/2018

I hereby certify that the 2019, and all trials need to be completed thousand U.S. dollars). First place will aforementioned determinations were by the Trial Deadline of September 30th, receive $300,000 (three hundred issued during the period of June 1st 2020. thousand U.S. dollars). Two runners-up through June 30th 2019 These ADDRESSES: The Vascular Tissue may be awarded $100,000 (one hundred determinations are available on the Challenge will be conducted and judged thousand U.S. dollars) each. Entries Department’s website https:// at the laboratory facilities of the must meet specific requirements www.doleta.gov/tradeact/petitioners/ participants. detailed in the Rules to be eligible for taa_search_form.cfm under the prize awards. FOR FURTHER INFORMATION CONTACT: searchable listing determinations or by To II. Eligibility To Participate and Win calling the Office of Trade Adjustment register for or get additional information Prize Money Assistance toll free at 888–365–6822. regarding the Vascular Tissue Challenge, please visit: https:// Signed at Washington, DC, this 22nd day To be eligible to win a prize, www.neworgan.org/prizes/vascular- competitors must: of July 2019. tissue-prize/. Hope D. Kinglock, (1) Register and comply with all For general information on the NASA requirements in the rules and Team Certifying Officer, Office of Trade Adjustment Centennial Challenges Program please Assistance. Agreement; visit: http://www.nasa.gov/challenges. (2) In the case of a private entity, shall [FR Doc. 2019–17700 Filed 8–16–19; 8:45 am] General questions and comments be incorporated in and maintain a BILLING CODE 4510–FN–P regarding the program should be primary place of business in the United addressed to Monsi Roman, Centennial States, and in the case of an individual, Challenges Program, NASA Marshall whether participating singly or in a NATIONAL AERONAUTICS AND Space Flight Center Huntsville, AL group, shall be a citizen or permanent SPACE ADMINISTRATION 35812. Email address: hq-stmd- resident of the United States; and [email protected]. [Notice: (19–047)] (3) Not be a Federal entity or Federal SUPPLEMENTARY INFORMATION: employee acting within the scope of Notice of Centennial Challenge Summary their employment. Vascular Tissue Challenge Competitors will be asked to produce III. Official Rules AGENCY: National Aeronautics and an in vitro vascularized tissue that is >1 The complete rules for the Vascular Space Administration (NASA). centimeter in thickness in all Tissue Challenge can be found at: ACTION: Notice. dimensions at the launch of the trial and https://www.neworgan.org/prizes/ maintains >85% survival of the required SUMMARY: vascular-tissue-prize/. This notice is updating the parenchymal cells throughout a 30 Centennial Challenge Vascular Tissue calendar day period. Tissues must Cheryl Parker, Challenge that was published June 13, provide adequate blood perfusion NASA Federal Register Liaison Officer. 2016, Document Number 2016–13795. without uncontrolled leakage into the [FR Doc. 2019–17789 Filed 8–16–19; 8:45 am] The Vascular Tissue Challenge is open bulk tissue to maintain metabolic BILLING CODE 7510–13–P and teams that wish to compete may functionality similar to their in vivo now register. Centennial Challenges is a native cells. Histological measurement program of prize competitions to of the quality and amount of functional NUCLEAR REGULATORY stimulate innovation in technologies of performance will be required to COMMISSION interest and value to NASA and the determine survival of parenchymal [Docket No. 50–289; NRC–2018–0266] nation. The Vascular Tissue Challenge tissue. Teams must demonstrate 3 is a prize competition with a $500,000 successful trials with at least a 75% trial Exelon Generation Company, LLC; prize purse for teams that can success rate to win an award. In successfully create thick, human Three Mile Island Nuclear Station, Unit addition to the in-vitro trials, teams 1 vascularized organ tissue in an in vitro must also submit a Spaceflight environment while maintaining Experiment Concept that details how AGENCY: Nuclear Regulatory metabolic functionality similar to their they would further advance an aspect of Commission. in vivo functionality throughout a 30- their tissue vascularization research day survival period. NASA is providing ACTION: License amendment application; through a microgravity experiment that withdrawal by applicant. the prize purse. The Methuselah could be conducted in the U.S. National Foundation’s New Organ Alliance is the Laboratory (ISS–NL) onboard the SUMMARY: The U.S. Nuclear Regulatory Allied Organization managing the International Space Station. Commission (NRC) has granted the competition. request of Exelon Generation Company, DATES: This is a ‘‘first to demonstrate’’ I. Prize Amounts LLC to withdraw its application dated competition. Teams must submit their The total Vascular Tissue Challenge September 20, 2018, for a proposed intent to compete by September 30th, prize purse is $500,000 (five hundred amendment to Renewed Facility

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Operating License No. DPR–50 for the Three Mile Island Nuclear Station, Unit RAILROAD RETIREMENT BOARD Three Mile Island Nuclear Station, Unit 1, located in Dauphin County, 1. The proposed amendment would Pennsylvania. Sunshine Act Meetings have revised Technical Specification The amendment would have revised 4.4.2.1, ‘‘Inservice Tendon Surveillance TIME AND DATE: 10:00 a.m., August 28, Technical Specification 4.4.2.1, 2019. Requirements,’’ to add the words ‘‘Inservice Tendon Surveillance PLACE: ‘‘except where an alternative, Requirements.’’ The amendment would 8th Floor Board Conference exemption, or relief has been authorized have added the words ‘‘except where an Room, 844 North Rush Street, Chicago, by the NRC’’ to allow NRC-approved alternative, exemption, or relief has Illinois 60611. exceptions. been authorized by the NRC’’ to allow STATUS: This meeting will be open to the DATES: The withdrawal of the proposed NRC-approved exceptions to the section public. amendment takes effect on August 19, 50.55a of title 10 of the Code of Federal MATTERS TO BE CONSIDERED: 2019. Regulations requirements. Also, the (1) Update from Wisconsin Central amendment would have added a note to Working Group ADDRESSES: Please refer to Docket ID exempt from the requirements of (2) Status update on Albany Field Office NRC–2018–0266 when contacting the Surveillance Requirement 4.0.1. (3) Welcome new Director of NRC about the availability of Operations/Project Management, information regarding this document. Exelon’s September 20, 2018, request Terryne Murphy. You may obtain publicly-available was noticed in the Federal Register on information related to this document November 20, 2018 (83 FR 58613). CONTACT PERSON FOR MORE INFORMATION: Stephanie Hillyard, Secretary to the using any of the following methods: Dated at Rockville, Maryland, this 13th day Board, Phone No. 312–751–4920. • Federal Rulemaking Website: Go to of August, 2019. https://www.regulations.gov and search For the Nuclear Regulatory Commission. Dated: August 15, 2019. for Docket ID NRC–2018–0266. Address James G. Danna, Stephanie Hillyard, questions about NRC docket IDs in Secretary to the Board. Regulations.gov to Jennifer Borges; Chief, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of [FR Doc. 2019–17913 Filed 8–15–19; 4:15 pm] telephone: 301–287–9127; email: Nuclear Reactor Regulation. BILLING CODE 7905–01–P [email protected]. For technical [FR Doc. 2019–17684 Filed 8–16–19; 8:45 am] questions, contact the individual listed in the FOR FURTHER INFORMATION BILLING CODE 7590–01–P CONTACT section of this document. SECURITIES AND EXCHANGE • NRC’s Agencywide Documents COMMISSION Access and Management System POSTAL SERVICE [Release No. 34–86643; File No. SR– (ADAMS): You may obtain publicly- NYSEArca–2019–04] available documents online in the Market Test of Experimental Product: ADAMS Public Documents collection at ‘‘Plus One’’ Self-Regulatory Organizations; NYSE https://www.nrc.gov/reading-rm/ Arca, Inc.; Notice of Designation of a adams.html. To begin the search, select AGENCY: Postal ServiceTM. Longer Period for Commission Action ‘‘Begin Web-based ADAMS Search.’’ For on Proceedings To Determine Whether problems with ADAMS, please contact ACTION: Notice of market test. To Approve or Disapprove a Proposed the NRC’s Public Document Room (PDR) Rule Change Amending NYSE Arca reference staff at 1–800–397–4209, 301– SUMMARY: The Postal Service gives Rule 5.2–E(j)(3) To Adopt Generic 415–4737, or by email to pdr.resource@ notice of a market test of an Listing Standards for Investment nrc.gov. The ADAMS accession number experimental product in accordance Company Units Based on an Index of for each document referenced (if it is with statutory requirements. Municipal Bond Securities available in ADAMS) is provided the DATES: August 19, 2019. first time that it is mentioned in this August 13, 2019. document. FOR FURTHER INFORMATION CONTACT: On February 8, 2019, NYSE Arca, Inc. • NRC’s PDR: You may examine and David H. Rubin, 202–268–2986. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed purchase copies of public documents at with the Securities and Exchange SUPPLEMENTARY INFORMATION: The the NRC’s PDR, Room O1–F21, One Commission (‘‘Commission’’), pursuant United States Postal Service hereby White Flint North, 11555 Rockville to Section 19(b)(1) of the Securities gives notice pursuant to 39 U.S.C. Pike, Rockville, Maryland 20852. Exchange Act of 1934 (‘‘Act’’) 1 and Rule 3641(c)(1) that it plans to begin a market 2 FOR FURTHER INFORMATION CONTACT: 19b–4 thereunder, a proposed rule test of its ‘‘Plus One’’ experimental change to amend NYSE Arca Rule 5.2– Justin C. Poole, U.S. Nuclear Regulatory product on October 1, 2019. The Postal Commission, Washington DC 20555– E(j)(3) to adopt generic listing standards Service has filed with the Postal for Investment Company Units based on 0001; telephone: 301–415–2048, email: Regulatory Commission a notice setting [email protected]. an index or portfolio of municipal out the basis for the Postal Service’s securities. The proposed rule change SUPPLEMENTARY INFORMATION: determination that the market test is was published for comment in the The NRC has granted the request, covered by 39 U.S.C. 3641, and Federal Register on February 27, 2019.3 dated June 17, 2019 (ADAMS Accession describing the nature and scope of the On April 9, 2019, pursuant to Section No. ML19169A031), of Exelon market test. Documents are available at 19(b)(2) of the Act,4 the Commission Generation Company, LLC (the licensee) www.prc.gov, Docket No. MT2019–1. to withdraw its application, dated Brittany M. Johnson 1 15 U.S.C. 78s(b)(1). September 20, 2018 (ADAMS Accession 2 Attorney, Federal Compliance. 17 CFR 240.19b–4. No. ML18263A199), for proposed 3 See Securities Exchange Act Release No. 85170 amendment to Renewed Facility [FR Doc. 2019–17704 Filed 8–16–19; 8:45 am] (Feb. 21, 2019), 84 FR 6451. Operating License No. DPR–50 for the BILLING CODE 7710–12–P 4 15 U.S.C. 78s(b)(2).

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designated a longer period within which SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s to approve the proposed rule change, COMMISSION Statement of the Purpose of, and disapprove the proposed rule change, or Statutory Basis for, the Proposed Rule institute proceedings to determine [Release No. 34–86642; File No. SR– Change whether to disapprove the proposed NASDAQ–2019–064] 1. Purpose rule change.5 On May 28, 2019, the Commission instituted proceedings Self-Regulatory Organizations; The The Nasdaq Closing Cross is a price 6 discovery facility that crosses orders at under Section 19(b)(2)(B) of the Act to Nasdaq Stock Market LLC; Notice of a single price and establishes the determine whether to approve or Filing of Proposed Rule Change To disapprove the proposed rule change.7 Nasdaq Official Closing Price for a Amend Certain Cutoff Times for On- security. The Closing Cross was The Commission has received no Close Orders Entered for Participation comment letters on the proposed rule designed to create a robust close that in the Nasdaq Closing Cross and change. allows for efficient price discovery Section 19(b)(2) of the Act 8 provides Adopt a Second Reference Price for through a transparent automated that, after initiating disapproval Limit-on-Close Orders auction process. Nasdaq is proposing to (i) preclude on-close orders from being proceedings, the Commission shall issue August 13, 2019. an order approving or disapproving the cancelled or modified after 3:50 p.m. ET proposed rule change not later than 180 Pursuant to Section 19(b)(1) of the and (ii) permit Limit-on-Close orders days after the date of publication of Securities Exchange Act of 1934 entered after 3:55 p.m. ET to be notice of filing of the proposed rule (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 accepted and priced at or between the change. The Commission may extend notice is hereby given that on July 31, First or Second Reference Prices (as the period for issuing an order 2019, The Nasdaq Stock Market LLC defined below). Nasdaq believes that the approving or disapproving the proposed (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the proposed changes will enhance price rule change, however, by not more than Securities and Exchange Commission discovery, stability and transparency in 60 days if the Commission determines (‘‘Commission’’) the proposed rule the Closing Cross process. that a longer period is appropriate and change as described in Items I and II Nasdaq has proposed related enhancements to the Closing Cross publishes the reasons for such below, which Items have been prepared process that will be implemented in determination. The date of publication by the Exchange. The Commission is of notice of filing of the proposed rule conjunction with the proposed publishing this notice to solicit 3 change was February 27, 2019. August changes. On February 27, 2019, Nasdaq comments on the proposed rule change filed a proposed rule change to establish 26, 2019, is 180 days from that date, and from interested persons. October 25, 2019, is 240 days from that the Early Order Imbalance Indicator date. I. Self-Regulatory Organization’s (‘‘EOII’’) that the Exchange will begin The Commission finds it appropriate Statement of the Terms of Substance of disseminating at 3:50 p.m. or ten to designate a longer period within the Proposed Rule Change minutes prior to the market close. The which to issue an order approving or EOII will contain a subset of the disapproving the proposed rule change The Exchange proposes to amend information comprising the Net Order so that it has sufficient time to consider certain cutoff times for on-close orders Imbalance Indicator (‘‘NOII’’), which this proposed rule change. Accordingly, entered for participation in the Nasdaq will be disseminated at 3:55 p.m. or five the Commission, pursuant to Section Closing Cross and adopt a second minutes prior to the market close. 19(b)(2) of the Act,9 designates October reference price for limit-on-close orders The NOII is a message disseminated 25, 2019, as the date by which the by electronic means containing The text of the proposed rule change information about market-on-close Commission shall either approve or is available on the Exchange’s website at 4 5 disapprove the proposed rule change (‘‘MOC’’), limit-on-close (‘‘LOC’’), http://nasdaq.cchwallstreet.com, at the 6 (File No. SR–NYSEArca–2019–04). imbalance only (‘‘IO’’) orders, and principal office of the Exchange, and at Close Eligible Interest 7 and the price at For the Commission, by the Division of the Commission’s Public Reference which those orders would execute at the Trading and Markets, pursuant to delegated Room. time of dissemination.8 MOC, LOC and authority.10 Jill M. Peterson, II. Self-Regulatory Organization’s 3 See Securities Exchange Act Release No. 34– Assistant Secretary. Statement of the Purpose of, and 85292 (Mar. 12, 2019), 84 FR 9848 (Mar. 18, 2019) [FR Doc. 2019–17681 Filed 8–16–19; 8:45 am] Statutory Basis for, the Proposed Rule (SR–NASDAQ–2019–010). 4 A ‘‘Market on Close Order’’ or ‘‘MOC’’ is an BILLING CODE 8011–01–P Change Order Type entered without a price that may be In its filing with the Commission, the executed only during the Nasdaq Closing Cross. See 5 See Securities Exchange Act Release No. 85573, Exchange included statements Rule 4702(b)(11). 84 FR 15239 (Apr. 15, 2019). 5 Pursuant to Rule 4702(b)(12), a ‘‘Limit on Close 6 15 U.S.C. 78s(b)(2)(B). concerning the purpose of and basis for Order’’ or ‘‘LOC’’ is an Order Type entered with a 7 See Securities Exchange Act Release No. 85946, the proposed rule change and discussed price that may be executed only in the Nasdaq 84 FR 25599 (June 3, 2019). Specifically, the any comments it received on the Closing Cross, and only if the price determined by Commission instituted proceedings to allow for the Nasdaq Closing Cross is equal to or better than additional analysis of the proposed rule change’s proposed rule change. The text of these the price at which the LOC Order was entered. See consistency with Section 6(b)(5) of the Act, which statements may be examined at the Rule 4754(a)(9). requires, among other things, that the rules of a places specified in Item IV below. The 6 An ‘‘Imbalance Only Order’’ or ‘‘IO’’ is an Order national securities exchange be ‘‘designed to Exchange has prepared summaries, set entered with a price that may be executed only in prevent fraudulent and manipulative acts and the Nasdaq Closing Cross and only against MOC practices, to promote just and equitable principles forth in sections A, B, and C below, of Orders or LOC Orders. See Rule 4702(b)(13). of trade,’’ and ‘‘to protect investors and the public the most significant aspects of such 7 ‘‘Close Eligible Interest’’ means ‘‘any quotation interest.’’ See id. at 25602 (citing 15 U.S.C. statements. or any order that may be entered into the system 78f(b)(5)). and designated with a time-in-force of SDAY, 8 15 U.S.C. 78s(b)(2). SGTC, MDAY, MGTC, SHEX, or GTMC.’’ See Rule 9 Id. 1 15 U.S.C. 78s(b)(1). 4754(a)(1). 10 17 CFR 200.30–3(a)(57). 2 17 CFR 240.19b–4. 8 See Rule 4754(a)(7).

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IO orders are on-close order types that Cross. Nasdaq believes that this change ET (‘‘Late LOC’’) to be accepted and are executable only during the Closing will enhance stability in the Closing priced at either the First Reference Price Cross. Cross process because it will reduce the or the Second Reference Price. In possibility of participants modifying an connection with this change, Nasdaq is MOC Orders IO position in reaction to the EOII. In proposing to revise the definition of Currently, pursuant to Rule addition, participants may continue to First Reference Price in Rule 4754(a)(9) 4702(b)(11)(A), MOC orders may be enter IO orders until 3:55 p.m. ET, to refer to the Current Reference Price in entered, cancelled, and/or modified which allows participants to consider the EOII disseminated at 3:50 p.m. ET, between 4 a.m. ET and immediately information in the EOII in making or 10 minutes prior to the early closing prior to 3:55 p.m. ET. Between 3:55 p.m. informed decisions about whether and time on a day when Nasdaq closes early. ET and immediately prior to 3:58 p.m. how to participate in the Closing Cross. Nasdaq is also proposing to add a new ET, a MOC order can be cancelled and/ LOC Orders definition of Second Reference Price in or modified only if the participant Rule 4754(a)(11) to refer to the Current requests that Nasdaq correct a legitimate Currently, pursuant to Rule Reference Price in the NOII 9 error in the order. MOC orders cannot 4702(b)(12)(A), LOC orders may be disseminated at 3:55 p.m. ET, or five be cancelled or modified at or after 3:58 entered, cancelled, and/or modified minutes prior to the early closing time p.m. ET for any reason. between 4 a.m. ET and immediately on a day when Nasdaq closes early. In conjunction with the adoption of prior to 3:55 p.m. ET. Between 3:55 p.m. Under the proposed rule change, a EOII, Nasdaq is proposing to revise Rule ET and immediately prior to 3:58 p.m. LOC order may be entered, cancelled 4702(b)(11)(A) to permit MOC orders to ET, LOC orders may be entered and/or modified between 4 a.m. ET and be entered until 3:55 p.m. ET and provided that there is a First Reference immediately prior to 3:50 p.m. ET. prohibit cancellation or modification of Price 10 and may be cancelled, but not Between 3:50 p.m. ET and 3:55 p.m. ET, MOC orders after 3:50 p.m. ET except to modified, only if the participant a LOC order may be entered but can correct a legitimate error in the order. requests that Nasdaq correct a legitimate Nasdaq believes that these changes will error in the order. A LOC order entered only be cancelled and/or modified if the enhance stability in the Closing Cross between 3:55 p.m. ET and immediately participant requests that Nasdaq correct process because they will reduce the prior to 3:58 p.m. ET is accepted at its a legitimate error in the order. Between possibility of large indicative price limit price, unless its limit price is 3:55 p.m. ET and immediately prior to movements due to participants higher (lower) than the First Reference 3:58 p.m. ET, a Late LOC order may be cancelling or modifying orders in Price for an LOC order to buy (sell), in entered, provided that there is a First reaction to the EOII. It will also enhance which case the LOC order is handled Reference Price or a Second Reference the price discovery and liquidity of a consistent with the Participant’s Price. Late LOC orders can also only be security by increasing the number of instruction that the LOC order is to be: cancelled and/or modified if the participants in the Nasdaq Closing (1) Rejected; or (2) re-priced to the First participant requests that Nasdaq correct Cross, which establishes the Nasdaq Reference Price, provided that if the a legitimate error in the order. LOC Official Closing Price for a security. In First Reference Price is not at a orders cannot be cancelled or modified addition, participants may continue to permissible minimum increment, the at or after 3:58 p.m. enter MOC orders until 3:55 p.m. ET, First Reference Price will be rounded (i) A Late LOC order to buy will be which allows participants to consider to the nearest permitted minimum accepted at its limit price, unless its information in the EOII in making increment (with midpoint prices being limit price is higher than the higher of informed decisions about whether and rounded up) if there is no imbalance, (ii) the First Reference Price and the Second how to participate in the Closing Cross. up if there is a buy imbalance, or (iii) Reference Price, in which case the Late LOC order will be handled consistent IO Orders down if there is a sell imbalance. The default configuration for participants with the participant’s instruction that Currently, pursuant to Rule that do not specify otherwise is to have the Late LOC order is to be: (1) Rejected; 4702(b)(13)(A), an IO order may be such LOC orders re-priced rather than or (2) re-priced to the higher of the First entered between 4:00 a.m. ET until the rejected. Reference Price and the Second time of execution of the Nasdaq Closing In conjunction with the adoption of Reference Price. Similarly, a Late LOC Cross, but may not be cancelled or EOII, Nasdaq is proposing to revise Rule order to sell will be accepted at its limit modified at or after 3:55 p.m. ET. 4702(b)(12)(A) to expand the order entry price, unless its limit price is lower than Between 3:55 p.m. ET and immediately of a LOC order submitted after 3:55 p.m. the lower of the First Reference Price prior to 3:58 p.m. ET, however, an IO and the Second Reference Price, in order can be cancelled and/or modified 10 ‘‘First Reference Price’’ is presently defined as which case the Late LOC order will be if the participant requests that Nasdaq ‘‘the Current Reference Price in the first Order handled consistent with the correct a legitimate error in the order. IO Imbalance Indicator disseminated at or after 3:55 p.m. ET.’’ See Rule 4754(a)(9). ‘‘Current Reference participant’s instruction that the LOC orders cannot be cancelled or modified Price’’ means the following: (i) The single price that order is to be: (1) Rejected; or (2) re- at or after 3:58 p.m. ET for any reason. is at or within the current Nasdaq Market Center priced to the lower of the First In conjunction with the adoption of best bid and offer at which the maximum number Reference Price and the Second of shares of MOC, LOC, and IO orders can be EOII, Nasdaq is proposing to revise Rule Reference Price.11 For example, if the 4702(b)(13)(A) to prohibit cancellation paired; (ii) if more than one price exists under subparagraph (i), the Current Reference Price shall or modification of IO orders after 3:50 mean the price that minimizes any Imbalance; (iii) 11 In each case, if either the First Reference Price p.m. ET except to correct a legitimate if more than one price exists under subparagraph or the Second Reference Price is not at a error in the order. IO orders provide (ii), the Current Reference Price shall mean the permissible minimum increment, the First liquidity and are intended to offset a entered price at which shares will remain Reference Price or the Second Reference Price, as unexecuted in the cross; or (iv) if more than one applicable, will be rounded (i) to the nearest buy or sell imbalance during the Closing price exists under subparagraph (iii), the Current permitted minimum increment (with midpoint Reference Price shall mean the price that minimizes prices being rounded up) if there is no imbalance, 9 ‘‘Legitimate error’’ for a MOC, LOC or IO order the distance from the bid-ask midpoint of the inside (ii) up if there is a buy imbalance, or (iii) down if includes, for example, an error in the Side, Size, quotation prevailing at the time of the order there is a sell imbalance. The default configuration Symbol, or Price, or duplication of an order, as set imbalance indicator dissemination. See Rule for participants that do not specify otherwise will forth in the applicable rule for each Order Type. 4754(a)(7)(A). Continued

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First Reference Price for a security is to reflect the revised cutoff times for III. Date of Effectiveness of the $10 and the Second Reference Price is modifications to LOC orders. Nasdaq is Proposed Rule Change and Timing for $10.25, and a participant submits a Late also proposing to revise ‘‘Eligible Commission Action LOC order to buy the security with a Interest’’ to ‘‘Close Eligible Interest’’ in Within 45 days of the date of limit of $11, the order would either be Rules 4754(a)(7)(E)(ii) and 4754(b)(2)(A) publication of this notice in the Federal rejected or repriced to $10.25 in to correct an inadvertent error. Register or within such longer period accordance with the participant’s 2. Statutory Basis up to 90 days (i) as the Commission may instructions. designate if it finds such longer period Nasdaq believes that allowing Late The Exchange believes that its to be appropriate and publishes its LOC orders to be priced at the more proposal is consistent with Section 6(b) reasons for so finding or (ii) as to which aggressive of the two reference prices of the Act,15 in general, and furthers the the self-regulatory organization will provide flexibility to market objectives of Section 6(b)(5) of the Act,16 participants by allowing participants to consents, the Commission will: in particular, in that it is designed to (A) By order approve or disapprove consider information in both the EOII promote just and equitable principles of and NOII in making informed decisions the proposed rule change, or trade, to remove impediments to and (B) institute proceedings to determine about whether and how to participate in perfect the mechanism of a free and the Closing Cross. It will also increase whether the proposed rule change open market and a national market should be disapproved. participation for a wider variety of system, and, in general to protect liquidity providers who otherwise investors and the public interest IV. Solicitation of Comments would have had a Late LOC order because the proposed changes will Interested persons are invited to rejected or repriced if its limit was improve the stability and price submit written data, views, and outside of the First Reference Price. discovery process of the Closing Cross. arguments concerning the foregoing, Nasdaq believes that increased Prohibiting cancellation or modification including whether the proposed rule participation may enhance price of MOC, LOC or IO orders after 3:50 change is consistent with the Act. discovery and stability of the Closing p.m. ET will enhance stability in the Cross because it will allow more price Comments may be submitted by any of Closing Cross process because it will forming orders to offset imbalances and the following methods: reduce the possibility of large indicative to participate in the Closing Cross. price movements due to participants Electronic Comments Additional Conforming Changes cancelling or modifying orders in • Use the Commission’s internet In connection with the proposed rule reaction to the EOII, while participants comment form (http://www.sec.gov/ maintain the ability to cancel or modify rules/sro.shtml); or changes, Nasdaq is proposing to revise • Sections 118(a)(1),12 118(a)(2),13 and orders to correct a legitimate error in the Send an email to rule-comments@ 118(a)(3) 14 of Equity 7 Pricing Schedule order. In addition, permitting Late LOC sec.gov. Please include File Number SR– orders to be repriced at the more NASDAQ–2019–064 on the subject line. be to have Late LOC orders re-priced rather than aggressive of the First Reference Price or Paper Comments rejected. Second Reference Price may enhance 12 Section 118(a)(1) of the Equity 7 Pricing price discovery and stability of the • Send paper comments in triplicate Schedule currently provides that the fee for Closing Cross because it will allow more to Secretary, Securities and Exchange execution and routing of orders in Nasdaq-listed Commission, 100 F Street NE, securities is $0.0027 per share executed for a price forming orders to offset member with shares of liquidity provided in the imbalances and to participate in the Washington, DC 20549–1090. Opening and Closing Crosses, excluding Market-on- Closing Cross. All submissions should refer to File Close, Limit-on-Close (other than an Limit-on-Close Number SR–NASDAQ–2019–064. This Order entered between 3:50 p.m. ET and B. Self-Regulatory Organization’s file number should be included on the immediately prior to 3:55 p.m. ET), Market-on- Statement on Burden on Competition Open, Limit-on-Open, Good-til-Cancelled, and subject line if email is used. To help the Immediate-or-Cancel orders, through one or more of The Exchange does not believe that Commission process and review your its Nasdaq Market Center MPIDs that represent more than 0.01% of Consolidated Volume during the proposed rule change will impose comments more efficiently, please use the month. any burden on competition not only one method. The Commission will 13 Section 118(a)(2) of the Equity 7 Pricing necessary or appropriate in furtherance post all comments on the Commission’s Schedule currently provides that the fee for of the purposes of the Act. Rather, the internet website (http://www.sec.gov/ execution and routing of securities listed on NYSE is $0.0027 per share executed for a member with Exchange believes that the proposed rules/sro.shtml). Copies of the shares of liquidity provided in the Opening and rule changes are designed to render the submission, all subsequent Closing Crosses, excluding Market-on-Close, Limit- Nasdaq Closing Cross more transparent amendments, all written statements on-Close (other than an Limit-on-Close Order and more flexible to participants. The with respect to the proposed rule entered between 3:50 p.m. ET and immediately prior to 3:55 p.m. ET), Market-on-Open, Limit-on- proposed changes will affect all change that are filed with the Open, Good-til-Cancelled, and Immediate-or-Cancel participants using MOC, LOC and IO Commission, and all written orders, through one or more of its Nasdaq Market orders equally. communications relating to the Center MPIDs that represent more than 0.01% of proposed rule change between the Consolidated Volume during the month. C. Self-Regulatory Organization’s Commission and any person, other than 14 Section 118(a)(3) of the Equity 7 Pricing Statement on Comments on the Schedule currently provides that the fee for those that may be withheld from the execution and routing of orders in securities listed Proposed Rule Change Received From public in accordance with the on exchanges other than Nasdaq and NYSE (‘‘Tape Members, Participants, or Others provisions of 5 U.S.C. 552, will be B Securities’’) is $0.0027 per share executed for a member with shares of liquidity provided in the No written comments were either available for website viewing and Opening and Closing Crosses, excluding Market-on- solicited or received. printing in the Commission’s Public Close, Limit-on-Close (other than an Limit-on-Close Reference Room, 100 F Street NE, Order entered between 3:50 p.m. ET and Washington, DC 20549, on official immediately prior to 3:55 p.m. ET), Market-on- more than 0.01% of Consolidated Volume during Open, Limit-on-Open, Good-til-Cancelled, and the month. business days between the hours of Immediate-or-Cancel orders, through one or more of 15 15 U.S.C. 78f(b). 10:00 a.m. and 3:00 p.m. Copies of the its Nasdaq Market Center MPIDs that represent 16 15 U.S.C. 78f(b)(5). filing also will be available for

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inspection and copying at the principal Commission received no comment as acquisition consideration.8 The Price- office of the Exchange. All comments letters on the proposed rule change. The Based CVRs provide the acquiree’s received will be posted without change. Commission is publishing this notice to shareholders with some medium-term Persons submitting comments are solicit comments on Amendment No. 1 protection against poor stock price cautioned that we do not redact or edit from interested persons, and is performance of the shares of the personal identifying information from approving the proposed rule change, as acquirer by guaranteeing them a comment submissions. You should modified by Amendment No. 1, on an specified cash payment if the acquirer’s submit only information that you wish accelerated basis. average stock price is below a specified level at the time of maturity of the Price- to make available publicly. All II. Description of the Proposed Rule Based CVR.9 According to the Exchange, submissions should refer to File Change, as Modified by Amendment Event-Based CVRs are also typically Number SR–NASDAQ–2019–064, and No. 1 should be submitted on or before issued to the shareholders of an September 9, 2019. Section 703.18 of the Manual acquired entity as consideration in an currently provides only for the listing of acquisition transaction.10 Event-Based For the Commission, by the Division of CVRs that are related to the price of an Trading and Markets, pursuant to delegated CVRs entitle their holders to receive a authority.17 affiliate’s equity security (a ‘‘Price-Based specified cash payment upon the CVR’’).5 The Exchange proposes to occurrence of a specified event or events Jill M. Peterson, amend Section 703.18 of the Manual to Assistant Secretary. related to the business of the issuer or also provide for the listing of CVRs an affiliate of the issuer prior to the [FR Doc. 2019–17680 Filed 8–16–19; 8:45 am] based on the occurrence of a specified maturity date of the Event-Based CVR.11 BILLING CODE 8011–01–P event or events related to the business The Event-Based CVR provides the of the issuer or an affiliate of the issuer shareholders of the acquiree an (an ‘‘Event-Based CVR’’). As proposed additional interest in the medium-term SECURITIES AND EXCHANGE by the Exchange, an Event-Based CVR COMMISSION performance of the merged entity upon would be defined as an unsecured occurrence of its specified event(s).12 [Release No. 34–86651; File No. SR–NYSE– obligation of the issuer providing for a Pursuant to the amended proposal, the 2019–14] possible cash payment, within a Exchange would require that all specified time period, upon the material terms of a Price-Based or Event- Self-Regulatory Organizations; New occurrence of a specified event or events Based CVR be publicly disclosed prior York Stock Exchange LLC; Notice of relating to the business of the issuer of to listing a CVR.13 6 Filing of Amendment No. 1 and Order the CVR or an affiliate of such issuer. Section 703.18 of the Manual Granting Accelerated Approval of a The Exchange notes that, with the currently provides that the issuer of a Proposed Rule Change, as Modified by exception of the payment triggering listed CVR must be an entity that has Amendment No. 1, To Amend Section event or events, Event-Based CVRs are assets in excess of $100 million and 703.18 of the Listed Company Manual identical in structure to Price-Based meets the ‘‘size and earnings’’ 7 To Permit the Listing of Event-Based CVRs. The Exchange also proposes to requirements of Section 102 of the Contingent Value Rights and Make amend Section 703.18 of the Manual to Manual. While the proposed rule Other Changes to the Listing make other changes to the listing change will retain the $100 million Standards for Contingent Value Rights standards for both Price-Based and assets requirement for CVRs, the Event-Based CVRs, as described in more August 13, 2019. Exchange proposes to amend the detail below. reference to the ‘‘size and earnings According to the Exchange, Price- I. Introduction requirements’’ of Section 102 of the Based CVRs are generally distributed to Manual by specifying instead that the On April 25, 2019, New York Stock shareholders of an acquired company issuer must meet the requirements of Exchange LLC (‘‘NYSE’’ or the who are receiving shares of the acquirer ‘‘Exchange’’) filed with the Securities Sections 102.01B and 102.01C of the Manual.14 The requirements of Section and Exchange Commission material terms of a CVR prior to listing; (2) require (‘‘Commission’’) pursuant to Section public disclosure of an occurrence of any event or 102.01B of the Manual include the size 19(b)(1) of the Securities Exchange Act events upon which a CVR payment is conditioned, requirements for all newly-listed 1 or the failure of such event or events to occur, in operating companies. In the case of of 1934 (‘‘Act’’) and Rule 19b–4 accordance with Sections 202.05 and 202.06 of the 2 companies listing CVRs, Section thereunder, a proposed rule change to Manual; (3) specify that the Exchange will not list amend Section 703.18 of the Exchange’s a CVR if, at the time of the proposed listing, the 102.01B would require the company to Listed Company Manual (‘‘Manual’’) to issuer is below compliance with applicable listing have an aggregate market value of expand the circumstances under which standards; (4) state that, in addition to its original publicly held shares of $100 million 15 proposal to promptly delist any CVR when the and a $4.00 stock price. a contingent value right (‘‘CVR’’) may be issuer’s common stock ceases to be listed on a listed on the Exchange and make other national securities exchange, the Exchange will also As for the requirement for the issuer changes to the listing standards for promptly delist a CVR when the related equity of the CVR to also meet one of the security to which the cash payment at maturity is standards set forth in Section 102.01C of CVRs. The proposed rule change was tied is no longer listed on a national security published for comment in the Federal exchange; and (5) make technical, clarifying 8 See Notice, supra note 3, at 21861. 3 changes. Amendment No. 1 is available at https:// Register on May 15, 2019. On August 9 www.sec.gov/comments/sr-nyse-2019-14/ See id. at 21861–62. 8, 2019, the Exchange filed Amendment 10 See id. at 21862. 4 srnyse201914-5944385-189087.pdf. No. 1 to the proposed rule change. The 11 5 Under Section 703.18 of the Manual, Price- See id. See also Amendment No. 1. Based CVRs are defined as unsecured obligations of 12 See Notice, supra note 3, at 21862, which also 17 17 CFR 200.30–3(a)(12). the issuer providing for a possible cash payment at provides examples of common Event-Based CVRs. 1 15 U.S.C. 78s(b)(1). maturity based upon the price performance of an 13 See Amendment No. 1. 2 17 CFR 240.19b–4. affiliate’s equity security. 14 See proposed Section 703.18(A) of the Manual. 3 See Securities Exchange Act Release No. 85812 6 See proposed Section 703.18 of the Manual. See 15 As noted by the Exchange, this is the same (May 9, 2019), 84 FR 21861 (‘‘Notice’’). also Amendment No. 1. requirement that currently applies to companies 4 In Amendment No. 1, the Exchange revised the 7 See Notice, supra note 3, at 21862. See also transferring from another national securities proposal to: (1) Require public disclosure of all proposed Section 703.18 of the Manual. exchange. See Notice, supra note 3, at 21862.

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the Manual, that section sets forth two Currently, Section 703.18 of the III. Discussion and Commission financial standards, the Earnings Test Manual also provides that a CVR may be Findings and the Global Market Capitalization delisted when the related equity The Commission finds that the Test. The Global Market Capitalization security to which the cash payment at proposed rule change, as modified by Test, which was adopted subsequent to maturity is tied is delisted. To reflect Amendment No. 1, is consistent with the approval of Section 703.18 of the the fact that the delisting provision will the requirements of the Act and the Manual, requires that an issuer have now relate to both Price-Based CVRs rules and regulations thereunder $200 million in global market and Event-Based CVRs and that Event- applicable to a national securities capitalization at the time of listing, but Based CVRs are not tied to the exchange and, in particular, the includes no earnings criteria.16 In its performance of a specific security, the requirements of Section 6(b) of the Act proposal, the Exchange stated that it Exchange proposes to modify this and the rules and regulations believes that an issuer that meets the provision to provide that a CVR will thereunder. Specifically, the requirements of the Global Market also be delisted when the issuer’s Commission finds that the proposal is Capitalization Test is likely to be a common stock ceases to be listed on a consistent with Section 6(b)(5) of the substantial company capable of meeting national securities exchange.22 Pursuant Act,27 which requires that an exchange its financial obligations under the terms to the proposed rule change, if either the have rules designed to, among other of a listed CVR.17 According to the related equity security to which the cash things, prevent fraudulent and Exchange, most issuers currently qualify payment at maturity is tied or the manipulative acts and practices, remove for listing on the Exchange pursuant to common stock of a CVR issuer ceases to impediments to and perfect the the Global Market Capitalization Test.18 be listed on a national securities mechanisms of a free and open market The Earnings Test under Section exchange, the CVR will promptly be and a national market system, protect 102.01C would require the issuer of a delisted and the Exchange will not have investors and the public interest, and CVR to have an aggregate amount of pre- discretion to continue listing the CVR.23 not permit unfair discrimination tax earnings over its last three fiscal Finally, the Exchange proposes to between customers, issuers, brokers, or years and specified amounts during the update a reference in Section 703.18 of dealers.28 last two most recent fiscal years.19 the Manual to ‘‘New York Stock The development and enforcement of Pursuant to the amended proposed Exchange, Inc.’’ by replacing it with a adequate standards governing the initial rule change, the Exchange will not list reference to ‘‘New York Stock Exchange and continued listing of securities on an a CVR if, at the time of the proposed LLC,’’ which is the correct current legal exchange is an activity of critical listing, the issuer of the CVR has been entity name for the Exchange. In importance to financial markets and the deemed to be below compliance on an addition, the Exchange proposes to add investing public. Listing standards, ongoing basis with the listing standards an introductory sentence prior to the among other things, serve as a means for of the national securities exchange information circular form description an exchange to screen issuers and to where either the equity security to contained in Section 703.18 of the provide listed status only to bona fide whose price performance a Price-Based Manual. The Exchange represents that it companies that have or will have CVR is linked or the issuer’s common intends to issue an information circular sufficient public float, investor base, stock is listed.20 The amended proposed as described in Section 703.18 of the and trading interest to provide the depth rule change will also require the issuer Manual immediately prior to the listing and liquidity necessary to promote fair of an Event-Based CVR to make public of any CVR, including any Event-Based and orderly markets. Meaningful listing disclosure, in accordance with the CVR to inform members and member standards are especially important given provisions of Sections 202.05 and organizations of the special the expectations of investors regarding 202.06 of the Manual, upon the characteristics and risks of CVRs, as the nature of securities that have occurrence of any event that must occur well as the suitability requirements and achieved an exchange listing and the as a condition to the issuer’s obligation other applicable rules.24 role of an exchange in overseeing and to make a cash payment with respect to The Exchange further represents that assuring compliance with its listing the CVR (or if such an event is deemed it will monitor activity in CVRs, standards. Once a security has been to have occurred pursuant to the terms including Event-Based CVRs, to identify approved for initial listing, maintenance of the documents governing the CVR) or and deter any potential improper criteria allow an exchange to monitor at any such time as it becomes clear that trading activity in such securities and the status and trading characteristics of a condition to the cash payment with will adopt enhanced surveillance that issue to ensure that it continues to respect to the CVR has not been met as procedures to enable it to monitor CVRs meet the exchange’s standards for required by the documents governing alongside the common equity securities market depth and liquidity so that fair the terms of the CVR.21 of the issuer or its affiliates, as and orderly markets can be maintained. applicable.25 The Exchange also states CVRs are typically used as 16 See Section 102.01C(II) of the Manual. that it will rely on its existing trading consideration offered to the 17 See Notice, supra note 3, at 21862. surveillances, administered by the shareholders of the target company in a 18 See id. Exchange or the Financial Industry business combination transaction, such 19 See Section 102.01C(I) of the Manual. The Regulatory Authority (‘‘FINRA’’) on as a merger or an exchange offer. As Earnings Test requires that, subject to certain specified exclusions and adjustments, an issuer behalf of the Exchange, which are described above, the Exchange has have pre-tax earnings from continuing operations designed to detect violations of proposed to adopt listing standards for of: (1) At least $10,000,000 in the aggregate for the Exchange rules and applicable federal Event-Based CVRs as well as modify the last three fiscal years, at least $2,000,000 in each of securities laws.26 standards currently applicable to Price- the last two fiscal years, and a positive amount in each of the last three fiscal years; or (2) at least Based CVRs. CVRs have unique $12,000,000 in the aggregate for the last three fiscal 22 See id. years, at least $5,000,000 in the most recent fiscal 23 See Notice, supra note 3, at 21862; Amendment 27 15 U.S.C. 78f(b)(5). year, and at least $2,000,000 in the next most recent No. 1. 28 In approving this proposed rule change, the fiscal year. 24 See Notice, supra note 3, at 21862. Commission notes that it has considered the 20 See Amendment No. 1. 25 See id. proposed rule’s impact on efficiency, competition, 21 See id. 26 See id. and capital formation. See 15 U.S.C. 78c(f).

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characteristics that combine features of outstanding, at least 400 holders, a pursuant to Section 6(b)(5) of the Act in debt, equity, and securities derivative minimum life of one year, and at least that it would not permit a CVR to be instruments.29 The Commission $4 million market value.34 While the listed on the Exchange if the listed believes that the Exchange’s proposal to distribution and liquidity standards company was below compliance, and establish listing criteria for Event-Based applicable to CVRs can help to ensure therefore, potentially subject to CVRs should adequately address the there should be adequate depth, delisting, on the national securities unique concerns raised by the listing of liquidity, and investor interest to exchange where its common stock, or such securities and should help to support an exchange listing, the issuer equity security linked to the CVR, was ensure that only substantial companies requirements will provide some listed.37 Finally, as with Price-Based capable of meeting their financial minimum level of indicia that the issuer CVRs, Event-Based CVRs may be obligations can list such CVRs on the of a CVR should be able to meet any delisted when the aggregate market Exchange, thereby protecting investors future payment obligations to value of the publicly-held CVR is less and the public interest consistent with shareholders of Event-Based, as well as than $1,000,000 and will be promptly the Act. The Commission further Price-Based, CVRs pursuant to the delisted if either the related equity believes that, for many of the same applicable CVR agreement. security to which the cash payment at reasons as noted for Event-Based CVRs, The Commission recognizes that the maturity is tied 38 or the issuer’s the Exchange’s proposed revisions to its current quantitative standards for Price- common stock ceases to be listed on a current listing criteria applicable to Based CVRs require the company national securities exchange.39 The Price-Based CVRs are consistent with issuing the CVR to meet the NYSE Commission believes this latter the Act and the protection of investors. earnings requirements in order to list a requirement is important and consistent The proposal, as discussed below, CVR. While earnings at the time of with the protection of investors and the should also aid the Exchange in listing of a CVR can provide an public interest in that it ensures that the maintaining fair and orderly markets for indication that a company should be issuer of a CVR is meeting the continued CVRs and preventing fraudulent and able to meet its financial obligations on quantitative and qualitative listing manipulative acts and practices. the CVR in the future, the Commission standards of a national securities The Exchange’s proposed quantitative recognizes that earnings may not exchange on an ongoing basis while the listing standards should help to ensure necessarily be the only indicia that CVR is traded on the Exchange. that only substantial companies capable illustrates that a company can meet its In addition, the proposed rule change of meeting their financial obligations obligations under the terms of the CVR. would require that, prior to listing a issue Event-Based CVRs.30 This is Given that most listed companies now Price-Based or Event-Based CVR, an important in light of the contingent initially list on the Exchange using the issuer be required to publicly disclose financial obligations created by these Global Market Capitalization Test, that all material terms of the CVR.40 The instruments, and should serve to protect the Commission has found that such proposed rule change would also investors and the public interest by standards are consistent with the Act, require the issuer of an Event-Based ensuring that the companies listing and that the Exchange is retaining the CVR to make public disclosure upon the Event-Based CVRs on the Exchange are requirement that the issuer of a CVR occurrence of any event that must occur of substantial size, which can help to have assets in excess of $100 million as a condition to the issuer’s obligation indicate such companies have sufficient and must meet the requirements set to make a cash payment with respect to financial means to meet their settlement forth in Section 102.01B of the the CVR (or if such an event is deemed obligations. Specifically, an issuer of an Manual,35 the Commission believes it is to have occurred pursuant to the terms Event-Based CVR must have assets in reasonable for the Exchange to allow of the documents governing the CVR) or excess of $100 million, $100 million in CVRs to be listed by companies that at any such time as it becomes clear that market value of publicly-held shares,31 meet these new requirements. a condition to the cash payment with a price per share of at least $4.00,32 and The Exchange also will not list a CVR respect to the CVR has not been met as $200 million in global market if, at the time of the proposed listing, required by the documents governing capitalization at the time of listing or, in the issuer of the CVR has been deemed the terms of the CVR.41 The Commission the alternative, it meets the Earnings to be below compliance on an ongoing believes that these disclosure Test in Section 102.01C of the Manual.33 basis with the listing standards of the requirements should help to protect Taken together, the Commission national securities exchange where investors and the public interest by believes these criteria are important for either the equity security to whose price ensuring that investors have sufficient an issuer to meet to in order to list an performance a Price-Based CVR is information to make investment Event-Based CVR on the Exchange, as linked or the issuer’s common stock is decisions relating to CVRs. The 36 well as for the listing of Price-based listed. The Commission believes that Commission further believes that the CVRs. In addition, as with Price-Based this is consistent with the protection of requirement to publicly disclose CVRs, an Event-Based CVR issue must investors and the public interest whether a specified event has occurred have at least one million CVRs 34 See Section 703.18(B) of the Manual. 37 This is similar to existing listing requirements 35 29 See Securities Exchange Act Release No. 28072 See text accompanying supra notes 14–15 for other types of securities. See, e.g., Sections (May 30, 1990), 55 FR 23166 (June 6, 1990) (SR– (describing these requirements as applicable to 102.07 (listing standards for Equity Investment NYSE–90–15) (order approving original listing CVRs). Tracking Stocks) and 102.08 (listing standards for standards for CVRs on the Exchange). 36 See Amendment No. 1. The issuer of a CVR Subscription Receipts) of the Manual. 30 An issuer must also comply with the corporate also has to comply with the corporate governance 38 The Commission notes that the reference in this requirements of the national securities exchange governance requirements of either the Exchange or delisting provision to the related equity security to where its common stock or equity security is listed. the national securities exchange where its common which the cash payment at maturity is tied applies An issuer of a CVR may not be below compliance stock or equity security is listed. primarily to Price-Based CVRs since an Event-Based with these corporate governance standards (as well 31 CVR is tied to an event rather than the market price See Section 102.01B of the Manual. as the quantitative continued listing standards) for 32 See id. its common stock or equity security on the national of another listed equity security. 33 See Section 102.01C of the Manual. See also securities exchange where such security is listed at 39 See Section 703.18 of the Manual; Amendment supra note 19 (describing the requirements of the the time of the listing of the CVR. This should No. 1. Earnings Test); proposed Section 703.18(A) of the provide additional protections for investors in both 40 See Amendment No. 1. Manual. Event-Based and Price-Based CVRs. 41 See id.

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or failed to occur should help to protect recommendations for investors to developed sufficient standards to allow investors and prevent fraudulent purchase such securities.45 the listing of Event-Based CVRs on the manipulative acts and practices by The Exchange will also monitor Exchange and finds the proposal ensuring that investors and market activity in Event-Based CVRs to identify consistent with the requirements set participants will have access to and deter any potential improper forth under the Act, and in particular, important information needed to trade, trading activity in such securities and Section 6(b)(5). For similar reasons, the and make investment decisions in, the will adopt enhanced surveillance Commission finds that the revised CVRs and that such information will be procedures to enable it to monitor standards for Price-Based CVRs are also publicly available to all investors at the Event-Based CVRs alongside the consistent with the Act.47 same time. Notification to the Exchange, common equity securities of the issuer IV. Solicitation of Comments on as required by Section 202.06 of the or its affiliates, as applicable. Since Amendment No. 1 to the Proposed Rule Manual, will also provide the Exchange news and information concerning a Change with the information necessary for it to company and its primary equity security determine whether a temporary trading or common stock can have an impact on Interested persons are invited to halt may be appropriate for an Event- the company’s Event-Based CVRs, this submit written data, views, and Based or Price-Based CVR in order to enhanced surveillance should help to arguments concerning whether ensure fair and orderly markets.42 monitor the trading activity in the Amendment No. 1 is consistent with the Under the Exchange’s proposal, Event-Based CVRs.46 To the extent the Act. Comments may be submitted by Event-based CVRs are defined as an common equity security is traded on any of the following methods: unsecured obligation of the issuer another national securities exchange, Electronic Comments providing for a possible cash payment these procedures are expected to ensure • upon the occurrence of a specified event proper coordination. The Commission Use the Commission’s internet or events related to the business of the believes that these safeguards and comment form (http://www.sec.gov/ issuer or an affiliate of the issuer. The standards should help to ensure that the rules/sro.shtml); or • Send an email to rule-comments@ Commission believes that requiring that listing, and continued listing, of any sec.gov. Please include File Number SR– the CVR to be related to the business of Event-Based CVRs on the Exchange (as NYSE–2019–14 on the subject line. the issuer or an affiliate of the issuer is well as Price-Based CVRs under the an essential requirement that ensures revised listing standards) will be Paper Comments that the company will have the consistent with investor protection, the • information necessary to determine if Send paper comments in triplicate public interest, and the maintenance of to Secretary, Securities and Exchange the required events have occurred or not fair and orderly markets. In this regard, occurred within any required time Commission, 100 F Street NE, the Commission expects the Exchange Washington, DC 20549–1090. frames under the terms of the CVR and to thoroughly review any potential All submissions should refer to File make timely required public listing of Event-Based CVRs, as well as 43 Number SR–NYSE–2019–14. This file disclosure. Price-Based CVRs, to ensure that its Moreover, the Exchange’s proposed number should be included on the listing standards have been met and rule for listing Event-Based CVRs also subject line if email is used. To help the continue to be met, as well as to monitor addresses the additional regulatory Commission process and review your trading in the Event-Based and Priced- concerns raised by these products. Like comments more efficiently, please use Based CVRs and related common stock other financial products with unique only one method. The Commission will or equity security of the issuer. features trading on the Exchange, Event- post all comments on the Commission’s Based on the above, the Commission Based CVRs combine features of debt, internet website (http://www.sec.gov/ believes the proposed rule change is equity, and securities derivative rules/sro.shtml). Copies of the reasonable and should provide for the instruments. Consequently, this product submission, all subsequent listing of Event-Based CVRs, with may be more complex than straight amendments, all written statements baseline investor protection and other stock, bond, or equity warrants. In this with respect to the proposed rule standards. The Commission believes, as filing, the Exchange has proposed to change that are filed with the discussed above, that the Exchange has distribute an information circular Commission, and all written apprising member firms of the special communications relating to the 45 In particular, the circular states, among other characteristics, risks, and suitability things, that it is suggested that transactions in CVRs proposed rule change between the obligations associated with Event-Based be recommended only to investors whose accounts Commission and any person, other than CVRs.44 The Commission believes have been approved for options trading and that those that may be withheld from the distribution of this information circular members making recommendations in CVRs should public in accordance with the make a determination that the customer has such will help to alert members to the special knowledge and experience in financial matters that provisions of 5 U.S.C. 552, will be disclosure and suitability obligations the customer may reasonably be expected to be available for website viewing and that apply to Event-Based CVRs and that capable of evaluating the risks and special printing in the Commission’s Public are relevant in making characteristics, and is financially able to bear the Reference Room, 100 F Street NE, risks, of a recommendation to invest in CVRs. These requirements, among others set forth in the circular, Washington, DC 20549, on official 42 Section 202.06 of the Manual, among other should help to ensure that members recommend business days between the hours of things, requires notification by listed companies to transactions only to those customers with an 10:00 a.m. and 3:00 p.m. Copies of the the Exchange at least 10 minutes before a material understanding of the risks attendant to the trading filing also will be available for news announcement if such announcement is made of Event-Based CVRs. The Commission notes that between 7:00 a.m. and 4:00 p.m. so the Exchange the information circular will be in the same form inspection and copying at the principal can consider whether trading in the security should as the one the Exchange currently distributes in be temporarily halted. connection with Price-Based CVRs. See proposed 47 15 U.S.C. 78s(b)(4) and (b)(5). The Commission 43 The Commission notes that under the Section 703.18 of the Manual. further believes that the Exchange’s proposal to Exchange’s rules, Price-Based CVRs are similarly 46 As noted above, the Exchange will also rely on update a reference in the rule text and make other related to the performance of an affiliate’s equity its existing trading surveillances, administered by conforming changes to Section 703.18 of the security. the Exchange or FINRA on behalf of the Exchange, Manual is consistent with the Act in that it will 44 See Notice, supra note 3, at 21862; infra, note which are designed to detect violations of Exchange enhance the clarity of the proposed rule and 45. See also proposed Section 703.18 of the Manual. rules and applicable federal securities laws. thereby reduce potential investor confusion.

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office of the Exchange. All comments a CVR, or will delist a CVR, which will I. Self-Regulatory Organization’s received will be posted without change. provide additional protections for Statement of the Terms of Substance of Persons submitting comments are potential investors in CVRs. The the Proposed Rule Change cautioned that we do not redact or edit Commission also believes that personal identifying information from Amendment No. 1 provides additional Cboe EDGX Exchange, Inc. (‘‘EDGX’’ comment submissions. You should accuracy, clarity, and justification to the or the ‘‘Exchange’’) is filing with the submit only information that you wish proposal, thereby facilitating the Securities and Exchange Commission to make available publicly. All Commission’s ability to make the (the ‘‘Commission’’) a proposed rule submissions should refer to File findings set forth above to approve the change to amend the fee schedule to Number SR–NYSE–2019–14, and proposal. Accordingly, the Commission institute a Derived Data API Service. should be submitted on or before finds good cause, pursuant to Section The text of the proposed rule change is September 9, 2019. 19(b)(2) of the Act,48 to approve the attached as Exhibit 5 [sic]. V. Accelerated Approval of Proposed proposed rule change, as modified by The text of the proposed rule change Rule Change, as Modified by Amendment No. 1, on an accelerated is also available on the Exchange’s Amendment No. 1 basis. website (http://markets.cboe.com/us/ options/regulation/rule_filings/edgx/), The Commission finds good cause to VI. Conclusion approve the proposed rule change, as at the Exchange’s Office of the modified by Amendment No. 1, prior to It is therefore ordered, pursuant to Secretary, and at the Commission’s the thirtieth day after the date of Section 19(b)(2) of the Act,49 that the Public Reference Room. publication of notice of the filing of proposed rule change (SR–NYSE–2019– II. Self-Regulatory Organization’s Amendment No. 1 in the Federal 14), as modified by Amendment No. 1, Statement of the Purpose of, and Register. As discussed above, in be, and hereby is, approved on an Statutory Basis for, the Proposed Rule Amendment No. 1, the Exchange accelerated basis. Change revised the proposal to: (1) Require public disclosure of all material terms of For the Commission, by the Division of In its filing with the Commission, the Trading and Markets, pursuant to delegated a CVR prior to listing; (2) require public Exchange included statements authority.50 disclosure of an occurrence of any event concerning the purpose of and basis for or events upon which a CVR payment Jill M. Peterson, the proposed rule change and discussed is conditioned, or the failure of such Assistant Secretary. any comments it received on the event or events to occur, in accordance [FR Doc. 2019–17694 Filed 8–16–19; 8:45 am] proposed rule change. The text of these with Sections 202.05 and 202.06 of the BILLING CODE 8011–01–P statements may be examined at the Manual; (3) specify that the Exchange places specified in Item IV below. The will not list a CVR if, at the time of the Exchange has prepared summaries, set proposed listing, the issuer is below SECURITIES AND EXCHANGE forth in sections A, B, and C below, of compliance with applicable listing COMMISSION the most significant aspects of such standards; (4) state that, in addition to statements. its original proposal to promptly delist any CVR when the issuer’s common [Release No. 34–86644; File No. SR– A. Self-Regulatory Organization’s stock ceases to be listed on a national CboeEDGX–2019–049] Statement of the Purpose of, and securities exchange, the Exchange will Self-Regulatory Organizations; Cboe Statutory Basis for, the Proposed Rule also promptly delist a CVR when the EDGX Exchange, Inc.; Notice of Filing Change related equity security to which the cash and Immediate Effectiveness of a payment at maturity is tied is no longer 1. Purpose Proposed Rule Change To Amend the listed on a national security exchange; The purpose of the proposed rule and (5) make technical, clarifying Fee Schedule To Institute a Derived Data API Service change is to implement a new pricing changes. structure that would reduce fees The Commission believes that August 13, 2019. changed to Distributors that distribute Amendment No. 1 does not raise any Derived Data through an Application novel regulatory issues or make any Pursuant to Section 19(b)(1) of the Programming Interface (‘‘API’’)—i.e., the significant substantive changes to the Securities Exchange Act of 1934 (the original proposal, which was subject to ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Derived Data API Service (the a full notice and comment period during notice is hereby given that on August 1, ‘‘Program’’). ‘‘Derived Data’’ is pricing which no comments were received. 2019, Cboe EDGX Exchange, Inc. (the data or other data that (i) is created in Rather, Amendment No. 1 strengthens ‘‘Exchange’’ or ‘‘EDGX’’) filed with the whole or in part from Exchange Data, (ii) is not an index or financial product, the original proposal by requiring Securities and Exchange Commission and (iii) cannot be readily reverse- additional public disclosure of (the ‘‘Commission’’) the proposed rule engineered to recreate Exchange Data or important information in connection change as described in Items I, II, and used to create other data that is a with an Exchange-listed CVR, which III below, which Items have been reasonable facsimile or substitute for will increase transparency to investors prepared by the Exchange. The Exchange Data. The Exchange currently in CVRs and provide the Exchange with Commission is publishing this notice to the information necessary to determine offers a Derived Data White Label solicit comments on the proposed rule Service Program that allows Distributors when a temporary trading halt in an change from interested persons. Event-Based CVR may be appropriate in to benefit from discounted fees when order to better maintain a fair and distributing Derived Data taken from 48 15 U.S.C. 78s(b)(2). EDGX Top, which is a proprietary data orderly market. Amendment No. 1 also 49 15 U.S.C. 78s(b)(2). product that provides top of book provides additional specificity regarding 50 17 CFR 200.30–3(a)(12). the circumstances in which the 1 15 U.S.C. 78s(b)(1). quotations and execution information Exchange will not permit the listing of 2 17 CFR 240.19b–4. for all equity securities traded on the

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Exchange.3 The current program is Discounted Fees for Derived Data API entirely optional, in that it applies only limited to the distribution of Derived Service to Distributors that opt to use Derived Data to subscribers within a White Label As proposed, a Distributor that Data from EDGX Top to create an API Service which is a type of hosted provides a Derived Data API Service for Service, as described herein. It does not display solution in which a Distributor Derived Data taken from EDGX Top impact or raise the cost of any other hosts or maintains a website or platform would be liable for the following fees Exchange product, nor does it affect the on behalf of a third-party entity. The instead of the fees normally applicable cost of EDGX Top, except in instances Derived Data API Service would for the distribution of EDGX Top. where Derived Data is made available supplement the current Derived Data Instead of the regular fee for external on an API Service. A Distributor that White Label Service Program by offering distribution, Distributors would be provides a White Label Service or API discounted fees for Distributors that charged a tiered External Subscriber Fee Service for Derived Data taken from make Derived Data available through an based on the number of API Service EDGX Top would be liable for the fees associated with the White Label Service API,4 thereby allowing Distributors to Platforms (i.e., ‘‘External Subscribers’’) or API Service instead of the fees benefit from reduced fees when that receive Derived Data from the Distributor through a Derived Data API normally applicable for the distribution distributing Derived Data to subscribers of EDGX Top. A Distributor that that establish their own platforms rather Service. As proposed, Distributors would continue to be charged a fee of provides a White Label Service or API than relying on a hosted display Service for EDGX Top data that is not $1,500 per month for each External solution. Derived Data or distributes Derived Data Subscriber if the Distributor makes through a platform other than a White Current Fee Structure Derived Data available to 1–5 External Label Service or API Service would be Subscribers. Distributors that make The Exchange currently charges a fee liable for the fees normally applicable Derived Data available to additional for the distribution of EDGX Top. of $1,500 per month for external External Subscribers would benefit from distribution of EDGX Top. In addition, discounted pricing based on the number Market Background external distributors of EDGX Top are of External Subscribers. Specifically, the The market for top of book data is charged a fee of $4 per month for each external distribution fee would be Professional User and $0.10 per month highly competitive as national securities lowered by 16.67% to $1,250 per month exchanges compete both with each other for each Non-Professional User. The for each External Subscriber if the Exchange also offers special pricing for and with the securities information Distributor makes Derived Data processors (‘‘SIPs’’) to provide efficient, Derived Data provided through a White available to 6–20 External Subscribers, reliable, and low cost data to a wide Label Service, as mentioned above. This and further lowered another 16.67% to range of investors and market service allows Distributors to make $1,000 per month for each External participants. In fact, Regulation NMS Derived Data available on a platform Subscriber if the Distributor makes requires all U.S. equities exchanges to that is branded with a third-party brand, Derived Data available to 21 or more provide their best bids and offers, and or co-branded with a third party and a External Subscribers. As is the case executed transactions, to the two 5 Distributor. The White Label Service under the Derived Data White Label registered SIPs for dissemination to the Program can be used for a number of Service, the External Subscriber Fee public. Top of book data is therefore different purposes, including the would be non-progressive and based on widely available to investors today at a display of information or data, or the the number of External Subscribers that relatively modest cost. National creation of derivative instruments, such receive Derived Data from the securities exchanges may also as swaps,6 swaptions,7 or contracts for Distributor. For example, a Distributor disseminate their own top of book data, difference,8 but is unavailable to providing Derived Data based on EDGX but no rule or regulation of the distributors that make such information Top to six External Subscribers that are Commission requires market available through an API. Such API Service Platforms would be charged participants to purchase top of book distributors are not eligible for a monthly fee of $7,500 (i.e., 6 External data from an exchange. In an effort to discounted Derived Data pricing today, Subscribers × $1,250 each). The widen distribution to market and are instead liable for the fees Exchange would continue to charge a participants that use equities market normally applicable for the distribution monthly Professional User fee of $4 per data to compute pricing for certain of EDGX Top, as listed at the beginning month for each Professional User that derivatives instruments, national of this paragraph. accesses Derived Data through an API securities exchanges including the Service. The current Non-Professional Exchange, its affiliate, Cboe BZX 3 See Rule 13.8(c). User fee of $0.10 per month would be Exchange Inc., and The Nasdaq Stock 4 With the proposed introduction of the Derived eliminated when participating in the Market LLC (‘‘Nasdaq’’) offer discounted Data API Service, the Exchange would bring Derived Data API Service, further pricing for Derived Data that is created together the EDGX Top Derived Data White Label reducing costs for Distributors that Service and Derived Data API Service under the using their top of book products. The common heading ‘‘Financial Product Distribution provide access to such data to Program would therefore compete with Program.’’ The Financial Product Distribution downstream investors. similar products offered by other Program would encompass both of these products. With the proposed introduction of the national securities exchanges that offer 5 The Distributor maintains control of the Derived Data API Service, the Exchange discounted fees to market participants application’s data, entitlements and display. would bring together the Derived Data 6 that purchase Derived Data. A swap is a derivative contract in which two White Label Service and Derived Data parties agree to exchange financial instruments. 2. Statutory Basis 7 A swaption, or swap option, is an option to API Service under the common heading enter into a swap at a specified time. ‘‘Financial Product Distribution The Exchange believes that the 8 A contract for difference is an agreement to Program.’’ The Financial Product proposed rule change is consistent with exchange the difference between the current value Distribution Program would encompass the objectives of Section 6 of the Act,9 of an asset and its future value. If the price increases, the seller pays the buyer the amount of both of these products. Similar to the in general, and furthers the objectives of the increase. If the price decreases, the buyer pays Derived Data White Label Service, the the seller the amount of the decrease. Derived Data API Service would be 9 15 U.S.C. 78f.

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Section 6(b)(4),10 in particular, as it is competitive environment, as the available to External Subscribers via API designed to provide for the equitable Exchange seeks to amend its fees to Services. As proposed, if a Distributor allocation of reasonable dues, fees and attract additional subscribers for one of uses an API Service to distribute other charges among its members and its proprietary top of book data offerings Derived Data, the Distributor will be other recipients of Exchange data. through the introduction of a Derived charged a fee that is tiered based on the The Exchange also believes that the Data API Service. number of External Subscribers that are proposed rule change is consistent with The Exchange believes that it is provided access to that data instead of Section 11(A) of the Act.11 Specifically, reasonable to introduce reduced fees for the higher fee normally charged for the proposed rule change supports (i) the use of Derived Data on API Services external distribution. The Exchange fair competition among brokers and as the proposed fee reduction would believes that this fee is equitable and dealers, among exchange markets, and facilitate cost effective access to market not unfairly discriminatory because the between exchange markets and markets information that is used primarily to Exchange will apply the same fees to other than exchange markets, and (ii) create certain derivative instruments any similarly situated Distributors that the availability to brokers, dealers, and rather than to trade U.S. equity elect to participate in the Program based investors of information with respect to securities. The fees that are the subject on the number of External Subscribers quotations for and transactions in of this rule filing are constrained by provided access to Derived Data through securities. In addition, the proposed competition, and it is this competition an API Service, with Distributors rule change is consistent with Rule 603 that is driving the proposed fee change. providing access to six or more External of Regulation NMS,12 which provides Indeed, the Program is designed to Subscribers receiving a discount that any national securities exchange allow the Exchange to compete more compared to the current pricing that distributes information with respect effectively for market data distributors applicable for external distribution of to quotations for or transactions in an that purchase market information to EDGX Top. The Exchange believes that NMS stock do so on terms that are not offer Derived Data to investors. The it is equitable and not unfairly unreasonably discriminatory. existence of alternatives to the Program discriminatory to begin providing In adopting Regulation NMS, the ensures that the Exchange cannot set discounted rates to Distributors that Commission granted SROs and broker- unreasonable or unfairly discriminatory provide access to at least six External dealers increased authority and fees, as subscribers are free to elect such Subscribers as the discounted rates are flexibility to offer new and unique alternatives. That is, the Exchange designed to incentivize firms to grow market data to the public. It was competes with other exchanges that the number of External Subscribers that believed that this authority would provide similar market data products purchase Derived Data from the expand the amount of data available to and pricing programs. As mentioned Exchange. The Exchange understands consumers, and also spur innovation above, Derived Data is primarily that Distributors that may provide this and competition for the provision of purchased for the creation of certain sort of API Service typically serve a market data. The Exchange believes that derivative instruments rather than for relatively larger number of External the proposed fee change would further the trading of U.S. equity securities. As Subscribers, and would therefore be broaden the availability of U.S. equity a result, distributors of Derived Data do able to meet the proposed threshold by market data to investors, consistent with not need a consolidated view of the providing Derived Data taken from the principles of Regulation NMS. market across multiple exchanges, and EDGX Top to those customers. The Exchange operates in a highly generally purchase such data from a The Exchange would also continue to single exchange. If a competing charge a small fee for Professional Users competitive environment. Indeed, there exchange were to charge less for a but would eliminate Non-Professional are thirteen registered national similar product than the Exchange User fees for data provided under the securities exchanges that trade U.S. charges under the proposed fee Program. The Exchange believes that it equities and offer associated top of book structure, prospective subscribers may is equitable and not unfairly market data products to their customers. choose not subscribe to, or cease discriminatory to charge a fee for The national securities exchanges also subscribing to, the Program. The Professional Users but no fee for Non- compete with the SIPs for market data Exchange believes that lowering the cost Professional Users. Non-Professional customers. The Commission has of accessing Derived Data may make the Users are already subject to a heavily repeatedly expressed its preference for Exchange’s market information more discounted fee for EDGX Top market competition over regulatory attractive, and encourage additional data relative to Professional Users. intervention in determining prices, Distributors to subscribe to EDGX Top Differential fees for Professional and products, and services in the securities market data instead of competitor Non-Professional Users are widely used markets. Specifically, in Regulation products. Distributors can discontinue by the Exchange and other exchanges NMS, the Commission highlighted the use at any time and for any reason, for their proprietary market data as this importance of market forces in including due to an assessment of the reduces costs for retail investors and determining prices and SRO revenues reasonableness of fees charged. makes market data more broadly and, also, recognized that current Furthermore, firms have a wide variety available. The Exchange believes that regulation of the market system ‘‘has of alternative market data products from eliminating fees for Non-Professional been remarkably successful in which to choose, such as similar Users that access Derived Data from promoting market competition in its proprietary data products offered by Distributors pursuant to the Program is broader forms that are most important to other national securities exchanges, consistent with longstanding precedent 13 investors and listed companies.’’ The including those that choose to offer indicating that it is consistent with the proposed fee change is a result of the discounted fees for the distribution of Act to provide reasonable incentives to Derived Data in an effort to compete for retail investors that rely on the public 10 15 U.S.C. 78f(b)(4). 11 this business. markets for their investment needs. 15 U.S.C. 78k–1. The proposed rule change would Furthermore, the proposed fees will 12 See 17 CFR 242.603. 13 See Securities Exchange Act Release No. 51808 provide an alternate fee structure for only apply to Distributors that elect to (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) providing EDGX Top market data to participate in the Program by (‘‘Regulation NMS Adopting Release’’). Distributors that make Derived Data distributing Derived Data through an

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API Service. EDGX Top market data is number of national securities Comments may be submitted by any of distributed and purchased on a exchanges, including the Exchange, its the following methods: voluntary basis, in that neither the affiliated Cboe U.S. equities exchanges, Electronic Comments Exchange nor market data distributors and Nasdaq offer pricing discounts for are required by any rule or regulation to Derived Data today. These pricing • Use the Commission’s internet make this data available. Distributors of programs reduce the cost of accessing comment form (http://www.sec.gov/ EDGX Top are not required to top of book market information that is rules/sro.shtml); or participate in the proposed Program, used, among other things, to create • Send an email to rule-comments@ which is merely an alternative option derivative instruments rather than to sec.gov. Please include File Number SR– being proposed by the Exchange to trade U.S. equity securities. In order to CboeEDGX–2019–049 on the subject potentially lower costs for market data better compete for this segment of the line. that is Derived Data. As previously market, the Exchange is proposing to explained, the Exchange currently offers expand the programs that it offers to Paper Comments discounted fees for Distributors that include a Derived Data API Service, • Send paper comments in triplicate distribute Derived Data on a While [sic] allowing additional market data to Secretary, Securities and Exchange Label Service. Expanding the universe customers to benefit from discounted Commission, 100 F Street NE, of customers that can benefit from pricing. The Exchange does not believe Washington, DC 20549–1090. discounted fees for distributing Derived that the proposed price reduction for Data would serve to further increase the Derived Data offered through an API All submissions should refer to File accessibility of the Exchange’s market would cause any unnecessary or Number SR–CboeEDGX–2019–049. This data products. inappropriate burden on intermarket file number should be included on the competition as other exchanges and data subject line if email is used. To help the B. Self-Regulatory Organization’s Commission process and review your Statement on Burden on Competition vendors are free to lower their prices to better compete with the Exchange’s comments more efficiently, please use The Exchange does not believe that offering. The Exchange believes that the only one method. The Commission will the proposed rule change would result proposed rule change is pro-competitive post all comments on the Commission’s in any burden on competition that is not as it seeks to offer pricing incentives to internet website (http://www.sec.gov/ necessary or appropriate in furtherance customers to better position the rules/sro.shtml). Copies of the of the purposes of the Act. The Exchange as it competes to attract submission, all subsequent Exchange operates in a highly additional market data subscribers. amendments, all written statements competitive environment, and its ability with respect to the proposed rule to price these data products is C. Self-Regulatory Organization’s change that are filed with the constrained by: (i) Competition among Statement on Comments on the Commission, and all written exchanges that offer similar data Proposed Rule Change Received From communications relating to the products, and pricing options, to their Members, Participants, or Others proposed rule change between the customers; and (ii) the existence of Commission and any person, other than No written comments were either inexpensive real-time consolidated data those that may be withheld from the solicited or received. disseminated by the SIPs. Top of book public in accordance with the data is disseminated by both the SIPs III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be and the thirteen equities exchanges. Proposed Rule Change and Timing for available for website viewing and There are therefore a number of Commission Action printing in the Commission’s Public alternative products available to market Reference Room, 100 F Street NE, The foregoing rule change has become participants and investors. In this Washington, DC 20549 on official effective pursuant to Section 19(b)(3)(A) competitive environment potential business days between the hours of of the Act 14 and paragraph (f) of Rule subscribers are free to choose which 10:00 a.m. and 3:00 p.m. Copies of the 19b–4 15 thereunder. At any time within competing product to purchase to filing also will be available for 60 days of the filing of the proposed rule satisfy their need for market inspection and copying at the principal change, the Commission summarily may information. Often, the choice comes office of the Exchange. All comments temporarily suspend such rule change if down to price, as broker-dealers or received will be posted without change. it appears to the Commission that such vendors look to purchase the cheapest Persons submitting comments are action is necessary or appropriate in the top of book data product, or quality, as cautioned that we do not redact or edit public interest, for the protection of market participants seek to purchase personal identifying information from investors, or otherwise in furtherance of data that represents significant market comment submissions. You should the purposes of the Act. If the liquidity. In order to better compete for submit only information that you wish Commission takes such action, the this segment of the market, the to make available publicly. All Commission will institute proceedings Exchange is proposing to reduce fees submissions should refer to File to determine whether the proposed rule charged to Distributors that distribute Number SR–CboeEDGX–2019–049, and change should be approved or Derived Data through an API. The should be submitted on or before disapproved. Exchange believes that this would September 9, 2019. facilitate greater access to such data, IV. Solicitation of Comments ultimately benefiting investors that are For the Commission, by the Division of Interested persons are invited to Trading and Markets, pursuant to delegated provided access to such data. authority.16 The proposed fees apply to data submit written data, views, and derived from EDGX Top, which is arguments concerning the foregoing, Jill M. Peterson, subject to competition from both the including whether the proposed rule Assistant Secretary. SIPs and exchanges that offer similar change is consistent with the Act. [FR Doc. 2019–17682 Filed 8–16–19; 8:45 am] products, including but not limited to BILLING CODE 8011–01–P those that choose to provide similar 14 15 U.S.C. 78s(b)(3)(A). pricing options for Derived Data. A 15 17 CFR 240.19b–4(f). 16 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION OFFICE OF THE UNITED STATES health and safety as well as privacy and TRADE REPRESENTATIVE security. The Notorious Markets List National Women’s Business Council; identifies examples of online and [Docket No. USTR–2019–0013] Notice of Public Meeting physical markets based outside the AGENCY: Small Business Administration, 2019 Special 301 Out-of-Cycle Review United States that reportedly engage in National Women’s Business Council. of Notorious Markets: Comment and facilitate substantial copyright piracy or trademark counterfeiting. ACTION: Notice of open public meeting. Request Beginning in 2006, USTR identified AGENCY: Office of the United States DATES: The public meeting will be held notorious markets in the annual Special Trade Representative. on Tuesday, September 24, 2019 from 9 301 Report. In 2010, USTR announced a.m. to 12 p.m. EST. ACTION: Request for comments. that it would publish the Notorious Markets List as an Out-of-Cycle Review, ADDRESSES: The meeting will be held in SUMMARY: The Office of the United Room SVC 203–202 of the U.S. Capitol separate from the annual Special 301 States Trade Representative (USTR) Report. USTR published the first Visitor Center located at First Street NE, requests written comments that identify Washington, DC 20515. Notorious Markets List in February online and physical markets to be 2011. USTR develops the annual FOR FURTHER INFORMATION CONTACT: The considered for inclusion in the 2019 Notorious Markets List based upon meeting is open to the public; however, Out-of-Cycle Review of Notorious public comments solicited through the advance notice of attendance is Markets (Notorious Markets List). Federal Register and in consultation requested. To RSVP or submit a written Conducted under the auspices of the with other Federal agencies that serve comment, the general public should Special 301 program, the Notorious on the Special 301 Subcommittee of the email Ashley Judah at Ashley.Judah@ Markets List identifies examples of Trade Policy Staff Committee. sba.gov with subject line—‘‘Response online and physical markets based The United States encourages owners for 9/24/19 Public Meeting.’’ The outside the United States that reportedly and operators of markets reportedly agenda will allow for 20 minutes of engage in and facilitate substantial involved in piracy or counterfeiting to public statements. This time will be copyright piracy or trademark adopt business models that rely on the awarded in 4-minute increments to the counterfeiting. In 2010, USTR began licensed distribution of legitimate first 5 people who confirm attendance publishing the Notorious Markets List content and products and to work with and request to speak. All other separately from the annual Special 301 right holders and enforcement officials submitted statements will be included Report as an ‘‘Out-of-Cycle Review.’’ to address infringement. USTR also in the meeting record. DATES: September 30, 2019 at 11:59 p.m. A conference line will be available for encourages responsible government ET: Deadline for submission of written authorities to intensify their efforts to those unable to attend the meeting. comments. October 15, 2019 at 11:59 Please call 1 (208) 391–5817 at the event investigate reports of piracy and p.m. ET: Deadline for submission of counterfeiting in such markets, and to time. When prompted, enter conference rebuttal comments and other ID number 298732675. For more pursue appropriate enforcement actions. information USTR should consider The Notorious Markets List does not information, please visit the NWBC during the review. website at www.nwbc.gov or call 202– purport to reflect findings of legal ADDRESSES: You should submit written 205–3850. violations, nor does it reflect the U.S. comments through the Federal Government’s analysis of the general SUPPLEMENTARY INFORMATION: Pursuant eRulemaking Portal: http:// intellectual property (IP) protection and to section 10(a)(2) of the Federal www.regulations.gov. Follow the enforcement climate in the country or Advisory Committee Act (5 U.S.C., instructions for submitting comments in countries concerned. For an analysis of Appendix 2), the National Women’s section III below. For alternatives to the IP climate in particular countries, Business Council (NWBC) announces its online submissions, please contact please refer to the annual Special 301 third public meeting of Fiscal Year USTR at [email protected] before Report, published each spring no later 2019. The 1988 Women’s Business transmitting a comment and in advance than 30 days after USTR submits the Ownership Act established NWBC to of the relevant deadline. National Trade Estimate to Congress. serve as an independent source of FOR FURTHER INFORMATION CONTACT: advice and policy recommendations to II. Public Comments Jacob Ewerdt, Director for Innovation the President, Congress, and the USTR invites written comments Administrator of the U.S. Small and Intellectual Property, at [email protected] or 202–395– concerning examples of online and Business Administration (SBA) on physical markets based outside the issues of importance to women 3866. You can find information about the Special 301 Review, including the United States that reportedly engage in entrepreneurs. and facilitate substantial copyright This meeting will allow the Council Notorious Markets List, at www.ustr.gov. piracy or trademark counterfeiting. To to recap its activity and engagement SUPPLEMENTARY INFORMATION: facilitate the review, written comments over the course of the fiscal year. Each I. Background should be as detailed as possible. of the Council’s three subcommittees Comments must clearly identify the (Rural Women’s Entrepreneurship, The United States is concerned with market and the reasons why the Women in S.T.E.M., and Access to trademark counterfeiting and copyright commenter believes that the market Capital & Opportunity) will present piracy on a commercial scale because should be included in the Notorious their policy recommendations to the full these illicit activities cause significant Markets List. Commenters should body. financial losses for right holders, legitimate businesses, and governments. include the following information, as Dated: August 14, 2019. In addition, they undermine critical applicable: Nicole Nelson, U.S. comparative advantages in For physical markets: Committee Management Officer (Acting). innovation and creativity to the • The market’s name and location, [FR Doc. 2019–17778 Filed 8–16–19; 8:45 am] detriment of American workers and can e.g., common name, street address, BILLING CODE 8025–01–P pose significant risks to consumer neighborhood, shopping district, city,

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etc., and the identity of the principal counterfeit or pirated goods or services, rather than submitting them as separate owners/operators. including policies to prevent or remove files. For online markets: access to such goods or services, or to For any comment submitted • The domain name(s) past and disable seller or user accounts, the electronically that contains business present, available registration effectiveness of market policies and confidential information, the file name information, and name(s) and guidelines in addressing counterfeiting of the business confidential version location(s) of the hosting provider(s) and piracy, and the level of cooperation should begin with the characters ‘‘BC’’. and operator(s). with right holders and law enforcement. • Any page containing business Information on the volume of • Any other additional information confidential information must be clearly internet traffic associated with the relevant to the review. marked ‘‘BUSINESS CONFIDENTIAL’’ website, including number of visitors Past Notorious Markets Lists have on the top of that page and the and page views, average time spent on included an ‘issue focus’ to highlight an the site, estimate of the number of issue related to the facilitation of submission should clearly indicate, via infringing goods offered, sold, or traded substantial trademark counterfeiting or brackets, highlighting, or other means, and number of infringing files streamed, copyright piracy. The issue focus for the the specific information that is business shared, seeded, leeched, downloaded, 2019 Notorious Markets List will be confidential. A filer requesting business uploaded, or otherwise distributed or ‘‘Malware and Online Piracy.’’ USTR confidential treatment must certify that reproduced, and global or country invites written comments on this issue, the information is business confidential popularity rating (e.g., Alexa rank). and would not customarily be released • such as the relationship between Revenue sources such as sales, malware and online notorious markets to the public by the submitter. subscriptions, donations, upload based outside the United States, the size Additionally, the submitter should type incentives, or advertising and the and scope of the issue, estimates of ‘‘Business Confidential 2019 Out-of- methods by which that revenue is economic harm caused by the malware, Cycle Review of Notorious Markets’’ in collected. specific examples, and recommended the ‘‘Comment’’ field. For physical and online markets: solutions. • Whether the market is owned, Filers of comments containing operated, or otherwise affiliated with a III. Submission Instructions business confidential information also government entity. must submit a public version of their All submissions must be in English • Types of counterfeit or pirated comments. The file name of the public and sent electronically via products or services sold, traded, version should begin with the character www.regulations.gov. To submit distributed, or otherwise made available ‘‘P’’. The non-business confidential comments, locate the docket (folder) by at that market. version will be placed in the docket at • Volume of counterfeit or pirated entering the docket number USTR– 2019–0013 in the ‘‘Enter Keyword or IP’’ www.regulations.gov and be available goods or services or other indicia of a for public inspection. market’s scale, reach, or relative window at the www.regulations.gov significance in a given geographic area homepage and click ‘‘Search.’’ The site As noted, USTR strongly urges or with respect to a category of goods or will provide a search-results page listing submitters to file comments through services. all documents associated with this www.regulations.gov. You must make • Estimates of economic harm to right docket. Locate the reference to this any alternative arrangements in advance holders resulting from the piracy or notice by selecting ‘‘Notice’’ under of the relevant deadline and before counterfeiting and a description of the ‘‘Document Type’’ on the left side of the transmitting a comment by contacting methodology used to calculate the harm. search-results page, and click on the USTR at [email protected]. • link entitled ‘‘Comment Now!’’ You Whether the volume of counterfeit We will post comments in the docket should provide comments in an or pirated goods or estimates of harm for public inspection, except business has increased or decreased from attached document, and name the file according to the following protocol, as confidential information. You can view previous years, and an approximate comments on www.regulations.gov by calculation of that increase or decrease appropriate: Commenter Name or _ entering docket number USTR–2019– for each year. Organization 2019 Notorious Markets 0013 in the search field on the home • Whether the infringing goods or OCR. Please include the following services sold, traded, distributed, or information in the ‘‘Type Comment’’ page. made available pose a risk to public field: 2019 Out-of-Cycle Review of Daniel Lee, health or safety. Notorious Markets. USTR prefers • submissions in Microsoft Word (.doc) or Assistant U.S. Trade Representative for Any known contractual, civil, Innovation and Intellectual Property (Acting), Adobe Acrobat (.pdf) format. If the administrative, or criminal enforcement Office of the United States Trade activity against the market and the submission is in another file format, Representative. please indicate the name of the software outcome of that enforcement activity. [FR Doc. 2019–17731 Filed 8–16–19; 8:45 am] • Additional actions taken by right application in the ‘‘Type Comment’’ holders against the market such as field. For further information on using BILLING CODE 3290–F9–P takedown notices, requests to sites to the www.regulations.gov website, please remove URLs or infringing content, select ‘‘How to Use Regulations.gov’’ on cease and desist letters, warning letters the bottom of any page. to landlords and requests to enforce the Please do not attach separate cover terms of their leases, requests to letters to electronic submissions. providers to enforce their terms of Instead, include any information that service or terms of use, and the outcome might appear in a cover letter in the of these actions. comments themselves. Similarly, to the • Additional actions taken by the extent possible, please include any market owners or operators to remove, exhibits, annexes, or other attachments limit, or discourage the availability of in the same file as the comment itself,

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DEPARTMENT OF TRANSPORTATION Public Comments Invited: You are ACTION: Notice of receipt of application asked to comment on any aspect of this of Airglades Airport (2IS), Hendry Federal Aviation Administration information collection, including (a) County, Clewiston, Florida: whether the proposed collection of Commencement of 30-Day public [Docket No. FAA–2019–0369] information is necessary for FAA’s review and comment period. performance; (b) the accuracy of the Agency Information Collection estimated burden; (c) ways for FAA to SUMMARY: The Federal Aviation Activities: Requests for Comments; enhance the quality, utility and clarity Administration (FAA) received the final Clearance of a Renewed Approval of of the information collection; and, (d) application from Hendry County and Information Collection: Human Space ways that the burden could be Airglades Airport, LLC for the Flight Requirements for Crew and minimized without reducing the quality participation of Airglades Airport (2IS) Space Flight Participants of the collected information. The agency in the Airport Investment Partnership will summarize and/or include your Program (formerly the Airport AGENCY: Federal Aviation comments in the request for OMB’s Privatization Pilot Program) and has Administration (FAA), DOT. clearance of this information collection. determined that the final application is ACTION: Notice and request for OMB Control Number: 2120–0720. substantially complete and accepted for comments. Title: Same title as above. review. The determination that the Form Numbers: N/A. application is substantially complete SUMMARY: In accordance with the Type of Review: Renewal. results in the commencement of FAA’s Paperwork Reduction Act of 1995, FAA Background: The Federal Register review and is not an approval or invites public comments about our Notice with a 60-day comment period disapproval of the proposed intention to request the Office of soliciting comments on the Human privatization application. Management and Budget (OMB) Space Flight Requirements for Crew and The FAA is seeking information and approval to renew an information Space Flight Participants collection of comments from interested parties on the collection. The Federal Register Notice information was published on June 12, final application. The FAA will review with a 60-day comment period soliciting 2019 (84 FR 27391). The FAA the application, public comments, and comments on the Human Space Flight established requirements for human any other relevant additional Requirements for Crew and Space Flight space flight of crew and space flight submission by the applicant or the Participants collection of information participants as required by the public, and issue a decision approving was published on June 12, 2019. The Commercial Space Launch or disapproving the application. collection involves information Amendments Act of 2004. The Title 49 U.S.C. Section 47134 demonstrating that a launch or reentry information collected is used by the establishes the Airport Investment operation involving a human participant FAA, a licensee or permittee, a space Partnership Program and authorizes the will meet the risk criteria and flight participant, or a crew member. Department of Transportation to grant requirements to ensure public safety. The FAA uses the information to ensure exemptions from certain Federal The information to be collected is that a launch or reentry operation statutory and regulatory requirement for necessary for the FAA to assess crew involving a human on board a vehicle airport privatization projects. The qualification and training; for operators will meet the risk criteria and application procedures require the FAA to inform space flight participants and requirements to ensure public safety. to publish a notice of receipt of the final crew members of the risks associated Respondents: All commercial space application in the Federal Register and with launch and reentry activities; for entities that propose to conduct a accept public comment on the final the implementation of waiver of claims; launch or reentry with flight crew or application for a period of 60 days. and to ensure environmental control space flight participants on board must However, the 60-day notice period is and life support systems and other comply with this collection. not a statutory or regulatory systems adequately protect public Frequency: Information is collected requirement. The applicants have health and safety. on occasion. requested the comment period be DATES: Written comments should be Estimated Average Burden per reduced to 30 days because they desire submitted by September 18, 2019. Response: 4 hours. to obtain approval, assuming the Estimated Total Annual Burden: 808 ADDRESSES: Interested persons are application is sufficient, by September hours. invited to submit written comments on 30, 2019. Under Section 184 of the FAA the proposed information collection to Issued in Washington, DC, on August 13, Reauthorization Act of 2018, approval of the Office of Information and Regulatory 2019. an application by this date (and the Affairs, Office of Management and Kelvin B. Coleman, project meets all other requirements), Budget. Comments should be addressed Deputy Associate Administrator, Office of would permit the agency to issue a letter to the attention of the Desk Officer, Commercial Space Transportation. of intent for Airport Improvement Department of Transportation/FAA, and [FR Doc. 2019–17803 Filed 8–16–19; 8:45 am] Program grant funds. FAA has agreed to sent via electronic mail to oira_ BILLING CODE 4910–13–P reduce the comment period based on [email protected], or faxed to the applicants’ request. (202) 395–6974, or mailed to the Office DATES: Comments must be received by of Information and Regulatory Affairs, DEPARTMENT OF TRANSPORTATION September 18, 2019. Comments that are Office of Management and Budget, Federal Aviation Administration received after that date will be Docket Library, Room 10102, 725 17th considered only to the extent possible. Street NW, Washington, DC 20503. [Docket No. FAA 2010–1052] ADDRESSES: You may send written FOR FURTHER INFORMATION CONTACT: comments by any of the following Shirley McBride by email at: Airport Investment Partnership Program methods. [email protected]; phone: 202– • Federal eRulemaking Portal: Go to 267–7470. AGENCY: Federal Aviation http://www.regulations.gov and follow SUPPLEMENTARY INFORMATION: Administration (FAA) DOT. the instructions for sending your

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comments electronically. Docket SUPPLEMENTARY INFORMATION: Title 49 of agreement and Star America, or a Number: FAA 2010–1052. the U.S. Code Section 47134 authorizes related entity, as an investor/developer • Mail: Docket Management Facility, the Secretary of Transportation, and to manage and/or finance the airport U.S. Department of Transportation, 1200 through delegation, the FAA development project after the New Jersey Avenue SE, West Building Administrator, to exempt a sponsor of a acquisition of the Airport from the Ground Floor, Room W12–140, public use airport that has received County. Washington, DC 20590–0001. Federal assistance, from certain Federal Hendry County requested an • Hand Delivery: Deliver to mail requirements in connection with the exemption under 49 U.S.C. Section address above between 9:00 a.m. and 5 privatization of the airport by sale or 47134(b)(1) to permit the use of revenue p.m. EST, Monday through Friday, lease to a private party. Specifically, the from the sale of airport property for non- except Federal holidays. Administrator may exempt the sponsor airport purposes and under 49 U.S.C. • Fax: (202) 493–2251. from all or part of the requirements to Section 47134(b)(2) to forego the Identify all transmission with ‘‘Docket use airport revenues for airport-related repayment of Federal grants; and Number FAA 2010–1052’’ at the purposes, to pay back a portion of Airglades Airport. LLC asked for an beginning of the document. Federal grants upon the sale of an exemption under 49 U.S.C. Section airport, and to return airport property 47134(b)(3) to permit them to earn Examining the Application deeded by the Federal Government compensation from the operation of the The final application was filed under upon transfer of the airport. The airport. Docket Number FAA–2010–1052. You Administrator is also authorized to As part of its review of the final may examine the final application on exempt the private purchaser or lessee application, the FAA will consider all the internet at: http:// from the requirements to use all airport comments that are submitted by www.regulations.gov or on the FAA’s revenues for airport-related purposes, to interested parties during the 30-day website www.faa.gov or in person at the the extent necessary to permit the comment period for this notice. Docket Operations office between 9:00 purchaser or lessee to earn Issued in Washington, DC, on August 14, a.m. and 5:00 p.m. EST, Monday compensation from the operations of the 2019. through Friday, except Federal holidays. airport. Kevin Willis, The Docket Operations Office (800–647– On September 16, 1997, the Federal Director, Office of Airport Compliance and 5527) is located at the U.S. Department Aviation Administration issued a notice Management Analysis. of Transportation, 1200 New Jersey of procedures to be used in applications [FR Doc. 2019–17785 Filed 8–16–19; 8:45 am] Avenue SE, West Building Ground for exemption under Airport BILLING CODE 4910–13–P Floor, Room W12–140, Washington, DC Privatization Pilot Program (Notice of 20590–0001. The Docket contains the final application procedures for the preliminary and final application, the Airport Privatization Pilot program: DEPARTMENT OF TRANSPORTATION agreements, any comments received and Application Procedures, 62 FR 48693– other information. Hendry County and 48708 (September 16, 1997) (Notice) (as Federal Railroad Administration modified, 62 FR 63211, Nov. 26, 1997). Airglades Airport, LLC have also made [Docket Number FRA–2019–0058] copies of the final application available The FAA Reauthorization Act of 2018 on www.airglades.com and the amended Section 47134 by changing the Petition for Waiver of Compliance following location: name to Airport Investment Partnership Program, eliminated limitations on the Under part 211 of Title 49 Code of Hendry County Clerk of Courts, 25 E Federal Regulations (CFR), this provides Hickpochee Avenue, LaBelle, Florida number of airports that could participate along with several other the public notice that by letter dated 33935, Monday–Friday 8:30 a.m.–4:45 July 26, 2019, the New York, p.m., Saturday & Sunday—Closed changes. A request for participation in the Program must be initiated by the Susquehanna & Western Railway Clewiston Public Library, 120 W Corporation (NYSW) petitioned the Osceola Avenue, Clewiston, Florida filing of either a preliminary or final application for exemption with the Federal Railroad Administration (FRA) 33440, Monday & Thursday 9 a.m.–8 for a waiver of compliance from certain p.m., Tuesday, Wednesday & Friday 9 Federal Aviation Administration. Hendry County submitted a provisions of the Federal railroad safety a.m.–5 p.m., Saturday 9 a.m.–1 p.m., preliminary application to the Program regulations contained at 49 CFR 234. Sunday—Closed for Airglades Airport on October 6, 271, Insulated rail joints, bond wires, Barron Library, 461 N Main Street, 2010, the filing date of the preliminary and track connections. FRA assigned LaBelle, Florida 33935, Monday & application. FAA accepted the the petition Docket Number FRA–2019– Thursday 9 a.m.–8 p.m., Tuesday, preliminary application on October 18, 0058. Wednesday & Friday 9 a.m.–5 p.m., 2010. The preliminary application is Specifically, NYSW requests relief Saturday 9 a.m.–1 p.m., Sunday— posted on http://www.regulations.gov in from the requirement that insulated rail Closed Docket Number FAA 2010–1052 and is joints, bond wires, and track Glades County Public Library, 201 available for public review. connections be inspected once every Riverside Drive, Moore Haven, On August 8, 2019, Hendry County three months, for the following Florida 33471, Monday–Friday 9 and Airglades Airport, LLC filed their highway-rail grade crossings (HGRC) a.m.–5 p.m., Saturday & Sunday— final application. Airglades Airport, LLC located in Utica, NY: (1) DOT Closed plans to build a $461 million cargo #264337H-milepost (MP) U284.84— FOR FURTHER INFORMATION CONTACT: complex and related support facilities to Noyes Street; (2) DOT #264329R–MP Cathryn Cason, Airport Compliance handle the transshipment of perishable U285.38—Court Street; and (3) DOT Specialist, Airport Compliance Division, goods. The project will also include #264328J–MP U2865.54—Columbia ACO–100, Office of Airport Compliance construction of a tower, 10,000-foot Street. The affected HRGCs are located and Management Analysis, Federal runway and related facilities. According on a portion of rail line within the Aviation Administration, 800 to the application, Airglades Airport, NYSW’s Utica Yard Limits. Train Independence Ave. SW, Washington DC LLC has or intends to select AVPORTS movements are made on verbal 20591. Telephone 202–267–3085. to operate the airport under a separate permission of the Train Dispatcher.

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Within the yard limits, the trackage Washington, DC 20590, between 9 a.m. Infrastructure and Safety enters the city of Utica in a general and 5 p.m., Monday through Friday, Improvements.’’ southwest to northeast direction, except Federal Holidays. DATES: Applications for funding under traversing a section of street trackage. Communications received by October this solicitation are due no later than For a distance of 3,400 feet, the trackage 3, 2019 will be considered by FRA 5:00 p.m. EDT, October 18, 2019. is centered in the asphalt roadway of before final action is taken. Comments Applications received after 5:00 p.m. Schuyler Street. The street trackage received after that date will be EDT on October 18, 2019 will not be itself is assigned DOT #93565Y. considered if practicable. considered for funding. Incomplete NYSW explains that prior to 1982, the Anyone can search the electronic applications will not be considered for HRGCs in the Schuyler Street trackage funding. See Section D of this notice for were manually operated from a form of any written communications and comments received into any of our additional information on the watchman’s shanty located near the application process. northeast end of the street trackage. In dockets by the name of the individual 1983, the HRGCs were upgraded with submitting the comment (or signing the ADDRESSES: Applications must be automatic flashing light signals, with document, if submitted on behalf of an submitted via www.Grants.gov. Only trains detected by Style C track circuits. association, business, labor union, etc.). applicants who comply with all Since that time, Court Street has been Under 5 U.S.C. 553(c), DOT solicits submission requirements described in further upgraded to a motion detector comments from the public to better this notice and submit applications track circuit. At the time of the 1983 inform its processes. DOT posts these through www.Grants.gov will be eligible installation, the affected HRGC warning comments, without edit, including any for award. For any supporting devices were not subject to 49 CFR part personal information the commenter application materials that an applicant 234, and when installed, no provisions provides, to www.regulations.gov, as is unable to submit via www.Grants.gov were made in the asphalt surface of described in the system of records (such as oversized engineering Schuyler Street to access the track wire notice (DOT/ALL–14 FDMS), which can drawings), an applicant may submit an connections to the web of the running be reviewed at www.transportation.gov/ original and two (2) copies to Ms. Amy rails. Insulated joints are also not able privacy. See also http:// Houser, Office of Program Delivery, to be fully visually inspected. NYSW’s www.regulations.gov/#!privacyNotice Federal Railroad Administration, 1200 petition states it ‘‘will monitor track for the privacy notice of regulations.gov. New Jersey Avenue SE, Room W36–412, relay voltages and motion detector Issued in Washington, DC. Washington, DC 20590. However, due to delays caused by enhanced screening of transmitter check readings monthly and John Karl Alexy, form baseline readings.’’ mail delivered via the U.S. Postal Associate Administrator for Railroad Safety, Service, applicants are advised to use A copy of the petition, as well as any Chief Safety Officer. written communications concerning the other means of conveyance (such as [FR Doc. 2019–17711 Filed 8–16–19; 8:45 am] courier service) to assure timely receipt petition, is available for review online at BILLING CODE 4910–06–P www.regulations.gov and in person at of materials before the application the U.S. Department of Transportation’s deadline. Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: For Jersey Avenue SE, W12–140, further project or program-related Washington, DC 20590. The Docket Federal Railroad Administration information in this notice, please Operations Facility is open from 9 a.m. contact Ms. Frances Bourne, Office of to 5 p.m., Monday through Friday, Notice of Funding Opportunity for Policy and Planning, Federal Railroad except Federal Holidays. Consolidated Rail Infrastructure and Administration, 1200 New Jersey Interested parties are invited to Safety Improvements Avenue SE, Room W38–207, participate in these proceedings by Washington, DC 20590; email: AGENCY: Federal Railroad submitting written views, data, or [email protected]; phone: 202– Administration (FRA), Department of comments. FRA does not anticipate 493–6366. Grant application submission Transportation (DOT). scheduling a public hearing in and processing questions should be connection with these proceedings since ACTION: Notice of Funding Opportunity addressed to Ms. Amy Houser, Office of the facts do not appear to warrant a (NOFO or notice). Program Delivery, Federal Railroad hearing. If any interested party desires Administration, 1200 New Jersey an opportunity for oral comment, they SUMMARY: This notice details the Avenue SE, Room W36–412, should notify FRA, in writing, before application requirements and Washington, DC 20590; email: the end of the comment period and procedures to obtain grant 1 funding for [email protected]; phone: 202–493– specify the basis for their request. eligible projects under the Consolidated 0303. All communications concerning these Rail Infrastructure and Safety SUPPLEMENTARY INFORMATION: proceedings should identify the Improvements (CRISI) Program. CRISI Notice to applicants: FRA appropriate docket number and may be Program funding under this notice is recommends that applicants read this submitted by any of the following provided by the Consolidated notice in its entirety prior to preparing methods: Appropriations Act (2019 • application materials. Definitions of key Website: http:// Appropriation). The opportunities terms used throughout the NOFO are www.regulations.gov. Follow the online described in this notice are made provided in Section A(2) below. These instructions for submitting comments. available under Catalog of Federal • key terms are capitalized throughout the Fax: 202–493–2251. Domestic Assistance (CFDA) number • NOFO. There are several administrative Mail: Docket Operations Facility, 20.325, ‘‘Consolidated Rail U.S. Department of Transportation, 1200 prerequisites and specific eligibility requirements described herein with New Jersey Avenue SE, W12–140, 1 Washington, DC 20590. The term ‘‘grant’’ is used throughout this which applicants must comply. • document and is intended to reference funding Hand Delivery: 1200 New Jersey awarded through a grant agreement, as well as Additionally, applicants should note Avenue SE, Room W12–140, funding awarded through a cooperative agreement. that the required Project Narrative

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component of the application package Passenger Rail Transportation corridors. improvements; communication and may not exceed 25 pages in length. Rail safety projects include, but are not signalization improvements; and limited to, grade crossing rehabilitating, remanufacturing or Table of Contents enhancements, rail line Relocations and overhauling rail rolling stock and A. Program Description Improvements, and deployment of facilities.3 B. Federal Award Information railroad safety technology. Eligible work c. ‘‘Construction’’ means the C. Eligibility Information also includes: Regional rail and corridor production of fixed works and D. Application and Submission Information Planning, environmental analyses, and structures or substantial alterations to E. Application Review Information F. Federal Award Administration research, workforce development, and such structures or land and associated Information training. The purpose of this notice is to costs. G. Federal Awarding Agency Contacts solicit applications for the competitive d. ‘‘Final Design (FD)’’ means design H. Other Information CRISI Program funding provided in the activities following Preliminary 2019 Appropriation. The CRISI Program Engineering, and at a minimum, A. Program Description is authorized under Section 11301 of the includes the preparation of final 1. Overview Fixing America’s Surface Transportation Construction plans, detailed (FAST) Act, Public Law 114–94 (2015); specifications, and estimates sufficiently This program leverages private, state 2 and local investments to support safety 49 U.S.C. 22907 and funds made detailed to inform project stakeholders enhancements and general available in this NOFO are provided in (designers, reviewers, contractors, improvements to infrastructure for both the 2019 Appropriation. suppliers, etc.) of the actions required to intercity passenger and freight railroads. 2. Definitions of Key Terms advance the project from design through The U.S. rail network is central to the completion of Construction. a. ‘‘Benefit-Cost Analysis’’ (or ‘‘Cost- success of the American economy, e. ‘‘Improvement’’ means repair or Benefit Analysis’’) is a systematic, data carrying more than 1.8 billion tons of enhancement to existing rail driven, and transparent analysis freight valued at nearly $800 billion infrastructure, or Construction of new comparing monetized project benefits annually, and over 31.7 million rail infrastructure, that results in and costs, using a no-build baseline and passengers on Intercity Rail Passenger efficiency of the rail system and the properly discounted present values, Transportation services. Both services safety of those affected by the system. including concise documentation of the primarily operate over privately-owned f. ‘‘Intercity Rail Passenger assumptions and methodology used to and maintained infrastructure, allowing Transportation’’ means rail passenger produce the analysis; a description of for strong private, capital market transportation, except commuter rail the baseline, data sources used to investment that generates public benefit, passenger transportation. See 49 U.S.C. project outcomes, and values of key including public-private partnerships 22901(3). In this notice, ‘‘Intercity input parameters; basis of modeling among other models. Passenger Rail Service’’ and ‘‘Intercity The Department is committed to including spreadsheets, technical Passenger Rail Transportation’’ are addressing the unmet transportation memos, etc.; and presentation of the equivalent terms to ‘‘Intercity Rail infrastructure needs of rural areas. calculations in sufficient detail and Passenger Transportation.’’ Underinvestment in rural transportation transparency to allow the analysis to be g. ‘‘National Environmental Policy systems has allowed a slow and steady reproduced and for sensitivity of results Act (NEPA)’’ is a Federal law that decline in the transportation routes that evaluated by FRA. Please refer to the requires Federal agencies to analyze and connect rural American communities to Benefit-Cost Analysis Guidance for document the environmental impacts of each other and to the rest of the country, Discretionary Grant Programs prior to a proposed action in consultation with fraying the fabric of American preparing a BCA at https:// appropriate Federal, state, and local interconnectivity. A majority of the www.transportation.gov/office-policy/ authorities, and with the public. NEPA nation’s rail route miles are in rural transportation-policy/benefit-cost- classes of action include an America. Investment is necessary to analysis-guidance. In addition, please Environmental Impact Statement (EIS), grow rural economies, facilitate freight also refer to the BCA FAQs on FRA’s Environmental Analysis (EA) or movement, improve access to reliable website for rail specific examples of Categorical Exclusion (CE). The NEPA and affordable transportation options how to apply the BCA Guidance for class of action depends on the nature of and enhance access to healthcare and Discretionary Grant Programs to CRISI the proposed action, its complexity, and safety for residents. applications. the potential impacts. For purposes of The Department also recognizes the b. ‘‘Capital Project’’ means a project this NOFO, NEPA also includes all importance of applying life cycle asset for: Acquiring, constructing, improving, related Federal laws and regulations management principles throughout or inspecting rail equipment, track and including the Clean Air Act, Section 4(f) America’s infrastructure. It is important track structures, or a rail facility; of the Department of Transportation for rail infrastructure owners and expenses incidental to the acquisition or Act, Section 7 of the Endangered operators, as well as those who may Construction including pre-construction Species Act, and Section 106 of the apply on their behalf, to plan for the activities (such as designing, National Historic Preservation Act. maintenance and replacement of assets engineering, location surveying, Additional information regarding FRA’s and the associated costs. mapping, acquiring rights-of-way) and environmental processes and Congress authorized this grant related relocation costs, environmental requirements are located at https:// program for the Secretary to invest in a studies, and all work necessary for FRA www.fra.dot.gov/environment. wide range of projects within the United to approve the project under the National Environmental Policy Act; States to improve railroad safety, 3 For any project that includes purchasing efficiency, and reliability; mitigate highway-rail grade crossing Intercity Passenger Rail equipment, applicants are congestion at both intercity passenger encouraged to use a standardized approach to the 2 The Department of Transportation Reports procurement of passenger rail equipment, such as and freight rail chokepoints; enhance Harmonization Act, Public Law 115–420, sec.7 the specifications developed by the Next Generation multi-modal connections; and lead to (2019) transferred this section from its location at Corridor Equipment Pool Committee or a similar new or substantially improved Intercity 49 U.S.C. 24407 to 49 U.S.C. 22907. uniform process.

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h. ‘‘Planning’’ means activities that www2.census.gov/geo/maps/dc10map/ approved project before seeking support the development of a state or UAUC_RefMap/ua/. reimbursement from FRA. Additionally, regional rail plan or a corridor service the grantee is expected to expend B. Federal Award Information development plan. Project-specific (e.g., matching funds at the required rail station or port improvements) 1. Available Award Amount percentage concurrent with Federal planning is not eligible. The total funding available for awards funds throughout the life of the project. i. ‘‘Positive Train Control (PTC) under this NOFO is $244,621,500. See an example of standard terms and system’’ is defined by 49 CFR 270.5 to Should additional CRISI funds become conditions for FRA grant awards at: mean a system designed to prevent available after the release of this NOFO, https://www.fra.dot.gov/eLib/Details/ train-to-train collisions, overspeed FRA may elect to award such additional L19057. derailments, incursions into established funds to applications received under 4. Concurrent Applications work zone limits, and the movement of this NOFO. DOT and FRA may be concurrently a train through a switch left in the Of the $255,000,000 made available in soliciting applications for transportation wrong position, as described in 49 CFR the 2019 Appropriation, at least 25 infrastructure projects for several part 236, subpart I. percent, or $63,750,000 will be made financial assistance programs, j. ‘‘Preliminary Engineering (PE)’’ available for Rural Projects as required applicants may submit applications means engineering design to: (1) Define by 49 U.S.C. 22907. Additionally, requesting funding for a particular a project, including identification of all $7,828,500 will be set aside for Special project to one or more of these environmental impacts, design of all Transportation Circumstances under a programs. In the application for CRISI critical project elements at a level separate NOFO. FRA will also set aside Program funding under this NOFO, sufficient to assure reliable cost $2,550,000 for award and program applicants must indicate the other estimates and schedules, (2) complete oversight. project management and financial plans, programs, and if applicable the other and (3) identify procurement 2. Award Size CRISI NOFOs, to which they submitted requirements and strategies. The PE There are no predetermined minimum or plan to submit an application for development process starts with specific or maximum dollar thresholds for funding the entire project or certain project design alternatives that allow for awards. FRA anticipates making project components, as well as highlight the assessment of a range of rail multiple awards with the available new or revised information in the improvements, specific alignments, and funding. FRA may not be able to award application responsive to this NOFO project designs. PE generally occurs grants to all eligible applications, nor that differs from the application(s) for concurrently with NEPA and related even to all applications that meet or other Federal financial assistance analyses, and prior to FD and exceed the stated evaluation criteria (see programs or other CRISI NOFOs. Construction. Section E, Application Review C. Eligibility Information k. ‘‘Rail Carrier’’ means a person Information). Projects may require more This section of the notice explains providing common carrier railroad funding than is available. FRA applicant eligibility, cost sharing and transportation for compensation, but encourages applicants to propose matching requirements, project does not include street, suburban, or projects or components of projects that eligibility, and project component interurban electric railways not have operational independence and that operational independence. Applications operated as part of the general system of can be completed and implemented that do not meet the requirements in rail transportation. See 49 U.S.C. with CRISI funding as a part of the total this section will be ineligible for 10102(5). project cost together with other, non- funding. Instructions for submitting l. ‘‘Relocation’’ is defined to mean Federal sources. eligibility information to FRA are moving a rail line vertically or laterally FRA strongly encourages applicants to detailed in Section D of this NOFO. to a new location. Vertical Relocation identify and include other state, local, refers to raising above the current public, or private funding or financing 1. Eligible Applicants ground level or sinking below the to support the proposed project in order The following entities are eligible current ground level of a rail line. to maximize competitiveness. applicants for all project types Lateral Relocation refers to moving a rail 3. Award Type permitted under this notice: line horizontally to a new location. a. A State; FRA will make awards for projects m. ‘‘Rural Project’’ means a project in b. A group of States; selected under this notice through grant which all or the majority of the project c. An Interstate Compact; agreements and/or cooperative (determined by the geographic location d. A public agency or publicly agreements. Grant agreements are used or locations where the majority of the chartered authority established by one when FRA does not expect to have project funds will be spent) is located in or more States; 5 substantial Federal involvement in a Rural Area. e. A political subdivision of a State; carrying out the funded activity. n. ‘‘Rural Area’’ is defined in 49 f. Amtrak or another Rail Carrier that Cooperative agreements allow for U.S.C. 22907(g)(2) to mean any area not provides Intercity Rail Passenger substantial Federal involvement in in an urbanized area as defined by the Transportation (as defined in 49 U.S.C. carrying out the agreed upon Census Bureau. The Census Bureau 24102); investment, including technical defines Urbanized Area (UA) as an area g. A Class II railroad or Class III assistance, review of interim work with a population of 50,000 or more railroad (as those terms are defined in 4 products, and increased program people. Updated lists of UAs as defined 49 U.S.C. 20102); oversight. The funding provided under by the Census Bureau are available on h. Any Rail Carrier or rail equipment this NOFO will be made available to the Census Bureau website at http:// manufacturer in partnership with at grantees on a reimbursable basis. 4 See 74 FR 53030, 53043 (August 24, 2011) Applicants must certify that their 5 See Section D(2)(a)(iv) for supporting available at https://www2.census.gov/geo/pdfs/ expenditures are allowable, allocable, documentation required to demonstrate eligibility reference/fedreg/fedregv76n164.pdf. reasonable, and necessary to the under this eligibility category.

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least one of the entities described in applications. Non-federal shares Examples include: Acquisition, paragraph (a) through (e); 6 consisting of funding from multiple improvement, or rehabilitation of i. The Transportation Research Board sources (e.g., a state, county, railroad, railroad equipment (locomotives and together with any entity with which it and university contributing to a grade rolling stock); railroad infrastructure contracts in the development of rail- crossing improvement) to demonstrate (grade crossings, catenary, and signals); related research, including cooperative broad participation and cost sharing and rail facilities (yards, passenger research programs; from affected stakeholders, will be given stations, or maintenance and repair j. A University transportation center preference. shops). For any project that includes engaged in rail-related research; or Amtrak or another Rail Carrier may purchasing Intercity Passenger Rail k. A non-profit labor organization use ticket and other non-Federal equipment, applicants are encouraged to representing a class or craft of revenues generated from its operations use a standardized approach to the employees of Rail Carriers or Rail and other sources as matching funds. procurement of passenger rail Carrier contractors. Applicants must identify the source(s) equipment, such as the specifications Applications must identify an eligible of its matching and other funds, and developed by the Next Generation applicant as the lead applicant. The lead must clearly and distinctly reflect these Corridor Equipment Pool Committee or applicant serves as the primary point of funds as part of the total project cost. a similar uniform process. contact for the application, and if Before applying, applicants should iii. A Capital Project necessary to selected, as the recipient of the CRISI carefully review the principles for cost address congestion challenges affecting Program grant award. Eligible applicants sharing or matching in 2 CFR 200.306. rail service. Examples include: Projects may reference entities that are not See Section D(2)(a)(iii) for required addressing congestion that increase rail eligible applicants in an application as application information on non-Federal capacity; add or upgrade the condition, a project partner. match and Section E for further clearances, and capacity of rail mainlines; enhance capacity and service 2. Cost Sharing or Matching discussion of FRA’s consideration of matching funds in the review and with less conflict between freight and The Federal share of total costs for selection process. FRA will approve pre- Intercity Passenger Rail; reduce delays projects funded under this notice will award costs consistent with 2 CFR and risks associated with highway-rail not exceed 80 percent, though FRA will 200.458, as applicable. See Section D(6). grade crossings; and provide more provide selection preference to effective rail equipment. applications where the proposed 3. Other iv. A Capital Project necessary to Federal share of total project costs is 50 a. Project Eligibility reduce congestion and facilitate percent or less. The estimated total cost ridership growth in Intercity Passenger of a project must be based on the best The following rail projects within the Rail Transportation along heavily available information, including United States that improve the safety, traveled rail corridors. Examples engineering studies, studies of economic efficiency, and/or reliability of include: Projects addressing congestion feasibility, environmental analyses, and passenger and/or freight rail that improve stations; increase rail information on the expected use of transportation systems are eligible for capacity; reduce conflict between freight equipment and/or facilities. funding under 49 U.S.C. 22907 and this and Intercity Passenger Rail; reduce Additionally, in preparing estimates of NOFO. delays and risks associated with i. Deployment of railroad safety total project costs, applicants should highway-rail grade crossings; and technology, including positive train refer to FRA’s cost estimate guidance provide more effective rail equipment. control and rail integrity inspection documentation, ‘‘Capital Cost v. A highway-rail grade crossing systems.7 PTC examples include: Back Estimating: Guidance for Project improvement project, including office systems; wayside, Sponsors,’’ which is available at: installation, repair, or improvement of communications and onboard hardware https://www.fra.dot.gov/Page/P0926. grade separations, railroad crossing The minimum 20 percent non-Federal equipment; software; equipment signals, gates, and related technologies; match may be comprised of public installation; spectrum; any component, highway traffic signalization; highway sector (e.g., state or local) and/or private testing and training for the lighting and crossing approach signage; sector funding. FRA will not consider implementation of PTC systems; and roadway improvements such as medians any Federal financial assistance, nor any interoperability. Maintenance and or other barriers; railroad crossing non-Federal funds already expended (or operating expenses incurred after a PTC panels and surfaces; and safety otherwise encumbered) that do not system is placed in revenue service are engineering improvements to reduce comply with 2 CFR 200.458, as ineligible. Railroad safety technology risk in quiet zones or potential quiet applicable, toward the matching and rail integrity inspection system zones. requirement. FRA is limiting the first 20 examples include: Broken rail detection vi. A rail line Relocation and percent of the non-Federal match to and warning systems; track intrusion Improvement project. Examples include cash contributions only. Eligible in-kind systems; and hot box detectors, wheel projects that: Improve the route or impact load detectors, and other safety structure of a rail line by replacing contributions may be accepted for any 8 non-Federal matching beyond the first improvements. degraded track; enhance/relocate ii. A capital project as defined in 49 20 percent. In-kind contributions, railroad switching operations; add or U.S.C. 22901(2) relating to Intercity including the donation of services, lengthen passing tracks to increase Passenger Rail Service, except that such materials, and equipment, may be capacity; improve interlockings; and projects are not required to be in a State credited as a project cost, in a uniform relocate rail lines to alleviate rail plan under the CRISI Program. manner consistent with 2 CFR 200.306. congestion, and eliminate frequent rail Moreover, FRA encourages applicants to service interruptions. 7 Pursuant to the 2019 Appropriation, 49 U.S.C. broaden their funding table in vii. A Capital Project to improve 22905(f) shall not apply to projects for the short-line or regional railroad implementation of positive train control eligible 6 See Section D(2)(a)(iv) for supporting under 49 U.S.C. 22907(c)(1). infrastructure. information required to demonstrate eligibility 8 Only FD and Construction costs are eligible viii. The preparation of regional rail under this eligibility category. within this project eligibility category. and corridor service development plans

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and corresponding environmental An applicant must identify one or funding for FD/Construction must analyses. (See the examples under Track more of the following four tracks for an demonstrate the following to FRA’s 1 and 2 below in Subsections C(3)(b)(i)– eligible project: Track 1—Planning; satisfaction: (ii) as they apply to regional and Track 2—PE/NEPA; Track 3—FD/ (A) PE is completed for the proposed corridor rail Planning.) Construction; or Track 4—Research, project, resulting in project designs that ix. A project necessary to enhance Safety Programs and Institutes. are reasonably expected to conform to multimodal connections or facilitate all regulatory, safety, security, and other i. Track 1—Planning service integration between rail service design requirements, including those and other modes, including between Track 1 consists of eligible rail under the Americans with Disabilities Intercity Rail Passenger Transportation Planning projects. Examples include the Act (ADA); and intercity bus service or commercial technical analyses and associated (B) NEPA is completed for the air service. Examples include: environmental analyses that support the proposed project; Intermodal transportation facilities development of state rail plans, regional (C) Signed agreements with key projects that encourage joint scheduling, rail plans, and corridor service project partners, including ticketing, and/or baggage handling; development plans, including: infrastructure-owning entities; and freight rail intermodal connections; and Identification of alternatives, rail (D) A project management plan is in- rail projects improving access to ports. network Planning, market analysis, place for managing the implementation x. The development and travel demand forecasting, revenue of the proposed project, including the implementation of a safety program or forecasting, railroad system design, management and mitigation of project institute designed to improve rail safety. railroad operations analysis and risks. Examples include: Employee training; simulation, equipment fleet Planning, FD examples include: Drawings at the and public safety outreach and station and access analysis, conceptual 100% Design Level, interim design education. engineering and capital programming, drawings that support development xi. Any research that the Secretary operating and maintenance cost (e.g., drawings at the 60% Design Level), considers necessary to advance any forecasting, capital replacement and project work/project management plan, particular aspect of rail related capital, renewal analysis, and economic cost estimates, project schedules, and operations, or safety improvements. analysis. Project-specific (e.g., rail right-of-way acquisition and relocation xii. Workforce development and station or port improvements) planning plans. Construction examples include: training activities, coordinated to the is not an eligible Track 1 project. Additions, improvements, extent practicable with the existing local ii. Track 2—PE/NEPA replacements, renovations and/or training programs supported by the repairs to track, bridge, station, rail Department of Transportation, the Track 2 consists of eligible PE/NEPA yard, signal, and communication system Department of Labor, and the projects. PE examples include: PE infrastructure, or other railroad safety Department of Education. drawings and specifications (scale technology. For a project that uses rights-of-way drawings at the 30% design level, iv. Track 4—Research, Safety Programs owned by a railroad, and the railroad is including track geometry as and Institutes (Non-Railroad not the applicant, FRA requires that a appropriate); design criteria, schematics Infrastructure) written agreement exist between the and/or track charts that support the applicant and the railroad regarding use development of PE; and work that can Track 4 consists of projects not falling and ownership consistent with 49 be funded in conjunction with within Tracks 1–3 including workforce U.S.C. 22905(c)(1). This requirement is developing PE, such as operations development activities, research, safety a condition to making a grant under the modeling, surveying, project work/ programs or institutes designed to CRISI Program. management plans, preliminary cost improve rail safety that clearly estimates, and preliminary project demonstrate the expected positive b. Project Tracks for Eligible Projects schedules. PE/NEPA projects funded impact on rail safety. Sufficient detail Applicants are not limited in the under this NOFO must be sufficiently must be provided on what the project number of projects for which they seek developed to support FD or will accomplish, as well as the funding. FRA will not limit eligible Construction activities. applicant’s capability to achieve the projects from consideration for funding iii. Track 3—FD/Construction proposed outcomes. Examples include: for planning, environmental, Initiatives for improving rail safety, Track 3 consists of eligible projects for engineering, design, and construction training, public outreach, and FD, Construction, and project elements of the same project in the same education. implementation and deployment application. Applicants are allowed to activities. Applicants must complete all c. Project Component Operational include multiple phases of a project in necessary Planning, PE and NEPA Independence the same application. However, requirements for FD/Construction depending on the project, applications If an applicant requests funding for a projects. FD funded under this track project that is a component or set of for multiple phases of project must: Resolve remaining uncertainties development may not contain sufficient components of a larger project, the or risks associated with changes to project component(s) must be attainable detail with regards to scope, schedule, design scope; address procurement or budget for all phases of the with the award amount, together with processes; and update and refine plans other funds as necessary, obtain application to compete well in the for financing the project or program to application review process.9 operational independence, and must reflect accurately the expected year-of- comply with all eligibility requirements expenditure costs and cash flow 9 The scope, schedule, and budget necessary to described in Section C. implement a project, as well as the definition of the projections. Applicants selected for In addition, the component(s) must be project’s potential benefits, are typically informed capable of independent analysis and by the work conducted in prior phases of project criteria for the CRISI program (see Section E of this development (e.g., the specific elements of an FD/ NOFO) considers the level of detail contained in the decision making, as determined by FRA, Construction project and their cost estimates are applicant’s proposed scope of work and readiness under NEPA (i.e., have independent developed and refined through PE.) The evaluation for the project to be implemented. utility, connect logical termini, if

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applicable, and not restrict the Ms. Amy Houser, Office of Program viii. SF LLL—Disclosure of Lobbying consideration of alternatives for other Delivery, Federal Railroad Activities reasonably foreseeable rail projects.) Administration, 1200 New Jersey a. Project Narrative Avenue SE, Room W36–412, d. Rural Project Washington, DC 20590. Due to delays This section describes the minimum FRA will consider a project to be in caused by enhanced screening of mail content required in the Project Narrative a Rural Area if all or the majority of the delivered via the U.S. Postal Service, of the grant application. The Project project (determined by geographic FRA advises applicants to use other Narrative must follow the basic outline location(s) where the majority of the means of conveyance (such as courier below to address the program project funds will be spent) is located in service) to assure timely receipt of requirements and assist evaluators in a Rural Area. However, in the event materials before the application locating relevant information. FRA elects to fund a component of the deadline. Additionally, if documents project, then FRA will reexamine can be obtained online, providing I. Cover Page ...... See D.2.a.i. whether the project is in a Rural Area. instructions to FRA on how to access II. Project Summary ...... See D.2.a.ii. III. Project Funding ...... See D.2.a.iii. D. Application and Submission files on a referenced website may also be sufficient. IV. Applicant Eligibility ...... See D.2.a.iv. Information V. Project Eligibility ...... See D.2.a.v. Required documents for the 2. Content and Form of Application VI. Detailed Project Descrip- See D.2.a.vi. Submission tion. application are outlined in the following VII. Project Location ...... See D.2.a.vii. paragraphs. Applicants must complete FRA strongly advises applicants to VIII. Evaluation and Selec- See D.2.a.viii. and submit all components of the read this section carefully. Applicants tion Criteria. application. See Section D(2) for the must submit all required information IX. Project Implementation See D.2.a.ix. application checklist. FRA welcomes and components of the application and Management. the submission of additional relevant package to be considered for funding. X. Planning Readiness ...... See D.2.a.x. supporting documentation, such as Required documents for an XI. Environmental Readiness See D.2.a.xi. planning, engineering and design application package are outlined in the The above content must be provided documentation, and letters of support checklist below. from partnering organizations that will in a narrative statement submitted by i. Project Narrative (see D.2.a) not count against the Project Narrative the applicant. The Project Narrative may 25-page limit. ii. Statement of Work (see D.2.b.i) not exceed 25 pages in length iii. Benefit-Cost Analysis (see D.2. b.ii) (excluding cover pages, table of 1. Address To Request Application iv. SF424—Application for Federal contents, and supporting Package Assistance documentation). FRA will not review or Applicants must submit all v. Either: SF 424A—Budget Information consider Project Narratives beyond the application materials in their entirety for Non-Construction projects 25-page limitation. If possible, through www.Grants.gov no later than (required for Tracks 1, 2 and 4) or SF applicants should submit supporting 5:00 p.m. EDT, on October 18, 2019. 424C—Budget Information for documents via website links rather than FRA reserves the right to modify this Construction (required for any hard copies. If supporting documents deadline. General information for application that includes Track 3) are submitted, applicants must clearly submitting applications through vi. Either: SF 424B—Assurances for identify the page number(s) of the Grants.gov can be found at: https:// Non-Construction projects (required relevant portion in the Project Narrative www.fra.dot.gov/Page/P0270. for Tracks 1, 2 and 4) or SF 424D— supporting documentation. The Project For any supporting application Assurances for Construction (required Narrative must adhere to the following materials that an applicant cannot for any application that includes outline. submit via Grants.gov, such as oversized Track 3) i. Cover Page: Include a cover page engineering drawings, an applicant may vii. FRA’s Additional Assurances and that lists the following elements in a submit an original and two (2) copies to Certifications table:

Project Title Applicant Project Track ...... 1,2,3 and/or 4 Was a Federal grant application previously submitted for this project? ...... Yes/no If yes, state the name of the Federal grant program and title of the project in the previous application .. Federal Grant Program: Project Title: Is this a Rural Project? What percentage of the project cost is based in a Rural Area? ...... Yes/no Percentage of total project cost: City(ies), State(s) where the project is located Urbanized Area where the project is located Population of Urbanized Area Is the project currently programmed in the: State rail plan, State Freight Plan, TIP, STIP, MPO Long Yes/no (If yes, please specify in Range Transportation Plan, State Long Range Transportation Plan?. which plans the project is cur- rently programmed) ii. Project Summary: Provide a brief benefits that will result from the the private sector if applicable, and total 4–6 sentence summary of the proposed proposed project. project cost. Describe the non-Federal project and what the project will entail. iii. Project Funding: Indicate in table funding arrangement, including Include challenges the proposed project format the amount of Federal funding multiple sources of non-Federal funding aims to address, and summarize the requested, the proposed non-Federal if applicable. Include funding intended outcomes and anticipated match, identifying contributions from commitment letters outlining funding

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agreements, as attachments or in an Identify any previously incurred costs, other Federal or non-Federal funding appendix. Identify any specific project as well as other sources of Federal funds sources, related projects, law, or other components that the applicant proposes committed to the project and any factors. If applicable, provide the type for partial project funding. If all or a pending Federal requests. Also, note if and estimated value of any proposed in- majority of a project is located in a Rural the requested Federal funding under kind contributions, and demonstrate Area, identify the Rural Area(s) and CRISI or other programs must be how the in-kind contributions meet the estimated percentage of project costs obligated or spent by a certain date due requirements in 2 CFR 200.306. that will be spent in the Rural Area. to dependencies or relationships with

EXAMPLE PROJECT FUNDING TABLE

Task # Task name/project component Cost Percentage of total cost

1

2

Total Project Cost.

Federal Funds Received from Previous Grant.

CRISI Federal Funding Request.

Non-Federal Funding/Match ...... Cash: In-Kind:

Portion of Non-Federal Funding from the Private Sector.

Portion of Total Project Costs Spent in a Rural Area.

Pending Federal Funding Requests.

iv. Applicant Eligibility: Explain how how the new scope proposed to be 2. Document that it is a tenant on one the applicant meets the applicant funded under this NOFO relates to the or more host railroads that submitted a eligibility criteria outlined in Section C previous scope. revised PTCIP to FRA as required by 49 of this notice. For public agencies and For all projects, applicants must U.S.C. 20157(a), which states the tenant publicly chartered authorities provide information about proposed railroad is equipping its rolling stock established by one or more states, the performance measures, as discussed in with a PTC system and provides all explanation must include citations to Section F(3)(c) and required in 2 CFR other information required under 49 the applicable enabling legislation. If 200.301 and 49 U.S.C. 22907(f). CFR 236.1011 regarding the tenant the applicant is eligible under 49 U.S.C. (A) Grade crossing information, if railroad; or 22907(b)(8) as a Rail Carrier or rail applicable: For any project that includes 3. Document why the applicant is not equipment manufacturer in partnership grade crossing components, cite specific required to submit a revised PTCIP as with at least one of the other eligible DOT National Grade Crossing Inventory required by 49 U.S.C. 20157(a), and whether the proposed project will assist entities, the applicant should explain information, including the railroad that in the deployment (i.e., installation and/ the partnership and each entity’s owns the infrastructure (or the crossing or full implementation) of a PTC system contribution to the partnership. owner, if different from the railroad), v. Project Eligibility: Identify which required under 49 U.S.C. 20157. the primary railroad operator, the DOT project eligibility category the project is vii. Project Location: Include crossing inventory number, and the eligible under in Section C(3) of this geospatial data for the project, as well as roadway at the crossing. Applicants can notice, and explain how the project a map of the project’s location. On the search for data to meet this requirement meets the project eligibility criteria. map, include the Congressional districts vi. Detailed Project Description: at the following link: http:// and Rural Area boundaries, if Include a detailed project description safetydata.fra.dot.gov/OfficeofSafety/ applicable, in which the project will that expands upon the brief project default.aspx. take place. summary. This detailed description (B) Heavily traveled rail corridor viii. Evaluation and Selection Criteria: should provide, at a minimum, information, if applicable: For any Include a thorough discussion of how background on the challenges the project eligible under the eligibility the proposed project meets all the project aims to address; the expected category in Subsection C(3)(a)(iv), that evaluation criteria and selection criteria, users and beneficiaries of the project, reduces congestion and facilitates as outlined in Section E of this notice. including all railroad operators; the ridership growth in Intercity Passenger If an application does not sufficiently specific components and elements of Rail Transportation, describe how the address the evaluation and selection the project; and any other information project is located on a heavily traveled criteria, it is unlikely to be a competitive the applicant deems necessary to justify rail corridor. application. For the life-cycle cost the proposed project. If applicable, (C) PTC information, if applicable: selection criteria, applicants should explain how the project will benefit For any project that includes deploying demonstrate a credible plan to maintain communities in Rural Areas. An PTC systems, applicants must: their asset without having to rely on applicant should specify whether it is 1. Document submission of a revised Federal funding including a description seeking funding for a project that has Positive Train Control Implementation of the applicants’ approach to ensuring already received Federal financial Plan (PTCIP) to FRA as required by 49 operations and maintenance will not be assistance, and if applicable, explain U.S.C. 20157(a); underfunded in future years. For

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projects (other than those eligible under outcomes of the proposed work to be monetary estimate is not possible, then 49 U.S.C. 22907(c)(1)) that are on a performed and monitor progress toward a quantitative estimate (in physical, shared corridor with Commuter completing project tasks and non-monetary terms, such as crash or Railroad Passenger Transportation, deliverables during a prospective grant’s employee casualty rates, ridership demonstrate how funding the proposed period of performance. Applicants must estimates, emissions levels, energy project would be a reasonable use FRA’s standard SOW, schedule, and efficiency improvements, etc.) should be investment in Intercity Passenger Rail budget templates to be considered for provided. At a minimum, qualitatively Transportation and/or freight rail award. The templates are located at describe the project benefits. transportation. https://www.fra.dot.gov/Page/P0325. iii. SF 424—Application for Federal ix. Project Implementation and When preparing the budget, the total Assistance; Management: Describe proposed project cost of a project must be based on the iv. SF 424A—Budget Information for implementation and project best available information as indicated Non-Construction or SF 424C—Budget management arrangements. Include in cited references that include Information for Construction; descriptions of the expected engineering studies, studies of economic v. SF 424B—Assurances for Non- arrangements for project contracting, feasibility, environmental analyses, and Construction or SF 424D—Assurances contract oversight, change-order information on the expected use of for Construction; management, risk management, and equipment or facilities. vi. FRA’s Additional Assurances and conformance to Federal requirements ii. A Benefit-Cost Analysis (BCA), as Certifications; and for project progress reporting (see an appendix to the Project Narrative for vii. SF LLL—Disclosure of Lobbying https://www.fra.dot.gov/Page/P0274). each project submitted by an applicant. Activities. Describe past experience in managing The BCA must demonstrate in economic Forms needed for the electronic and overseeing similar projects. terms the merits of investing in the application process are at x. Planning Readiness for Tracks 2 proposed project. The BCA for Track www.Grants.gov. and 3 (PE/NEPA and FD/Construction 2—PE/NEPA projects should be for the c. Post-Selection Requirements Projects: Provide information about the underlying project, not the PE/NEPA planning process that analyzed the work itself. The project narrative should See subsection F(2) of this notice for investment needs and service objectives summarize the project’s benefits. post-selection requirements. of the project. If applicable, cite sources Benefits may apply to existing and 3. Unique Entity Identifier, System for of this information from a service new rail users, as well as users of other Award Management (SAM), and development plan, State or regional rail modes of transportation. In some cases, Submission Instructions plan, or similar planning document benefits may be applied to populations where the project has been identified for in the general vicinity of the project To apply for funding through solving a specific existing transportation area. Improvements to multimodal Grants.gov, applicants must be properly problem, and makes the case for connections and shared-use rail registered in SAM before submitting an investing in the proposed solution. corridors may benefit all users involved. application, provide a valid unique xi. Environmental Readiness for Track Benefits may be quantified for savings entity identifier, and continue to 3 FD/Construction Projects: If the NEPA in safety costs, reduced costs from maintain an active SAM registration all process is complete, an applicant disruption of service, maintenance as described in detail below. Complete should indicate the date of completion, costs, reduced travel time, emissions instructions on how to register and and provide a website link or other reductions, and increases in capacity or submit an application can be found at reference to the documents ability to offer new types of freight or www.Grants.gov. Registering with demonstrating compliance with NEPA, passenger services. Applicants may also Grants.gov is a one-time process; which might include a final CE, Finding describe other categories of benefits that however, it can take up to several weeks of No Significant Impact, or Record of are difficult to quantify such as noise for first-time registrants to receive Decision. If the NEPA process is not yet reduction, environmental impact confirmation and a user password. FRA underway or is underway, but is not mitigation, improved quality of life, or recommends that applicants start the complete, the application should detail reliability of travel times. All benefits registration process as early as possible the type of NEPA review underway, claimed for the project must be clearly to prevent delays that may preclude where the project is in the process, and tied to the expected outcomes of the submitting an application package by indicate the anticipated date of project. Please refer to the Benefit-Cost the application deadline. Applications completion of all NEPA and related Analysis Guidance for Discretionary will not be accepted after the due date. milestones. If the last agency action Grant Programs prior to preparing a Delayed registration is not an acceptable with respect to NEPA documents BCA at https://www.transportation.gov/ justification for an application occurred more than three years before office-policy/transportation-policy/ extension. the application date, the applicant benefit-cost-analysis-guidance. In FRA may not make a grant award to should describe why the project has addition, please also refer to the BCA an applicant until the applicant has been delayed and include a proposed FAQs on FRA’s website for some rail complied with all applicable Data approach for verifying, and if necessary, specific examples of how to apply the Universal Numbering System (DUNS) updating this information in accordance BCA Guidance for Discretionary Grant and SAM requirements, and if an with applicable NEPA requirements. Programs to CRISI applications. applicant has not fully complied with For Tracks 1 and 4—Applicants are the requirements by the time the Federal b. Additional Application Elements required to document project benefits. awarding agency is ready to make a Applicants must submit: Any subjective estimates of benefits and Federal award, the Federal awarding i. A Statement of Work (SOW) costs should be quantified whenever agency may determine that the addressing the scope, schedule, and possible, and applicants should provide applicant is not qualified to receive a budget for the proposed project if it appropriate evidence to support their Federal award and use that were selected for award. The SOW must subjective estimates. Estimates of determination as a basis for making a contain sufficient detail so FRA, and the benefits should be presented in Federal award to another applicant. applicant, can understand the expected monetary terms whenever possible; if a (Please note that if a Dun & Bradstreet

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DUNS number must be obtained or c. Create a Grants.gov Username and To ensure a fair competition of renewed, this may take a significant Password limited discretionary funds, the amount of time to complete.) Late Applicants must complete an following conditions are not valid reasons to permit late submissions: (1) applications that are the result of a Authorized Organization Representative Failure to complete the Grants.gov failure to register or comply with (AOR) profile on www.Grants.gov and registration process before the deadline; Grants.gov applicant requirements in a create a username and password. (2) failure to follow Grants.gov timely manner will not be considered. If Applicants must use the organization’s instructions on how to register and an applicant has not fully complied DUNS number to complete this step. apply as posted on its website; (3) with the requirements by the Additional information about the failure to follow all instructions in this submission deadline, the application registration process is available at: NOFO; and (4) technical issues will not be considered. To submit an https://www.grants.gov/web/grants/ experienced with the applicant’s application through Grants.gov, applicants/organization- computer or information technology applicants must: registration.html. environment. a. Obtain a DUNS Number d. Acquire Authorization for Your AOR 5. Intergovernmental Review From the E-Business Point of Contact (E- A DUNS number is required for Biz POC) Executive Order 12372 requires Grants.gov registration. The Office of applicants from state and local units of Management and Budget requires that The E-Biz POC at the applicant’s government or other organizations all businesses and nonprofit applicants organization must respond to the providing services within a state to for Federal funds include a DUNS registration email from Grants.gov and submit a copy of the application to the number in their applications for a new login at www.Grants.gov to authorize the State Single Point of Contact (SPOC), if award or renewal of an existing award. applicant as the AOR. Please note there one exists, and if this program has been A DUNS number is a unique nine-digit can be more than one AOR for an selected for review by the state. sequence recognized as the universal organization. Applicants must contact their State standard for the government in e. Submit an Application Addressing SPOC to determine if the program has identifying and keeping track of entities All Requirements Outlined in This been selected for state review. receiving Federal funds. The identifier NOFO is used for tracking purposes and to 6. Funding Restrictions validate address and point of contact If an applicant experiences difficulties FRA is prohibited under 49 U.S.C. information for Federal assistance at any point during this process, please 22905(f) from providing CRISI grants for applicants, recipients, and call the Grants.gov Customer Center commuter rail passenger transportation subrecipients. The DUNS number will Hotline at 1–800–518–4726, 24 hours a (as defined in 49 U.S.C. 24102(3)). be used throughout the grant life cycle. day, 7 days a week (closed on Federal FRA’s interpretation of this restriction is Obtaining a DUNS number is a free, holidays). For information and informed by the language in 49 U.S.C. one-time activity. Applicants may instructions on each of these processes, 22907. FRA’s primary intent in funding obtain a DUNS number by calling 1– please see instructions at: http:// passenger rail projects is to make 866–705–5711 or by applying online at www.grants.gov/web/grants/applicants/ reasonable investments in Intercity http://www.dnb.com/us. apply-for-grants.html. Passenger Rail Transportation. Such Note: Please use generally accepted projects may be located on shared b. Register With the SAM at formats such as .pdf, .doc, .docx, .xls, corridors where Commuter Rail www.SAM.gov. .xlsx and .ppt, when uploading Passenger Transportation and/or freight attachments. While applicants may rail also benefit from the project. The All applicants for Federal financial embed picture files, such as .jpg, .gif, 2019 Appropriation makes an exception assistance must maintain current and .bmp, in document files, applicants to this funding restriction for Commuter registrations in the SAM database. An should not submit attachments in these Rail Passenger Transportation projects applicant must be registered in SAM to formats. Additionally, the following for the implementation of positive train successfully register in Grants.gov. The formats will not be accepted: .com, .bat, control. SAM database is the repository for .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, Consistent with 2 CFR 200.458, as standard information about Federal .log, .ora, .sys, and .zip. applicable, FRA will only approve pre- financial assistance applicants, 4. Submission Dates and Times award costs if such costs are incurred recipients, and subrecipients. pursuant to the negotiation and in Organizations that have previously Applicants must submit complete anticipation of the grant agreement and submitted applications via Grants.gov applications to www.Grants.gov no later if such costs are necessary for efficient are already registered with SAM, as it is than 5:00 p.m. EDT, October 18, 2019. and timely performance of the scope of a requirement for Grants.gov FRA reviews www.Grants.gov work. Under 2 CFR 200.458, grant registration. Please note, however, that information on the dates and times of recipients must seek written approval applicants must update or renew their applications submitted to determine from the administering agency for pre- SAM registration at least once per year timeliness of submissions. Late award activities to be eligible for to maintain an active status. Therefore, applications will be neither reviewed reimbursement under the grant. it is critical to check registration status nor considered. Delayed registration is Activities initiated prior to the well in advance of the application not an acceptable reason for late execution of a grant or without written deadline. If an applicant is selected for submission. In order to apply for approval may not be eligible for an award, the applicant must maintain funding under this announcement, all reimbursement or included as a an active SAM registration with current applicants are expected to be registered grantee’s matching contribution. information throughout the period of as an organization with Grants.gov. the award. Information about SAM Applicants are strongly encouraged to 7. Other Submission Requirements registration procedures is available at apply early to ensure all materials are If an applicant experiences difficulties www.sam.gov. received before this deadline. at any point during this process, please

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call the Grants.gov Customer Center (C) The technical qualifications and (D) Using innovative approaches to Hotline at 1–800–518–4726, 24 hours a experience of key personnel proposed to improve safety and expedite project day, 7 days a week (closed on Federal lead and perform the technical efforts, delivery; and, holidays). For information and and the qualifications of the primary (E) Holding grant recipients instructions on each of these processes, and supporting organizations to fully accountable for their performance and please see instructions at: http:// and successfully execute the proposed achieving specific, measurable www.grants.gov/web/grants/applicants/ project within the proposed timeframe outcomes identified by grant applicants. apply-for-grants.html. and budget are demonstrated. iii. In determining the allocation of (D) The proposed project’s business E. Application Review Information program funds, FRA may also consider plan considers potential private sector geographic diversity, diversity in the 1. Criteria participation in the financing, size of the systems receiving funding, construction, or operation of the a. Eligibility and Completeness Review the applicant’s receipt of other proposed project. competitive awards, and projects FRA will first screen each application (E) The applicant has, or will have the located in or that support transportation for applicant and project eligibility legal, financial, and technical capacity service in a qualified opportunity zone (eligibility requirements are outlined in to carry out the proposed project; designated pursuant to 26 U.S.C. Section C of this notice), completeness satisfactory continuing control over the 1400Z–1. (application documentation and use of the equipment or facilities; and 2. Review and Selection Process submission requirements are outlined in the capability and willingness to Section D of this notice), and the 20 maintain the equipment or facilities. FRA will conduct a three-part percent minimum match. (F) The proposed project is consistent application review process, as follows: FRA will then consider the with planning guidance and documents a. Screen applications for applicant’s past performance in set forth by DOT, including those completeness and eligibility and developing and delivering similar required by law or State rail plans consider applicable past performance projects and previous financial developed under Title 49, United State and previous financial contributions contributions, and if applicable, Code, Chapter 227. and technical evaluation ratings; previous competitive grant technical b. Evaluate eligible applications c. Selection Criteria evaluation ratings that the proposed (completed by technical panels applying project received under previous In addition to the eligibility and the evaluation criteria); and competitive grant programs completeness review and the evaluation c. Select projects for funding administered by the DOT. criteria outlined in this subsection, the (completed by the FRA Administrator or b. Evaluation Criteria FRA Administrator (or his designee) his designee) applying the selection will select projects in consultation with criteria in consultation with the Senior FRA subject-matter experts will a Senior Review Team, which includes Review Team. evaluate all eligible and complete senior leadership from the Office of the applications using the evaluation Secretary and FRA, applying the 3. Reporting Matters Related to Integrity criteria outlined in this section to following selection criteria: and Performance determine project benefits and technical i. The FRA will give preference to Before making a Federal award with merit. projects for which the: a total amount of Federal share greater i. Project Benefits (A) Proposed Federal share of total than the simplified acquisition project costs is 50 percent or less; FRA will evaluate the Benefit-Cost threshold of $150,000 (see 2 CFR 200.88 Analysis of the proposed project for the (B) Proposed non-Federal share is Simplified Acquisition Threshold), FRA anticipated private and public benefits comprised of more than one source, will review and consider any relative to the costs of the proposed including private sources, information about the applicant that is project and the summary of benefits demonstrating broad participation by in the designated integrity and provided in response to subsection affected stakeholders; and performance system accessible through D(2)(b)(ii) including— (C) Net benefits of the grant funds will SAM (currently the Federal Awardee (A) Effects on system and service be maximized considering the Benefit- Performance and Integrity Information performance; Cost Analysis, including anticipated System (FAPIIS)). See 41 U.S.C. 2313. (B) Effects on safety, competitiveness, private and public benefits relative to An applicant, at its option, may reliability, trip or transit time, and the costs of the proposed project, and review information in the designated resilience; factoring in the other considerations in integrity and performance systems (C) Efficiencies from improved 49 U.S.C. 22907 (e). accessible through SAM and comment integration with other modes; and ii. After applying the above on any information about itself that a (D) Ability to meet existing or preferences, the FRA will take into Federal awarding agency previously anticipated demand. account the following key Departmental entered and is currently in the objectives: designated integrity and performance ii. Technical Merit (A) Supporting economic vitality at system accessible through SAM. FRA will evaluate application the national and regional level; FRA will consider any comments by information for the degree to which— (B) Leveraging Federal funding to the applicant, in addition to the other (A) The tasks and subtasks outlined in attract other, non-Federal sources of information in the designated integrity the SOW are appropriate to achieve the infrastructure investment; and performance system, in making a expected outcomes of the proposed (C) Preparing for future operations judgment about the applicant’s integrity, project. and maintenance costs associated with business ethics, and record of (B) Applications indicate strong their project’s life-cycle, as performance under Federal awards project readiness and meet requirements demonstrated by a credible plan to when completing the review of risk under the project track(s) designated by maintain assets without having to rely posed by applicants as described in 2 the applicant. on future Federal funding; CFR 200.205.

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F. Federal Award Administration basis of speech or other activities 3. Reporting Information protected by the First Amendment. If a. Progress Reporting on Grant Activity 1. Federal Award Notice the Department determines that a recipient has failed to comply with Each applicant selected for a grant FRA will announce applications applicable Federal requirements, the will be required to comply with all selected for funding in a press release Department may terminate the award of standard FRA reporting requirements, and on the FRA website after the funds and disallow previously incurred including quarterly progress reports, application review period. FRA will costs, requiring the recipient to quarterly Federal financial reports, and contact applicants with successful reimburse any expended award funds. interim and final performance reports, applications after announcement with as well as all applicable auditing, information and instructions about the Examples of administrative and monitoring and close out requirements. award process. This notification is not national policy requirements include: 2 Reports may be submitted an authorization to begin proposed CFR part 200; procurement standards; electronically. project activities. FRA requires compliance with Federal civil rights b. Additional Reporting satisfaction of applicable requirements laws and regulations; requirements for by the applicant and a formal disadvantaged business enterprises, Applicants selected for funding are cooperative agreement or grant debarment and suspension required to comply with all reporting agreement signed by both the grantee requirements, and drug-free workplace requirements in the standard terms and and the FRA, including an approved requirements; FRA’s and OMB’s conditions for FRA grant awards scope, schedule, and budget, before Assurances and Certifications; including 2 CFR 180.335 and 2 CFR obligating the grant. Americans with Disabilities Act; safety 180.350. See an example of standard For Track 2 PE/NEPA projects, these requirements; NEPA; environmental terms and conditions for FRA grant requirements may include justice requirements; performance awards at: https://www.fra.dot.gov/eLib/ transportation planning. For Track 3 measures under 49 U.S.C. 22907(f); Details/L19057. FD/Construction projects, these grant conditions under 49 U.S.C. 22905, If the Federal share of any Federal requirements may include including the Buy America award under this NOFO may include transportation planning, PE and requirements, the provision deeming more than $500,000 over the period of performance, applicants are informed of environmental reviews. operators rail carriers for certain the post award reporting requirements 2. Administrative and National Policy purposes and grantee agreements with reflected in 2 CFR part 200, Appendix Requirements railroad right-of-way owners for projects XII—Award Term and Condition for In connection with any program or using railroad right-of way. Recipient Integrity and Performance activity conducted with or benefiting See an example of standard terms and Matters. from funds awarded under this notice, conditions for FRA grant awards at c. Performance Reporting recipients of funds must comply with https://www.fra.dot.gov/eLib/Details/ all applicable requirements of Federal L19057 and clauses specific to CRISI Each applicant selected for funding law, including, without limitation, the funding at https://www.fra.dot.gov/eLib/ must collect information and report on Constitution of the United States; the Details/L20078. the project’s performance using conditions of performance, measures mutually agreed upon by FRA Projects selected under this NOFO for nondiscrimination requirements, and and the grantee to assess progress in other assurances made applicable to the Commuter Rail Passenger achieving strategic goals and objectives. award of funds in accordance with Transportation for positive train control Examples of some rail performance regulations of the Department of projects may be transferred to the measures are listed in the table below. Transportation; and applicable Federal Federal Transit Administration for grant The applicable measure(s) will depend financial assistance and contracting administration at the Secretary’s upon the type of project. Applicants principles promulgated by the Office of discretion. If such a project is requesting funding for the acquisition of Management and Budget. In complying transferred to the Federal Transit rolling stock must integrate at least one with these requirements, recipients, in Administration, applicants will be equipment/rolling stock performance particular, must ensure that no required to comply with chapter 53 of measure, consistent with the grantee’s concession agreements are denied or Title 49 of the United States Code. application materials and program other contracting decisions made on the goals.

Secondary strategic Rail measures Unit measured Temporal Primary strategic goal goal Description

Slow Order Miles ...... Miles ...... Annual ...... State of Good Repair .... Safety ...... The number of miles per year within the project area that have temporary speed restrictions (‘‘slow orders’’) imposed due to track condi- tion. This is an indicator of the overall condi- tion of track. This measure can be used for projects to rehabilitate sections of a rail line since the rehabilitation should eliminate, or at least reduce the slow orders upon project completion. Gross Ton ...... Gross Tons ..... Annual ...... Economic Competitive- State of Good Repair .... The annual gross tonnage of freight shipped in ness. the project area. Gross tons include freight cargo minus tare weight of the rail cars. This measures the volume of freight a railroad ships in a year. This measure can be useful for projects that are anticipated to increase freight shipments.

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Secondary strategic Rail measures Unit measured Temporal Primary strategic goal goal Description

Rail Track Grade Sepa- Count ...... Annual ...... Economic Competitive- Safety ...... The number of annual automobile crossings that ration. ness. are eliminated at an at-grade crossing as a re- sult of a new grade separation. Passenger Counts ...... Count ...... Annual ...... Economic Competitive- State of Good Repair .... Count of the annual passenger boardings and ness. alightings at stations within the project area. Travel Time ...... Time/Trip ...... Annual ...... Economic Competitive- Quality of Life...... Point-to-point travel times between pre-deter- ness. mined station stops within the project area. This measure demonstrates how track im- provements and other upgrades improve oper- ations on a rail line. It also helps make sure the railroad is maintaining the line after project completion. Track weight capacity .... Yes/No ...... One Time ...... State of Good Repair .... Economic Competitive- If a project is upgrading a line to accommodate ness. heavier rail cars (typically an increase from 263,000 lb. rail cars to 286,000 lb. rail cars.) Track Miles ...... Miles ...... One Time ...... State of Good Repair .... Economic Competitive- The number of track miles that exist within the ness. project area. This measure can be beneficial for projects building sidings or sections of ad- ditional main line track on a railroad.

G. Federal Awarding Agency Contacts Issued in Washington, DC. DC 20224, or through the internet, at Ronald Louis Batory, [email protected]. For further information regarding this Administrator. SUPPLEMENTARY INFORMATION: notice and the grants program, please [FR Doc. 2019–17741 Filed 8–16–19; 8:45 am] Title: Rule to be Included in Final contact Ms. Amy Houser, Office of BILLING CODE 4910–06–P Regulations Under Section 897(e) of the Program Delivery, Federal Railroad Code. Administration, 1200 New Jersey OMB Number: 1545–1660. Avenue SE, Room W36–412, Regulation Project Number: Notice Washington, DC 20590; email: DEPARTMENT OF THE TREASURY 99–43. [email protected]; phone: 202–493– Abstract: Notice 99–43 announced Internal Revenue Service 0303, or Ms. Frances Bourne, Office of modification of the current rules under Temporary Regulation section 1.897– Policy and Planning, Federal Railroad Proposed Extension of Information 6T(a)(1) regarding transfers, exchanges Administration, 1200 New Jersey Collection Request Submitted for and other dispositions of U.S. real Avenue SE, Room W38–207, Public Comment; Comment Request property interests in nonrecognition Washington, DC 20590; email: Concerning Information Reporting for transactions occurring after June 18, [email protected]; phone: 202– Notice 99–43, Nonrecognition 1980. The notice provided that, contrary 493–6366. Exchanges Under Section 897 to section 1.897–6T(a)(1), a foreign I. Other Information AGENCY: Internal Revenue Service (IRS), taxpayer will not recognize a gain under Treasury. Code 897(e) for an exchange described All information submitted as part of ACTION: Notice and request for in Code section 368(a)(1)(E) or (F), or in support of any application shall comments. provided the taxpayer receives use publicly available data or data that substantially identical shares of the can be made public and methodologies SUMMARY: The Internal Revenue Service, same domestic corporation with the that are accepted by industry practice as part of its continuing effort to reduce same divided rights, voting power, and standards, to the extent possible. If paperwork and respondent burden, liquidation preferences, and the application includes information the invites the public and other Federal convertibility as the shares exchanged applicant considers to be a trade secret agencies to take this opportunity to without any additional rights or or confidential commercial or financial comment on proposed and/or features. information, the applicant should do the continuing information collections, as Current Actions: There is no change to following: (1) Note on the front cover required by the Paperwork Reduction the burden previously approved by that the submission ‘‘Contains Act of 1995. Currently, the IRS is OMB. Confidential Business Information soliciting comments concerning Type of Review: Extension of a (CBI)’’; (2) mark each affected page information reporting for Notice 99–43, currently approved collection. Affected Public: Business or other for- ‘‘CBI’’; and (3) highlight or otherwise Nonrecognition Exchanges under Section 897. profit organizations, individuals or denote the CBI portions. households, and corporations. DATES: Written comments should be FRA protects such information from Estimated Number of Respondents: received on or before October 18, 2019 disclosure to the extent allowed under 100. to be assured of consideration. applicable law. In the event FRA Estimated Time per Respondent: 2 receives a Freedom of Information Act ADDRESSES: Direct all written comments hours. (FOIA) request for the information, FRA to Laurie Brimmer, Internal Revenue Estimated Total Annual Burden will follow the procedures described in Service, Room 6129, 1111 Constitution Hours: 200. Avenue NW, Washington, DC 20224. its FOIA regulations at 49 CFR 7.17. The following paragraph applies to all Requests for additional information or the collections of information covered Only information that is ultimately copies of the regulations should be by this notice: determined to be confidential under that directed to R. Joseph Durbala, at Internal An agency may not conduct or procedure will be exempt from Revenue Service, Room 6129, 1111 sponsor, and a person is not required to disclosure under FOIA. Constitution Avenue NW, Washington respond to, a collection of information

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unless the collection of information Coin Regular price Performance and Risk (OQPR), displays a valid OMB control number. Department of Veterans Affairs, 810 Proof Gold Coin w/Print .. 2018 Grid + $19.00. Books or records relating to a Proof Silver Dollar w/Print $78.95. Vermont Avenue NW, Washington, DC collection of information must be 20420, (202) 421–1354 or email retained if their contents may become Products containing gold coins will be [email protected]. Please refer to material in the administration of any priced according to the Pricing of ‘‘OMB Control No. 2900–0793’’ in any internal revenue law. Generally, tax Numismatic and Commemorative Gold correspondence. returns and tax return information are and Platinum Products Grid posted at SUPPLEMENTARY INFORMATION: confidential, as required by 26 U.S.C. www.usmint.gov. Authority: 44 U.S.C. 3501–21. 6103. FOR FURTHER INFORMATION CONTACT: Title: VA Health Professional Desired Focus of Comments: The Rosa Matos, Program Manager for Scholarship and Visual Impairment and Internal Revenue Service (IRS) is Orientation and Mobility Professional particularly interested in comments Numismatic and Bullion; United States Mint; 801 9th Street NW; Washington, Scholarship Programs (HPSP and that: VIOMPSP). • DC 20220; or call 202–354–7500. Evaluate whether the proposed 1. Academic Verification, VA Form collection of information is necessary Authority: Public Law 114–282. 10–0491. for the proper performance of the Dated: August 14, 2019. 2. Addendum to Application, VA functions of the agency, including David J. Ryder, Form 10–0491a. whether the information will have Director, United States Mint. 3. Annual VA Employment Deferment practical utility; [FR Doc. 2019–17793 Filed 8–16–19; 8:45 am] Verification, VA Form 10–0491c. • Evaluate the accuracy of the BILLING CODE P 4. Education Program Completion agency’s estimate of the burden of the Notice—Service Obligation Placement, proposed collection of information, VA Form 10–0491d. including the validity of the DEPARTMENT OF VETERANS 5. Evaluation Recommendation Form, methodology and assumptions used; AFFAIRS VA Form 10–0491e. • Enhance the quality, utility, and 6. HPSP Agreement, VA Form 10– clarity of the information to be [OMB Control No. 2900–0793] 0491f. collected; and 7. HPSP/VIOMPSP Application, VA • Minimize the burden of the Agency Information Collection Activity Form 10–0491g. collection of information on those who Under OMB Review: VA Health 8. Notice of Approaching Graduation, are to respond, including using Professional Scholarship and Visual VA Form 10–0491h. appropriate automated, electronic, Impairment and Orientation and 9. Notice of Change and/or Annual mechanical, or other technological Mobility Professional Scholarship Academic Status Report, VA Form 10– collection techniques or other forms of Programs (HPSP and VIOMPSP) 0491i. information technology, e.g., by AGENCY: Veterans Health 10. Request for Deferment for permitting electronic submissions of Administration, Department of Veterans Advanced Education, VA Form 10– responses. Affairs. 0491j. Comments submitted in response to 11. VA Scholarship Offer Response, ACTION: Notice. this notice will be summarized and/or VA Form 10–0491k. included in the ICR for OMB approval SUMMARY: In compliance with the 12. VIOMPSP Agreement, VA Form of the extension of the information Paperwork Reduction Act (PRA) of 10–0491l. collection; they will also become a 1995, this notice announces that the 13. Mobility Agreement, VA Form 10– matter of public record. Veterans Health Administration, 0491m. Approved: August 7, 2019. Department of Veterans Affairs, will 14. HPSP VHVMAESP Agreement, VA R. Joseph Durbala, submit the collection of information Form 10–0491n. OMB Control Number: 2900–0793. IRS Tax Analyst. abstracted below to the Office of Management and Budget (OMB) for Type of Review: Revision of a [FR Doc. 2019–17677 Filed 8–16–19; 8:45 am] review and comment. The PRA currently approved collection. BILLING CODE 4830–01–P submission describes the nature of the Abstract: This is a revision of a information collection and its expected currently approved collection, due to legislation that necessitates adding two DEPARTMENT OF THE TREASURY cost and burden and it includes the actual data collection instrument. forms and amending existing forms. The United States Mint DATES: Comments must be submitted on collection of information is essential to or before September 18, 2019. implement the Department of Veterans Pricing for the 2019 Apollo 11 50th Affairs (VA) Visual Impairment and ADDRESSES: Submit written comments Orientation and Mobility Professionals Anniversary Commemorative Coins on the collection of information through and Kennedy/Apollo 11 Intaglio Print Scholarship Program (VIOMPSP) and www.Regulations.gov, or to Office of the VA Health Professional Scholarship AGENCY: United States Mint, Department Information and Regulatory Affairs, Program (HPSP) which were authorized of the Treasury. Office of Management and Budget, Attn: under Public Law 111–163 on May 5, VA Desk Officer; 725 17th St. NW, ACTION: Notice. 2010 and extended through December Washington, DC 20503 or sent through 31, 2033 by Section 301 of Public Law electronic mail to oira_submission@ SUPPLEMENTARY INFORMATION: The 115–182, The VA Mission Act of 2018. United States Mint is announcing omb.eop.gov. Please refer to ‘‘OMB The passage of this legislation allows pricing for the 2019 Apollo 11 50th Control No. 2900–0793’’ in any VA to provide services to the public by Anniversary Commemorative Coins and correspondence. awarding scholarships to non-VA Kennedy/Apollo 11 Intaglio Prints as FOR FURTHER INFORMATION CONTACT: employees who will be required to follows: Danny S. Green, Office of Quality, become VA employees in the

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professions for which they were help address VA health care workforce Notice with a 60-day comment period educated under these programs. Section needs. soliciting comments on this collection 304 of The Mission Act of 2018 An agency may not conduct or of information was published at 84 FR authorized the creation of the Veterans sponsor, and a person is not required to 26936 on June 10, 2019, pages 26936 Healing Veterans Medical Access and respond to, a collection of information through 26938. Education Scholarship Program unless it displays a currently valid OMB Affected Public: Individuals and (VHVMAESP). These programs will control number. The Federal Register households. ESTIMATED ANNUAL BURDEN

Number of × Number of × Number of Equals ÷ Number of VA forms respondents responses Equals minutes (minutes) by 60 = hours

Visual Impairment and Orientation and Mobility Professionals Scholarship Program (VIOMPSP) Applicants

10–0491g—Application ...... 100 1 100 60 6,000 ...... 100 10–0491—Academic Verification ...... 100 1 100 60 6,000 ...... 100 10–0491e—Evaluation & Recommendation ...... 100 2 200 50 5,000 ...... 83.3 10–0491a—Addendum to Application ...... * 30 1 30 10 300 ...... 5

Total ...... 288.3

Applicants Selected To Receive a Scholarship

10–0491l—Agreement for the VIOMPSP ...... 10 1 10 15 150 ...... 2.5 10–0491m—VA Scholarship Mobility Agreement ...... 10 1 10 10 100 ...... 1.7 10–0491k—VA Scholarship Offer Response ...... 10 1 10 10 100 ...... 1.7 10–0491i—Notice of Change and/or Annual Academic Status 10 1 10 20 200 ...... 3.3 Report. 10–0491h—Notice of Approaching Graduation ...... 10 1 10 10 100 ...... 1.7 10–0491d—Education Program Completion Notice/Service Ob- 10 1 10 20 200 ...... 3.3 ligation Placement. 10–0491j—Request for Deferment for Advanced Education ...... 2 1 2 10 20 ...... 3 10–0491c—Annual VA Employment/Deferment Verification ...... 10 1 10 10 100 ...... 1.7

Total ...... 16.2

Grand Total for VIOMPSP ...... 304.5

Health Professional Scholarship Program (HPSP) Applicants

10–0491g—Application ...... 1,700 1 1,700 60 102,000 ...... 1,700 10–0491—Academic Verification ...... 1,700 1 1,700 60 102,000 ...... 1,700 10–0491e—Evaluation & Recommendation ...... 1,700 2 3,400 50 170,000 ...... 2,833.3 10–0491a—Addendum to Application ...... * 510 1 510 10 5,100 ...... 85

Total ...... 6,318.3

Applicants Selected To Receive a Scholarship

10–0491f—Agreement for the HPSP ...... 160 1 160 15 2,400 ...... 40 10–0491n—Agreement for the VHVMAESP ...... 20 1 20 15 300 ...... 5 10–0491m—Mobility Agreement ...... 160 1 160 10 1,600 ...... 26.7 10–0491k—VA Scholarship Offer Response ...... 160 1 160 10 1,600 ...... 26.7 10–0491i—Notice of Change and/or Annual Academic Status 480 1 480 20 9,600 ...... 160 Report. 10–0491h—Notice of Approaching Graduation ...... 160 1 160 10 1,600 ...... 26.7 10–0491d—Education Program Completion Notice/Service Ob- 160 1 160 20 3,200 ...... 53.3 ligation Placement. 10–0491j—Request for Deferment for Advanced Education ...... * 48 1 48 10 480 ...... 8 10–0491c—Annual VA Employment/Deferment Verification ...... 160 1 160 10 1,600 ...... 26.7

Total ...... 373.1

Grand Total for HPSP ...... 6,691.4

Grand Total for Both VIOMPSP and HPSP (6,691.4 + 304.5 = 6,995.9) ∼ 6,996 * (30%).

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Frequency of Response: Annually. With respect to the following assessments for Veterans who may have Estimated Number of Respondents: collection of information, VHA invites been exposed to certain environmental 1,800. comments on: (1) Whether the proposed hazards during military service. By direction of the Secretary. collection of information is necessary Evaluations alert Veterans to possible Danny S. Green, for the proper performance of VHA’s long-term health problems that may be functions, including whether the related to exposure specific to Interim VA Clearance Officer, Office of Quality, Performance and Risk (OQPR), information will have practical utility; environmental hazards during their Department of Veterans Affairs. (2) the accuracy of VHA’s estimate of military service. The registry data may the burden of the proposed collection of help VA understand and respond to [FR Doc. 2019–17685 Filed 8–16–19; 8:45 am] information; (3) ways to enhance the these health problems more effectively BILLING CODE 8320–01–P quality, utility, and clarity of the and may be useful for research information to be collected; and (4) purposes. DEPARTMENT OF VETERANS ways to minimize the burden of the Affected Public: Individuals and AFFAIRS collection of information on households. respondents, including through the use Estimated Annual Burden: 20,000 [OMB Control No. 2900–NEW] of automated collection techniques or hours. the use of other forms of information Estimated Average Burden per Agency Information Collection technology. Respondent: 60 minutes. Activity: Environmental Hazards Authority: Public Law 104–13; 44 Frequency of Response: Once Registry (EHR) Worksheet (VA Form U.S.C. 3501–3521. annually. 10–10176) Title: Environmental Hazards Registry Estimated Number of Respondents: (EHR) Worksheet (VA Form 10–10176). 20,000. AGENCY: Veterans Health OMB Control Number: 2900–NEW. By direction of the Secretary. Administration, Department of Veterans Type of Review: New collection. Danny S. Green, Affairs. Abstract: Legal authority for this data Interim VA Clearance Officer, Office of ACTION collection is found under the following : Notice. Quality, Performance and Risk (OQPR), Congressional mandates that authorize Department of Veterans Affairs. SUMMARY: Veterans Health the collection of data that will allow [FR Doc. 2019–17675 Filed 8–16–19; 8:45 am] Administration, Department of Veterans measurement and evaluation of the Affairs (VA), is announcing an Department of Veterans Affairs BILLING CODE 8320–01–P opportunity for public comment on the Programs, the goal of which is improved proposed collection of certain health care for Veterans. DEPARTMENT OF VETERANS information by the agency. Under the • Agent Orange Registry: Public Laws AFFAIRS Paperwork Reduction Act (PRA) of 102–4, 102–585 Section 703,100–687 1995, Federal agencies are required to and 38 United States Code (U.S.C.) 527, Advisory Committee: National publish notice in the Federal Register 38 U.S.C. 1116. Academic Affiliations Council, Notice • concerning each proposed collection of Gulf War Registry: Public Laws of Meeting information, including each proposed 102–585, 103–446 and 38 U.S.C. 1117. extension of a currently approved • Ionizing Radiation: Public Laws The Department of Veterans Affairs collection, and allow 60 days for public 102–585 Section 703, 100–687 and 38 (VA) gives notice under the Federal comment in response to the notice. U.S.C. 527, 38 U.S.C. 1116. Advisory Committee Act that a meeting DATES: Written comments and The new Environmental Health of VA’s National Academic Affiliations recommendations on the proposed Registry (EHR) Worksheet, VA Form 10– Council (NAAC) will be held September collection of information should be 10176, supersedes VA Form 10–9009 4, 2019–September 5, 2019 at the received on or before October 18, 2019. (June 2005), VA Form 10–9009A (March Phoenix VA Health Care System 2010) and VA Form 10–0020A (June (PVAHCS), 650 E Indian School Road, ADDRESSES: Submit written comments 2005). Post Deployment Health Services Phoenix, AZ 85012. The meetings are on the collection of information through (PDHS) plans to have this form open to the public, except when the Federal Docket Management System electronically accessible to NAAC is conducting tours of VA (FDMS) at www.Regulations.gov or to Environmental Health Coordinators and facilities, and participating in off-site Brian McCarthy, Office of Regulatory Clinicians once the EHR is in place. events. Tours of VA facilities are closed and Administrative Affairs (10B4), Until then, PDHS requests to to protect Veterans’ privacy and Department of Veterans Affairs, 810 consolidate 3 existing forms into one personal information, in accordance Vermont Avenue NW, Washington, DC comprehensive form. with 5 U.S.C Sec. 552b(c)(6). 20420 or email to Brian.McCarthy4@ Currently, VA is exploring the The purpose of the NAAC or va.gov. Please refer to ‘‘OMB Control performance of limited registry ‘‘Council’’ is to advise the Secretary on No. 2900–NEW’’ in any correspondence. examinations via telemedicine, in order matters affecting partnerships between During the comment period, comments to reduce Veterans’ need to travel and VA and its academic affiliates. may be viewed online through FDMS. potentially reduce waiting times for On September 4, 2019, the Council FOR FURTHER INFORMATION CONTACT: exams. The form information would be will convene an open session from 9:00 Brian McCarthy at (202) 615–9241. the same, and otherwise the process to a.m. to 12:45 p.m. The agenda will SUPPLEMENTARY INFORMATION: Under the collect and put data into the registry include a presentation on Innovative PRA of 1995, Federal agencies must database will not change. Once the Academic Relationships: A National obtain approval from the Office of exam template is available, it can be Perspective. The Council will have a Management and Budget (OMB) for each used to import information more panel discussion on PVAHCS’s collection of information they conduct seamlessly into the Veteran patient educational innovations and academic or sponsor. This request for comment is record. affiliates; and receive updates from the being made pursuant to Section VA Environmental Health Registry Diversity and Inclusion Subcommittee, 3506(c)(2)(A) of the PRA. evaluations are free, voluntary medical the Strategic Academic Advisory

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Council (SAAC), and VA’s Electronic 11:45 a.m. and will adjourn the meeting Veterans Health Administration, Office Health Record Modernization Work at 12:00 p.m. of Academic Affiliations (10X1), 810 Group as related to education and Interested persons may attend and Vermont Avenue NW, Washington, DC research. In the afternoon, the Council present oral statements to the Council. 20420. Any member of the public will begin the closed portion of the A sign-in sheet for those who want to wishing to attend or seeking additional meeting from 12:45 p.m. to 4:00 p.m., as give comments will be available at the information should contact Ms. Emory it tours the Phoenix VA Health Care meeting. Individuals who speak are via email or by phone at (915) 269– System. Tours of VA facilities are closed invited to submit a 1–2-page summary 0465. Because the meeting will be held in a Government building, anyone to protect Veterans’ privacy and of their comments at the time of the attending must be prepared to submit to personal information, in accordance meeting for inclusion in the official security screening and present a valid with 5 U.S.C Sec. 552b(c)(6). The tour meeting record. Oral presentations will photo I.D. Please allow at least 30 will end the first day. be limited to five minutes or less, minutes prior to the meeting for this On September 5, 2019, the Council depending on the number of process. will convene an open session and participants. Interested parties may also receive a presentation on VA Medical provide written comments for review by Dated: August 14, 2019. and Dental Education, and updates on the Council prior to the meeting, or at Jelessa M. Burney, the MISSION Act (Pub. L. 115–182) any time via email to Larissa.Emory@ Federal Advisory Committee Management provisions related to health professions va.gov, or by mail to Larissa Emory Officer. education. The Council will receive PMP, CBP, MS, Designated Federal [FR Doc. 2019–17698 Filed 8–16–19; 8:45 am] public comments from 11:30 a.m. to Officer, Department of Veterans Affairs, BILLING CODE 8320–01–P

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations; Final Rule

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DEPARTMENT OF THE INTERIOR review, 3 years ago we developed a 11. Moorhens and Gallinules schedule for migratory game bird 12. Rails Fish and Wildlife Service hunting regulations that is more 13. Snipe efficient and establishes hunting season 14. Woodcock 50 CFR Part 20 15. Band-Tailed Pigeons dates earlier than was possible under 16. Doves [Docket No. FWS–HQ–MB–2018–0030; the old process. Under the new process, 17. Alaska FF09M21200–189–FXMB1231099BPP0] we develop proposed hunting season 18. Hawaii frameworks for a given year in the fall 19. Puerto Rico RIN 1018–BD10 of the prior year. We then finalize those 20. Virgin Islands frameworks a few months later, thereby 21. Falconry Migratory Bird Hunting; Final 22. Other Frameworks for Migratory Bird Hunting enabling the State agencies to select and Subsequent documents, including this Regulations publish their season dates in early summer. We provided a detailed document, refer only to numbered items AGENCY: Fish and Wildlife Service, overview of the new process in the requiring attention. Therefore, it is Interior. August 3, 2017, Federal Register (82 FR important to note that we will omit ACTION: Final rule. 36308). This final rule is the fourth in those items requiring no attention, and a series of proposed and final rules for remaining numbered items will be SUMMARY: The U.S. Fish and Wildlife the establishment of the 2019–20 discontinuous and appear incomplete. Service (Service or we) prescribes final hunting seasons. The June 14 proposed rule also frameworks from which States may provided detailed information on the select season dates, limits, and other Regulations Schedule for 2019 proposed 2019–20 regulatory schedule options for the 2019–20 migratory bird On June 14, 2018, we published a and announced the Service Regulations hunting seasons. The effect of this final proposal to amend title 50 of the Code Committee (SRC) and Flyway Council rule is to facilitate the States’ selection of Federal Regulations (CFR) at part 20 meetings. On September 21, 2018, we of hunting seasons and to further the (83 FR 27836). The proposal provided a published in the Federal Register (83 annual establishment of the migratory background and overview of the FR 47868) a second document providing bird hunting regulations. We annually migratory bird hunting regulations supplemental proposals for migratory prescribe frameworks, or outer limits, process, and addressed the bird hunting regulations. The September for dates and times when hunting may establishment of seasons, limits, and 21 supplement also provided detailed occur and the number of birds that may other regulations for hunting migratory information on the 2019–20 regulatory be taken and possessed in hunting game birds under §§ 20.101 through schedule and re-announced the SRC and seasons. These frameworks are 20.107, 20.109, and 20.110 of subpart K. Flyway Council meetings. On October necessary to allow State selections of Major steps in the 2019–20 regulatory 16–17, 2018, we held open meetings seasons and limits and to allow cycle relating to open public meetings with the Flyway Council Consultants, at recreational harvest at levels compatible and Federal Register notifications were which the participants reviewed with population and habitat conditions. illustrated in the diagram at the end of information on the current status of DATES: This rule takes effect on August the June 14, 2018, proposed rule (83 FR migratory game birds and developed 19, 2019. 27836). Further, we explained that all recommendations for the 2019–20 sections of subsequent documents regulations for these species. ADDRESSES: States should send their On April 17, 2019, we published in season selections to: Chief, Division of outlining hunting frameworks and guidelines were organized under the Federal Register (84 FR 16152) the Migratory Bird Management, U.S. Fish proposed frameworks for the 2019–20 and Wildlife Service, MS: MB, 5275 numbered headings. Those headings are: season migratory bird hunting Leesburg Pike, Falls Church, VA 22041– regulations. This document establishes 3803. You may inspect comments 1. Ducks final frameworks for migratory bird received on the migratory bird hunting A. General Harvest Strategy hunting regulations for the 2019–20 regulations during normal business B. Regulatory Alternatives C. Zones and Split Seasons season. There are no substantive hours at the Service’s office at 5275 changes from the April 17, 2019, Leesburg Pike, Falls Church, VA 22041– D. Special Seasons/Species Management i. September Teal Seasons proposed rule, with the exception of 3803 or at http://www.regulations.gov at ii. September Teal/Wood Duck Seasons changes made in response to the John D. Docket No. FWS–HQ–MB–2018–0030. iii. Black Ducks Dingell, Jr. Conservation, Management, You may obtain copies of referenced iv. Canvasbacks and Recreation Act, which was signed reports from the street address above, or v. Pintails into law on March 12, 2019 (Pub. L. from the Division of Migratory Bird vi. Scaup 116–9), and amended the Migratory Bird Management’s website at http:// vii. Mottled Ducks viii. Wood Ducks Treaty Act; those changes are discussed www.fws.gov/migratorybirds/, or at below under Review of Public http://www.regulations.gov at Docket ix. Youth Hunt x. Mallard Management Units Comments and Flyway Council No. FWS–HQ–MB–2018–0030. xi. Other Recommendations. We will publish FOR FURTHER INFORMATION CONTACT: Ken 2. Sea Ducks State selections in the Federal Register Richkus, U.S. Fish and Wildlife Service, 3. Mergansers as amendments to §§ 20.101 through Department of the Interior, MS: MB, 4. Canada Geese 20.107 and 20.109 of title 50 CFR part 5275 Leesburg Pike, Falls Church, VA A. Special Early Seasons 20. 22041–3803; (703) 358–1780. B. Regular Seasons C. Special Late Seasons Population Status and Harvest SUPPLEMENTARY INFORMATION: 5. White-Fronted Geese 6. Brant Each year we publish various species New Process for the Annual Migratory status reports that provide detailed Game Bird Hunting Regulations 7. Snow and Ross’s (Light) Geese 8. Swans information on the status and harvest of As part of the Department of the 9. Sandhill Cranes migratory game birds, including Interior’s retrospective regulatory 10. Coots information on the methodologies and

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results. These reports are available at certain migratory game bird populations Mississippi, Central, and Pacific the address indicated under FOR and to limit harvests to levels Flyways FURTHER INFORMATION CONTACT or from compatible with each population’s our website at https://www.fws.gov/ ability to maintain healthy, viable The prescribed regulatory alternative for the Mississippi, Central, and Pacific birds/surveys-and-data/reports-and- numbers. Having taken into account the Flyways is based on the status of publications/population-status.php. zones of temperature and the mallard populations that contribute We used the following reports: distribution, abundance, economic Adaptive Harvest Management, 2019 primarily to each Flyway. In the Central value, breeding habits, and times and and Mississippi Flyways, we set Hunting Season (September 2018); lines of flight of migratory birds, we American Woodcock Population Status, hunting regulations based on the status conclude that the hunting seasons and dynamics of mid-continent 2018 (August 2018); Band-tailed Pigeon provided for herein are compatible with Population Status, 2018 (August 2018); mallards. Mid-continent mallards are the current status of migratory bird Migratory Bird Hunting Activity and those breeding in central North America populations and long-term population Harvest During the 2016–17 and 2017– (Federal survey strata 13–18, 20–50, and goals. Additionally, we are obligated to, 18 Hunting Seasons (August 2018); 75–77, and State surveys in Minnesota, Mourning Dove Population Status, 2018 and do, give serious consideration to all Wisconsin, and Michigan). In the Pacific (August 2018); Status and Harvests of information received as public Flyway, we set hunting regulations Sandhill Cranes, Mid-continent, Rocky comment. While there are problems based on the status and dynamics of Mountain, Lower Colorado River Valley inherent with any type of representative western mallards. Western mallards are and Eastern Populations, 2018 (August management of public-trust resources, those breeding in Alaska and the 2018); and Waterfowl Population Status, we conclude that the Flyway Council northern Yukon Territory (as based on 2018 (August 2018). system of migratory bird management Federal surveys in strata 1–12), and in has been a longstanding example of California, Oregon, Washington, and Review of Public Comments and State-Federal cooperative management British Columbia (as based on State- or Flyway Council Recommendations since its establishment in 1952. Province-conducted surveys). The preliminary proposed However, as always, we continue to For the 2019–20 season, we will rulemaking, which appeared in the June seek new ways to streamline and continue to use independent 14, 2018, Federal Register, opened the improve the process. optimization to determine the optimal public comment period for migratory 1. Ducks regulatory choice for each mallard stock. game bird hunting regulations and This means that we develop regulations discussed the regulatory alternatives for A. General Harvest Strategy for mid-continent mallards and western the 2019–20 duck hunting season. mallards independently, based upon the Comments and recommendations are Council Recommendations: The breeding stock that contributes summarized below and numbered in the Atlantic, Mississippi, Central, and primarily to each Flyway. We detailed order used in the June 14, 2018, Pacific Flyway Councils recommended implementation of this AHM decision proposed rule. the adoption of the ‘‘liberal’’ regulatory framework for western and mid- We received recommendations from alternative for their respective flyways. continent mallards in the July 24, 2008, all four Flyway Councils. Some The Mississippi Flyway Council Federal Register (73 FR 43290). recommendations supported recommended that regulation changes continuation of last year’s frameworks. The optimal AHM strategies for mid- be restricted to one step per year, both Due to the comprehensive nature of the continent and western mallards for the when restricting as well as liberalizing annual review of the frameworks 2019–20 hunting season were calculated hunting regulations. performed by the Councils, support for using: (1) Harvest-management continuation of last year’s frameworks is Written Comments: An individual objectives specific to each mallard assumed for items for which no supported the new adaptive harvest stock; (2) the 2019–20 regulatory recommendations were received. management (AHM) protocol recently alternatives; and (3) current population Council recommendations for changes implemented for the Atlantic Flyway. models and associated weights. Based on ‘‘liberal’’ regulatory alternatives in the frameworks are summarized Service Response: As we stated in the below. We have included only the selected for the 2018–19 hunting season, June 14, 2018, and September 21, 2018, the 2018 Waterfowl Breeding numbered items pertaining to issues for proposed rules, we intend to continue which we received recommendations. Population and Habitat Survey use of AHM to help determine (WBPHS) results of 9.57 million mid- Consequently, the issues do not follow appropriate duck-hunting regulations in successive numerical order. continent mallards, 3.66 million ponds for the 2019–20 season. AHM is a tool in Prairie Canada, 1.03 million western General that permits sound resource decisions in mallards observed in Alaska (0.45 Written Comments: Several the face of uncertain regulatory impacts, million) and the southern Pacific commenters protested the entire as well as providing a mechanism for Flyway (0.57 million), the optimal migratory bird hunting regulations reducing that uncertainty over time. We regulatory choice for the three western process, the killing of any migratory use AHM to evaluate four alternative Flyways is the ‘‘liberal’’ alternative. birds, and status and habitat data on regulatory levels for duck hunting in the Therefore, we concur with the which the migratory bird hunting Mississippi, Central, and Pacific recommendations of the Mississippi, regulations are based. Flyways based on the population status Central, and Pacific Flyway Councils Several other commenters supported of mallards (discussed below). We will regarding selection of the ‘‘liberal’’ the overall migratory bird hunting use AHM based on the population status regulatory alternative for the 2019–20 regulatory process and supported the of a suite of four species in the Atlantic season and will adopt the ‘‘liberal’’ proposed regulations. Flyway (discussed below). We have regulatory alternative, as described in Service Response: Our long-term specific hunting strategies for species of the September 21, 2018, Federal objectives continue to include providing special concern, such as black ducks, Register, with one exception (see B. opportunities to harvest portions of scaup, and pintails. Regulatory Alternatives, below).

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Atlantic Flyway represent upland nesters in boreal and Other Issues Since 2000, the Service has used an southern Canada (green-winged teal), Regarding the Mississippi Flyway AHM protocol based on the status of over-water nesters in boreal Canada Council recommendation to limit eastern mallards to establish the annual (ring-necked duck), cavity nesters in the regulatory changes to one step per year, framework regulations for duck hunting United States and southern Canada we recognize the longstanding interest seasons in the Atlantic Flyway. This (wood duck), and cavity nesters in by the Council to impose a one-step protocol assumes that the mallard is an boreal Canada (goldeneye). The most constraint on regulatory changes. In the appropriate surrogate for other duck important winter waterfowl habitats in September 21, 2018, Federal Register, species in the Atlantic Flyway. the Atlantic Flyway (salt marsh, we noted that the Central and However, following a review of eastern freshwater marsh, tidal waters, Mississippi Flyways have worked with mallard AHM conducted in 2013, the freshwater ponds and lakes, rivers and Service staff during the past 3 years to Atlantic Flyway Council determined streams) are important to at least one of revisit the AHM protocol for managing that eastern mallards do not adequately these four species. harvest of mid-continent mallards. This represent duck harvest dynamics Species selection was also influenced effort has included a discussion of throughout the entire Flyway; they do by our need for sufficient time series of appropriate management objectives, not represent the breeding ecology and estimates of annual abundance and regulatory packages, and management of habitat requirements of other important estimates of harvest rate or annual non-mallard stocks. We continue to Atlantic Flyway duck species because harvest. The protocol has a harvest support that these discussions are the their breeding range does not overlap objective of no more than 98 percent of appropriate venue to discuss what role, with that of other ducks that breed in maximum sustainable long-term yield if any, a one-step constraint might play the flyway; and their breeding and/or for any of the four species. Regulatory in management of waterfowl in the wintering habitat needs differ from alternatives are the same as those used Central and Mississippi Flyways. Such many of the other duck species in the in the eastern mallard AHM, except that discussions should include the potential Flyway. Thus, although mallards the mallard bag limit is not prescribed impact of a one-step constraint on the comprise nearly 20 percent of the by the optimal regulatory alternative as frequency of when the liberal, moderate, Atlantic Flyway’s duck harvest, the and restrictive packages would be determined by the multi-stock AHM status of eastern mallards does not recommended. On a final note, while protocol. The mallard bag limit in the necessarily reflect that of other Atlantic we recognize the Council’s concern Atlantic Flyway is now based on a Flyway duck species. For example, about potentially communicating a large separate assessment of the harvest mallards in eastern North America have regulatory change to hunters, we have potential of eastern mallards (see xi. declined at an average annual rate of 1 concerns about the appropriateness of a percent since 1998, whereas over the Other for further discussion on the one-step constraint in situations when same time period all other duck species mallard bag limit in the Atlantic the status of the waterfowl resource may in eastern North America, for which Flyway). warrant a regulatory change larger than robust population estimates are The optimal AHM strategies for the one step. Furthermore, it is unclear how available, are stable or increasing. Atlantic Flyway for the 2019–20 the AHM protocol can accommodate a The Atlantic Flyway Council decided hunting season were calculated using: one-step constraint in the Mississippi that a decision framework based upon a (1) Harvest-management objectives Flyway if the same constraint is not suite of duck species that better specific to each stock; (2) the 2019–20 imposed in the Central Flyway. represents the habitat needs and harvest regulatory alternatives; and (3) current Technical work on the AHM revision distribution of ducks in the Atlantic population models and associated process tentatively should be completed Flyway would be superior to the current weights. Based on the ‘‘liberal’’ by summer 2019, with any potential eastern mallard AHM framework, and regulatory alternative selected for the changes to regulatory packages and the we concur. Accordingly, the Service and 2018–19 duck hunting season, the 2018 harvest strategy approved in October the Atlantic Flyway began working in WBPHS results of 0.35 million 2019 for the 2021–22 season. We look 2013 to develop a multi-stock AHM American green-winged teal, 1.12 forward to continued work with the protocol for setting annual duck hunting million wood ducks, 0.63 million ring- Flyway Councils on this issue. season frameworks for the Atlantic necked ducks, and 0.49 million B. Regulatory Alternatives Flyway. goldeneyes in the eastern survey area The development of multi-stock and Atlantic Flyway, the optimal Council Recommendations: The protocols has now been completed, and regulatory choice for the Atlantic Mississippi Flyway Council we adopted multi-stock AHM as a Flyway is the ‘‘liberal’’ alternative. recommended that the framework replacement for eastern mallard AHM Therefore, we concur with the closing date be modified from the last (September 21, 2018, Federal Register; recommendation of the Atlantic Flyway Sunday in January to January 31 for 83 FR 47868). The protocols are based Council regarding selection of the both the ‘‘liberal’’ and ‘‘moderate’’ AHM on a suite of four species that represents packages. ‘‘liberal’’ regulatory alternative for the the dynamics of duck harvest in the Service Response: We support the 2019–20 season and will adopt the Atlantic Flyway and the various habitat Mississippi Flyway’s recommendation ‘‘liberal’’ regulatory alternative, as types used by waterfowl throughout the for a closing date of January 31 for the described in the September 21, 2018, Atlantic Flyway: Green-winged teal 2019–20 midcontinent duck seasons. Federal Register. (Anas crecca), common goldeneye Although we recognize that this issue is (Bucephala clangula), ring-necked duck Further details on biological models currently being discussed as part of the (Aythya collaris), and wood duck (Aix used in the protocol, data sources, AHM revision process, we understand sponsa). These species comprise more optimization methods, and simulation that there is agreement among the than 40 percent of the Atlantic Flyway’s results are available at http:// Mississippi and Central Flyways and total duck harvest, and they reflect www.regulations.gov and on our website the Service’s Migratory Bird regional variation in harvest at https://www.fws.gov/birds/surveys- Management staff that the new composition. The selected species and-data/reports-and-publications.php. forthcoming regulatory alternatives will

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contain an ending framework date of finalized in 2011 (76 FR 53536; August hunting tradition; and equitable access January 31 for at least the ‘‘liberal’’ 26, 2011). Every 5 years, States are to the black duck resource between regulatory alternative. Thus, adopting afforded the opportunity to change the Canada and the United States while the Mississippi Flyway Council’s zoning and split-season configuration accommodating the fundamental proposed closing date for the 2019–20 within which they set their annual duck sources of uncertainty (partial seasons is acceptable at this time for hunting regulations. The next regularly controllability and partial observability, both the Mississippi and Central scheduled open season for changes to structural uncertainty, and flyways. Further, the Atlantic Flyway zone and split-season configurations environmental variation). currently also has a closing duck will be in 2020, for use during the 2021– For the 2019–20 season, the optimal framework date of January 31. 25 period. country-specific regulatory strategies Therefore, we proposed a January 31 Lastly, we note that duck hunting were calculated using: (1) The black closing date for duck frameworks for all zones are established at the State level duck harvest objective (98 percent of four flyways during the 2019–20 by the State based on the above long-term cumulative harvest); (2) 2019– hunting seasons. The additional few referenced guidelines. The selection of 20 country-specific regulatory days will have no measurable impact on season hunting dates is specifically a alternatives; (3) current parameter duck harvests, and satisfies the desires State decision based on the overall estimates for mallard competition and of the Flyway Councils and hunters. frameworks for each species. additive mortality; and (4) 2018 survey Subsequent to our proposed rule, the results of 0.53 million breeding black John D. Dingell, Jr. Conservation, D. Special Seasons/Species ducks and 0.40 million breeding Management, and Recreation Act (Act), Management mallards in the core survey area. The signed into law on March 12, 2019 (Pub. i. September Teal Seasons optimal regulatory choices for the 2019– L. 116–9), amended the Migratory Bird 20 season are the ‘‘liberal’’ package in Treaty Act to specify that the framework Council Recommendations: The Canada and the ‘‘moderate’’ package in closing date for hunting ducks, Atlantic Flyway Council requested that the United States. mergansers, and coots ‘‘shall not be later Florida be allowed to hold an iv. Canvasbacks than January 31 of each year.’’ The Act experimental September teal-only also states that, with regard to these season for an additional year (2019), to Council Recommendations: The species, the Secretary shall ‘‘adopt the allow sufficient time to evaluate impacts Atlantic, Mississippi, Central, and recommendation of each respective to non-target species. Pacific Flyway Councils recommended flyway council (as defined in section Service Response: For the 2019–20 a full season for canvasbacks with a 2- 20.152 of title 50, Code of Federal season, we will utilize the 2018 bird daily bag limit. Season lengths Regulations) for the Federal framework breeding population estimate of 6.45 would be 60 days in the Atlantic and if the Secretary determines that the million blue-winged teal from the Mississippi Flyways, 74 days in the recommendation is consistent with traditional survey area and the criteria Central Flyway, and 107 days in the science-based and sustainable harvest developed for the teal season guidelines. Pacific Flyway. management.’’ Thus, as directed by the Thus, a 16-day September teal season in Service Response: As we discussed in Act, we have adopted January 31 as the the Atlantic, Central, and Mississippi the March 28, 2016, final rule (81 FR framework closing date for all four Flyways is appropriate for the 2019–20 17302), the canvasback harvest strategy Flyways. season. that we had relied on until 2015 was not We agree with the Atlantic Flyway viable under our new regulatory process C. Zones and Split Seasons Council’s request to extend Florida’s because it required biological Written Comments: A commenter experimental teal-only season through information that was not yet available at from Pennsylvania requested changes to 2019. The additional year will allow the time a decision on season structure the duck hunting zones in Florida to collect additional data to needed to be made. We do not yet have Pennsylvania. Several individuals from meet experimental sample size criteria a new harvest strategy to propose for use Louisiana were unhappy with the and study impacts to non-target species. in guiding canvasback harvest hunting dates selected by Louisiana. management in the future. However, we iii. Black Ducks Service Response: Zones and split have worked with technical staff of the seasons are special regulations designed Council Recommendations: The four Flyway Councils to develop a to distribute hunting opportunities and Atlantic and Mississippi Flyway decision framework (hereafter, decision harvests according to temporal, Councils recommended that the Service support tool) that relies on the best geographic, and demographic variability continue to follow the International biological information available to in waterfowl and other migratory game Black Duck AHM Strategy for the 2019– develop recommendations for annual bird populations. States have been 20 season. canvasback harvest regulations. The allowed the option of dividing their Service Response: In 2012, we decision support tool used available allotted duck hunting days into two (or adopted the International Black Duck information (1994–2014) on canvasback in some cases three) segments (splits) to AHM Strategy (77 FR 49868; August 17, population size, growth rate, survival, take advantage of species-specific peaks 2012). The formal strategy is the result and harvest and a discrete logistic of abundance or to satisfy hunters in of 14 years of technical and policy growth model to derive an optimal different areas who want to hunt during decisions developed and agreed upon harvest policy with an objective of the peak of waterfowl abundance in by both Canadian and U.S. agencies and maximum sustained yield. The decision their area. States also have the option to waterfowl managers. The strategy support tool calls for a closed season establish independent duck seasons in clarifies what harvest levels each when the observed population is below up to four zones within States for the country will manage for and reduces 460,000, a 1-bird daily bag limit when purpose of providing more equitable conflicts over country-specific the observed breeding population is distribution of harvest opportunity for regulatory policies. Further, the strategy between 460,000 and 480,000, and a 2- hunters throughout the State. allows for attainment of fundamental bird daily bag limit when the observed The guidelines were first established objectives of black duck management: population is greater than 480,000. in 1978, with the current guidelines Resource conservation; perpetuation of Given that the 2018 canvasback

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breeding population estimate from the optimal regulatory choice for the 2019– of those days is consistent with science- WBPHS was 686,000 birds, we support 20 season for all four Flyways is the based and sustainable harvest the Flyway Councils’ recommendations ‘‘moderate’’ regulatory alternative. management. Such days shall be treated for a 2-canvasback daily bag limit for the as separate from, and in addition to, the ix. Youth Hunt 2019–20 season. annual Federal framework hunting Council Recommendations: The season lengths.’’ The Act also states that v. Pintails Pacific Flyway Council recommended States may combine the 2 days allowed Council Recommendations: The replacing tundra swan with swan in the for youths with the 2 days allowed for Atlantic, Mississippi, Central, and bag limits for the Special Youth veterans and members of the Armed Pacific Flyway Councils recommended Waterfowl Hunting Days. Forces on active duty, but that no State a full season for pintails, consisting of Service Response: We agree with the may have more than a total of 4 a 1-bird daily bag limit and a 60-day Pacific Flyway Council’s additional days added to its regular season in the Atlantic and Mississippi recommendation to replace tundra swan hunting season. Thus, as directed by the Flyways, a 74-day season in the Central with swan in the bag limits for the Act, we have adopted the inclusion of Flyway, and a 107-day season in the Special Youth Waterfowl Hunting Days. the 2 additional days for veterans and Pacific Flyway. The change is intended to allow the take active military personnel into the final Service Response: The current derived of any swan species in the Pacific frameworks for the 2019–20 hunting pintail harvest strategy was adopted by Flyway (currently applicable to only season. the Service and Flyway Councils in Montana, Utah, and Nevada) consistent 2010 (75 FR 44856; July 29, 2010). For with the swan hunting framework that xi. Other the 2019–20 season, an optimal has existed in the Pacific Flyway since Council Recommendations: The regulatory strategy for pintails was 1995. Swans may only be taken by Atlantic Flyway Council recommended calculated with: (1) An objective of participants possessing applicable swan use of the Eastern Mallard Prescribed maximizing long-term cumulative hunting permits. This will not change Take Level (PTL) analysis for setting harvest, including a closed-season the number of swan hunting permits mallard bag limits at two (2) birds per constraint of 1.75 million birds; (2) the available in any State, but will provide day in the Atlantic Flyway until a regulatory alternatives and associated an opportunity for youths with a swan formal harvest strategy can be predicted harvest; and (3) current hunting permit to hunt swans during developed in conjunction with the population models and their relative the Special Youth Waterfowl Hunting Service. Further, they recommended weights. Based on a ‘‘liberal’’ regulatory Days in addition to the regular swan adopting a restriction of no more than alternative with a 2-bird daily bag limit season. Youth hunters in other flyways one (1) hen mallard per day in for the 2018–19 season, and the 2018 with a tundra swan hunting permit conjunction with reducing the mallard WBPHS survey results of 2.37 million would continue to be able to hunt bag limit for the 2019–20 hunting pintails observed at a mean latitude of tundra swans during the Special Youth season. 56.1 degrees, the optimal regulatory Waterfowl Hunting Days. The expected Written Comments: An individual choice for all four Flyways for the 2019– additional harvest from this change is from South Carolina questioned 20 hunting season is the ‘‘liberal’’ negligible because we anticipate that proposed mallard bag restrictions in alternative with a 1-bird daily bag limit. few youths will apply and successfully South Carolina given his interpretation draw the limited number of swan of band return data indicating most vi. Scaup hunting permits in the Pacific Flyway, mallards harvested in South Carolina Council Recommendations: The and any issued swan hunting permit originate in the Great Lake States and Atlantic, Mississippi, Central, and may otherwise be filled during the southern Ontario rather than the Pacific Flyway Councils recommended regular swan hunting season. Hunting northeastern States. As such, he use of the ‘‘moderate’’ regulation during the Special Youth Waterfowl believed South Carolina regulations package, consisting of a 60-day season Hunting Days in the Pacific Flyway is should be based on mid-continent with a 2-bird daily bag in the Atlantic expected to result in the same ratio of mallards rather than eastern mallards. Flyway and a 3-bird daily bag in the take between trumpeter and tundra Service Response: The Atlantic Mississippi Flyway, a 74-day season swans as occurs in the regular season. Flyway Council’s multi-stock harvest with a 3-bird daily bag limit in the Subsequent to our proposed rule, the strategy (see above) did not specifically Central Flyway, and an 86-day season John D. Dingell, Jr. Conservation, address bag limits for mallards. The with a 3-bird daily bag limit in the Management, and Recreation Act (Act), number of breeding mallards in Pacific Flyway. signed into law on March 12, 2019 (Pub. northeastern United States (about two- Service Response: In 2008, we L. 116–9), amended the Migratory Bird thirds of the eastern mallard population adopted and implemented a new scaup Treaty Act to codify the 2 additional in 1998) has decreased by about 38 harvest strategy (73 FR 43290 on July hunting days we currently have for percent since 1998, and the overall 24, 2008, and 73 FR 51124 on August youth hunters and to specifically add 2 population has declined by about 1 29, 2008) with initial ‘‘restrictive,’’ additional hunting days for veterans and percent per year during that time ‘‘moderate,’’ and ‘‘liberal’’ regulatory active military personnel. The Act states period. This has resulted in reduced packages adopted for each Flyway. that ‘‘the Secretary shall allow States to harvest potential for that population. For scaup, optimal regulatory select 2 days for youths and 2 days for The Service conducted a PTL analysis to strategies for the 2019–20 season were veterans (as defined in section 101 of estimate the allowable take (kill rate) for calculated using: (1) An objective to title 38, United States Code) and eastern mallards, and compared that achieve 95 percent of long-term members of the Armed Forces on active with the expected kill rate under the cumulative harvest; (2) current scaup duty, including members of the National most liberal season length (60 days) regulatory alternatives; and (3) updated Guard and Reserves on active duty being considered as part of the multi- model parameters and weights. Based (other than for training), to hunt eligible stock framework’s regulatory on a ‘‘moderate’’ regulatory alternative ducks, geese, swans, mergansers, coots, alternatives. selected in 2018, and the 2018 WBPHS moorhens, and gallinules, if the PTL requires an estimate of the survey results of 3.99 million scaup, the Secretary determines that the addition maximum population growth rate (rmax)

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in the absence of harvest and density • Allow Maine to designate their virtually nonexistent in 2018. This is dependence. That estimate is then used Coastal Zone as a low harvest North unprecedented in the 22 years this to calculate the allowable rate of take as Atlantic Population (NAP) Zone for an metric has been monitored. Lastly, given (rmax/2)F, where F is a variable that experimental 3-year period (2019–21); current population trends and the poor reflects management objectives. Using • Implement the ‘‘restrictive’’ season 2018 production, the harvest strategy is contemporary data and assuming a option (30-day season with a daily bag highly likely to prescribe a ‘‘restrictive’’ management objective of maximum limit of two (2) geese in the New season in 2020–21. The Atlantic Flyway sustained yield, the PTL analysis England [Connecticut, Massachusetts, Council notes that reductions in harvest estimated an allowable take rate of and Vermont] and Mid-Atlantic [New achieved by implementing a restrictive 0.194–0.198. The expected take (kill) Jersey, New York, and Pennsylvania] season 1 year earlier should slow the rate for eastern mallards under a 60-day Regions and one (1) goose in the rate of population decline, and in turn season and a 2-mallard daily bag limit Chesapeake Region [Delaware, reduce the likelihood of the population in the U.S. portion of the Atlantic Maryland, and Virginia]) for Atlantic declining to a level (60,000 pairs) at Flyway was 0.193 (SE = 0.016), which Population (AP) harvest areas in the which a closed season would be is slightly below (but not statistically Atlantic Flyway in 2019–20; prescribed. • different from) the point estimate of Allow Connecticut to modify the Third, the recommended changes to allowable take (PTL) at maximum boundary between the Atlantic Flyway zone boundaries (Connecticut), zone sustained yield. This indicates that a 2- Resident Population (AFRP) zone and designation (New Jersey), and NAP zone; framework dates (New York) are all the bird daily bag limit is sustainable at this • time. Thus, we agree with the Atlantic Allow New Jersey to change the result of a recent Atlantic Flyway Flyway Council’s recommendation of a designation of their Coastal Zone from Council assessment of migrant Canada 2-bird daily bag limit for mallards, of an AFRP to a NAP Canada goose high goose harvest in AFRP zones. The which only one may be a hen. We harvest area beginning in 2019; and assessment indicated that migrant • Modify the New York AFRP Canada expect that the hen restriction will help Canada goose harvest in AFRP zones in Goose Areas to no more than 80 days, conserve the population’s breeding those States exceeded the level allowed starting no earlier than the fourth stock. Further details on the PTL by the Atlantic Flyway Council’s Saturday in October and ending no later analysis are available at http:// established criteria. The Council’s than the last day of February. recommended changes will reduce www.regulations.gov and on our website Service Response: We agree with all of at https://www.fws.gov/birds/surveys- migrant Canada goose harvest in AFRP the Atlantic Flyway Council’s zones in those States and bring them and-data/reports-and-publications.php. recommendations concerning Canada Regarding the mallard bag restrictions back into compliance with AFRP zone geese. First, allowing Maine to change criteria. Thus, we agree that all three in South Carolina and the origin of the designation of their Coastal Zone to stocks, we have a long-standing policy changes are appropriate, and we a low harvest NAP Zone for an commend the Atlantic Flyway Council’s of setting duck hunting regulations by experimental 3-year period (2019–21) flyway, for both biological and continuing commitment to sustainable should allow for the harvest of more harvest of migrant Canada geese. administrative purposes. Furthermore, AFRP geese with the longer season we note that the proportion of the length and higher bag limit. While some 6. Brant southern Atlantic Flyway mallard additional harvest of NAP Canada geese Council Recommendations: The harvest that originates in the mid- may occur, the Coastal Zone currently Atlantic Flyway Council recommended continent region has declined meets the criteria as a low harvest zone that the 2019–20 season for Atlantic significantly since the 1970s and 1980s, under the current NAP harvest strategy. brant follow the Atlantic Flyway while that from eastern North America Second, while we note that the Council’s brant harvest strategy pending has increased. A 2012 report (Arnold current AP harvest strategy indicates the results of the 2019 Atlantic Flyway and de Sobrino) indicated that 53 that a continuation of the ‘‘moderate’’ Mid-winter Waterfowl Survey (MWS). percent of the mallard harvest in North season may be considered given the The Council also recommended that if Carolina, South Carolina, Georgia, and current population abundance, moving results of the 2019 MWS are not Florida during 1995–2009 was derived to a ‘‘restrictive’’ season in the AP available, then results of the most recent from mallards of eastern origin, either harvest strategy is the more prudent MWS should be used. eastern Canada (33 percent) or eastern choice. The breeding pair estimate (the The Pacific Flyway Council United States north of North Carolina primary metric used to inform AP recommended that the 2019–20 brant (20 percent). Harvest of locally harvest management decisions) has season frameworks be determined based produced mallards likely would declined sharply the past 2 years, and on the harvest strategy in the Council’s increase this percentage further. although the 3-year running average of management plan for the Pacific Because a majority of birds harvested in total indicated pairs (154,969) remains population of brant pending results of the southeastern states in the Atlantic above the harvest strategy threshold the 2019 Winter Brant Survey (WBS). If Flyway are derived from eastern stocks, (150,000 pairs) for consideration of a results of the 2019 WBS are not we do not agree with the implication moderate season, the 2018 single-year available, results of the most recent that South Carolina’s mallard bag limit estimate (112,235 pairs) is 25 percent WBS should be used. should be based on the status of mid- below that level. Further, the total Service Response: As we discussed in continent mallards. population index has declined by the March 28, 2016, final rule (81 FR 4. Canada Geese approximately one-third since 2009. 17302), the current harvest strategy used The Atlantic Flyway Council notes that to determine the Atlantic brant season B. Regular Seasons this decline, which is only now showing frameworks does not fit well within the Council Recommendations: The up in the breeding pair estimate, likely new regulatory process, similar to the Atlantic Flyway Council made several reflects an extended period (2009–16) of Rocky Mountain Population (RMP) recommendations concerning Canada average or below-average production sandhill crane issue discussed below goose regular seasons. Specifically, they years. Additionally, gosling production, under 9. Sandhill Cranes. In developing recommended: as indexed by age ratios at banding, was the annual proposed frameworks for

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Atlantic brant in the past, the Atlantic above Atlantic brant hunt strategies, the and the Saturday closest to September Flyway Council and the Service used appropriate Atlantic brant hunting 24 through the last Sunday in January the number of brant counted during the season for the 2019–20 season is a 30- in Washington. MWS in the Atlantic Flyway, and took day season with a 2-bird daily bag limit. The recent 3-year average (2017–2019) into consideration the brant As with the case for Atlantic brant, we WBS count of Pacific brant was 149,647. population’s expected productivity that also agree with the Pacific Flyway Using the above harvest strategy, the summer. The MWS is conducted each Council’s recommendation that the appropriate season length and daily bag January, and expected brant 2019–20 Pacific brant season limit framework for Pacific brant in the productivity is based on early-summer frameworks be determined by the 2019–20 season is a 107-day season observations of breeding habitat harvest strategy in the Council’s with a 4-bird daily bag limit in Alaska, conditions and nesting effort in management plan for the Pacific and a 37-day season with a 2-bird daily important brant nesting areas. Thus, the population of brant pending results of bag limit in California, Oregon, and data under consideration were available the 2019 WBS. Similarly, the harvest Washington. before the annual Flyway and SRC strategy used to determine the Pacific 8. Swans decision-making meetings took place in brant season frameworks does not fit late July. Although the former regulatory well within the new regulatory process. Council Recommendations: The alternatives for Atlantic brant were In developing the annual proposed Atlantic Flyway Council recommended developed by factoring together long- frameworks for Pacific brant, the Pacific that the allocation of tundra swan hunt term productivity rates (observed during Flyway Council and the Service use the permits in the Atlantic Flyway be based November and December productivity 3-year average number of brant counted on the proportion of tundra swans surveys) with estimated observed during the WBS in the Pacific Flyway to counted on the Mid-Winter Survey harvest under different framework determine annual allowable season (MWS) in each State that hunts swans. regulations, the primary decision- length and daily bag limits. The WBS is Permit allocation would be re-evaluated making criterion for selecting the annual conducted each January (that is, after every 3 years based on the past 3-year frameworks was the MWS count. the date that the proposed frameworks MWS average in each State that allows Under the new regulatory schedule, are formulated in the regulatory process) swan hunting. Permit allocation for the neither the expected brant production in coastal areas of western Mexico, the 2019–20 through the 2021–22 seasons information nor the MWS count for the United States, and Canada. However, will be 6,115 permits in North Carolina, current year is yet available at the time the data are typically available by the 801 permits in Virginia, and 84 permits the proposed frameworks are published. expected publication of these final in Delaware (for a total of 7,000 in the However, the MWS is typically frameworks. When we acquire the Atlantic Flyway). If the number of completed, and winter brant data are survey data, we select the appropriate permits available to the Atlantic Flyway available, by the expected publication of frameworks for the Pacific brant season should change or if additional States the final frameworks. Therefore, in the according to the harvest strategy in the initiate tundra swan hunting seasons, September 24, 2015, Federal Register Pacific Flyway Council’s management the Council recommends that permit (80 FR 57664), we adopted the Atlantic plan for Pacific brant and publish the allocation be adjusted based on the Flyway Council’s changes to the then- result in the final frameworks rule. The proportion of tundra swans counted in current Atlantic brant hunt plan current harvest strategy for Pacific brant each State. is as follows: The Pacific Flyway Council strategy. The current harvest strategy for • Atlantic brant is as follows: If the WBS index is <102,000 brant, recommended several changes to the • If the MWS count is <100,000 then the brant season is closed, and the swan season frameworks. Specifically, Atlantic brant, the season would be season may not reopen until the 3-year the Council recommended: closed. average WBS index exceeds 112,000 (1) Extending outside dates to the • If the MWS count is between brant. Saturday nearest September 24 • 100,000 and 115,000 brant, States could If the WBS index is between (currently the Saturday nearest October select a 30-day season with a 1-bird 102,000 and 122,000 brant, then Alaska 1) and closing consistent with the duck daily bag limit. may select a 51-day season with a 2-bird season framework of January 31 • If the MWS count is between daily bag limit, and California, Oregon, (currently varies by State from 115,000 and 130,000 brant, States could and Washington may select a 16-day December 1 to the Sunday following select a 30-day season with a 2-bird season with a 2-bird daily bag limit. January 1); • daily bag limit. If the WBS index is between (2) Extending the maximum season • If the MWS count is between 122,001 and 147,000 brant, then Alaska length to 107 days (currently varies by 130,000 and 150,000 brant, States could may select a 107-day season with a 2- State from 64 to 100 days), subject to select a 50-day season with a 2-bird bird daily bag limit, and California, season closure rules (see below); daily bag limit. Oregon, and Washington may select a (3) Allowing youths with a swan • If the MWS count is between 27-day season with a 2-brant daily bag hunting permit to hunt swans during 150,000 and 200,000 brant, States could limit. federal Special Youth Waterfowl select a 60-day season with a 2-bird • If the WBS index is greater than Hunting Days; daily bag limit. 147,000 brant, then Alaska may select a (4) Removing State requirements to • If the MWS count is >200,000 brant, 107-day season with a 4-bird daily bag monitor and report on swan populations States could select a 60-day season with limit, and California, Oregon, and within designated hunt areas; a 3-bird daily bag limit. Washington may select a 37-day season (5) Increasing the trumpeter swan Under all the above open-season with a 2-bird daily bag limit. quota from 5 to 10 in Nevada; alternatives, seasons would be between Under all the above open-season (6) Increasing the trumpeter swan the Saturday nearest September 24 and alternatives, the outside framework quota from 10 to 20 in Utah; January 31. Further, States could split season dates are September 1 through (7) Increasing permits from 2,000 to their seasons into 2 segments. January 26 in Alaska, the Saturday 2,750 in Utah; and The 2019 MWS Atlantic brant count closest to September 24 through (8) Increasing the hunt area in Utah was 120,109 brant. Thus, utilizing the December 15 in California and Oregon, (for clearer boundaries).

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Written Comments: The North Dakota population objective of 60,000 swans. youth waterfowl hunting days. Game and Fish Department (North Regarding RMP trumpeter swans, the Broadening the opening and closing Dakota) and the South Dakota recent (2015) fall count was 11,271 dates, extending the season length, and Department of Game, Fish, and Parks white swans (i.e., adult and subadult allowing take of swans during the two (South Dakota) have proposed to birds), and exceeded the Pacific Flyway youth waterfowl hunting days may temporarily transfer 200 tundra swan Council’s population objective of 10,000 increase swan harvest, but not in permits from South Dakota to North white swans. The Council also has an significant numbers because few swans Dakota. objective for the U.S. breeding segment are available to hunters outside of the Six individuals from Nevada and of RMP trumpeter swans. The recent swan winter migration period. Most Utah supported the Pacific Flyway’s (2018) fall count was 810 white swans, tundra and trumpeter swans migrate recommendations regarding proposed and exceeded the Council’s current through Montana, Nevada, and Utah changes to swan seasons in Nevada and population objective of 718 white from mid-October through the end of Utah. swans. The recent 3-year (2016–2018) November. Also, there is additional Service Response: Recently, we average count was 774 white swans. harvest opportunity for tundra swans supported the establishment of an The 2003 environmental assessment because the population is currently experimental tundra swan season in specified the swan season framework more than two times the Council’s Delaware beginning with the 2019–20 cannot be more liberal until the 3-year population objective. Despite these season (83 FR 47868; September 21, average number of trumpeter swans in liberalizations, adequate protection still 2018). The proposed hunting season the RMP U.S. breeding segment was ≥90 exists for trumpeter swans because followed the guidelines provided in the percent of the original (i.e., from an trumpeter swan harvest is capped at the Atlantic Flyway Council’s Eastern earlier management plan) goal of 614 quota for each State regardless of season Population Tundra Swan Hunt Plan and white swans (i.e., threshold of 553 white length, and the swan season ends in a is not expected to increase the overall swans). This threshold was exceeded in State upon reaching the trumpeter swan harvest of tundra swans. At that time, 2015, when the 3-year (2013–2015) quota in that State. we stated that the existing allowable average fall count was 563 white swans. We also agree with the Council’s harvest would be reallocated among the Gower et al. (2018) wrote a white recommendation to remove State States that hunt them. The Atlantic paper on the Pacific Flyway swan requirements to monitor and report on Flyway Council’s recommendation season. The purpose was to review data swan abundance within designated accomplishes that objective and does (status, distribution, and harvest) hunting areas. This does not affect the not affect permit allocation in any other associated with the swan season requirement that each State that allows Flyway. Thus, we agree. framework since implementation 23 swan hunting must evaluate hunter We also agree with the temporary years ago, and to consider the success of participation, species-specific swan transfer of 200 tundra swan permits the swan season framework in harvest, and hunter compliance in from South Dakota to North Dakota. The reconciling two potentially conflicting complying with State hunter original agreement between the States swan management objectives: Tundra participation and harvest monitoring was reached in 2003, and approved by swan hunting and trumpeter swan programs. Each State has monitored the Central Flyway Council in 2003, and population restoration. The data provide swan abundance during the swan recently was reaffirmed by North Dakota strong evidence the swan season hunting season since about 1995. and South Dakota. Further, the current framework in the Pacific Flyway has However, the monitoring that has been Eastern Population Tundra Swan Hunt been successful in the simultaneous done is limited to counts of swans with Plan allows the transfer of unused achievement of initial objectives for no distinction between tundra and portions or permits for temporary tundra swan hunting opportunity and trumpeter swans, and therefore has redistribution to other participating trumpeter swan population restoration. limited usefulness for informing us States. The white paper provides justification about swan population status. Further, In the Pacific Flyway, we authorized for the Pacific Flyway Council’s swan migration routes and timing of an experimental general swan hunting proposed changes to the swan season swan migration through each State are season (hereafter, swan season) within framework, particularly the increase in now well established, and both tundra the Pacific Flyway south of Alaska trumpeter swan quotas to rebalance swan and trumpeter swan populations (parts of Montana, Utah, and Nevada) in tradeoffs between potentially conflicting are monitored via cooperative State- 1995, which became operational in swan management objectives. The white Federal surveys, which are better tools 2003. We addressed impacts of the swan paper is available at https:// for assessing swan population status season in a sequence of environmental www.fws.gov/birds/surveys-and-data/ than the aforementioned surveys. assessments and findings of no reports-and-publications.php. We agree with the Council’s significant impact (1995, 2000, 2001, Regarding the Pacific Flyway recommendation to increase the 2003). Two native swan species occur in Council’s recommendations, we agree trumpeter swan quotas from 5 to 10 in the contiguous United States: Tundra with the recommendations for opening Nevada and from 10 to 20 in Utah. The swan (Cygnus columbianus) and and closing dates, season length, and swan hunting season must close in a trumpeter swan (C. buccinator). Only youth waterfowl hunting days. These State upon reaching the trumpeter swan the Western Population (WP) of tundra are all adjustments to realign the swan quota in that State regardless of the swans and Rocky Mountain Population season framework in the Pacific Flyway scheduled season closing date. The (RMP) of trumpeter swans are subjected with changes to the general duck and quotas (5 and 10 swans) have not been to harvest during the swan hunting goose season frameworks that have reached in any year since swan hunting season in the Pacific Flyway. occurred since 1995, when the swan was initiated in 1995, except that in Regarding WP tundra swans, the season framework was established. This Nevada in 2017, the 5-swan quota was recent 3-year (2016–2018) mean will allow States to simplify their reached on the last day of the swan abundance index during spring was waterfowl seasons by having one season season. Trumpeter swans have 133,340 (95 percent confidence interval for ducks, geese, and swans, and allow increased in abundance since 1995; (CI) = 83,962–182,719) swans, and youth hunters with a swan hunting however, the number allowed to be exceeded the Pacific Flyway Council’s permit to hunt swans during the Federal taken has not increased. The possibility

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of an early swan-season closure has harvest in Utah since 2000 has been 2.1 experimental season would include up increased with trumpeter swan swans per year, well below the quota. to 60 days and 1,200 harvest tags. abundance increasing at a higher rate We estimate that increasing the tundra The Central Flyway Council than tundra swan abundance. The most swan permits by 750 will result in less recommended an expansion of the areas recent abundance estimates indicate than 1 additional trumpeter swan open to Mid-continent Population RMP trumpeter swans have increased harvested per year on average. Thus, the sandhill crane hunting in South Dakota. 644 percent (1,820 to 11,721 white average trumpeter swan harvest per year The Central and Pacific Flyway swans) since 1995, and the U.S. is expected to remain well below Utah’s Councils recommended the breeding segment has increased 241 trumpeter swan quota. establishment of a new hunting area for percent (427 to 1,029 total swans). We also agree with the Council’s Rocky Mountain Population (RMP) Tundra swans have increased 126 recommendation to increase the hunting sandhill cranes in Arizona beginning percent (120,528 to 152,099) since 1995. area in Utah. This involves a small with the 2019–20 season, and that The increased quotas in Nevada and change to help clarify the hunting area allowable harvest of RMP cranes be Utah are commensurate with the change boundary through the Bear River determined based on the formula in trumpeter swan population status National Wildlife Refuge and adjacent described in the Pacific and Central since the quotas were negotiated in 1995 private lands currently along property Flyway Management Plan for RMP and 2000 (i.e., increased 200 percent). or imaginary lines that are not marked cranes. Service Response: We agree with the Also, these increases are consistent with by roads or other well-defined Mississippi Flyway Council’s an assessment of the harvest potential of geographic features or landmarks. This recommendation to establish an RMP trumpeter swans and U.S. breeding segment of the hunting area boundary experimental season in Alabama. A segment based on their observed growth will be moved to the nearest road, management plan for the Eastern rates and a conservative recovery factor which is north to State Route 83. The Population of sandhill cranes was of 0.5 considering that trumpeter swans new boundary will be more identifiable approved by the Atlantic and are of management concern but neither for hunters and law enforcement. The Mississippi Flyway Councils in 2010. endangered nor threatened (see the additional area included in the hunting The plan contained provisions and swan hunting white paper (Gower et al. area boundary is 124 square miles and guidelines for establishing hunting 2018) for more assessment details). represents an increase of 1.75 percent of seasons in the Mississippi and Atlantic Using a conservative maximum the current hunting area. The additional Flyway States if the fall population was allowable take estimate of trumpeter area is comprised of agriculture lands, above a minimum threshold of 30,000 swans in Utah and Nevada of 30 swans wetlands, and urban areas; cranes. The management plan also set combined and accounting for approximately 30 percent is swan an overall harvest objective of no more population segment composition (6.1 habitat. The swan hunting boundary than 10 percent of the 5-year average percent U.S. breeding), the expected will continue to exclude areas where peak population estimate for each State. harvest of trumpeter swans from the trumpeter swans have been consistently Alabama’s 5-year average peak U.S. breeding segment, which is of observed for the last 5 years in Utah population count is 14,104 cranes, greater concern than the Canada (northern Box Elder County, Cache setting the State’s maximum allowable breeding segment, should not exceed County, Rich County, and Daggett harvest under the plan at 1,410 birds. about 2 swans (30 × 0.061), or about 0.2 County). Alabama’s proposal for an experimental percent (2 of 1,029 total swans) of the Finally, we recognize that there are a season of 1,200 tags meets this population segment annually. number of changes that could provision. Further, Alabama’s We also agree with the Council’s cumulatively increase trumpeter swan experimental season would limit the recommendation to increase the number harvest, but we do not expect the number of crane hunters to 400 (with of hunting permits from 2,000 to 2,750 harvest to exceed the quotas established each getting 3 harvest tags). in Utah. Swan harvest will likely in Utah and Nevada. Tundra and The Council further notes that the increase with the increase in the trumpeter swan populations will management plan has the following number of swan hunting permits, but is continue to be monitored via thresholds for permit allocation among expected to be within allowable limits cooperative Federal-State surveys, and the States: and consistent with the Council’s swan States offering a swan season will • When the 3-year fall survey average management objectives. Tundra swans continue to be required to carefully is ≥30,000, maximum permit allocation are currently more than 2 times the monitor swan hunter participation and will be 10 percent of the 3-year fall Council’s population objective, and species-specific swan harvest. survey average; and trumpeter swan harvest is capped at the Thus, the Service and States are • When the 3-year fall survey average quota for each State. Since 2000, when committed to monitoring population is >60,000, the maximum permit about 2,000 swan hunting permits were abundance and harvest, and any allocation will be 12 percent of the 3- issued per year, the average estimated increase in trumpeter swan harvest or year fall survey average. harvest was 734 swans. Thus, increasing decrease in swan abundance of concern The latest fall survey 3-year average of the number of hunting permits by 750 will be reviewed and adjustments made the Eastern Population of sandhill is estimated to increase the average accordingly. cranes is 91,250 cranes, which would harvest by 275 swans (to about 1,009 allow a maximum harvest of up to 9. Sandhill Cranes swans in total). Utah issued 2,750 10,950 cranes under the current permits during 1995–2000, and at that Council Recommendations: The management plan. Currently, only time the average tundra swan harvest Mississippi Flyway Council Kentucky, Tennessee, and now Alabama was 1,444 swans per year. The number recommended that Alabama be allowed have seasons for Eastern Population of permits was reduced in 2000, to a 3-year experimental sandhill crane sandhill cranes. Including this new reduce the probability of trumpeter hunting season beginning in 2019, proposal for Alabama, the combined swan harvest. The harvest of trumpeter consistent with the guidelines in the number of harvest permits in all three swans is limited to a sustainable quota. Eastern Population of Sandhill Cranes States would allow the take of 5,424 However, the average trumpeter swan Management Plan (EP Plan). The cranes, well below the maximum

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allowable harvest. Thus, we support the and recruitment estimates, the allowable season framework with a 60-day season creation and implementation of an harvest for the 2019–20 season is 1,628 and 15-bird daily bag limit for States in experimental crane season in Alabama. cranes. the Western Management Unit. As with all experimental seasons, we Service Response: Based on the 14. Woodcock will implement a memorandum of harvest strategies and current agreement with Alabama to cover the Council Recommendations: The population status, we agree with the experimental period, which will Atlantic, Mississippi, and Central recommended selection of the describe each entities’ responsibilities Flyway Councils recommended use of ‘‘standard’’ season frameworks for doves during the experiment. the ‘‘moderate’’ season framework for in the Eastern, Central, and Western The Service agrees with the Central the 2019–20 season. Management Units for the 2019–20 Flyway Council’s proposal to modify The Mississippi Flyway Council season. the eastern boundary for Mid-continent recommended that the framework Required Determinations Population sandhill crane hunting in opening date for the Central South Dakota. Information suggests few Management Region be changed from Executive Order 13771—Reducing hunters will take advantage of this the Saturday nearest September 22 to a Regulation and Controlling Regulatory change, and any increase in harvest will fixed date of September 13. Costs be small. Service Response: In 2011, we This action is not subject to the We also agree with the implemented a harvest strategy for requirements of Executive Order (E.O.) recommendations to create a new woodcock (76 FR 19876; April 8, 2011). 13771 (82 FR 9339, February 3, 2017) hunting area for RMP cranes in Arizona. The harvest strategy provides a because it establishes annual harvest The new hunting area is consistent with transparent framework for making limits related to routine hunting or the hunting area requirements in the regulatory decisions for woodcock fishing. Pacific and Central Flyway Council’s season length and bag limits while we RMP crane management plan. work to improve monitoring and National Environmental Policy Act Regarding RMP crane harvest, as we assessment protocols for this species. (NEPA) Consideration discussed in the March 28, 2016, final Utilizing the criteria developed for the The programmatic document, rule (81 FR 17302), the current harvest strategy, the 3-year average for the ‘‘Second Final Supplemental strategy used to calculate the allowable Singing Ground Survey indices and Environmental Impact Statement: harvest of RMP cranes does not fit well associated confidence intervals fall Issuance of Annual Regulations within the new regulatory process, within the ‘‘moderate package’’ for both Permitting the Sport Hunting of similar to the brant issue discussed the Eastern and Central Management Migratory Birds (EIS 20130139),’’ filed above under 6. Brant. Results of the fall Regions. As such, a ‘‘moderate season’’ with the Environmental Protection abundance and recruitment surveys of for both management regions for the Agency (EPA) on May 24, 2013, RMP cranes, which are used in the 2019–20 season is appropriate. addresses NEPA compliance by the calculation of the annual allowable We do not support the Mississippi Service for issuance of the annual harvest, will continue to be released Flyway Council’s recommendation to framework regulations for hunting of between December 1 and January 31 change the woodcock opening migratory game bird species. We each year, which is after the date framework date to September 13. As we published a notice of availability in the proposed frameworks are formulated in stated earlier this year regarding the Federal Register on May 31, 2013 (78 the new regulatory process. If we were recommendation to change the FR 32686), and our Record of Decision to propose regulations at this point in woodcock harvest threshold for the on July 26, 2013 (78 FR 45376). We also time, data 2 to 4 years old would be liberal regulatory alternative and address NEPA compliance for waterfowl used to determine the annual allowable framework dates, we recommend that hunting frameworks through the annual harvest and State harvest allocations for the Woodcock Harvest Strategy Working preparation of separate environmental RMP cranes. We agree that relying on Group be reconvened to discuss and assessments, the most recent being data that are 2 to 4 years old is not ideal evaluate any proposed changes to the ‘‘Duck Hunting Regulations for 2019– due to the variability in fall abundance American Woodcock harvest strategy. 20,’’ with its corresponding June 2019, and recruitment for this population, and We understand that this group has finding of no significant impact. The the significance of these data in already met and started this work. programmatic document, as well as the determining the annual harvest separate environmental assessment, is allocations. Thus, we agree that the 16. Doves available on our website at https:// formula to determine the annual Council Recommendations: The www.fws.gov/birds/index.php, or from allowable harvest for RMP cranes Atlantic and Mississippi Flyway the address indicated under the caption published in the March 28, 2016, final Councils recommended use of the FOR FURTHER INFORMATION CONTACT. rule should be used under the new ‘‘standard’’ season framework regulatory schedule. comprised of a 90-day season and 15- Endangered Species Act Consideration The 2018 fall RMP sandhill crane bird daily bag limit for States within the Section 7 of the Endangered Species abundance estimate was 21,801 cranes, Eastern Management Unit. The daily bag Act of 1973, as amended (16 U.S.C. 1531 resulting in a 3-year (2016–18) average limit could be composed of mourning et seq.), provides that the Secretary shall of 21,219 cranes, about 850 birds less doves and white-winged doves, singly insure that any action authorized, than the previous 3-year average, which or in combination. funded, or carried out is not likely to was 22,062 cranes. The RMP crane The Mississippi and Central Flyway jeopardize the continued existence of recruitment estimate was 7.90 percent Councils recommended the use of the any endangered species or threatened young in the fall population, resulting ‘‘standard’’ season package of a 90-day species or result in the destruction or in a 3-year (2016–18) average of 8.22 season and 15-bird daily bag limit for adverse modification of critical habitat. percent, a decrease from the previous 3- States within the Central Management Consequently, we conducted formal year average, which was 9.37 percent. Unit. consultations to ensure that actions Using the above formula and the above The Pacific Flyway Council resulting from these regulations would most recent 3-year average abundance recommended use of the ‘‘standard’’ not likely jeopardize the continued

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existence of endangered or threatened consumer surplus across all flyways of annual migratory bird hunting seasons species or result in the destruction or $334–$440 million with a mid-point under the following OMB control adverse modification of their critical estimate of $387 million. We also chose numbers: habitat. Findings from these alternative 3 for the 2009–10 through • 1018–0019, ‘‘North American consultations are included in a 2018–19 seasons. The 2019–20 analysis Woodcock Singing Ground Survey’’ biological opinion, which concluded is part of the record for this rule and is (expires 6/30/2021). that the regulations are not likely to available at http://www.regulations.gov • 1018–0023, ‘‘Migratory Bird jeopardize the continued existence of at Docket No. FWS–HQ–MB–2018– Surveys, 50 CFR 20.20’’ (expires 8/31/ any endangered or threatened species. 0030. 2020). Includes Migratory Bird Harvest Additionally, these findings may have Information Program, Migratory Bird Regulatory Flexibility Act caused modification of some regulatory Hunter Surveys, Sandhill Crane Survey, measures previously proposed, and the The annual migratory bird hunting and Parts Collection Survey. final frameworks reflect any such regulations have a significant economic • 1018–0171, ‘‘Establishment of modifications. Our biological opinions impact on substantial numbers of small Annual Migratory Bird Hunting resulting from this section 7 entities under the Regulatory Flexibility Seasons, 50 CFR part 20’’ (expires 06/ consultation are public documents Act (5 U.S.C. 601 et seq.). We analyzed 30/2021). available for public inspection at the the economic impacts of the annual You may view the information address indicated under ADDRESSES. hunting regulations on small business collection request(s) at http:// entities in detail as part of the 1981 cost- www.reginfo.gov/public/do/PRAMain. Regulatory Planning and Review benefit analysis. This analysis was An agency may not conduct or sponsor, (Executive Orders 12866 and 13563) revised annually from 1990 through and a person is not required to respond E.O. 12866 provides that the Office of 1995. In 1995, the Service issued a to, a collection of information unless it Information and Regulatory Affairs Small Entity Flexibility Analysis displays a currently valid OMB control (OIRA) will review all significant rules. (Analysis), which was subsequently number. OIRA has reviewed this rule and has updated in 1996, 1998, 2004, 2008, determined that this rule is significant 2013, 2018, and 2019. The primary Unfunded Mandates Reform Act because it will have an annual effect of source of information about hunter We have determined and certify, in $100 million or more on the economy. expenditures for migratory game bird compliance with the requirements of the E.O. 13563 reaffirms the principles of hunting is the National Hunting and Unfunded Mandates Reform Act, 2 E.O. 12866 while calling for Fishing Survey, which is generally U.S.C. 1502 et seq., that this rulemaking improvements in the nation’s regulatory conducted at 5-year intervals. The 2019 will not impose a cost of $100 million system to promote predictability, to Analysis is based on the 2011 National or more in any given year on local or reduce uncertainty, and to use the best, Hunting and Fishing Survey and the State government or private entities. most innovative, and least burdensome U.S. Department of Commerce’s County Therefore, this rule is not a ‘‘significant tools for achieving regulatory ends. The Business Patterns, from which it was regulatory action’’ under the Unfunded executive order directs agencies to estimated that migratory bird hunters Mandates Reform Act. consider regulatory approaches that would spend approximately $1.5 billion reduce burdens and maintain flexibility at small businesses in 2019. Copies of Civil Justice Reform—Executive Order and freedom of choice for the public the analysis are available upon request 12988 where these approaches are relevant, from the Division of Migratory Bird The Department, in promulgating this feasible, and consistent with regulatory Management (see FOR FURTHER rule, has determined that this rule will objectives. E.O. 13563 emphasizes INFORMATION CONTACT) or from http:// not unduly burden the judicial system further that regulations must be based www.regulations.gov at Docket No. and that it meets the requirements of on the best available science and that FWS–HQ–MB–2018–0030. sections 3(a) and 3(b)(2) of E.O. 12988. the rulemaking process must allow for public participation and an open Small Business Regulatory Enforcement Takings Implication Assessment exchange of ideas. We have developed Fairness Act In accordance with E.O. 12630, this this rule in a manner consistent with This final rule is a major rule under rule, authorized by the Migratory Bird these requirements. 5 U.S.C. 804(2), the Small Business Treaty Act, does not have significant An economic analysis was prepared Regulatory Enforcement Fairness Act. takings implications and does not affect for the 2019–20 season. This analysis For the reasons outlined above, this rule any constitutionally protected property was based on data from the 2011 will have an annual effect on the rights. This rule will not result in the National Hunting and Fishing Survey, economy of $100 million or more. physical occupancy of property, the the most recent year for which data are However, because this rule establishes physical invasion of property, or the available (see discussion under frameworks for hunting seasons, we do regulatory taking of any property. In Regulatory Flexibility Act, below). This not plan to defer the effective date fact, this rule will allow hunters to analysis estimated consumer surplus for under the exemption contained in 5 exercise otherwise unavailable three alternatives for duck hunting U.S.C. 808(1). privileges and, therefore, reduce (estimates for other species are not restrictions on the use of private and Paperwork Reduction Act quantified due to lack of data). The public property. alternatives are (1) issue restrictive This rule does not contain any new regulations allowing fewer days than collection of information that requires Energy Effects—Executive Order 13211 those issued during the 2018–19 season, approval by the Office of Management E.O. 13211 requires agencies to (2) issue moderate regulations allowing and Budget (OMB) under the Paperwork prepare Statements of Energy Effects more days than those in alternative 1, Reduction Act of 1995 (44 U.S.C. 3501 when undertaking certain actions. and (3) issue liberal regulations et seq.). OMB has previously approved While this rule is a significant identical to the regulations in the 2018– the information collection requirements regulatory action under E.O. 12866, it is 19 season. For the 2019–20 season, we associated with migratory bird surveys not expected to adversely affect energy chose Alternative 3, with an estimated and the procedures for establishing supplies, distribution, or use. Therefore,

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this action is not a significant energy established what we concluded were the Dated: July 1, 2019. action and no Statement of Energy longest periods possible for public Karen Budd-Falen, Effects is required. comment and the most opportunities for Deputy Solicitor for Parks and Wildlife, Government-to-Government public involvement. We also provided Exercising the Authority of the Assistant Relationship With Tribes notification of our participation in Secretary for Fish and Wildlife and Parks. multiple Flyway Council meetings, In accordance with the President’s Final Regulations Frameworks for opportunities for additional public memorandum of April 29, 1994, 2019–20 Hunting Seasons on Certain review and comment on all Flyway ‘‘Government-to-Government Relations Migratory Game Birds with Native American Tribal Council proposals for regulatory change, Governments’’ (59 FR 22951), E.O. and opportunities for additional public Pursuant to the Migratory Bird Treaty 13175, and 512 DM 2, we have review during the SRC meeting. Act and delegated authorities, the evaluated possible effects on Federally Therefore, sufficient public notice and Department of the Interior approved the recognized Indian tribes and have opportunity for involvement have been following frameworks for season determined that there are no effects on given to affected persons regarding the lengths, shooting hours, bag and Indian trust resources. We have migratory bird hunting frameworks for possession limits, and outside dates consulted with Tribes affected by this the 2019–20 hunting seasons. Further, within which States may select seasons rule. after establishment of the final for hunting migratory game birds frameworks, States need sufficient time Federalism Effects between the dates of September 1, 2019, to conduct their own public processes to and March 10, 2020. These frameworks Due to the migratory nature of certain select season dates and limits; to are summarized below. species of birds, the Federal communicate those selections to us; and General Government has been given to establish and publicize the necessary responsibility over these species by the regulations and procedures to Migratory Bird Treaty Act. We annually Dates: All outside dates noted below implement their decisions. Thus, if prescribe frameworks from which the are inclusive. there were a delay in the effective date States make selections regarding the Shooting and Hawking (taking by hunting of migratory birds, and we of these regulations after this final falconry) Hours: Unless otherwise employ guidelines to establish special rulemaking, States might not be able to specified, from one-half hour before regulations on Federal Indian meet their own administrative needs sunrise to sunset daily. and requirements. reservations and ceded lands. This Possession Limits: Unless otherwise process preserves the ability of the For the reasons cited above, we find specified, possession limits are three States and tribes to determine which that ‘‘good cause’’ exists, within the times the daily bag limit. seasons meet their individual needs. terms of 5 U.S.C. 553(d)(3) of the Any State or Indian tribe may be more Administrative Procedure Act, and Permits: For some species of restrictive than the Federal frameworks these frameworks will take effect migratory birds, the Service authorizes at any time. The frameworks are immediately upon publication. the use of permits to regulate harvest or developed in a cooperative process with monitor their take by hunters, or both. the States and the Flyway Councils. Therefore, under authority of the In these cases, the Service determines This process allows States to participate Migratory Bird Treaty Act (July 3, 1918), the amount of harvest that may be taken in the development of frameworks from as amended (16 U.S.C. 703–711), we during hunting seasons during its which they will make selections, prescribe final frameworks setting forth formal regulations-setting process, and thereby having an influence on their the species to be hunted, the daily bag the States then issue permits to hunters own regulations. These rules do not and possession limits, the shooting at levels predicted to result in the have a substantial direct effect on fiscal hours, the season lengths, the earliest amount of take authorized by the capacity, change the roles or opening and latest closing season dates, Service. Thus, although issued by responsibilities of Federal or State and hunting areas, from which State States, the permits would not be valid governments, or intrude on State policy conservation agency officials will select unless the Service approved such take or administration. Therefore, in hunting season dates and other options. in its regulations. accordance with E.O. 13132, these Upon receipt of season selections from These Federally authorized, State- regulations do not have significant these officials, we will publish a final issued permits are issued to individuals, federalism effects and do not have rulemaking amending 50 CFR part 20 to and only the individual whose name sufficient federalism implications to reflect seasons, limits, and shooting and address appears on the permit at the warrant the preparation of a federalism hours for the United States for the 2019– time of issuance is authorized to take summary impact statement. 20 seasons. The rules that eventually migratory birds at levels specified in the Regulations Promulgation will be promulgated for the 2019–20 permit, in accordance with provisions of hunting season are authorized under 16 The rulemaking process for migratory both Federal and State regulations U.S.C. 703–712 and 742a–j. game bird hunting, by its nature, governing the hunting season. The operates under a time constraint as List of Subjects in 50 CFR Part 20 permit must be carried by the permittee seasons must be established each year or when exercising its provisions and must hunting seasons remain closed. Exports, Hunting, Imports, Reporting be presented to any law enforcement However, we intend that the public be and recordkeeping requirements, officer upon request. The permit is not provided extensive opportunity for Transportation, Wildlife. transferrable or assignable to another public input and involvement in individual, and may not be sold, compliance with Administrative bartered, traded, or otherwise provided Procedure Act requirements. Thus, to another person. If the permit is when the preliminary proposed altered or defaced in any way, the rulemaking was published, we permit becomes invalid.

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Flyways and Management Units Central Management Region: gallinules and would be the same as Alabama, Arkansas, Illinois, Indiana, those allowed in the regular season. Waterfowl Flyways Iowa, Kansas, Kentucky, Louisiana, Flyway species and area restrictions Atlantic Flyway: Includes Michigan, Minnesota, Mississippi, would remain in effect. Connecticut, Delaware, Florida, Georgia, Missouri, Nebraska, North Dakota, Ohio, Shooting Hours: One-half hour before Maine, Maryland, Massachusetts, New Oklahoma, South Dakota, Tennessee, sunrise to sunset. Hampshire, New Jersey, New York, Texas, and Wisconsin. Participation Restrictions for Youth North Carolina, Pennsylvania, Rhode Other geographic descriptions are Waterfowl Hunting Days: States may use Island, South Carolina, Vermont, contained in a later portion of this their established definition of age for Virginia, and West Virginia. document. youth hunters. However, youth hunters Mississippi Flyway: Includes must be under the age of 18. In addition, Alabama, Arkansas, Illinois, Indiana, Definitions an adult at least 18 years of age must Iowa, Kentucky, Louisiana, Michigan, For the purpose of the hunting accompany the youth hunter into the Minnesota, Mississippi, Missouri, Ohio, regulations listed below, the collective field. This adult may not duck hunt but Tennessee, and Wisconsin. terms ‘‘dark’’ and ‘‘light’’ geese include may participate in other seasons that are Central Flyway: Includes Colorado the following species: open on the special youth day. Youth (east of the Continental Divide), Kansas, Dark geese: Canada geese (including hunters 16 years of age and older must Montana (Counties of Blaine, Carbon, cackling geese [Branta hutchinsii]), possess a Federal Migratory Bird Fergus, Judith Basin, Stillwater, white-fronted geese, brant (except in Hunting and Conservation Stamp (also Sweetgrass, Wheatland, and all counties Alaska, California, Oregon, Washington, known as Federal Duck Stamp). Swans east thereof), Nebraska, New Mexico and the Atlantic Flyway), and all other may only be taken by participants (east of the Continental Divide except goose species except light geese. possessing applicable swan permits. the Jicarilla Apache Indian Reservation), Light geese: Snow (including blue) Participation Restrictions for Veterans North Dakota, Oklahoma, South Dakota, geese and Ross’s geese. and Active Military Personnel Waterfowl Texas, and Wyoming (east of the Area, Zone, and Unit Descriptions: Hunting Days: Veterans (as defined in Continental Divide). Geographic descriptions related to section 101 of title 38, United States Pacific Flyway: Includes Alaska, regulations are contained in a later Code) and members of the Armed Arizona, California, Idaho, Nevada, portion of this document. Forces on active duty, including Oregon, Utah, Washington, and those Area-Specific Provisions: Frameworks members of the National Guard and portions of Colorado, Montana, New for open seasons, season lengths, bag Reserves on active duty (other than for Mexico, and Wyoming not included in and possession limits, and other special training), may participate. All hunters the Central Flyway. provisions are listed below by Flyway. must possess a Federal Migratory Bird Duck Management Units Migratory Game Bird Seasons in the Hunting and Conservation Stamp (also Atlantic Flyway known as Federal Duck Stamp). Swans High Plains Mallard Management may only be taken by participants Unit: Roughly defined as that portion of In the Atlantic Flyway States of possessing applicable swan permits. the Central Flyway that lies west of the Connecticut, Delaware, Maine, 100th meridian. See Area, Unit, and Maryland, Massachusetts, New Jersey, Special September Teal Season Zone Descriptions, Ducks (Including North Carolina, and Pennsylvania, Outside Dates: Between September 1 Mergansers) and Coots for specific where Sunday hunting is prohibited and September 30, an open season on boundaries in each State. Statewide by State law, all Sundays are all species of teal may be selected by the Columbia Basin Mallard Management closed to the take of all migratory game following States in areas delineated by Unit: In Washington, all areas east of the birds. State regulations: Pacific Crest Trail and east of the Big Special Youth, Veteran, and Active Atlantic Flyway: Delaware, Florida, White Salmon River in Klickitat County; Military Personnel Waterfowl Hunting Georgia, Maryland, North Carolina, and in Oregon, the counties of Gilliam, Days South Carolina, and Virginia. Morrow, and Umatilla. Mississippi Flyway: Alabama, Outside Dates: States may select 2 Arkansas, Illinois, Indiana, Iowa, Mourning Dove Management Units days per duck-hunting zone, designated Kentucky, Louisiana, Michigan, Eastern Management Unit: All States as ‘‘Youth Waterfowl Hunting Days,’’ Mississippi, Missouri, Ohio, Tennessee, east of the Mississippi River, and and 2 days per duck-hunting zone, and Wisconsin. Louisiana. designated as ‘‘Veterans and Active Central Flyway: Colorado (part), Central Management Unit: Arkansas, Military Personnel Waterfowl Hunting Kansas, Nebraska, New Mexico (part), Colorado, Iowa, Kansas, Minnesota, Days,’’ in addition to their regular duck Oklahoma, and Texas. Missouri, Montana, Nebraska, New seasons. The days may be held Hunting Seasons and Daily Bag Mexico, North Dakota, Oklahoma, South concurrently. The Youth Waterfowl Limits: Not to exceed 16 consecutive Dakota, Texas, and Wyoming. Hunting Days must be held outside any hunting days in the Atlantic, Western Management Unit: Arizona, regular duck season on weekends, Mississippi, and Central Flyways. The California, Idaho, Nevada, Oregon, Utah, holidays, or other non-school days daily bag limit is 6 teal. and Washington. when youth hunters would have the maximum opportunity to participate. Shooting Hours Woodcock Management Regions Both sets of days may be held up to 14 Atlantic Flyway: One-half hour before Eastern Management Region: days before or after any regular duck- sunrise to sunset, except in South Connecticut, Delaware, Florida, Georgia, season frameworks or within any split Carolina, where the hours are from Maine, Maryland, Massachusetts, New of a regular duck season, or within any sunrise to sunset. Hampshire, New Jersey, New York, other open season on migratory birds. Mississippi and Central Flyways: One- North Carolina, Pennsylvania, Rhode Daily Bag Limits: The daily bag limits half hour before sunrise to sunset, Island, South Carolina, Vermont, may include ducks, geese, swans, except in the States of Arkansas, Virginia, and West Virginia. mergansers, coots, moorhens, and Illinois, Indiana, Iowa, Michigan,

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Minnesota, Missouri, Ohio, and Scoters, Eiders, and Long-Tailed Ducks sea duck hunting areas under the Wisconsin, where the hours are from Special Sea Duck Seasons hunting regulations adopted by the sunrise to sunset. respective States. Connecticut, Delaware, Georgia, Special September Duck Seasons Maine, Maryland, Massachusetts, New Canada Geese Florida, Kentucky, and Tennessee: In Hampshire, New Jersey, New York, Special Early Canada Goose Seasons lieu of a special September teal season, North Carolina, Rhode Island, South Carolina, and Virginia may select a A Canada goose season of up to 15 a 5-consecutive-day teal/wood duck days during September 1–15 may be season may be selected in September. Special Sea Duck Season in designated Special Sea Duck Areas. If a Special Sea selected for the Eastern Unit of The daily bag limit may not exceed 6 Maryland. Seasons not to exceed 30 teal and wood ducks in the aggregate, of Duck Season is selected, scoters, eiders, and long-tailed ducks may be taken in days during September 1–30 may be which no more than 2 may be wood selected for Connecticut, Florida, ducks. In addition, a 4-consecutive-day the designated Special Sea Duck Area(s) only during the Special Sea Duck Georgia, New Jersey, New York (Long teal-only season may be selected in Island Zone only), North Carolina, September either immediately before or Season dates; scoters, eiders, and long- tailed ducks may be taken outside of Rhode Island, and South Carolina. immediately after the 5-consecutive-day Seasons may not exceed 25 days during teal/wood duck season. The daily bag Special Sea Duck Area(s) during the regular duck season, in accordance with September 1–25 in the remainder of the limit is 6 teal. The teal-only season in Flyway. Areas open to the hunting of Florida is experimental. the frameworks for ducks, mergansers, and coots specified above. Canada geese must be described, Waterfowl Outside Dates: Between September 15 delineated, and designated as such in and January 31. each State’s hunting regulations. Atlantic Flyway Special Sea Duck Seasons and Daily Daily Bag Limits: Not to exceed 15 Ducks, Mergansers, and Coots Bag Limits: 60 consecutive hunting Canada geese. days, or 60 days that are concurrent Outside Dates: Between the Saturday Shooting Hours: One-half hour before with the regular duck season, with a nearest September 24 (September 21) sunrise to sunset, except that during any daily bag limit of 5, of the listed sea and January 31. special early Canada goose season, duck species, including no more than 4 shooting hours may extend to one-half Hunting Seasons and Duck Limits: 60 scoters, 4 eiders, and 4 long-tailed hour after sunset if all other waterfowl days. The daily bag limit is 6 ducks, ducks. Within the special sea duck seasons are closed in the specific including no more than 2 mallards (no areas, during the regular duck season in applicable area. more than 1 of which can be female), 2 the Atlantic Flyway, States may choose black ducks, 1 pintail, 1 mottled duck, to allow the above sea duck limits in Regular Canada Goose Seasons 1 fulvous whistling duck, 3 wood ducks, addition to the limits applying to other Season Lengths, Outside Dates, and 2 redheads, 2 scaup, 2 canvasbacks, 4 ducks during the regular season. In all Limits: Specific regulations for Canada scoters, 4 eiders, and 4 long-tailed other areas, sea ducks may be taken only geese are shown below by State. These ducks. during the regular open season for seasons may also include white-fronted Closures: The season on harlequin ducks and are part of the regular duck geese in an aggregate daily bag limit. ducks is closed. season daily bag (not to exceed 4 Unless specified otherwise, seasons may Merganser Limits: The daily bag limit scoters, 4 eiders, and 4 long-tailed be split into two segments. of mergansers is 5, only 2 of which may ducks) and possession limits. be hooded mergansers. In States that Special Sea Duck Areas: In all coastal Connecticut include mergansers in the duck bag waters and all waters of rivers and North Atlantic Population (NAP) limit, the daily limit is the same as the streams seaward from the first upstream Zone: Between October 1 and January duck bag limit, only 2 of which may be bridge in Maine, New Hampshire, 31, a 60-day season may be held with hooded mergansers. Massachusetts, Rhode Island, a 2-bird daily bag limit. Coot Limits: The daily bag limit is 15 Connecticut, and New York; in New Atlantic Population (AP) Zone: A 30- coots. Jersey, all coastal waters seaward from day season may be held between Lake Champlain Zone, New York: The the International Regulations for October 10 and February 5, with a 2- waterfowl seasons, limits, and shooting Preventing Collisions at Sea (COLREGS) bird daily bag limit. hours should be the same as those Demarcation Lines shown on National South Zone: A special season may be selected for the Lake Champlain Zone of Oceanic and Atmospheric held between January 15 and February Vermont. Administration (NOAA) Nautical Charts 15, with a 5-bird daily bag limit. Connecticut River Zone, Vermont: and further described in 33 CFR 80.165, Resident Population (RP) Zone: An The waterfowl seasons, limits, and 80.501, 80.502, and 80.503; in any 80-day season may be held between shooting hours should be the same as waters of the Atlantic Ocean and in any October 1 and February 15, with a 5- those selected for the Inland Zone of tidal waters of any bay that are bird daily bag limit. The season may be New Hampshire. separated by at least 1 mile of open split into 3 segments. Zoning and Split Seasons: Delaware, water from any shore, island, and Florida, Georgia, Maryland, North emergent vegetation in South Carolina Delaware Carolina, Rhode Island, South Carolina, and Georgia; and in any waters of the A 30-day season may be held between Virginia, and West Virginia may split Atlantic Ocean and in any tidal waters November 15 and February 5, with a 1- their seasons into 3 segments; of any bay that are separated by at least bird daily bag limit. Connecticut, Maine, Massachusetts, 800 yards of open water from any shore, New Hampshire, New Jersey, New York, island, and emergent vegetation in Florida Pennsylvania, and Vermont may select Delaware, Maryland, North Carolina, An 80-day season may be held hunting seasons by zones and may split and Virginia; and provided that any between October 1 and March 10, with their seasons into two segments in each such areas have been described, a 5-bird daily bag limit. The season may zone. delineated, and designated as special be split into 3 segments.

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Georgia Western Long Island RP Zone: A 107- be held between January 15 and An 80-day season may be held day season may be held between the February 15, with a 5-bird daily bag between October 1 and March 10, with Saturday nearest September 24 limit. a 5-bird daily bag limit. The season may (September 21) and the last day of AP Zone: A 30-day season may be be split into 3 segments. February, with an 8-bird daily bag limit. held between November 15 and The season may be split into 3 February 5, with a 1-bird daily bag limit. Maine segments. RP Zone: An 80-day season may be North and South NAP–H Zones: A 60- Rest of State RP Zone: An 80-day held between November 15 and March day season may be held between season may be held between the fourth 10, with a 5-bird daily bag limit. The October 1 and January 31, with a 2-bird Saturday in October (October 26) and season may be split into 3 segments. daily bag limit. the last day of February, with a 5-bird West Virginia Coastal NAP–L Zone: A 70-day season daily bag limit. The season may be split An 80-day season may be held may be held between October 1 and into 3 segments. between October 1 and March 10, with February 15, with a 3-bird daily bag North Carolina a 5-bird daily bag limit. The season may limit. RP Zone: An 80-day season may be be split into 3 segments in each zone. Maryland held between October 1 and March 10, Light Geese RP Zone: An 80-day season may be with a 5-bird daily bag limit. The season Season Lengths, Outside Dates, and held between November 15 and March may be split into 3 segments. Limits: States may select a 107-day 10, with a 5-bird daily bag limit. The Northeast Hunt Unit: A 14-day season season between October 1 and March season may be split into 3 segments. may be held between the Saturday prior AP Zone: A 30-day season may be to December 25 (December 21) and 10, with a 25-bird daily bag limit and no held between November 15 and January 31, with a 1-bird daily bag limit. possession limit. States may split their seasons into 3 segments. February 5, with a 1-bird daily bag limit. Pennsylvania Brant Massachusetts SJBP Zone: A 78-day season may be Season Lengths, Outside Dates, and NAP Zone: A 60-day season may be held between the first Saturday in Limits: States may select a 30–day held between October 1 and January 31, October (October 5) and February 15, season between the Saturday nearest with a 2-bird daily bag limit. with a 3-bird daily bag limit. September 24 (September 21) and Additionally, a special season may be RP Zone: An 80-day season may be January 31, with a 2-bird daily bag limit. held from January 15 to February 15, held between the fourth Saturday in States may split their seasons into two with a 5-bird daily bag limit. October (October 26) and March 10, AP Zone: A 30-day season may be with a 5-bird daily bag limit. The season segments. held between October 10 and February may be split into 3 segments. Mississippi Flyway 5, with a 2-bird daily bag limit. AP Zone: A 30-day season may be held between the fourth Saturday in Ducks, Mergansers, and Coots New Hampshire October (October 26) and February 5, Outside Dates: Between the Saturday A 60-day season may be held with a 2-bird daily bag limit. nearest September 24 (September 21) Statewide between October 1 and and January 31. January 31 with a 2-bird daily bag limit. Rhode Island Hunting Seasons and Duck Limits: A 60-day season may be held between The season may not exceed 60 days, New Jersey October 1 and January 31, with a 2-bird with a daily bag limit of 6 ducks, AP Zone: A 30-day season may be daily bag limit. A special late season including no more than 4 mallards (no held between the fourth Saturday in may be held in designated areas from more than 2 of which may be females), October (October 26) and February 5, January 15 to February 15, with a 5-bird 1 mottled duck, 2 black ducks, 1 pintail, with a 2-bird daily bag limit. daily bag limit. 3 wood ducks, 2 canvasbacks, 3 scaup, NAP Zone: A 60-day season may be and 2 redheads. held between October 1 and January 31, South Carolina Merganser Limits: The daily bag limit with a 2-bird daily bag limit. In designated areas, an 80-day season is 5, only 2 of which may be hooded Special Late Goose Season Area: A may be held between October 1 and mergansers. In States that include special season may be held in March 10, with a 5-bird daily bag limit. mergansers in the duck bag limit, the designated areas of North and South The season may be split into 3 daily limit is the same as the duck bag New Jersey from January 15 to February segments. limit, only 2 of which may be hooded 15, with a 5-bird daily bag limit. mergansers. Vermont Coot Limits: The daily bag limit is 15 New York Lake Champlain Zone and Interior coots. NAP Zone: Between October 1 and Zone: A 30-day season may be held Zoning and Split Seasons: Illinois, January 31, a 60-day season may be between October 10 and February 5, Indiana, Iowa, Kentucky, Louisiana, held, with a 2-bird daily bag limit in the with a 2-bird daily bag limit. Michigan, Minnesota, Missouri, Ohio, High Harvest areas; and between Connecticut River Zone: A 60-day Tennessee, and Wisconsin may select October 1 and February 15, a 70-day season may be held between October 1 hunting seasons by zones. season may be held, with a 3-bird daily and January 31, with a 2-bird daily bag In Indiana, Iowa, Kentucky, bag limit in the Low Harvest areas. limit. Louisiana, Michigan, Minnesota, AP Zone: A 30-day season may be Missouri, Ohio, Tennessee, and held between the fourth Saturday in Virginia Wisconsin, the season may be split into October (October 26), except in the Lake SJBP Zone: A 40-day season may be two segments in each zone. Champlain Area where the opening date held between November 15 and January In Alabama, Arkansas, and is October 10, through February 5, with 14, with a 3-bird daily bag limit. Mississippi, the season may be split into a 2-bird daily bag limit. Additionally, a special late season may 3 segments.

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Geese of which may be females), 3 scaup, 2 Regular Goose Seasons redheads, 3 wood ducks, 1 pintail, and Season Lengths, Outside Dates, and Split Seasons: Seasons for geese may 2 canvasbacks. In Texas, the daily bag Limits be split into 3 segments. Three-way split limit on mottled ducks is 1, except that seasons for Canada geese require Central Canada Geese: States may select no mottled ducks may be taken during Flyway Council and U.S. Fish and seasons for Canada geese not to exceed the first 5 days of the season. In addition Wildlife Service approval, and a 3-year 107 days with a 5-bird daily bag limit to the daily limits listed above, the evaluation by each participating State. during September 1–30, and a 3-bird States of Montana, North Dakota, South daily bag limit for the remainder of the Dakota, and Wyoming, in lieu of Outside Dates: For dark geese, seasons season. Seasons may be held between selecting an experimental September may be selected between the outside September 1 and February 15, and may teal season, may include an additional dates of the Saturday nearest September be split into 4 segments. daily bag and possession limit of 2 and 24 (September 21) and the Sunday White-fronted Geese and Brant: 6 blue-winged teal, respectively, during nearest February 15 (February 16). For Arkansas, Illinois, Louisiana, Kentucky, the first 16 days of the regular duck light geese, outside dates for seasons Missouri, Mississippi, and Tennessee season in each respective duck hunting may be selected between the Saturday may select a season for white-fronted zone. These extra limits are in addition nearest September 24 (September 21) geese not to exceed 74 days with 3 geese to the regular duck bag and possession and March 10. In the Rainwater Basin daily, or 88 days with 2 geese daily, or limits. Light Goose Area (East and West) of 107 days with 1 goose daily between Merganser Limits: The daily bag limit Nebraska, temporal and spatial September 1 and February 15; Alabama, is 5 mergansers, only 2 of which may be restrictions that are consistent with the Iowa, Indiana, Michigan, Minnesota, hooded mergansers. In States that late-winter snow goose hunting strategy Ohio, and Wisconsin may select a include mergansers in the duck daily cooperatively developed by the Central season for white-fronted geese not to bag limit, the daily limit may be the Flyway Council and the Service are exceed 107 days with 5 geese daily, in same as the duck bag limit, only two of required. aggregate with dark geese between which may be hooded mergansers. Season Lengths and Limits September 1 and February 15. States Coot Limits: The daily bag limit is 15 may select a season for brant not to coots. Light Geese: States may select a light exceed 70 days with 2 brant daily, or Zoning and Split Seasons: Colorado, goose season not to exceed 107 days. 107 days with 1 brant daily with outside Kansas (Low Plains portion), Montana, The daily bag limit for light geese is 50 dates the same as for Canada geese; Nebraska, New Mexico, Oklahoma (Low with no possession limit. alternately, States may include brant in Plains portion), South Dakota (Low Dark Geese: In Kansas, Nebraska, an aggregate goose bag limit with either Plains portion), Texas (Low Plains North Dakota, Oklahoma, South Dakota, Canada geese, white-fronted geese, or portion), and Wyoming may select and the Eastern Goose Zone of Texas, dark geese. hunting seasons by zones. States may select a season for Canada Light Geese: States may select seasons In Colorado, Kansas, Montana, New geese (or any other dark goose species for light geese not to exceed 107 days, Mexico, North Dakota, Oklahoma, South except white-fronted geese) not to with 20 geese daily between September Dakota, Texas, and Wyoming, the exceed 107 days with a daily bag limit 1 and February 15. There is no regular season may be split into two of 8. For white-fronted geese, these possession limit for light geese. segments. States may select either a season of 74 Shooting Hours: One-half hour before Geese days with a bag limit of 3, or an 88-day sunrise to sunset, except that during season with a bag limit of 2, or a season September 1–15 shooting hours may Special Early Canada Goose Seasons: of 107 days with a bag limit of 1. extend to one-half hour after sunset for In Kansas, Nebraska, Oklahoma, South In Colorado, Montana, New Mexico, Canada geese if all other waterfowl and Dakota, and Texas, Canada goose and Wyoming, States may select seasons crane seasons are closed in the specific seasons of up to 30 days during not to exceed 107 days. The daily bag applicable area. September 1–30 may be selected. In limit for dark geese is 5 in the aggregate. Colorado, New Mexico, Montana, and Split Seasons: Seasons for geese may In the Western Goose Zone of Texas, Wyoming, Canada goose seasons of up be split into four segments unless the season may not exceed 95 days. The to 15 days during September 1–15 may otherwise indicated. daily bag limit for Canada geese (or any be selected. In North Dakota, Canada other dark goose species except white- Central Flyway goose seasons of up to 22 days during fronted geese) is 5. The daily bag limit Ducks, Mergansers, and Coots September 1–22 may be selected. The for white-fronted geese is 2. Outside Dates: Between the Saturday daily bag limit may not exceed 5 Canada nearest September 24 (September 21) geese, except in Kansas, Nebraska, and Pacific Flyway and January 31. Oklahoma, where the daily bag limit Ducks, Mergansers, and Coots may not exceed 8 Canada geese, and in Hunting Seasons North Dakota and South Dakota, where Outside Dates: Between the Saturday High Plains Mallard Management the daily bag limit may not exceed 15 nearest September 24 (September 21) Unit (roughly defined as that portion of Canada geese. Areas open to the hunting and January 31. the Central Flyway that lies west of the of Canada geese must be described, Hunting Seasons and Duck and 100th meridian): 97 days. The last 23 delineated, and designated as such in Merganser Limits: 107 days. The daily days must run consecutively and may each State’s hunting regulations. bag limit is 7 ducks and mergansers, start no earlier than the Saturday nearest Shooting Hours: One-half hour before including no more than 2 female December 10 (December 7). sunrise to sunset, except that during mallards, 1 pintail, 2 canvasbacks, 3 Remainder of the Central Flyway: 74 September 1–15 shooting hours may scaup, and 2 redheads. For scaup, the days. extend to one-half hour after sunset if season length is 86 days, which may be Duck Limits: The daily bag limit is 6 all other waterfowl and crane seasons split according to applicable zones and ducks, with species and sex restrictions are closed in the specific applicable split duck hunting configurations as follows: 5 mallards (no more than 2 area. approved for each State.

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Coot, Common Moorhen, and Purple into up to 3 segments. Three-way split Areas 2 Inland and 2 Coastal Gallinule Limits: The daily bag limit of seasons for Canada geese and white- (Southwest Permit Zone): A Canada coots, common moorhens, and purple fronted geese require Pacific Flyway goose season may be selected with gallinules is 25, singly or in the Council and U.S. Fish and Wildlife outside dates between the Saturday aggregate. Service approval and a 3-year nearest September 24 (September 21) Zoning and Split Seasons: Arizona, evaluation by each participating State. and March 10. Goose seasons may be California, Colorado, Idaho, Nevada, split into 3 segments. California Oregon, Utah, Washington, and Area 4: Goose seasons may be split Wyoming may select hunting seasons by The daily bag limit for Canada geese into 3 segments. zones and may split their seasons into is 10. Permit Zones 2 segments. Balance of State Zone: A Canada Montana and New Mexico may split goose season may be selected with In Oregon and Washington permit their seasons into 3 segments. outside dates between the Saturday zones, the hunting season is closed on Colorado River Zone, California: nearest September 24 (September 21) dusky Canada geese. A dusky Canada Seasons and limits should be the same and March 10. In the Sacramento Valley goose is any dark-breasted Canada goose as seasons and limits selected in the Special Management Area, the season (Munsell 10 YR color value 5 or less) adjacent portion of Arizona (South on white-fronted geese must end on or with a bill length between 40 and 50 Zone). before December 28, and the daily bag millimeters. Hunting of geese will only be by hunters possessing a State-issued Geese limit is 3 white-fronted geese. In the North Coast Special Management Area, permit authorizing them to do so. Special Early Canada Goose Seasons hunting days that occur after the last Shooting hours for geese may begin no A Canada goose season of up to 15 Sunday in January (January 26) should earlier than sunrise. Regular Canada days during September 1–20 may be be concurrent with Oregon’s South goose seasons in the permit zones of selected. The daily bag limit may not Coast Zone. Oregon and Washington remain subject exceed 5 Canada geese, except in Pacific Northeastern Zone: The white-fronted to the Memorandum of Understanding County, Washington, where the daily goose season may be split into 3 entered into with the Service regarding bag limit may not exceed 15 Canada segments. monitoring the impacts of take during geese. Areas open to hunting of Canada the regular Canada goose season on the Oregon geese in each State must be described, dusky Canada goose population. delineated, and designated as such in The daily bag limit for light geese is Swans each State’s hunting regulations. 6 on or before the last Sunday in In portions of the Pacific Flyway January (January 26). Regular Goose Seasons (Montana, Nevada, and Utah), an open Harney and Lake County Zone: For season for taking a limited number of Season Lengths, Outside Dates, and Lake County only, the daily white- Limits swans may be selected. These seasons fronted goose bag limit is 1. are also subject to the following Canada Geese and Brant: Except as Northwest Permit Zone: A Canada conditions: subsequently noted, 107-day seasons goose season may be selected with Outside Dates: Between the Saturday may be selected with outside dates outside dates between the Saturday nearest September 24 (September 21) between the Saturday nearest September nearest September 24 (September 21) and January 31. 24 (September 21) and the last Sunday and March 10. Goose seasons may be Hunting Seasons: Seasons may not in January (January 26). In Arizona, split into 3 segments. The daily bag exceed 107 days. Colorado, Idaho, Montana, Nevada, New limits of Canada geese and light geese Permits: Swan hunting is by permit Mexico, Utah, and Wyoming, the daily are 6 each. In the Tillamook County only. Permits will be issued by the State bag limit is 4 Canada geese and brant in Management Area, the hunting season is and will authorize each permittee to the aggregate. In California, Oregon, and closed on geese. take no more than 1 swan per season Washington, the daily bag limit is 4 South Coast Zone: A Canada goose with each permit. Only 1 permit may be Canada geese. For brant, in California, season may be selected with outside issued per hunter in Montana and Utah, Oregon and Washington, a 37-day dates between the Saturday nearest 2 permits may be issued per hunter in season may be selected. Days must be September 24 (September 21) and Nevada. The total number of permits consecutive. Washington and California March 10. The daily bag limit of Canada issued may not exceed 500 in Montana, may select hunting seasons for up to 2 geese is 6. Hunting days that occur after 2,750 in Utah, and 650 in Nevada. zones. The daily bag limit is 2 brant and the last Sunday in January (January 26) Quotas: The swan season in the is in addition to other goose limits. In should be concurrent with California’s respective State must end upon Oregon and California, the brant season North Coast Special Management Area. attainment of the following reported must end no later than December 15. Goose seasons may be split into 3 harvest of trumpeter swans: 20 in Utah White-fronted Geese: Except as segments. and 10 in Nevada. There is no quota in subsequently noted, 107-day seasons Montana. Utah may be selected with outside dates Monitoring: Each State must evaluate between the Saturday nearest September A Canada goose and brant season may hunter participation, species-specific 24 (September 21) and March 10. The be selected in the Wasatch Front Zone swan harvest, and hunter compliance in daily bag limit is 10. with outside dates between the Saturday providing either species-determinant Light Geese: Except as subsequently nearest September 24 (September 21) parts (at least the intact head) or bill noted, 107-day seasons may be selected and the first Sunday in February measurements (bill length from tip to with outside dates between the Saturday (February 2). posterior edge of the nares opening, and nearest September 24 (September 21) presence or absence of yellow lore spots Washington and March 10. The daily bag limit is 20. on the bill in front of the eyes) of Split Seasons: Unless otherwise The daily bag limit for light geese is harvested swans for species specified, seasons for geese may be split 6. identification. Each State should use

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appropriate measures to maximize In the Central Flyway Special Seasons in the Central and hunter compliance with the State’s —The season may be 107 days, between Pacific Flyways program for swan harvest reporting. the Saturday nearest October 1 Arizona, Colorado, Idaho, Montana, Each State must achieve a hunter (September 28) and January 31. New Mexico, Utah, and Wyoming may compliance of at least 80 percent in —In the Central Flyway portion of select seasons for hunting sandhill providing species-determinant parts or Montana, no more than 625 permits cranes within the range of the Rocky bill measurements of harvested swans may be issued. Mountain Population (RMP) of sandhill for species identification or subsequent —In North Dakota, no more than 2,700 cranes subject to the following permits will be reduced by 10 percent permits may be issued. conditions: in the respective State. Each State must —In South Dakota, no more than 1,675 Outside Dates: Between September 1 provide to the Service by June 30 permits may be issued. and January 31. following the swan season a report Sandhill Cranes Hunting Seasons: The season in any detailing hunter participation, species- State or zone may not exceed 60 days, specific swan harvest, and hunter Regular Seasons in the Mississippi and may be split into no more than 3 Flyway compliance in reporting harvest. In segments. Montana, all hunters that harvest a swan Outside Dates: Between September 1 Bag limits: Not to exceed 3 daily and must complete and submit a reporting and February 28 in Minnesota, and 9 per season. card (bill card) with the bill between September 1 and January 31 in Permits: Participants must have a measurement and color information Alabama, Kentucky, and Tennessee. valid permit, issued by the appropriate from the harvested swan within 72 Hunting Seasons: A season not to State, in their possession while hunting. hours of harvest for species exceed 37 consecutive days may be Other Provisions: Numbers of permits, selected in the designated portion of determination. In Utah and Nevada, all open areas, season dates, protection northwestern Minnesota (Northwest hunters that harvest a swan must have plans for other species, and other Goose Zone), and a season not to exceed provisions of seasons must be consistent the swan or species-determinant parts 60 consecutive days in Alabama, examined by a State or Federal biologist with the management plan and Kentucky, and Tennessee. The season in approved by the Central and Pacific within 72 hours of harvest for species Alabama is experimental. determination. Flyway Councils, with the following Daily Bag Limit: 1 sandhill crane in exceptions: Other Provisions: In Utah, the season Minnesota, 2 sandhill cranes in A. In Utah, 100 percent of the harvest is subject to the terms of the Kentucky, and 3 sandhill cranes in will be assigned to the RMP crane quota; Memorandum of Agreement entered Alabama and Tennessee. In Alabama, B. In Arizona, monitoring the racial into with the Service in July 2019, Kentucky, and Tennessee, the seasonal composition of the harvest must be regarding harvest monitoring, season bag limit is 3 sandhill cranes. conducted at 3-year intervals unless 100 closure procedures, and education Permits: Each person participating in percent of the harvest will be assigned requirements to minimize take of the regular sandhill crane seasons must to the RMP crane quota; trumpeter swans during the swan have a valid Federal or State sandhill C. In Idaho, 100 percent of the harvest season. crane hunting permit. will be assigned to the RMP crane quota; Other Provisions: The number of and Tundra Swans permits (where applicable), open areas, D. In New Mexico, the season in the season dates, protection plans for other Estancia Valley is experimental, with a In portions of the Atlantic Flyway species, and other provisions of seasons requirement to monitor the level and (Delaware, North Carolina, and Virginia) must be consistent with the and the Central Flyway (North Dakota, management plans and approved by the racial composition of the harvest; South Dakota [east of the Missouri Mississippi Flyway Council. greater sandhill cranes in the harvest River], and that portion of Montana in will be assigned to the RMP crane quota. Regular Seasons in the Central Flyway the Central Flyway), an open season for Common Moorhens and Purple taking a limited number of tundra swans Outside Dates: Between September 1 Gallinules may be selected. Permits will be issued and February 28. Outside Dates: Between September 1 by the States that authorize the take of Hunting Seasons: Seasons not to and the last Sunday in January (January no more than 1 tundra swan per permit. exceed 37 consecutive days may be 26) in the Atlantic, Mississippi, and A second permit may be issued to selected in designated portions of Texas (Area 2). Seasons not to exceed 58 Central Flyways. States in the Pacific hunters from unused permits remaining Flyway may select their hunting seasons after the first drawing. The States must consecutive days may be selected in designated portions of the following between the outside dates for the season obtain harvest and hunter participation on ducks, mergansers, and coots; data. These seasons are also subject to States: Colorado, Kansas, Montana, North Dakota, South Dakota, and therefore, Pacific Flyway frameworks for the following conditions: Wyoming. Seasons not to exceed 93 common moorhens and purple In the Atlantic Flyway consecutive days may be selected in gallinules are included with the duck, designated portions of the following merganser, and coot frameworks. —The season may be 90 days, between States: New Mexico, Oklahoma, and Hunting Seasons and Daily Bag October 1 and January 31. Texas. Limits: Seasons may not exceed 70 days —In Delaware, no more than 84 permits Daily Bag Limits: 3 sandhill cranes, in the Atlantic, Mississippi, and Central may be issued. The season is except 2 sandhill cranes in designated Flyways. Seasons may be split into 2 experimental. portions of North Dakota (Area 2) and segments. The daily bag limit is 15 Texas (Area 2). common moorhens and purple —In North Carolina, no more than 6,115 Permits: Each person participating in gallinules, singly or in the aggregate of permits may be issued. the regular sandhill crane season must the two species. —In Virginia, no more than 801 permits have a valid Federal or State sandhill Zoning: Seasons may be selected by may be issued. crane hunting permit. zones established for duck hunting.

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Rails Hunting Seasons and Daily Bag A. The hunting season may be split Limits: Not more than 9 consecutive into not more than 2 segments, except Outside Dates: States included herein days, with a daily bag limit of 2. in that portion of Texas in which the may select seasons between September special white-winged dove season is 1 and the last Sunday in January Zoning: California may select hunting allowed, where a limited take of (January 26) on clapper, king, sora, and seasons not to exceed 9 consecutive mourning and white-tipped doves may Virginia rails. days in each of 2 zones. The season in the North Zone must close by October also occur during that special season Hunting Seasons: Seasons may not 3. (see Special White-winged Dove Area in exceed 70 days, and may be split into Texas). 2 segments. Four-Corners States (Arizona, Colorado, New Mexico, and Utah) B. A season may be selected for the Daily Bag Limits North and Central Zones between Outside Dates: Between September 1 September 1 and January 25; and for the Clapper and King Rails: In and November 30. Connecticut, Delaware, Maryland, New South Zone between September 14 and Hunting Seasons and Daily Bag Jersey, and Rhode Island, 10, singly or January 25. Limits: Not more than 14 consecutive in the aggregate of the two species. In C. Except as noted above, regulations days, with a daily bag limit of 2. Alabama, Florida, Georgia, Louisiana, for bag and possession limits, season Zoning: New Mexico may select Mississippi, North Carolina, South length, and shooting hours must be hunting seasons not to exceed 14 Carolina, Texas, and Virginia, 15, singly uniform within each hunting zone. consecutive days in each of 2 zones. The or in the aggregate of the two species. season in the South Zone may not open Special White-Winged Dove Area in Sora and Virginia Rails: In the until October 1. Texas Atlantic, Mississippi, and Central Flyways and the Pacific Flyway Doves In addition, Texas may select a portions of Colorado, Montana, New hunting season of not more than 4 days Outside Dates: Between September 1 for the Special White-winged Dove Area Mexico, and Wyoming, 25 rails, singly and January 31 in the Eastern or in the aggregate of the two species. of the South Zone between September 1 Management Unit, and between and September 19. The daily bag limit The season is closed in the remainder of September 1 and January 15 in the the Pacific Flyway. may not exceed 15 white-winged, Central and Western Management Units, mourning, and white-tipped doves in Snipe except as otherwise provided, States the aggregate, of which no more than 2 may select hunting seasons and daily may be mourning doves and no more Outside Dates: Between September 1 bag limits as follows: and February 28, except in Connecticut, than 2 may be white-tipped doves. Delaware, Maine, Maryland, Eastern Management Unit Western Management Unit Massachusetts, New Hampshire, New Hunting Seasons and Daily Bag Hunting Seasons and Daily Bag Limits Jersey, New York, Rhode Island, Limits: Not more than 90 days, with a Vermont, and Virginia, where the daily bag limit of 15 mourning and Idaho, Nevada, Oregon, Utah, and season must end no later than January white-winged doves in the aggregate. Washington: Not more than 60 days, 31. Zoning and Split Seasons: States may which may be split between 2 segments. Hunting Seasons and Daily Bag select hunting seasons in each of 2 The daily bag limit is 15 mourning and Limits: Seasons may not exceed 107 zones. The season within each zone may white-winged doves in the aggregate. days and may be split into 2 segments. be split into not more than 3 segments. Arizona and California: Not more The daily bag limit is 8 snipe. Regulations for bag and possession than 60 days, which may be split Zoning: Seasons may be selected by limits, season length, and shooting between 2 segments, September 1–15 zones established for duck hunting. hours must be uniform within specific and November 1–January 15. In American Woodcock hunting zones. Arizona, during the first segment of the season, the daily bag limit is 15 Central Management Unit Outside Dates: States in the Eastern mourning and white-winged doves in Management Region may select hunting For All States Except Texas the aggregate, of which no more than 10 seasons between October 1 and January could be white-winged doves. During 31. States in the Central Management Hunting Seasons and Daily Bag Limits: Not more than 90 days, with a the remainder of the season, the daily Region may select hunting seasons bag limit is 15 mourning doves. In between the Saturday nearest September daily bag limit of 15 mourning and white-winged doves in the aggregate. California, the daily bag limit is 15 22 (September 21) and January 31. mourning and white-winged doves in Hunting Seasons and Daily Bag Zoning and Split Seasons: States may select hunting seasons in each of 2 the aggregate, of which no more than 10 Limits: Seasons may not exceed 45 days could be white-winged doves. in the Eastern and Central Regions. The zones. The season within each zone may daily bag limit is 3. Seasons may be split be split into not more than 3 segments. Alaska into 2 segments. Texas Outside Dates: Between September 1 Zoning: New Jersey may select Hunting Seasons and Daily Bag and January 26. seasons in each of two zones. The Limits: Not more than 90 days, with a Hunting Seasons: Alaska may select season in each zone may not exceed 36 daily bag limit of 15 mourning, white- 107 consecutive days for waterfowl, days. winged, and white-tipped doves in the sandhill cranes, and common snipe Band-Tailed Pigeons aggregate, of which no more than 2 may concurrent in each of 5 zones. For brant, be white-tipped doves. the season may be split without penalty Pacific Coast States (California, Oregon, Zoning and Split Seasons: Texas may in the Kodiak Zone. Washington, and Nevada) select hunting seasons for each of 3 Closures: The hunting season is Outside Dates: Between September 15 zones subject to the following closed on spectacled eiders and Steller’s and January 1. conditions: eiders.

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Daily Bag and Possession Limits Brant: The daily bag limit is 4. Closed Areas: There is no open season Snipe: The daily bag limit is 8. Ducks: Except as noted, a basic daily on doves or pigeons in the following Sandhill Cranes: The daily bag limit bag limit of 7 ducks. Daily bag limits in areas: Municipality of Culebra, is 2 in the Southeast, Gulf Coast, the North Zone are 10, and in the Gulf Desecheo Island, Mona Island, El Verde Kodiak, and Aleutian Zones, and Unit Coast Zone, they are 8. The basic limits Closure Area, and Cidra Municipality 17 in the North Zone. In the remainder may include no more than 2 and adjacent areas. of the North Zone (outside Unit 17), the canvasbacks daily and may not include daily bag limit is 3. Ducks, Coots, Moorhens, Gallinules, and sea ducks. Tundra Swans: Open seasons for Snipe In addition to the basic duck limits, tundra swans may be selected subject to Outside Dates: Between October 1 and Alaska may select sea duck limits of 10 the following conditions: January 31. daily, singly or in the aggregate, A. All seasons are by permit only. Hunting Seasons: Not more than 55 including no more than 6 each of either B. All season framework dates are days may be selected for hunting ducks, harlequin or long-tailed ducks. Sea September 1–October 31. common moorhens, and common snipe. ducks include scoters, common and C. In Unit 17, no more than 200 The season may be split into 2 king eiders, harlequin ducks, long-tailed permits may be issued during this segments. ducks, and common and red-breasted operational season. No more than 3 mergansers. tundra swans may be authorized per Daily Bag Limits Light Geese: The daily bag limit is 6. permit, with no more than 1 permit Ducks: Not to exceed 6 ducks. Canada Geese: The daily bag limit is issued per hunter per season. Common Moorhens: Not to exceed 6 4 with the following exceptions: D. In Unit 18, no more than 500 moorhens. A. In Units 5 and 6, the taking of permits may be issued during the Common Snipe: Not to exceed 8 Canada geese is permitted from operational season. No more than 3 snipe. September 28 through December 16. tundra swans may be authorized per Closed Seasons: The season is closed B. On Middleton Island in Unit 6, a permit. No more than 1 permit may be on the ruddy duck, white-cheeked special, permit-only Canada goose issued per hunter per season. pintail, West Indian whistling duck, season may be offered. A mandatory E. In Unit 22, no more than 300 fulvous whistling duck, and masked goose identification class is required. permits may be issued during the duck, which are protected by the Hunters must check in and check out. operational season. No more than 3 Commonwealth of Puerto Rico. The The bag limit is 1 daily and 1 in tundra swans may be authorized per season also is closed on the purple possession. The season will close if permit. No more than 1 permit may be gallinule, American coot, and Caribbean incidental harvest includes 5 dusky issued per hunter per season. coot. Canada geese. A dusky Canada goose is F. In Unit 23, no more than 300 Closed Areas: There is no open season any dark-breasted Canada goose permits may be issued during the on ducks, common moorhens, and (Munsell 10 YR color value 5 or less) operational season. No more than 3 common snipe in the Municipality of with a bill length between 40 and 50 tundra swans may be authorized per Culebra and on Desecheo Island. millimeters. permit. No more than 1 permit may be Virgin Islands C. In Units 9, 10, 17, and 18, the daily issued per hunter per season. bag limit is 6 Canada geese. Doves and Pigeons White-fronted Geese: The daily bag Hawaii Outside Dates: Between September 1 limit is 4 with the following exceptions: Outside Dates: Between October 1 and and January 15. January 31. A. In Units 9, 10, and 17, the daily bag Hunting Seasons: Not more than 60 Hunting Seasons: Not more than 65 limit is 6 white-fronted geese. consecutive days. days (75 under the alternative) for B. In Unit 18, the daily bag limit is 10 Daily Bag and Possession Limits: Not mourning doves. white-fronted geese. to exceed 10 Zenaida doves. Bag Limits: Not to exceed 15 (12 Emperor Geese: Open seasons for Closed Seasons: No open season is under the alternative) mourning doves. emperor geese may be selected subject prescribed for ground or quail doves or to the following conditions: Note: Mourning doves may be taken in Hawaii in accordance with shooting pigeons. A. All seasons are by permit only. Closed Areas: There is no open season hours and other regulations set by the B. No more than 1 emperor goose may for migratory game birds on Ruth Cay State of Hawaii, and subject to the be harvested per hunter per season. (just south of St. Croix). applicable provisions of 50 CFR part 20. C. Total harvest may not exceed 1,000 Local Names for Certain Birds: emperor geese. Puerto Rico Zenaida dove, also known as mountain D. In State Game Management Unit 8, dove; bridled quail-dove, also known as Doves and Pigeons the Kodiak Island Road Area is closed Barbary dove or partridge; common to hunting. The Kodiak Island Road Outside Dates: Between September 1 ground-dove, also known as stone dove, Area consists of all lands and water and January 15. tobacco dove, rola, or tortolita; scaly- (including exposed tidelands) east of a Hunting Seasons: Not more than 60 naped pigeon, also known as red-necked line extending from Crag Point in the days. or scaled pigeon. north to the west end of Saltery Cove in Daily Bag and Possession Limits: Not the south and all lands and water south to exceed 20 Zenaida, mourning, and Ducks of a line extending from Termination white-winged doves in the aggregate, of Outside Dates: Between December 1 Point along the north side of Cascade which not more than 10 may be Zenaida and January 31. Lake extending to Anton Larsen Bay. doves and 3 may be mourning doves. Hunting Seasons: Not more than 55 Marine waters adjacent to the closed Not to exceed 5 scaly-naped pigeons. consecutive days. area are closed to harvest within 500 Closed Seasons: The season is closed Daily Bag Limits: Not to exceed 6 feet from the water’s edge. The offshore on the white-crowned pigeon and the ducks. islands are open to harvest, for example: plain pigeon, which are protected by the Closed Seasons: The season is closed Woody, Long, Gull, and Puffin islands. Commonwealth of Puerto Rico. on the ruddy duck, white-cheeked

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pintail, West Indian whistling duck, the Maine-New Hampshire border in migratory waterfowl may take migratory fulvous whistling duck, and masked Kittery. waterfowl and coots from the following duck. South Zone: Remainder of the State. designated area of the Inland Zone: The State of Vermont east of Rte. I–91 at the Special Falconry Regulations Maryland Massachusetts border, north on Rte. I– In accordance with 50 CFR 21.29, Special Teal Season Area: Calvert, 91 to Rte. 2, north on Rte. 2 to Rte. 102, falconry is a permitted means of taking Caroline, Cecil, Dorchester, Harford, north on Rte. 102 to Rte. 253, and north migratory game birds in any State Kent, Queen Anne’s, St. Mary’s, on Rte. 253 to the border with Canada except for Hawaii. States may select an Somerset, Talbot, Wicomico, and and the area of New Hampshire west of extended season for taking migratory Worcester Counties; that part of Anne Rte. 63 at the Massachusetts border, game birds in accordance with the Arundel County east of Interstate 895, north on Rte. 63 to Rte. 12, north on Rte. following: Interstate 97, and Route 3; that part of 12 to Rte. 12–A, north on Rte. 12–A to Extended Seasons: For all hunting Prince George’s County east of Route 3 Rte 10, north on Rte. 10 to Rte. 135, methods combined, the combined and Route 301; and that part of Charles north on Rte. 135 to Rte. 3, north on Rte. length of the extended season, regular County east of Route 301 to the Virginia 3 to the intersection with the season, and any special or experimental State Line. Connecticut River. Coastal Zone: That portion of the seasons must not exceed 107 days for Massachusetts any species or group of species in a State east of a line beginning at the geographical area. Each extended season Western Zone: That portion of the Maine-New Hampshire border in may be divided into a maximum of 3 State west of a line extending south Rollinsford, then extending to Rte. 4 segments. from the Vermont State line on I–91 to west to the city of Dover, south to the Framework Dates: Seasons must fall MA 9, west on MA 9 to MA 10, south intersection of Rte. 108, south along Rte. between September 1 and March 10. on MA 10 to U.S. 202, south on U.S. 202 108 through Madbury, Durham, and Daily Bag Limits: Falconry daily bag to the Connecticut State line. Newmarket to the junction of Rte. 85 in limits for all permitted migratory game Central Zone: That portion of the Newfields, south to Rte. 101 in Exeter, birds must not exceed 3 birds, singly or State east of the Berkshire Zone and east to Interstate 95 (New Hampshire in the aggregate, during extended west of a line extending south from the Turnpike) in Hampton, and south to the falconry seasons, any special or New Hampshire State line on I–95 to Massachusetts border. U.S. 1, south on U.S. 1 to I–93, south on experimental seasons, and regular New Jersey hunting seasons in all States, including I–93 to MA 3, south on MA 3 to U.S. those that do not select an extended 6, west on U.S. 6 to MA 28, west on MA Coastal Zone: That portion of the falconry season. 28 to I–195, west to the Rhode Island State seaward of a line beginning at the State line; except the waters, and the Regular Seasons: General hunting New York State line in Raritan Bay and lands 150 yards inland from the high- regulations, including seasons and extending west along the New York water mark, of the Assonet River hunting hours, apply to falconry. State line to NJ 440 at Perth Amboy; upstream to the MA 24 bridge, and the Regular season bag limits do not apply west on NJ 440 to the Garden State Taunton River upstream to the Center to falconry. The falconry bag limit is not Parkway; south on the Garden State St.–Elm St. bridge shall be in the Coastal in addition to gun limits. Parkway to NJ 109; south on NJ 109 to Zone. Cape May County Route 633 (Lafayette Area, Unit, and Zone Descriptions Coastal Zone: That portion of Street); south on Lafayette Street to Massachusetts east and south of the Ducks (Including Mergansers) and Coots Jackson Street; south on Jackson Street Central Zone. to the shoreline at Cape May; west along Atlantic Flyway New Hampshire the shoreline of Cape May beach to Connecticut COLREGS Demarcation Line 80.503 at Northern Zone: That portion of the Cape May Point; south along COLREGS North Zone: That portion of the State State east and north of the Inland Zone Demarcation Line 80.503 to the north of I–95. beginning at the Jct. of Rte. 10 and Rte. Delaware State line in Delaware Bay. South Zone: Remainder of the State. 25–A in Orford, east on Rte. 25–A to North Zone: That portion of the State Rte. 25 in Wentworth, southeast on Rte. Maine west of the Coastal Zone and north of 25 to Exit 26 of Rte. I–93 in Plymouth, a line extending west from the Garden North Zone: That portion north of the south on Rte. I–93 to Rte. 3 at Exit 24 State Parkway on NJ 70 to the New line extending east along Maine State of Rte. I–93 in Ashland, northeast on Jersey Turnpike, north on the turnpike Highway 110 from the New Hampshire- Rte. 3 to Rte. 113 in Holderness, north to U.S. 206, north on U.S. 206 to U.S. Maine State line to the intersection of on Rte. 113 to Rte. 113–A in Sandwich, 1 at Trenton, west on U.S. 1 to the Maine State Highway 11 in Newfield; north on Rte. 113–A to Rte. 113 in Pennsylvania State line in the Delaware then north and east along Route 11 to Tamworth, east on Rte. 113 to Rte. 16 River. the intersection of U.S. Route 202 in in Chocorua, north on Rte. 16 to Rte. South Zone: That portion of the State Auburn; then north and east on Route 302 in Conway, east on Rte. 302 to the not within the North Zone or the Coastal 202 to the intersection of I–95 in Maine-New Hampshire border. Zone. Augusta; then north and east along I–95 Inland Zone: That portion of the State to Route 15 in Bangor; then east along south and west of the Northern Zone, New York Route 15 to Route 9; then east along west of the Coastal Zone, and includes Lake Champlain Zone: That area east Route 9 to Stony Brook in Baileyville; the area of Vermont and New and north of a continuous line then east along Stony Brook to the U.S. Hampshire as described for hunting extending along U.S. 11 from the New border. reciprocity. A person holding a New York-Canada International boundary Coastal Zone: That portion south of a Hampshire hunting license that allows south to NY 9B, south along NY 9B to line extending east from the Maine-New the taking of migratory waterfowl or a U.S. 9, south along U.S. 9 to NY 22 Brunswick border in Calais at the Route person holding a Vermont resident south of Keesville; south along NY 22 to 1 Bridge; then south along Route 1 to hunting license that allows the taking of the west shore of South Bay, along and

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around the shoreline of South Bay to NY 91; north along Interstate 91 to U.S. 2; south bank of the Big Muddy River to 22 on the east shore of South Bay; east along U.S. 2 to VT 102; north along the Mississippi River, west across the southeast along NY 22 to U.S. 4, VT 102 to VT 253; north along VT 253 Mississippi River to the Missouri northeast along U.S. 4 to the Vermont to the Canadian border. border. State line. Connecticut River Zone: The South Central Zone: The remainder of Long Island Zone: That area remaining portion of Vermont east of the State between the south border of consisting of Nassau County, Suffolk the Interior Zone. the Central Zone and the North border County, that area of Westchester County of the South Zone. Mississippi Flyway southeast of I–95, and their tidal waters. Western Zone: That area west of a line Illinois Indiana extending from Lake Ontario east along North Zone: That portion of the State North Zone: That part of Indiana the north shore of the Salmon River to north of a line extending west from the north of a line extending east from the I–81, and south along I–81 to the Indiana border along Peotone–Beecher Illinois border along State Road 18 to Pennsylvania State line. Road to Illinois Route 50, south along U.S. 31; north along U.S. 31 to U.S. 24; Northeastern Zone: That area north of Illinois Route 50 to Wilmington– east along U.S. 24 to Huntington; a continuous line extending from Lake Peotone Road, west along Wilmington- southeast along U.S. 224; south along Ontario east along the north shore of the Peotone Road to Illinois Route 53, north State Road 5; and east along State Road Salmon River to I–81, south along I–81 along Illinois Route 53 to New River 124 to the Ohio border. Central Zone: That part of Indiana to NY 31, east along NY 31 to NY 13, Road, northwest along New River Road south of the North Zone boundary and north along NY 13 to NY 49, east along to Interstate Highway 55, south along I– north of the South Zone boundary. NY 49 to NY 365, east along NY 365 to 55 to Pine Bluff-Lorenzo Road, west South Zone: That part of Indiana NY 28, east along NY 28 to NY 29, east along Pine Bluff-Lorenzo Road to south of a line extending east from the along NY 29 to NY 22, north along NY Illinois Route 47, north along Illinois Illinois border along I–70; east along 22 to Washington County Route 153, Route 47 to I–80, west along I–80 to I– National Ave.; east along U.S. 150; east along CR 153 to the New York- 39, south along I–39 to Illinois Route 18, south along U.S. 41; east along State Vermont boundary, exclusive of the west along Illinois Route 18 to Illinois Road 58; south along State Road 37 to Lake Champlain Zone. Route 29, south along Illinois Route 29 Southeastern Zone: The remaining Bedford; and east along U.S. 50 to the to Illinois Route 17, west along Illinois portion of New York. Ohio border. Route 17 to the Mississippi River, and Pennsylvania due south across the Mississippi River Iowa Lake Erie Zone: The Lake Erie waters to the Iowa border. North Zone: That portion of Iowa of Pennsylvania and a shoreline margin Central Zone: That portion of the north of a line beginning on the South along Lake Erie from New York on the State south of the North Duck Zone line Dakota-Iowa border at Interstate 29, east to Ohio on the west extending 150 to a line extending west from the southeast along Interstate 29 to State yards inland, but including all of Indiana border along I–70 to Illinois Highway 175, east along State Highway Presque Isle Peninsula. Route 4, south along Illinois Route 4 to 175 to State Highway 37, southeast Northwest Zone: The area bounded on Illinois Route 161, west along Illinois along State Highway 37 to State the north by the Lake Erie Zone and Route 161 to Illinois Route 158, south Highway 183, northeast along State including all of Erie and Crawford and west along Illinois Route 158 to Highway 183 to State Highway 141, east Counties and those portions of Mercer Illinois Route 159, south along Illinois along State Highway 141 to U.S. and Venango Counties north of I–80. Route 159 to Illinois Route 3, south Highway 30, and along U.S. Highway 30 North Zone: That portion of the State along Illinois Route 3 to St. Leo’s Road, to the Illinois border. east of the Northwest Zone and north of south along St. Leo’s Road to Modoc Missouri River Zone: That portion of a line extending east on I–80 to U.S. Road, west along Modoc Road to Modoc Iowa west of a line beginning on the 220, Route 220 to I–180, I–180 to I–80, Ferry Road, southwest along Modoc South Dakota-Iowa border at Interstate and I–80 to the Delaware River. Ferry Road to Levee Road, southeast 29, southeast along Interstate 29 to State South Zone: The remaining portion of along Levee Road to County Route 12 Highway 175, and west along State Pennsylvania. (Modoc Ferry entrance Road), south Highway 175 to the Iowa-Nebraska along County Route 12 to the Modoc Vermont border. Ferry route and southwest on the Modoc South Zone: The remainder of Iowa. Lake Champlain Zone: The U.S. Ferry route across the Mississippi River portion of Lake Champlain and that area to the Missouri border. Kentucky north and west of the line extending South Zone: That portion of the State West Zone: All counties west of and from the New York border along U.S. 4 south and east of a line extending west including Butler, Daviess, Ohio, to VT 22A at Fair Haven; VT 22A to U.S. from the Indiana border along Interstate Simpson, and Warren Counties. 7 at Vergennes; U.S. 7 to VT 78 at 70, south along U.S. Highway 45, to East Zone: The remainder of Swanton; VT 78 to VT 36; VT 36 to Illinois Route 13, west along Illinois Kentucky. Maquam Bay on Lake Champlain; along Route 13 to Greenbriar Road, north on and around the shoreline of Maquam Greenbriar Road to Sycamore Road, Louisiana Bay and Hog Island to VT 78 at the West west on Sycamore Road to N Reed East Zone: That area of the State Swanton Bridge; VT 78 to VT 2 in Station Road, south on N Reed Station between the Mississippi State line and Alburg; VT 2 to the Richelieu River in Road to Illinois Route 13, west along a line going south on Highway (Hwy) 79 Alburg; along the east shore of the Illinois Route 13 to Illinois Route 127, from the Arkansas border to Homer, Richelieu River to the Canadian border. south along Illinois Route 127 to State then south on Hwy 9 to Arcadia, then Interior Zone: That portion of Forest Road (1025 N), west along State south on Hwy 147 to Hodge, then south Vermont east of the Lake Champlain Forest Road to Illinois Route 3, north on Hwy 167 to Turkey Creek, then south Zone and west of a line extending from along Illinois Route 3 to the south bank on Hwy 13 to Eunice, then west on Hwy the Massachusetts border at Interstate of the Big Muddy River, west along the 190 to Kinder, then south on Hwy 165

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to Iowa, then west on I–10 to its on Lincoln County Hwy N to MO Hwy 66 to U.S. 33, then east along U.S. 33 to junction with Hwy 14 at Lake Charles, 79; south on MO Hwy 79 to MO Hwy SR 385, then east along SR 385 to SR then south and east on Hwy 14 to its 47; west on MO Hwy 47 to I–70; west 117, then south along SR 117 to SR 273, junction with Hwy 90 in New Iberia, on I–70 to the Kansas border. then east along SR 273 to SR 31, then then east on Hwy 90 to the Mississippi Middle Zone: The remainder of south along SR 31 to SR 739, then east State line. Missouri not included in other zones. along SR 739 to SR 4, then north along West Zone: That area between the South Zone: That portion of Missouri SR 4 to SR 95, then east along SR 95 to Texas State line and a line going east on south of a line running west from the SR 13, then southeast along SR 13 to SR I–10 from the Texas border to Hwy 165 Illinois border on MO Hwy 74 to MO 3, then northeast along SR 3 to SR 60, at Iowa, then north on Hwy 165 to Hwy 25; south on MO Hwy 25 to U.S. then north along SR 60 to U.S. 30, then Kinder, then east on Hwy 190 to Eunice, Hwy 62; west on U.S. Hwy. 62 to MO east along U.S. 30 to SR 3, then south then north on Hwy 13 to Turkey Creek, Hwy 53; north on MO Hwy 53 to MO along SR 3 to SR 226, then south along then north on Hwy 167 to Hodge, then Hwy 51; north on MO Hwy 51 to U.S. SR 226 to SR 514, then southwest along north on Hwy 147 to Arcadia, then Hwy 60; west on U.S. Hwy 60 to MO SR 514 to SR 754, then south along SR north on Hwy 9 to Homer, then north Hwy 21; north on MO Hwy 21 to MO 754 to SR 39/60, then east along SR 39/ on Hwy 79 to the Arkansas border. Hwy 72; west on MO Hwy 72 to MO 60 to SR 241, then north along SR 241 Coastal Zone: Remainder of the State. Hwy 32; west on MO Hwy 32 to U.S. to U.S. 30, then east along U.S. 30 to SR Hwy 65; north on U.S. Hwy 65 to U.S. Michigan 39, then east along SR 39 to the Hwy 54; west on U.S. Hwy 54 to U.S. Pennsylvania State line. North Zone: The Upper Peninsula. Hwy 71; south on U.S. Hwy 71 to Jasper South Zone: The remainder of Ohio Middle Zone: That portion of the County Hwy M (Base Line Blvd.); west not included in the Lake Erie Marsh Lower Peninsula north of a line on Jasper County Hwy M (Base Line Zone or the North Zone. beginning at the Wisconsin State line in Blvd.) to CRD 40 (Base Line Blvd.); west Lake Michigan due west of the mouth of on CRD 40 (Base Line Blvd.) to the Tennessee Stony Creek in Oceana County; then due Kansas border. Reelfoot Zone: All or portions of Lake east to, and easterly and southerly along Ohio and Obion Counties. the south shore of Stony Creek to Scenic Remainder of State: That portion of Lake Erie Marsh Zone: Includes all Drive, easterly and southerly along Tennessee outside of the Reelfoot Zone. Scenic Drive to Stony Lake Road, land and water within the boundaries of easterly along Stony Lake and Garfield the area bordered by a line beginning at Wisconsin Roads to Michigan Highway 20, east the intersection of Interstate 75 at the North Zone: That portion of the State Ohio-Michigan State line and along Michigan 20 to U.S. Highway 10 north of a line extending east from the continuing south to Interstate 280, then Business Route (BR) in the city of Minnesota State line along U.S. south on I–280 to the Ohio Turnpike (I– Midland, easterly along U.S. 10 BR to Highway 10 into Portage County to 80/I–90), then east on the Ohio U.S. 10, easterly along U.S. 10 to County Highway HH, east on County Turnpike to the Erie-Lorain County line, Interstate Highway 75/U.S. Highway 23, Highway HH to State Highway 66 and then north to Lake Erie, then following northerly along I–75/U.S. 23 to the U.S. then east on State Highway 66 to U.S. the Lake Erie shoreline at a distance of 23 exit at Standish, easterly along U.S. Highway 10, continuing east on U.S. 200 yards offshore, then following the 23 to the centerline of the Au Gres Highway 10 to U.S. Highway 41, then shoreline west toward and around the River, then southerly along the north on U.S. Highway 41 to the centerline of the Au Gres River to northern tip of Cedar Point Amusement Park, then continuing from the Michigan State line. Saginaw Bay, then on a line directly east Mississippi River Zone: That area 10 miles into Saginaw Bay, and from westernmost point of Cedar Point toward the southernmost tip of the sand encompassed by a line beginning at the that point on a line directly northeast to intersection of the Burlington Northern the Canadian border. bar at the mouth of Sandusky Bay and out into Lake Erie at a distance of 200 & Santa Fe Railway and the Illinois South Zone: The remainder of State line in Grant County and Michigan. yards offshore continuing parallel to the Lake Erie shoreline north and west extending northerly along the Minnesota toward the northernmost tip of Cedar Burlington Northern & Santa Fe Railway to the city limit of Prescott in Pierce North Duck Zone: That portion of the Point National Wildlife Refuge, then following a direct line toward the County, then west along the Prescott State north of a line extending east from city limit to the Minnesota State line. the North Dakota State line along State southernmost tip of Wood Tick Peninsula in Michigan to a point that South Zone: The remainder of Highway 210 to State Highway 23 and Wisconsin. east to State Highway 39 and east to the intersects the Ohio-Michigan State line, Wisconsin State line at the Oliver then following the State line back to the Central Flyway point of the beginning. Bridge. Colorado (Central Flyway Portion) South Duck Zone: The portion of the North Zone: That portion of the State, State south of a line extending east from excluding the Lake Erie Marsh Zone, Special Teal Season Area: Lake and the South Dakota State line along U.S. north of a line extending east from the Chaffee Counties and that portion of the Highway 212 to Interstate 494 and east Indiana State line along U.S. Highway State east of Interstate Highway 25. to Interstate 94 and east to the (U.S.) 33 to State Route (SR) 127, then Northeast Zone: All areas east of Wisconsin State line. south along SR 127 to SR 703, then Interstate 25 and north of Interstate 70. Central Duck Zone: The remainder of south along SR 703 and including all Southeast Zone: All areas east of the State. lands within the Mercer Wildlife Area Interstate 25 and south of Interstate 70, to SR 219, then east along SR 219 to SR and all of El Paso, Pueblo, Huerfano, Missouri 364, then north along SR 364 and and Las Animas Counties. North Zone: That portion of Missouri including all lands within the St. Mary’s Mountain/Foothills Zone: All areas north of a line running west from the Fish Hatchery to SR 703, then east along west of Interstate 25 and east of the Illinois border at Lock and Dam 25; west SR 703 to SR 66, then north along SR Continental Divide, except El Paso,

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Pueblo, Huerfano, and Las Animas Federal highway U.S.–56, then then southeast on State highway K–96 Counties. southwest on Federal highway U.S.–56 to its junction with State highway K–61, to its junction with North Main Street in then northeast on State highway K–61 to Kansas Spearville, then south on North Main its junction with McPherson County High Plains Zone: That portion of the Street to Davis Street, then east on Davis Arapaho Road, then east on McPherson State west of U.S. 283. Street to Ford County Road 126 (South County Arapaho Road to its junction Low Plains Early Zone: That part of Stafford Street), then south on Ford with McPherson County 14th Avenue, Kansas bounded by a line from the County Road 126 to Garnett Road, then then north on McPherson County 14th Federal highway U.S.–283 and State east on Garnett Road to Ford County Avenue to its junction with State highway 96 junction, then east on State Road 126, then south on Ford County highway K–61, then east on State highway 96 to its junction with Federal Road 126 to Ford Spearville Road, then highway K–61 to its junction with highway U.S.–183, then north on west on Ford Spearville Road to its interstate highway I–135, then north on Federal highway U.S.–183 to its junction with Federal highway U.S.– interstate highway I–135 to its junction junction with Federal highway U.S.–24, 400, then northwest on Federal highway with State highway K–4, then west on then east on Federal highway U.S.–24 to U.S.–400 to its junction with Federal State highway K–4 to its junction with its junction with Federal highway U.S.– highway U.S.–283, and then north on Federal highway U.S.–281, then north 281, then north on Federal highway Federal highway U.S.–283 to its on Federal highway U.S.–281 to its U.S.–281 to its junction with Federal junction with Federal highway U.S.–96. junction with State highway K–18, then highway U.S.–36, then east on Federal Low Plains Late Zone: That part of east on State highway K–18 to its highway U.S.–36 to its junction with junction with Federal highway U.S.– State highway K–199, then south on Kansas bounded by a line from the Federal highway U.S.–283 and State 181, then north on Federal highway State highway K–199 to its junction U.S.–181 to its junction with Federal with Republic County 30th Road, then highway 96 junction, then north on Federal highway U.S.–283 to the highway U.S.–24, then east on Federal south on Republic County 30th Road to highway U.S.–24 to its junction with its junction with State highway K–148, Kansas-Nebraska State line, then east along the Kansas-Nebraska State line to State highway K–9, then east on State then east on State highway K–148 to its highway K–9 to its junction with Cloud its junction with the Kansas-Missouri junction with Republic County 50th County 40th Road, then north on Cloud State line, then southeast along the Road, then south on Republic County County 40th Road to its junction with Kansas-Missouri State line to its 50th Road to its junction with Cloud Republic County 50th Road, then north junction with State highway K–68, then County 40th Road, then south on Cloud on Republic County 50th Road to its west on State highway K–68 to its County 40th Road to its junction with junction with State highway K–148, junction with interstate highway I–35, State highway K–9, then west on State then west on State highway K–148 to its then southwest on interstate highway I– highway K–9 to its junction with junction with Republic County 30th 35 to its junction with Butler County NE Federal highway U.S.–24, then west on Road, then north on Republic County 150th Street, then west on Butler Federal highway U.S.–24 to its junction 30th Road to its junction with State with Federal highway U.S.–181, then County NE 150th Street to its junction highway K–199, then north on State south on Federal highway U.S.–181 to with Federal highway U.S.–77, then highway K–199 to its junction with its junction with State highway K–18, south on Federal highway U.S.–77 to its Federal highway U.S.–36, then west on then west on State highway K–18 to its junction with the Kansas-Oklahoma Federal highway U.S.–36 to its junction junction with Federal highway U.S.– State line, then west along the Kansas- with Federal highway U.S.–281, then 281, then south on Federal highway Oklahoma State line to its junction with south on Federal highway U.S.–281 to U.S.–281 to its junction with State Federal highway U.S.–283, then north its junction with Federal highway U.S.– highway K–4, then east on State on Federal highway U.S.–283 to its 24, then west on Federal highway U.S.– highway K–4 to its junction with junction with Federal highway U.S.– 24 to its junction with Federal highway interstate highway I–135, then south on 400, then east on Federal highway U.S.– U.S.–183, then south on Federal interstate highway I–135 to its junction 400 to its junction with Ford Spearville highway U.S.–183 to its junction with with State highway K–61, then Road, then east on Ford Spearville Road Federal highway U.S.–96, and then west southwest on State highway K–61 to its to Ford County Road 126 (South on Federal highway U.S.–96 to its junction with McPherson County 14th Stafford Street), then north on Ford junction with Federal highway U.S.– Avenue, then south on McPherson County Road 126 to Garnett Road, then 283. County 14th Avenue to its junction with west on Garnett Road to Ford County Southeast Zone: That part of Kansas McPherson County Arapaho Rd, then Road 126, then north on Ford County bounded by a line from the Missouri- west on McPherson County Arapaho Rd Road 126 to Davis Street, then west on Kansas State line west on K–68 to its to its junction with State highway K–61, Davis Street to North Main Street, then junction with I–35, then southwest on I– then southwest on State highway K–61 north on North Main Street to its 35 to its junction with Butler County, to its junction with State highway K–96, junction with Federal highway U.S.–56, NE 150th Street, then west on NE 150th then northwest on State highway K–96 then east on Federal highway U.S.–56 to Street to its junction with Federal to its junction with Federal highway its junction with Federal highway U.S.– highway U.S.–77, then south on Federal U.S.–56, then southwest on Federal 183, then south on Federal highway highway U.S.–77 to the Oklahoma- highway U.S.–56 to its junction with U.S.–183 to its junction with Federal Kansas State line, then east along the State highway K–19, then east on State highway U.S.–54, then east on Federal Kansas-Oklahoma State line to its highway K–19 to its junction with highway U.S.–54 to its junction with junction with the Kansas-Missouri State Federal highway U.S.–281, then south Federal highway U.S.–281, then north line, then north along the Kansas- on Federal highway U.S.–281 to its on Federal highway U.S.–281 to its Missouri State line to its junction with junction with Federal highway U.S.–54, junction with State highway K–19, then State highway K–68. then west on Federal highway U.S.–54 west on State highway K–19 to its to its junction with Federal highway junction with Federal highway U.S.–56, Montana (Central Flyway Portion) U.S.–183, then north on Federal then east on Federal highway U.S.–56 to Zone 1: The Counties of Blaine, highway U.S.–183 to its junction with its junction with State highway K–96, Carter, Daniels, Dawson, Fallon, Fergus,

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Garfield, Golden Valley, Judith Basin, 761; east to the Dawson County Canal; County Rd H; south to NE Hwy 92; west McCone, Musselshell, Petroleum, south and east along the Dawson County to U.S. Hwy 81; south to NE Hwy 66; Phillips, Powder River, Richland, Canal to County Rd 444; south to U.S. west to Polk County Rd C; north to NE Roosevelt, Sheridan, Stillwater, Sweet Hwy 30; east to U.S. Hwy 183; north to Hwy 92; west to U.S. Hwy 30; west to Grass, Valley, Wheatland, and Wibaux. Buffalo County Rd 100; east to 46th Merrick County Rd 17; south to Zone 2: The Counties of Big Horn, Avenue; north to NE Hwy 40; south and Hordlake Road; southeast to Prairie Carbon, Custer, Prairie, Rosebud, east to NE Hwy 10; north to Buffalo Island Road; southeast to Hamilton Treasure, and Yellowstone. County Rd 220 and Hall County Husker County Rd T; south to NE Hwy 66; west Nebraska Hwy; east to Hall County Rd 70; north to NE Hwy 14; south to County Rd 22; to NE Hwy 2; east to U.S. Hwy 281; west to County Rd M; south to County High Plains: That portion of Nebraska north to Chapman Rd; east to 7th Rd; Rd 21; west to County Rd K; south to lying west of a line beginning at the south to U.S. Hwy 30; east to Merrick U.S. Hwy 34; west to NE Hwy 2; south South Dakota-Nebraska border on U.S. County Rd 13; north to County Rd O; to U.S. Hwy I–80; west to Gunbarrel Rd Hwy 183; south on U.S. Hwy 183 to U.S. east to NE Hwy 14; north to NE Hwy 52; (Hall/Hamilton County line); south to Hwy 20; west on U.S. Hwy 20 to NE west and north to NE Hwy 91; west to Giltner Rd; west to U.S. Hwy 281; south Hwy 7; south on NE Hwy 7 to NE Hwy U.S. Hwy 281; south to NE Hwy 22; to Lochland Rd; west to Holstein 91; southwest on NE Hwy 91 to NE Hwy west to NE Hwy 11; northwest to NE Avenue; south to U.S. Hwy 34; west to 2; southeast on NE Hwy 2 to NE Hwy Hwy 91; west to U.S. Hwy 183; south to NE Hwy 10; north to Kearney County Rd 92; west on NE Hwy 92 to NE Hwy 40; Round Valley Rd; west to Sargent River R and Phelps County Rd 742; west to south on NE Hwy 40 to NE Hwy 47; Rd; west to Drive 443; north to Sargent U.S. Hwy 283; south to U.S. Hwy 34; south on NE Hwy 47 to NE Hwy 23; east Rd; west to NE Hwy S21A; west to NE east to U.S. Hwy 136; east to U.S. Hwy on NE Hwy 23 to U.S. Hwy 283; and Hwy 2; west and north to NE Hwy 91; 183; north to NE Hwy 4; east to NE Hwy south on U.S. Hwy 283 to the Kansas- north and east to North Loup Spur Rd; 10; south to U.S. Hwy 136; east to NE Nebraska border. north to North Loup River Rd; east to Hwy 14; south to NE Hwy 8; east to U.S. Zone 1: Area bounded by designated Hwy 81; north to NE Hwy 4; east to NE Federal and State highways and Pleasant Valley/Worth Rd; east to Loup political boundaries beginning at the County line; north to Loup-Brown Hwy 15; south to U.S. Hwy 136; east to South Dakota-Nebraska border west of County line; east along northern Jefferson County Rd 578 Avenue; south NE Hwy 26E Spur and north of NE Hwy boundaries of Loup and Garfield to PWF Rd; east to NE Hwy 103; south 12; those portions of Dixon, Cedar, and Counties to Cedar River Rd; south to NE to NE Hwy 8; east to U.S. Hwy 75. Hwy 70; east to U.S. Hwy 281; north to Knox Counties north of NE Hwy 12; that New Mexico (Central Flyway Portion) portion of Keya Paha County east of U.S. NE Hwy 70; east to NE Hwy 14; south to NE Hwy 39; southeast to NE Hwy 22; North Zone: That portion of the State Hwy 183; and all of Boyd County. Both north of I–40 and U.S. 54. banks of the Niobrara River in Keya east to U.S. Hwy 81; southeast to U.S. Hwy 30; east to U.S. Hwy 75; north to South Zone: The remainder of New Paha and Boyd Counties east of U.S. Mexico. Hwy 183 shall be included in Zone 1. the Washington County line; east to the Zone 2: The area south of Zone 1 and Iowa-Nebraska border; south to the North Dakota Missouri-Nebraska border; south to north of Zone 3. High Plains Unit: That portion of the Kansas-Nebraska border; west along Zone 3: Area bounded by designated State south and west of a line beginning Kansas-Nebraska border to Colorado- Federal and State highways, County at the junction of U.S. Hwy 83 and the Nebraska border; north and west to roads, and political boundaries South Dakota State line, then north Wyoming-Nebraska border; north to beginning at the Wyoming-Nebraska along U.S. Hwy 83 and I–94 to ND Hwy intersection of Interstate Canal; and border at the intersection of the 41, then north on ND Hwy 41 to ND excluding that area in Zone 4. Interstate Canal; east along northern Hwy 53, then west on ND Hwy 53 to borders of Scotts Bluff and Morrill Zone 4: Area encompassed by U.S. Hwy 83, then north on U.S. Hwy Counties to Broadwater Road; south to designated Federal and State highways 83 to U.S. Hwy 2, then west on U.S. Morrill County Rd 94; east to County Rd and County roads beginning at the Hwy 2 to the Williams County line, then 135; south to County Rd 88; southeast intersection of NE Hwy 8 and U.S. Hwy north and west along the Williams and to County Rd 151; south to County Rd 75; north to U.S. Hwy 136; east to the Divide County lines to the Canadian 80; east to County Rd 161; south to intersection of U.S. Hwy 136 and the border. County Rd 76; east to County Rd 165; Steamboat Trace (Trace); north along the Low Plains Unit: The remainder of south to County Rd 167; south to U.S. Trace to the intersection with Federal North Dakota. Hwy 26; east to County Rd 171; north Levee R–562; north along Federal Levee to County Rd 68; east to County Rd 183; R–562 to the intersection with Nemaha Oklahoma south to County Rd 64; east to County County Rd 643A; south to the Trace; High Plains Zone: The Counties of Rd 189; north to County Rd 70; east to north along the Trace/Burlington Beaver, Cimarron, and Texas. County Rd 201; south to County Rd Northern Railroad right-of-way to NE Low Plains Zone 1: That portion of the 60A; east to County Rd 203; south to Hwy 2; west to U.S. Hwy 75; north to State east of the High Plains Zone and County Rd 52; east to Keith County NE Hwy 2; west to NE Hwy 50; north north of a line extending east from the Line; east along the northern boundaries to U.S. Hwy 34; west to NE Hwy 63; Texas State line along OK 33 to OK 47, of Keith and Lincoln Counties to NE north to NE Hwy 66; north and west to east along OK 47 to U.S. 183, south Hwy 97; south to U.S. Hwy 83; south to U.S. Hwy 77; north to NE Hwy 92; west along U.S. 183 to I–40, east along I–40 E Hall School Rd; east to N Airport to NE Hwy Spur 12F; south to Butler to U.S. 177, north along U.S. 177 to OK Road; south to U.S. Hwy 30; east to NE County Rd 30; east to County Rd X; 33, east along OK 33 to OK 18, north Hwy 47; north to Dawson County Rd south to County Rd 27; west to County along OK 18 to OK 51, west along OK 769; east to County Rd 423; south to Rd W; south to County Rd 26; east to 51 to I–35, north along I–35 to U.S. 412, County Rd 766; east to County Rd 428; County Rd X; south to County Rd 21 west along U.S. 412 to OK 132, then south to County Rd 763; east to NE Hwy (Seward County Line); west to NE Hwy north along OK 132 to the Kansas State 21 (Adams Street); south to County Rd 15; north to County Rd 34; west to line.

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Low Plains Zone 2: The remainder of Zone C3: Albany and Laramie Road to Wiley Well; southeast on Oklahoma. Counties; and that portion of Carbon Milpitas Wash Road to the Blythe, County east of the Continental Divide. Brawley, Davis Lake intersections; south South Dakota on Blythe Ogilby Road also known as Pacific Flyway High Plains Zone: That portion of the County Highway 34 to its intersection State west of a line beginning at the Arizona with Ogilby Road; south on Ogilby Road North Dakota State line and extending North Zone: Game Management Units to its intersection with Interstate 8; east south along U.S. 83 to U.S. 14, east on 1–5, those portions of Game 7 miles on Interstate 8 to its intersection U.S. 14 to Blunt, south on the Blunt- Management Units 6 and 8 within with the Andrade-Algodones Road/ Canning Rd to SD 34, east and south on Coconino County, and Game Highway 186; south on Highway 186 to SD 34 to SD 50 at Lee’s Corner, south Management Units 7, 9, and 12A. its intersection with the U.S. Mexico on SD 50 to I–90, east on I–90 to SD 50, South Zone: Those portions of Game border at Los Algodones, Mexico. south on SD 50 to SD 44, west on SD Management Units 6 and 8 in Yavapai Southern Zone: That portion of 44 across the Platte-Winner bridge to SD County, and Game Management Units southern California (but excluding the 47, south on SD 47 to U.S. 18, east on 10 and 12B–45. Colorado River zone) south and east of U.S. 18 to SD 47, south on SD 47 to the a line beginning at the mouth of the California Nebraska State line. Santa Maria River at the Pacific Ocean; North Zone: That portion of Northeastern Zone: That portion of east along the Santa Maria River to northeastern South Dakota east of the California lying east and north of a line where it crosses Highway 101–166 near High Plains Unit and north of a line beginning at the intersection of the City of Santa Maria; north on extending east along U.S. 212 to the Interstate 5 with the California-Oregon Highway 101–166; east on Highway 166 Minnesota State line. line; south along Interstate 5 to its to the junction with Highway 99; south South Zone: That portion of Gregory junction with Walters Lane south of the on Highway 99 to the junction of County east of SD 47 and south of SD town of Yreka; west along Walters Lane Interstate 5; south on Interstate 5 to the 44; Charles Mix County south of SD 44 to its junction with Easy Street; south crest of the Tehachapi Mountains at to the Douglas County line; south on SD along Easy Street to the junction with Tejon Pass; east and north along the 50 to Geddes; east on the Geddes Old Highway 99; south along Old crest of the Tehachapi Mountains to Highway to U.S. 281; south on U.S. 281 Highway 99 to the point of intersection where it intersects Highway 178 at and U.S. 18 to SD 50; south and east on with Interstate 5 north of the town of Walker Pass; east on Highway 178 to the SD 50 to the Bon Homme County line; Weed; south along Interstate 5 to its junction of Highway 395 at the town of the Counties of Bon Homme, Yankton, junction with Highway 89; east and Inyokern; south on Highway 395 to the and Clay south of SD 50; and Union south along Highway 89 to Main Street junction of Highway 58; east on County south and west of SD 50 and I– Greenville; north and east to its junction Highway 58 to the junction of Interstate 29. with North Valley Road; south to its 15; east on Interstate 15 to the junction Middle Zone: The remainder of South junction of Diamond Mountain Road; with Highway 127; north on Highway Dakota. north and east to its junction with North 127 to the point of intersection with the Arm Road; south and west to the California-Nevada State line. Texas junction of North Valley Road; south to Southern San Joaquin Valley Zone: the junction with Arlington Road (A22); High Plains Zone: That portion of the All of Kings and Tulare Counties and west to the junction of Highway 89; State west of a line extending south that portion of Kern County north of the south and west to the junction of from the Oklahoma State line along U.S. Southern Zone. Highway 70; east on Highway 70 to 183 to Vernon, south along U.S. 283 to Highway 395; south and east on Balance of State Zone: The remainder Albany, south along TX 6 to TX 351 to Highway 395 to the point of intersection of California not included in the Abilene, south along U.S. 277 to Del with the California-Nevada State line; Northeastern, Colorado River, Southern, Rio, then south along the Del Rio north along the California-Nevada State and the Southern San Joaquin Valley International Toll Bridge access road to line to the junction of the California- Zones. the Mexico border. Nevada-Oregon State lines; west along Colorado (Pacific Flyway Portion) Low Plains North Zone: That portion the California-Oregon State line to the of northeastern Texas east of the High point of origin. Eastern Zone: Routt, Grand, Summit, Plains Zone and north of a line Colorado River Zone: Those portions Eagle, and Pitkin Counties, those beginning at the International Toll of San Bernardino, Riverside, and portions of Saguache, San Juan, Bridge south of Del Rio, then extending Imperial Counties east of a line from the Hinsdale, and Mineral Counties west of east on U.S. 90 to San Antonio, then intersection of Highway 95 with the the Continental Divide, those portions continuing east on I–10 to the Louisiana California-Nevada State line; south on of Gunnison County except the North State line at Orange, Texas. Highway 95 through the junction with Fork of the Gunnison River Valley Low Plains South Zone: The Highway 40; south on Highway 95 to (Game Management Units 521, 53, and remainder of Texas. Vidal Junction; south through the town 63), and that portion of Moffat County east of the northern intersection of Wyoming (Central Flyway Portion) of Rice to the San Bernardino-Riverside County line on a road known as Moffat County Road 29 with the Moffat- Zone C1: Big Horn, Converse, Goshen, ‘‘Aqueduct Road’’ also known as Routt County line, south along Moffat Hot Springs, Natrona, Park, Platte, and Highway 62 in San Bernardino County; County Road 29 to the intersection of Washakie Counties; and Fremont southwest on Highway 62 to Desert Moffat County Road 29 with the Moffat- County excluding the portions west or Center Rice Road; south on Desert Routt County line (Elkhead Reservoir south of the Continental Divide. Center Rice Road/Highway 177 to the State Park). Zone C2: Campbell, Crook, Johnson, town of Desert Center; east 31 miles on Western Zone: All areas west of the Niobrara, Sheridan, and Weston Interstate 10 to its intersection with Continental Divide not included in the Counties. Wiley Well Road; south on Wiley Well Eastern Zone.

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Idaho West Zone: The remainder of Coastal NAP–L Zone: Same as Coastal Washington not included in the East Zone for ducks. Zone 1: All lands and waters within Zone. South NAP–H Zone: Same as South the Fort Hall Indian Reservation, Zone for ducks. including private in-holdings; Bannock Wyoming (Pacific Flyway Portion) County; Bingham County except that Snake River Zone: Beginning at the Maryland portion within the Blackfoot Reservoir south boundary of Yellowstone National Early Canada Goose Seasons drainage; Caribou County within the Park and the Continental Divide; south Fort Hall Indian Reservation; and Power Eastern Unit: Calvert, Caroline, Cecil, along the Continental Divide to Union Dorchester, Harford, Kent, Queen County east of State Highway 37 and Pass and the Union Pass Road (U.S.F.S. State Highway 39. Anne’s, St. Mary’s, Somerset, Talbot, Road 600); west and south along the Wicomico, and Worcester Counties; and Zone 2: Bear Lake, Bonneville, Butte, Union Pass Road to U.S.F.S. Road 605; Clark, Fremont, Jefferson, Madison, and that part of Anne Arundel County east south along U.S.F.S. Road 605 to the of Interstate 895, Interstate 97, and Teton Counties; Bingham County within Bridger-Teton National Forest boundary; the Blackfoot Reservoir drainage; and Route 3; that part of Prince George’s along the national forest boundary to the County east of Route 3 and Route 301; Caribou County except within the Fort Idaho State line; north along the Idaho Hall Indian Reservation. and that part of Charles County east of State line to the south boundary of Route 301 to the Virginia State line. Zone 3: Ada, Adams, Benewah, Yellowstone National Park; east along Western Unit: Allegany, Baltimore, Blaine, Boise, Bonner, Boundary, the Yellowstone National Park boundary Carroll, Frederick, Garrett, Howard, Camas, Canyon, Cassia, Clearwater, to the Continental Divide. Montgomery, and Washington Counties Custer, Elmore, Franklin, Gem, Gooding, Balance of State Zone: The remainder and that part of Anne Arundel County Idaho, Jerome, Kootenai, Latah, Lemhi, of the Pacific Flyway portion of west of Interstate 895, Interstate 97, and Lewis, Lincoln, Minidoka, Nez Perce, Wyoming not included in the Snake Route 3; that part of Prince George’s Oneida, Owyhee, Payette, Shoshone, River Zone. County west of Route 3 and Route 301; Twin Falls, and Washington Counties; Geese and that part of Charles County west of and Power County west of State Route 301 to the Virginia State line. Highway 37 and State Highway 39. Atlantic Flyway Regular Seasons Zone 4: Valley County. Connecticut Nevada Resident Population (RP) Zone: Early Canada Goose Seasons Allegany, Frederick, Garrett, Northeast Zone: Elko and White Pine South Zone: Same as for ducks. Montgomery, and Washington Counties; Counties. North Zone: Same as for ducks. that portion of Prince George’s County Northwest Zone: Carson City, Regular Seasons west of Route 3 and Route 301; that Churchill, Douglas, Esmeralda, Eureka, portion of Charles County west of Route Humboldt, Lander, Lyon, Mineral, Nye, AP Unit: Litchfield County and the 301 to the Virginia State line; and that Pershing, Storey, and Washoe Counties. portion of Hartford County west of a portion of Carroll County west of Route South Zone: Clark and Lincoln line beginning at the Massachusetts 31 to the intersection of Route 97, and Counties. border in Suffield and extending south west of Route 97 to the Pennsylvania along Route 159 to its intersection with Moapa Valley Special Management State line. I–91 in Hartford, and then extending Area: That portion of Clark County AP Zone: Remainder of the State. south along I–91 to its intersection with including the Moapa Valley to the the Hartford-Middlesex County line. Massachusetts confluence of the Muddy and Virgin NAP H–Unit: That part of the State Rivers. NAP Zone: Central and Coastal Zones east of a line beginning at the (see duck zones). Oregon Massachusetts border in Suffield and AP Zone: The Western Zone (see duck extending south along Route 159 to its Zone 1: Benton, Clackamas, Clatsop, zones). intersection with I–91 in Hartford and Columbia, Coos, Curry, Douglas, Special Late Season Area: The Central then extending south along I–91 to State Gilliam, Hood River, Jackson, Josephine, Zone and that portion of the Coastal Street in New Haven; then south on Lane, Lincoln, Linn, Marion, Morrow, Zone (see duck zones) that lies north of State Street to Route 34, west on Route Multnomah, Polk, Sherman, Tillamook, the Cape Cod Canal, north to the New 34 to Route 8, south along Route 8 to Umatilla, Wasco, Washington, and Hampshire State line. Route 110, south along Route 110 to Yamhill, Counties. Route 15, north along Route 15 to the New Hampshire Zone 2: The remainder of Oregon not Milford Parkway, south along the Same zones as for ducks. included in Zone 1. Milford Parkway to I–95, north along I– New Jersey Utah 95 to the intersection with the east shore of the Quinnipiac River, south to the AP Zone: North and South Zones (see Northern Zone: Box Elder, Cache, mouth of the Quinnipiac River, and duck zones). Daggett, Davis, Duchesne, Morgan, Rich, then south along the eastern shore of NAP Zone: The Coastal Zone (see Salt Lake, Summit, Uintah, Utah, New Haven Harbor to the Long Island duck zones). Wasatch, and Weber Counties, and that Sound. Special Late Season Area: In northern part of Toole County north of I–80. Atlantic Flyway Resident Population New Jersey, that portion of the State Southern Zone: The remainder of (AFRP) Unit: Remainder of the State not within a continuous line that runs east Utah not included in Zone 1. included in AP and NAP Units. along the New York State boundary line to the Hudson River; then south along Washington South Zone: Same as for ducks. the New York State boundary to its East Zone: All areas east of the Pacific Maine intersection with Route 440 at Perth Crest Trail and east of the Big White North NAP–H Zone: Same as North Amboy; then west on Route 440 to its Salmon River in Klickitat County. Zone for ducks. intersection with Route 287; then west

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along Route 287 to its intersection with the New York-Vermont boundary, Thruway, east along the Thruway 90 to Route 206 in Bedminster (Exit 18); then exclusive of the Lake Champlain Zone. Route 98 (at Thruway Exit 48) in north along Route 206 to its intersection East Central Goose Area: That area of Batavia, south along Route 98 to Route with Route 94; then west along Route 94 New York State lying inside of a 20, east along Route 20 to Route 19 in to the toll bridge in Columbia; then continuous line extending from Pavilion Center, south along Route 19 to north along the Pennsylvania State Interstate Route 81 in Cicero, east along Route 63, southeast along Route 63 to boundary in the Delaware River to the Route 31 to Route 13, north along Route Route 246, south along Route 246 to beginning point. In southern New 13 to Route 49, east along Route 49 to Route 39 in Perry, northeast along Route Jersey, that portion of the State within Route 365, east along Route 365 to 39 to Route 20A, northeast along Route a continuous line that runs west from Route 28, east along Route 28 to Route 20A to Route 20, east along Route 20 to the Atlantic Ocean at Ship Bottom along 29, east along Route 29 to Route 147 at Route 364 (near Canandaigua), south Route 72 to Route 70; then west along Kimball Corners, south along Route 147 and east along Route 364 to Yates Route 70 to Route 206; then south along to Schenectady County Route 40 (West County Route 18 (Italy Valley Road), Route 206 to Route 536; then west along Glenville Road), west along Route 40 to southwest along Route 18 to Yates Route 536 to Route 322; then west along Touareuna Road, south along Touareuna County Route 34, east along Route 34 to Route 322 to Route 55; then south along Road to Schenectady County Route 59, Yates County Route 32, south along Route 55 to Route 553 (Buck Road); then south along Route 59 to State Route 5, Route 32 to Steuben County Route 122, south along Route 553 to Route 40; then east along Route 5 to the Lock 9 bridge, south along Route 122 to Route 53, east along Route 40 to route 55; then southwest along the Lock 9 bridge to south along Route 53 to Steuben County south along Route 55 to Route 552 Route 5S, southeast along Route 5S to Route 74, east along Route 74 to Route (Sherman Avenue); then west along Schenectady County Route 58, 54A (near Pulteney), south along Route Route 552 to Carmel Road; then south southwest along Route 58 to the NYS 54A to Steuben County Route 87, east along Carmel Road to Route 49; then Thruway, south along the Thruway to along Route 87 to Steuben County Route east along Route 49 to Route 555; then Route 7, southwest along Route 7 to 96, east along Route 96 to Steuben south along Route 555 to Route 553; Schenectady County Route 103, south County Route 114, east along Route 114 then east along Route 553 to Route 649; along Route 103 to Route 406, east along to Schuyler County Route 23, east and then north along Route 649 to Route Route 406 to Schenectady County Route southeast along Route 23 to Schuyler 670; then east along Route 670 to Route 99 (Windy Hill Road), south along Route County Route 28, southeast along Route 47; then north along Route 47 to Route 99 to Dunnsville Road, south along 28 to Route 409 at Watkins Glen, south 548; then east along Route 548 to Route Dunnsville Road to Route 397, along Route 409 to Route 14, south 49; then east along Route 49 to Route 50; southwest along Route 397 to Route 146 along Route 14 to Route 224 at Montour then south along Route 50 to Route 9; at Altamont, west along Route 146 to Falls, east along Route 224 to Route 228 then south along Route 9 to Route 625 Albany County Route 252, northwest in Odessa, north along Route 228 to (Sea Isle City Boulevard); then east along Route 252 to Schenectady County Route 79 in Mecklenburg, east along along Route 625 to the Atlantic Ocean; Route 131, north along Route 131 to Route 79 to Route 366 in Ithaca, then north to the beginning point. Route 7, west along Route 7 to Route 10 northeast along Route 366 to Route 13, at Richmondville, south on Route 10 to New York northeast along Route 13 to Interstate Route 23 at Stamford, west along Route Route 81 in Cortland, north along Route Lake Champlain Goose Area: The 23 to Route 7 in Oneonta, southwest 81 to the north shore of the Salmon same as the Lake Champlain Waterfowl along Route 7 to Route 79 to Interstate River to shore of Lake Ontario, Hunting Zone, which is that area of New Route 88 near Harpursville, west along extending generally northwest in a York State lying east and north of a Route 88 to Interstate Route 81, north straight line to the nearest point of the continuous line extending along Route along Route 81 to the point of international boundary with Canada, 11 from the New York-Canada beginning. International boundary south to Route West Central Goose Area: That area of south and west along the international 9B, south along Route 9B to Route 9, New York State lying within a boundary to the point of beginning. south along Route 9 to Route 22 south continuous line beginning at the point Hudson Valley Goose Area: That area of Keeseville, south along Route 22 to where the northerly extension of Route of New York State lying within a the west shore of South Bay along and 269 (County Line Road on the Niagara- continuous line extending from Route 4 around the shoreline of South Bay to Orleans County boundary) meets the at the New York-Vermont boundary, Route 22 on the east shore of South Bay, International boundary with Canada, west and south along Route 4 to Route southeast along Route 22 to Route 4, south to the shore of Lake Ontario at the 149 at Fort Ann, west on Route 149 to northeast along Route 4 to the New eastern boundary of Golden Hill State Route 9, south along Route 9 to York-Vermont boundary. Park, south along the extension of Route Interstate Route 87 (at Exit 20 in Glens Northeast Goose Area: The same as 269 and Route 269 to Route 104 at Falls), south along Route 87 to Route 29, the Northeastern Waterfowl Hunting Jeddo, west along Route 104 to Niagara west along Route 29 to Route 147 at Zone, which is that area of New York County Route 271, south along Route Kimball Corners, south along Route 147 State lying north of a continuous line 271 to Route 31E at Middleport, south to Schenectady County Route 40 (West extending from Lake Ontario east along along Route 31E to Route 31, west along Glenville Road), west along Route 40 to the north shore of the Salmon River to Route 31 to Griswold Street, south along Touareuna Road, south along Touareuna Interstate 81, south along Interstate 81 to Griswold Street to Ditch Road, south Road to Schenectady County Route 59, Route 31, east along Route 31 to Route along Ditch Road to Foot Road, south south along Route 59 to State Route 5, 13, north along Route 13 to Route 49, along Foot Road to the north bank of east along Route 5 to the Lock 9 bridge, east along Route 49 to Route 365, east Tonawanda Creek, west along the north southwest along the Lock 9 bridge to along Route 365 to Route 28, east along bank of Tonawanda Creek to Route 93, Route 5S, southeast along Route 5S to Route 28 to Route 29, east along Route south along Route 93 to Route 5, east Schenectady County Route 58, 29 to Route 22 at Greenwich Junction, along Route 5 to Crittenden-Murrays southwest along Route 58 to the NYS north along Route 22 to Washington Corners Road, south on Crittenden- Thruway, south along the Thruway to County Route 153, east along CR 153 to Murrays Corners Road to the NYS Route 7, southwest along Route 7 to

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Schenectady County Route 103, south Roanoke Avenue (which becomes I–81 to intersection of I–80, and south along Route 103 to Route 406, east along County Route 73) to State Route 25; then of I–80 to the New Jersey State line. Route 406 to Schenectady County Route west on Route 25 to Peconic Avenue; SJBP Zone: The area north of I–80 and 99 (Windy Hill Road), south along Route then south on Peconic Avenue to west of I–79 including in the city of Erie 99 to Dunnsville Road, south along County Route (CR) 104 (Riverleigh west of Bay Front Parkway to and Dunnsville Road to Route 397, Avenue); then south on CR 104 to CR 31 including the Lake Erie Duck zone (Lake southwest along Route 397 to Route 146 (Old Riverhead Road); then south on CR Erie, Presque Isle, and the area within at Altamont, southeast along Route 146 31 to Oak Street; then south on Oak 150 yards of the Lake Erie Shoreline). to Main Street in Altamont, west along Street to Potunk Lane; then west on AP Zone: The area east of route SR 97 Main Street to Route 156, southeast Stevens Lane; then south on Jessup from Maryland State Line to the along Route 156 to Albany County Avenue (in Westhampton Beach) to intersection of SR 194, east of SR 194 to Route 307, southeast along Route 307 to Dune Road (CR 89); then due south to intersection of U.S. Route 30, south of Route 85A, southwest along Route 85A international waters. U.S. Route 30 to SR 441, east of SR 441 to Route 85, south along Route 85 to Western Long Island Goose Area (RP to SR 743, east of SR 743 to intersection Route 443, southeast along Route 443 to Area): That area of Westchester County of I–81, east of I–81 to intersection of I– Albany County Route 301 at Clarksville, and its tidal waters southeast of 80, south of I–80 to New Jersey State southeast along Route 301 to Route 32, Interstate Route 95 and that area of line. south along Route 32 to Route 23 at Nassau and Suffolk Counties lying west Cairo, west along Route 23 to Joseph of a continuous line extending due Rhode Island Chadderdon Road, southeast along south from the New York-Connecticut Special Area for Canada Geese: Kent Joseph Chadderdon Road to Hearts boundary to the northernmost end of and Providence Counties and portions Content Road (Greene County Route 31), Sound Road (just east of Wading River of the towns of Exeter and North southeast along Route 31 to Route 32, Marsh); then south on Sound Road to Kingston within Washington County south along Route 32 to Greene County North Country Road; then west on North (see State regulations for detailed Route 23A, east along Route 23A to Country Road to Randall Road; then descriptions). Interstate Route 87 (the NYS Thruway), south on Randall Road to Route 25A, south along Route 87 to Route 28 (Exit then west on Route 25A to the Sunken South Carolina 19) near Kingston, northwest on Route Meadow State Parkway; then south on Canada Goose Area: Statewide except 28 to Route 209, southwest on Route the Sunken Meadow Parkway to the for the following area: 209 to the New York-Pennsylvania Sagtikos State Parkway; then south on East of U.S. 301: That portion of boundary, southeast along the New the Sagtikos Parkway to the Robert Clarendon County bounded to the north York-Pennsylvania boundary to the New Moses State Parkway; then south on the by S–14–25, to the east by Hwy 260, and York-New Jersey boundary, southeast Robert Moses Parkway to its to the south by the markers delineating along the New York-New Jersey southernmost end; then due south to the channel of the Santee River. boundary to Route 210 near Greenwood international waters. Lake, northeast along Route 210 to Central Long Island Goose Area (NAP West of U.S. 301: That portion of Orange County Route 5, northeast along Low Harvest Area): That area of Suffolk Clarendon County bounded on the north Orange County Route 5 to Route 105 in County lying between the Western and by S–14–26 extending southward to that the Village of Monroe, east and north Eastern Long Island Goose Areas, as portion of Orangeburg County bordered along Route 105 to Route 32, northeast defined above. by Hwy 6. along Route 32 to Orange County Route South Goose Area: The remainder of Vermont 107 (Quaker Avenue), east along Route New York State, excluding New York 107 to Route 9W, north along Route 9W City. Same zones as for ducks. to the south bank of Moodna Creek, Virginia southeast along the south bank of North Carolina Moodna Creek to the New Windsor- Northeast Hunt Unit: Includes the AP Zone: The area east and south of Cornwall town boundary, northeast following counties or portions of the following line—the Stafford County along the New Windsor-Cornwall town counties: Bertie (that portion north and line from the Potomac River west to boundary to the Orange-Dutchess east of a line formed by NC 45 at the Interstate 95 at Fredericksburg, then County boundary (middle of the Hudson Washington County line to U.S. 17 in south along Interstate 95 to Petersburg, River), north along the county boundary Midway, U.S. 17 in Midway to U.S. 13 then Route 460 (SE) to City of Suffolk, to Interstate Route 84, east along Route in Windsor, U.S. 13 in Windsor to the then south along Route 32 to the North 84 to the Dutchess-Putnam County Hertford County line), Camden, Carolina line. boundary, east along the county Chowan, Currituck, Dare, Hyde, SJBP Zone: The area to the west of the boundary to the New York-Connecticut Pasquotank, Perquimans, Tyrrell, and AP Zone boundary and east of the boundary, north along the New York- Washington. following line: the ‘‘Blue Ridge’’ Connecticut boundary to the New York- RP Hunt Zone: Remainder of the (mountain spine) at the West Virginia- Massachusetts boundary, north along State. Virginia Border (Loudoun County– the New York-Massachusetts boundary Clarke County line) south to Interstate to the New York-Vermont boundary, Pennsylvania 64 (the Blue Ridge line follows county north to the point of beginning. Resident Canada Goose Zone: All of borders along the western edge of Eastern Long Island Goose Area (NAP Pennsylvania except for SJBP Zone and Loudoun-Fauquier-Rappahannock- High Harvest Area): That area of Suffolk the area east of route SR 97 from the Madison-Greene-Albemarle and into County lying east of a continuous line Maryland State Line to the intersection Nelson Counties), then east along extending due south from the New of SR 194, east of SR 194 to intersection Interstate Rte. 64 to Route 15, then south York–Connecticut boundary to the of U.S. Route 30, south of U.S. Route 30 along Rte. 15 to the North Carolina line. northernmost end of Roanoke Avenue in to SR 441, east of SR 441 to SR 743, east RP Zone: The remainder of the State the Town of Riverhead; then south on of SR 743 to intersection of I–81, east of west of the SJBP Zone.

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Mississippi Flyway South Central September Canada south along Taft Avenue to County Road Arkansas Goose Zone: The remainder of the State F62; then west along County Road F62 between the south border of the Central to Kansas Avenue; then north along Northwest Zone: Baxter, Benton, September Canada Goose Zone and the Kansas Avenue to Black Diamond Road; Boone, Carroll, Conway, Crawford, north border of the South September then west on Black Diamond Road to Faulkner, Franklin, Johnson, Logan, Canada Goose Zone. Jasper Avenue; then north along Jasper Madison, Marion, Newton, Perry, Pope, Avenue to Rohert Road; then west along Regular Seasons Pulaski, Searcy, Sebastian, Scott, Van Rohert Road to Ivy Avenue; then north Buren, Washington, and Yell Counties. North Zone: That portion of the State along Ivy Avenue to 340th Street; then Remainder of State: That portion of north of a line extending west from the west along 340th Street to Half Moon the State outside of the Northwest Zone. Indiana border along Interstate 80 to I– Avenue; then north along Half Moon 39, south along I–39 to Illinois Route 18, Avenue to Highway 6; then west along Illinois west along Illinois Route 18 to Illinois Highway 6 to Echo Avenue; then north Early Canada Goose Seasons Route 29, south along Illinois Route 29 along Echo Avenue to 250th Street; then to Illinois Route 17, west along Illinois North September Canada Goose Zone: east on 250th Street to Green Castle Route 17 to the Mississippi River, and That portion of the State north of a line Avenue; then north along Green Castle due south across the Mississippi River extending west from the Indiana border Avenue to County Road F12; then west to the Iowa border. along Interstate 80 to I–39, south along along County Road F12 to County Road Central Zone: That portion of the W30; then north along County Road I–39 to Illinois Route 18, west along State south of the North Goose Zone line Illinois Route 18 to Illinois Route 29, W30 to Highway 151; then north along to a line extending west from the the Linn-Benton County line to the south along Illinois Route 29 to Illinois Indiana border along I–70 to Illinois Route 17, west along Illinois Route 17 point of beginning. Route 4, south along Illinois Route 4 to Des Moines Goose Zone: Includes to the Mississippi River, and due south Illinois Route 161, west along Illinois those portions of Polk, Warren, across the Mississippi River to the Iowa Route 161 to Illinois Route 158, south Madison, and Dallas Counties bounded border. and west along Illinois Route 158 to as follows: Beginning at the intersection Central September Canada Goose Illinois Route 159, south along Illinois of Northwest 158th Avenue and County Zone: That portion of the State south of Route 159 to Illinois Route 3, south Road R38 in Polk County; then south the North September Canada Goose along Illinois Route 3 to St. Leo’s Road, along R38 to Northwest 142nd Avenue; Zone line to a line extending west from south along St. Leo’s road to Modoc then east along Northwest 142nd the Indiana border along I–70 to Illinois Road, west along Modoc Road to Modoc Avenue to Northeast 126th Avenue; Route 4, south along Illinois Route 4 to Ferry Road, southwest along Modoc then east along Northeast 126th Avenue Illinois Route 161, west along Illinois Ferry Road to Levee Road, southeast to Northeast 46th Street; then south Route 161 to Illinois Route 158, south along Levee Road to County Route 12 along Northeast 46th Street to Highway and west along Illinois Route 158 to (Modoc Ferry entrance Road), south 931; then east along Highway 931 to Illinois Route 159, south along Illinois along County Route 12 to the Modoc Northeast 80th Street; then south along Route 159 to Illinois Route 3, south Ferry route and southwest on the Modoc Northeast 80th Street to Southeast 6th along Illinois Route 3 to St. Leo’s Road, Ferry route across the Mississippi River Avenue; then west along Southeast 6th south along St. Leo’s road to Modoc to the Missouri border. Avenue to Highway 65; then south and Road, west along Modoc Road to Modoc South Zone: Same zone as for ducks. west along Highway 65 to Highway 69 Ferry Road, southwest along Modoc South Central Zone: Same zone as for in Warren County; then south along Ferry Road to Levee Road, southeast ducks. Highway 69 to County Road G24; then along Levee Road to County Route 12 Indiana west along County Road G24 to (Modoc Ferry entrance Road), south Highway 28; then southwest along Same zones as for ducks. along County Route 12 to the Modoc Highway 28 to 43rd Avenue; then north Ferry route and southwest on the Modoc Iowa along 43rd Avenue to Ford Street; then Ferry route across the Mississippi River Early Canada Goose Seasons west along Ford Street to Filmore Street; to the Missouri border. then west along Filmore Street to 10th South September Canada Goose Zone: Cedar Rapids/Iowa City Goose Zone: Avenue; then south along 10th Avenue That portion of the State south and east Includes portions of Linn and Johnson to 155th Street in Madison County; then of a line extending west from the Counties bounded as follows: Beginning west along 155th Street to Cumming Indiana border along Interstate 70, south at the intersection of the west border of Road; then north along Cumming Road along U.S. Highway 45, to Illinois Route Linn County and Linn County Road to Badger Creek Avenue; then north 13, west along Illinois Route 13 to E2W; then south and east along County along Badger Creek Avenue to County Greenbriar Road, north on Greenbriar Road E2W to Highway 920; then north Road F90 in Dallas County; then east Road to Sycamore Road, west on along Highway 920 to County Road E16; along County Road F90 to County Road Sycamore Road to N. Reed Station Road, then east along County Road E16 to R22; then north along County Road R22 south on N. Reed Station Road to County Road W58; then south along to Highway 44; then east along Highway Illinois Route 13, west along Illinois County Road W58 to County Road E34; 44 to County Road R30; then north Route 13 to Illinois Route 127, south then east along County Road E34 to along County Road R30 to County Road along Illinois Route 127 to State Forest Highway 13; then south along Highway F31; then east along County Road F31 Road (1025 N), west along State Forest 13 to Highway 30; then east along to Highway 17; then north along Road to Illinois Route 3, north along Highway 30 to Highway 1; then south Highway 17 to Highway 415 in Polk Illinois Route 3 to the south bank of the along Highway 1 to Morse Road in County; then east along Highway 415 to Big Muddy River, west along the south Johnson County; then east along Morse Northwest 158th Avenue; then east bank of the Big Muddy River to the Road to Wapsi Avenue; then south along Northwest 158th Avenue to the Mississippi River, west across the along Wapsi Avenue to Lower West point of beginning. Mississippi River to the Missouri Branch Road; then west along Lower Cedar Falls/Waterloo Goose Zone: border. West Branch Road to Taft Avenue; then Includes those portions of Black Hawk

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County bounded as follows: Beginning Ohio Nebraska at the intersection of County Roads C66 Dark Geese and V49 in Black Hawk County, then Same zones as for ducks. south along County Road V49 to County Tennessee Niobrara Unit: That area contained Road D38, then west along County Road within and bounded by the intersection D38 to State Highway 21, then south Reelfoot Zone: The lands and waters of the South Dakota State line and the along State Highway 21 to County Road within the boundaries of Reelfoot Lake eastern Cherry County line, south along D35, then west along County Road D35 WMA only. the Cherry County line to the Niobrara to Grundy Road, then north along Remainder of State: The remainder of River, east to the Norden Road, south on Grundy Road to County Road D19, then the State. the Norden Road to U.S. Hwy 20, east along U.S. Hwy 20 to NE Hwy 14, north west along County Road D19 to Butler Wisconsin Road, then north along Butler Road to along NE Hwy 14 to NE Hwy 59 and County Road C57, then north and east Early Canada Goose Seasons County Road 872, west along County along County Road C57 to U.S. Highway Early-Season Subzone A: That portion Road 872 to the Knox County Line, 63, then south along U.S. Highway 63 to of the State encompassed by a line north along the Knox County Line to the County Road C66, then east along beginning at the intersection of U.S. South Dakota State line. Where the County Road C66 to the point of Highway 141 and the Michigan border Niobrara River forms the boundary, both beginning. near Niagara, then south along U.S. 141 banks of the river are included in the Niobrara Unit. Regular Seasons to State Highway 22, west and southwest along State 22 to U.S. 45, East Unit: That area north and east of Same zones as for ducks. south along U.S. 45 to State 22, west U.S. 81 at the Kansas-Nebraska State Louisiana and south along State 22 to State 110, line, north to NE Hwy 91, east to U.S. south along State 110 to U.S. 10, south 275, south to U.S. 77, south to NE 91, North Zone: That portion of the State east to U.S. 30, east to the Nebraska- north of the line from the Texas border along U.S. 10 to State 49, south along State 49 to State 23, west along State 23 Iowa State line. at Hwy 190/12 east to Hwy 49, then Platte River Unit: That area north and south on Hwy 49 to I–10, then east on to State 73, south along State 73 to State 60, west along State 60 to State 23, west of U.S. 81 at the Kansas-Nebraska I–10 to I–12, then east on I–12 to I–10, State line, north to NE Hwy 91, west then east on I–10 to the Mississippi south along State 23 to State 11, east along State 11 to State 78, then south along NE 91 to NE 11, north to the Holt State line. County line, west along the northern South Zone: Remainder of the State. along State 78 to the Illinois border. Early-Season Subzone B: The border of Garfield, Loup, Blaine, and Michigan remainder of the State. Thomas Counties to the Hooker County line, south along the Thomas-Hooker North Zone: Same as North duck Regular Seasons County lines to the McPherson County zone. line, east along the south border of Middle Zone: Same as Middle duck Same zones as for ducks. Thomas County to the western line of zone. Custer County, south along the Custer- South Zone: Same as South duck Central Flyway Logan County line to NE 92, west to zone. Colorado (Central Flyway Portion) Allegan County Game Management U.S. 83, north to NE 92, west to NE 61, Unit (GMU): That area encompassed by Northern Front Range Area: All areas south along NE 61 to NE 92, west along a line beginning at the junction of 136th in Boulder, Larimer, and Weld Counties NE 92 to U.S. Hwy 26, south along U.S. Avenue and Interstate Highway 196 in from the Continental Divide east along Hwy 26 to Keith County Line, south Lake Town Township and extending the Wyoming border to U.S. 85, south along Keith County Line to the Colorado easterly along 136th Avenue to on U.S. 85 to the Adams County line, State line. Michigan Highway 40, southerly along and all lands in Adams, Arapahoe, Panhandle Unit: That area north and Michigan 40 through the city of Allegan Broomfield, Clear Creek, Denver, west of Keith-Deuel County Line at the to 108th Avenue in Trowbridge Douglas, Gilpin, and Jefferson Counties. Nebraska-Colorado State line, north Township, westerly along 108th Avenue North Park Area: Jackson County. along the Keith County Line to U.S. to 46th Street, northerly along 46th South Park Area: Chaffee, Custer, Hwy 26, west to NE Hwy 92, east to NE Street to 109th Avenue, westerly along Fremont, Lake, Park, and Teller Hwy 61, north along NE Hwy 61 to NE 109th Avenue to I–196 in Casco Counties. Hwy 2, west along NE 2 to the corner formed by Garden-Grant-Sheridan Township, then northerly along I–196 to San Luis Valley Area: All of Alamosa, Counties, west along the north border of the point of beginning. Conejos, Costilla, and Rio Grande Garden, Morrill, and Scotts Bluff Muskegon Wastewater GMU: That Counties, and those portions of Counties to the intersection of the portion of Muskegon County within the Saguache, Mineral, and Hinsdale Interstate Canal, west to the Wyoming boundaries of the Muskegon County Counties east of the Continental Divide. wastewater system, east of the State line. Remainder: Remainder of the Central North-Central Unit: The remainder of Muskegon State Game Area, in sections Flyway portion of Colorado. 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32, the State. Eastern Colorado Late Light Goose T10N R14W, and sections 1, 2, 10, 11, Area: That portion of the State east of Light Geese 12, 13, 14, 24, and 25, T10N R15W, as Interstate Highway 25. posted. Rainwater Basin Light Goose Area: Montana (Central Flyway Portion) The area bounded by the junction of NE Minnesota Hwy 92 and NE Hwy 15, south along NE Same zones as for ducks. Zone 1: Same as Zone 1 for ducks and Hwy 15 to NE Hwy 4, west along NE coots. Hwy 4 to U.S. Hwy 34, west along U.S. Missouri Zone 2: Same as Zone 2 for ducks and Hwy 34 to U.S. Hwy 283, north along Same zones as for ducks. coots. U.S. Hwy 283 to U.S. Hwy 30, east along

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U.S. Hwy 30 to NE Hwy 92, east along Mix-Douglas County boundary; that in San Antonio, then easterly along I– NE Hwy 92 to the beginning. portion of Bon Homme County north of 10 to the Texas-Louisiana border. Remainder of State: The remainder of State Highway 50; those portions of West Goose Zone: The remainder of Nebraska. Yankton and Clay Counties north of a the State. line beginning at the junction of State New Mexico (Central Flyway Portion) Wyoming (Central Flyway Portion) Highway 50 and 306th Street/County Dark Geese Highway 585 in Bon Homme County, Dark Geese Middle Rio Grande Valley Unit: east to U.S. Highway 81, then north on Zone G1: Big Horn, Converse, Hot Sierra, Socorro, and Valencia Counties. U.S. Highway 81 to 303rd Street, then Springs, Natrona, Park, and Washakie Remainder: The remainder of the east on 303rd Street to 444th Avenue, Counties. Central Flyway portion of New Mexico. then south on 444th Avenue to 305th Zone G1A: Goshen and Platte Street, then east on 305th Street/Bluff Counties. North Dakota Road to State Highway 19, then south to Zone G2: Campbell, Crook, Johnson, Missouri River Canada Goose Zone: State Highway 50 and east to the Clay/ Niobrara, Sheridan, and Weston The area within and bounded by a line Union County Line; Aurora, Beadle, Counties. starting where ND Hwy 6 crosses the Brookings, Brown, Butte, Corson, Zone G3: Albany and Laramie South Dakota border; then north on ND Davison, Douglas, Edmunds, Faulk, Counties; and that portion of Carbon Hwy 6 to I–94; then west on I–94 to ND Haakon, Hand, Hanson, Harding, County east of the Continental Divide. Hwy 49; then north on ND Hwy 49 to Hutchinson, Jackson, Jerauld, Jones, Zone G4: Fremont County excluding ND Hwy 200; then west on ND Hwy Kingsbury, Lake, McCook, McPherson, those portions south or west of the 200; then north on ND Hwy 8 to the Meade, Mellette, Miner, Moody, Oglala Continental Divide. Mercer/McLean County line; then east Lakota (formerly Shannon), Sanborn, following the county line until it turns Spink, Todd, Turner, and Ziebach Pacific Flyway south toward Garrison Dam; then east Counties; and those portions of Arizona Minnehaha and Lincoln Counties along a line (including Mallard Island) Same zones as for ducks. of Lake Sakakawea to U.S. Hwy 83; then outside of an area bounded by a line south on U.S. Hwy 83 to ND Hwy 200; beginning at the junction of the South California then east on ND Hwy 200 to ND Hwy Dakota-Minnesota State line and Northeastern Zone: That portion of 41; then south on ND Hwy 41 to U.S. Minnehaha County Highway 122 (254th California lying east and north of a line Hwy 83; then south on U.S. Hwy 83 to Street) west to its junction with beginning at the intersection of I–94; then east on I–94 to U.S. Hwy 83; Minnehaha County Highway 149 (464th Interstate 5 with the California-Oregon then south on U.S. Hwy 83 to the South Avenue), south on Minnehaha County line; south along Interstate 5 to its Dakota border; then west along the Highway 149 (464th Avenue) to junction with Walters Lane south of the South Dakota border to ND Hwy 6. Hartford, then south on Minnehaha town of Yreka; west along Walters Lane Western North Dakota Canada Goose County Highway 151 (463rd Avenue) to to its junction with Easy Street; south Zone: Same as the High Plains Unit for State Highway 42, east on State along Easy Street to the junction with ducks, mergansers and coots, excluding Highway 42 to State Highway 17, south Old Highway 99; south along Old the Missouri River Canada Goose Zone. on State Highway 17 to its junction with Highway 99 to the point of intersection Rest of State: Remainder of North Lincoln County Highway 116 (Klondike with Interstate 5 north of the town of Dakota. Road), and east on Lincoln County Weed; south along Interstate 5 to its Highway 116 (Klondike Road) to the South Dakota junction with Highway 89; east and South Dakota-Iowa State line, then south along Highway 89 to main street Early Canada Goose Seasons north along the South Dakota-Iowa and Greenville; north and east to its junction Special Early Canada Goose Unit: The South Dakota-Minnesota border to the with North Valley Road; south to its Counties of Campbell, Clark, Codington, junction of the South Dakota-Minnesota junction of Diamond Mountain Road; Day, Deuel, Grant, Hamlin, Marshall, State line and Minnehaha County north and east to its junction with North Roberts, Walworth; that portion of Highway 122 (254th Street). Arm Road; south and west to the Perkins County west of State Highway Regular Seasons junction of North Valley Road; south to 75 and south of State Highway 20; that Unit 1: Same as that for the September the junction with Arlington Road (A22); portion of Dewey County north of Canada goose season. west to the junction of Highway 89; Bureau of Indian Affairs Road 8, Bureau Unit 2: Remainder of South Dakota. south and west to the junction of of Indian Affairs Road 9, and the section Unit 3: Bennett County. Highway 70; east on Highway 70 to of U.S. Highway 212 east of the Bureau Highway 395; south and east on of Indian Affairs Road 8 junction; that Texas Highway 395 to the point of intersection portion of Potter County east of U.S. Northeast Goose Zone: That portion of with the California-Nevada State line; Highway 83; that portion of Sully Texas lying east and north of a line north along the California-Nevada State County east of U.S. Highway 83; beginning at the Texas-Oklahoma border line to the junction of the California- portions of Hyde, Buffalo, Brule, and at U.S. 81, then continuing south to Nevada-Oregon State lines west along Charles Mix Counties north and east of Bowie and then southeasterly along U.S. the California-Oregon State line to the a line beginning at the Hughes–Hyde 81 and U.S. 287 to I–35W and I–35 to point of origin. County line on State Highway 34, east the juncture with I–10 in San Antonio, Klamath Basin Special Management to Lees Boulevard, southeast to State then east on I–10 to the Texas-Louisiana Area: Beginning at the intersection of Highway 34, east 7 miles to 350th border. Highway 161 and Highway 97; east on Avenue, south to Interstate 90 on 350th Southeast Goose Zone: That portion Highway 161 to Hill Road; south on Hill Avenue, south and east on State of Texas lying east and south of a line Road to N Dike Road West Side; east on Highway 50 to Geddes, east on 285th beginning at the International Toll N Dike Road West Side until the Street to U.S. Highway 281, and north Bridge at Laredo, then continuing north junction of the Lost River; north on N on U.S. Highway 281 to the Charles following I–35 to the juncture with I–10 Dike Road West Side until the Volcanic

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Legacy Scenic Byway; east on Volcanic with Highway 127; north on Highway Oneida, Owyhee, Payette, Shoshone, Legacy Scenic Byway until N Dike Road 127 to the point of intersection with the Twin Falls, and Washington Counties; East Side; south on the N Dike Road California-Nevada State line. and Power County west of State East Side; continue east on N Dike Road Imperial County Special Management Highway 37 and State Highway 39. East Side to Highway 111; south on Area: The area bounded by a line Zone 4: Bear Lake County; Bingham Highway 111/Great Northern Road to beginning at Highway 86 and the Navy County within the Blackfoot Reservoir Highway 120/Highway 124; west on Test Base Road; south on Highway 86 to drainage; and Caribou County, except Highway 120/Highway 124 to Hill Road; the town of Westmoreland; continue that portion within the Fort Hall Indian south on Hill Road until Lairds Camp through the town of Westmoreland to Reservation. Road; west on Lairds Camp Road until Route S26; east on Route S26 to Zone 5: Valley County. Willow Creek; west and south on Highway 115; north on Highway 115 to White-Fronted Geese Willow Creek to Red Rock Road; west Weist Road; north on Weist Road to on Red Rock Road until Meiss Lake Flowing Wells Road; northeast on Zone 1: All lands and waters within Road/Old State Highway; north on Flowing Wells Road to the Coachella the Fort Hall Indian Reservation, Meiss Lake Road/Old State Highway to Canal; northwest on the Coachella Canal including private in-holdings; Bannock Highway 97; north on Highway 97 to the to Drop 18; a straight line from Drop 18 County; Bingham County except that point of origin. to Frink Road; south on Frink Road to portion within the Blackfoot Reservoir Colorado River Zone: Those portions Highway 111; north on Highway 111 to drainage; Caribou County within the of San Bernardino, Riverside, and Niland Marina Road; southwest on Fort Hall Indian Reservation; and Power Imperial Counties east of a line from the Niland Marina Road to the old Imperial County east of State Highway 37 and intersection of Highway 95 with the County boat ramp and the water line of State Highway 39. California-Nevada State line; south on the Salton Sea; from the water line of Zone 2: Bear Lake, Bonneville, Butte, Highway 95 through the junction with the Salton Sea, a straight line across the Clark, Fremont, Jefferson, Madison, and Highway 40; south on Highway 95 to Salton Sea to the Salinity Control Teton Counties; Bingham County within Vidal Junction; south through the town Research Facility and the Navy Test the Blackfoot Reservoir drainage; and of Rice to the San Bernardino-Riverside Base Road; southwest on the Navy Test Caribou County except within the Fort County line on a road known as Base Road to the point of beginning. Hall Indian Reservation. ‘‘Aqueduct Road’’ also known as Balance of State Zone: The remainder Zone 3: Adams, Benewah, Blaine, Highway 62 in San Bernardino County; of California not included in the Bonner, Boundary, Camas, Clearwater, southwest on Highway 62 to Desert Northeastern, Colorado River, and Custer, Franklin, Idaho, Kootenai, Latah, Center Rice Road; south on Desert Southern Zones. Lemhi, Lewis, Nez Perce, Oneida, and Center Rice Road/Highway 177 to the North Coast Special Management Shoshone Counties; and Power County town of Desert Center; east 31 miles on Area: Del Norte and Humboldt west of State Highway 37 and State Interstate 10 to its intersection with Counties. Highway 39. Zone 4: Ada, Boise, Canyon, Cassia, Wiley Well Road; south on Wiley Well Sacramento Valley Special Elmore, Gem, Gooding, Jerome, Lincoln, Road to Wiley Well; southeast on Management Area: That area bounded Minidoka, Owyhee, Payette, Twin Falls, Milpitas Wash Road to the Blythe, by a line beginning at Willows south on and Washington Counties. Brawley, Davis Lake intersections; south I–5 to Hahn Road; easterly on Hahn Zone 5: Valley County. on Blythe Ogilby Road also known as Road and the Grimes-Arbuckle Road to County Highway 34 to its intersection Grimes; northerly on CA 45 to the Light Geese with Ogilby Road; south on Ogilby Road junction with CA 162; northerly on CA to its intersection with Interstate 8; east Zone 1: All lands and waters within 45/162 to Glenn; and westerly on CA 7 miles on Interstate 8 to its intersection the Fort Hall Indian Reservation, 162 to the point of beginning in with the Andrade-Algodones Road/ including private in-holdings; Bannock Willows. Highway 186; south on Highway 186 to County; Bingham County east of the its intersection with the U.S.-Mexico Colorado (Pacific Flyway Portion) west bank of the Snake River, west of the McTucker boat ramp access road, border at Los Algodones, Mexico. Same zones as for ducks. Southern Zone: That portion of and east of the American Falls Reservoir southern California (but excluding the Idaho bluff, except that portion within the Blackfoot Reservoir drainage; Caribou Colorado River zone) south and east of Canada Geese and Brant a line beginning at the mouth of the County within the Fort Hall Indian Santa Maria River at the Pacific Ocean; Zone 1: All lands and waters within Reservation; and Power County below east along the Santa Maria River to the Fort Hall Indian Reservation, the American Falls Reservoir bluff, and where it crosses Highway 101–166 near including private in-holdings; Bannock within the Fort Hall Indian Reservation. the City of Santa Maria; north on County; Bingham County, except that Zone 2: Franklin and Oneida Highway 101–166; east on Highway 166 portion within the Blackfoot Reservoir Counties; Bingham County west of the to the junction with Highway 99; south drainage; Caribou County within the west bank of the Snake River, east of the on Highway 99 to the junction of Fort Hall Indian Reservation; and Power McTucker boat ramp access road, and Interstate 5; south on Interstate 5 to the County east of State Highway 37 and west of the American Falls Reservoir crest of the Tehachapi Mountains at State Highway 39. bluff; Power County, except below the Tejon Pass; east and north along the Zone 2: Bonneville, Butte, Clark, American Falls Reservoir bluff and crest of the Tehachapi Mountains to Fremont, Jefferson, Madison, and Teton those lands and waters within the Fort where it intersects Highway 178 at Counties. Hall Indian Reservation. Walker Pass; east on Highway 178 to the Zone 3: Ada, Adams, Benewah, Zone 3: Ada, Boise, Canyon, Cassia, junction of Highway 395 at the town of Blaine, Boise, Bonner, Boundary, Elmore, Gem, Gooding, Jerome, Lincoln, Inyokern; south on Highway 395 to the Camas, Canyon, Cassia, Clearwater, Minidoka, Owyhee, Payette, Twin Falls, junction of Highway 58; east on Custer, Elmore, Franklin, Gem, Gooding, and Washington Counties. Highway 58 to the junction of Interstate Idaho, Jerome, Kootenai, Latah, Lemhi, Zone 4: Adams, Benewah, Blaine, 15; east on Interstate 15 to the junction Lewis, Lincoln, Minidoka, Nez Perce, Bonner, Boundary, Camas, Clearwater,

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Custer, Idaho, Kootenai, Latah, Lemhi, Klamath County Zone: Klamath Counties, and that portion of Grays Lewis, Nez Perce, and Shoshone County. Harbor County east of Highway 101 Counties. Harney and Lake County Zone: Area 2 Coastal (Southwest Permit Zone 5: Bear Lake, Bonneville, Butte, Harney and Lake Counties. Zone): Pacific County and that portion Clark, Fremont, Jefferson, Madison, and Malheur County Zone: Malheur of Grays Harbor County west of Teton Counties; Bingham County within County. Highway 101. the Blackfoot Reservoir drainage; and Utah Area 3: All areas west of the Pacific Caribou County except within the Fort Crest Trail and west of the Big White Hall Indian Reservation. East Box Elder County Zone: Salmon River that are not included in Zone 6: Valley County. Boundary begins at the intersection of Areas 1, 2A, and 2B. the eastern boundary of Public Shooting Nevada Area 4: Adams, Benton, Chelan, Grounds Waterfowl Management Area Douglas, Franklin, Grant, Kittitas, Same zones as for ducks. and SR–83 (Promontory Road); east Lincoln, Okanogan, Spokane, and Walla along SR–83 to I–15; south on I–15 to New Mexico (Pacific Flyway Portion) Walla Counties. the Perry access road; southwest along North Zone: The Pacific Flyway this road to the Bear River Bird Refuge Area 5: All areas east of the Pacific portion of New Mexico located north of boundary; west, north, and then east Crest Trail and east of the Big White I–40. along the refuge boundary until it Salmon River that are not included in South Zone: The Pacific Flyway intersects the Public Shooting Grounds Area 4. portion of New Mexico located south of Waterfowl Management Area boundary; I–40. Brant east and north along the Public Shooting Oregon Grounds Waterfowl Management Area Pacific Flyway Northwest Permit Zone: Benton, boundary to SR–83. California Wasatch Front Zone: Boundary begins Clackamas, Clatsop, Columbia, Lane, Northern Zone: Del Norte, Humboldt, at the Weber–Box Elder County line at Lincoln, Linn, Marion, Multnomah, and Mendocino Counties. Polk, Tillamook, Washington, and I–15; east along Weber County line to U.S.–89; south on U.S.–89 to I–84; east Balance of State Zone: The remainder Yamhill Counties. of the State not included in the Lower Columbia/N. Willamette Valley and south on I–84 to I–80; south on I– Northern Zone. Management Area: Those portions of 80 to U.S.–189; south and west on U.S.– Clatsop, Columbia, Multnomah, and 189 to the Utah County line; southeast Washington Washington Counties within the and then west along this line to the Puget Sound Zone: Clallam, Skagit, Northwest Special Permit Zone. Tooele County line; north along the Tillamook County Management Area: Tooele County line to I–80; east on I– and Whatcom Counties. That portion of Tillamook County 80 to Exit 99; north from Exit 99 along Coastal Zone: Pacific County. a direct line to the southern tip of beginning at the point where Old Woods Swans Road crosses the south shores of Horn Promontory Point and Promontory Creek, north on Old Woods Road to Road; east and north along this road to Central Flyway the causeway separating Bear River Bay Sand Lake Road at Woods, north on South Dakota: Aurora, Beadle, from Ogden Bay; east on this causeway Sand Lake Road to the intersection with Brookings, Brown, Brule, Buffalo, ∼ to the southwest corner of Great Salt McPhillips Drive, due west ( 200 yards) Campbell, Clark, Codington, Davison, Lake Mineral Corporations (GSLMC) from the intersection to the Pacific Day, Deuel, Edmunds, Faulk, Grant, west impoundment; north and east coastline, south along the Pacific Hamlin, Hand, Hanson, Hughes, Hyde, along GSLMC’s west impoundment to coastline to a point due west of the Jerauld, Kingsbury, Lake, Marshall, the northwest corner of the western end of Pacific Avenue in Pacific McCook, McPherson, Miner, ∼ impoundment; north from this point City, east from this point ( 250 yards) to Minnehaha, Moody, Potter, Roberts, along a direct line to the southern Pacific Avenue, east on Pacific Avenue Sanborn, Spink, Sully, and Walworth boundary of Bear River Migratory Bird to Brooten Road, south and then east on Counties. Brooten Road to Highway 101, north on Refuge; east along this southern Highway 101 to Resort Drive, north on boundary to the Perry access road; Pacific Flyway Resort Drive to a point due west of the northeast along this road to I–15; south Montana (Pacific Flyway Portion) south shores of Horn Creek at its along I–15 to the Weber–Box Elder confluence with the Nestucca River, due County line. Open Area: Cascade, Chouteau, Hill, east (∼80 yards) across the Nestucca Northern Zone: The remainder of Liberty, and Toole Counties and those River to the south shores of Horn Creek, Utah not included in the East Box Elder portions of Pondera and Teton Counties east along the south shores of Horn County, Wasatch Front, and Southern lying east of U.S. 287–89. Creek to the point of beginning. Zones. Nevada Southwest Zone: Those portions of Southern Zone: Boundary includes Douglas, Coos, and Curry Counties east Beaver, Carbon, Emery, Garfield, Grand, Open Area: Churchill, Lyon, and of Highway 101, and Josephine and Iron, Juab, Kane, Millard, Piute, San Pershing Counties. Jackson Counties. Juan, Sanpete, Sevier, Washington, and Utah South Coast Zone: Those portions of Wayne Counties, and that part of Tooele Douglas, Coos, and Curry Counties west County south of I–80. Open Area: Begins at I–15 and Exit of Highway 101. 365 (SR 13/83); west and north on SR– Washington Eastern Zone: Baker, Crook, 83 to I–84; west on I–84 to SR–30; Deschutes, Gilliam, Grant, Hood River, Area 1: Skagit, Island, and Snohomish southwest on SR–30 to the Nevada-Utah Jefferson, Morrow, Sherman, Umatilla, Counties. state line; south on this state line to I– Union, Wallowa, Wasco, and Wheeler Area 2 Inland (Southwest Permit 80; east on I–80 to I–15; north on I–15 Counties. Zone): Clark, Cowlitz, and Wahkiakum to Exit 365 (SR 13/83).

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Doves Band-Tailed Pigeons Tennessee Alabama California Southeast Crane Zone: That portion of the State south of Interstate 40 and east South Zone: Baldwin, Barbour, North Zone: Alpine, Butte, Del Norte, of State Highway 56. Coffee, Covington, Dale, Escambia, Glenn, Humboldt, Lassen, Mendocino, Remainder of State: That portion of Geneva, Henry, Houston, and Mobile Modoc, Plumas, Shasta, Sierra, Tennessee outside of the Southeast Counties. Siskiyou, Tehama, and Trinity Counties. North Zone: Remainder of the State. Crane Zone. South Zone: The remainder of the Central Flyway Florida State not included in the North Zone. Colorado Northwest Zone: The Counties of Bay, New Mexico Calhoun, Escambia, Franklin, Gadsden, Open Area: The Central Flyway Gulf, Holmes, Jackson, Liberty, North Zone: North of a line following portion of the State except the San Luis Okaloosa, Santa Rosa, Walton, U.S. 60 from the Arizona State line east Valley (Alamosa, Conejos, Costilla, Washington, Leon (except that portion to I–25 at Socorro and then south along Hinsdale, Mineral, Rio Grande, and north of U.S. 27 and east of State Road I–25 from Socorro to the Texas State Saguache Counties east of the 155), Jefferson (south of U.S. 27, west of line. Continental Divide) and North Park State Road 59 and north of U.S. 98), and South Zone: The remainder of the (Jackson County). Wakulla (except that portion south of State not included in the North Zone. Kansas U.S. 98 and east of the St. Marks River). South Zone: The remainder of the Washington Open Area: That portion of the State State. west of a line beginning at the Western Washington: The State of Oklahoma border, north on I–35 to Louisiana Washington excluding those portions Wichita, north on I–135 to Salina, and North Zone: That portion of the State lying east of the Pacific Crest Trail and north on U.S. 81 to the Nebraska border. north of a line extending east from the east of the Big White Salmon River in Montana Texas border along State Highway 12 to Klickitat County. U.S. Highway 190, east along U.S. 190 Woodcock Regular Season Open Area: The to Interstate Highway 12, east along Central Flyway portion of the State Interstate Highway 12 to Interstate New Jersey except for that area south and west of Highway 10, then east along Interstate Interstate 90, which is closed to sandhill Highway 10 to the Mississippi border. North Zone: That portion of the State crane hunting. South Zone: The remainder of the north of NJ 70. Special Season Open Area: Carbon State. South Zone: The remainder of the County. State. Mississippi New Mexico North Zone: That portion of the State Sandhill Cranes Regular-Season Open Area: Chaves, north and west of a line extending west Mississippi Flyway Curry, De Baca, Eddy, Lea, Quay, and from the Alabama State line along U.S. Roosevelt Counties. Alabama Highway 84 to its junction with State Special Season Open Areas Highway 35, then south along State Hunting Zone: That area north of Highway 35 to the Louisiana State line. Interstate 20 from the Georgia State line Middle Rio Grande Valley Area: The South Zone: The remainder of to the interchange with Interstate 65, Central Flyway portion of New Mexico Mississippi. then east of Interstate 65 to the in Socorro and Valencia Counties. Estancia Valley Area: Those portions Texas interchange with Interstate 22, then north of Interstate 22 to the Mississippi of Santa Fe, Torrance, and Bernallilo North Zone: That portion of the State State line. Counties within an area bounded on the north of a line beginning at the west by New Mexico Highway 55 International Bridge south of Fort Non-Hunting Zone: Remainder of the beginning at Mountainair north to NM Hancock; north along FM 1088 to TX 20; State. 337, north to NM 14, north to I–25; on west along TX 20 to TX 148; north along Minnesota the north by I–25 east to U.S. 285; on TX 148 to I–10 at Fort Hancock; east the east by U.S. 285 south to U.S. 60; along I–10 to I–20; northeast along I–20 Northwest Zone: That portion of the and on the south by U.S. 60 from U.S. to I–30 at Fort Worth; northeast along I– State encompassed by a line extending 285 west to NM 55 in Mountainair. 30 to the Texas-Arkansas State line. east from the North Dakota border along Southwest Zone: Area bounded on the Central Zone: That portion of the U.S. Highway 2 to State Trunk Highway south by the New Mexico-Mexico State lying between the North and South (STH) 32, north along STH 32 to STH border; on the west by the New Mexico- Zones. 92, east along STH 92 to County State Arizona border north to Interstate 10; on South Zone: That portion of the State Aid Highway (CSAH) 2 in Polk County, the north by Interstate 10 east to U.S. south and west of a line beginning at the north along CSAH 2 to CSAH 27 in 180, north to NM 26, east to NM 27, International Bridge south of Del Rio, Pennington County, north along CSAH north to NM 152, and east to Interstate proceeding east on U.S. 90 to State Loop 27 to STH 1, east along STH 1 to CSAH 25; on the east by Interstate 25 south to 1604 west of San Antonio; then south, 28 in Pennington County, north along Interstate 10, west to the Luna County east, and north along Loop 1604 to I–10 CSAH 28 to CSAH 54 in Marshall line, and south to the New Mexico- east of San Antonio; then east on I–10 County, north along CSAH 54 to CSAH Mexico border. to Orange, Texas. 9 in Roseau County, north along CSAH Special White-winged Dove Area in 9 to STH 11, west along STH 11 to STH North Dakota the South Zone: Same as the South 310, and north along STH 310 to the Area 1: That portion of the State west Zone. Manitoba border. of U.S. 281.

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Area 2: That portion of the State east 35W in Fort Worth, then southwest Hwy 80; south along the State line to the of U.S. 281. along I–35 to its junction with U.S. U.S.-Mexico border; west along the Highway 290 East in Austin, then east border to the San Pedro River; north Oklahoma along U.S. Highway 290 to its junction along the San Pedro River to the Open Area: That portion of the State with Interstate Loop 610 in Harris junction with Arizona Hwy 77; west of I–35. County, then south and east along northerly along Arizona Hwy 77 to the South Dakota Interstate Loop 610 to its junction with Gila River; northeast along the Gila Interstate Highway 45 in Houston, then River to the San Carlos Indian Open Area: That portion of the State south on Interstate Highway 45 to State Reservation boundary; south then east lying west of a line beginning at the Highway 342, then to the shore of the and north along the reservation South Dakota-North Dakota border and Gulf of Mexico, and then north and east boundary to U.S. Hwy 70; southeast on State Highway 25, south on State along the shore of the Gulf of Mexico to U.S. Hwy 70 to U.S. Hwy 191; south on Highway 25 to its junction with State the Texas-Louisiana State line. U.S. Hwy 191 to the 352 exit on I–10; Highway 34, east on State Highway 34 B. That portion of the State lying east on I–10 to Bowie-Apache Pass to its junction with U.S. Highway 81, within the boundaries of a line Road; southerly on the Bowie-Apache then south on U.S. Highway 81 to the beginning at the Kleberg-Nueces County Pass Road to Arizona Hwy 186; South Dakota-Nebraska border. line and the shore of the Gulf of Mexico, southeasterly on Arizona Hwy 186 to Texas then west along the County line to Park Arizona Hwy 181; south on Arizona Road 22 in Nueces County, then north Hwy 181 to the West Turkey Creek- Zone A: That portion of Texas lying and west along Park Road 22 to its Kuykendall cutoff road; southerly on the west of a line beginning at the junction with State Highway 358 in Kuykendall cutoff road to Rucker international toll bridge at Laredo, then Corpus Christi, then west and north Canyon Road; easterly on Rucker northeast along U.S. Highway 81 to its along State Highway 358 to its junction Canyon Road to the Tex Canyon Road; junction with Interstate Highway 35 in with State Highway 286, then north southerly on Tex Canyon Road to U.S. Laredo, then north along Interstate along State Highway 286 to its junction Hwy 80; northeast on U.S. Hwy 80 to Highway 35 to its junction with with Interstate Highway 37, then east the New Mexico State line. Interstate Highway 10 in San Antonio, along Interstate Highway 37 to its then northwest along Interstate Highway junction with U.S. Highway 181, then Zone 2: Beginning at I–10 and the 10 to its junction with U.S. Highway 83 north and west along U.S. Highway 181 New Mexico State line; north along the at Junction, then north along U.S. to its junction with U.S. Highway 77 in State line to Arizona Hwy 78; southwest Highway 83 to its junction with U.S. Sinton, then north and east along U.S. on Arizona Hwy 78 to U.S. Hwy 191; Highway 62, 16 miles north of Highway 77 to its junction with U.S. northwest on U.S. Hwy 191 to Clifton; Childress, then east along U.S. Highway Highway 87 in Victoria, then south and westerly on the Lower Eagle Creek Road 62 to the Texas-Oklahoma State line. east along U.S. Highway 87 to its (Pump Station Road) to Eagle Creek; Zone B: That portion of Texas lying junction with State Highway 35 at Port northerly along Eagle Creek to the San within boundaries beginning at the Lavaca, then north and east along State Carlos Indian Reservation boundary; junction of U.S. Highway 81 and the Highway 35 to the south end of the southerly and west along the reservation Texas-Oklahoma State line, then Lavaca Bay Causeway, then south and boundary to U.S. Hwy 70; southeast on southeast along U.S. Highway 81 to its east along the shore of Lavaca Bay to its U.S. Hwy 70 to U.S. Hwy 191; south on junction with U.S. Highway 287 in junction with the Port Lavaca Ship U.S. Hwy 191 to I–10; easterly on I–10 Montague County, then southeast along Channel, then south and east along the to the New Mexico State line. U.S. Highway 287 to its junction with Lavaca Bay Ship Channel to the Gulf of Zone 3: Beginning on I–10 at the New Interstate Highway 35W in Fort Worth, Mexico, and then south and west along Mexico State line; westerly on I–10 to then southwest along Interstate the shore of the Gulf of Mexico to the the Bowie-Apache Pass Road; southerly Highway 35 to its junction with Kleberg-Nueces County line. on the Bowie-Apache Pass Road to AZ Interstate Highway 10 in San Antonio, Wyoming Hwy 186; southeast on AZ Hwy 186 to then northwest along Interstate Highway AZ Hwy 181; south on AZ Hwy 181 to 10 to its junction with U.S. Highway 83 Area 7: Campbell, Converse, Crook, the West Turkey Creek-Kuykendall in the town of Junction, then north Goshen, Laramie, Niobrara, Platte, and cutoff road; southerly on the Kuykendall along U.S. Highway 83 to its junction Weston Counties. cutoff road to Rucker Canyon Road; with U.S. Highway 62, 16 miles north of Area 4: All lands within the Bureau easterly on the Rucker Canyon Road to of Reclamation’s Riverton and Boysen Childress, then east along U.S. Highway Tex Canyon Road; southerly on Tex Unit boundaries; those lands within 62 to the Texas-Oklahoma State line, Canyon Road to U.S. Hwy 80; northeast Boysen State Park south of Cottonwood then south along the Texas-Oklahoma on U.S. Hwy 80 to the New Mexico Creek, west of Boysen Reservoir, and State line to the south bank of the Red State line; north along the State line to south of U.S. Highway 20–26; and all River, then eastward along the I–10. vegetation line on the south bank of the non-Indian owned fee title lands within Red River to U.S. Highway 81. the exterior boundaries of the Wind Idaho Zone C: The remainder of the State, River Reservation, excluding those Area 1: All of Bear Lake County and except for the closed areas. lands within Hot Springs County. Closed areas: Area 6: Big Horn, Hot Springs, Park, all of Caribou County except that A. That portion of the State lying east and Washakie Counties. portion lying within the Grays Lake and north of a line beginning at the Area 8: Johnson, Natrona, and Basin. junction of U.S. Highway 81 and the Sheridan Counties. Area 2: All of Teton County except Texas-Oklahoma State line, then Pacific Flyway that portion lying west of State Highway southeast along U.S. Highway 81 to its 33 and south of Packsaddle Road (West junction with U.S. Highway 287 in Arizona 400 North) and north of the North Montague County, then southeast along Zone 1: Beginning at the junction of Cedron Road (West 600 South) and east U.S. Highway 287 to its junction with I– the New Mexico State line and U.S. of the west bank of the Teton River.

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Area 3: All of Fremont County except junction with State Route 200, the point All Migratory Game Birds in the Virgin the Chester Wetlands Wildlife of beginning. Islands Management Area. Zone 3: Beaverhead, Gallatin, Ruth Cay Closure Area: The island of Area 4: All of Jefferson County. Jefferson, and Madison Counties. Ruth Cay, just south of St. Croix. Area 5: All of Bannock County east of Zone 4: Broadwater County. Interstate 15 and south of U.S. Highway All Migratory Game Birds in Puerto Utah 30; and all of Franklin County. Rico Area 6: That portion of Oneida Cache County: Cache County. Municipality of Culebra Closure Area: County within the boundary beginning East Box Elder County: That portion All of the municipality of Culebra. of Box Elder County beginning on the at the intersection of the Idaho-Utah Desecheo Island Closure Area: All of Utah-Idaho State line at the Box Elder- border and Old Highway 191, then Desecheo Island. north on Old Highway 191 to 1500 S, Cache County line; west on the State Mona Island Closure Area: All of then west on 1500 S to Highway 38, line to the Pocatello Valley County Mona Island. then west on Highway 38 to 5400 W, Road; south on the Pocatello Valley El Verde Closure Area: Those areas of then south on 5400 W to Pocatello County Road to I–15; southeast on I–15 the municipalities of Rio Grande and Valley Road, then west and south on to SR–83; south on SR–83 to Lamp Loiza delineated as follows: (1) All Pocatello Valley Road to 10000 W, then Junction; west and south on the lands between Routes 956 on the west south on 10000 W to the Idaho-Utah Promontory Point County Road to the and 186 on the east, from Route 3 on the border, then east along the Idaho-Utah tip of Promontory Point; south from north to the juncture of Routes 956 and border to the beginning point. Promontory Point to the Box Elder- Weber County line; east on the Box 186 (Km 13.2) in the south; (2) all lands Montana Elder-Weber County line to the Box between Routes 186 and 966 from the Zone 1: Those portions of Deer Lodge Elder-Cache County line; north on the juncture of 186 and 966 on the north, to County lying within the following Box Elder-Cache County line to the the Caribbean National Forest Boundary described boundary: Beginning at the Utah–Idaho State line. on the south; (3) all lands lying west of Route 186 for 1 kilometer from the intersection of I–90 and Highway 273, Rich County: Rich County. juncture of Routes 186 and 956 south to then westerly along Highway 273 to the Uintah County: Uintah County. junction of Highway 1, then southeast Km 6 on Route 186; (4) all lands within along said highway to Highway 275 at Wyoming Km 14 and Km 6 on the west and the Opportunity, then east along said Area 1: All of the Bear River and Caribbean National Forest Boundary on highway to East Side County road, then Ham’s Fork River drainages in Lincoln the east; and (5) all lands within the north along said road to Perkins Lane, County. Caribbean National Forest Boundary then west on said lane to I–90, then Area 2: All of the Salt River drainage whether private or public. north on said interstate to the junction in Lincoln County south of the McCoy Cidra Municipality and adjacent of Highway 273, the point of beginning. Creek Road. areas: All of Cidra Municipality and Except for sections 13 and 24, T5N, Area 3: All lands within the Bureau portions of Aguas Buenas, Caguas, R10W; and Warm Springs Pond number of Reclamation’s Eden Project in Cayey, and Comerio Municipalities as 3. Sweetwater County. encompassed within the following Zone 2: That portion of the Pacific Area 5: Uinta County. boundary: Beginning on Highway 172 as Flyway, located in Powell County lying it leaves the municipality of Cidra on All Migratory Game Birds in Alaska within the following described the west edge, north to Highway 156, boundary: Beginning at the junction of North Zone: State Game Management east on Highway 156 to Highway 1, State Routes 141 and 200, then west Units 11–13 and 17–26. south on Highway 1 to Highway 765, along Route 200 to its intersection with Gulf Coast Zone: State Game south on Highway 765 to Highway 763, the Blackfoot River at Russell Gates Management Units 5–7, 9, 14–16, and south on Highway 763 to the Rio Fishing Access Site (Powell-Missoula 10 (Unimak Island only). Guavate, west along Rio Guavate to County line), then southeast along said Southeast Zone: State Game Highway 1, southwest on Highway 1 to river to its intersection with the Management Units 1–4. Highway 14, west on Highway 14 to Ovando-Helmville Road (County Road Pribilof and Aleutian Islands Zone: Highway 729, north on Highway 729 to 104) at Cedar Meadows Fishing Access State Game Management Unit 10 (except Cidra Municipality boundary to the Site, then south and east along said road Unimak Island). point of the beginning. to its junction with State Route 141, Kodiak Zone: State Game [FR Doc. 2019–17561 Filed 8–16–19; 8:45 am] then north along said route to its Management Unit 8. BILLING CODE 4333–15–P

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Part III

The President

Presidential Determination No. 2019–21 of July 31, 2019—Designation of the Federative Republic of Brazil as a Major Non-NATO Ally

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Federal Register Presidential Documents Vol. 84, No. 160

Monday, August 19, 2019

Presidential Determination No. 2019–21 of July 31, 2019

Designation of the Federative Republic of Brazil as a Major Non-NATO Ally

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, and by section 517 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321k) (the ‘‘Act’’), I hereby designate the Federative Republic of Brazil as a major Non-NATO Ally of the United States for the purposes of the Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.) You are authorized and directed to publish this determination in the Federal Register.

THE WHITE HOUSE, Washington, July 31, 2019

[FR Doc. 2019–17998 Filed 8–16–19; 11:15 am] Billing code 4710–10–P

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Reader Aids Federal Register Vol. 84, No. 160 Monday, August 19, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 248...... 38115 Presidential Documents 3 CFR 351...... 38115 Executive orders and proclamations 741–6000 Proclamations: 790...... 38849 The United States Government Manual 741–6000 9913...... 37563 1026...... 37565 9914...... 38847 Other Services 1254...... 41886 Executive Orders: Electronic and on-line services (voice) 741–6020 Proposed Rules: 13883...... 38113 1003...... 37804 Privacy Act Compilation 741–6050 13884...... 38843 1006...... 37806 Administrative Orders: ELECTRONIC RESEARCH Memorandums: 13 CFR Memorandum of July Proposed Rules: World Wide Web 19, 2019 ...... 37955 302...... 42831 Presidential 315...... 42831 Full text of the daily Federal Register, CFR and other publications Determinations: is located at: www.govinfo.gov. No. 2019–14 of July 14 CFR Federal Register information and research tools, including Public 19, 2019 ...... 38109 3...... 42799 Inspection List and electronic text are located at: No. 2019–21 of July 21...... 39175 www.federalregister.gov. 31, 2019 ...... 43035 23...... 41595, 41597 Notices: 25 ...... 38115, 39959, 42804 E-mail Notice of August 14, 39 ...... 37570, 37957, 37959, FEDREGTOC (Daily Federal Register Table of Contents Electronic 2019 ...... 41881 38850, 38853, 38855, 38859, Mailing List) is an open e-mail service that provides subscribers 38862, 39176, 41599, 41602, 5 CFR with a digital form of the Federal Register Table of Contents. The 41605, 41609, 41611, 41614, digital form of the Federal Register Table of Contents includes Ch. XXXIII...... 37751 41617, 41621, 41623, 41626, HTML and PDF links to the full text of each document. Proposed Rules: 41629, 41632 To join or leave, go to https://public.govdelivery.com/accounts/ 532...... 40297 61...... 42799 63...... 42799 USGPOOFR/subscriber/new, enter your email address, then 7 CFR follow the instructions to join, leave, or manage your 65...... 42799 subscription. 985...... 41883 71 ...... 37961, 38865, 39177, 3555...... 42799 40227, 41908 PENS (Public Law Electronic Notification Service) is an e-mail 73...... 39960, 39964 service that notifies subscribers of recently enacted laws. 8 CFR 97 ...... 40228, 40230, 40232, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 103...... 41292 40234 and select Join or leave the list (or change settings); then follow 212...... 41292 Proposed Rules: the instructions. 213...... 41292 25 ...... 39234, 39235, 39237, FEDREGTOC and PENS are mailing lists only. We cannot 214...... 41292 42842 respond to specific inquiries. 245...... 41292 39 ...... 37974, 37976, 38146, 248...... 41292 38887, 38889, 39239, Reference questions. Send questions and comments about the 39241,39778, 39782, 39991, Federal Register system to: [email protected] 9 CFR 41664 The Federal Register staff cannot interpret specific documents or 318...... 40225 71 ...... 39784, 40299, 40301, regulations. 381...... 40225 41937, 41938 15 CFR FEDERAL REGISTER PAGES AND DATE, AUGUST 10 CFR 50...... 39684 315...... 38117 37563–37750...... 1 52...... 39684, 41885 744...... 40237 37751–37954...... 2 708...... 37752 923...... 38118 37955–38114...... 5 Proposed Rules: Proposed Rules: 38115–38544...... 6 40...... 41644 801...... 38583 38545–38846...... 7 74...... 41644 16 CFR 38847–39174...... 8 75...... 41644 39175–39722...... 9 150...... 41644 1227...... 37763 1750...... 37767 39723–39958...... 12 429...... 39777 430 ...... 37794, 37970, 39211, Proposed Rules: 39959–40224...... 13 39777, 39980, 42830 Ch. II ...... 42847 40225–41594...... 14 431...... 39220, 42830 41595–41882...... 15 600...... 41645 17 CFR 41883–42798...... 16 1003...... 41654 75...... 38115 42799–43036...... 19 229...... 39966 12 CFR 232...... 39966 201...... 39723 239...... 39966 204...... 39724 240...... 39178, 40247

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249...... 39966 562...... 38545 81...... 40351 74...... 37979 255...... 38115 82...... 41510 76...... 37979 274...... 39966 32 CFR 121...... 41948 96...... 38551 131...... 38150 19 CFR 48 CFR 165...... 42808 174...... 37818 12...... 41909 268...... 42808 180...... 37818 Ch. 1...... 38836, 38839, 40216, Proposed Rules: 311...... 38552 257...... 40353 40223 111...... 40302 317...... 39970 282...... 41677 1...... 38838, 40216 633...... 39725 300...... 37979, 38905 4...... 40216 21 CFR 727...... 37769 721...... 38158, 40371 12...... 40216 73...... 37573 13...... 40216 510...... 39179 33 CFR 41 CFR 16...... 38836 520...... 39179 100 ...... 37578, 38867, 39187, Proposed Rules: 39...... 40216 522...... 39179 42809 60–1...... 41677 52 ...... 38836, 38838, 40216 524...... 39179, 39187 138...... 39970 102-82...... 39994 203...... 39201 558...... 39179, 39187 165 ...... 37578, 37770, 38135, 212...... 39203 1308...... 41913 38552, 38553, 38869, 38871, 42 CFR 215...... 39204 Proposed Rules: 39726, 39974, 42809, 42812, 81...... 37587 217...... 39204 172...... 39785 42814 409...... 38728 237...... 39203 1141...... 42754 334...... 38873 412 ...... 38424, 39054, 42044 252...... 39201, 39207 Proposed Rules: 22 CFR Proposed Rules: 413...... 38728, 42044 100 ...... 37808, 38148, 41670 418...... 38484 Ch. 2 ...... 41953 147...... 37576 117...... 37810 495...... 42044 2...... 39793 Ch. VII...... 37751 155...... 40329 Proposed Rules: Ch. 7 ...... 41954 19...... 39793 24 CFR 165...... 42869 88...... 38177 334...... 38893 403...... 40482 215...... 39254 203...... 41846 405...... 38330, 39398 219...... 39256 206...... 41846 34 CFR 410 ...... 38330, 39398, 40482 252...... 39254 234...... 41846 Ch. III...... 39727, 39736 412...... 39398 Proposed Rules: 413...... 38330 49 CFR 100...... 42854 36 CFR 414...... 38330, 40482 390...... 40272 7...... 42815 415...... 40482 25 CFR 1002...... 38579 242...... 39188, 39744 416...... 39398, 40482 169...... 42806 418...... 40482 Proposed Rules: Proposed Rules: 107...... 41556 26 CFR 220...... 39244 419...... 39398 424...... 40482 171...... 41556 1...... 37769, 38866 38 CFR 425...... 40482 172...... 41556 Proposed Rules: 173...... 41556 38...... 38556 486...... 39398 1 ...... 37807, 38148, 38892, 178...... 41556 Proposed Rules: 489...... 40482 40317 498...... 40482 179...... 41556 4...... 37594 180...... 38180, 41556 27 CFR 1001...... 37821 39 CFR 1003...... 37821 576...... 38911 Proposed Rules: 4...... 39786 3020...... 40258 44 CFR 50 CFR 5...... 39786 40 CFR 64...... 38563, 41915 7...... 39786 18...... 37716 9...... 42863 52 ...... 37579, 37772, 37774, Proposed Rules: 20...... 38883, 42996 26...... 39786 38558, 38876, 38878, 39196, 67...... 37610 100...... 39188, 39744 27...... 39786 39754, 39756, 39758, 39976, 218...... 40132 40266, 42819, 42822, 42825 45 CFR 635 ...... 38143, 39208, 39774, 28 CFR 180 ...... 38138, 38561, 39761, Proposed Rules: 39978, 42827 Proposed Rules: 39768, 40219 180...... 39398 648...... 37778 16...... 41940 258...... 39977 1304...... 39996 660...... 37780, 40296 282...... 41636 1305...... 39996 665...... 37592 29 CFR 300 ...... 37962, 38905, 41914 1610...... 39787 679 ...... 38885, 38886, 39209 4022...... 41635 Proposed Rules: 1630...... 39787 Proposed Rules: Proposed Rules: 30...... 38894 17 ...... 40006, 41691, 41694 47 CFR 103...... 39930 51...... 39244 229...... 37822 1910...... 41667 52 ...... 37607, 37812, 37816, 20...... 37591 300...... 38912 1915...... 41667 38895, 38898, 39244, 40344, 61...... 38566 622...... 37611, 38198 1926...... 41667 40349, 41672, 41674, 41942, 69...... 38566 635...... 38918 41944, 42871, 42872, 42876, 73...... 40271, 41917 648...... 38919 31 CFR 42881 Proposed Rules: 660...... 41818 561...... 38545 63...... 42704 73...... 41949 679...... 38912

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List August 13, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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