Vol. 83 Monday, No. 93 May 14, 2018

Pages 22177–22346

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 19:10 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\14MYWS.LOC 14MYWS amozie on DSK3GDR082PROD with FRONT MATTER WS II Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 83 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 19:10 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\14MYWS.LOC 14MYWS amozie on DSK3GDR082PROD with FRONT MATTER WS III

Contents Federal Register Vol. 83, No. 93

Monday, May 14, 2018

Agency for Toxic Substances and Disease Registry Coast Guard NOTICES RULES Draft Interaction Profile for Mixtures of Insecticides: Drawbridge Operations: Pyrethroids, Organophosphorus Compounds, and St. Croix River, Stillwater, MN, 22199–22201 Carbamates, 22263 Safety Zones: Upper Mississippi River, St. Louis, MO, 22201–22203 Agricultural Marketing Service Special Local Regulations: PROPOSED RULES Sector Ohio Valley, 22194–22199 Organic Research, Promotion, and Information Order; PROPOSED RULES Termination of Rulemaking Proceeding, 22213–22214 Lower Mississippi River, New Orleans, LA, 22225–22227 NOTICES NOTICES 2018 Rates Charged for Services, 22239–22243 Proposed Termination of U.S. Coast Guard Rebroadcast of HYDROLANT and HYDROPAC Information, 22276– 22277 Agricultural Research Service NOTICES Commerce Department Agency Information Collection Activities; Proposals, See Economic Development Administration Submissions, and Approvals; Correction, 22243 See Foreign-Trade Zones Board See International Trade Administration Agriculture Department See National Institute of Standards and Technology See Agricultural Marketing Service See National Oceanic and Atmospheric Administration See Agricultural Research Service NOTICES See Commodity Credit Corporation Agency Information Collection Activities; Proposals, See Rural Business-Cooperative Service Submissions, and Approvals, 22244–22245 RULES Revision of Delegations of Authority and Commodity Credit Commodity Credit Corporation Corporation Board of Directors Meeting Requirements, RULES 22177–22190 Revision of Delegations of Authority and Commodity Credit NOTICES Corporation Board of Directors Meeting Requirements, Agency Information Collection Activities; Proposals, 22177–22190 Submissions, and Approvals, 22243–22244 Comptroller of the Currency Antitrust Division PROPOSED RULES NOTICES Regulatory Capital Rules: Changes under the National Cooperative Research and Implementation and Transition of the Current Expected Production Act: Credit Losses Methodology for Allowances and ODVA, Inc., 22288–22289 Related Adjustments to the Regulatory Capital Rules and Conforming Amendments to Other Regulations, Bureau of Consumer Financial Protection 22312–22339 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 22254–22255 NOTICES Meetings: Centers for Disease Control and Prevention Defense Policy Board, 22255–22256 NOTICES Economic Development Administration Meetings: NOTICES Board of Scientific Counselors, National Center for Injury Trade Adjustment Assistance Eligibility; Petitions, 22245– Prevention and Control, 22263–22264 22246 Requests for Information: Occupational Robotics Research Prioritization, 22264– Education Department 22266 NOTICES Agency Information Collection Activities; Proposals, Centers for Medicare & Medicaid Services Submissions, and Approvals: NOTICES Application for Flexibility for Equitable Per-pupil Agency Information Collection Activities; Proposals, Funding, 22256 Submissions, and Approvals, 22266–22268 Applications for New Awards: Centers for International Business Education Program, Children and Families Administration 22256–22260 NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 22268–22270 See Federal Energy Regulatory Commission

VerDate Sep<11>2014 19:25 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\14MYCN.SGM 14MYCN amozie on DSK3GDR082PROD with FRONT MATTER CN IV Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Contents

Environmental Protection Agency Federal Reserve System RULES PROPOSED RULES Air Quality State Implementation Plans; Approvals and Regulatory Capital Rules: Promulgations: Implementation and Transition of the Current Expected Maryland; Approval of an Alternative Volatile Organic Credit Losses Methodology for Allowances and Compound Emission Standard, 22203–22207 Related Adjustments to the Regulatory Capital Rules Texas; Interstate Transport Requirements for the 1997 and Conforming Amendments to Other Regulations, and 2006 Fine Particulate Matter National Ambient 22312–22339 NOTICES Air Quality Standards, 22207–22208 Formations of, Acquisitions by, and Mergers of Bank PROPOSED RULES Holding Companies, 22262–22263 Air Quality State Implementation Plans; Approvals and Promulgations: Food and Drug Administration California; Eastern Kern Air Pollution Control District; RULES Reclassification, 22235–22238 Guidance: North Dakota; Revisions to Air Pollution Control Rules, The Food and Drug Administration Food Safety 22227–22235 Modernization Act; Extension and Clarification for Certain Provisions of Four Implementing Rules: What Federal Aviation Administration You Need to Know About the Food and Drug Administration Regulation; Small Entity Compliance PROPOSED RULES Guide, 22193–22194 Airworthiness Directives: PROPOSED RULES Airbus Airplanes, 22219–22224 Tentative Final Monographs: Special Conditions: Internal Analgesic, Antipyretic, and Antirheumatic Drug Gulfstream Aerospace Corporation Model GVII–G500 Products for Over-the-Counter Use; Partial Series Airplanes; Flight Envelope Protection-High Withdrawal, 22224–22225 Incidence Protection System, 22214–22219 NOTICES NOTICES Guidance: Exemption Petitions; Summaries: Pediatric HIV Infection; Drug Development for Treatment, The Boeing Co., 22308–22309 22270–22271

Foreign Assets Control Office Federal Communications Commission NOTICES RULES Blocking or Unblocking of Persons and Properties, 22309– Accelerating Wireline Broadband Deployment by Removing 22310 Barriers to Infrastructure Investment, 22208–22209 Radio Broadcasting Services: Foreign-Trade Zones Board Cora, WY, 22209–22210 NOTICES Subzone Status; Approvals: Manuel Freije Arce, Inc.; Catano, PR, 22246 Federal Deposit Insurance Corporation PROPOSED RULES Health and Human Services Department Regulatory Capital Rules: See Agency for Toxic Substances and Disease Registry Implementation and Transition of the Current Expected See Centers for Disease Control and Prevention Credit Losses Methodology for Allowances and See Centers for Medicare & Medicaid Services Related Adjustments to the Regulatory Capital Rules See Children and Families Administration and Conforming Amendments to Other Regulations, See Food and Drug Administration 22312–22339 See Health Resources and Services Administration See National Institutes of Health NOTICES Federal Emergency Management Agency Meetings: NOTICES National Advisory Committee on Children and Disasters Flood Hazard Determinations, 22277–22279 and National Preparedness and Response Science Flood Hazard Determinations; Changes, 22280–22284 Board, 22273–22274 Major Disaster and Related Determinations: Kentucky, 22278 Health Resources and Services Administration Major Disaster Declarations: NOTICES Pueblo of Acoma; Amendment No. 1, 22279–22280 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Center Patient Survey, 22272–22273 Federal Energy Regulatory Commission Requests for Nominations: NOTICES Council on Graduate Medical Education, 22271–22272 Combined Filings, 22260–22262 Filings: Homeland Security Department T.E.S. Filer City Station Limited Partnership, 22261 See Coast Guard License Transfers: See Federal Emergency Management Agency Franklin Springer; Watershed Ranch LLC, 22262 See U.S. Citizenship and Immigration Services

VerDate Sep<11>2014 19:25 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\14MYCN.SGM 14MYCN amozie on DSK3GDR082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Contents V

Interior Department National Oceanic and Atmospheric Administration See Land Management Bureau RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: International Trade Administration Reef Fish Fishery of the Gulf of Mexico; Vermilion NOTICES Snapper Management Measures; Amendment 47, Antidumping or Countervailing Duty Investigations, Orders, 22210–22212 or Reviews: NOTICES Certain Steel Nails from the Sultanate of Oman, 22246– Meetings: 22249 Gulf of Mexico Fishery Management Council, 22252– Supercalendered Paper from Canada: Initiation of 22253 Changed Circumstances Review, 22249–22250 New England Fishery Management Council, 22253–22254 Revised Management Plans: International Trade Commission Jobos Bay, Puerto Rico National Estuarine Research NOTICES Reserve Management Plan Revision; Approval, 22254 Investigations; Determinations, Modifications, and Rulings, etc.: National Science Foundation Certain UV Curable Coatings for Optical Fibers, Coated NOTICES Optical Fibers, and Products Containing Same, Agency Information Collection Activities; Proposals, 22287–22288 Submissions, and Approvals: National Science Foundation Proposal/Award Justice Department Information—National Science Foundation Proposal See Antitrust Division and Award Policies and Procedures Guide, 22293– NOTICES 22294 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nuclear Regulatory Commission Private Industry Feedback Survey, 22289 NOTICES Draft Regulatory Guides: Standard Format and Content of Physical Security Plans, Labor Department Training and Qualifications Plans and Safeguards See Occupational Safety and Health Administration Contingency Plans for Nuclear Power Plants, 22297– See Wage and Hour Division 22299 License Transfers; Applications: Land Management Bureau Westinghouse Electric Co., LLC, 22294–22297 NOTICES Meetings; Sunshine Act, 22294 Plats of Survey: Colorado, 22287 Occupational Safety and Health Administration NOTICES National Credit Union Administration Nationally Recognized Testing Laboratories: NOTICES CSA Group Testing and Certification Inc., 22289–22290 Agency Information Collection Activities; Proposals, MET Laboratories, Inc., 22291–22292 Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Postal Regulatory Commission Feedback on Agency Service Delivery, 22292–22293 NOTICES New Postal Products, 22299 National Institute of Standards and Technology NOTICES Postal Service Lightweight Cryptography Requirements and Evaluation NOTICES Criteria, 22251–22252 Product Changes: Meetings: Priority Mail Express, Priority Mail, and First-Class National Construction Safety Team Advisory Committee, Package Service Negotiated Service Agreement, 22250–22251 22299 Visiting Committee on Advanced Technology, 22250 Priority Mail Negotiated Service Agreement, 22299

National Institutes of Health Presidential Documents NOTICES EXECUTIVE ORDERS Agency Information Collection Activities; Proposals, Government Agencies and Employees: Submissions, and Approvals: Military Spouses; Noncompetitive Civil Service Customer Service, Demographic, and Smoking/Tobacco Appointments, Enhancement (EO 13832), 22341– use Information from the National Cancer Institute’s 22345 Contact Center Clients, 22275–22276 Meetings: Rural Business-Cooperative Service Eunice Kennedy Shriver National Institute of Child NOTICES Health and Human Development, 22274 Agency Information Collection Activities; Proposals, National Heart, Lung, and Blood Institute, 22274–22275 Submissions, and Approvals, 22244

VerDate Sep<11>2014 19:25 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\14MYCN.SGM 14MYCN amozie on DSK3GDR082PROD with FRONT MATTER CN VI Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Contents

Securities and Exchange Commission Application for Relief under the Immigration and RULES Nationality Act, 22286–22287 Removal of Provision of Certain Personally Identifiable Information from Forms and Schedules, 22190–22193 Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 22299–22300, 22302– Agency Information Collection Activities; Proposals, 22303, 22305–22308 Submissions, and Approvals: Self-Regulatory Organizations; Proposed Rule Changes: Employment Information Form, 22292 Cboe BZX Exchange, Inc., 22303–22305 MIAX PEARL, LLC, 22300–22302 Separate Parts In This Issue Social Security Administration NOTICES Rescission of Social Security Ruling 05–02; Titles II and Part II XVI: Federal Deposit Insurance Corporation, 22312–22339 Determination of Substantial Gainful Activity if Federal Reserve System, 22312–22339 Substantial Work Activity is Discontinued or Treasury Department, Comptroller of the Currency, 22312– Reduced—Unsuccessful Work Attempt, 22308 22339 Transportation Department Part III See Federal Aviation Administration Presidential Documents, 22341–22345 Treasury Department See Comptroller of the Currency See Foreign Assets Control Office Reader Aids Consult the Reader Aids section at the end of this issue for U.S. Citizenship and Immigration Services phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Agency Information Collection Activities; Proposals, Submissions, and Approvals: To subscribe to the Federal Register Table of Contents Application for Employment Authorization for Abused electronic mailing list, go to https://public.govdelivery.com/ Nonimmigrant Spouse, 22284–22285 accounts/USGPOOFR/subscriber/new, enter your e-mail Application for Provisional Unlawful Presence Waiver of address, then follow the instructions to join, leave, or Inadmissibility, 22285–22286 manage your subscription.

VerDate Sep<11>2014 19:25 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\14MYCN.SGM 14MYCN amozie on DSK3GDR082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Contents VII

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 50 CFR Executive Orders: 622...... 22210 13832...... 22343 7 CFR 2...... 22177 1409...... 22177 Proposed Rules: 1255...... 22213 12 CFR Proposed Rules: 1...... 22312 3...... 22312 5...... 22312 23...... 22312 24...... 22312 32...... 22312 34...... 22312 46...... 22312 208...... 22312 211...... 22312 215...... 22312 217...... 22312 223...... 22312 225...... 22312 252...... 22312 324...... 22312 325...... 22312 327...... 22312 347...... 22312 390...... 22312 14 CFR Proposed Rules: 25...... 22214 39 (2 documents) ...... 22219, 22222 17 CFR 232...... 22190 249...... 22190 21 CFR 1...... 22193 11...... 22193 16...... 22193 106...... 22193 110...... 22193 111...... 22193 112...... 22193 114...... 22193 117...... 22193 120...... 22193 123...... 22193 129...... 22193 179...... 22193 211...... 22193 507...... 22193 Proposed Rules: 201...... 22224 343...... 22224 33 CFR 100...... 22194 117...... 22199 165...... 22201 Proposed Rules: 165...... 22225 40 CFR 52 (2 documents) ...... 22203, 22207 Proposed Rules: 52...... 22227 81...... 22235 47 CFR 51...... 22208 73...... 22209

VerDate Sep 11 2014 19:21 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\14MYLS.LOC 14MYLS sradovich on DSK3GMQ082PROD with FRONT MATTER LS 22177

Rules and Regulations Federal Register Vol. 83, No. 93

Monday, May 14, 2018

This section of the FEDERAL REGISTER position, as authorized by Congress previously delegated to the Under contains regulatory documents having general under the Agricultural Act of 2014 Secretary for NRE in § 2.20 to the new applicability and legal effect, most of which (7 U.S.C. 6935). The rule also Under Secretary for FPAC in § 2.16. The are keyed to and codified in the Code of implements the realignment of the delegations of authority to the Chief, Federal Regulations, which is published under Foreign Agricultural Service (FAS) and NRCS previously located at § 2.61 under 50 titles pursuant to 44 U.S.C. 1510. U.S. Codex Office to comprise the new Subpart J—Delegations of Authority by The Code of Federal Regulations is sold by TFAA mission area. See Secretary’s the Under Secretary for Natural the Superintendent of Documents. Memorandum (SM) 1076–017 (May 11, Resources and Environment and adds 2017), available at https:// them at § 2.43 under the retitled Subpart www.ocio.usda.gov/document/ F—Delegations of Authority by the DEPARTMENT OF AGRICULTURE secretarys-memorandum-1076–017, and Under Secretary for Farm Production SM 1076–018 (Nov. 14, 2017), available and Conservation. This rule also adds a Office of the Secretary at https://www.ocio.usda.gov/ new delegation to the Administrator, document/secretarys-memorandum- FSA, through the Under Secretary for 7 CFR Part 2 1076–018. See also 82 FR 22802–02 FPAC, to administer funds made (May 18, 2017); 82 FR 42781–01 (Sept. available to the Secretary in the Further Commodity Credit Corporation 12, 2017). Supplemental Appropriations for This rule adds a new section of Disaster Relief Requirements Act, 2018, 7 CFR Part 1409 delegations by the Secretary to the Public Law 115–123, for expenses RIN–0503–AA62 Under Secretary for TFAA at § 2.26. The related to hurricanes and wildfires rule further adds a new Subpart U titled occurring in calendar year 2017. Revision of Delegations of Authority ‘‘Delegations of Authority by the Under and Commodity Credit Corporation Throughout Part 2, references to the Secretary of Trade and Foreign former Under Secretary for Farm and Board of Directors Meeting Agricultural Affairs.’’ The rule Requirements Foreign Agricultural Services are establishes a new § 2.600 with updated to refer either to the Under AGENCY: Office of the Secretary, USDA. delegations to the Deputy Under Secretary for FPAC or to the Under Secretary for TFAA, in the event a ACTION: Final rule. Secretary for TFAA, depending upon Deputy Under Secretary is appointed. the context. SUMMARY: The Secretary of Agriculture The delegations of authority to the is authorized to delegate functions, Administrator, FAS previously located C. Rural Development powers, and duties as the Secretary at § 2.43 under Subpart F—Delegations This rule further revises the deems appropriate. This document of Authority by the Under Secretary for delegations to reflect that the Rural amends the existing delegations of Farm and Foreign Agricultural Services Development agencies receive authority by adding and modifying are now located under Subpart U at delegations from the Secretary through certain delegations, as explained in the § 2.601. The rule further establishes a the Assistant to the Secretary for Rural Supplementary Information section new § 2.602 with delegations to the Development, rather than through the below. In addition, it repeals regulations Manager, U.S. Codex Office. former position of Under Secretary for governing meetings of the Commodity B. Farm Production and Conservation Rural Development. The rule also Credit Corporation Board of Directors. removes the delegations to the former DATES: Effective May 14, 2018. This rule also revises the delegations to reflect the change in title of the position of Deputy Under Secretary of FOR FURTHER INFORMATION CONTACT: former Under Secretary for Farm and Agriculture. Throughout Part 2, the Melissa McClellan, Office of the General Foreign Agricultural Services (FFAS) to titles of Under Secretary for Rural Counsel, (202) 720–5565, the Under Secretary for Farm Development and Under Secretary for [email protected]. Production and Conservation (FPAC), as Rural and Economic Development are SUPPLEMENTARY INFORMATION: This rule authorized by Section 772 of the updated to read ‘‘Assistant to the makes several changes to the United Consolidated Appropriations Act, 2018 Secretary for Rural Development.’’ States Department of Agriculture’s (Pub. L. 115–141) and section 4(a) of The rule also incorporates a new (USDA) delegations of authority in Reorganization Plan No. 2 of 1953 delegation of authority to the 7 CFR part 2 by adding new delegations (5 U.S.C. App.; 7 U.S.C. 2201 note). The Administrator of the Rural Utilities and modifying existing delegations. It revisions reflect the realignment of the Service, through the Assistant to the also repeals Part 1409, Meetings of the Natural Resources Conservation Service Secretary for Rural Development, to Board of Directors of Commodity Credit (NRCS) from the Natural Resources and issue waivers to the U.S. iron and steel Corporation. Environment (NRE) mission area to the requirements for the construction, Overview of Changes new FPAC mission area, which also alteration, maintenance, or repair of a includes the Farm Service Agency (FSA) public water or wastewater system in A. Trade and Foreign Agricultural and Risk Management Agency (RMA). accordance with the authority granted to Affairs See SM 1076–017 (May 11, 2017); 82 FR the Secretary under Section 746 of This rule revises the delegations of 22802–01 (May 18, 2017). Division A of the Consolidated authority to reflect the establishment of The rule accordingly reassigns the Appropriations Act, 2018, Public Law the new Under Secretary for Trade and delegations of authority related to 115–141, and any subsequent Foreign Agricultural Affairs (TFAA) natural resources and conservation appropriations acts.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22178 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

D. Organic Cost Share Programs by removing and reserving the part. The List of Subjects regulations in part 1409 were issued in This rule also revises the delegations 7 CFR Part 2 of authority to transfer the authority to 1977 pursuant to the Government in the administer USDA’s two Organic Sunshine Act, which applied to the CCC Authority delegations (Government Certification Cost Share Programs to the because, at that time, the CCC was an agencies) agency ‘‘headed by a collegial body FSA Administrator. The authority to 7 CFR Part 1409 administer the Agricultural composed of two or more individual Management Assistance Organic members, a majority of whom are Sunshine Act Certification Cost Share Program, appointed to such position by the President with the advice and consent Accordingly, under the authority of 7 authorized under the Federal Crop U.S.C. 714b and as discussed in the Insurance Act (7 U.S.C. of the Senate, and any subdivision thereof authorized to act on behalf of the preamble, 7 CFR parts 2 and 1409 are 1524(b)(4)(C)(ii)), was previously amended as follows: delegated to the Under Secretary for agency.’’ See 5 U.S.C. 552b; 42 FR 14673 Natural Resources and the Environment, (Mar. 16, 1977). Under the CCC Charter Act, the Secretary is ex officio Chairman PART 2—DELEGATIONS OF and to the Chief, NRCS. This rule AUTHORITY BY THE SECRETARY OF revises the delegations to transfer the of a seven-member Board of Directors. 15 U.S.C. 714g(a). At the time part 1409 AGRICULTURE AND GENERAL authority to administer the program to OFFICERS OF THE DEPARTMENT the Administrator, FSA through the was issued, members of the CCC Board of Directors were appointed by the Under Secretary for FPAC. Similarly, ■ President, by and with the advice and 1. The authority citation for part 2 the authority to administer the National continues to read as follows: Organic Certification Cost Share consent of the Senate. Program, authorized under the Farm After part 1409 took effect, the CCC Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. Security and Rural Investment Act of Board was required to make its meeting 301; Reorganization Plan No. 2 of 1953, 3 2002, as amended by the Agricultural open to public observation, though the CFR 1949–1953 Comp., p. 1024. Act of 2014 (7 U.S.C. 6523), was rules included a process for holding closed meetings. See 7 CFR 1409.3, ■ 2. In part 2, revise all references to previously delegated to the ‘‘Under Secretary for Rural Administrator, Agricultural Marketing 1409.4, and 1409.5. During the time following the application of the open- Development’’ and ‘‘Under Secretary for Service (AMS), through the Under Rural Economic and Community Secretary for Marketing and Regulatory meeting requirements, the CCC Board held meetings infrequently because of Development’’ to read ‘‘Assistant to the Programs. This rule revokes those Secretary for Rural Development’’. delegations and transfers the the inability, in the presence of the public, to discuss or take action on responsibility for this program to the Subpart A—General Administrator, FSA. See SM 1076–024 matters of a market-sensitive nature. Since 1999, the CCC Board of Directors (Sept. 8, 2017) available at https:// ■ has held only one meeting, in May 2003. 3. Section 2.4 is revised to read as www.ocio.usda.gov/document/ follows: secretarys-memorandum-1076-024. See 68 FR 25317–01 (May 12, 2003). The Presidential Appointment § 2.4 General Officers. E. General Counsel Efficiency and Streamlining Act of 2011 The work of the Department is under The rule also amends the delegations amended the CCC Charter Act to remove the Senate confirmation requirement for the supervision and control of the of the General Counsel at § 2.31 to Secretary who is assisted by the require that settlement agreements Board members. Public Law 112–166, sec. 2(a)(3) (Aug. 10, 2012). following general officers: The Deputy above certain monetary thresholds be Secretary, the Under Secretary for Farm reviewed and concurred in by the Office Accordingly, because the Government Production and Conservation; the Under of the General Counsel. See SM 1076– in the Sunshine Act no longer applies Secretary for Food, Nutrition, and 020 (Jan. 4, 2018) available at https:// to the CCC Board of Directors, USDA is Consumer Services, the Under Secretary www.ocio.usda.gov/document/ deleting the regulations at part 1409. for Food Safety; the Under Secretary for secretarys-memorandum-1076-020. The Classification Marketing and Regulatory Programs; the rule includes a conforming revision to This rule relates to internal agency Under Secretary for Natural Resources the general delegations of authority to management. Accordingly, pursuant to and Environment; the Under Secretary supervise and direct, located at § 2.7. 5 U.S.C. 553, notice of proposed for Research, Education, and F. Conforming Amendments rulemaking and opportunity for Economics; the Under Secretary for In addition to the revisions outlined comment are not required, and this rule Trade and Foreign Agricultural Affairs; above, the rule updates the list of may be made effective less than 30 days the Assistant Secretary for General Officers at § 2.4 to include the after publication in the Federal Administration; the Assistant Secretary Under Secretaries for TFAA and FPAC Register. This rule also is exempt from for Civil Rights; the Assistant Secretary and the Assistant to the Secretary for the provisions of Executive Orders for Congressional Relations; the RD, and removes obsolete titles. In 12866 and 13771. This action is not a Assistant to the Secretary for Rural addition, the rule updates cross- rule as defined by the Regulatory Development; the Chief Economist; the references to delegations for the former Flexibility Act, as amended by the Chief Financial Officer; the Chief Under Secretary for FFAS and to the Small Business Regulatory Enforcement Information Officer; the General Administrator, FAS to reflect the new Fairness Act of 1996, 5 U.S.C. 601 et Counsel; the Inspector General; the Under Secretary titles and CFR unit seq., or the Congressional Review Act, 5 Judicial Officer; the Director, National locations. U.S.C. 801 et seq., and thus is exempt Appeals Division; the Director, Office of from the provisions of those acts. This Budget and Program Analysis; the G. Commodity Credit Corporation rule contains no information collection Director, Office of Communications; the This rule also amends part 1409, or recordkeeping requirements under Director, Office of Small and Meeting of the Board of Directors of the Paperwork Reduction Act of 1995 Disadvantaged Business Utilization; and Commodity Credit Corporation (CCC), (44 U.S.C. 3501 et seq.). the Director, Office of Tribal Relations.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22179

Subpart B—General Delegations of (xxvi) Administer the following (iii) Administer the basic program of Authority by the Secretary of provisions of the Farm Security and soil and water conservation under Agriculture Rural Investment Act of 2002 with Public Law 46, 74th Congress, as respect to functions otherwise delegated amended, and related laws (16 U.S.C. ■ 4. Amend § 2.7 by revising the first to the Under Secretary for Farm 590 a–f, i–l, q, q–1; 42 U.S.C. 3271– sentence to read as follows: Production and Conservation: 3274; 7 U.S.C. 2201), including: (A) Technical and financial assistance § 2.7 Authority to Supervise and Direct. * * * * * (xxxii) Implement the authority in to land users in carrying out locally Unless specifically reserved, or section 1241 of the Food Security Act of adapted soil and water conservation otherwise delegated (including 1985 (16 U.S.C. 3841) to accept and use programs primarily through soil and delegations of legal functions to the voluntary contributions of non–Federal water conservation districts in the General Counsel at § 2.31), the funds in support of natural resources several States, the District of Columbia, delegations of authority to each general conservation programs under subtitle D the Commonwealth of Puerto Rico, and officer of the Department and each of title XII of that Act with respect to the Commonwealth of the Northern agency head contained in this part authorities delegated to the Under Mariana Islands, American Samoa, includes the authority to direct and Secretary for Farm Production and Guam, the Virgin Islands, and Federally supervise the employees engaged in the Conservation. recognized Native American tribes, but conduct of activities under such also to communities, watershed groups, official’s jurisdiction, and the authority * * * * * (xxxvii) Administer the funds made Federal and State agencies, and other to take any action, execute any cooperators. This authority includes document, authorize any expenditure, available to the Office of the Secretary under Title I of Subdivision B, Further such assistance as: promulgate any rule, regulation, order, (1) Comprehensive planning or instruction required by or authorized Supplemental Appropriations for Disaster Relief Requirements Act, 2018, assistance in nonmetropolitan districts; by law and deemed by the general (2) Assistance in the field of income- Public Law 115–123. officer or agency head to be necessary producing recreation on rural non- and proper to the discharge of his or her (xxxviii) Determine the agricultural commodities acquired under price Federal lands; responsibilities. * * * (3) Forestry assistance, as part of total support programs which are available technical assistance to private land for export. Subpart C—Delegations of Authority to owners and land users when such the Deputy Secretary, Under * * * * * services are an integral part of land Secretaries, and Assistant Secretaries (3) Related to natural resources management and such services are not conservation. (i) Provide national available from a State agency; and ■ 5. Amend § 2.16 by: leadership in the conservation, forestry services in connection with ■ a. Revising the section heading; development and productive use of the windbreaks and shelter belts to prevent ■ b. Revising paragraph (a) introductory Nation’s soil, water, and related wind and water erosion of lands; text and (a)(1)(vi); resources. Such leadership encompasses (4) Assistance in developing programs ■ c. Adding paragraph (a)(1)(xi) soil, water, plant, and wildlife relating to natural beauty; and ■ d. Revising paragraphs (a)(1)(xxvi) conservation; small watershed (5) Assistance to other USDA agencies and (xxxii); protection and flood prevention; and in connection with the administration of ■ c. Adding paragraphs (a)(1)(xxxvii) resource conservation and development. their programs, as follows: and (xxxviii); and Integrated in these programs are erosion (i) To the Farm Service Agency in the ■ d. Revising paragraphs (a)(3) and (10) control, sediment reduction, pollution development and technical servicing of and (b)(2). abatement, land use planning, multiple certain programs, such as the The revisions and additions read as use, improvement of water quality, and Agricultural Conservation Program and follows: several surveying and monitoring other such similar conservation § 2.16 Under Secretary for Farm activities related to environmental programs; Production and Conservation. improvement. All are designed to (ii) To the Rural Housing Service in (a) The following delegations of assure: connection with their loan and land (A) Quality in the natural resource authority are made by the Secretary of disposition programs; base for sustained use; Agriculture to the Under Secretary for (B) Soil Surveys, including: (B) Quality in the environment to Farm Production and Conservation: (1) Providing leadership for the provide attractive, convenient, and (1) * * * Federal part of the National Cooperative satisfying places to live, work, and play; (vi) Conduct fiscal, accounting and Soil Survey which includes conducting and claims functions relating to Commodity and publishing soil surveys; (C) Quality in the standard of living (2) Conducting soil surveys for Credit Corporation (CCC) programs for based on community improvement and resource planning and development; which the Under Secretary for Farm adequate income. and Production and Conservation has been (ii) Provide national leadership in and (3) Performing the cartographic delegated authority. evaluate and coordinate land use policy, services essential to carrying out the * * * * * and administer the Farmland Protection functions of the Natural Resources (xi) Administer the Organic Policy Act (7 U.S.C. 4201 et seq.), Conservation Service, including Certification Cost Share Programs including the Farms for the Future furnishing photographs, mosaics, and authorized under the Federal Crop Program authorized by sections 1465– maps; Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii), 1470 of the Food, Agriculture, (C) Conducting and coordinating and under the Farm Security and Rural Conservation, and Trade Act of 1990, as snow surveys and making water supply Investment Act, as amended by the amended (7 U.S.C. 4201 note), except as forecasts pursuant to Reorganization Agricultural Act of 2014 (7 U.S.C. 6523). otherwise delegated to the Under Plan No. IV of 1940 (5 U.S.C. App.); [Reserved] Secretary for Research, Education, and (D) Operating plant materials centers * * * * * Economics in § 2.21(a)(1)(lxii). for the assembly and testing of plant

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22180 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

species in conservation programs, (ix) Administer the Rural Clean Water (C) The Wetlands Reserve Program including the use, administration, and Program and other responsibilities and the Emergency Wetlands Reserve disposition of lands under the assigned under section 35 of the Clean Program authorized by sections 1237– administration of the Natural Resources Water Act of 1977 (33 U.S.C. 1251 et 1237F of the Act (16 U.S.C. 3837–3837f) Conservation Service for such purposes seq.). and the Emergency Supplemental under title III of the Bankhead–Jones (x) Monitor actions and progress of Appropriations for Relief from the Farm Tenant Act (7 U.S.C. 1010–1011); USDA in complying with Executive Major, Widespread Flooding in the and Order 11988, Flood Plain Management, Midwest Act, Public Law 103–75. (E) Providing leadership in the 3 CFR, 1977 Comp., p. 117, and (D) The Conservation Security inventorying and monitoring of soil, Executive Order 11990, Protection of Program authorized by sections 1238– water, land, and related resources of the Wetlands, 3 CFR, 1977 Comp., p. 121, 1238C (16 U.S.C. 3838–3838c) and the Nation. regarding management of floodplains Conservation Stewardship Program (iv) Administer the Watershed and protection of wetlands; monitor authorized by sections 1238D–1238G Protection and Flood Prevention USDA efforts on protection of important (16 U.S.C. 3838d–3838g). Programs, including: agricultural, forest and rangelands; and (E) The Farmland Protection Program (A) The eleven authorized watershed provide staff assistance to the USDA authorized by sections 1238H–1238I of projects authorized under 33 U.S.C. Natural Resources and Environment the Act (16 U.S.C. 3838h–3838i). 702b–1; Committee. (F) The Farm Viability Program (B) The emergency flood control work (xi) Administer the search and rescue authorized by section 1238J of the Act under 33 U.S.C. 701b–1; operations authorized under 7 U.S.C. (16 U.S.C. 3838j). (C) The Cooperative River Basin 2273. (G) The Environmental Easement Surveys and Investigations Programs (xii) Administer section 202(c) of the Program authorized by sections 1239– under 16 U.S.C. 1006; Colorado River Basin Salinity Control 1239D of the Act (16 U.S.C. 3839– (D) The pilot watershed projects Act, 43 U.S.C. 1592(c), including: 3839d). under 16 U.S.C. 590 a–f and 16 U.S.C. (A) Identify salt source areas and (H) The Environmental Quality 1001–1009; determine the salt load resulting from Incentives Program authorized by sections 1240–1240I of the Act (16 (E) The Watershed Protection and irrigation and watershed management U.S.C. 3839aa–3839aa–9). Flood Prevention Program under 16 practices; (B) Conduct salinity control studies of (I) The conservation of private grazing U.S.C. 1001–1010, including irrigated salt source areas; lands authorized by section 1240M of rehabilitation of water resource (C) Provide technical and financial the Act (16 U.S.C. 3839bb). structural measures constructed under assistance in the implementation of (J) The Wildlife Habitat Incentives certain Department of Agriculture salinity control projects including the Program authorized by section 1240N of programs under 16 U.S.C. 1012, except development of salinity control plans, the Act (16 U.S.C. 3839bb–1). for responsibilities assigned to the technical services for application, and (K) The program for soil erosion and Assistant to the Secretary for Rural certification of practice applications; sedimentation control in the Great Lakes Development. (D) Develop plans for implementing basin authorized by section 1240P of the (F) The joint investigations and measures that will reduce the salt load Act (16 U.S.C. 3839bb–3). surveys with the Department of the of the Colorado River; (L) The delivery of technical Army under 16 U.S.C. 1009; and (E) Develop and implement long-term assistance under section 1242 of the Act (G) The Emergency Conservation monitoring and evaluation plans to (16 U.S.C. 3842), including the approval Program and the Emergency Watershed measure and report progress and of persons or entities outside of USDA Protection Program under sections 401– accomplishments in achieving program to provide technical services. 405 of the Agricultural Credit Act of objectives; and (M) The authority for partnerships 1978, 16 U.S.C. 2201–2205, except for (F) Enter into and administer and cooperation provided by section the provisions of sections 401 and 402, contracts with program participants and 1243 of the Act (16 U.S.C. 3843). 16 U.S.C. 2201–2202, as administered waive cost-sharing requirements when (N) The incentives for certain farmers by the Under Secretary for Farm such cost-sharing requirements would and ranchers and Indian tribes and the Production and Conservation. result in a failure to proceed with protection of certain proprietary (v) Administer the Great Plains needed on-farm measures. information related to natural resources Conservation Program and the Critical (xiii) Except as otherwise delegated, conservation programs as provided by Lands Resources Conservation Program administer natural resources section 1244 of the Act (16 U.S.C. 3844). under 16 U.S.C. 590p(b), 590q and conservation authorities, including (O) The Agriculture Conservation 590q–3. authorities related to programs of the Experienced Services Program (vi) Administer the Resource Commodity Credit Corporation that authorized by section 1252 of the Act Conservation and Development Program provide assistance with respect to (16 U.S.C. 3851). under 16 U.S.C. 590 a–f; 7 U.S.C. 1010– natural resources conservation, under (P) The authority under sections 1011; and 16 U.S.C. 3451–3461, except Title XII of the Food Security Act of 1261–1262 of the Act (16 U.S.C. 3861– for responsibilities assigned to the 1985 (the Act), as amended (16 U.S.C. 3862) to establish and utilize State Assistant to the Secretary for Rural 3801 et seq.), including the following: Technical Committees. Development. (A) Technical assistance related to the (Q) The Grassland Reserve Program (vii) Responsibility for entering into conservation of highly erodible lands under sections 1238N–1238Q of the Act long-term contracts for carrying out and wetlands pursuant to sections (16 U.S.C. 3838n–3838q). conservation and environmental 1211–1223 of the Act (16 U.S.C. 3811– (R) The authority in section 1241 of measures in watershed areas. 3823). the Act (16 U.S.C. 3841) to accept and (viii) Provide national leadership for (B) Technical assistance related to the use voluntary contributions of non– and administer the Soil and Water Conservation Reserve Program Federal funds in support of natural Resources Conservation Act of 1977 (16 authorized by sections 1231–1235A of resources conservation programs under U.S.C. 2001 et seq.). the Act (16 U.S.C. 3831–3835a). subtitle D of title XII of the Act with

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22181

respect to authorities delegated to the (xxv) Administer the Terminal Lakes Department agencies of their functions Under Secretary for Farm Production assistance program authorized by involving foreign agricultural policies and Conservation. section 2507 of the Farm Security and and programs and their operations and (S) The Agricultural Conservation Rural Investment Act of 2002 (16 U.S.C. activities in foreign areas. Act as liaison Easement Program authorized by 3839bb–6). on these matters and functions relating sections 1265–1265D of the Act (16 * * * * * to foreign agriculture between the U.S.C. 3865–3865d). (10) Carry out prize competition Department of Agriculture and the (T) The Regional Conservation authorities in section 24 of the Department of State, the United States Partnership Program authorized by Stevenson–Wydler Technology Trade Representative, the Trade Policy sections 1271–1271F (16 U.S.C. 3871– Innovation Act of 1980 (15 U.S.C. 3719) Committee, the Agency for International 3871f). related to functions otherwise delegated Development, and other departments, (U) The Voluntary Public Access and to the Under Secretary for Farm agencies, and committees of the U.S. Habitat Incentive Program authorized by Production and Conservation, except for Government, foreign governments, the section 1240R of the Act (16 U.S.C. authorities delegated to the Chief Organization for Economic Cooperation 3839bb–5). Financial Officer in § 2.28(a)(29) and and Development, the European Union, (V) A wetlands mitigation banking authorities reserved to the Secretary in the Food and Agriculture Organization program authorized by section 1222(k) paragraph (b)(4) of this section. of the United Nations, the International of the Act (16 U.S.C. 3822(k)). (b) * * * Bank for Reconstruction and (xiv) Approve and transmit to the (2) Related to natural resources Development, the Inter-American Congress comprehensive river basin conservation. Designation of new Development Bank, the Organization of reports. project areas in which the resource American States, and other public and (xv) Provide representation on the conservation and development program private U.S. and international Water Resources Council and river basin assistance will be provided. organizations, and the contracting commissions created by 42 U.S.C. 1962, parties to the World Trade Organization and on river basin interagency * * * * * (WTO). committees. ■ 6. Amend § 2.17 by adding paragraph (ii) Administer Departmental (xvii) Administer the Water Bank (a)(20)(xiv) to read as follows: programs concerned with development Program under the Water Bank Act (16 § 2.17 Assistant to the Secretary for Rural of foreign markets for agricultural U.S.C. 1301 et seq.). Development. products of the United States except (xviii) [Reserved] functions relating to export marketing (xix) Coordinate USDA input and (a) * * * operations under section 32 of the Act assistance to the Department of (20) * * * of August 23, 1935, as amended (7 Commerce and other Federal agencies (xiv) Administer the authority under U.S.C. 612c), delegated to the Under consistent with section 307 of the section 746 of Division A of the Secretary for Marketing and Regulatory Coastal Zone Management Act of 1972 Consolidated Appropriations Act, 2018 Programs, and utilization research (16 U.S.C. 1456), and coordinate USDA (Pub. L. 115–141), and any successor delegated to the Under Secretary for review of qualifying state and local provisions in subsequent appropriations Research, Education, and Economics. government coastal management plans acts, to issue waivers to the U.S. iron (iii) Conduct studies of worldwide or programs prepared under such Act and steel requirements for the production, trade, marketing, prices, and submitted to the Secretary of construction, alteration, maintenance, or consumption, and other factors affecting Commerce, consistent with section repair of a public water or wastewater exports and imports of U.S. agricultural 306(a) and (c) of such Act (16 U.S.C. system. commodities; obtain information on 1455(a) and (c)). * * * * * methods used by other countries to (xx) Administer the Healthy Forests move farm commodities in world trade § 2.20 [Amended] Reserve Program authorized by sections on a competitive basis for use in the 501–508, Title V of the Healthy Forests ■ 7. Amend § 2.20 by removing and development of programs of this Restoration Act of 2003 (16 U.S.C. reserving paragraph (a)(3). Department; provide information to 6571–6578). domestic producers, the agricultural (xxi) Implement the information § 2.22 [Amended] trade, the public and other interests; and disclosure authorities of section ■ 8. Amend § 2.22 by: promote normal commercial markets 1619(b)(3)(A) of the Food, Conservation, ■ a. Revising all references to abroad. This delegation excludes basic and Energy Act of 2008 (7 U.S.C. ‘‘2.16(a)(3)(x)’’ to read ‘‘2.26(a)(1)(x)’’; and long-range analyses of world 8791(b)(3)(A)). ■ b. Revising all references to ‘‘Under conditions and developments affecting (xxii) In coordination with the Secretary for Farm and Foreign supply, demand, and trade in farm Director, Office of Advocacy and Agricultural Services’’ to read ‘‘Under products and general economic analyses Outreach, issue receipts under section Secretary for Trade and Foreign of the international financial and 2501A(e) of the Food, Agriculture, Agricultural Affairs’’; and monetary aspects of agricultural affairs Conservation, and Trade Act of 1990 (7 ■ c. Removing and reserving paragraph as assigned to the Under Secretary for U.S.C. 2279–1(e)). (a)(1)(viii)(DDD). Research, Education, and Economics. (xxiii) Authorize employees of the ■ 9. Add § 2.26 to read as follows: (iv) Conduct functions of the Natural Resources Conservation Service Department relating to WTO, the Trade to carry and use firearms for personal § 2.26 Under Secretary for Trade and Expansion Act of 1962 (19 U.S.C. 1801 protection while conducting field work Foreign Agricultural Affairs. et seq.), the Trade Act of 1974 (19 U.S.C. in remote locations in the performance (a) The following delegations of 2101 et seq.), the Trade Agreements Act of their official duties (7 U.S.C. 2274a). authority are made by the Secretary of of 1979 (19 U.S.C. 2501 et seq.), the (xxiv) Conduct activities that assist Agriculture to the Under Secretary for Omnibus Trade and Competition Act of the Chief Economist in developing Trade and Foreign Agricultural Affairs: 1988 (19 U.S.C. 2901 et seq.), the guidelines regarding the development of (1) Related to foreign agriculture. (i) provisions of subtitle B of title III of the environmental services markets. Coordinate the carrying out by North American Free Trade Agreement

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22182 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

Implementation Act, and other Research and Promotion Act (7 U.S.C. Food for Peace Act (except as delegated legislation affecting international 1292 note); the Cotton Research and to the Under Secretary for Research, agricultural trade including the Promotion Act (7 U.S.C. 2101–2118); the Education, and Economics in programs designed to reduce foreign Potato Research and Promotion Act (7 § 2.21(a)(8)), and represent the tariffs and other trade barriers. U.S.C. 2611–2627); the Egg Research Department in its relationships in such (v) Maintain a worldwide agricultural and Consumer Information Act of 1974 matters with the Department of State, intelligence and reporting system, (7 U.S.C. 2701–2718); the Beef Research any interagency committee on the Food including provision for foreign and Information Act, as amended (7 for Peace Act, and other departments, agricultural representation abroad to U.S.C. 2901–2911); the Wheat and agencies and committees of the protect and promote U.S. agricultural Wheat Foods Research and Nutrition Government. interests and to acquire information on Education Act (7 U.S.C. 3401–3417); the (xv)–(xvi) [Reserved] demand, competition, marketing, and Floral Research and Consumer (xvii) Carry out activities relating to distribution of U.S. agricultural Information Act of 1981 (7 U.S.C. 4301– the sale, reduction, or cancellation of commodities abroad pursuant to title VI 4319); subtitle B of title I of the Dairy debt, as authorized by title VI of the of the Agricultural Act of 1954, as and Tobacco Adjustment Act of 1983 (7 Agricultural Trade and Development amended (7 U.S.C. 1761–1768). U.S.C. 4501–4514); the Honey Research, Act of 1954, as amended (7 U.S.C. 1738 (vi) Exercise the Department’s Promotion, and Consumer Information et seq.). functions with respect to the Act of 1984, as amended (7 U.S.C. 4601– (xviii) [Reserved] International Coffee Agreement or any 4613); the Pork Promotion, Research, (xix) Allocate the agricultural such future agreement. and Consumer Information Act of 1985 commodities acquired under price (vii) Administer functions of the (7 U.S.C. 4801–4819); the Watermelon support programs that have been Department relating to import controls, Research and Promotion Act, as determined by the Under Secretary for except those functions reserved to the amended (7 U.S.C. 4901–4916); the Farm Production and Conservation or Secretary in paragraph (b) of this section Pecan Promotion and Research Act of designee to be available for export and those relating to section 8e of the 1990 (7 U.S.C. 6001–6013); the among the various export programs. Agricultural Act of 1938 (7 U.S.C. 608e– Mushroom Promotion, Research, and (xx) Conduct economic analyses 1), as assigned to the Under Secretary Consumer Information Act of 1990 (7 pertaining to the foreign sugar situation. for Marketing and Regulatory Programs. U.S.C. 6101–6112); the Lime Research, (xxi) Exercise the Department’s These include: Promotion, and Consumer Information functions with respect to the (A) Functions under section 22 of the Act of 1990 (7 U.S.C. 6201–6212); the International Sugar Agreement or any Agricultural Adjustment Act of 1933, as Soybean Promotion, Research, and such future agreements. amended (7 U.S.C. 624); Consumer Information Act of 1990 (7 (xxii) Exercise the Department’s (B) General note 15(c) to the U.S.C. 6301–6311); the Fluid Milk responsibilities with respect to tariff- Harmonized Tariff Schedule of the Promotion Act of 1990 (7 U.S.C. 6401– rate quotes for dairy products under United States (19 U.S.C. 1202); 6417); the Fresh Cut Flowers and Fresh chapter 4 of the Harmonized Tariff (C) Requests for emergency relief from Cut Greens Promotion and Consumer Schedule of the United States (19 U.S.C. duty-free imports of perishable products Information Act (7 U.S.C. 6801–6814); 1202). filed with the Department of Agriculture the Sheep Promotion, Research, and (xxiii) Serve as a focal point for under section 213(f) of the Caribbean Information Act of 1994 (7 U.S.C. 7101– handling quality or weight discrepancy Basin Recovery Act of 1983 (19 U.S.C. 7111); the Commodity Promotion, inquiries from foreign buyers of U.S. 2703(f)); Research, and Information Act of 1996 agricultural commodities to insure that (D) Section 404 of the Trade and (7 U.S.C. 7411–7425); the Canola and they are investigated and receive a Tariff Act of 1984 (19 U.S.C. 2112 note); Rapeseed Research, Promotion, and timely response and that reports thereof (E) Section 204(d) of the Andean Consumer Information Act (7 U.S.C. are made to appropriate parties and Trade Preference Act (19 U.S.C. 7441–7452); the National Kiwifruit government officials in order that 3203(d)); Research, Promotion, and Consumer corrective action may be taken. (F) Functions under sections 309 and Information Act (7 U.S.C. 7461–7473); (xxiv) Establish and administer 316 of the North American Free Trade and, the Popcorn Promotion, Research, regulations relating to foreign travel by Agreement Implementation Act (19 and Consumer Information Act (7 U.S.C. employees of the Department. U.S.C. 3358 and 3381); 7481–7491). This authority includes Regulations will include, but not be (G) Section 301(a) of the United determining the programs and activities limited to, obtaining and controlling States–Canada Free Trade Agreement to be undertaken and assuring that they passports, obtaining visas, coordinating Implementation Act (19 U.S.C. 2112 are coordinated with the overall Department of State medical clearances note); and departmental programs to develop and imposing requirements for (H) Section 204 of the Agricultural foreign markets for U.S. agricultural itineraries and contacting the Foreign Act of 1956, as amended (7 U.S.C. products. Agricultural Affairs Officers upon 1854). (xi) Formulate policies and administer arrival in the Officers’ country(ies) of (viii) Conduct Department activities to barter programs under which responsibility. carry out the provisions of the Export agricultural commodities are exported. (xxv) Formulate policies and Administration Act of 1979, as amended (xii) Perform functions of the administer programs and activities (50 U.S.C. Chapter 56). Department in connection with the authorized by the Agricultural Trade (ix) Exercise the Department’s development and implementation of Act of 1978, as amended (7 U.S.C. 5601 responsibilities in connection with agreements to finance the sale and et seq.). international negotiations of the Grains exportation of agricultural commodities (xxvi) Administer the Foreign Service Trade Convention and in the under the Food for Peace Act (7 U.S.C. personnel system for the Department in administration of such Convention. 1691, 1701 et seq.). accordance with 22 U.S.C. 3922, except (x) Plan and carry out programs and (xiii) [Reserved] as otherwise delegated to the Under activities under the foreign market (xiv) Coordinate within the Secretary for Marketing and Regulatory promotion authority of: The Wheat Department activities arising under the Programs in § 2.22(a)(2)(i), but including

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22183

authority to approve joint regulations (xxxvi) Direct and coordinate the (B) Section 12315 relating to the issued by the Department of State and Department’s work with international Agriculture Wool Apparel authority to represent the Department of organizations and interagency Manufacturers Trust Fund (7 U.S.C. Agriculture in all interagency committees concerned with food and 7101 note), in coordination with the consultations and negotiations with the agricultural development programs (7 Under Secretary for Farm Production other foreign affairs agencies with U.S.C. 2201–2202). and Conservation. respect to joint regulations. (xxxvii) Coordinate policy (2) [Reserved] (xxvii) Establish and maintain U.S. formulation for USDA international (3) Administer responsibilities and Agricultural Trade Offices, to develop, science and technology programs functions assigned under the Defense maintain and expand international concerning international agricultural Production Act of 1950 (50 U.S.C. App. markets for U.S. agricultural research centers, international 2061 et seq.), and title VI of the Robert commodities in accordance with title IV organizations, and international T. Stafford Disaster Relief and of Public Law No. 95–501 (7 U.S.C. agricultural research and extension Emergency Assistance Act (42 U.S.C. 1765a–g). activities (7 U.S.C. 3291). 5195 et seq.), concerning foreign (xxviii) Administer the programs (xxxviii) Disseminate, upon request, agricultural intelligence and other under section 416(b) of the Agricultural information on subjects connected with foreign agricultural matters. Act of 1949, as amended (7 U.S.C. agriculture which has been acquired by (4) Carry out prize competition 1431(b)), relating to the foreign donation USDA agencies that may be useful to the authorities in section 24 of the of CCC stocks of agricultural U.S. private sector in expanding foreign Stevenson-Wydler Technology commodities, except as otherwise markets and investment opportunities Innovation Act of 1980 (15 U.S.C. 3719) delegated in § 2.42(a)(43). through the operation of a Department related to functions otherwise delegated (xxix) Support remote sensing information center, pursuant to 7 U.S.C. to the Under Secretary for Trade and activities of the Department and 2201. Foreign Agricultural Affairs, except for research with satellite imagery (xxxix) Enter into contracts, grants, authorities delegated to the Chief including: cooperative agreements, and cost Financial Officer in § 2.28(a)(29) and (A) Providing liaison with U.S. space reimbursable agreements relating to authorities reserved to the Secretary in programs; agricultural research, extension, or paragraph (b)(2) of this section. (B) Providing administrative teaching activities (7 U.S.C. 3318, (5) Related to the U.S. Codex Office. management of the USDA Remote 3319a). (i) Inform the public of the sanitary and Sensing Archive and the transfer of (xl) Determine amounts reimbursable phytosanitary standard-setting activities satellite imagery to all USDA agencies; for indirect costs under international of the Codex Alimentarius Commission (C) Coordinating all agency satellite agricultural programs and agreements (7 (19 U.S.C. 2578; Pres. Proc. 6780). imagery data needs; and U.S.C. 3319). (D) Arranging for acquisition, and (ii) Enter into agreements with (xli) Administer the Cochran preparation of imagery for use to the organizations, institutions or Fellowship Program (7 U.S.C. 3293). extent of existing capabilities. individuals throughout the world to (xxx) [Reserved] (xlii) Determine quantity trigger levels conduct activities related to the sanitary (xxxi) Administer programs under the and impose additional duties under the and phytosanitary standard-setting Food for Progress Act of 1985 (7 U.S.C. special safeguard measures in activities of the Codex Alimentarius 1736o), except as otherwise delegated in accordance with U.S. note 2 to Commission, including international § 2.42(a)(43). subchapter IV of chapter 99 of the outreach and education, in order to (xxxii) Serve as Department adviser Harmonized Tariff Schedule of the promote and support the development on policies, organizational United States (19 U.S.C. 1202). of a viable and sustainable global arrangements, budgets, and actions to (xliii) Implement provisions of the agricultural system; antihunger and accomplish international scientific and Trade Act of 1974 regarding adjustment improved international nutrition efforts; technical cooperation in food and assistance for farmers (19 U.S.C. 2401– and increased quantity, quality, and agriculture. 2401g). availability of food (7 U.S.C. 3291). (xxxiii) Administer and direct the (xliv) Implement section 3107 of the (iii) Coordinate with institutions and Department’s programs in international Farm Security and Rural Investment Act other persons throughout the world development, technical assistance, and of 2002 (7 U.S.C. 1736o–1). performing agricultural and related training carried out under the Foreign (xlv) [Reserved] research, extension, and teaching Assistance Act, as amended, as (xlvi) Implement section 3206 of the activities by exchanging research requested under such act (22 U.S.C. Food, Conservation, and Energy Act of materials and results with such 2151 et seq.). 2008 (7 U.S.C. 1726c) regarding local institutions or persons or by conducting (xxxiv) Administer and coordinate and regional food aid procurement with such institutions or persons joint assigned Departmental programs in projects. or coordinated research, extension, or international research and scientific and (xlvii) Administer the Borlaug teaching activities that are related to the technical cooperation with other International Agricultural Science and sanitary and phytosanitary standard- governmental agencies, land grant Technology Fellowship Program (7 setting activities of the Codex universities, international organizations, U.S.C. 3319j). Alimentarius Commission and that international agricultural research (xlviii) [Reserved] address problems of significance to food centers, and other organizations, (xlix) Administer the following and agriculture in the United States (7 institutions, or individuals (7 U.S.C. provisions of the Agricultural Act of U.S.C. 3291). 1624, 3291). 2014, Public Law 113–79: (iv) Work with transitional and more (xxxv) Direct and coordinate the (A) Section 12314 relating to the Pima advanced countries in food, agricultural, Department’s participation in scientific Agriculture Cotton Trust Fund (7 U.S.C. and related research, development, and technical matters and exchange 2101 note), in coordination with the teaching, and extension activities agreements between the United States Under Secretary for Farm Production related to the sanitary and phytosanitary and other countries. and Conservation. standard-setting activities of the Codex

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22184 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

Alimentarius Commission (7 U.S.C. § 2.31 General Counsel. USDA office’s and agencies’ Freedom of 3291). (a) * * * Information Act activities; contracts for (v) Enter into contracts, grants, (18) Conduct legal sufficiency reviews the performance of trademark searches cooperative agreements, and cost and concur before a proposed settlement or other trademark or copyright related reimbursable agreements to carry out offer is made to an opposing party for services; or contracts for the the Department’s agricultural research, all informal and formal Equal performance of patent prosecution or extension, or teaching activities related Employment Opportunity (EEO), Office other related patent services. to the sanitary and phytosanitary of Special Counsel (OSC), or Merit * * * * * standard-setting activities of the Codex Systems Protection Board (MSPB) Alimentarius Commission (7 U.S.C. complaints that: Subpart F—Delegations of Authority 3318, 3319a). (i) Require a payment of by the Under Secretary for Farm (vi) Determine amounts reimbursable compensatory damages or attorney’s Production and Conservation for indirect costs under international fees resulting in costs to the Department ■ 11. The heading for subpart F is agricultural programs and agreements (7 totaling $50,000 or more; or revised to read as set forth above. U.S.C. 3319). (ii) Are brought by, or allege discriminatory conduct by, any political ■ 12. Revise § 2.40 to read as follows: (vii) Coordinate policy formulation for appointee; or USDA international science and (iii) Place any political appointee on § 2.40 Deputy Under Secretary for Farm technology programs concerning the Production and Conservation. a detail outside the Department or on an sanitary and phytosanitary standard- Intergovernmental Personnel Act (IPA) Pursuant to § 2.16(a), subject to setting activities of the Codex agreement for one year or more if the reservations in § 2.16(b), and subject to Alimentarius Commission (7 U.S.C. Department retains the obligation to pay policy guidance and direction by the 3291). the employee’s salary and benefits Under Secretary, the following (b) The following authorities are during the duration of the detail or IPA delegation of authority is made to the reserved to the Secretary of Agriculture: agreement. Deputy Under Secretary for Farm (1) Related to foreign agriculture. (i) (19) Review monetary settlement Production and Conservation, to be Approving export controls with respect agreements of any dollar amount exercised only during the absence or to any agricultural commodity, negotiated by USDA offices or agencies unavailability of the Under Secretary: including fats and oils or animal hides upon request except that legal Perform all the duties and exercise all or skins as provided for in the Export sufficiency review conducted by and the powers which are now or which Administration Act of 1969, as amended concurrence from the Office of the may hereafter be delegated to the Under (50 U.S.C. App. 2401 et seq.). General Counsel is required prior to Secretary for Farm Production and (ii) Advising the President that execution for all proposed settlement Conservation: Provided, that this imports are having the effect on agreements negotiated by USDA offices authority shall be exercised by the programs or operations of this or agencies totaling $500,000 or more, respective Deputy Under Secretary in the order in which he or she has taken Department required as a prerequisite including attorney’s fees. This required office as a Deputy Under Secretary. for the imposition of import controls review is in addition to existing under section 22 of the Agricultural ■ 13. Amend § 2.42 by: delegations of authority and processes ■ Adjustment Act of 1933, as amended (7 for USDA offices’ or agencies’ a. Revising paragraph (a) introductory U.S.C. 624a), recommending that the processing of settlement agreements. text; ■ b. Removing the citation ‘‘§ 2.43’’ and President cause an investigation to be This required review does not apply to: made by the Tariff Commission of the (i) Settlements pursuant to the Federal adding in its place the citation ‘‘§ 2.601’’ in paragraph (a)(7); facts so that a determination can be Tort Claims Act, which the Office of the ■ c. Removing the words ‘‘Under made whether import restrictions General Counsel handles pursuant to should be imposed under that Act, and Secretary for Farm and Foreign paragraph (a)(1) of this section; Agricultural Services’’ and adding in determining under section 204(e) of the (ii) Settlements for personnel matters, their place the words ‘‘Under Secretary Andean Trade Preference Act (19 U.S.C. which the Office of the General Counsel for Trade and Foreign Agricultural 3203(e)) that there exists a serious handles pursuant to paragraph (a)(18) of Affairs’’ in paragraph (a)(11); injury, or threat thereof and this section; ■ d. Removing the words ‘‘Under (iii) Settlement of contract claims, recommending to the President whether Secretary for Farm and Foreign which contracting officers handle or not to take action. Agricultural Services’’ and adding in pursuant to the Contract Disputes Act (iii) Determining the agricultural their place the words ‘‘Under Secretary (41 U.S.C. 601 et seq.) and Federal commodities and the quantities thereof for Farm Production and Conservation’’ Acquisition Regulation (48 CFR parts 1 available for disposition under the Food in paragraph (a)(45); for Peace Act (7 U.S.C. 1731). through 99); or ■ e. Adding paragraphs (a)(60), (61), and (iv) Settlement of USDA offices’ or (2) Approval of prize competitions (62); and that may result in the award of more agencies’ debt collection actions. ■ f. Removing the words ‘‘Under (20) Conduct legal sufficiency reviews than $1,000,000 in cash prizes under Secretary for Farm and Foreign and concur with all proposed agency section 24(m)(4)(B) of the Stevenson- Agricultural Affairs’’ and adding in their contracts or other transactions to retain Wydler Technology Innovation Act of place the words ‘‘Under Secretary for outside counsel or for the provision of 1980 (15 U.S.C. 3719(m)(4)(B)). Farm Production and Conservation’’ in legal services regardless of whether an paragraph (b) introductory text. Subpart D—Delegations of Authority to agency has specific statutory authority The revisions and additions read as Other General Officers and Agency to retain outside counsel or legal follows: Heads services. The following services do not require legal sufficiency review and § 2.42 Administrator, Farm Service ■ 10. Amend § 2.31 by revising concurrence from the Office of the Agency. paragraph (a)(18) and adding paragraphs General Counsel: Contracts for the (a) Delegations. Pursuant to (a)(19) and (20) to read as follows: provision of services in relation to § 2.16(a)(1) and (2) and (a)(6) through

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22185

(8), subject to the reservations in 1470 of the Food, Agriculture, furnishing photographs, mosaics, and § 2.16(b)(1), the following delegations of Conservation, and Trade Act of 1990 (7 maps. authority are made by the Under U.S.C. 4201 note), except as otherwise (iii) Conducting and coordinating Secretary for Farm Production and delegated to the Administrator, snow surveys and making water supply Conservation to the Administrator, Farm Agricultural Research Service in forecasts pursuant to Reorganization Service Agency: § 2.65(a)(80) and the Director, National Plan No. IV of 1940 (5 U.S.C. App.); * * * * * Institute of Food and Agriculture in (iv) Operating plant materials centers (60) Administer the funds made § 2.66(a)(76). for the assembly and testing of plant available to the Office of the Secretary (3) Administer the basic program of species in conservation programs, under Title I of Subdivision B, Further soil and water conservation under including the use, administration, and Supplemental Appropriations for Public Law No. 46, 74th Congress, as disposition of lands under the Disaster Relief Requirements Act, 2018, amended, and related laws (16 U.S.C. administration of the Natural Resources Public Law 115–123. 590a–f, 1–1, q, q–1; 42 U.S.C. 3271– Conservation Service for such purposes (61) Administer the Organic 3274; 7 U.S.C. 2201), including: under title III of the Bankhead–Jones Certification Cost Share Programs (i) Technical and financial assistance Farm Tenant Act (7 U.S.C. 1010–1011); authorized under the Federal Crop to land users in carrying out locally and Insurance Act (7 U.S.C. 1524(b)(4)(C)(ii), adapted soil and water conservation (v) Providing leadership in the and under the Farm Security and Rural programs primarily through soil and inventorying and monitoring of soil, Investment Act, as amended by the water conservation districts in the water, land, and related resources of the Agricultural Act of 2014 (7 U.S.C. 6523). several States, the District of Columbia, Nation. (62) Determine the agricultural the Commonwealth of Puerto Rico, and (4) Administer the Watershed commodities acquired under price the Commonwealth of the Northern Protection and Flood Prevention support programs which are available Mariana Islands, American Samoa, Programs, including: for export. Guam, the Virgin Islands, and Federally (i) The eleven authorized watershed recognized Native American tribes, but * * * * * projects authorized under 33 U.S.C. also to communities, watershed groups, 702b–1, except for responsibilities ■ 14. Revise § 2.43 to read as follows: Federal and State agencies, and other assigned to the Forest Service; § 2.43 Chief, Natural Resources and cooperators. This authority includes (ii) The emergency flood control work Conservation Service. such assistance as: under 33 U.S.C. 701b–1, except for (A) Comprehensive planning (a) Delegations. Pursuant to responsibilities assigned to the Forest assistance in nonmetropolitan districts; § 2.16(a)(3), subject to reservations in Service; (B) Assistance in the field of income- § 2.16(b) of this chapter, the following (iii) The Cooperative River Basin producing recreation on rural non- delegations of authority are made by the Surveys and Investigations Programs Federal lands; under 16 U.S.C. 1006, except for Under Secretary for Farm Production (C) Forestry assistance, as part of total and Conservation to the Chief of the responsibilities assigned to the Forest technical assistance to private land Service; Natural Resources Conservation Service: owners and land users when such (iv) The pilot watershed projects (1) Provide national leadership in the services are an integral part of land under 16 U.S.C. 590a–f, and 16 U.S.C. conservation, development and management and such services are not 1001–1009, except for responsibilities productive use of the Nation’s soil, available from a State agency; and assigned to the Forest Service; water, and related resources. Such forestry services in connection with (v) The Watershed Protection and leadership encompasses soil, water, windbreaks and shelter belts to prevent Flood Prevention Program under 16 plant, and wildlife conservation; small wind and water erosion of lands; U.S.C. 1001–1010, including watershed protection and flood (D) Assistance in developing rehabilitation of water resource prevention; and resource conservation programs relating to natural beauty; and and development. Integrated in these (E) Assistance to other USDA agencies structural measures constructed under programs are erosion control, sediment in connection with the administration of certain Department of Agriculture reduction, pollution abatement, land their programs, as follows: programs under 16 U.S.C. 1012, except use planning, multiple use, (1) To the Farm Service Agency in the for responsibilities assigned to the Rural improvement of water quality, and development and technical servicing of Housing Service and the Forest Service. several surveying and monitoring certain programs, such as the (vi) The joint investigations and activities related to environmental Agricultural Conservation Program and surveys with the Department of the improvement. All are designed to other such similar conservation Army under 16 U.S.C. 1009; and assure: programs; (vii) The Emergency Conservation (i) Quality in the natural resource base (2) To the Rural Housing Service in Program and the Emergency Watershed for sustained use; connection with their loan and land Protection Program under sections 401– (ii) Quality in the environment to disposition programs. 405 of the Agricultural Credit Act of provide attractive, convenient, and (ii) Soil Surveys, including: 1978, 16 U.S.C. 2201–2205, except for satisfying places to live, work, and play; (A) Providing leadership for the the provisions of sections 401 and 402, and Federal part of the National Cooperative 16 U.S.C. 2201–2202, as administered (iii) Quality in the standard of living Soil Survey which includes conducting by the Farm Service Agency. based on community improvement and and publishing soil surveys; (5) Administer the Great Plains adequate income. (B) Conducting soil surveys for Conservation Program and the Critical (2) Provide national leadership in resource planning and development; Lands Resources Conservation Program evaluating and coordinating land use and under 16 U.S.C. 590p(b). policy, and administer the Farmland (C) Performing the cartographic (6) Administer the Resource Protection Policy Act (7 U.S.C. 4201 et services essential to carrying out the Conservation and Development Program seq.), including the Farms for the Future functions of the Natural Resources under 16 U.S.C. 590a–f; 7 U.S.C. 1010– Program authorized by sections 1465– Conservation Service, including 1011; and 16 U.S.C. 3451–3461, except

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22186 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

for responsibilities assigned to the Rural 1985 (the Act), as amended (16 U.S.C. authorized by section 1252 of the Act Utilities Service. 3801 et seq.), including the following: (16 U.S.C. 3851). (7) Responsibility for entering into (i) Technical assistance related to the (xvi) The authority under sections long-term contracts for carrying out conservation of highly erodible lands 1261–1262 of the Act (16 U.S.C. 3861– conservation and environmental and wetlands pursuant to sections 3862) to establish and utilize State measures in watershed areas. 1211–1223 of the Act (16 U.S.C. 3811– Technical Committees. (8) Provide national leadership for 3823); (xvii) Those portions of the Grassland and administer the Soil and Water (ii) Technical assistance related to the Reserve Program under sections 1238N– Resources Conservation Act of 1977 (16 Conservation Reserve Program 1238Q of the Act (16 U.S.C. 3838n– U.S.C. 2001 et seq.), except for authorized by sections 1231–1235A of 3838q) that are or become the responsibilities assigned to other USDA the Act (16 U.S.C. 3831–3835a); responsibility of the Under Secretary for agencies. (iii) The Wetlands Reserve Program Farm Production and Conservation. (9) Administer Rural Clean Water and the Emergency Wetlands Reserve (xviii) The authority in section 1241 Program and other responsibilities Program authorized by sections 1237– of the Act (16 U.S.C. 3841) to accept and assigned under section 35 of the Clean 1237F of the Act (16 U.S.C. 3837–3837f) use voluntary contributions of non– Water Act of 1977 (33 U.S.C. 1251 et and the Emergency Supplemental Federal funds in support of natural seq.). Appropriations for Relief from the resources conservation programs under (10) Monitor actions and progress of Major, Widespread Flooding in the subtitle D of title XII of the Act with USDA in complying with Executive Midwest Act, Public Law 103–75; respect to authorities delegated to the Order 11988, Flood Plain Management, (iv) The Conservation Security Chief, Natural Resources Conservation 3 CFR, 1977 Comp., p. 117, and Program authorized by sections 1238– Service. Executive Order 11990, Protection of 1238C (16 U.S.C. 3838–3838c) and the (xix) The Agricultural Conservation Wetlands, 3 CFR, 1977 Comp., p. 121, Conservation Stewardship Program Easement Program authorized by regarding management of floodplains authorized by sections 1238D–1238G sections 1265–1265D of the Act (16 and protection of wetlands; monitor (16 U.S.C. 3838d–3838g). U.S.C. 3865–3865d). USDA efforts on protection of important (v) The Farmland Protection Program (xx) The Regional Conservation agricultural, forest and rangelands; and authorized by sections 1238H–1238I of Partnership Program authorized by provide staff assistance to the USDA the Act (16 U.S.C. 3838h–3838i); sections 1271–1271F (16 U.S.C. 3871– Natural Resources and Environment (vi) The Farm Viability Program 3871f). (xxi) The Voluntary Public Access Committee. authorized by section 1238J of the Act and Habitat Incentive Program (11) Administer the search and rescue (16 U.S.C. 3838j); authorized by section 1240R of the Act operations authorized under 7 U.S.C. (vii) The Environmental Easement (16 U.S.C. 3839bb–5). 2273. Program authorized by sections 1239– (12) Administer section 202(c) of the (xxii) A wetlands mitigation banking 1239D of the Act (16 U.S.C. 3839– Colorado River Basin Salinity Control program authorized by section 1222(k) 3839d); Act, 43 U.S.C. 1592(c) including: of the Act (16 U.S.C. 3822(k)). (i) Identify salt source areas and (viii) The Environmental Quality (14) Approve and transmit to the determine the salt load resulting from Incentives Program authorized by Congress comprehensive river basin irrigation and watershed management sections 1240–1240I of the Act (16 reports. practices; U.S.C. 3839aa–3839aa–9); (15) Provide representation on the (ii) Conduct salinity control studies of (ix) The conservation of private Water Resources Council and river basin irrigated salt source areas; grazing lands authorized by section commissions created by 42 U.S.C. 1962, (iii) Provide technical and financial 1240M of the Act (16 U.S.C. 3839bb); and on river basin interagency assistance in the implementation of (x) The Wildlife Habitat Incentives committees. salinity control projects including the Program authorized by section 1240N of (16) [Reserved] development of salinity control plans, the Act (16 U.S.C. 3839bb–1); (17) Administer the Water Bank technical services for application, and (xi) The program for soil erosion and Program under the Water Bank Act (16 certification of practice applications; sedimentation control in the Great Lakes U.S.C. 1301 et seq.). (iv) Develop plans for implementing basin authorized by section 1240P of the (18) Administer the agricultural measures that will reduce the salt load Act (16 U.S.C. 3839bb–3); management assistance provisions of of the Colorado River; (xii) The delivery of technical section 524(b) of the Federal Crop (v) Develop and implement long-term assistance under section 1242 of the Act Insurance Act, as amended (7 U.S.C. monitoring and evaluation plans to (16 U.S.C. 3842), including the approval 1524(b)), except for responsibilities measure and report progress and of persons or entities outside of USDA assigned to the Administrator, Risk accomplishments in achieving program to provide technical services; Management Agency, and to the objectives; and (xiii) The authority for partnerships Administrator, Farm Service Agency. (vi) Enter into and administer and cooperation provided by section (19) Administer the Healthy Forests contracts with program participants and 1243 of the Act (16 U.S.C. 3843); and Reserve Program authorized by sections waive cost-sharing requirements when (xiv) The incentives for certain 501–508, Title V of the Healthy Forests such cost-sharing requirements would farmers and ranchers and Indian tribes Restoration Act of 2003 (16 U.S.C. result in a failure to proceed with and the protection of certain proprietary 6571–6578). needed on-farm measures. information related to natural resources (20) Coordinate USDA input and (13) Administer natural resources conservation programs as provided by assistance to the Department of conservation authorities, including section 1244 of the Act (16 U.S.C. 3844), Commerce and other Federal agencies authorities related to programs of the except for responsibilities assigned to consistent with section 307 of the Commodity Credit Corporation that the Administrator, Farm Service Coastal Zone Management Act of 1972 provide assistance with respect to Agency. (16 U.S.C. 1456), and coordinate USDA natural resources conservation, under (xv) The Agriculture Conservation review of qualifying state and local Title XII of the Food Security Act of Experienced Services Program government coastal management plans

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22187

or programs prepared under such Act granting of awards to individuals (v) Noise Control Act of 1972, as and submitted to the Secretary of providing information; amended (42 U.S.C. 4901 et seq.); Commerce, consistent with section (viii) Section 111(f) of the Act (42 (vi) Toxic Substances Control Act, as 306(a) and (c) of such Act (16 U.S.C. U.S.C. 9611(f)), with respect to the amended, (15 U.S.C. 2601 et seq.); 1455(a) and (c)). designation of officials who may (vii) Federal Insecticide, Fungicide, (21) Administer responsibilities and obligate money in the Hazardous and Rodenticide Act, as amended (7 functions assigned under the Defense Substances Superfund; U.S.C. 136 et seq.); and Production Act of 1950, as amended (50 (ix) Section 113(k) of the Act (42 (viii) Comprehensive Environmental U.S.C. App. 2061 et seq.), and title VI U.S.C. 9613(k)), with respect to Response, Compensation, and Liability of the Robert T. Stafford Disaster Relief establishing an administrative record Act of 1980, as amended by the and Emergency Assistance Act (42 upon which to base the selection of a Superfund Amendments and U.S.C. 5195 et seq.), relating to response action and identifying and Reauthorization Act of 1986 (42 U.S.C. agricultural lands and water. notifying potentially responsible parties; 9601 et seq.). (22) Administer the Abandoned Mine (x) Section 116(a) of the Act (42 (25) Administer the following Reclamation Program for Rural Lands U.S.C. 9616(a)), with respect to provisions of the Farm Security and and other responsibilities assigned preliminary assessment and site Rural Investment Act of 2002 with under the Surface Mining Control and inspection of facilities; respect to functions otherwise delegated Reclamation Act of 1977 (30 U.S.C. 1201 (xi) Section 117(a) and (c) of the Act to the Chief, Natural Resources et seq.), except for responsibilities (42 U.S.C. 9617(a) and (c)), with respect Conservation Service: assigned to the Forest Service. to public participation in the (i) The equitable relief provisions of (23) With respect to land and facilities preparation of any plan for remedial section 1613 (7 U.S.C. 7996); and under his or her authority, to exercise action and explanation of variances (ii) The tracking of benefits under the functions delegated to the Secretary from the final remedial action plan for section 1614 (7 U.S.C. 7997). by Executive Order 12580, 3 CFR, 1987 any remedial action or enforcement (26) Implement the information Comp., p. 193, under the following action, including any settlement or disclosure authorities of section provisions of the Comprehensive consent decree entered into; 1619(b)(3)(A) of the Food, Conservation, Environmental Response, (xii) Section 119 of the Act (42 U.S.C. and Energy Act of 2008 (7 U.S.C. Compensation, and Liability Act of 1980 9619), with respect to indemnifying 8791(b)(3)(A)). (‘‘the Act’’), as amended: response action contractors; (27) In coordination with the Director, (i) Sections 104(a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C. Office of Advocacy and Outreach, issue the Act (42 U.S.C. 9604(a), (b), and 9621), with respect to cleanup receipts under section 2501A(e) of the (c)(4)), with respect to removal and standards; and Food, Agriculture, Conservation, and remedial actions in the event of release (xiv) Section 122 of the Act (42 U.S.C. Trade Act of 1990 (7 U.S.C. 2279–1(e)). or threatened release of a hazardous 9622), with respect to settlement, but (28) Authorize employees of the substance, pollutant, or contaminant excluding section 122(b)(1) of the Act Natural Resources Conservation Service into the environment; (42 U.S.C. 9633(b)(1)), related to mixed to carry and use firearms for personal (ii) Sections 104(e)–(h) of the Act (42 funding agreements. protection while conducting field work U.S.C. 9604 (e)–(h)), with respect to (24) With respect to facilities and in remote locations in the performance information gathering and access activities under his or her authority, to of their official duties (7 U.S.C. 2274a). requests and orders; compliance with exercise the authority of the Secretary of (29) Conduct activities that assist the Federal health and safety standards and Agriculture pursuant to section 1–102 Director, Office of Environmental wage and labor standards applicable to related to compliance with applicable Markets, in developing guidelines covered work; and emergency pollution control standards and section regarding the development of procurement powers; 1–601 of Executive Order 12088, 3 CFR, environmental services markets. (iii) Section 104(i)(11) of the Act (42 1978 Comp., p. 243, to enter into an (30) Administer the Terminal Lakes U.S.C. 9604(i)(11)), with respect to the inter-agency agreement with the United assistance program authorized by reduction of exposure to significant risk States Environmental Protection section 2507 of the Farm Security and to human health; Agency, or an administrative consent Rural Investment Act of 2002 (16 U.S.C. (iv) Section 104(j) of the Act (42 order or a consent judgment in an 3839bb–6). U.S.C. 9604(j)), with respect to the appropriate United States District Court (b) Reservations. The following acquisition of real property and interests with an appropriate State, interstate, or authorities are reserved to the Under in real property required to conduct a local agency, containing a plan and Secretary for Farm Production and remedial action; schedule to achieve and maintain Conservation: (v) The first two sentences of section compliance with applicable pollution (1) Executing cooperative agreements 105(d) of the Act (42 U.S.C. 9605(d)), control standards established pursuant and memoranda of understanding for with respect to petitions for preliminary to the following: multi-agency cooperation with assessment of a release or threatened (i) Solid Waste Disposal Act, as conservation districts and other districts release; amended by the Resource Conservation organized for soil and water (vi) Section 105(f) of the Act (42 and Recovery Act, the Hazardous and conservation within States, territories, U.S.C. 9605(f)), with respect to Solid Waste Amendments, and the possessions, and American Indian consideration of the availability of Federal Facility Compliance Act (42 Nations. qualified minority firms in awarding U.S.C. 6901 et seq.); (2) Approving additions to authorized contracts, but excluding that portion of (ii) Federal Water Pollution Resource Conservation and section 105(f) of the Act pertaining to Prevention and Control Act, as amended Development Projects that designate the annual report to Congress; (33 U.S.C. 1251 et seq.); new project areas in which resource (vii) Section 109 of the Act (42 U.S.C. (iii) Safe Drinking Water Act, as conservation and development program 9609), with respect to the assessment of amended (42 U.S.C. 300f et seq.); assistance will be provided, and civil penalties for violations of section (iv) Clean Air Act, as amended (42 withdrawing authorization for 122 of the Act (42 U.S.C. 9622) and the U.S.C. 7401 et seq.); assistance, pursuant to 16 U.S.C. 590a-

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22188 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

f; 7 U.S.C. 1010–1011; 16 U.S.C. 3451– § 2.600 Deputy Under Secretary for Trade provisions concerning the end-use 3461. and Foreign Agricultural Affairs. certificate system authorized pursuant (3) Giving final approval to and Pursuant to § 2.26(a), subject to to section 321(f) of that Act (19 U.S.C. transmitting to the Congress watershed reservations in § 2.26(b), and subject to 3391(f)) delegated to the Administrator, work plans that require congressional policy guidance and direction by the Farm Service Agency), and other approval. Under Secretary, the following legislation affecting international delegation of authority is made to the agricultural trade including the § 2.44 [Amended] Deputy Under Secretary for Trade and programs designed to reduce foreign ■ 15. Amend § 2.44 in paragraph (a) Foreign Agricultural Affairs, if tariffs and other trade barriers. introductory text by removing the words appointed, to be exercised only during (3) Conduct studies of worldwide ‘‘Under Secretary for Farm and Foreign the absence or unavailability of the production, trade, marketing, prices, Agricultural Services’’ and adding in Under Secretary: Perform all the duties consumption, and other factors affecting their place the words ‘‘Under Secretary and exercise all the powers which are exports and imports of U.S. agricultural for Farm Production and Conservation’’. now or which may hereafter be commodities; obtain information on delegated to the Under Secretary for methods used by other countries to Subpart G—Delegations of Authority Trade and Foreign Agricultural Affairs: move farm commodities in world trade by the Assistant to the Secretary for Provided, that this authority shall be on a competitive basis for use in the Rural Development exercised by the respective Deputy development of programs of this Under Secretary in the order in which Department; provide information to ■ 16. The heading for subpart G is he or she has taken office as a Deputy domestic producers, the agricultural revised to read as set forth above. Under Secretary. trade, the public and other interests; and § 2.45 [Removed and Reserved] § 2.601 Administrator, Foreign Agricultural promote normal commercial markets abroad. This delegation excludes basic ■ 17. Remove and reserve § 2.45. Service. and long-range analyses of world ■ (a) Delegations. Pursuant to 18. Amend § 2.47 by adding paragraph conditions and developments affecting (a)(19) to read as follows: § 2.26(a)(1) and (3), subject to reservations in § 2.26(b), the following supply, demand, and trade in farm § 2.47 Administrator, Rural Utilities delegations of authority are made by the products and general economic analyses Service. Under Secretary for Trade and Foreign of the international financial and (a) * * * Agricultural Affairs to the monetary aspects of agricultural affairs (19) Administer the authority under Administrator, Foreign Agricultural as assigned to the Under Secretary for Sec. 746 of Division A of the Service: Research, Education, and Economics. Consolidated Appropriations Act, 2018 (1) Coordinate the carrying out by (4) Administer Departmental (Pub. L. 115–141), and any successor Department agencies of their functions programs concerned with development provisions in subsequent appropriations involving foreign agriculture policies of foreign markets for agricultural acts, to issue waivers to the U.S. iron and programs and their operations and products of the United States except and steel requirements for the activities in foreign areas. Act as liaison functions relating to export marketing construction, alteration, maintenance, or on these matters and functions relating operations under section 32, of the Act repair of a public water or wastewater to foreign agriculture between the of August 23, 1935, as amended (7 system. Department of Agriculture and the U.S.C. 612c), delegated to the Under Secretary for Marketing and Regulatory * * * * * Department of State, the United States Trade Representative, the Trade Policy Programs, and utilization research Subpart J—Delegations of Authority by Committee, the Agency for International delegated to the Under Secretary for the Under Secretary for Natural Development and other departments, Research, Education, and Economics. Resources and Environment agencies and committees of the U.S. (5) Exercise the Department’s Government, foreign governments, the functions with respect to the § 2.61 [Removed and Reserved] Organization for Economic Cooperation International Coffee Agreement or any ■ 19. Remove and reserve § 2.61. and Development, the European Union, such future agreement. the Food and Agriculture Organization (6) Administer functions of the Subpart N—Delegations of Authority of the United Nations, the International Department relating to import controls by the Under Secretary for Marketing Bank for Reconstruction and including, among others, functions and Regulatory Programs Development, the Inter–American under section 22 of the Agricultural Development Bank, the Organization of Adjustment Act of 1933, as amended (7 § 2.79 [Amended] American States, and other public and U.S.C. 624), the Harmonized Tariff ■ 20. Amend § 2.79 by removing and private United States and international Schedule of the United States (19 U.S.C. reserving paragraph (a)(8)(lxiv). organizations, and the contracting 1202), and section 204 of the ■ 21. Add Subpart U, consisting of parties to the World Trade Organization Agricultural Act of 1956, as amended (7 §§ 2.600 through 2.602, to read as (WTO). U.S.C. 1854) but not including those follows: (2) Conduct functions of the functions reserved to the Secretary Department relating to WTO, the Trade under § 2.16(b)(2) and those relating to Subpart U—Delegations of Authority Expansion Act of 1962 (19 U.S.C. 1801 section 8e of the Agricultural by the Under Secretary for Trade and et seq.), the Trade Act of 1974 (19 U.S.C. Adjustment Act of 1933, as amended (7 Foreign Agricultural Affairs 2101 et seq.), the Trade Agreements Act U.S.C. 608e–1), as assigned to the Under of 1979 (19 U.S.C. 2501 et seq.), the Secretary for Marketing and Regulatory Sec. Programs. 2.600 Deputy Under Secretary for Trade Omnibus Trade and Competition Act of and Foreign Agricultural Affairs. 1988 (19 U.S.C. 2901 et seq.), the (7) Conduct Department activities to 2.601 Administrator, Foreign Agricultural provisions of subtitle B of title III of the carry out the provisions of the Export Service. North American Free Trade Agreement Administration Act of 1979, as amended 2.602 Manager, U.S. Codex Office. Implementation Act (except the (50 U.S.C. Chapter 56).

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22189

(8) Exercise the Department’s Act of 1954, as amended (7 U.S.C. 1738 Information Act (7 U.S.C. 7461–7473); responsibilities in connection with et seq.). and, the Popcorn Promotion, Research, international negotiations of the Grains (21) [Reserved] and Consumer Information Act (7 U.S.C. Trade Convention and in the (22) Allocate the agricultural 7481–7491). This authority includes administration of such Convention. commodities acquired under price determining the programs and activities (9) Administer responsibilities and support programs that have been to be undertaken and assuring that they functions assigned under the Defense determined by the FSA Administrator to are coordinated with the overall Production Act of 1950, as amended (50 be available for export among the departmental programs to develop U.S.C. App. 2061 et seq.), and title VI various export programs. foreign markets for U.S. agricultural of the Robert T. Stafford Disaster Relief (23) Maintain a worldwide products. and Emergency Assistance Act (42 agricultural intelligence and reporting (25) Establish and administer U.S.C. 5195 et seq.), concerning foreign system, including provision for foreign regulations relating to foreign travel by agricultural intelligence and other agricultural representation abroad to employees of the Department. foreign agricultural matters. protect and promote U.S. agricultural Regulations will include, but not be (10) Conduct economic analyses interests and to acquire information on limited to, obtaining and controlling pertaining to the foreign sugar situation. demand, competition, marketing, and passports, obtaining visas, coordinating (11) Exercise the Department’s distribution of U.S. agricultural Department of State medical clearances functions with respect to the commodities abroad pursuant to title VI and imposing requirements for of the Agricultural Act of 1954, as International Sugar Agreement or any itineraries and contacting the Foreign amended (7 U.S.C. 1761–1768). such future agreements. Agricultural Affairs Officers upon (24) Plan and carry out programs and (12) Exercise the Department’s arrival in the Officers’ country(ies) of activities under the foreign market responsibility. responsibilities with respect to tariff- promotion authority of: The Wheat rate quotes for dairy products under (26) Administer the Foreign Service Research and Promotion Act (7 U.S.C. personnel system for the Department in chapter 4 of the Harmonized Tariff 1292 note); the Cotton Research and Schedule of the United States (19 U.S.C. accordance with 22 U.S.C. 3922, except Promotion Act (7 U.S.C. 2101–2118); the as otherwise delegated in § 2.80(a)(1), 1202). Potato Research and Promotion Act (7 (13) Serve as a focal point for but including authority to represent the U.S.C. 2611–2627); the Egg Research Department of Agriculture in all handling quality or weight discrepancy and Consumer Information Act of 1974 inquiries from foreign buyers of U.S. interagency consultations and (7 U.S.C. 2701–2718); the Beef Research negotiations with the other foreign agricultural commodities to insure that and Information Act, as amended (7 they are investigated and receive a affairs agencies with respect to joint U.S.C. 2901–2911); the Wheat and regulations and authority to approve timely response and that reports thereof Wheat Foods Research and Nutrition are made to appropriate parties and joint regulations issued by the Education Act (7 U.S.C. 3401–3417); the Department of State relating to the government officials in order that Floral Research and Consumer corrective action may be taken. administration of the Foreign Service. Information Act of 1981 (7 U.S.C. 4301– (27) Establish and maintain U.S. (14) Formulate policies and 4319); subtitle B of title I of the Dairy Agricultural Trade Offices to develop, administer programs and activities and Tobacco Adjustment Act of 1983 (7 maintain and expand international authorized by the Agricultural Trade U.S.C. 4501–4514); the Honey Research, markets for U.S. agricultural Act of 1978, as amended (7 U.S.C. 5601 Promotion, and Consumer Information commodities in accordance with title IV et seq.). Act of 1984, as amended (7 U.S.C. 4601– of Public Law No. 95–501 (7 U.S.C. (15) Formulate policies and 4613); the Pork Promotion, Research, 1765a–g). administer barter programs under which and Consumer Information Act of 1985 (28) Administer the programs under agricultural commodities are exported. (7 U.S.C. 4801–4819); the Watermelon section 416(b) of the Agricultural Act of (16) Perform functions of the Research and Promotion Act, as 1949, as amended (7 U.S.C. 1431(b)), Department in connection with the amended (7 U.S.C. 4901–4916); the relating to the foreign donation of CCC development and implementation of Pecan Promotion and Research Act of stocks of agricultural commodities, agreements to finance the sale and 1990 (7 U.S.C. 6001–6013); the except as otherwise delegated in exportation of agricultural commodities Mushroom Promotion, Research, and § 2.42(a)(43). on long-term credit or for foreign Consumer Information Act of 1990 (7 (29)–(30) [Reserved] currencies under the Food for Peace Act U.S.C. 6101–6112); the Lime Research, (31) Administer programs under the (7 U.S.C. 1691, 1701 et seq.). Promotion, and Consumer Information Food for Progress Act of 1985 (7 U.S.C. (17) Coordinate within the Act of 1990 (7 U.S.C. 6201–6212); the 1736o), except as otherwise delegated in Department activities arising under the Soybean Promotion, Research, and § 2.42(a)(43). Food for Peace Act (except as delegated Consumer Information Act of 1990 (7 (32) Serve as Department adviser on to the Under Secretary for Research, U.S.C. 6301–6311); the Fluid Milk policies, organizational arrangements, Education, and Economics in Promotion Act of 1990 (7 U.S.C. 6401– budgets, and actions to accomplish § 2.21(a)(8)), and represent the 6417); the Fresh Cut Flowers and Fresh international scientific and technical Department in its relationships in such Cut Greens Promotion and Consumer cooperation in food and agriculture. matters with the Department of State, Information Act (7 U.S.C. 6801–6814); (33) Administer and direct the any interagency committee on the Food the Sheep Promotion, Research, and Department’s programs in international for Peace Act, and other departments, Information Act of 1994 (7 U.S.C. 7101– development, technical assistance, and agencies, and committees of the 7111); the Commodity Promotion, training carried out under the Foreign Government. Research, and Information Act of 1996 Assistance Act, as amended, as (18)–(19) [Reserved] (7 U.S.C. 7411–7425); the Canola and requested under such act (22 U.S.C. (20) Carry out activities relating to the Rapeseed Research, Promotion, and 2151 et seq.). sale, reduction, or cancellation of debt, Consumer Information Act (7 U.S.C. (34) Administer and coordinate as authorized by title VI of the 7441–7452); the National Kiwifruit assigned Departmental programs in Agricultural Trade and Development Research, Promotion, and Consumer international research and scientific and

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22190 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

technical cooperation with other (iii) Coordinating all agency satellite address problems of significance to food governmental agencies, land grant imagery data needs; and and agriculture in the United States (7 universities, international organizations, (iv) Arranging for acquisition, and U.S.C. 3291). international agricultural research preparation of imagery for use to the (iv) Work with transitional and more centers, and other organizations, extent of existing capabilities. advanced countries in food, agricultural, institutions, or individuals (7 U.S.C. (46) [Reserved] and related research, development, 1624, 3291). (47) Implement section 3206 of the teaching, and extension activities (35) Direct and coordinate the Food, Conservation, and Energy Act of related to the sanitary and phytosanitary Department’s participation in scientific 2008 (7 U.S.C. 1726c) regarding local standard-setting activities of the Codex and technical matters and exchange and regional food aid procurement Alimentarius Commission (7 U.S.C. agreements between the United States projects. 3291). and other countries. (48) Administer the Borlaug (v) Enter into contracts, grants, (36) Direct and coordinate the International Agricultural Science and cooperative agreements, and cost Department’s work with international Technology Fellowship Program (7 reimbursable agreements to carry out organizations and interagency U.S.C. 3319j). the Department’s agricultural research, committees concerned with food and (49) [Reserved] extension, or teaching activities related agricultural development programs (7 (50) Administer the following to the sanitary and phytosanitary U.S.C. 2201 and 2202). provisions of the Agricultural Act of standard-setting activities of the Codex (37) Coordinate policy formulation for 2014, Public Law 113–79: Alimentarius Commission (7 U.S.C. USDA international science and (i) Section 12314 relating to the Pima 3318, 3319a). technology programs concerning Agriculture Cotton Trust Fund (7 U.S.C. (vi) Determine amounts reimbursable international agricultural research 2101 note), in coordination with the for indirect costs under international centers, international organizations, and Administrator, Farm Service Agency. agricultural programs and agreements (7 international agricultural research and (ii) Section 12315 relating to the U.S.C. 3319). extension activities (7 U.S.C. 3291). Agriculture Wool Apparel (vii) Coordinate policy formulation for (38) Disseminate, upon request, Manufacturers Trust Fund (7 U.S.C. USDA international science and information on subjects connected with 7101 note), in coordination with the technology programs concerning the agriculture which has been acquired by Administrator, Farm Service Agency. sanitary and phytosanitary standard- USDA agencies that may be useful to the (b) [Reserved] setting activities of the Codex U.S. private sector in expanding foreign § 2.602 Manager, U.S. Codex Office. Alimentarius Commission (7 U.S.C. markets and investment opportunities (a) Delegations. Pursuant to 3291). through the operation of a Department (b) [Reserved] information center, pursuant to 7 U.S.C. § 2.26(a)(5), subject to reservations in 2201. § 2.26(b), the following delegations of PART 1409—[REMOVED AND (39) Enter into contracts, grants, authority are made by the Under RESERVED] cooperative agreements, and cost Secretary for Trade and Foreign reimbursable agreements relating to Agricultural Affairs. ■ 22. Remove and reserve part 1409. (i) Inform the public of the sanitary agricultural research, extension, or Dated: May 7, 2018. teaching activities (7 U.S.C. 3318, and phytosanitary standard-setting activities of the Codex Alimentarius Sonny Perdue, 3319a). Secretary of Agriculture. (40) Determine amounts reimbursable Commission (19 U.S.C. 2578; Pres. Proc. for indirect costs under international 6780). [FR Doc. 2018–10133 Filed 5–11–18; 8:45 am] agricultural programs and agreements (7 (ii) Enter into agreements with BILLING CODE 3410–90–P U.S.C. 3319). organizations, institutions or (41) Administer the Cochran individuals throughout the world to Fellowship Program (7 U.S.C. 3293). conduct activities related to the sanitary SECURITIES AND EXCHANGE (42) Determine quantity trigger levels and phytosanitary standard-setting COMMISSION and impose additional duties under the activities of the Codex Alimentarius special safeguard measures in Commission, including international 17 CFR Parts 232 and 249 accordance with U.S. note 2 to outreach and education, in order to [Release Nos. 33–10486; 34–83097; IC– subchapter IV of chapter 99 of the promote and support the development 33077] of a viable and sustainable global Harmonized Tariff Schedule of the RIN 3235–AM37 United States (19 U.S.C. 1202). agricultural system; antihunger and (43) Implement provisions of the improved international nutrition efforts; Amendments to Forms and Schedules Trade Act of 1974 regarding adjustment and increased quantity, quality, and To Remove Provision of Certain assistance for farmers. (19 U.S.C. 2401– availability of food (7 U.S.C. 3291). Personally Identifiable Information 2401g). (iii) Coordinate with institutions and (44) Implement section 3107 of the other persons throughout the world AGENCY: Securities and Exchange Farm Security and Rural Investment Act performing agricultural and related Commission. of 2002 (7 U.S.C. 1736o–1). research, extension, and teaching ACTION: Final rule. (45) Support remote sensing activities activities by exchanging research of the Department and research with materials and results with such SUMMARY: We are adopting revisions to satellite imagery including: institutions or persons or by conducting forms filed under the Securities (i) Providing liaison with U.S. space with such institutions or persons joint Exchange Act of 1934 (‘‘Exchange Act’’) programs; or coordinated research, extension, or to eliminate the portion of those forms (ii) Providing administrative teaching activities that are related to the that requests filers to furnish certain management of the USDA Remote sanitary and phytosanitary standard- personally identifiable information Sensing Archive and the transfer of setting activities of the Codex (‘‘PII’’) of natural persons, including satellite imagery to all USDA agencies; Alimentarius Commission and that Social Security numbers.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22191

DATES: Effective May 14, 2018. The longer include any reference to such PII provide information in lieu of providing incorporation by reference of the and will no longer request such PII. We a Social Security number, foreign EDGAR Filer Manual is approved by the have determined that the Commission identity number, or date or place of Director of the Federal Register as of can achieve its regulatory objectives birth. May 14, 2018. without the sensitive PII that will no We are mindful of the costs and FOR FURTHER INFORMATION CONTACT: longer be requested on these forms. benefits of the final amendments. With regard to the amendments to Form Specifically, the amendments being Currently, filers may provide certain Funding Portal and Schedule A to Form adopted today would make the sensitive PII, such as Social Security MSD, Timothy White, Senior Special following changes to Commission forms: • numbers and dates of birth, in Forms Counsel, and Brice Prince, Special Form Funding Portal: Remove Funding Portal, MA, MA–I, and MSD Counsel, at (202) 551–5550, Division of references to Social Security number submitted to the Commission. Based on Trading and Markets, and with regard to and date of birth from Schedule A, staff analysis of EDGAR filings made Schedule B and General Instruction 1. the amendments to Form MA and Form • during the 2017 calendar year, we MA–I and Instructions for the Form MA Form MA: Remove references to estimate that, in total, there were Series, Rebecca J. Olsen, Acting Social Security number from Item approximately 634 filings by 391 filers Director, or Ahmed A. Abonamah, 1.C.(2), Item 7.(b) of Schedule A and the of Form MA and amendments to it; Senior Counsel to the Director, at (202) chart in Schedule A–2, Item 8.(b) of 2,695 filings by 435 filers of Form MA– 551–5680, Office of Municipal Schedule B and the chart in Schedule I and amendments to it; 20 filings by 9 Securities, U.S. Securities and Exchange B–2, the chart in Schedule A–2 in Item filers of Form MSD; and 52 filings by 29 Commission, 100 F Street NE, 4 of Schedule C, and the chart in filers of Form Funding Portal and Washington, DC 20549. Schedule B–2 of Item 5 of Schedule C; amendments to it (including filings that remove references to date of birth from SUPPLEMENTARY INFORMATION: We are were filed but not publicly Item 7.(b) of Schedule A and the chart adopting amendments to Form Funding disseminated, there were approximately in Schedule A–2, Item 8.(b) and the Portal,1 Form MSD,2 Form MA,3 Form 106 filings by 71 filers of Form Funding chart in Schedule B–2, the chart in MA–I,4 and Instructions for the Form Portal and amendments to it).10 Schedule A–2 in Item 4 of Schedule C, MA Series 5 under the Exchange Act.6 and the chart in Schedule B–2 of Item The collection of sensitive PII, such as We are also adopting an updated 5 of Schedule C; and remove references Social Security numbers, can result in EDGAR Filer Manual Volume II to foreign identity number from Item costs to filers. For example, in the event (Version 46) (‘‘EDGAR Filer Manual’’) to 7.(b) of Schedule A and the chart in of unauthorized access or release of make conforming technical changes Schedule A–2, Item 8.(b) of Schedule B certain sensitive PII, filers may face with regard to the instructions to filing and the chart in Schedule B–2, the chart costs related to ongoing identity Form Funding Portal, Form MA and in Schedule A–2 in Item 4 of Schedule protection and monitoring, as well as Form MA–I on EDGAR.7 C, and the chart in Schedule B–2 of Item reputational costs, operational costs, I. Discussion 5 of Schedule C. and losses from theft in the event • Form MA–I: Remove references to misappropriated PII is used by bad Commission rules and regulations Social Security number from Item 1.A. actors. require the filing of information by • Instructions for the Form MA At the same time, the collection and natural persons, as well as by corporate Series: Remove references to Social storage of PII may facilitate regulatory and other entities. We are amending Security number from Section 1 of the oversight of filers, including certain certain forms that request filers to Specific Instructions for Certain Items in Commission enforcement and provide certain sensitive PII of natural Form MA–I. examination functions, as well as the persons, including Social Security • Form MSD: Remove references to 8 unique identification of natural person numbers. The amended forms will no date of birth and place of birth from filers and their associated persons.11

1 Item III of Schedule A. The Commission is cognizant of both 17 CFR 249.2000. We are also revising the EDGAR Filer 2 17 CFR 249.1100. the risks and benefits of collecting 3 17 CFR 249.1300. Manual to provide instructions to filers sensitive PII in the forms being 4 17 CFR 249.1310. for submitting Form Funding Portal, amended, and it has determined that 5 78 FR 67476. Form MA and Form MA–I without the other information in these forms is 6 15 U.S.C. 78a et seq. information that we are removing from sufficient to achieve its regulatory 7 The EDGAR Filer Manual contains all the the forms in a manner that will permit objectives, including its enforcement technical specifications for filers to submit filings the EDGAR system to accept the and examination functions, without the using the EDGAR system. We originally adopted the 9 EDGAR Filer Manual on April 1, 1993, with an submission. effective date of April 26, 1993. Release No. 33– II. Economic Analysis 10 These estimates exclude filings of registration 6986 (April 1, 1993) [58 FR 18638]. Filers must withdrawal forms. comply with the applicable provisions of the Under the final amendments, the 11 We note that Form MSD is also filed with EDGAR Filer Manual in order to assure the timely Commission will no longer request or certain federal bank regulatory agencies, which also acceptance and processing of filings made in reference certain sensitive PII in Forms receive Form MSD–4 filings containing information electronic format. See Rule 301 of Regulation S–T about natural persons who are, or who seek to be, (17 CFR 232.301). Filers may consult the EDGAR Funding Portal, MA, MA–I, MSD, and associated with a bank municipal securities dealer Filer Manual in conjunction with our rules Instructions for the Form MA Series. as a municipal securities principal or municipal governing mandated electronic filing when Under the amendments being adopted, securities representative. The federal bank preparing documents for electronic submission. We filers will not be required to obtain or regulatory agencies jointly adopted Form MSD–4 adopted the most recent update to the EDGAR Filer (Uniform Application for Municipal Securities Manual on March 8, 2018. See Release No. 33– Principal or Municipal Securities Representative 10467 (March 8, 2018) [84 FR 11637]. For disseminated to the public only after such PII is Associated with a Bank Municipal Securities additional history of EDGAR Filer Manual redacted. Dealer) to collect information on natural persons revisions, please see the citations therein. The 9 As EDGAR programming is changed in associated with bank municipal securities dealers updated manual will be incorporated by reference subsequent EDGAR Releases to reflect the removal as required by Rule G–7 (Information Concerning into the Code of Federal Regulations. of this information from the forms, we will make Associated Persons) of the Municipal Securities 8 The forms the Commission is amending today additional conforming changes to the EDGAR Filer Rulemaking Board (‘‘MSRB’’) in 1977. See 42 FR are either not disseminated to the public or are Manual. 45289 (Sept. 9, 1977).

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22192 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

sensitive PII that filers may provide on If any of the provisions of these requirements for becoming an EDGAR these forms. amendments, or the application thereof Filer and updating company data are set We do not believe that the final to any person or circumstance, is held forth in the updated EDGAR Filer amendments will substantially impact to be invalid, such invalidity shall not Manual, Volume I: ‘‘General efficiency, competition, or capital affect other provisions or application of Information,’’ Version 30 (March 2018). formation. Since the forms being such provisions to other persons or The requirements for filing on EDGAR amended are either not publicly circumstances that can be given effect are set forth in the updated EDGAR Filer disseminated, or are disseminated to the without the invalid provision or Manual, Volume II: ‘‘EDGAR Filing,’’ public in redacted form, the application. Version 46 (April 2018). Additional amendments do not affect the provisions applicable to Form N–SAR IV. Paperwork Reduction Act information made available to the filers are set forth in the EDGAR Filer public. As such, we do not expect the We do not believe the amendments Manual, Volume III: ‘‘N–SAR final amendments to impact appreciably alter any existing collection Supplement,’’ Version 6 (January 2017). informational efficiency. To the extent of information requirements or impose All of these provisions have been that potential registrants may be any new substantive recordkeeping or incorporated by reference into the Code concerned about the risks of information collection requirements of Federal Regulations, which action unauthorized access to the PII that is the within the meaning of the Paperwork was approved by the Director of the subject of the amendments, the Reduction Act of 1995 (‘‘PRA’’).15 Federal Register in accordance with 5 amendments eliminate such risks and Accordingly, we are not revising any U.S.C. 552(a) and 1 CFR part 51. You may reduce the anticipated cost of burden and cost estimates in connection must comply with these requirements in Commission filing requirements. To the with these amendments. order for documents to be timely extent these changes could incentivize V. Statutory Authority received and accepted. The EDGAR additional participants to register as Filer Manual is available for website crowdfunding portals, municipal The amendments contained in this viewing and printing; the address for advisors, and municipal securities release are being adopted under the the Filer Manual is https://www.sec.gov/ dealers, we believe the likely effects on authority set forth in Sections 15, info/edgar/edmanuals.htm. You can competition, allocative efficiency, and 15B(a), 17(a), and 23(a) of the Exchange obtain paper copies of the EDGAR Filer capital formation to be marginal. Act. Manual from the following address: Public Reference Room, U.S. Securities III. Procedural and Other Matters List of Subjects and Exchange Commission, 100 F Street The Administrative Procedure Act 17 CFR Part 232 NE, Washington, DC 20549, on official (‘‘APA’’) generally requires an agency to Incorporation by reference, Reporting business days between the hours of 10 publish notice of a rulemaking in the and recordkeeping requirements, a.m. and 3 p.m. You can also inspect the Federal Register and provide an Securities. document at the National Archives and opportunity for public comment. This Records Administration (NARA). For 17 CFR Part 249 requirement does not apply, however, if information on the availability of this the agency ‘‘for good cause finds . . . Reporting and recordkeeping material at NARA, call 202–741–6030, that notice and public procedure are requirements, Securities. or go to: https://www.archives.gov/ impracticable, unnecessary, or contrary Text of the Final Amendments federal-register/cfr/ibr-locations.html. to the public interest.’’ 12 Since the amendments to the forms to delete the For the reasons set out in the PART 249—FORMS, SECURITIES provision of certain PII do not impact preamble, the Commission is amending EXCHANGE ACT OF 1934 the information available to the public Title 17, Chapter II of the Code of or otherwise meaningfully impact the Federal Regulations as follows: ■ 3. The authority citation for part 249 Commission’s regulatory functions, we PART 232—REGULATION S–T— continues to read as follows: find that it is unnecessary to publish GENERAL RULES AND REGULATIONS Authority: 15 U.S.C. 78a et seq. and 7201 notice of the amendments in the Federal FOR ELECTRONIC FILINGS et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350; Register and solicit public comment Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904; 13 thereon. ■ 1. The authority citation for part 232 Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309 For similar reasons, although the APA continues to read in part as follows: (2012); Sec. 107, Pub. L. 112–106, 126 Stat. generally requires publication of a rule 313 (2012), and Sec. 72001, Pub. L. 114–94, Authority: 15 U.S.C. 77c, 77f, 77g, 77h, at least 30 days before its effective date, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 129 Stat. 1312 (2015), unless otherwise we find there is good cause for the 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, noted. amendments to take effect on May 14, 80a–29, 80a–30, 80a–37, and 7201 et seq.; ■ 4. Amend Form Funding Portal 2018.14 and 18 U.S.C. 1350, unless otherwise noted. (referenced in Section 249.2000) by: * * * * * 12 5 U.S.C. 553(b)(3)(B). ■ a. Removing from Schedule A and ■ 13 This finding also satisfies the requirements of 2. Section 232.301 is revised to read Schedule B ‘‘(If None: S.S. No. and Date 5 U.S.C. 808(2), allowing the amendments to as follows: of Birth, IRS Tax No., or IRS Employer become effective notwithstanding the requirement of 5 U.S.C. 801 (if a federal agency finds that notice § 232.301 EDGAR Filer Manual. ID No.)’’ and replacing it with ‘‘(If None: and public comment are impractical, unnecessary Filers must prepare electronic filings IRS Tax No. or IRS Employer ID No., if or contrary to the public interest, a rule shall take in the manner prescribed by the EDGAR applicable, or if none, enter 0000000)’’; effect at such time as the federal agency and promulgating the rule determines). The Filer Manual, promulgated by the amendments also do not require analysis under the Commission, which sets forth the ■ b. Removing references to ‘‘social Regulatory Flexibility Act. See 5 U.S.C. 604(a) technical formatting requirements for security number’’ and ‘‘date of birth’’ (requiring a final regulatory flexibility analysis only for rules required by the APA or other law to electronic submissions. The from the first sentence of Form Funding undergo notice and comment). Portal Instructions, General Instructions 14 See 5 U.S.C. 553(d)(3). 15 44 U.S.C. 3501 et seq. 1.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22193

Note: The text of Form Funding Portal does number.’’ from Section 1 of the Specific Agency guidances at any time as not, and the amendments will not, appear in Instructions for Certain Items in Form follows: the Code of Federal Regulations. MA–I and replacing with ‘‘Until EDGAR Electronic Submissions ■ 5. Amend Form MSD (referenced in has been updated to remove the field, Submit electronic comments in the § 249.1100) by deleting the text, ‘‘(b) enter 000–00–0000 in the in the Social following way: Date of Birth (c) City of Birth: (d) State Security Number Field when preparing • Federal eRulemaking Portal: or Province: (e) Country:’’ and the for MA–I for transmission to EDGAR.’’ https://www.regulations.gov. Follow the surrounding text boxes from Item III of ■ d. Note: The text of Form MA Series instructions for submitting comments. Schedule A of Form MSD. does not, and the amendments will not, appear in the Code of Federal Comments submitted electronically, Note: The text of Form MSD does not, and Regulations. including attachments, to https:// the amendments will not, appear in the Code www.regulations.gov will be posted to * * * * * of Federal Regulations. the docket unchanged. Because your ■ 6. Amend Form MA (referenced in By the Commission. comment will be made public, you are Section 249.1300) Dated: April 24, 2018. solely responsible for ensuring that your by: Brent J. Fields, comment does not include any ■ a. Removing Item 1.(c)(2); Secretary. confidential information that you or a ■ b. Revising the second sentence in [FR Doc. 2018–10227 Filed 5–11–18; 8:45 am] third party may not wish to be posted, Item 7.(b) of Schedule A and Item8.(b) BILLING CODE 8011–01–P such as medical information, your or of Schedule B, ‘‘If not registered with anyone else’s Social Security number, or the CRD, then enter the Social Security confidential business information, such Number (‘‘SSN’’) or Foreign Identity DEPARTMENT OF HEALTH AND as a manufacturing process. Please note Number; and enter the Date of Birth HUMAN SERVICES that if you include your name, contact (‘‘DOB’’). Social security numbers, information, or other information that foreign identity numbers, and dates of Food and Drug Administration identifies you in the body of your birth will not be publicly comments, that information will be disseminated.’’ to read, ‘‘If not 21 CFR Parts 1, 11, 16, 106, 110, 111, posted on https://www.regulations.gov. • registered with the CRD, enter 112, 114, 117, 120, 123, 129, 179, 211, If you want to submit a comment 0000000.’’; and 507 with confidential information that you ■ c. Revising ‘‘(If None: SSN and DOB, do not wish to be made available to the or Foreign ID No. and DOB)’’ in the [Docket No. FDA–2018–D–1378] public, submit the comment as a written/paper submission and in the ‘‘Individual CRD No.’’ column in The Food and Drug Administration Schedule A–2, Schedule B–2, Schedule manner detailed (see ‘‘Written/Paper Food Safety Modernization Act; Submissions’’ and ‘‘Instructions’’). A–2 of Item 4 in Schedule C, and Extension and Clarification of Schedule B–2 in Item 5 of Schedule C Compliance Dates for Certain Written/Paper Submissions to read, ‘‘(If none: enter 0000000)’’; and Provisions of Four Implementing ■ Submit written/paper submissions as d. Removing the second, third, and Rules: What You Need To Know About fourth sub-columns entitled ‘‘SSN,’’ follows: the Food and Drug Administration • Mail/Hand delivery/Courier (for ‘‘DOB,’’ and ‘‘Foreign ID No.,’’ Regulation; Small Entity Compliance written/paper submissions): Dockets respectively, under the ‘‘Individual CRD Guide; Availability Management Staff (HFA–305), Food and No.’’ column in Schedule A–2, Drug Administration, 5630 Fishers Schedule B–2, Schedule A–2 in Item 4 AGENCY: Food and Drug Administration, Lane, Rm. 1061, Rockville, MD 20852. of Schedule C, and Schedule B–2 in HHS. • For written/paper comments Item 5 of Schedule C. ACTION: Notification of availability. submitted to the Dockets Management ■ e. Note: The text of Form MA does Staff, FDA will post your comment, as not, and the amendments will not, SUMMARY: The Food and Drug well as any attachments, except for appear in the Code of Federal Administration (FDA, the Agency, or information submitted, marked and Regulations. we) is announcing the availability of a identified, as confidential, if submitted guidance for industry entitled ‘‘The ■ 7. Amend Form MA–I (referenced in as detailed in ‘‘Instructions.’’ FDA Food Safety Modernization Act; Section 249.1310) Instructions: All submissions received Extension and Clarification of by: must include the Docket No. FDA– Compliance Dates for Certain Provisions ■ a. Removing ‘‘Social Security No.: 2018–D–1378 for ‘‘The FDA Food Safety of Four Implementing Rules: What You lllll The Social Security Number Modernization Act; Extension and Need to Know About the Food and Drug will not be included in publicly Clarification of Compliance Dates for Administration Regulation—Small available versions of this form.’’ from Certain Provisions of Four Entity Compliance Guide.’’ The small Item 1.A . Implementing Rules: What You Need to ■ entity compliance guide (SECG) is b. Note: The text of Form MA–I does Know About the Food and Drug intended to help small entities comply not, and the amendments will not, Administration Regulation—Small with the final rule entitled ‘‘The Food appear in the Code of Federal Entity Compliance Guide.’’ Received and Drug Administration Food Safety Regulations. comments will be placed in the docket Modernization Act; Extension and ■ 8. Amend the Instructions for the and, except for those submitted as Clarification for Certain Provisions of Form MA Series by: ‘‘Confidential Submissions,’’ publicly Four Implementing Rules.’’ ■ c. Removing ‘‘Social Security Number. viewable at https://www.regulations.gov A social security number is needed for DATES: The announcement of the or at the Dockets Management Staff regulatory purposes. However, the guidance is published in the Federal between 9 a.m. and 4 p.m., Monday version of completed Form MA–I that Register on May 14, 2018. through Friday. will be available for viewing by the ADDRESSES: You may submit either • Confidential Submissions—To public will not show a social security electronic or written comments on submit a comment with confidential

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22194 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

information that you do not wish to be Analysis, and Risk-Based Preventive II. Paperwork Reduction Act of 1995 made publicly available, submit your Controls for Food for Animals: Jeanette This guidance refers to previously comments only as a written/paper Murphy, Center for Veterinary Medicine approved collections of information submission. You should submit two (HFV–200), Food and Drug found in FDA regulations. These copies total. One copy will include the Administration, 7519 Standish Pl., collections of information are subject to information you claim to be confidential Rockville, MD 20855, 240–402–6246. review by the Office of Management and with a heading or cover note that states For questions relating to Foreign Budget (OMB) under the Paperwork ‘‘THIS DOCUMENT CONTAINS Supplier Verification Programs for Reduction Act of 1995 (44 U.S.C. 3501– CONFIDENTIAL INFORMATION.’’ The Importers of Food for Humans and 3520). The collections of information in Agency will review this copy, including Animals: Rebecca Buckner, Office of 21 CFR part 117 have been approved the claimed confidential information, in Foods and Veterinary Medicine, Food under OMB control number 0910–0751. its consideration of comments. The and Drug Administration, 10903 New The collections of information in 21 second copy, which will have the Hampshire Ave., Silver Spring, MD CFR part 507 have been approved under claimed confidential information OMB control number 0910–0789. The redacted/blacked out, will be available 20993–0002, 301–796–4576. collections of information in 21 CFR for public viewing and posted on For questions relating to Standards https://www.regulations.gov. Submit for the Growing, Harvesting, Packing, part 1, subpart L have been approved both copies to the Dockets Management and Holding of Produce for Human under OMB control number 0910–0752. Staff. If you do not wish your name and Consumption: Samir Assar, Center for The collections of information in 21 contact information to be made publicly Food Safety and Applied Nutrition CFR part 112 have been approved under available, you can provide this (HFS–317), Food and Drug OMB control number 0910–0816. information on the cover sheet and not Administration, 5001 Campus Dr., III. Electronic Access in the body of your comments and you College Park, MD 20740, 240–402–1636. Persons with access to the internet must identify this information as SUPPLEMENTARY INFORMATION: may obtain the SECG at either https:// ‘‘confidential.’’ Any information marked www.fda.gov/FoodGuidances or https:// as ‘‘confidential’’ will not be disclosed I. Background except in accordance with 21 CFR 10.20 www.regulations.gov. Use the FDA and other applicable disclosure law. For In the Federal Register of August 24, website listed in the previous sentence more information about FDA’s posting 2016 (81 FR 57784), we issued a final to find the most current version of the of comments to public dockets, see 80 rule entitled ‘‘The Food and Drug guidance. FR 56469, September 18, 2015, or access Administration Food Safety Dated: May 8, 2018. the information at: https://www.gpo.gov/ Modernization Act; Extension and Leslie Kux, fdsys/pkg/FR-2015-09-18/pdf/2015- Clarification for Certain Provisions of Associate Commissioner for Policy. 23389.pdf. Four Implementing Rules’’ (the final [FR Doc. 2018–10148 Filed 5–11–18; 8:45 am] Docket: For access to the docket to rule) that extended compliance dates to BILLING CODE 4164–01–P read background documents or the address concerns about the practicality electronic and written/paper comments of compliance with certain provisions, received, go to https:// consider changes to the regulatory text, DEPARTMENT OF HOMELAND www.regulations.gov and insert the and better align compliance dates across SECURITY docket number, found in brackets in the the rules. The final rule became heading of this document, into the effective August 24, 2016. Coast Guard ‘‘Search’’ box and follow the prompts We examined the economic and/or go to the Dockets Management implications of the final rule as required 33 CFR Part 100 Staff, 5630 Fishers Lane, Rm. 1061, by the Regulatory Flexibility Act (5 [Docket Number USCG–2018–0064] Rockville, MD 20852. U.S.C. 601–612) and determined that You may submit comments on any the final rule will not have a significant RIN 1625–AA08 guidance at any time (see 21 CFR economic impact on a substantial 10.115(g)(5)). Special Local Regulations; Sector Ohio Submit written requests for single number of small entities. In compliance with section 212 of the Small Business Valley Annual and Recurring Special copies of the guidance to Office of Food Local Regulations Update Safety, Center for Food Safety and Regulatory Enforcement Fairness Act Applied Nutrition (HFS–300), Food and (Pub. L. 104–121, as amended by Pub. AGENCY: Coast Guard, DHS. L. 110–28), we are making available the Drug Administration, 5001 Campus Dr., ACTION: Final rule. College Park, MD 20740. Send two self- SECG to reduce the burden of addressed adhesive labels to assist that determining how to comply by further SUMMARY: The Coast Guard amends its office in processing your request. See explaining and clarifying the actions special local regulations for recurring the SUPPLEMENTARY INFORMATION section that a small entity must take to comply marine parades, regattas, and other for electronic access to the guidance. with the rule. events in the Coast Guard Sector Ohio FOR FURTHER INFORMATION CONTACT: We are issuing this SECG consistent Valley area of responsibility. This rule For questions relating to Current Good with our good guidance practices adds 17 new recurring special local Manufacturing Practice, Hazard regulation (21 CFR 10.115(c)(2)). This regulations, removes 9 special local Analysis, and Risk-Based Preventive SECG represents the current thinking of regulations, and amends the name of an Controls for Human Food: Jenny Scott, FDA on this topic. It does not establish events/sponsors, dates, and/or locations Center for Food Safety and Applied any rights for any person and is not of regulated areas for 48 recurring Nutrition (HFS–300), Food and Drug binding on FDA or the public. You can special local regulations already listed Administration, 5001 Campus Dr., use an alternative approach if it satisfies in the current table. This action in College Park, MD 20740, 240–402–2166. the requirements of the applicable necessary to protect spectators, For questions relating to Current Good statutes and regulations. This guidance participants, and vessels from the Manufacturing Practice, Hazard is not subject to Executive Order 12866. hazards associated with annual marine

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22195

events. This regulation restricts vessel COTP has determined that the potential regulatory action,’’ under Executive traffic from the designated areas during hazards associated with the events Order 12866. Accordingly, it has not the events unless authorized by the listed in this rule could pose a risk to been reviewed by the Office of Captain of the Port Sector Ohio Valley participants or waterways users if the Management and Budget, and pursuant or a designated representative. normal vessel traffic were to interfere to OMB guidance it is exempt from the DATES: This rule is effective May 14, with the events. Possible hazards requirements of Executive Order 13771. 2018. include risks of injury or death from This regulatory action determination near or actual contact among participant is based on the size, location, and ADDRESSES: To view documents vessels and spectators or mariners duration of the special local regulations. mentioned in this preamble as being traversing through the regulated area. These areas are limited in size and available in the docket, go to http:// This purpose of this rule is to ensure the duration, and usually do not affect high www.regulations.gov, type USCG–2018– safety of all waterway users, including vessel traffic areas. Moreover, the Coast 0064 in the ‘‘SEARCH’’ box and click event participants, spectators, and Guard will issue a Broadcast Notice to ‘‘SEARCH.’’ Click on Open Docket vessels during these scheduled events. Mariners via VHF–FM marine channel Folder on the line associated with this 16 about the regulated areas, and the rule. IV. Discussion of Comments, Changes, rule allows vessels to seek permission to FOR FURTHER INFORMATION CONTACT: If and the Rule enter the areas. you have questions on this rule, call or As noted above, we received two email Petty Officer Joshua Herriott, comments on our NPRM published B. Impact on Small Entities Sector Ohio Valley, U.S. Coast Guard; April 3, 2018. Both comments were The Regulatory Flexibility Act of telephone (502) 779–5343, email unrelated to the subject matter of this 1980, 5 U.S.C. 601–612, as amended, [email protected]. rulemaking. There is one technical requires Federal agencies to consider SUPPLEMENTARY INFORMATION: amendment that changes the table the potential impact of regulations on heading in regulatory text of this rule small entities during rulemaking. The I. Table of Abbreviations from the proposed rule on the NPRM. term ‘‘small entities’’ comprises small CFR Code of Federal Regulations This rule amends the special local businesses, not-for-profit organizations COTP Captain of the Port Sector Ohio regulations for annual events in Coast that are independently owned and Valley Guard Sector Ohio Valley area of operated and are not dominant in their DHS Department of Homeland Security responsibility as listed in Table 1 of 33 fields, and governmental jurisdictions FR Federal Register with populations of less than 50,000. NPRM Notice of proposed rulemaking CFR 165.801 by adding 17 new § Section recurring special local regulations, The Coast Guard received no comments U.S.C. United States Code removing 9 special local regulations no from the Small Business Administration longer recurring, and amending t names on this rulemaking. The Coast Guard II. Background Information and of events/sponsors, dates, and/or the certifies under 5 U.S.C. 605(b) that this Regulatory History locations of regulated areas for 48 rule will not have a significant The Captain of the Port Sector Ohio recurring special local regulations economic impact on a substantial Valley (COTP) amends 33 CFR 100.801 already listed in the current table. number of small entities. to update the table of annual recurring Although this regulation would be in While some owners or operators of special local regulations in Coast Guard effect year-round, the specific special vessels intending to transit the safety Sector Ohio Valley. These events local regulations listed in Table 1 of 33 zone may be small entities, for the include air shows, regattas, and other CFR 100.801 would only be enforced reasons stated in section V.A above, this marine related events requiring a during the specified period of time of rule will not have a significant limited access area restricting vessel annual events listed. In accordance with economic impact on any vessel owner traffic for safety purposes. the regulations listed in 33 CFR or operator. Under section 213(a) of the On April 3, 2018, the Coast Guard 100.801(a)–(j), entry into these regulated Small Business Regulatory Enforcement published a notice of proposed areas is prohibited unless authorized by Fairness Act of 1996 (Pub. L. 104–121), rulemaking (NPRM) titled Special Local the COTP or a designated we want to assist small entities in Regulations; Sector Ohio Valley Annual representative. understanding this rule. If the rule and Recurring Special Local Regulations would affect your small business, Update (83 FR 14219). During the V. Regulatory Analyses organization, or governmental comment period that ended on April 18, We developed this rule after jurisdiction and you have questions 2018, we received two comments. considering numerous statutes and concerning its provisions or options for Under 5 U.S.C. 553(d)(3), the Coast Executive orders related to rulemaking. compliance, please contact the person Guard finds that good cause exists for Below we summarize our analyses listed in the FOR FURTHER INFORMATION making it effective less than 30 days based on a number of these statutes and CONTACT section. after publication in the Federal Executive orders, and we discuss First Small businesses may send comments Register. Delaying the effective date of Amendment rights of protestors. on the actions of Federal employees this rule would be impracticable and who enforce, or otherwise determine A. Regulatory Planning and Review contrary to the public interest because compliance with, Federal regulations to immediate action is necessary to Executive Orders 12866 and 13563 the Small Business and Agriculture respond to the potential safety hazards direct agencies to assess the costs and Regulatory Enforcement Ombudsman associated with these marine events. benefits of available regulatory and the Regional Small Business alternatives and, if regulation is Regulatory Fairness Boards. The III. Legal Authority and Need for Rule necessary, to select regulatory Ombudsman evaluates these actions The Coast Guard is issuing this rule approaches that maximize net benefits. annually and rates each agency’s under authority in 33 U.S.C. 1233. Executive Order 13771 directs agencies responsiveness to small business. If you Based on the nature of these marine to control regulatory costs through a wish to comment on actions by events, large numbers of participants budgeting process. This rule has not employees of the Coast Guard, call 1– and spectators, and event locations, the been designated as a ‘‘significant 888–REG–FAIR (1–888–734–3247). The

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22196 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

Coast Guard will not retaliate against believe this rule has implications for Manual 023–01–001–01, Rev. 01. A small entities that question or complain federalism or Indian tribes, please Record of Environmental Consideration about this rule or any policy or action contact the person listed in the FOR supporting this determination is of the Coast Guard. FURTHER INFORMATION CONTACT section. available in the docket where indicated in the ADDRESSES section of this C. Collection of Information E. Unfunded Mandates Reform Act preamble. This rule will not call for a new The Unfunded Mandates Reform Act collection of information under the of 1995 (2 U.S.C. 1531–1538) requires G. Protest Activities Paperwork Reduction Act of 1995 (44 Federal agencies to assess the effects of The Coast Guard respects the First U.S.C. 3501–3520). their discretionary regulatory actions. In Amendment rights of protesters. particular, the Act addresses actions Protesters are asked to contact the D. Federalism and Indian Tribal that may result in the expenditure by a person listed in the FOR FURTHER Governments State, local, or tribal government, in the INFORMATION CONTACT section to A rule has implications for federalism aggregate, or by the private sector of coordinate protest activities so that your under Executive Order 13132, $100,000,000 (adjusted for inflation) or message can be received without Federalism, if it has a substantial direct more in any one year. Though this rule jeopardizing the safety or security of effect on the States, on the relationship will not result in such an expenditure, people, places or vessels. between the national government and we do discuss the effects of this rule List of Subjects in 33 CFR Part 100 the States, or on the distribution of elsewhere in this preamble. power and responsibilities among the Marine safety, Navigation (water), various levels of government. We have F. Environment Reporting and recordkeeping analyzed this rule under that Order and We have analyzed this rule under requirements, and Waterways. have determined that it is consistent Department of Homeland Security For the reasons discussed in the with the fundamental federalism Management Directive 023–01 and preamble, the U.S. Coast Guard amends principles and preemption requirements Commandant Instruction M16475.lD, 33 CFR part 100 as follows: described in Executive Order 13132. which guide the Coast Guard in Also, this rule does not have tribal complying with the National PART 100—SAFETY OF LIFE ON implications under Executive Order Environmental Policy Act of 1969 (42 NAVIGABLE WATERWAYS 13175, Consultation and Coordination U.S.C. 4321–4370f), and have with Indian Tribal Governments, determined that this action is one of a ■ 1. The authority citation for part 100 because it does not have a substantial category of actions that do not continues to read as follows: direct effect on one or more Indian individually or cumulatively have a Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. tribes, on the relationship between the significant effect on the human ■ 2. In § 100.801, revise Table 1 to read Federal Government and Indian tribes, environment. Normally such actions are as follows: or on the distribution of power and categorically excluded from further responsibilities between the Federal review under paragraph L61 of § 100.801 Annual Marine Events in the Government and Indian tribes. If you Appendix A, Table 1 of DHS Instruction Eighth Coast Guard District.

TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS

Date Event/sponsor Ohio Valley location Regulated area

1. 1 day—During the last Kentucky Derby Festival/Belle Louisville, KY ...... Ohio River, Mile 595.0–605.3 (Kentucky). week of April or first week of Louisville Operating of May. Board/Great Steamboat Race. 2. 1 day—Third weekend in World Triathlon Corporation/ Chattanooga, TN ...... Tennessee River, Mile 462.7–467.5 (Ten- May. IRONMAN 70.3. nessee). 3. 1 day—Third or fourth Greater Morgantown Conven- Morgantown, WV ...... Monongahela River, Mile 101.0–102.0 (West weekend in June. tion and Visitors Bureau/ Virginia). Mountaineer Triathlon. 4. 2 days—First weekend of Thunder on the Bay/KDBA .... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). June. 5. 1 day—One of the first two Green Umbrella/Ohio River Cincinnati, OH...... Ohio River, Mile 458.5–476.4 (Ohio and weekends in August. Paddlefest. Kentucky). 6. 1 day—Fourth or fifth Sun- Green Umbrella/Great Ohio Cincinnati, OH...... Ohio River, Mile 468.8–471.2 (Ohio and day in September. River Swim. Kentucky). 7. 1 day—One of the last two Ohio River Open Water Swim Prospect, KY ...... Ohio River, Mile 587.0–591.0 (Kentucky). weekends in September. 8. 2 days—One of the first Louisville Dragon Boat Fes- Louisville, KY ...... Ohio River, Mile 602.0–604.5 (Kentucky). three weekends in Sep- tival. tember. 9. 1 day—Third or fourth Tucson Racing/Cincinnati Cincinnati, OH ...... Ohio River, Mile 468.3–471.2 (Ohio). Sunday of July. Triathlon. 10. 2 days—One of the first Thunder on the Bay/KDBA .... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). two weekends in July. 11. 1 day—Second weekend Bradley Dean/Renaissance Florence, AL...... Tennessee River, Mile 254.0–258.0 (Ala- in July. Man Triathlon. bama). 12. 3 days—The last week- Madison Regatta, Inc./Madi- Madison, IN ...... Ohio River, Mile 554.0–561.0 (Indiana). end in June or one of the son Regatta. first two weekends in July.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22197

TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Ohio Valley location Regulated area

13. 1 day—One weekend in Louisville Race the Bridge Louisville, KY ...... Ohio River, Mile 600.5–604.0 (Kentucky). June. Triathlon. 14. 1 day—Fourth weekend Team Magic/Chattanooga Chattanooga, TN ...... Tennessee River, Mile 462.7–466.0 (Ten- in June. Waterfront Triathlon. nessee). 15. 1 day—Fourth weekend Team Magic/Music City Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Ten- in July. Triathlon. nessee). 16. 2 days—Last two weeks Friends of the Riverfront Inc./ Pittsburgh, PA...... Allegheny River, Mile 0.0–1.5 (Pennsyl- in July or first three weeks Pittsburgh Triathlon and vania). of August. Adventure Races. 17. 3 days—First week of Au- EQT Pittsburgh Three Rivers Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5, Allegheny River, gust. Regatta. Mile 0.0–0.6, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 18. 2 days—First weekend of Thunder on the Bay/KDBA .... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). August. 19. 2 days—One of the last Captain Quarters Regatta ..... Louisville, KY ...... Ohio River, Mile 594.0–598.0 (Kentucky). three weekends in Sep- tember or the first weekend in October. 20. 2 days—One of the first Norton Healthcare/Ironman Louisville, KY ...... Ohio River, Mile 600.5–605.5 (Kentucky). three weekends in October. Triathlon. 21. 2 days—Third full week- Ohio County Tourism/Rising Rising Sun, IN ...... Ohio River, Mile 504.0–508.0 (Indiana and end (Saturday and Sunday) Sun Boat Races. Kentucky). in August. 22. 1 day—Last weekend in Tennessee Clean Water Net- Knoxville, TN ...... Tennessee River, Mile 646.3–648.7 (Ten- August. work/Downtown Dragon nessee). Boat Races. 23. 3 days—One weekend in Pro Water Cross Champion- Charleston, WV ...... Kanawha River, Mile 56.7–57.6 (West Vir- August. ships. ginia). 24. 2 days—One weekend in Huntington Classic Regatta... Huntington, WV...... Ohio River, Mile 307.3–309.3 (West Vir- July. ginia). 25. 2 days—Labor Day week- Wheeling Vintage Race Boat Wheeling, WV ...... Ohio River, Mile 90.4–91.5 (West Virginia). end. Association Ohio/Wheeling Vintage Regatta. 26. 2 days—weekend before SUP3Rivers The Southside Pittsburgh, PA...... Monongahela River, Mile 0.0–3.09, Alle- Labor Day. Outside. gheny River Mile 0.0–0.25 (Pennsylvania). 27. 1 day—One of the first Cumberland River Compact/ Nashville, TN ...... Cumberland River, Mile 189.7–192.1 (Ten- three weekends in Sep- Cumberland River Dragon nessee). tember. Boat Festival. 28. 2 days—One of the first State Dock/Cumberland Jamestown, KY ...... Lake Cumberland (Kentucky). three weekends in Sep- Poker Run. tember. 29. 3 days—One of the first Sailing for a Cure Founda- Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). three weekends in Sep- tion/SFAC Fleur de Lis Re- tember. gatta. 30. 1 day—Last weekend in World Triathlon Corporation/ Chattanooga, TN ...... Tennessee River, Mile 462.7–467.5 (Ten- September. IRONMAN Chattanooga. nessee). 31. 1 day—Second weekend City of Clarksville/Clarksville Clarksville, TN ...... Cumberland River, Mile 125.0–126.0 (Ten- in September. Riverfest Cardboard Boat nessee). Regatta. 32. 2 days—First weekend of Three Rivers Rowing Asso- Pittsburgh, PA...... Allegheny River, Mile 0.0–4.0 (Pennsyl- October. ciation/Head of the Ohio vania). Regatta. 33. 1 day—First or second Lookout Rowing Club/Chat- Chattanooga, TN ...... Tennessee River, Mile 463.0–468.0 (Ten- weekend in October. tanooga Head Race. nessee). 34. 3 days—First weekend in Atlanta Rowing Club/Head of Chattanooga, TN ...... Tennessee River, Mile 463.0–468.0 (Ten- November. the Hooch Rowing Regatta. nessee). 35. One Saturday in June or Paducah Summer Festival/ Paducah, KY ...... Ohio River, Mile 934–936 (Kentucky). July. Cross River Swim. 36. 1 day—During the last Louisville Metro Government/ Louisville, KY ...... Ohio River, Mile 601.0–604.5 (Kentucky). weekend in May or on Me- Mayor’s Healthy Hometown morial Day. Subway Fresh Fit, Hike, Bike and Paddle. 37. 3 days—One of the last Hadi Shrine/Evansville Evansville, IN ...... Ohio River, Mile 790.0–796.0 (Indiana). three weekends in June. Shriners Festival/Freedom Festival. 38. 1 day—During the first Evansville Freedom Celebra- Evansville, IN ...... Ohio River, Mile 790.0–797.0 (Indiana). week of July. tion/4th of July Freedom Celebration. 39. 1 day—First weekend in Louisville Metro Government/ Louisville, KY ...... Ohio River, Mile 601.0–610.0 (Kentucky). September or on Labor Mayor’s Healthy Hometown Day. Subway Fresh Fit, Hike, Bike and Paddle.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22198 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Ohio Valley location Regulated area

40. 2 days—One of the last Dare to Care/KFC Mayor’s Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). three weekends in July. Cup Paddle Sports Races/ Voyageur Canoe World Championships. 41. 3 days— One of the last Kentucky Drag Boat Associa- Livermore, KY ...... Green River, Mile 69.0–72.5 (Kentucky). two weekends in August. tion/Thunder on the Green. 42. 1 day—Fourth weekend Team Rocket Tri-Club/ Huntsville, AL ...... Tennessee River, Mile 332.2–335.5 (Ala- in August. Rocketman Triathlon. bama). 43. 3 days—One of the last Hadi Shrine/Owensboro Air Owensboro, KY ...... Ohio River, Mile 754.0–760.0 (Kentucky). three weekends in Sep- Show. tember or first weekend in October. 44. 1 day—Last weekend in HealthyHuntington.org/St. Huntington, WV...... Ohio River, Mile 307.3–308.3 (West Vir- July or first weekend in Au- Marys Tri-state Triathlon. ginia). gust. 45. 2 days—Sunday before Cincinnati Bell, WEBN, and Cincinnati, OH ...... Ohio River, Mile 463.0–477.0 (Kentucky and Labor Day and Labor Day. Proctor and Gamble/ Ohio) and Licking River Mile 0.0–3.0 Riverfest. (Kentucky). 46. 1 day—One Sunday in Ohio River Sternwheel Fes- Marietta, OH ...... Ohio River, Mile 170.5–172.5 (Ohio). September. tival Committee Sternwheel race reenactment. 47. 1 day—One Saturday in Parkersburg Paddle Fest ...... Parkersburg, WV ...... Ohio River, Mile 184.3–188 (West Virginia). September or One week- end in September. 48. 3 days—Last weekend of New Martinsville Records and New Martinsville, WV ...... Ohio River, Mile 128–129 (West Virginia). September and/or first Regatta Challenge Com- weekend in October. mittee. 49. First weekend in July ...... Eddyville Creek Marina/Thun- Eddyville, KY...... Cumberland River, Mile 46.0–47.0 (Ken- der Over Eddy Bay. tucky). 50. First or second weekend Prizer Point Marina/4th of Cadiz, KY ...... Cumberland River, Mile 54.0–55.09 (Ken- of July. July Celebration. tucky). 51. 2 days—Last weekend in Visit Knoxville/Racing on the Knoxville, TN ...... Tennessee River, Mile 647.0–648.0 (Ten- May or first weekend in Tennessee. nessee). June. 52. 1 day—First or second Riverbluff Triathlon ...... Ashland City, TN ...... Cumberland River, Mile 157.0–159.0 (Ten- weekend in August. nessee). 53. 2 days—One weekend in POWERBOAT NATION- Ravenswood, WV...... Ohio River, Mile 220.5–221.5 (West Vir- August. ALS—Ravenswood Re- ginia). gatta. 54. 3 days—One of the last Lawrenceburg Regatta/Whis- Lawrenceburg, IN ...... Ohio River, Mile 491.0–497.0 (Indiana). three weekends in June. key City Regatta. 55. 2 days—One of the last Madison Vintage Thunder ..... Madison, IN ...... Ohio River, Mile 556.5–559.5 (Indiana). three weekends in Sep- tember. 56. 1 day—Third weekend in Vanderbilt Rowing/Vanderbilt Nashville, TN ...... Cumberland River, Mile 188.0–192.7 (Ten- March. Invite. nessee). 57. 3 days—First or Second Vanderbilt Rowing/Music City Nashville, TN ...... Cumberland River, Mile 189.5–196.0 (Ten- weekend in October. Head Race. nessee). 58. 3 days—Third weekend in TM Thunder LLC/Thunder on Nashville, TN ...... Cumberland River, Mile 189.6–192.3 (Ten- June. the Cumberland. nessee). 59. 3 days—Second weekend Vanderbilt Rowing/ACRA Nashville, TN ...... Cumberland River, Mile 188.0–194.0 (Ten- in May. Henley. nessee). 60. 2 days—Third weekend in Kittanning Riverbration Boat Kittanning, PA ...... Allegheny River, Mile 44.0–45.5 (Pennsyl- August. Races. vania). 61. 2 days—Third Friday and Thunder Over Louisville ...... Louisville, KY ...... Ohio River, Mile 597.0–604.0 (Kentucky). Saturday in April. 62. 3 days—The last week- Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0. end in August or one of the first two weekends in Sep- tember. 63. 2 days—One weekend in Marietta Riverfront Roar Re- Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). July. gatta. 64. 1 day—One weekend in Charleston Lighted Boat Pa- Charleston, WV ...... Kanawha River, Mile 54.3–60.3 (West Vir- November or December. rade. ginia). 65. 1 day—One weekend in YMCA River Swim ...... Charleston, WV ...... Kanawha River, Mile 58.3–60.3 (West Vir- August. ginia). 66. 1 day—One weekend in Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). April. 67. 2 days—One weekend in New Martinsville Vintage Re- New Martinsville,WV ...... Ohio River Mile 127.5–128.5 (West Virginia). June. gatta. 68. 3 days—One weekend in Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Kentucky). August.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22199

TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Event/sponsor Ohio Valley location Regulated area

69. 2 days—Fourth weekend Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). in March. tion/Atomic City Turn and Burn. 70. 3 days—Second or third Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). weekend in March. tion/Cardinal Invitational. 71. 3 days—Third weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). April. tion/SIRA Regatta. 72. 3 days—Fifth weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). April. tion/Dogwood Junior Re- gatta. 73. 3 days—Second weekend Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). in May. tion/Big 12 Championships. 74. 3 days—Third weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). May. tion/Dogwood Masters. 75. 1 day—First weekend in Visit Knoxville/Knoxville Pow- Knoxville, TN ...... Tennessee River, Mile 646.4–649.0 (Ten- June. erboat Classic. nessee). 76. 1 day—First Sunday in Above the Fold Events/ Ashland City, TN ...... Cumberland River, Mile 157.0–159.5 (Ten- August. Riverbluff Triathlon. nessee). 77. 3 days—First weekend in Outdoor Chattanooga/Chat- Chattanooga, TN ...... Tennessee River, Mile 454.0–468.0 (Ten- June. tanooga Swim Festival. nessee). 78. 1 day—Fourth or fifth Knoxville Open Water Swim- Knoxville, TN ...... Tennessee River, Mile 641.0–648.0 (Ten- weekend in September. mers/Bridges to Bluffs. nessee). 79. 1 day—Third Sunday in Team Rocket Tri Club/Swim Huntsville, AL ...... Tennessee River, Mile 332.3–338.0 (Ala- September. Hobbs Island. bama).

* * * * * www.regulations.gov. Type USCG– deviation from drawbridge regulations; Dated: May 7, 2018. 2017–0687 in the ‘‘SEARCH’’ box and request for comments (82 FR 41174). M.B. Zamperini, click ‘‘SEARCH.’’ Click on Open Docket There, we stated why we issued the Folder on the line associated with this temporary deviation, and invited Captain, U.S. Coast Guard, Captain of the comments on whether a permanent Port Sector Ohio Valley. rulemaking. FOR FURTHER INFORMATION CONTACT: change to the Stillwater Highway Bridge [FR Doc. 2018–10087 Filed 5–11–18; 8:45 am] If you have questions on this rule, call or operating schedule was warranted. In BILLING CODE 9110–04–P email Eric A. Washburn, Bridge addition, the petition we received for Administrator, Western Rivers, Coast schedule change was made available for public inspection in the Federal DEPARTMENT OF HOMELAND Guard; telephone 314–269–2378, email eRulemaking Portal online docket at SECURITY [email protected]. SUPPLEMENTARY INFORMATION: http://www.regulations.gov. During the Coast Guard comment period that ended on I. Table of Abbreviations November 28, 2017, we received 41 33 CFR Part 117 CFR Code of Federal Regulations comments. DHS Department of Homeland Security The Coast Guard is issuing this rule [Docket No. USCG–2017–0687] FR Federal Register without prior notice and opportunity to OMB Office of Management and Budget comment pursuant to authority under Drawbridge Operation Regulation; St. § Section section 4(a) of the Administrative Croix River, Stillwater, MN U.S.C. United States Code Procedure Act (APA) (5 U.S.C. 553(b)). AGENCY: Coast Guard, DHS. II. Background Information and This provision authorizes an agency to issue a rule without prior notice and ACTION: Final rule. Regulatory History opportunity to comment when the The Stillwater Highway Bridge, across SUMMARY: The Coast Guard is altering agency for good cause finds that those the operating schedule that governs the the St. Croix River, mile 23.4, at procedures are ‘‘impracticable, Stillwater Highway Bridge across the St. Stillwater, Minnesota, currently unnecessary, or contrary to the public Croix River, mile 23.4, at Stillwater, operates under 33 CFR 117.667(b). The interest.’’ Under 5 U.S.C. 553(b)(3)(B), Minnesota. This action is necessary Stillwater Highway Bridge provides a the Coast Guard finds that good cause because the Stillwater Highway Bridge vertical clearance of 10.9 feet above exists for not publishing a notice of is no longer open to vehicular traffic. normal pool in the closed-to-navigation proposed rulemaking (NPRM) with This operating schedule change will position. Navigation on the waterway respect to this rule because it is increase daily openings for vessel traffic consists primarily of commercial unnecessary. The temporary deviation on the St. Croix River, while minimally sightseeing/dinner cruise boats and provided for public notice and impacting the pedestrian and bicycle recreational watercraft. On July 7, 2017, comment, and this final rule lifts, rather traffic that transits the bridge. the Coast Guard was informed that with than imposes, restrictions on the the August 2017 opening of the new St. operating schedule of the Stillwater DATES: This rule is effective May 15, Croix River Crossing, vehicular traffic Highway Bridge. 2018. over the Stillwater Highway Bridge Under 5 U.S.C. 553(d)(3), the Coast ADDRESSES: To view documents terminated. In response, on August 30, Guard finds that good cause exists for mentioned in this preamble as being 2017, we published a temporary making this rule effective less than 30 available in the docket, go to http:// deviation titled Notice of temporary days after publication in the Federal

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22200 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

Register. Delaying the effective date of However, 2 of these 37 commenters approaches that maximize net benefits. this rule would be impracticable and proposed that, at least while the bridge Executive Order 13771 directs agencies contrary to the public interest because is closed to pedestrian and bicycle to control regulatory costs through a immediate action is needed to change traffic during construction, the bridge budgeting process. This rule has not the schedule of the bridge before the should remain open. The Coast Guard been designated a ‘‘significant summer boating season begins. disagrees as the Minnesota Department regulatory action,’’ under Executive of Transportation may have particular Order 12866. Accordingly, it has not III. Legal Authority and Need for Rule needs, such as for maintenance and been reviewed by the Office of The Coast Guard is issuing this rule repair, to keep the bridge in the closed Management and Budget (OMB) and under authority 33 U.S.C. 499. The position even while it is not open to pursuant to OMB guidance it is exempt Stillwater Highway Bridge currently pedestrian traffic. from the requirements of Executive operates under 33 CFR 117.667(b). It has Further, 2 of the 37 commenters in Order 13771. been closed to vehicular traffic and is favor of the new schedule also proposed This regulatory action determination now open for pedestrian and bicycle use that the bridge’s off-season 24 hour is based on the findings from the test only. As the current operating schedule notice requirement be reduced to 2 hour deviation that the final rule will reduce was created solely to reduce the impact notice, and another 3 of these 37 negative impact to navigation while of drawspan openings on vehicular commenters also requested a no-wake minimally impacting bicycle and traffic, it now no longer serves the zone in the vicinity of the bridge. These pedestrian traffic. purpose or needs of the bridge. proposals were not part of the B. Impact on Small Entities temporary deviation and are outside the IV. Discussion of Comments, Changes The Regulatory Flexibility Act of and the Rule scope of this rulemaking. Finally, the Minnesota Department of 1980, 5 U.S.C. 601–612, as amended, As noted above, we received 41 Transportation requested that the Coast requires federal agencies to consider the comments on our temporary deviation Guard work with the Minnesota and potential impact of regulations on small published on August 30, 2017. Of the 41 Wisconsin State Historic Preservation entities during rulemaking. The term comments we received, 37 were in favor Offices to ensure that the schedule has ‘‘small entities’’ comprises small of the new schedule, and 4 were not. no adverse effect under Section 106 of businesses, not-for-profit organizations Most of the 37 commenters in favor of the Historic Preservation Act and also that are independently owned and the half hour schedule identified as that the Coast Guard hold public operated and are not dominant in their boaters and stated that the half hour lift meeting before making a permanent fields, and governmental jurisdictions schedule represented a good change to the schedule. Neither the with populations of less than 50,000. compromise between boaters and Minnesota nor the Wisconsin State The Coast Guard received no comments pedestrians. Of the 4 commenters not in Historic Preservation Office themselves from the Small Business Administration favor of the schedule, two stated that no submitted a comment on the temporary on this rule. The Coast Guard certifies change was necessary, one requested no deviation, and the schedule change is under 5 U.S.C. 605(b) that this rule will change until a study regarding the merely operational and has no effect on not have a significant economic impact schedule impact on bicyclists could be the aesthetics of the Stillwater Highway on a substantial number of small conducted, and one commenter, the Bridge. Moreover, absent a specific need entities. While some owners or Minnesota Department of to hold a public meeting, the Coast operators of vessels intending to transit Transportation, the owner of the bridge, Guard finds that there has been the bridge may be small entities, for the requested that the schedule be adjusted sufficient public comment on this reasons stated in section V.A above, this to keep the number of lifts consistent schedule in the public docket of the rule will not have a significant with previous years. temporary deviation. Accordingly, the economic impact on any vessel owner The Coast Guard finds that there is a Coast Guard finds that it is appropriate or operator. need to change the current schedule as to adopt the schedule change that was Under section 213(a) of the Small it no longer serves the needs or purpose implemented during the temporary Business Regulatory Enforcement of the bridge. The Coast Guard also deviation. Fairness Act of 1996 (Pub. L. 104–121), finds that a study regarding the impact There are no changes in the regulatory we want to assist small entities in of the new schedule specifically on text of this rule from the temporary understanding this rule. If the rule bicyclists is not necessary to delay the deviation. This rule requires the bridge would affect your small business, schedule change for the upcoming to open daily, every 30 minutes from 8 organization, or governmental boating season. Finally, while the Coast a.m. until midnight, and upon two jurisdiction and you have questions Guard understands the Minnesota hours notice from midnight until 8 a.m. concerning its provisions or options for Department of Transportation’s compliance, please contact the person concerns for keeping a consistent V. Regulatory Analyses listed in the FOR FURTHER INFORMATION number of openings with previous We developed this rule after CONTACT, above. years, the Minnesota Department of considering numerous statutes and Small businesses may send comments Transportation did not propose an Executive orders related to rulemaking. on the actions of Federal employees alternate schedule, and as described Below we summarize our analyses who enforce, or otherwise determine above, the needs and purpose of the based on a number of these statutes and compliance with, Federal regulations to bridge have changed from previous Executive orders, and we discuss First the Small Business and Agriculture years. Amendment rights of protesters. Regulatory Enforcement Ombudsman Approximately 5 of the 37 and the Regional Small Business commenters in favor of the rule also A. Regulatory Planning and Review Regulatory Fairness Boards. The proposed that the bridge either remain Executive Orders 12866 and 13563 Ombudsman evaluates these actions open and close on request of direct agencies to assess the costs and annually and rates each agency’s pedestrians, open on demand, or open benefits of available regulatory responsiveness to small business. If you every 15 minutes. The Coast Guard alternatives and, if regulation is wish to comment on actions by disagrees with these proposals. necessary, to select regulatory employees of the Coast Guard, call

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22201

1–888–REG–FAIR (1–888–734–3247). individually or cumulatively have a DEPARTMENT OF HOMELAND The Coast Guard will not retaliate significant effect on the human SECURITY against small entities that question or environment. This rule simply complain about this rule or any policy promulgates the operating regulations or Coast Guard or action of the Coast Guard. procedures for a drawbridge. It is 33 CFR Part 165 C. Collection of Information categorically excluded from further review under paragraph L49 of This rule will not call for a new [Docket Number USCG–2018–0430] Appendix A, Table 1 of DHS Instruction collection of information under the Manual 023–01–001–01, Rev. 01. RIN 1625–AA00 Paperwork Reduction Act of 1995 Neither a Record of Environmental (44 U.S.C. 3501–3520). Safety Zone; Upper Mississippi River, Consideration nor a Memorandum for St. Louis, MO D. Federalism and Indian Tribal the Record are required for this rule. Government AGENCY: Coast Guard, DHS. G. Protest Activities A rule has implications for federalism ACTION: Temporary final rule. under Executive Order 13132, The Coast Guard respects the First Federalism, if it has a substantial direct Amendment rights of protesters. SUMMARY: The Coast Guard is effect on the States, on the relationship Protesters are asked to contact the establishing a temporary safety zone for all navigable waters on the Upper between the national government and person listed in the FOR FURTHER Mississippi River from mile marker the States, or on the distribution of INFORMATION CONTACT section to (MM) 179 to MM 179.5, extending the power and responsibilities among the coordinate protest activities so that your entire width of the river, near St. Louis, various levels of government. We have message can be received without analyzed this rule under that Order and MO. This safety zone is necessary to jeopardizing the safety or security of protect persons, vessels, and the marine have determined that it is consistent people, places or vessels. with the fundamental federalism environment from potential hazards that principles and preemption requirements List of Subjects in 33 CFR Part 117 could occur while emergency work is described in Executive Order 13132. completed on new power lines Also, this rule does not have tribal Bridges. extending across the river. Entry of vessels or persons into this safety zone implications under Executive Order For the reasons discussed in the is prohibited unless authorized by the 13175, Consultation and Coordination preamble, the Coast Guard amends 33 Captain of the Port Sector Upper with Indian Tribal Governments, CFR part 117 as follows: because it does not have a substantial Mississippi River (COTP) or a direct effect on one or more Indian PART 117—DRAWBRIDGE designated representative. tribes, on the relationship between the OPERATION REGULATIONS DATES: This rule is effective from 7 a.m. Federal Government and Indian tribes, on May 14, 2018 through 7 p.m. on May or on the distribution of power and ■ 1. The authority citation for part 117 15, 2018. responsibilities between the Federal continues to read as follows: ADDRESSES: To view documents Government and Indian tribes. If you mentioned in this preamble as being believe this rule has implications for Authority: 33 U.S.C. 499; 33 CFR 1.05–1; available in the docket, go to http:// federalism or Indian tribes, please Department of Homeland Security Delegation www.regulations.gov, type USCG–2018– contact the person listed in the FOR No. 0170.1. 0430 in the ‘‘SEARCH’’ box and click FURTHER INFORMATION CONTACT section. ■ 2. Revise 117.667(b) to read as ‘‘SEARCH.’’ Click on Open Docket E. Unfunded Mandates Reform Act follows: Folder on the line associated with this rule. The Unfunded Mandates Reform Act § 117.667 St. Croix River. of 1995 (2 U.S.C. 1531–1538) requires FOR FURTHER INFORMATION CONTACT: If * * * * * Federal agencies to assess the effects of you have questions on this rule, call or their discretionary regulatory actions. In (b) The draw of the Stillwater Lift email LCDR Sean Peterson, Chief of particular, the Act addresses actions Bridge, Mile 23.4, shall open on signal Prevention, U.S. Coast Guard; telephone that may result in the expenditure by a as follows: 314–269–2332, email Sean.M.Peterson@ uscg.mil. State, local, or tribal government, in the (1) From May 15 through October 15, SUPPLEMENTARY INFORMATION: aggregate, or by the private sector of daily: $100,000,000 (adjusted for inflation) or I. Table of Abbreviations more in any one year. Though this rule (i) 8 a.m. to midnight, every half hour; will not result in such an expenditure, (ii) Midnight to 8 a.m., upon two CFR Code of Federal Regulations we do discuss the effects of this rule hours notice. COTP Captain of the Port Sector Upper Mississippi River elsewhere in this preamble. (2) From October 16 through May 14, DHS Department of Homeland Security F. Environment if at least 24 hours notice is given. FR Federal Register * * * * * MM Mile marker We have analyzed this rule under NPRM Notice of proposed rulemaking Department of Homeland Security Dated: May 8, 2018. § Section Management Directive 023–01 and Paul F. Thomas, U.S.C. United States Code Commandant Instruction M16475.lD, Rear Admiral, U.S. Coast Guard, Commander, which guides the Coast Guard in II. Background Information and Eighth Coast Guard District. complying with the National Regulatory History Environmental Policy Act of 1969 [FR Doc. 2018–10186 Filed 5–11–18; 8:45 am] The Coast Guard is issuing this (42 U.S.C. 4321–4370f), and have BILLING CODE 9110–04–P temporary rule without prior notice and determined that this action is one of a opportunity to comment pursuant to category of actions that do not authority under section 4(a) of the

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22202 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

Administrative Procedure Act (APA) (5 commissioned, warrant, or petty officer businesses, not-for-profit organizations U.S.C. 553(b)). This provision of the U.S. Coast Guard assigned to that are independently owned and authorizes an agency to issue a rule units under the operational control of operated and are not dominant in their without prior notice and opportunity to USCG Sector Upper Mississippi River. fields, and governmental jurisdictions comment when the agency for good Vessels requiring entry into this safety with populations of less than 50,000. cause finds that those procedures are zone must request permission from the The Coast Guard received no comments ‘‘impracticable, unnecessary, or contrary COTP or a designated representative. from the Small Business Administration to the public interest.’’ Under 5 U.S.C. They may be contacted on VHF–FM on this rulemaking. The Coast Guard 553(b)(3)(B), the Coast Guard finds that Channel 16 or by telephone at 314–269– certifies under 5 U.S.C. 605(b) that this good cause exists for not publishing a 2332. All persons and vessels permitted rule will not have a significant notice of proposed rulemaking (NPRM) to enter this safety zone must transit at economic impact on a substantial with respect to this rule because it is the slowest safe speed and comply with number of small entities. impracticable. A barge-based crane has all lawful directions issued by the COTP While some owners or operators of contacted an overhead power line, or the designated representative. The vessels intending to transit the safety necessitating emergency repairs. This COTP or a designated representative zone may be small entities, for the safety zone must be established by May will inform the public of the reasons stated in section V.A. above, 14, 2018, and we lack sufficient time to enforcement times and date for this this rule will not have a significant provide a reasonable comment period safety zone through Broadcast Notices to economic impact on any vessel owner and then consider those comments Mariners (BNMs), Local Notices to or operator. before issuing this rule. The NPRM Mariners (LNMs), and/or Marine Safety C. Collection of Information process would delay the establishment Information Bulletins (MSIBs), as of the safety zone until after the appropriate. This rule will not call for a new emergency power line repairs are collection of information under the completed and compromise public V. Regulatory Analyses Paperwork Reduction Act of 1995 (44 safety. We developed this rule after U.S.C. 3501–3520). Under 5 U.S.C. 553(d)(3), the Coast considering numerous statutes and D. Federalism and Indian Tribal Guard finds that good cause exists for Executive Orders related to rulemaking. Governments making this rule effective less than 30 Below we summarize our analyses days after publication in the Federal based on a number of these statutes and A rule has implications for federalism Register. Delaying this rule would be Executive orders, and we discuss First under Executive Order 13132, contrary to the public interest because Amendment rights of protestors. Federalism, if it has a substantial direct immediate action is necessary to effect on the States, on the relationship A. Regulatory Planning and Review respond to the potential safety hazards between the national government and associated with the emergency power Executive Orders 12866 and 13563 the States, or on the distribution of line repairs. direct agencies to assess the costs and power and responsibilities among the benefits of available regulatory various levels of government. We have III. Legal Authority and Need for Rule alternatives and, if regulation is analyzed this rule under that Order and The Coast Guard is issuing this rule necessary, to select regulatory have determined that it is consistent under authority in 33 U.S.C. 1231. The approaches that maximize net benefits. with the fundamental federalism Captain of the Port Sector Upper Executive Order 13771 directs agencies principles and preemption requirements Mississippi River (COTP) has to control regulatory costs through a described in Executive Order 13132. determined that potential hazards budgeting process. This rule has not Also, this rule does not have tribal associated with emergency power line been designated a ‘‘significant implications under Executive Order repairs over the Upper Mississippi River regulatory action,’’ under Executive 13175, Consultation and Coordination will be a safety concern for anyone Order 12866. Accordingly, this rule has with Indian Tribal Governments, within a one-half mile stretch of the not been reviewed by the Office of because it does not have a substantial Upper Mississippi River. This rule is Management and Budget (OMB), and direct effect on one or more Indian necessary to protect persons, vessels, pursuant to OMB guidance it is exempt tribes, on the relationship between the and the marine environment before, from the requirements of Executive Federal Government and Indian tribes, during, and after the repair work. Order 13771. or on the distribution of power and This regulatory action determination responsibilities between the Federal IV. Discussion of the Rule is based on the size, location, duration, Government and Indian tribes. If you This rule establishes a safety zone and time-of-year of the safety zone. This believe this rule has implications for from 7 a.m. on May 14, 2018 through 7 safety zone covers a one-half mile federalism or Indian tribes, please p.m. on May 15, 2018. The safety zone stretch of the Upper Mississippi River contact the person listed in the FOR will be enforced from 7 a.m. through 7 for twelve hours on each of two days to FURTHER INFORMATION CONTACT section. p.m. each day and will cover all necessitate emergency power line E. Unfunded Mandates Reform Act navigable waters between mile markers repairs. The effects of the zone are (MMs) 179 and 179.5, extending the expected to be insignificant taking into The Unfunded Mandates Reform Act entire width of the river, on the Upper account the emergency nature of the of 1995 (2 U.S.C. 1531–1538) requires Mississippi River in St. Louis, MO. The required repairs. Federal agencies to assess the effects of duration of the zone is intended to their discretionary regulatory actions. In protect personnel, vessels, and the B. Impact on Small Entities particular, the Act addresses actions marine environment while the power The Regulatory Flexibility Act of that may result in the expenditure by a lines are repaired. Entry of vessels or 1980, 5 U.S.C. 601–612, as amended, State, local, or tribal government, in the persons into this safety zone is requires Federal agencies to consider aggregate, or by the private sector of prohibited unless authorized by the the potential impact of regulations on $100,000,000 (adjusted for inflation) or COTP or a designated representative. A small entities during rulemaking. The more in any one year. Though this rule designated representative is a term ‘‘small entities’’ comprises small will not result in such an expenditure,

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22203

we do discuss the effects of this rule (b) Effective period. This section is requested that EPA incorporate by elsewhere in this preamble. effective from 7 a.m. on May 14, 2018 reference into the Maryland SIP a through 7:00 p.m. on May 15, 2018. Maryland Department of the F. Environment (c) Enforcement period. This section Environment (MDE) order establishing We have analyzed this rule under will be enforced from 7 a.m. through 7 an alternative volatile organic Department of Homeland Security p.m. each day on May 14, 2018 and May compound (VOC) emission standard for Management Directive 023–01 and 15, 2018. National Gypsum Company (NGC) that Commandant Instruction M16475.lD, (d) Regulations. (1) Under the general will ensure that this source remains a which guide the Coast Guard in safety zone regulations in § 165.23 of minor stationary source of VOCs. EPA is complying with the National this part, entry into this zone is approving the SIP submittal Environmental Policy Act of 1969 (42 prohibited unless authorized by the incorporating by reference MDE’s order U.S.C. 4321–4370f), and have Captain of the Port Sector Upper for NGC in accordance with the determined that this action is one of a Mississippi River (COTP) or a requirements of the Clean Air Act category of actions that do not designated representative. A designated (CAA). individually or cumulatively have a representative is a commissioned, DATES: This final rule is effective on significant effect on the human warrant, or petty officer of the U.S. June 13, 2018. environment. This rule involves a safety Coast Guard assigned to units under the ADDRESSES: EPA has established a zone lasting only twelve hours on each operational control of USCG Sector of two days that restricts entry on a one- docket for this action under Docket ID Upper Mississippi River. Number EPA–R03–OAR–2017–0394. All half mile stretch of the Upper (2) Vessels requiring entry into this Mississippi River. It is categorically documents in the docket are listed on safety zone must request permission the http://www.regulations.gov website. excluded from further review under from the COTP or a designated paragraph L60(d) of Appendix A, Table Although listed in the index, some representative. They may be contacted information is not publicly available, 1 of DHS Instruction Manual 023–01– on VHF–FM Channel 16 or by telephone 001–01, Rev. 01. A Record of e.g., confidential business information at 314–269–2332. (CBI) or other information whose Environmental Consideration (3) All persons and vessels permitted supporting this determination will be disclosure is restricted by statute. to enter this safety zone must transit at Certain other material, such as made available in the docket where the slowest safe speed and comply with indicated under ADDRESSES. copyrighted material, is not placed on all lawful directions issued by the COTP the internet and will be publicly G. Protest Activities or the designated representative. available only in hard copy form. The Coast Guard respects the First (e) Informational broadcasts. The Publicly available docket materials are Amendment rights of protesters. COTP or a designated representative available through https:// Protesters are asked to contact the will inform the public of the www.regulations.gov, or please contact person listed in the FOR FURTHER enforcement times and date for this the person identified in the FOR FURTHER INFORMATION CONTACT section to safety zone through Broadcast Notices to INFORMATION CONTACT section for coordinate protest activities so that your Mariners (BNMs), Local Notices to additional availability information. message can be received without Mariners (LNMs), and/or Marine Safety FOR FURTHER INFORMATION CONTACT: jeopardizing the safety or security of Information Bulletins (MSIBs), as Gregory A. Becoat, (215) 814–2036, or people, places or vessels. appropriate. by email at [email protected]. List of Subjects in 33 CFR Part 165 Dated: May 9, 2018. SUPPLEMENTARY INFORMATION: Scott A. Stoermer, Harbors, Marine safety, Navigation I. Background Captain, U.S. Coast Guard, Captain of the (water), Reporting and recordkeeping Port Sector Upper Mississippi River. On June 24, 2016, MDE submitted a requirements, Security measures, [FR Doc. 2018–10191 Filed 5–11–18; 8:45 am] formal revision to the Maryland SIP. Waterways. BILLING CODE 9110–04–P The SIP revision consisted of a request For the reasons discussed in the to incorporate by reference a MDE preamble, the Coast Guard amends 33 departmental order establishing an CFR part 165 as follows: ENVIRONMENTAL PROTECTION alternative VOC emission standard for AGENCY NGC in connection with the permit-to- PART 165—REGULATED NAVIGATION construct conditions issued by MDE to AREAS AND LIMITED ACCESS AREAS 40 CFR Part 52 ensure that it remains a minor stationary ■ source of VOCs. The alternative VOC 1. The authority citation for part 165 [EPA–R03–OAR–2017–0394; FRL–9977– continues to read as follows: emissions limit is 195 pounds per 84—Region 3] operating day (lbs/day) with at least a Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 99% overall VOC control efficiency at 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Approval and Promulgation of Air Department of Homeland Security Delegation Quality Implementation Plans; Board Kiln No. 1. No. 0170.1. Maryland; Approval of an Alternative NGC is a major stationary source of nitrogen oxides (NO ), but is not a ■ 2. Add § 165.T08–0430 to read as Volatile Organic Compound Emission X major stationary source for VOCs. NGC follows: Standard has two major manufacturing lines: § 165.T08–0430 Safety Zone; Upper AGENCY: Environmental Protection Board Kiln No. 1 and Board Kiln No. 2. Mississippi River, St. Louis, MO. Agency (EPA). NGC was subject to VOC emission limits (a) Location. The following area is a ACTION: Final rule. on its kilns in COMAR 26.11.06.06, safety zone: All navigable waters of the which is included in the Maryland SIP. Upper Mississippi River between mile SUMMARY: The Environmental Protection Since Board Kiln No. 1 was installed marker (MM) 179 and MM 179.5, Agency (EPA) is approving a revision to before May 12, 1972, COMAR extending the entire width of the river, the State of Maryland’s state 26.11.06.06B(1)(a) required its VOC in St. Louis, MO. implementation plan (SIP). Maryland emissions to be less than 200 lbs/day

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22204 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

unless the discharge is reduced by 85 emissions shall be less than 25 tons in III. Public Comments and EPA’s percent or more overall. Because Board any rolling 12-month period to ensure Response Kiln No. 2 was installed in April 1998, that the total net VOC emissions EPA received one public comment on it was subject to COMAR increase resulting from the modification the August 28, 2017 NPR (82 FR 40743) 26.11.06.06B(1)(b), which, except as of Board Kiln No. 1, in addition to to approve Maryland’s June 24, 2016 SIP provided in COMAR 26.11.06.06E, Board Kiln No. 2’s emissions, is less submittal. limited the discharge of VOC to not than the nonattainment NSR threshold Comment: EPA should not grant an exceed 20 lbs/day unless the discharge of 25 tons in any rolling 12-month alternative limit that is so much more is reduced by 85 percent or more period; (4) NGC shall vent the flue gases than the 20 lbs/day VOCs allowed in the overall. Under COMAR 26.11.06.06E from Board Kiln No. 1 through the RTO State of Maryland. EPA should follow (‘‘Exceptions’’), a source may request an prior to discharging to the atmosphere the rules already in place for cement exception to a VOC emission limit from when manufacturing silicone XP water kilns in Maryland and not let this MDE if the source is not subject to new resistant wallboard and eXP water facility create ten times more VOCs source review (NSR) and if the source is resistant wallboard; (5) the temperature which create ozone in other states. EPA unable to comply with COMAR of the combustion zone of the RTO shall should conduct modeling to determine 26.11.06.06B (‘‘Control of VOC from what effect the increased VOC Installations’’). COMAR 26.11.06.06E(5) be maintained to at least the minimum temperature established during the most emissions will have on downwind areas requires MDE to submit the exception to that cannot meet ozone standards. EPA for inclusion in the Maryland SIP. recent stack emissions tests Additionally, EPA should determine MDE entered a consent order with NGC demonstrating compliance with the whether or not the increase of VOC will on March 11, 2016 establishing an daily VOC emission limit of 195 pounds result in increased ozone in the alternative VOC emission limit for per operating day; (6) NGC shall immediate areas as Baltimore has had Board Kiln No. 1 and Board Kiln No. 2. manufacture regular wallboard (any On August 28, 2017, EPA wallboard that is not silicone XP water several high ozone air quality days. The simultaneously published a notice of resistant wallboard or eXP water commenter stated EPA should not proposed rulemaking (NPR) (82 FR resistant wallboard and is not reduce health standards nor relax regulatory relief. Finally, the commenter 40743) and a direct final rule (DFR) (82 prohibited for production by MDE) only cited health effects of ozone pollution FR 40715) approving Maryland’s June in Board Kiln No. 2; and (7) NGC shall and asked EPA to not let cement kilns 2016 SIP revision submittal which monitor daily production for each type requested incorporation by reference of pollute more. of wallboard and shall calculate total Response: First, EPA notes that the a MDE order that includes an alternative daily VOC emissions from Board Kiln VOC emission standard for NGC. EPA VOC limits at the facility prior to this No. 1 and Board Kiln No. 2 to action were 20 lbs per day at Kiln #2 received an adverse comment on the demonstrate compliance with the rulemaking and withdrew the DFR prior and 200 lbs per day at Kiln #1, for an alternative VOC emission standard of overall total permitted limit of 220 lbs/ to the effective date of November 27, 195 pounds per operating day. 2017. day from both kilns. The new limit will After evaluating the SIP revision, EPA be 195 lbs/day from both kilns II. Summary of SIP Revision and EPA’s finds that the submittal strengthens the combined, which is a 25 lb/day decrease Analysis State of Maryland’s SIP and is in in the overall permitted amount of In the June 24, 2016 SIP submittal, accordance with COMAR 26.11.06.06 VOCs allowed from both kilns. Thus, MDE included an order authorizing an (which is in the Maryland SIP and the facility is not allowed to increase its alternative VOC emissions standard per provides for VOC alternative limits). VOC emissions tenfold, as commenter COMAR 26.11.06.06E in connection EPA also finds the submittal is in states. Second, the request is in accord with the construction permit MDE accordance with section 110 of the with rules already in place in previously prepared for NGC. MDE CAA, including 110(a) and 110(l), as the Maryland’s SIP. Pursuant to the requested that EPA incorporate by SIP revision will not interfere with Maryland SIP, COMAR 26.11.06.06E reference the order with the alternative reasonable further progress, attainment (‘‘Exceptions’’), a source may request an VOC emissions standard into the of any national ambient air quality exception to a VOC emission limit from Maryland SIP, as required by COMAR standard (NAAQS), or any other MDE if the source is not subject to NSR and if the source is unable to comply 26.11.06.06E(5). MDE had determined applicable CAA requirements. The that NGC met requirements for the VOC with COMAR 26.11.06.06B. MDE alternative VOC limit for NGC imposes alternative limit in COMAR concluded NGC was not subject to NSR a more stringent combined VOC 26.11.06.06E. One requirement in and that NGC was unable to comply emissions limit on both kilns of 195 lbs/ COMAR 26.11.06.06E(3)(c) is that the with COMAR 26.11.06.06B, making it alternative VOC limit not interfere with day compared to 220 lbs/day which eligible to apply for an exception under reasonable progress. The MDE order for would otherwise apply under COMAR COMAR 26.11.06.06E. However, NGC requires that NGC comply with the 26.11.06.06 to the kilns. In addition to because exceptions under COMAR following alternative VOC standards the lbs/day limit, NGC is subject to 26.11.06.06E require EPA approval of and other conditions: (1) NGC shall other limits EPA finds should restrict specific emission limitations, MDE install a regenerative thermal oxidizer VOC emissions including installation of submitted the alternative VOC limit to (RTO) on Board Kiln No. 1, which is a RTO on Board Kiln No. 1 with 99% EPA for inclusion in the SIP. As designed to achieve at least a 99% removal efficiency for VOCs and a limit described above and in the DFR, EPA overall VOC control efficiency, or not on plant-wide VOCs of 25 tons per 12 finds the alternative limit permissible greater than 0.5 parts per million by month rolling period. Thus, EPA finds within the scope of COMAR volume (ppmv) of VOC in the flue gases the more stringent VOC lbs/day limit 26.11.06.06E for an alternative VOC exiting the RTO; (2) total VOC emissions plus other measures in the MDE Order limit for NGC. from Board Kiln No. 1 and Board Kiln should yield greater VOC emissions EPA notes that Maryland regulation No. 2, combined, shall not exceed 195 reductions from NGC’s kilns than the COMAR 26.11.06.06B(1)(b), which lbs/day; (3) total premises-wide VOC generally applicable limit under the SIP. establishes the 20 lbs/day VOC limit

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22205

cited in the comment and is currently operate and maintain the equipment several high ozone air quality days. applicable to Board Kiln No. 2, itself and has production controls needed to However, as stated above, this SIP provides that alternative limits can be meet the alternative standard. Finally, revision decreases the allowable VOC appropriate in certain circumstances, regarding criterion (3)(c), Section V of emissions from the two kilns by even outside the exceptions available in the Fact Sheet (p.5) contains MDE’s lowering the overall permitted VOC COMAR 26.11.06.06E. Specifically, the analysis of air quality, which states that emission limits from the two kilns from Maryland regulation states that in installation of an RTO on Board Kiln a presumptive total limit of 220 lbs/day addition to the exceptions provision, an No. 1 would significantly reduce the to 195 lbs/day. This lower limit on VOC alternative limit to the 20 lbs/day can be emissions of VOC. Furthermore, and emissions from the kilns should not appropriate if ‘‘the discharge is reduced relevant to commenter’s concern, the result in increased ozone in the by 85 percent or more overall.’’ Thus, on analysis in Section V of the Fact Sheet Baltimore area. Regarding modelling, its face Maryland’s existing, SIP- states that although the alternative VOC EPA is not aware of any provision of the approved regulations explicitly limit for Board Kiln No. 2 will increase CAA or Maryland SIP requiring MDE or contemplate deviation from the 20 lb/ above the 20 lbs/day currently EPA to conduct modeling in these day VOC limit for Board Kiln No. 2 in permitted under Maryland regulation, circumstances to determine impacts on certain circumstances. In addition, the new combined VOC limits between ozone NAAQS in downwind or nearby COMAR 26.11.06.06E provides further Board Kiln No. 1 and Board Kiln No. 2 areas. The more stringent combined conditions under which the state may are in fact more stringent than the VOC limit of 195 lbs/day and the VOC establish an alternative emission limit, existing combined VOC limits for the reductions from the RTO on Kiln No. 1 subject to EPA approval. two units, and thus that the proposed should result in additional expected In order to grant such an exception, exception will be beneficial to the local VOC reductions from NGC, and COMAR 26.11.06.06E(3) requires the economy and air quality. therefore the alternative VOC limit for following: In accordance with Section 110(l) of NGC should not interfere with ozone (3) The Department may grant an the CAA, when approving a revision to NAAQS in downwind areas such as exception to § B(1)(b) or B(2)(c) of this a SIP EPA is also required to ensure that Baltimore nor allow more ‘‘pollution’’ regulation if it determines that: the state SIP revision will not interfere from NGC. (a) Control methods, if any, necessary with any applicable requirement Finally, EPA’s action here is to meet the requirements of § B(1)(b) or concerning attainment and reasonable approving an alternative VOC emission B(2)(c) are not reasonable for the further progress of any other applicable limit proposed by MDE which MDE installation; requirement in the CAA. In this case, determined is in accordance with (b) The applicant has the ability to the combined 195 lbs/day VOC limit for requirements of the Maryland SIP. Our operate and maintain the equipment both kilns, along with the requirement action is not ‘‘reducing health and has the production controls that the control device on Kiln No. 1 standards’’ nor relaxing ‘‘regulatory necessary to meet the alternative VOC must meet a 99% VOC destruction relief.’’ Indeed, the NAAQS for ozone, emission standard established by the efficiency, are together more stringent which is set at a level to protect human Department instead of the requirements than the VOC limits otherwise health and the environment, is not being of § B(1)(b) or B(2)(c); and presumptively applicable to NGC under altered. The more stringent 195 lbs/day (c) Emissions from the installation COMAR 26.11.06.06, which total 220 VOC emission limit for the kilns should will not interfere with reasonable lbs/day (200 lbs/day for kiln 1 and 20 not lead to more pollution as alluded to further progress if the exception is lbs/day for kiln 2). EPA does not expect by the commenter. granted. that this more stringent combined limit EPA finds that MDE has found that between the two kilns will result in IV. Final Action these criteria have been met, and interference with other CAA EPA is approving the Maryland SIP included in the docket MDE’s five-page requirements, including attainment of or revision submitted on June 24, 2016, Fact Sheet and Tentative Determination reasonable further progress towards any which requests incorporation by (Fact Sheet), which discusses each of NAAQS. reference of a MDE order that includes the elements listed above. Section III of In response to the commenter’s an alternative VOC emission standard the Fact Sheet notes that the VOC concern that EPA should follow the for NGC because the revision is in content in the flue gases from Board rules already in place for cement kilns accordance with the Maryland SIP and Kiln No. 2 is not significant, and in Maryland and not let this facility meets the requirements in CAA section therefore add-on controls would not be create ten times more VOCs which 110. This rule, which responds to the cost-effective and that space constraints create ozone in other states, EPA first adverse comment received, finalizes our at Board Kiln No. 2 make it notes that the NGC facility makes proposed approval of Maryland’s SIP economically infeasible to install an wallboard and is not a cement kiln. submittal incorporating by reference RTO as a control method under COMAR Second, the total allowable emissions of MDE’s order for NGC. 26.11.06.06E(3)(a) above. As to criterion VOCs from the Kilns 1 and 2 are (3)(b) above, MDE’s Fact Sheet, Section decreasing from 220 lbs/day to 195 lbs/ V. Incorporation by Reference V(1), requires that NGC conduct a day under this SIP revision, rather than In this rule, EPA is finalizing compliance demonstration for the RTO increasing ten times. regulatory text that includes installed on Kiln #1 within 180 days of The commenter also requested that incorporation by reference. In start-up of the RTO, and also conduct EPA should conduct modeling to accordance with requirements of 1 CFR stack tests on Kiln #2 to demonstrate determine what effect the increased 51.5, EPA is finalizing the incorporation compliance with the alternative VOC emissions will have on downwind by reference Maryland’s Department of emission rate, and thereafter monitor areas that cannot meet ozone standards. the Environment Order No. 510–0233– production rates from each kiln in order In the same vein, the commenter 6–0646 and –1569. EPA has made, and to calculate daily VOC emissions to requested that EPA should determine will continue to make, these materials demonstrate compliance with the 195 whether or not the increase of VOC will generally available through http:// lbs/day limit. This is how MDE will result in increased ozone in the www.regulations.gov and at the EPA determine that NGC has the ability to immediate areas as Baltimore has had Region III Office (please contact the

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22206 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

person identified in the FOR FURTHER in the Unfunded Mandates Reform Act EPA is not required to submit a rule INFORMATION CONTACT section of this of 1995 (Pub. L. 104–4); report regarding this action under preamble for more information). • does not have federalism section 801. Therefore, these materials have been implications as specified in Executive C. Petitions for Judicial Review approved by EPA for inclusion in the Order 13132 (64 FR 43255, August 10, SIP, have been incorporated by 1999); Under section 307(b)(1) of the CAA, • reference by EPA into that plan, are is not an economically significant petitions for judicial review of this fully federally enforceable under regulatory action based on health or action must be filed in the United States sections 110 and 113 of the CAA as of safety risks subject to Executive Order Court of Appeals for the appropriate the effective date of the final rulemaking 13045 (62 FR 19885, April 23, 1997); • circuit by July 13, 2018. Filing a petition of EPA’s approval, and will be is not a significant regulatory action for reconsideration by the Administrator incorporated by reference in the next subject to Executive Order 13211 (66 FR of this final rule does not affect the 1 28355, May 22, 2001); update to the SIP compilation. • finality of this action for the purposes of is not subject to requirements of judicial review nor does it extend the VI. Statutory and Executive Order Section 12(d) of the National time within which a petition for judicial Reviews Technology Transfer and Advancement review may be filed, and shall not Act of 1995 (15 U.S.C. 272 note) because A. General Requirements postpone the effectiveness of such rule application of those requirements would or action. This action, which approves Under the CAA, the Administrator is be inconsistent with the CAA; and Maryland’s SIP revision incorporating required to approve a SIP submission • does not provide EPA with the by reference a MDE order establishing a that complies with the provisions of the discretionary authority to address, as VOC emission standard for NGC, may CAA and applicable federal regulations. appropriate, disproportionate human not be challenged later in proceedings to 42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using enforce its requirements. (See section Thus, in reviewing SIP submissions, practicable and legally permissible 307(b)(2).) EPA’s role is to approve state choices, methods, under Executive Order 12898 provided that they meet the criteria of (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52 the CAA. Accordingly, this action In addition, this rule does not have merely approves state law as meeting tribal implications as specified by Environmental protection, Air federal requirements and does not Executive Order 13175 (65 FR 67249, pollution control, Incorporation by impose additional requirements beyond November 9, 2000), because the SIP is reference, Ozone, Reporting and those imposed by state law. For that not approved to apply in Indian country recordkeeping requirements, Volatile reason, this action: located in the state, and EPA notes that organic compounds. • Is not a ‘‘significant regulatory it will not impose substantial direct Dated: May 1, 2018. action’’ subject to review by the Office costs on tribal governments or preempt Cosmo Servidio, of Management and Budget under tribal law. Regional Administrator, Region III. Executive Orders 12866 (58 FR 51735, B. Submission to Congress and the 40 CFR part 52 is amended as follows: October 4, 1993) and 13563 (76 FR 3821, Comptroller General January 21, 2011); The Congressional Review Act, 5 PART 52—APPROVAL AND • is not an Executive Order 13771 (82 U.S.C. 801 et seq., as added by the Small PROMULGATION OF FR 9339, February 2, 2017) regulatory Business Regulatory Enforcement IMPLEMENTATION PLANS action because SIP approvals are Fairness Act of 1996, generally provides exempted under Executive Order 12866. ■ • that before a rule may take effect, the 1. The authority citation for part 52 does not impose an information agency promulgating the rule must continues to read as follows: collection burden under the provisions submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. of the Paperwork Reduction Act (44 copy of the rule, to each House of the U.S.C. 3501 et seq.); Congress and to the Comptroller General Subpart V—Maryland • is certified as not having a of the United States. Section 804, significant economic impact on a however, exempts from section 801 the ■ 2. In § 52.1070, the table in paragraph substantial number of small entities following types of rules: Rules of (d) is amended by adding the entry under the Regulatory Flexibility Act (5 particular applicability; rules relating to ‘‘National Gypsum Company’’ at the end U.S.C. 601 et seq.); agency management or personnel; and of the table to read as follows: • does not contain any unfunded rules of agency organization, procedure, mandate or significantly or uniquely or practice that do not substantially § 52.1070 Identification of plan. affect small governments, as described affect the rights or obligations of non- * * * * * agency parties. 5 U.S.C. 804(3). Because (d) EPA approved state source- 1 62 FR 27968 (May 22, 1997). this is a rule of particular applicability, specific requirements.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22207

Permit number/ State effective Additional Name of source type date EPA approval date explanation

******* National Gypsum Company Departmental Order ...... 3/11/2016 5/14/2018 [Insert Federal The SIP approval includes (NGC). Register citation]. specific alternative vola- tile organic compound emission limits and other conditions for NGC as established by the Departmental Order.

* * * * * FOR FURTHER INFORMATION CONTACT: Carl III. Statutory and Executive Order [FR Doc. 2018–09889 Filed 5–11–18; 8:45 am] Young, 214–665–6645, young.carl@ Reviews BILLING CODE 6560–50–P epa.gov. Under the CAA, the Administrator is SUPPLEMENTARY INFORMATION: required to approve a SIP submission ENVIRONMENTAL PROTECTION Throughout this document ‘‘we,’’ ‘‘us,’’ that complies with the provisions of the AGENCY and ‘‘our’’ means the EPA. Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). I. Background 40 CFR Part 52 Thus, in reviewing SIP submissions, the The background for this action is EPA’s role is to approve state choices, [EPA–R06–OAR–2016–0716; FRL–9977– discussed in detail in our February 14, provided that they meet the criteria of 26—Region 6] 2018 proposal (83 FR 6493). In that the CAA. Accordingly, this action document we proposed to approve merely approves state law as meeting Approval and Promulgation of portions of three Texas SIP submittals Federal requirements and does not Implementation Plans; Texas; pertaining to the CAA section impose additional requirements beyond Interstate Transport Requirements for 110(a)(2)(D)(i)(I) requirements based on those imposed by state law. For that the 1997 and 2006 PM2.5 NAAQS our conclusion, which is consistent reason, this action: with the State’s ultimate conclusion, • AGENCY: Environmental Protection Is not a ‘‘significant regulatory that emissions from Texas will not Agency (EPA). action’’ subject to review by the Office significantly contribute to of Management and Budget under ACTION: Final rule. nonattainment or interfere with Executive Orders 12866 (58 FR 51735, SUMMARY: Pursuant to the Federal Clean maintenance of the 1997 and 2006 p.m. October 4, 1993) and 13563 (76 FR 3821, Air Act (CAA or the Act), the 2.5 NAAQS in other states. Specifically, January 21, 2011); • Environmental Protection Agency (EPA) we proposed to approve (1) the portions Is not an Executive Order 13771 (82 is approving portions of three Texas of the April 4, 2008 and May 1, 2008 SIP FR 9339, February 2, 2017) regulatory State Implementation Plan (SIP) submittals for the 1997 PM2.5 NAAQS action because SIP approvals are and (2) the portion of the November 23, exempted under Executive Order 12866; submittals pertaining to CAA • requirements to prohibit emissions 2009 submittal for the 2006 PM2.5 Does not impose an information which will significantly contribute to NAAQS, as they pertain to CAA section collection burden under the provisions nonattainment or interfere with 110(a)(2)(D)(i)(I). of the Paperwork Reduction Act (44 maintenance of the 1997 and 2006 fine We received comments in support of U.S.C. 3501 et seq.); our proposal from the Texas • Is certified as not having a particulate matter (PM2.5) National Ambient Air Quality Standards Commission on Environmental Quality significant economic impact on a (NAAQS) in other states. (TCEQ) and Vistra Energy Corporation. substantial number of small entities TCEQ also noted in their comments that under the Regulatory Flexibility Act (5 DATES: This rule is effective on June 13, they disagree with EPA’s method for U.S.C. 601 et seq.); 2018. determining significant contribution to • Does not contain any unfunded ADDRESSES: The EPA has established a nonattainment or interference with mandate or significantly or uniquely docket for this action under Docket ID maintenance of the NAAQS in other affect small governments, as described No. EPA–R06–OAR–2016–0716. All states. We acknowledge the State’s in the Unfunded Mandates Reform Act documents in the docket are listed on position and welcome continued of 1995 (Pub. L. 104–4); the http://www.regulations.gov website. discussion and collaboration between • Does not have Federalism Although listed in the index, some EPA and the State on the issue. implications as specified in Executive information is not publicly available, Order 13132 (64 FR 43255, August 10, II. Final Action e.g., Confidential Business Information 1999); or other information whose disclosure is We are approving the portions of the • Is not an economically significant restricted by statute. Certain other April 4, 2008 and May 1, 2008 SIP regulatory action based on health or material, such as copyrighted material, submittals for the 1997 PM2.5 NAAQS safety risks subject to Executive Order is not placed on the internet and will be and the portion of the November 23, 13045 (62 FR 19885, April 23, 1997); publicly available only in hard copy 2009 submittal for the 2006 PM2.5 • Is not a significant regulatory action form. Publicly available docket NAAQS, as they pertain to CAA subject to Executive Order 13211 (66 FR materials are available either requirements to prohibit emissions 28355, May 22, 2001); electronically through http:// which will significantly contribute to • Is not subject to requirements of www.regulations.gov or in hard copy at nonattainment or interfere with section 12(d) of the National the EPA Region 6, 1445 Ross Avenue, maintenance of the 1997 and 2006 PM2.5 Technology Transfer and Advancement Suite 700, Dallas, Texas 75202–2733. NAAQS in other states. Act of 1995 (15 U.S.C. 272 note) because

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22208 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

application of those requirements would report containing this action and other Dated: May 8, 2018. be inconsistent with the CAA; and required information to the U.S. Senate, Anne Idsal, • Does not provide EPA with the the U.S. House of Representatives, and Regional Administrator, Region 6. discretionary authority to address, as the Comptroller General of the United appropriate, disproportionate human States prior to publication of the rule in 40 CFR part 52 is amended as follows: health or environmental effects, using the Federal Register. A major rule practicable and legally permissible cannot take effect until 60 days after it PART 52—APPROVAL AND methods, under Executive Order 12898 is published in the Federal Register. PROMULGATION OF (59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as IMPLEMENTATION PLANS defined by 5 U.S.C. 804(2). In addition, the SIP is not approved to Under section 307(b)(1) of the Clean ■ apply on any Indian reservation land or 1. The authority citation for part 52 Air Act, petitions for judicial review of continues to read as follows: in any other area where EPA or an this action must be filed in the United Indian tribe has demonstrated that a States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq. tribe has jurisdiction. In those areas of appropriate circuit by July 13, 2018. Subpart SS—Texas Indian country, the rule does not have Filing a petition for reconsideration by tribal implications and will not impose the Administrator of this final rule does substantial direct costs on tribal not affect the finality of this action for ■ 2. In § 52.2270(e), in the second table, governments or preempt tribal law as the purposes of judicial review nor does titled ‘‘EPA-Approved Nonregulatory specified by Executive Order 13175 (65 it extend the time within which a Provisions and Quasi-Regulatory FR 67249, November 9, 2000). petition for judicial review may be filed, Measures in the Texas SIP,’’ revise the The Congressional Review Act, 5 and shall not postpone the effectiveness entry for ‘‘Infrastructure and Interstate U.S.C. 801 et seq., as added by the Small of such rule or action. This action may Transport for the 1997 Ozone and the Business Regulatory Enforcement not be challenged later in proceedings to 1997 and 2006 PM2.5 NAAQS’’ to read Fairness Act of 1996, generally provides enforce its requirements. (See section as follows: that before a rule may take effect, the 307(b)(2).) agency promulgating the rule must § 52.2270 Identification of plan. List of Subjects in 40 CFR Part 52 submit a rule report, which includes a * * * * * copy of the rule, to each House of the Environmental protection, Air (e) * * * Congress and to the Comptroller General pollution control, Incorporation by of the United States. EPA will submit a reference, Particulate matter.

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

Applicable geographic or State submittal/ Name of SIP provision nonattainment effective date EPA approval date Comments area

******* Infrastructure and Inter- Statewide ...... 12/12/2007, 3/11/2008, 12/28/2011, 76 FR Approval for CAA elements 110(a)(2)(A), (B), state Transport for 4/4/2008, 5/1/2008, 81371. (E), (F), (G), (H), (K), (L), and (M). Full ap- the 1997 Ozone and 11/23/2009. proval for CAA elements 110(a)(2)(C), the 1997 and 2006 (D)(i)(II), (D)(ii) and (J) with approval of the PM2.5 NAAQS. GHG PSD revision (11/10/2014, 79 FR 66626). 1997 and 2006 PM2.5 element D(i)(I) approved 5/14/2018, [Insert Federal Reg- ister citation].

*******

[FR Doc. 2018–10162 Filed 5–11–18; 8:45 am] ACTION: Final rule; announcement of in the Federal Register announcing the BILLING CODE 6560–50–P effective date. effective date of those rules. DATES: The amendments to 47 CFR SUMMARY: In this document, the 51.325, 51.329, 51.332, and 51.333, Commission announces that the Office FEDERAL COMMUNICATIONS published at 82 FR 61453, December 28, of Management and Budget (OMB) has 2017, are effective on May 14, 2018. COMMISSION approved, for a period of three years, the FOR FURTHER INFORMATION CONTACT: 47 CFR Part 51 information collection associated with the Commission’s discontinuance rules. Michele Levy Berlove, Attorney This document is consistent with the Advisor, Wireline Competition Bureau, [WC Docket No. 17–84; FCC 17–154] Accelerating Wireline Broadband at (202) 418–1477, or by email at Accelerating Wireline Broadband Deployment by Removing Barriers to [email protected]. For additional Deployment by Removing Barriers to Infrastructure Investment Report and information concerning the Paperwork Infrastructure Investment Order, Declaratory Ruling, and Further Reduction Act information collection Notice of Proposed Rulemaking, FCC requirements, contact Nicole Ongele at AGENCY: Federal Communications 17–154, which stated that the (202) 418–2991 or nicole.ongele@ Commission. Commission would publish a document fcc.gov.

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22209

SUPPLEMENTARY INFORMATION: This Title: Accelerating Wireline under section 251(c)(5) of the Act, document announces that, on May 1, Broadband Deployment by Removing pertaining to network change 2018, OMB approved, for a period of Barriers to Infrastructure Investment, disclosures. Most of the changes to three years, the information collection GN Docket No. 17–84. those rules apply specifically to a requirements relating to the network Form Number: N/A. certain subset of network change change disclosure rules contained in the Respondents: Business or other for- disclosures, namely notices of planned Commission’s Accelerating Wireline profit entities. copper retirements. In addition, the Broadband Deployment by Removing Number of Respondents and changes removed a rule that prohibits Barriers to Infrastructure Investment Responses: 5,357 respondents; 573,928 incumbent LECs from engaging in useful Report and Order, Declaratory Ruling, responses. advanced coordination with entities and Further Notice of Proposed Estimated Time per Response: 0.5–4.5 affected by network changes. The Rulemaking, FCC 17–154, published at hours. changes are aimed at removing 82 FR 61453, December 28, 2017. Frequency of Response: On occasion unnecessary regulatory barriers to the The OMB Control Number is 3060– reporting requirements; recordkeeping; deployment of high-speed broadband 0741. The Commission publishes this third party disclosure requirements. networks. As a result of these changes, Obligation to Respond: Required to document as an announcement of the the total annual burden hours have been obtain or retain benefits. Statutory effective date of the rules. If you have reduced by 392 hours. authority is contained in 47 U.S.C. 222 any comments on the burden estimates The Commission estimates that the and 251. revision does not result in any listed below, or how the Commission Total Annual Burden: 575,448 hours. additional outlays of funds for hiring can improve the collections and reduce Total Annual Cost: No cost(s). any burdens caused thereby, please Privacy Act Impact Assessment: No outside contractors or procuring contact Nicole Ongele, Federal impact(s). equipment. Communications Commission, Room 1– Nature and Extent of Confidentiality: Federal Communications Commission. A620, 445 12th Street SW, Washington, The Commission is not requesting that Marlene Dortch, DC 20554. Please include the OMB the respondents submit confidential Secretary. Control Number, 3060–0741, in your information to the FCC. Respondents correspondence. The Commission will [FR Doc. 2018–09971 Filed 5–11–18; 8:45 am] may, however, request confidential BILLING CODE 6712–01–P also accept your comments via email at treatment for information they believe to [email protected]. be confidential under 47 CFR 0.459 of To request materials in accessible the Commission’s rules. FEDERAL COMMUNICATIONS formats for people with disabilities Needs and Uses: Section 251 of the COMMISSION (Braille, large print, electronic files, Communications Act of 1934, as audio format), send an email to fcc504@ amended, 47 U.S.C. 251, is designed to 47 CFR Part 73 fcc.gov or call the Consumer and accelerate private sector development Governmental Affairs Bureau at (202) [MB Docket No. 17–196; RM–11794; DA 18– and deployment of telecommunications 365] 418–0530 (voice), (202) 418–0432 technologies and services by spurring (TTY). competition. Section 222(e) is also Radio Broadcasting Services; Cora, Synopsis designed to spur competition by Wyoming prescribing requirements for the sharing As required by the Paperwork of subscriber list information. These AGENCY: Federal Communications Reduction Act of 1995 (44 U.S.C. 3507), information collection requirements are Commission. the FCC is notifying the public that it designed to help implement certain ACTION: Final rule. received final OMB approval on May 1, provisions of sections 222(e) and 251, SUMMARY: 2018, for the information collection and to eliminate operational barriers to At the request of Wind River requirements contained in the competition in the telecommunications Broadcasting, Inc., the Audio Division modifications to the Commission’s rules services market. Specifically, these amends the FM Table of Allotments by in 47 CFR part 51. Under 5 CFR part information collection requirements adding Channel 274C2 at Cora, 1320, an agency may not conduct or will be used to implement (1) local Wyoming. We find that the public sponsor a collection of information exchange carriers’ (‘‘LECs’’) obligations interest would be served by allotting a unless it displays a current, valid OMB to provide their competitors with first local service at Cora, Wyoming. A Control Number. dialing parity and non-discriminatory staff engineering analysis indicates that No person shall be subject to any access to certain services and Channel 274C2 can be added at Cora, penalty for failing to comply with a functionalities; (2) incumbent local Wyoming, as proposed, consistent with collection of information subject to the exchange carriers’ (‘‘ILECs’’) duty to the minimum distance separation Paperwork Reduction Act that does not make network information disclosures; requirements of the Commission’s rules display a current, valid OMB Control and (3) numbering administration. The without a site restriction. The reference Number. The OMB Control Number is Commission estimates that the total coordinates are 43–03–24 NL and 110– 3060–0741. annual burden of the entire collection, 08–07 WL. The foregoing notice is required by as revised, is 575,448 hours. This DATES: Effective May 28, 2018. the Paperwork Reduction Act of 1995, revision relates to a change in one of FOR FURTHER INFORMATION CONTACT: Public Law 104–13, October 1, 1995, many components of the currently Adrienne Y. Denysyk, Media Bureau, and 44 U.S.C. 3507. approved collection—specifically, (202) 418–2700. The total annual reporting burdens certain reporting, recordkeeping and/or SUPPLEMENTARY INFORMATION: This is a and costs for the respondents are as third party disclosure requirements synopsis of the Commission’s Report follows: under section 251(c)(5). In November and Order, MB Docket No. 17–196, OMB Control Number: 3060–0741. 2017, the Commission adopted new adopted March 2, 2018, and released OMB Approval Date: May 1, 2018. rules concerning certain information March 2, 2018. The full text of this OMB Expiration Date: May 31, 2021. collection requirements implemented Commission decision is available for

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22210 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

inspection and copying during normal DEPARTMENT OF COMMERCE On December 19, 2017, NMFS business hours in the FCC’s Reference published a notice of availability for Information Center at Portals II, CY– National Oceanic and Atmospheric Amendment 47 and requested public A257, 445 12th Street SW, Washington, Administration comment (82 FR 60168). On December DC 20554. The full text is also available 27, 2017, NMFS published a proposed online at http://apps.fcc.gov/ecfs/. This 50 CFR Part 622 rule for Amendment 47 and requested document does not contain information [Docket No. 170720688–8385–02] public comment (82 FR 61241). The collection requirements subject to the proposed rule and Amendment 47 RIN 0648–BH07 Paperwork Reduction Act of 1995, outline the rationale for the actions contained in this final rule. Unless Public Law 104–13. The Commission Fisheries of the Caribbean, Gulf of noted, all weights described in this final will send a copy of the Report and Mexico, and South Atlantic; Reef Fish rule are in round weight. A summary of Order in a report to be sent to Congress Fishery of the Gulf of Mexico; the management measure described in and the Government Accountability Vermilion Snapper Management Amendment 47 and implemented by Office pursuant to the Congressional Measures; Amendment 47 this final rule is provided below. Review Act, see 5 U.S.C. 801(a)(1)(A). In 2016, a Southeast Data, AGENCY: National Marine Fisheries Assessment, and Review (SEDAR) List of Subjects in 47 CFR Part 73 Service (NMFS), National Oceanic and standard assessment for vermilion Atmospheric Administration (NOAA), snapper was conducted (SEDAR 45) and Radio, Radio broadcasting. Commerce. the stock status was evaluated using Federal Communications Commission. ACTION: Final rule. several MSY proxies. Under all proxies Nazifa Sawez, evaluated in SEDAR 45, overfishing was SUMMARY: NMFS hereby issues Assistant Chief, Audio Division, Media regulations to implement management not occurring and the stock was not Bureau. measures described in Amendment 47 overfished. The Council’s Scientific and to the Fishery Management Plan for the Statistical Committee (SSC) determined For the reasons discussed in the that the most appropriate proxy for MSY preamble, the Federal Communications Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf is the yield when fishing at a mortality Commission amends 47 CFR part 73 as rate corresponding to 30 percent follows: of Mexico Fishery Management Council (Council) (Amendment 47). This final spawning potential ratio (F30% SPR). SEDAR 45 also included projections rule revises the stock annual catch limit PART 73—RADIO BROADCAST for the overfishing limit and the (ACL) for vermilion snapper. SERVICES acceptable biological catch (ABC). The Additionally, Amendment 47 SSC provided the Council two establishes a proxy for the estimate of ■ 1. The authority citation for part 73 recommendations for ABC: One that is the stock maximum sustainable yield continues to read as follows: derived from fishing at 75 percent of the (MSY). The purpose of this final rule is MSY proxy and results in a declining Authority: 47 U.S.C. 154, 303, 309, 310, to revise the stock ACL for vermilion ABC from 2017 through 2021, and one 334, 336, and 339. snapper in the Gulf of Mexico (Gulf) that is derived using the average of consistent with the most recent stock ■ 2. Section 73.202(b), the table is 2017–2021 ABCs and results in a assessment. amended under Wyoming, by adding constant ABC. The two ABC Cora, Channel 274C2, in alphabetical DATES: This final rule is effective June recommendations are equivalent in order to read as follows: 13, 2018. terms of maintaining the stock status ADDRESSES: Electronic copies of and the Council selected the constant § 73.202 Table of Allotments. Amendment 47, which includes an catch scenario that yielded an ABC of * * * * * environmental assessment, a fishery 3.11 million lb (1.41 million kg). (b) * * * impact statement, a Regulatory Management Measure Contained in Flexibility Act (RFA) analysis, and a This Final Rule Channel No. regulatory impact review, may be obtained from the Southeast Regional This final rule revises the stock ACL Office website at http:// for Gulf vermilion snapper consistent ***** sero.nmfs.noaa.gov/sustainable_ with the results of SEDAR 45 and the fisheries/gulf_fisheries/reef_fish/2017/ SSC’s new ABC recommendation. The Wyoming am47/docs/PDFs/gulf_reef_am47_ current ACL of 3.42 million lb (1.55 vermilion_final.pdf. million kg), exceeds the ABCs recommended by the Council’s SSC. FOR FURTHER INFORMATION CONTACT: ***** Therefore, the Council determined that Lauren Waters, Southeast Regional Cora ...... 274C2 the ACL for vermilion snapper should Office, NMFS, telephone: 727–824– be decreased to equal the constant catch 5305; email: [email protected]. ***** ABC and this final rule will set the stock SUPPLEMENTARY INFORMATION: NMFS and ACL at 3.11 million lb (1.41 million kg). [FR Doc. 2018–10181 Filed 5–11–18; 8:45 am] the Council manage the Gulf reef fish BILLING CODE 6712–01–P fishery, which includes vermilion Measures in Amendment 47 Not snapper, under the FMP. The Council Codified Through This Final Rule prepared the FMP and NMFS In addition to the measure implements the FMP through implemented through this final rule, regulations at 50 CFR part 622 under the Amendment 47 establishes a proxy for authority of the Magnuson Stevens vermilion snapper MSY. Fishery Conservation and Management For vermilion snapper, the Council’s Act (Magnuson-Stevens Act). SSC recommended that a proxy be used

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22211

for MSY. The Council’s SSC and recreational fishing seasons if the economic impact on a substantial recommended F30% SPR as the MSY combined commercial and recreational number of small entities. The factual proxy from SEDAR 45, and the Council landings reach or are projected to reach basis for that determination was agreed. Under this proxy, the stock is the stock ACL. From 2012 to 2016, published in the proposed rule. not overfished or undergoing annual vermilion snapper landings were One public comment (Comment 3) overfishing. less than the previous ACL of 3.42 stated that the charter vessel and head million lb (1.55 million kg), with no boat industry is very important to the Comments and Responses definitive trend in landings. Preliminary Panama City Beach area of Florida, and NMFS received 19 comments from total landings for 2017 are 3.22 million that the action of reducing the ACL individuals on the notice of availability lb (1.46 million kg). Therefore, if the could affect many small businesses and proposed rule for Amendment 47. stock ACL of 3.11 million lb (1.41 there. The RFA requires evaluating the Some comments addressed issues million kg), implemented in this final direct economic impacts of a rule on beyond the scope of Amendment 47 or rule had been effective in 2017, an in- small entities. Only recreational fishers the proposed rule and, therefore, are not season closure may have occurred in and commercial fishing businesses responded to here. Specific comments December 2017. However, as explained would be directly affected by the rule related to Amendment 47 and the in the response to Comment 1, the and as explained in the classification proposed rule are grouped by topic and reduction in the ACL is required as a summary, anglers (recreational fishers) are summarized and responded to result of the most recent stock are not considered small entities as that below. assessment results and ABC term is defined in 5 U.S.C. 601(6). Comment 1: Several commenters recommendation from the Council’s The determination that this rule stated that the vermilion snapper stock SSC regardless of the possibility of an would not have a significant adverse ACL should not be reduced. One noted in-season closure. economic impact on a substantial that the vermilion snapper stock is not Comment 3: Reducing the ACL could number of small entities relied, in part, overfished or undergoing overfishing negatively impact small businesses in on the expectation that landings of and another stated the ACL should not the charter vessel/headboat (for-hire) vermilion snapper would continue to be be reduced just because the annual industry. less than the stock ACL of 3.11 million vermilion snapper harvest has been less Response: NMFS acknowledges that lb (1.41 million kg), implemented than the current ACL. One commenter there is the potential for a vermilion through this final rule. After publication expressed concern that reducing the snapper closure prior to the end of the of the proposed rule, preliminary ACL would lead the stock to become fishing year as a result of the revised landings of the stock for 2017 were overfished. stock ACL, and that such a closure released, which exceed the proposed Response: NMFS disagrees that the could result in some negative impacts reduced ACL of 3.11 million lb (1.41 vermilion snapper stock ACL should not on for-hire businesses. However, based million kg). Consequently, an updated be reduced. Regardless of a stock’s on landings since 2012, NMFS expects analysis was performed to reassess the overfished or overfishing status, or its that any closure would occur very late economic impacts on small businesses. prior landings history, the Council is in the fishing year. Additionally, The updated analysis reaffirmed the required to set the ACL equal to or less vermilion snapper is only one species conclusion that the rule will not have a than the ABC recommended by the SSC. within the reef fishery management unit significant adverse economic impact on The current ACL of 3.42 million lb (1.55 and, therefore, any closure will not a substantial number of small entities. million kg) was established in 2012 impact the ability to harvest the other Its factual basis is as follows. using mean landings during 1999–2008, reef fish species targeted on for-hire Any business that operates a plus one standard deviation (76 FR trips. For these reasons, NMFS does not commercial fishing vessel that harvests 82044; December 29, 2011). In 2016, the expect this final rule to result in any vermilion snapper in the Gulf exclusive SEDAR 45 assessment for vermilion substantial effects on for-hire trips. economic zone (EEZ) must have a valid snapper was conducted. Based on the Federal Gulf commercial reef fish assessment results and the Classification permit that is specifically assigned to recommended MSY proxy, the SSC The Regional Administrator, that vessel. The permit is a limited provided two ABC recommendations: Southeast Region, NMFS has access permit. From 2012 through 2016, An ABC that declined from 3.21 million determined that this final rule is an annual average of 347 permitted lb (1.46 million kg) to 3.03 million lb consistent with Amendment 47, the vessels landed vermilion snapper. It is (1.37 million kg) by 2021, or a constant FMP, the Magnuson-Stevens Act, and estimated that those vessels are operated catch ABC of 3.11 million lb (1.41. other applicable law. by 248 to 252 businesses in the million kg). Setting the catch level This final rule has been determined to commercial fishing industry. consistent with either recommendation be not significant for purposes of Many businesses with vessels with a is expected to prevent overfishing and Executive Order 12866. Gulf reef fish permit operate in multiple prevent the stock from becoming The Magnuson-Stevens Act provides industries. For example, 10 percent of overfished. The Council chose to set the the statutory basis for this rule. No the businesses have Federal dealer ACL equal to the constant catch ABC to duplicative, overlapping, or conflicting permits indicating they are also in the maintain stability for fishery Federal rules have been identified. In fish/seafood merchant wholesalers participants while providing the addition, no new reporting, record- (NAICS 424460) industry. Also, maximum allowable harvest. keeping, or other compliance approximately 26 percent of the Comment 2: Reducing the stock ACL requirements are introduced by this businesses have at least one vessel with will result in an in-season closure for final rule. a for-hire Gulf reef fish permit, which vermilion snapper, or at least, increase The Chief Counsel for Regulation of indicates they also operate in the for- the likelihood of such a closure. the Department of Commerce certified hire fishing industry (NAICS 487210). Response: The revised stock ACL may to the Chief Counsel for Advocacy of the For RFA purposes, NMFS has increase the likelihood of a closure. The Small Business Administration during established a small business size current AM for vermilion snapper the proposed rule stage that this rule standard for businesses, including their requires NMFS to close the commercial would not have a significant adverse affiliates, whose primary industry is

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22212 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

commercial fishing. A business Since 2012, when this in-season closure a substantial number of small primarily involved in commercial provision was put in place, there have businesses and, hence, the prior fishing (NAICS 11411) is classified as a been no early closures because certification still stands. small business if it is independently combined annual commercial and List of Subjects in 50 CFR Part 622 owned and operated, is not dominant in recreational landings have been less its field of operation (including its than the stock ACL. However, 2012 and Commercial, Fisheries, Fishing, Gulf, affiliates), and its combined annual 2017 landings exceeded 3.11 million lb Recreational, Vermilion snapper. receipts are not in excess of $11 million (1.41 million kg). Dated: May 8, 2018. for all of its affiliated operations Although there is expected to be no Samuel D. Rauch III, worldwide. The average federally early closure, this analysis includes Deputy Assistant Administrator for permitted vessel that landed vermilion consideration for what could be the Regulatory Programs, National Marine snapper from 2012 through 2016 had impact on small businesses if the season Fisheries Service. annual dockside revenue from landings closed by the middle of December. A of all species that varied by gear from mid-December closure could reduce For the reasons set out in the $24,399 to $323.916 (2016 $). Based on vermilion snapper landings by up to 4.5 preamble, 50 CFR part 622 is amended those averages and the estimates of percent. The average vessel from 2012 as follows: individual fleet sizes that range from through 2016 would lose approximately PART 622—FISHERIES OF THE one to 16, it is concluded that most to 186 lb (84 kg), gutted weight, of CARIBBEAN, GULF OF MEXICO, AND all of the businesses that harvest vermilion snapper with a dockside SOUTH ATLANTIC vermilion snapper from the Gulf EEZ value of $588 (2016 $) annually. That are small businesses. $588 represents 0.4 percent of annual ■ 1. The authority citation for part 622 Amendment 47 will establish an MSY dockside revenue from all species continues to read as follows: proxy for vermilion snapper and that landed by that average vessel. When has no direct impact on any small evaluated by gear type, the average Authority: 16 U.S.C. 1801 et seq. business. annual loss of dockside revenue would ■ 2. In § 622.41, revise the last sentence This final rule will also decrease the vary from $6 to $861 per vessel (in 2016 of paragraph (j) to read as follows: stock ACL of vermilion snapper. The dollars), with the largest loss by the stock ACL is and has been 3.42 million average vessel that harvests vermilion § 622.41 Annual catch limits (ACLs), lb (1.55 million kg) since 2012. This snapper using bandit gear. The annual catch targets (ACTs), and accountability measures (AMs). final rule decreases the stock ACL to percentage annual loss would range 3.11 million lb (1.41 million kg). from 0.01 percent to 0.62 percent of * * * * * The fishing year for vermilion average annual dockside revenue per (j) * * * The stock ACL for vermilion snapper begins January 1 and ends on vessel, with the largest loss to vessels snapper is 3.11 million lb (1.41 million December 31 each year. If combined using bandit gear. kg), round weight. commercial and recreational landings From those percentages, it is * * * * * reach or are projected to reach the stock concluded that there would not be a [FR Doc. 2018–10157 Filed 5–11–18; 8:45 am] ACL, the fishing season is closed early. significant adverse economic impact on BILLING CODE 3510–22–P

VerDate Sep<11>2014 14:43 May 11, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\14MYR1.SGM 14MYR1 nshattuck on DSK9F9SC42PROD with RULES 22213

Proposed Rules Federal Register Vol. 83, No. 93

Monday, May 14, 2018

This section of the FEDERAL REGISTER period until April 19, 2017 (82 FR comments. The comments revealed that contains notices to the public of the proposed 11854). there is a split within the industry in issuance of rules and regulations. The terms of support for the proposed Preliminary Statement purpose of these notices is to give interested program. While some comments voiced persons an opportunity to participate in the The 1996 Act authorizes USDA to support for a collective industry rule making prior to the adoption of the final establish agricultural commodity rules. program, other comments stated that research and promotion orders which industry was not aligned in backing the may include a combination of proposal. Opponents raised concerns DEPARTMENT OF AGRICULTURE promotion, research, industry about the proposed program, including information, and consumer information how the de minimis level would Agricultural Marketing Service activities funded by mandatory eliminate a majority of organic farmers assessments. Section 10004 of the from the program; the disproportionate 7 CFR Part 1255 Agricultural Act of 2014 (2014 Farm impact on high value commodities as Bill) (Pub. L. 113–79) amended section assessments would be tied to sales [Doc. No. AMS–SC–16–0112; 501 of the Federal Agriculture value; whether organic promotion is PR–A1, PR–B] Improvement and Reform Act of 1996 (7 possible without being disparaging to U.S.C. 7401), which authorizes generic other agricultural commodities; voting Organic Research, Promotion, and commodity promotion programs under methodology; financial burden on small Information Order; Termination of the various commodity promotion laws, entities to comply; and cited the Rulemaking Proceeding to allow for an organic commodity challenges to tracing imported organic promotion order. AGENCY: Agricultural Marketing Service, products. Both those in support of, and On May 15, 2015, USDA received a those in opposition to the proposed USDA. proposal for a national research and program requested changes to the ACTION: Proposed rule; termination of promotion program for certified organic method of assessment for imports and a proceeding. products from OTA. OTA is a reduction in the paperwork burden on membership-based trade organization covered entities. Other outstanding SUMMARY: This action terminates a representing growers, processors, significant issues with the proposal are rulemaking proceeding that proposed to certifiers, farmers associations, the assessment of non-food products establish a national research and distributors, importers, exporters, and products ‘‘made with (specified promotion program for certified organic consultants, retailers, and others ingredients)’’. products under authority of the involved in the organic sector. Commodity Promotion, Research and OTA proposed a program that would Research and promotion programs are Information Act of 1996 (1996 Act). The be financed by an assessment on brought about by collective and united program was proposed by the proponent certified organic products and industry action. The comments received group, the Organic Trade Association administered by a board of industry on the proposed organic program (OTA). Based on uncertain industry members selected by the Secretary of disclosed divergent views within the support for and outstanding substantive Agriculture. The purpose of the program organic industry. Based on uncertain issues with the proposed program, would be to strengthen the position of industry support for and unresolved USDA is terminating the proceeding. certified organic products in the issues with the proposed program, DATES: This termination is made on May marketplace, support research to benefit USDA is terminating the proceeding. 15, 2018. the organic industry, and improve This action also terminates the rulemaking procedure on the proposed ADDRESSES: access to information and data across Promotion and Economics referendum procedures (82 FR 5438). Division, Specialty Crops Program, the organic sector. Termination of this rulemaking AMS, USDA, 1400 Independence A proposed rule consisting of OTA’s proceeding will remove ex parte Avenue SW, Room 1406–S, Stop 0244, proposal was published in the Federal communication prohibitions and allow Washington DC 20250–0244. Register on January 18, 2017 (82 FR 5746), which provided a 60-day USDA to engage fully with all interested FOR FURTHER INFORMATION CONTACT: comment period that ended on March parties to discuss and consider the Heather Pichelman, Division Director, 20, 2017. On February 27, 2017, a evolving needs of the industry going Promotion and Economics Division, document was published in the Federal forward. Based on the above, USDA is Specialty Crops Program, AMS, USDA, Register that extended the comment terminating this rulemaking proceeding. see ADDRESSES; Telephone: (202) 720– period until April 19, 2017 (82 FR Regulatory Flexibility Act and 9915, Fax: (202) 205–2800, or Email: 11854). The proposed rule included a Paperwork Reduction Act [email protected]. request for comments on substantive SUPPLEMENTARY INFORMATION: Prior aspects of the proposed program, As part of the proceeding conducted documents in this proceeding include: including the support for, and method for this rulemaking, the provisions of A proposed rule published in the of, assessing imports; the approach for the Regulatory Flexibility Act (5 U.S.C. Federal Register on January 18, 2017 calculating assessments including how 601–612) and the Paperwork Reduction (82 FR 5746), which provided a 60-day ‘‘dual-covered commodities’’ would be Act of 1955 (44 U.S.C. Chapter 35) were comment period that ended on March handled; and the de minimis exemption considered. Because this action 20, 2017. On February 27, 2017, a level. terminates the underlying rulemaking document was published in the Federal In response to the proposed rule, proceeding, the economic conditions of Register that extended the comment USDA received almost 15,000 small entities are not changed as a result

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22214 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

of this action, nor have any compliance standards that the Administrator significantly affect the certification of requirements changed. Also, this action considers necessary to establish a level the airplane and thus delivery of the does not provide for any new or of safety equivalent to that established airplane, we are shortening the public- changed reporting and recordkeeping by the existing airworthiness standards. comment period to 20 days. requirements. Accordingly, all DATES: Send your comments on or Comments Invited supporting forms for the proposed before June 4, 2018. We invite interested people to take program will be withdrawn. ADDRESSES: Send comments identified part in this rulemaking by sending by docket number FAA–2015–0310 Termination of Proceeding written comments, data, or views. The using any of the following methods: In view of the foregoing, it is hereby • Federal eRegulations Portal: Go to most helpful comments reference a determined that the rulemaking http://www.regulations.gov/ and follow specific portion of the special proceeding proposing to establish a the online instructions for sending your conditions, explain the reason for any national research and promotion comments electronically. recommended change, and include program for certified organic products • Mail: Send comments to Docket supporting data. should be and is hereby terminated. Operations, M–30, U.S. Department of We will consider all comments we receive by the closing date for List of Subjects in 7 CFR Part 1255 Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West comments. We may change these special Administrative practice and Building Ground Floor, Washington, DC conditions based on the comments we procedure, Advertising, Consumer 20590–0001. receive. information, Marketing agreements, • Hand Delivery or Courier: Take Background Organic, Promotion, Reporting and comments to Docket Operations in On June 30, 2013, Gulfstream recordkeeping requirements. Room W12–140 of the West Building Aerospace Corporation applied for a Authority: 7 U.S.C. 7411–7425; 7 U.S.C. Ground Floor at 1200 New Jersey type certificate for its new Model GVII– 7401. Avenue SE, Washington, DC, between 9 G500 series airplane. The Gulfstream a.m. and 5 p.m., Monday through Dated: May 8, 2018. Model GVII–G500 series airplane will be Bruce Summers, Friday, except Federal holidays. • Fax: Fax comments to Docket a business jet with seating for up to 19 Acting Administrator, Agricultural Marketing passengers. It will incorporate a low, Service. Operations at 202–493–2251. Privacy: The FAA will post all swept-wing design with a T-tail. The [FR Doc. 2018–10131 Filed 5–11–18; 8:45 am] comments it receives, without change, powerplant will consist of two aft- BILLING CODE 3410–02–P to http://www.regulations.gov/, fuselage-mounted turbofan engines. The including any personal information the Gulfstream Model GVII–G500 series commenter provides. Using the search airplane’s maximum takeoff weight will DEPARTMENT OF TRANSPORTATION function of the docket website, anyone be approximately 79,600 lbs. can find and read the electronic form of The high incidence protection system Federal Aviation Administration all comments received into any FAA prevents the airplane from stalling at docket, including the name of the low speeds and, therefore, a stall 14 CFR Part 25 individual sending the comment (or warning system is not needed during normal flight conditions. Docket No. FAA–2015–0310; Notice No. 25– signing the comment for an association, 18–02–SC] business, labor union, etc.). DOT’s Type Certification Basis complete Privacy Act Statement can be Under the provisions of title 14, Code Special Conditions: Gulfstream found in the Federal Register published Aerospace Corporation Model GVII– of Federal Regulations (14 CFR) 21.17, on April 11, 2000 (65 FR 19477–19478). Gulfstream Aerospace Corporation must G500 Series Airplanes; Flight Envelope Docket: Background documents or show that the Model GVII–G500 series Protection—High Incidence Protection comments received may be read at airplane meets the applicable provisions System. http://www.regulations.gov/ at any time. of 14 CFR part 25, as amended by Follow the online instructions for AGENCY: Federal Aviation amendments 25–1 through 25–137. Administration (FAA), DOT. accessing the docket or go to Docket If the Administrator finds that the Operations in Room W12–140 of the ACTION: applicable airworthiness regulations Notice of proposed special West Building Ground Floor at 1200 conditions. (i.e., 14 CFR part 25) do not contain New Jersey Avenue SE, Washington, adequate or appropriate safety standards SUMMARY: This action proposes special DC, between 9 a.m. and 5 p.m., Monday for the Gulfstream Model GVII–G500 conditions for the Gulfstream Aerospace through Friday, except Federal holidays. series airplane because of a novel or Corporation (Gulfstream) Model GVII– FOR FURTHER INFORMATION CONTACT: Joe unusual design feature, special G500 series airplanes. These airplanes Jacobsen, Airframe & Flight Crew conditions are prescribed under the will have a novel or unusual design Interface Section, AIR–671, Transport provisions of § 21.16. feature when compared to the state of Standards Branch, Policy and Special conditions are initially technology and design envisioned in the Innovation Division, Aircraft applicable to the model for which they airworthiness standards for transport Certification Service, Federal Aviation are issued. Should the type certificate category airplanes. This design feature Administration, 2200 SE 216th Street, for that model be amended later to is a high incidence protection system Des Moines, Washington 98098; include any other model that that limits the angle of attack at which telephone and facsimile 206–231–3158; incorporates the same novel or unusual the airplane can be flown during normal email [email protected]. design feature, these special conditions low speed operation. The applicable SUPPLEMENTARY INFORMATION: would also apply to the other model airworthiness regulations do not contain Certification of the Gulfstream Model under § 21.101. adequate or appropriate safety standards GVII–G500 series airplanes is currently In addition to the applicable for this design feature. These special scheduled for July 2018. Because a airworthiness regulations and special conditions contain the additional safety delay in design approval would conditions, the Gulfstream Model GVII–

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22215

G500 series airplanes must comply with previously issued on this topic. In Part 1. Definitions the fuel vent and exhaust emission 1, sections 3.b.iv., 3.b.vi., 3.e.vi., 5.a.i.1., These special conditions use requirements of 14 CFR part 34, and the 5.a.i.4., 5.a.i.6., 5.a.i.7., 5.c.i.4., 5.c.i.5., terminology that does not appear in 14 noise certification requirements of 14 5.c.i.6, 5.c.ii.4., and 5.cii.5., previously CFR part 25. For the purpose of these CFR part 36. used verbiage was updated to reflect special conditions, the following terms The FAA issues special conditions, as language recommended in the ARAC describe certain aspects of this novel or defined in 14 CFR 11.19, in accordance Flight Test Harmonization Working unusual design feature: with § 11.38, and they become part of Group (FTHWG) Phase 2 report. This the type certification basis under language more accurately describes the High-Incidence Protection System § 21.17(a)(2). actions required and formulas to be A system that operates directly and Novel or Unusual Design Features used to obtain the required result. In automatically on the airplane’s flight Part 1, sections 3.b.ii and 5.a.ii.4., the controls to limit the maximum angle of The Gulfstream Model GVII–G500 ARAC FTHWG language was adapted to attack that can be attained to a value series airplane will incorporate the reflect specific Gulfstream design below that at which an aerodynamic following novel or unusual design features. stall would occur. feature: A high incidence protection In several previous special conditions system, which limits the angle of attack on this subject, we used the Alpha-Limit at which the airplane can be flown nomenclature VCLMAX. To avoid The maximum angle of attack at during normal low speed operation, confusion with previous Gulfstream which an airplane stabilizes with the prohibits the airplane from stalling, and special conditions, we have changed the high incidence protection system cannot be overridden by the flightcrew. nomenclature to VCLMAX Demo to operating and the longitudinal control The application of this angle of attack highlight a difference. The difference is held on its aft stop. limit influences the stall speed not significant, but the change in VMIN determination, stall characteristics, stall nomenclature was considered clarifying warning demonstration, and and therefore was adopted in this The minimum steady flight speed in longitudinal handling characteristics of instance. the airplane’s configuration under the airplane. Existing airworthiness consideration with the high incidence regulations do not contain adequate Applicability protection system operating. See Part I, standards to address this feature. As discussed above, these special Section 3, ‘‘Minimum Steady Flight Discussion conditions are applicable to the Speed and Reference Stall Speed,’’ of Gulfstream Model GVII–G500 series these special conditions. The high incidence protection system airplanes. Should Gulfstream Aerospace VMIN1g prevents the airplane from stalling at Corporation apply at a later date for a low speeds and, therefore, a stall change to the type certificate to include VMIN corrected to 1g acceleration of warning system is not needed during another model incorporating the same gravity conditions. See Part I, Section 3, normal flight conditions. However, novel or unusual design feature, these ‘‘Minimum Steady Flight Speed and during failures, which are not shown to special conditions would apply to that Reference Stall Speed,’’ of these special be extremely improbable, the model as well. conditions. This is the minimum requirements of §§ 25.203 and 25.207 calibrated airspeed at which the apply, although slightly modified by Conclusion airplane can develop a lift force normal these conditions. If there are failures of This action affects only certain novel to the flight path and equal to its weight the high incidence protection system or unusual design features on when at an angle of attack not greater that are not shown to be extremely Gulfstream Model GVII–G500 series of than that determined for VMIN. improbable, the flight characteristics at airplanes. It is not a rule of general 2. Capability and Reliability of the High the angle of attack for CLMAX must be applicability. suitable in the traditional sense, and Incidence Protection System stall warning must be provided in a List of Subjects in 14 CFR Part 25 The applicant must establish the conventional manner. Aircraft, Aviation safety, Reporting, capability and reliability of the high Part I of the following special and recordkeeping requirements. incidence protection system. The conditions is in lieu of §§ 25.21(b), The authority citation for these applicant may establish this capability 25.103, 25.145(a), 25.145(b)(6), 25.175(c) special conditions is as follows: and reliability by flight testing, and (d), 25.201, 25.203, 25.207, and Authority: 49 U.S.C. 106(f), 106(g), 40113, simulation, or analysis as appropriate. 25.1323(d). Part II is in lieu of 44701, 44702, 44704. The capability and reliability required §§ 25.21(g)(1), 25.105(a)(2)(i), 25.107(c) are: and (g), 25.121(b)(2)(ii)(A), The Proposed Special Conditions a. It must not be possible to encounter 25.121(c)(2)(ii)(A), 25.121(d)(2)(ii), Accordingly, the Federal Aviation a stall during the pilot-induced 25.123(b)(2)(i), 25.125(b)(2)(ii)(B), and Administration (FAA) proposes the maneuvers required by Part I, section 25.143(j). following special conditions as part of 5(a), ‘‘High Incidence Handling These proposed special conditions the type certification basis for Demonstrations,’’ and the handling address this novel or unusual design Gulfstream Model GVII–G500 series characteristics must be acceptable as feature on the Gulfstream Model GVII– airplanes. required by Part I, section 5(b), G500 airplane, and contain the ‘‘Characteristics in High Incidence additional safety standards that the Part I: Stall Protection and Scheduled Maneuvers’’ of these special conditions; Administrator considers necessary to Operating Speeds b. The airplane must be protected establish a level of safety equivalent to In the following sections, ‘‘in icing against stalling due to the effects of that established by the existing conditions,’’ means with ice accretions wind shears and gusts at low speeds as airworthiness standards. (relative to the relevant flight phase) as required by Section 6, ‘‘Atmospheric These proposed special conditions are defined in appendix C to part 25, at Disturbances’’ of these special different from special conditions amendment 25–121. conditions;

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22216 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

c. The ability of the high incidence satisfying any part of sections 2(a), (b), protection system to accommodate any and (c) of Part I of these special reduction in stalling incidence must be conditions: The design must provide verified in icing conditions; is first a maximum during the stall warning that protects against d. The high incidence protection maneuver prescribed in encountering unacceptable system must be provided in each section 3(e)(viii) characteristics and against encountering of this abnormal configuration of the high lift special condition. stall. devices that is likely to be used in flight n = Load factor normal to the flight path i. This stall warning, with the flaps ZW and landing gear in any normal following system failures; and at VCLMAX Demo e. The reliability of the system and the W = Airplane gross weight; position, must be clear and distinctive effects of failures must be acceptable in S = Aerodynamic reference wing area; and to the pilot, and must meet the accordance with § 25.1309. q = Dynamic pressure. requirements specified in sections e. V is determined in non- 4(b)(iv) and 4(b)(v) of Part I of these 3. Minimum Steady Flight Speed and CLMAX Demo icing conditions with: special conditions. Reference Stall Speed i. Engines idling, or, if that resultant ii. The design must also provide this In lieu of § 25.103, ‘‘Stall speed,’’ the thrust causes an appreciable decrease in stall warning in each abnormal following applies: stall speed, not more than zero thrust at configuration of the high lift devices a. The minimum steady flight speed, the stall speed; that is likely to be used in flight VMIN, is the final, stabilized, calibrated ii. The airplane in other respects following system failures. airspeed obtained when an airplane is (such as flaps and landing gear) in the iii. The design may furnish this stall decelerated until the longitudinal condition existing in the test or warning either through the inherent control is on its stop in such a way that performance standard in which VSR is aerodynamic qualities of the airplane or the entry rate does not exceed 1 knot per being used; by a device that will provide clearly second. iii. The weight used when VSR is distinguishable indications to the b. The minimum steady flight speed, being used as a factor to determine flightcrew under all expected conditions of flight. However, a visual stall warning VMIN, must be determined in icing and compliance with a required non-icing conditions with: performance standard; device that requires the attention of the i. The high incidence protection iv. The CG position that results in the flightcrew within the flight deck is not system operating normally; highest value of the reference stall acceptable by itself. If a warning device ii. Idle thrust; speed; is used, it must provide a warning in v. The airplane trimmed for straight each of the airplane configurations iii. All combinations of flap settings flight at a speed selected by the prescribed in section 4(b)(i), above, and and landing gear positions for which applicant, but not less than 1.13 VSR and for the conditions prescribed in sections VMIN is required to be determined; not greater than 1.3 VSR; 4(b)(iv) and 4(b)(v) of Part I of these iv. The weight used when the vi. At the option of the applicant, the special conditions. reference stall speed, VSR, is used as a high incidence protection system can be iv. In non-icing conditions, the stall factor to determine compliance with a disabled or adjusted to allow full warning must provide sufficient margin required performance standard; development of the maneuver to the to prevent encountering unacceptable v. The most unfavorable center of angle of attack corresponding to VSR; characteristics and encountering stall in gravity (CG) allowable; and and the following conditions: vi. The airplane trimmed for straight vii. Starting from the stabilized trim 1. In power-off straight deceleration flight at a speed selected by the condition, with an application of the not exceeding 1 knot per second to a applicant, but not less than 1.13 VSR and longitudinal control to decelerate the speed of 5 knots or 5 percent calibrated not greater than 1.3 VSR. airplane so that the speed reduction airspeed (CAS), whichever is greater, c. The 1g minimum steady flight does not exceed 1 knot per second. below the warning onset; and speed, VMIN1g, is the minimum 2. In turning flight, stall deceleration calibrated airspeed at which an airplane 4. Stall Warning at entry rates up to 3 knots per second can develop a lift force (normal to the In lieu of § 25.207, the following when recovery is initiated not less than flight path) equal to its weight, while at apply: 1 second after the warning onset. an angle of attack not greater than that v. In icing conditions, the stall at which the minimum steady flight a. Normal Operation warning must provide sufficient margin speed referenced in section 3(a) of this If the design meets all conditions of to prevent encountering unacceptable special condition is determined. These Part I, section 2 of these special characteristics and encountering stall in minimum calibrated airspeeds must be conditions, then the airplane need not power-off straight and turning flight determined for both icing and non-icing provide stall warning during normal decelerations not exceeding 1 knot per conditions. operation. The conditions of Part I, second, when the pilot starts a recovery d. The reference stall speed, VSR, is a section 2 provide a level of safety equal maneuver not less than three seconds calibrated airspeed defined by the to the intent of § 25.207, ‘‘Stall after the onset of stall warning. applicant. VSR may not be less than a 1g warning,’’ so the provision of an vi. An airplane is considered stalled stall speed. VSR must be determined in additional, unique warning device for when the behavior of the airplane gives non-icing conditions and expressed as: normal operations is not required. the pilot a clear, distinctive, and acceptable indication that the airplane b. High Incidence Protection System is stalled. Acceptable indications of a Failure stall, occurring either individually or in For any failures of the high incidence combination, are: Where: protection system that the applicant 1. A nose-down pitch that cannot be

VCLMAX Demo = Demonstrated calibrated cannot show to be extremely readily arrested; airspeed obtained when the corrected lift improbable, and that result in the 2. Buffeting of a magnitude and coefficient of the load factor capability of the system no longer severity that is strong and thereby an

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS EP14MY18.000 EP14MY18.001 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22217

effective deterrent to further speed a. In non-icing conditions, the period of time appropriate to the reduction; or requirements must also be met with maneuver. 3. The pitch control reaches the aft increased rates of entry to the incidence iii. It must always be possible for stop, and no further increase in pitch limit, up to the maximum rate flightcrew to reduce incidence by attitude occurs when the control is held achievable. conventional use of the controls. full aft for a short time before recovery b. In icing conditions, with the anti- iv. The rate at which the airplane can is initiated. ice system working normally, the be maneuvered from trim speeds, vii. An airplane exhibits unacceptable requirements must also be met with associated with scheduled operating characteristics during straight or turning increased rates of entry to the incidence speeds such as V2 and VREF up to Alpha flight decelerations if it is not always limit, up to three knots per second. limit, must not be unduly damped or be possible to produce and to correct roll 4. Maneuvers with ice accretion prior significantly slower than can be and yaw by unreversed use of aileron to normal operation of the ice protection achieved on conventionally controlled and rudder controls, or abnormal nose- system: transport airplanes. up pitching occurs. For flight in icing conditions before the ice protection system has been c. Characteristics Up to the Maximum 5. Handling Characteristics at High activated and is performing its intended Lift Angle of Attack Incidence function, the handling demonstration In addition to the requirements in a. High Incidence Handling requirements identified in section 5(a)(i) section 5(b) of this special condition, Demonstrations must be satisfied using the procedures the following requirements apply: specified in sections 5(a)(ii)(1) and i. In non-icing conditions, maneuvers In lieu of § 25.201, ‘‘Stall 5(a)(ii)(2) of these special conditions. with a rate of deceleration of not more demonstration,’’ the following is The airplane configurations required to than 1 knot per second, up to the angle required: be tested must be in accordance with of attack corresponding to VSR obtained i. Maneuvers to the limit of the the limitations and procedures for using sections 3(d) and (e) of this longitudinal control, in the nose-up operating the ice protection system special condition, must be demonstrated sense, must be demonstrated in straight provided in the AFM, per § 25.21(g)(1), in straight flight and in 30-degree flight and in 30-degree banked turns as modified by and Part II of these banked turns in the following with: special conditions. configurations: 1. The high incidence protection 1. The high incidence protection system operating normally; b. Characteristics in High Incidence system deactivated or adjusted, at the 2. Initial power conditions of: Maneuvers option of the applicant, to allow higher a. Power off; and In lieu of § 25.203, ‘‘Stall incidence than is possible with the b. Power necessary to maintain level characteristics,’’ the following apply: normal production system; flight at 1.5 VSR1, where VSR1 is the i. Throughout maneuvers with a rate 2. Automatic-thrust-increase system reference stall speed with flaps in of deceleration of not more than 1 knot inhibited (if applicable); approach position, landing gear per second, both in straight flight and in 3. Engines idling; retracted, and maximum landing 30-degree banked turns, the airplane’s 4. Flaps, landing gear, and weight; characteristics must be as follows: deceleration devices in any likely 3. None; 1. There must not be any abnormal combination of positions not prohibited 4. Flaps, landing gear, and nose-up pitching; by the AFM; deceleration devices in any likely 2. There must not be any 5. The most adverse CG for recovery; combination of positions not prohibited uncommanded nose-down pitching, and by the airplane flight manual (AFM); which would be indicative of stall. 6. The airplane trimmed for straight 5. Representative weights within the However, reasonable attitude changes flight at the speed prescribed in section range for which certification is associated with stabilizing the incidence 3(e)(v) of this special condition. requested; at Alpha limit, as the longitudinal ii. In icing conditions, maneuvers 6. The most adverse CG for recovery; control reaches the stop would be with a rate of deceleration of not more and acceptable; than 1 knot per second up to the 7. The airplane trimmed for straight 3. There must not be any maximum angle of attack reached flight at the speed prescribed in section uncommanded lateral or directional during maneuvers from section 3(e)(v) of these special conditions. motion, and the pilot must retain good 5(a)(ii)(3)(b) must be demonstrated in ii. The following procedures must be lateral and directional control by straight flight with: used to show compliance in non-icing conventional use of the controls 1. The high incidence protection and icing conditions: throughout the maneuver; and system deactivated or adjusted, at the 1. Starting at a speed sufficiently 4. The airplane must not exhibit option of the applicant, to allow higher above the minimum steady flight speed buffeting of a magnitude and severity incidence than is possible with the to ensure that a steady rate of speed that would act as a deterrent from normal production system; reduction can be established, apply the completing the maneuver specified in 2. Automatic-thrust-increase system longitudinal control so that the speed section 5(a)(i) of these special inhibited (if applicable); reduction does not exceed 1 knot per conditions. 3. Engines idling; second until the control reaches the ii. In maneuvers with increased rates 4. Flaps, landing gear, and stop. of deceleration, some degradation of deceleration devices in any likely 2. The longitudinal control must be characteristics is acceptable, associated combination of positions not prohibited maintained at the stop until the airplane with a transient excursion beyond the by the AFM; has reached a stabilized flight condition, stabilized Alpha limit. However, the 5. The most adverse CG for recovery; and must then be recovered by normal airplane must not exhibit dangerous and recovery techniques. characteristics or characteristics that 6. The airplane trimmed for straight 3. Maneuvers with increased would deter the pilot from holding the flight at the speed prescribed in section deceleration rates: longitudinal control on the stop for a 3(e)(v) of this special condition.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22218 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

iii. During the maneuvers used to applicant and provided in the Airplane landing gear is fully retracted, and in show compliance with sections 5(c)(i) Flight Manual. the configuration used in § 25.111, but and 5(c)(ii) of Part I of these special 2. In lieu of § 25.103, ‘‘Stall speed,’’ without ground effect, conditions, the airplane must not define the stall speed as provided in *** exhibit dangerous characteristics and it Special Conditions Part I, section 3, 2. The requirements of subparagraph must always be possible for flightcrew ‘‘Minimum Steady Flight Speed and (b)(1) of this section must be met: to reduce angle of attack by Reference Stall Speed.’’ *** conventional use of the controls. The 3. In lieu of § 25.105(a)(2)(i) to read as (ii) In icing conditions with the pilot must retain good lateral and follows: ‘‘Takeoff Ice’’ accretion defined in directional control, by conventional use (2) In icing conditions, if in the appendix C of part 25, if in the of the controls, throughout the configuration of § 25.121(b) with the configuration of § 25.121(b) with the maneuver. ‘‘Takeoff Ice’’ accretion defined in ‘‘Takeoff Ice’’ accretion: appendix C to part 25: (A) The V2 speed scheduled in non- 6. Atmospheric Disturbances (i) the V2 speed scheduled in non- icing conditions does not provide the Operation of the high incidence icing conditions does not provide the maneuvering capability specified in protection system must not adversely maneuvering capability specified in § 25.143(h) for the takeoff configuration; affect airplane control during expected § 25.143(h) for the takeoff configuration, or levels of atmospheric disturbances, nor or (c) Final takeoff. In the en route impede the application of recovery 4. In lieu of § 25.107(c) and (g), the configuration at the end of the takeoff procedures in case of wind shear. This following apply, with additional path determined in accordance with must be demonstrated in non-icing and sections (c’) and (g’): § 25.111: icing conditions. (c) In non-icing conditions, V , in *** 2 2. The requirements of subparagraph 7. None terms of calibrated airspeed, must be selected by the applicant to provide at (c)(1) of this section must be met: 8. Proof of Compliance *** least the gradient of climb required by (ii) In icing conditions with the ‘‘Final Add the following requirement to that § 25.121(b) but may not be less than— Takeoff Ice’’ accretion defined in 1. V ; of § 25.21: 2MIN appendix C of part 25, if: (b) The flying qualities will be 2. VR plus the speed increment (A) The VFTO speed scheduled in non- evaluated at the most unfavorable CG attained (in accordance with icing conditions does not provide the position. § 25.111(c)(2)) before reaching a height maneuvering capability specified in of 35 feet above the takeoff surface; and § 25.143(h) for the en route 9. The Design Must Meet the Following 3. A speed that provides the Modified Requirements configuration; or maneuvering capability specified in (d) Approach. In a configuration 14 CFR § 25.143(h). corresponding to the normal all-engines section Change (c’) In icing conditions with the operating procedure in which V for ‘‘Takeoff Ice’’ accretion defined in SR 25.145(a) ...... ‘‘VMIN’’ in lieu of ‘‘stall identifica- this configuration does not exceed 110 appendix C to part 25, V2 may not be tion’’. percent of the VSR for the related all- 25.145(b)(6) ...... ‘‘V ’’ in lieu of ‘‘V ’’. less than— MIN SW engines-operating landing configuration: 25.175(c) and ‘‘VMIN’’ in lieu of ‘‘VSW’’. 1. The V2 speed determined in non- (d). icing conditions. * * * * * 25.1323(d) ...... ‘‘From 1.23 V to V ’’ in lieu SR MIN 2. A speed that provides the 2. The requirements of sub-paragraph of ‘‘From 1.23 VSR to the (d)(1) of this section must be met: speed at which stall warning maneuvering capability specified in begins;’’ and ‘‘speeds below § 25.143(h). * * * * * V ’’ in lieu of ‘‘speeds below MIN (g) In non-icing conditions, VFTO, in (ii) In icing conditions with the stall warning speed.’’ terms of calibrated airspeed, must be ‘‘Approach Ice’’ accretion defined in selected by the applicant to provide at appendix C to part 25, in a configuration Part II: Credit for Robust Envelope least the gradient of climb required by corresponding to the normal all-engines- Protection in Icing Conditions § 25.121(c), but may not be less than— operating procedure in which VMIN1g for 1. In lieu of § 25.21(g)(1), the 1. 1.18 VSR; and this configuration does not exceed following applies: 2. A speed that provides the 110% of the VMIN1g for the related all (g) The requirements of this subpart maneuvering capability specified in engines-operating landing configuration associated with icing conditions apply § 25.143(h). in icing, with a climb speed established only if certification for flight in icing (g’) In icing conditions with the with normal landing procedures, but not conditions is desired. If certification for ‘‘Final Takeoff Ice’’ accretion defined in more than 1.4 VSR (VSR determined in flight in icing conditions is desired, the appendix C to part 25, VFTO may not be non-icing conditions). following requirements also apply (see less than— 6. In lieu of § 25.123 (b)(2)(i), the AC 25–25): 1. The VFTO speed determined in non- following applies: (1) Each requirement of this subpart, icing conditions. § 25.123 En route flight paths: except §§ 25.121(a), 25.123(c), 2. A speed that provides the (b) The one-engine-inoperative net 25.143(b)(1) and (b)(2), 25.149, maneuvering capability specified in flight path data must represent the 25.201(c)(2), 25.207(c) and (d), and § 25.143(h). actual climb performance diminished by 25.251(b) through (e), must be met in 5. In lieu of §§ 25.121(b)(2)(ii)(A), a gradient of climb of 1.1 percent for icing conditions. Compliance must be 25.121(c)(2)(ii)(A), and 25.121(d)(2)(ii), two-engine airplanes, 1.4 percent for shown using the ice accretions defined the following apply: three-engine airplanes, and 1.6 percent in appendix C to part 25, assuming § 25.121 Climb: One-engine for four-engine airplanes. normal operation of the airplane and its inoperative: * * * * * ice protection system in accordance (b) Takeoff; landing gear retracted. In 2. In icing conditions with the ‘‘En with the operating limitations and the takeoff configuration existing at the route Ice’’ accretion defined in appendix operating procedures established by the point of the flight path at which the C to part 25 if:

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22219

(i) The minimum en route speed DEPARTMENT OF TRANSPORTATION this material at the FAA, call 206–231– scheduled in non-icing conditions does 3195. not provide the maneuvering capability Federal Aviation Administration Examining the AD Docket specified in § 25.143(h) for the en route configuration, or 14 CFR Part 39 You may examine the AD docket on the internet at http:// 7. In lieu of § 25.125(b)(2)(ii)(B) and [Docket No. FAA–2018–0364; Product § 25.125(b)(2)(ii)(C), the following Identifier 2017–NM–154–AD] www.regulations.gov by searching for applies: and locating Docket No. FAA–2018– RIN 2120–AA64 0364; or in person at the Docket § 25.125 Landing. Management Facility between 9 a.m. Airworthiness Directives; Airbus (b) In determining the distance in (a): and 5 p.m., Monday through Friday, Airplanes * * * * * except Federal holidays. The AD docket contains this NPRM, the regulatory 2. A stabilized approach, with a AGENCY: Federal Aviation evaluation, any comments received, and calibrated airspeed of not less than Administration (FAA), DOT. other information. The street address for V , must be maintained down to the ACTION: Notice of proposed rulemaking REF the Docket Operations office (telephone 50-foot height. (NPRM). 800–647–5527) is in the ADDRESSES * * * * * SUMMARY: We propose to adopt a new section. Comments will be available in (ii) In icing conditions, VREF may not airworthiness directive (AD) for all the AD docket shortly after receipt. be less than: Airbus Model A300 and A310 series FOR FURTHER INFORMATION CONTACT: Dan (A) The speed determined in sub- airplanes; Model A300 B4–600, B4– Rodina, Aerospace Engineer, paragraph (b)(2)(i) of this section; 600R, and F4–600R series airplanes, and International Section, Transport Model A300 C4–605R Variant F (B) A speed that provides the Standards Branch, FAA, 2200 South airplanes (collectively called Model maneuvering capability specified in 216th St., Des Moines, WA 98198; A300–600 series airplanes). This § 25.143(h) with the ‘‘Landing Ice’’ telephone and fax 206–231–3225. proposed AD was prompted by a accretion defined in appendix C to part SUPPLEMENTARY INFORMATION: determination that new or more 25. restrictive maintenance requirements Comments Invited 8. In lieu of § 25.143(j), the following and airworthiness limitations are We invite you to send any written applies: necessary. This proposed AD would relevant data, views, or arguments about § 25.143 General. require revising the maintenance or this proposal. Send your comments to (j) For flight in icing conditions— inspection program, as applicable, to an address listed under the ADDRESSES before the ice protection system has incorporate new or more restrictive section. Include ‘‘Docket No. FAA– been activated and is performing its maintenance requirements and 2018–0364; Product Identifier 2017– intended function—the following airworthiness limitations. We are NM–154–AD’’ at the beginning of your requirements apply: proposing this AD to address the unsafe comments. We specifically invite condition on these products. comments on the overall regulatory, (1) If activating the ice protection DATES: We must receive comments on economic, environmental, and energy system depends on the pilot seeing a this proposed AD by June 28, 2018. aspects of this NPRM. We will consider specified ice accretion on a reference all comments received by the closing surface (not just the first indication of ADDRESSES: You may send comments, date and may amend this NPRM based icing), the requirements of § 25.143 using the procedures found in 14 CFR on those comments. apply with the ice accretion defined in 11.43 and 11.45, by any of the following We will post all comments we part II(e) of appendix C to part 25. methods: • Federal eRulemaking Portal: Go to receive, without change, to http:// (2) For other means of activating the http://www.regulations.gov. Follow the www.regulations.gov, including any ice protection system, it must be instructions for submitting comments. personal information you provide. We demonstrated in flight with the ice • Fax: 202–493–2251. will also post a report summarizing each accretion defined in part II(e) of • Mail: U.S. Department of substantive verbal contact we receive appendix C to part 25 that: Transportation, Docket Operations, M– about this NPRM. (i) The airplane is controllable in a 30, West Building Ground Floor, Room Discussion pull-up maneuver up to 1.5 g load factor W12–140, 1200 New Jersey Avenue SE, or lower if limited by AOA protection; Washington, DC 20590. The European Aviation Safety Agency and • Hand Delivery: Deliver to Mail (EASA), which is the Technical Agent for the Member States of the European (ii) There is no reversal of pitch address above between 9 a.m. and 5 Union, has issued EASA Airworthiness control force during a pushover p.m., Monday through Friday, except Directive 2017–0204, dated October 12, maneuver down to 0.5 g load factor. Federal holidays. For service information identified in 2017 (referred to after this as the 9. In lieu of § 25.207, ‘‘Stall warning,’’ this NPRM, contact Airbus SAS, Mandatory Continuing Airworthiness to read as the requirements defined in Airworthiness Office—EAW, 1 Rond Information, or ‘‘the MCAI’’), to correct Part I of these special conditions. Point Maurice Bellonte, 31707 Blagnac an unsafe condition for all Airbus Issued in Renton, Washington, on May 8, Cedex, France; telephone +33 5 61 93 36 Model A300 and A310 series airplanes, 2018. 96; fax +33 5 61 93 44 51; email and Model A300 B4–600, B4–600R, and Victor Wicklund, [email protected]; F4–600R series airplanes, and Model Manager, Transport Standards Branch, Policy internet http://www.airbus.com. You A300 C4–605R Variant F airplanes and Innovation Division, Aircraft may view this service information at the (collectively called Model A300–600 Certification Service. FAA, Transport Standards Branch, 2200 series airplanes). The MCAI states: [FR Doc. 2018–10168 Filed 5–11–18; 8:45 am] South 216th Street, Des Moines, WA. The airworthiness limitations for the BILLING CODE 4910–13–P For information on the availability of Airbus A300, A310, A300–600 and A300–

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22220 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

600ST family aeroplanes, which are procedures for revising the maintenance must request approval for an alternative approved by EASA, are currently defined and or inspection program to incorporate method of compliance according to published in the Airbus A300, A310 and new or more restrictive maintenance paragraph (j)(1) of this proposed AD. A300–600 Airworthiness Limitations Section requirements and airworthiness The request should include a (ALS) documents. The Safe Life Airworthiness Limitation Items are specified limitations. These documents are description of changes to the required in the A300, A310 and A300–600 (including distinct since they apply to different actions that will ensure the continued the A300–600ST) ALS Part 1 documents. airplane models. damage tolerance of the affected These instructions have been identified as • For Model A300 series airplanes: structure. mandatory for continuing airworthiness. Section 4, ‘‘Life Limits (LL)/ Failure to accomplish these instructions Demonstrated Fatigue Lives (DF),’’ of Costs of Compliance could result in an unsafe condition. Part 1, ‘‘Safe Life Airworthiness We estimate that this proposed AD EASA previously issued AD 2013–0248 Limitation Items (SL–ALI),’’ Revision affects 132 airplanes of U.S. registry. [which corresponds to FAA AD 2015–22–05, 02, dated August 28, 2017, of the Airbus We estimate the following costs to Amendment 39–18310 (80 FR 69846, Model A300 Airworthiness Limitations November 12, 2015) (‘‘AD 2015–22–05’’)] to comply with this proposed AD: Section (ALS). We have determined that revising the require the implementation of the • For Model A300 B4–600, B4–600R, instructions and airworthiness limitations as maintenance or inspection program specified in Airbus A300, A310 and A300– and F4–600R series airplanes, and takes an average of 90 work-hours per 600 ALS Part 1 documents at Revision 01. Model A300 C4–605R Variant F operator, although we recognize that Since that [EASA] AD was issued, airplanes (collectively called Model this number may vary from operator to improvement of safe life component selection A300–600 series airplanes): Section 4, operator. In the past, we have estimated and life extension campaigns resulted in life ‘‘Life Limits (LL)/Demonstrated Fatigue that this action takes 1 work-hour per limitations changes, among others new or Lives (DF),’’ of Part 1, ‘‘Safe Life airplane. Since operators incorporate more restrictive life limitations, approved by Airworthiness Limitation Items (SL– maintenance or inspection program EASA. Consequently, Airbus published ALI),’’ Revision 02, dated August 28, changes for their affected fleet(s), we Revision 02 of the A300, A310 and A300–600 2017, of the Airbus Model A300–600 ALS Part 1, compiling all ALS Part 1, have determined that a per-operator Airworthiness Limitations Section compiling all ALS Part 1 changes approved estimate is more accurate than a per- (ALS). since previous Revision 01. airplane estimate. Therefore, we • For Model A310 series airplanes: For the reason described above, this estimate the total cost per operator to be Section 4, ‘‘Life Limits (LL)/ [EASA] AD retains the requirements of EASA $7,650 (90 work-hours × $85 per work- Demonstrated Fatigue Lives (DF),’’ of AD 2013–0248, which is superseded, and hour). requires accomplishment of the actions Part 1, ‘‘Safe Life Airworthiness specified in A300 ALS Part 1 Revision 02, Limitation Items (SL–ALI),’’ Revision Authority for This Rulemaking A310 ALS Part 1 Revision 02 and A300–600 02, dated August 28, 2017, of the Airbus Title 49 of the United States Code ALS Part 1 Revision 02. Model A310 Airworthiness Limitations specifies the FAA’s authority to issue This NPRM would require revising Section (ALS). rules on aviation safety. Subtitle I, the maintenance or inspection program This service information is reasonably section 106, describes the authority of to incorporate certain maintenance available because the interested parties the FAA Administrator. ‘‘Subtitle VII: requirements and airworthiness have access to it through their normal Aviation Programs,’’ describes in more limitations. The unsafe condition is course of business or by the means detail the scope of the Agency’s fatigue damage in principal structural identified in the ADDRESSES section. authority. elements, which could result in reduced FAA’s Determination and Requirements We are issuing this rulemaking under structural integrity of the airplane. You of This Proposed AD may examine the MCAI in the AD the authority described in ‘‘Subtitle VII, docket on the internet at http:// This product has been approved by Part A, Subpart III, Section 44701: www.regulations.gov by searching for the aviation authority of another General requirements.’’ Under that and locating Docket No. FAA–2018– country, and is approved for operation section, Congress charges the FAA with 0364. in the United States. Pursuant to our promoting safe flight of civil aircraft in bilateral agreement with the State of air commerce by prescribing regulations Relationship Between Proposed AD and Design Authority, we have been notified for practices, methods, and procedures AD 2015–22–05 of the unsafe condition described in the the Administrator finds necessary for This NPRM would not supersede AD MCAI and service information safety in air commerce. This regulation 2015–22–05. Rather, we have referenced above. We are proposing this is within the scope of that authority determined that a stand-alone AD AD because we evaluated all pertinent because it addresses an unsafe condition would be more appropriate to address information and determined an unsafe that is likely to exist or develop on the changes in the MCAI. This NPRM condition exists and is likely to exist or products identified in this rulemaking would require revising the maintenance develop on other products of these same action. or inspection program, as applicable, to type designs. This proposed AD is issued in incorporate maintenance requirements This proposed AD requires revisions accordance with authority delegated by and/or airworthiness limitations that are to certain operator maintenance the Executive Director, Aircraft newer or more restrictive than those documents to include new actions (e.g., Certification Service, as authorized by required by AD 2015–22–05. inspections). Compliance with these FAA Order 8000.51C. In accordance Accomplishment of the proposed actions is required by 14 CFR 91.403(c). with that order, issuance of ADs is actions would then terminate all For airplanes that have been previously normally a function of the Compliance requirements of AD 2015–22–05. modified, altered, or repaired in the and Airworthiness Division, but during areas addressed by this proposed AD, this transition period, the Executive Related Service Information Under 1 the operator may not be able to Director has delegated the authority to CFR Part 51 accomplish the actions described in the issue ADs applicable to transport Airbus has issued the following revisions. In this situation, to comply category airplanes to the Director of the service information, which describes with 14 CFR 91.403(c), the operator System Oversight Division.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22221

Regulatory Findings –204, –221,–222, –304, –322, –324, and –325 (j) Other FAA AD Provisions airplanes; certificated in any category, all The following provisions also apply to this We determined that this proposed AD manufacturer serial numbers. would not have federalism implications AD: under Executive Order 13132. This (d) Subject (1) Alternative Methods of Compliance proposed AD would not have a Air Transport Association (ATA) of (AMOCs): The Manager, International substantial direct effect on the States, on America Code 05, Time limits/maintenance Section, Transport Standards Branch, FAA, the relationship between the national checks. has the authority to approve AMOCs for this Government and the States, or on the (e) Reason AD, if requested using the procedures found distribution of power and in 14 CFR 39.19. In accordance with 14 CFR This AD was prompted by a determination 39.19, send your request to your principal responsibilities among the various that new or more restrictive maintenance inspector or local Flight Standards District levels of government. requirements and airworthiness limitations Office, as appropriate. If sending information For the reasons discussed above, I are necessary. We are issuing this AD to directly to the International Section, send it certify this proposed regulation: prevent fatigue damage in principal to the attention of the person identified in 1. Is not a ‘‘significant regulatory structural elements, which could result in reduced structural integrity of the airplane. paragraph (k)(2) of this AD. Information may action’’ under Executive Order 12866; be emailed to: 9-ANM-116-AMOC- (f) Compliance 2. Is not a ‘‘significant rule’’ under the [email protected]. Before using any DOT Regulatory Policies and Procedures Comply with this AD within the approved AMOC, notify your appropriate (44 FR 11034, February 26, 1979); compliance times specified, unless already principal inspector, or lacking a principal done. 3. Will not affect intrastate aviation in inspector, the manager of the local flight Alaska; and (g) Maintenance or Inspection Program standards district office/certificate holding 4. Will not have a significant Revision district office. economic impact, positive or negative, Within 90 days after the effective date of (2) Contacting the Manufacturer: For any on a substantial number of small entities this AD: Revise the maintenance or requirement in this AD to obtain corrective under the criteria of the Regulatory inspection program, as applicable, to actions from a manufacturer, the action must Flexibility Act. incorporate the applicable information be accomplished using a method approved specified in paragraph (g)(1), (g)(2), or (g)(3) by the Manager, International Section, List of Subjects in 14 CFR Part 39 of this AD, as applicable. The initial Transport Standards Branch, FAA; or the compliance times for accomplishing the tasks European Aviation Safety Agency (EASA); or Air transportation, Aircraft, Aviation is at the applicable times specified in the safety, Incorporation by reference, applicable information specified in Airbus’s EASA Design Organization Safety. paragraph (g)(1), (g)(2), or (g)(3) of this AD, Approval (DOA). If approved by the DOA, the approval must include the DOA- The Proposed Amendment or within 90 days after the effective date of this AD, whichever occurs later. authorized signature. Accordingly, under the authority (1) For Model A300 series airplanes: (k) Related Information delegated to me by the Administrator, Section 4, ‘‘Life Limits (LL)/Demonstrated the FAA proposes to amend 14 CFR part Fatigue Lives (DF),’’ of Part 1, ‘‘Safe Life (1) Refer to Mandatory Continuing 39 as follows: Airworthiness Limitation Items (SL–ALI),’’ Airworthiness Information (MCAI) EASA Revision 02, dated August 28, 2017, of the Airworthiness Directive 2017–0204, dated PART 39—AIRWORTHINESS Airbus A300 Airworthiness Limitations October 12, 2017, for related information. DIRECTIVES Section (ALS). This MCAI may be found in the AD docket (2) For Model A300 B4–600, B4–600R, and on the internet at http://www.regulations.gov F4–600R series airplanes, and Model A300 ■ by searching for and locating Docket No. 1. The authority citation for part 39 C4–605R Variant F airplanes (collectively continues to read as follows: called Model A300–600 series airplanes): FAA–2018–0364. Authority: 49 U.S.C. 106(g), 40113, 44701. Section 4, ‘‘Life Limits (LL)/Demonstrated (2) For more information about this AD, Fatigue Lives (DF),’’ of Part 1, ‘‘Safe Life contact Dan Rodina, Aerospace Engineer, § 39.13 [Amended] Airworthiness Limitation Items (SL–ALI),’’ International Section, Transport Standards ■ 2. The FAA amends § 39.13 by adding Revision 02, dated August 28, 2017, of the Branch, FAA, 2200 South 216th St., Des the following new airworthiness Airbus A300–600 Airworthiness Limitations Moines, WA 98198; telephone and fax 206– directive (AD): Section (ALS). 231–3225. (3) For Model A310 series airplanes: (3) For service information identified in Airbus: Docket No. FAA–2018–0364; Product Section 4, ‘‘Life Limits (LL)/Demonstrated this AD, contact Airbus SAS, Airworthiness Identifier 2017–NM–154–AD. Fatigue Lives (DF),’’ of Part 1, ‘‘Safe Life Office—EAW, 1 Rond Point Maurice Airworthiness Limitation Items (SL–ALI),’’ (a) Comments Due Date Bellonte, 31707 Blagnac Cedex, France; Revision 02, dated August 28, 2017, of the telephone +33 5 61 93 36 96; fax +33 5 61 We must receive comments by June 28, Airbus A310 Airworthiness Limitations 2018. Section (ALS). 93 44 51; email account.airworth-eas@ airbus.com; internet http://www.airbus.com. (b) Affected ADs (h) No Alternative Actions or Intervals You may view this service information at the This AD affects AD 2015–22–05, After accomplishment of the revision FAA, Transport Standards Branch, 2200 Amendment 39–18310 (80 FR 69846, required by paragraph (g) of this AD, no South 216th St., Des Moines, WA. For November 12, 2015) (‘‘AD 2015–22–05’’). alternative actions (e.g., inspections) or information on the availability of this intervals may be used unless the actions or (c) Applicability material at the FAA, call 206–231–3195. intervals are approved as an alternative This AD applies to Airbus Model A300 B2– method of compliance (AMOC) in Issued in Des Moines, Washington, on 1A, B2–1C, B2K–3C, B2–203, B4–2C, B4–103, accordance with the procedures specified in April 27, 2018. and B4–203 airplanes; Model A300 B4–601, paragraph (j)(1) of this AD. Michael Kaszycki, B4–603, B4–620, and B4–622 airplanes; Acting Director, System Oversight Division, Model A300 B4–605R and B4–622R (i) Terminating Action Aircraft Certification Service. airplanes; Model A300 F4–605R and F4– Accomplishing the actions required by 622R airplanes; Model A300 C4–605R paragraph (g) of this AD terminates all [FR Doc. 2018–09980 Filed 5–11–18; 8:45 am] Variant F airplanes; and Model A310–203, requirements of AD 2015–22–05. BILLING CODE 4910–13–P

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22222 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

DEPARTMENT OF TRANSPORTATION Examining the AD Docket Airbus A310 and A300–600 Airworthiness Limitations Section (ALS) documents. You may examine the AD docket on Federal Aviation Administration Certification Maintenance Requirements the internet at http:// (CMR) for the Airbus A310 and A300–600, www.regulations.gov by searching for 14 CFR Part 39 which are approved by EASA, are specified and locating Docket No. FAA–2018– in the Airbus A310 and A300–600 (including [Docket No. FAA–2018–0365; Product 0365; or in person at the Docket A300–600ST) ALS Part 3 documents. These Identifier 2017–NM–155–AD] Management Facility between 9 a.m. instructions have been identified as and 5 p.m., Monday through Friday, mandatory for continuing airworthiness. RIN 2120–AA64 Failure to accomplish these instructions except Federal holidays. The AD docket could result in an unsafe condition. Airworthiness Directives; Airbus contains this NPRM, the regulatory EASA previously issued [EASA] AD 2013– Airplanes evaluation, any comments received, and 0072 [which corresponds to FAA AD 2015– other information. The street address for 08–06, Amendment 39–18142 (80 FR 23230, AGENCY: Federal Aviation the Docket Operations office (telephone April 27, 2015) (‘‘AD 2015–08–06’’)] to Administration (FAA), DOT. 800–647–5527) is in the ADDRESSES require the implementation of the ACTION: Notice of proposed rulemaking section. Comments will be available in maintenance requirements and associated (NPRM). the AD docket shortly after receipt. airworthiness limitations as specified in Airbus A310 and A300–600 ALS Part 3 FOR FURTHER INFORMATION CONTACT: Dan SUMMARY: We propose to adopt a new documents at original issue. airworthiness directive (AD) for all Rodina, Aerospace Engineer, Since that [EASA] AD was issued, new or Airbus Model A300 B4–600, B4–600R, International Section, Transport more restrictive maintenance requirements Standards Branch, FAA, 2200 South and airworthiness limitations were approved and F4–600R series airplanes, and by EASA. Consequently, Airbus published Model A300 C4–605R Variant F 216th St., Des Moines, WA 98198; telephone and fax 206–231–3225. Revision 01 of the A310 ALS Part 3 and airplanes (collectively called Model A300–600 ALS Part 3, compiling all ALS Part A300–600 series airplanes), and Model SUPPLEMENTARY INFORMATION: 3 changes approved since original issue. A310 series airplanes. This proposed Comments Invited For the reason described above, this AD was prompted by a determination [EASA] AD retains the requirements of EASA that more restrictive maintenance We invite you to send any written AD 2013–0072, which is superseded, and relevant data, views, or arguments about requires accomplishment of the actions requirements and airworthiness specified in A310 ALS Part 3 Revision 01 and limitations are necessary. This proposed this proposal. Send your comments to ADDRESSES A300–600 ALS Part 3 Revision 01. AD would require revising the an address listed under the maintenance or inspection program, as section. Include ‘‘Docket No. FAA– This NPRM would require revising applicable, to incorporate new or more 2018–0365; Product Identifier 2017– the maintenance or inspection program restrictive maintenance requirements NM–155–AD’’ at the beginning of your to incorporate certain maintenance and airworthiness limitations. We are comments. We specifically invite requirements and airworthiness proposing this AD to address the unsafe comments on the overall regulatory, limitations. We are issuing this AD to condition on these products. economic, environmental, and energy prevent safety-significant latent failures aspects of this NPRM. We will consider that would, in combination with one or DATES: We must receive comments on all comments received by the closing more other specific failures or events, this proposed AD by June 28, 2018. date and may amend this NPRM based result in a hazardous or catastrophic ADDRESSES: You may send comments, on those comments. failure condition of avionics, hydraulic using the procedures found in 14 CFR We will post all comments we systems, fire detection systems, fuel 11.43 and 11.45, by any of the following receive, without change, to http:// systems, or other critical systems. You methods: www.regulations.gov, including any may examine the MCAI in the AD • Federal eRulemaking Portal: Go to personal information you provide. We docket on the internet at http:// http://www.regulations.gov. Follow the will also post a report summarizing each www.regulations.gov by searching for instructions for submitting comments. substantive verbal contact we receive and locating Docket No. FAA–2018– • Fax: 202–493–2251. about this NPRM. 0365. • Mail: U.S. Department of Transportation, Docket Operations, M– Discussion Relationship Between Proposed AD and 30, West Building Ground Floor, Room The European Aviation Safety Agency AD 2015–08–06 W12–140, 1200 New Jersey Avenue SE, (EASA), which is the Technical Agent This NPRM would not supersede AD Washington, DC 20590. for the Member States of the European 2015–08–06. Rather, we have • Hand Delivery: Deliver to Mail Union, has issued EASA Airworthiness determined that a stand-alone AD address above between 9 a.m. and 5 Directive 2017–0203, dated October 12, would be more appropriate to address p.m., Monday through Friday, except 2017 (referred to after this as the the changes in the MCAI. This NPRM Federal holidays. Mandatory Continuing Airworthiness would require revising the maintenance For service information identified in Information, or ‘‘the MCAI’’), to correct or inspection program, as applicable, to this NPRM, contact Airbus SAS, an unsafe condition for all Airbus incorporate new or more restrictive Airworthiness Office—EAW, 1 Rond Model A300 B4–600, B4–600R, and F4– maintenance requirements and Point Maurice Bellonte, 31707 Blagnac 600R series airplanes, and Model A300 airworthiness limitations. Cedex, France; telephone +33 5 61 93 36 C4–605R Variant F airplanes Accomplishment of the proposed 96; fax +33 5 61 93 44 51; email (collectively called Model A300–600 actions would then terminate all [email protected]; series airplanes), and Model A310 series requirements of AD 2015–08–06. internet http://www.airbus.com. You airplanes. The MCAI states: may view this service information at the Related Service Information Under 1 Maintenance requirements and CFR Part 51 FAA, Transport Standards Branch, 2200 airworthiness limitations for the Airbus South 216th St., Des Moines, WA. For A310, A300–600 and A300–600ST family Airbus has issued A300–600 information on the availability of this aeroplanes, which are approved by EASA, Airworthiness Limitations Section material at the FAA, call 206–231–3195. are currently defined and published in the (ALS) Part 3, Certification Maintenance

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22223

Requirements (CMR), Revision 01, dated that a per-operator estimate is more List of Subjects in 14 CFR Part 39 August 28, 2017, and A310 accurate than a per-airplane estimate. Air transportation, Aircraft, Aviation Airworthiness Limitations Section Therefore, we estimate the total cost per safety, Incorporation by reference, × (ALS) Part 3, Certification Maintenance operator to be $7,650 (90 work-hours Safety. Requirements (CMR), Revision 01, dated $85 per work-hour). August 28, 2017. This service The Proposed Amendment Authority for This Rulemaking information describes mandatory Accordingly, under the authority maintenance tasks that operators must Title 49 of the United States Code delegated to me by the Administrator, perform at specified intervals. These specifies the FAA’s authority to issue the FAA proposes to amend 14 CFR part documents are distinct since they apply rules on aviation safety. Subtitle I, 39 as follows: to different airplane models. This section 106, describes the authority of service information is reasonably the FAA Administrator. ‘‘Subtitle VII: PART 39—AIRWORTHINESS available because the interested parties Aviation Programs,’’ describes in more DIRECTIVES have access to it through their normal detail the scope of the Agency’s course of business or by the means authority. ■ 1. The authority citation for part 39 identified in the ADDRESSES section. We are issuing this rulemaking under continues to read as follows: the authority described in ‘‘Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. FAA’s Determination and Requirements Part A, Subpart III, Section 44701: of This Proposed AD General requirements.’’ Under that § 39.13 [Amended] This product has been approved by section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by adding the aviation authority of another promoting safe flight of civil aircraft in the following new airworthiness country, and is approved for operation air commerce by prescribing regulations directive (AD): in the United States. Pursuant to our for practices, methods, and procedures Airbus: Docket No. FAA–2018–0365; Product bilateral agreement with the State of the Administrator finds necessary for Identifier 2017–NM–155–AD. Design Authority, we have been notified safety in air commerce. This regulation of the unsafe condition described in the is within the scope of that authority (a) Comments Due Date MCAI and service information because it addresses an unsafe condition We must receive comments by June 28, referenced above. We are proposing this that is likely to exist or develop on 2018. AD because we evaluated all pertinent products identified in this rulemaking (b) Affected ADs information and determined an unsafe action. This AD affects AD 2015–08–06, condition exists and is likely to exist or This proposed AD is issued in Amendment 39–18142 (80 FR 23230, April develop on other products of these same accordance with authority delegated by 27, 2015) (‘‘AD 2015–08–06’’). type designs. the Executive Director, Aircraft (c) Applicability This proposed AD requires revisions Certification Service, as authorized by to certain operator maintenance FAA Order 8000.51C. In accordance This AD applies to all Airbus Model A300 documents to include new actions (e.g., with that order, issuance of ADs is B4–601, B4–603, B4–620, B4–622; Model A300 B4–605R and B4–622R airplanes; inspections). Compliance with these normally a function of the Compliance actions is required by 14 CFR 91.403(c). Model A300 F4–605R and F4–622R and Airworthiness Division, but during airplanes; Model A300 C4–605R Variant F For airplanes that have been previously this transition period, the Executive airplanes; and Model A310–203, –204, –221, modified, altered, or repaired in the Director has delegated the authority to –222, –304, –322, –324, and –325 airplanes; areas addressed by this proposed AD, issue ADs applicable to transport certificated in any category. the operator may not be able to category airplanes to the Director of the (d) Subject accomplish the actions described in the System Oversight Division. revisions. In this situation, to comply Air Transport Association (ATA) of with 14 CFR 91.403(c), the operator Regulatory Findings America Code 05, Time Limits/Maintenance must request approval for an alternative We determined that this proposed AD Checks. method of compliance according to would not have federalism implications (e) Reason paragraph (j)(1) of this proposed AD. under Executive Order 13132. This This AD was prompted by a determination The request should include a proposed AD would not have a that more restrictive maintenance description of changes to the required substantial direct effect on the States, on requirements and airworthiness limitations actions that will ensure the continued the relationship between the national are necessary. We are issuing this AD to damage tolerance of the affected Government and the States, or on the prevent safety-significant latent failures that structure. distribution of power and would, in combination with one or more responsibilities among the various other specific failures or events, result in a Costs of Compliance hazardous or catastrophic failure condition of levels of government. We estimate that this proposed AD avionics, hydraulic systems, fire detection For the reasons discussed above, I systems, fuel systems, or other critical affects 127 airplanes of U.S. registry. certify this proposed regulation: systems. We estimate the following costs to 1. Is not a ‘‘significant regulatory comply with this proposed AD: action’’ under Executive Order 12866; (f) Compliance We have determined that revising the 2. Is not a ‘‘significant rule’’ under the Comply with this AD within the maintenance or inspection program DOT Regulatory Policies and Procedures compliance times specified, unless already takes an average of 90 work-hours per (44 FR 11034, February 26, 1979); done. operator, although this figure may vary 3. Will not affect intrastate aviation in (g) Maintenance or Inspection Program from operator to operator. In the past, Alaska; and Revision we have estimated that this action takes 4. Will not have a significant Within 90 days after the effective date of 1 work-hour per airplane. Since economic impact, positive or negative, this AD, revise the maintenance or inspection operators incorporate maintenance or on a substantial number of small entities program, as applicable, to incorporate Airbus inspection program changes for their under the criteria of the Regulatory A300–600 Airworthiness Limitations Section affected fleet(s), we have determined Flexibility Act. (ALS) Part 3, Certification Maintenance

VerDate Sep<11>2014 17:41 May 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22224 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

Requirements (CMR), Revision 01, dated (2) For more information about this AD, containing nonsteroidal anti- August 28, 2017; or Airbus A310 contact Dan Rodina, Aerospace Engineer, inflammatory active ingredients. International Section, Transport Standards Airworthiness Limitations Section (ALS) Part DATES: As of May 14, 2018, FDA Branch, FAA, 2200 South 216th St., Des 3, Certification Maintenance Requirements withdraws the proposed additions to (CMR), Revision 01, dated August 28, 2017; Moines, WA 98198; telephone and fax 206– as applicable. The initial compliance time for 231–3225. §§ 343.3 and 343.10, and proposed accomplishing the actions is at the applicable (3) For service information identified in revisions to §§ 343.20 and 343.50 time specified in Airbus A300–600 this AD, contact Airbus SAS, Airworthiness published on August 21, 2002 (67 FR Airworthiness Limitations Section (ALS) Part Office—EAW, 1 Rond Point Maurice 54139). 3, Certification Maintenance Requirements Bellonte, 31707 Blagnac Cedex, France; ADDRESSES: For access to the docket to (CMR), Revision 01, dated August 28, 2017; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ read background documents or or Airbus A310 Airworthiness Limitations comments received, go to https:// Section (ALS) Part 3, Certification airbus.com; internet http://www.airbus.com. Maintenance Requirements (CMR), Revision You may view this service information at the www.regulations.gov and insert the 01, dated August 28, 2017; as applicable; or FAA, Transport Standards Branch, 2200 docket number found in brackets in the within 90 days after the effective date of this South 216th St., Des Moines, WA. For heading of this document into the AD; whichever occurs later. information on the availability of this ‘‘Search’’ box and follow the prompts, material at the FAA, call 206–231–3195. and/or go to the Dockets Management (h) No Alternative Actions or Intervals Issued in Des Moines, Washington, on Staff, 5630 Fishers Lane, Rm. 1061, After accomplishment of the revision April 27, 2018. Rockville, MD 20852. required by paragraph (g) of this AD, no FOR FURTHER INFORMATION CONTACT: alternative actions (e.g., inspections) or Michael Kaszycki, intervals, may be used unless the actions or Acting Director, System Oversight Division, Kevin Lorick, Center for Drug intervals are approved as an alternative Aircraft Certification Service. Evaluation and Research, Food and method of compliance (AMOC) in [FR Doc. 2018–09981 Filed 5–11–18; 8:45 am] Drug Administration, 10903 New accordance with the procedures specified in BILLING CODE 4910–13–P Hampshire Ave., Bldg. 22, Rm. 5413, paragraph (j)(1) of this AD. Silver Spring, MD 20993–0002, 301– 796–6696, [email protected]. (i) Terminating Action SUPPLEMENTARY INFORMATION: Accomplishing the actions required by DEPARTMENT OF HEALTH AND paragraph (g) of this AD terminates all HUMAN SERVICES I. Background requirements of AD 2015–08–06. In the Federal Register of November (j) Other FAA AD Provisions Food and Drug Administration 16, 1988 (53 FR 46204), FDA published The following provisions also apply to this a proposed rule in the form of a TFM AD: 21 CFR Parts 201 and 343 that proposed conditions under which (1) Alternative Methods of Compliance OTC IAAA drug products would be (AMOCs): The Manager, International [Docket No. FDA–1977–N–0025] generally recognized as safe and Section, Transport Standards Branch, FAA, Partial Withdrawal of Proposed effective and not misbranded. On has the authority to approve AMOCs for this August 21, 2002 (67 FR 54139), FDA AD, if requested using the procedures found Amendment to the Tentative Final in 14 CFR 39.19. In accordance with 14 CFR Monograph for Internal Analgesic, published a proposed rule that would 39.19, send your request to your principal Antipyretic, and Antirheumatic Drug have amended that TFM to include inspector or local Flight Standards District Products for Over-the-Counter Use ibuprofen as a proposed GRASE Office, as appropriate. If sending information analgesic/antipyretic active ingredient directly to the International Section, send it AGENCY: Food and Drug Administration, for OTC use. The 2002 proposed rule, if to the attention of the person identified in HHS. finalized, would have allowed paragraph (k)(2) of this AD. Information may ACTION: Notification of partial manufacturers to market ibuprofen drug be emailed to: 9-ANM-116-AMOC- withdrawal. products for OTC use without [email protected]. Before using any submission of a new drug application approved AMOC, notify your appropriate SUMMARY: The Food and Drug principal inspector, or lacking a principal (NDA), if all conditions of the inspector, the manager of the local flight Administration (FDA or the Agency) is monograph and other requirements standards district office/certificate holding announcing a partial withdrawal of a were satisfied. At that time, ibuprofen district office. proposed rule published in the Federal drug products were marketed OTC (2) Contacting the Manufacturer: For any Register of August 21, 2002 (2002 under NDAs or abbreviated new drug requirement in this AD to obtain corrective proposed rule). The proposed rule, if applications (ANDAs) approved by actions from a manufacturer, the action must finalized, would have amended FDA’s FDA. This is still the case today—all be accomplished using a method approved tentative final monograph (TFM) for ibuprofen drug products in the OTC by the Manager, International Section, over-the-counter (OTC) internal marketplace are covered by NDAs or Transport Standards Branch, FAA; or the analgesic, antipyretic, and European Aviation Safety Agency (EASA); or ANDAs. FDA is not aware of any Airbus’s EASA Design Organization antirheumatic (IAAA) drug products to ibuprofen drug products marketed Approval (DOA). If approved by the DOA, include ibuprofen as a generally under the TFM. the approval must include the DOA- recognized as safe and effective In the same 2002 proposed rule, the authorized signature. (GRASE) analgesic/antipyretic active Agency proposed to update FDA ingredient for OTC use. FDA is regulations in 21 CFR part 201 to (k) Related Information withdrawing this proposed rule due to include consistent pregnancy and (1) Refer to Mandatory Continuing changes in our understanding of allergy warnings for OTC IAAA drug Airworthiness Information (MCAI) EASA ibuprofen since FDA issued the products containing nonsteroidal anti- Airworthiness Directive 2017–0203, dated October 12, 2017, for related information. proposed rule. FDA is not withdrawing inflammatory active ingredients. This This MCAI may be found in the AD docket those portions of the 2002 proposed rule proposal, if finalized, would update on the internet at http://www.regulations.gov to amend its regulations to include pregnancy, allergy, and asthma by searching for and locating Docket No. consistent pregnancy and allergy statements required in the labeling of FAA–2018–0365. warnings for OTC IAAA drug products certain IAAA products. FDA is not

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22225

withdrawing that part of the proposed 343. Our withdrawal of the 2002 eRulemaking Portal at http:// rule. proposed amendment to the IAAA TFM www.regulations.gov. See the ‘‘Public On September 20, 2002, FDA held a has no effect on the continued approval Participation and Request for meeting of the Nonprescription Drugs and marketing of the NDA and ANDA Comments’’ portion of the Advisory Committee to discuss safety OTC ibuprofen drug products. As noted SUPPLEMENTARY INFORMATION section for issues related to the use of aspirin and above, FDA has addressed the safety further instructions on submitting other OTC nonsteroidal anti- issues associated with ibuprofen comments. inflammatory drugs (NSAIDs), including through the NDA and ANDA safety FOR FURTHER INFORMATION CONTACT: If 1 ibuprofen. Safety issues discussed framework, which is different from the you have questions about this proposed included stomach bleeding. As a result safety framework for drugs marketed rulemaking, call or email Lieutenant of this meeting and subsequent FDA under the OTC monograph framework. Commander Benjamin Morgan, Sector review of the data and additional FDA is not withdrawing those New Orleans Waterways Management comments submitted to the public portions of the 2002 proposed rule to Division, U.S. Coast Guard; telephone docket (see Docket No. FDA–1977–N– amend its regulations to include 504–365–2231, email 0025), all OTC ibuprofen products consistent pregnancy and allergy [email protected]. marketed under NDAs and ANDAs bear warnings for OTC IAAA drug products SUPPLEMENTARY INFORMATION: warnings about gastrointestinal containing nonsteroidal anti- bleeding. Warnings state that the risk of inflammatory active ingredients. I. Table of Abbreviations bleeding is higher in persons who are II. Partial Withdrawal of the Proposed age 60 or older, have stomach ulcers or CFR Code of Federal Regulations Rule bleeding problems, take a blood COTP Captain of the Port Sector New thinning (anticoagulant) or steroid drug, For the reasons described in this Orleans take other drugs containing prescription document, FDA is withdrawing portions DHS Department of Homeland Security of the 2002 proposed rule, which would FR Federal Register or nonprescription nonsteroidal anti- MM Mile marker inflammatory drugs (NSAIDs), have have amended the OTC IAAA TFM. NPRM Notice of proposed rulemaking three or more alcoholic drinks every Dated: May 8, 2018. § Section day, or who take more or for a longer Leslie Kux, U.S.C. United States Code time than directed. These requirements Associate Commissioner for Policy. are codified under 21 CFR 201.326(a)(2). II. Background, Purpose, and Legal On February 10 and 11, 2014, FDA [FR Doc. 2018–10194 Filed 5–11–18; 8:45 am] Basis BILLING CODE 4164–01–P held a joint meeting of the Arthritis On April 9, 2018, AFX Pro, LLC, Advisory Committee and the Drug notified the Coast Guard that it would Safety and Risk Management Advisory be conducting a fireworks display from Committee to discuss cardiovascular DEPARTMENT OF HOMELAND SECURITY 9 p.m. through 10 p.m. on August 25, safety issues related to the use of 2018, for the National Guard NSAIDS, including ibuprofen.2 Safety Coast Guard Association of the United States Annual issues included increased risk of heart Conference. The fireworks will be attack and stroke that may be worsened 33 CFR Part 165 launched from a barge in the with using too much NSAID or using Mississippi River at approximate mile NSAIDs for longer than recommended. [Docket Number USCG–2018–0348] marker (MM) 96.2 above Head of Passes, Thus, FDA sent letters on August 18, RIN 1625–AA00 New Orleans, LA. Hazards from 2016, to all manufacturers of ibuprofen firework displays include accidental requesting supplements to their Safety Zone; Lower Mississippi River, discharge of fireworks, dangerous applications to update labels with this New Orleans, LA projectiles, and falling hot embers or new safety information. All OTC other debris. The Captain of the Port AGENCY: Coast Guard, DHS. ibuprofen products now include label Sector New Orleans (COTP) has warnings against increased risk of heart ACTION: Notice of proposed rulemaking. determined that potential hazards attack and stroke with the use of associated with the fireworks to be used SUMMARY: The Coast Guard proposes to NSAIDs other than aspirin. in this display would be a safety establish a temporary safety zone for To help ensure the continued utility concern for anyone within a one-mile certain navigable waters of the Lower of the consumer labeling as it relates to stretch of the river. Mississippi River. This action is the safety of nonprescription ibuprofen The purpose of this rulemaking is to necessary to provide for the safety of life drug products, FDA carefully monitors ensure the safety of vessels on the on these navigable waters near New adverse event reporting. navigable waters within a one-mile Orleans, LA, during a fireworks display The safety issues that have arisen stretch of the river before, during, and on August 25, 2018. This proposed subsequent to the 2002 proposed rule after the fireworks display. The Coast rulemaking would prohibit persons and have caused the Agency to question Guard proposes this rulemaking under vessels from being in the safety zone whether ibuprofen can be ‘‘generally authority in 33 U.S.C. 1231. recognized as safe and effective’’ for use unless authorized by the Captain of the as an active ingredient in OTC IAAA Port Sector New Orleans or a designated III. Discussion of Proposed Rule drug products. For this reason, the representative. We invite your The COTP proposes to establish a Agency is withdrawing the 2002 comments on this proposed rulemaking. safety zone from 8:45 p.m. through 10 proposed amendments to 21 CFR part DATES: Comments and related material p.m. on August 25, 2018. The safety must be received by the Coast Guard on zone would cover all navigable waters 1 https://www.fda.gov/ohrms/dockets/ac/ or before June 13, 2018. of the Mississippi River above Head of cder02.htm#NonprescriptionDrugs. ADDRESSES: 2 https://wayback.archive-it.org/7993/20170404 You may submit comments Passes between mile markers (MM) 95.7 145443/https://www.fda.gov/AdvisoryCommittees/ identified by docket number USCG– and 96.7. The duration of the zone is Calendar/ucm380871.htm. 2018–0348 using the Federal intended to ensure the safety of vessels

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22226 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

and these navigable waters before, small entities during rulemaking. The power and responsibilities between the during, and after the scheduled term ‘‘small entities’’ comprises small Federal Government and Indian tribes. fireworks display. No vessel or person businesses, not-for-profit organizations If you believe this proposed rule has would be permitted to enter the safety that are independently owned and implications for federalism or Indian zone without obtaining permission from operated and are not dominant in their tribes, please contact the person listed the COTP or a designated fields, and governmental jurisdictions in the FOR FURTHER INFORMATION representative. A designated with populations of less than 50,000. CONTACT section. representative is a commissioned, The Coast Guard certifies that under 5 warrant, or petty officer of the U.S. U.S.C. 605(b) this proposed rule would E. Unfunded Mandates Reform Act not have a significant economic impact Coast Guard assigned to units under the The Unfunded Mandates Reform Act on a substantial number of small operational control of USCG Sector New of 1995 (2 U.S.C. 1531–1538) requires entities. Orleans. Federal agencies to assess the effects of Vessels requiring entry into this safety If you think that your business, their discretionary regulatory actions. In zone would have to request permission organization, or governmental particular, the Act addresses actions from the COTP or a designated jurisdiction qualifies as a small entity that may result in the expenditure by a representative. They may be contacted and that this rule would have a State, local, or tribal government, in the on VHF–FM Channel 16 or 67 or by significant economic impact on it, telephone at (504) 365–2200. Persons please submit a comment (see aggregate, or by the private sector of and vessels permitted to enter this ADDRESSES) explaining why you think it $100,000,000 (adjusted for inflation) or safety zone must transit at their slowest qualifies and how and to what degree more in any one year. Though this safe speed and comply with all lawful this rule would economically affect it. proposed rule would not result in such directions issued by the COTP or a Under section 213(a) of the Small an expenditure, we do discuss the designated representative. The Business Regulatory Enforcement effects of this rule elsewhere in this regulatory text we are proposing appears Fairness Act of 1996 (Public Law 104– preamble. at the end of this document. 121), we want to assist small entities in F. Environment understanding this proposed rule. If the IV. Regulatory Analyses rule would affect your small business, We have analyzed this proposed rule We developed this proposed rule after organization, or governmental under Department of Homeland considering numerous statutes and jurisdiction and you have questions Security Directive 023–01 and Executive orders related to rulemaking. concerning its provisions or options for Commandant Instruction M16475.1D, Below we summarize our analyses compliance, please contact the person which guide the Coast Guard in based on a number of these statutes and listed in the FOR FURTHER INFORMATION complying with the National Executive orders and we discuss First CONTACT section. The Coast Guard will Environmental Policy Act of 1969 (42 Amendment rights of protestors. not retaliate against small entities that U.S.C. 4321–4370f), and have made a question or complain about this A. Regulatory Planning and Review preliminary determination that this proposed rule or any policy or action of action is one of a category of actions that Executive Orders 12866 and 13563 the Coast Guard. do not individually or cumulatively direct agencies to assess the costs and C. Collection of Information have a significant effect on the human benefits of available regulatory environment. This proposed rule alternatives and, if regulation is This proposed rule would not call for involves a safety zone lasting one hour necessary, to select regulatory a new collection of information under and fifteen minutes that would prohibit approaches that maximize net benefits. the Paperwork Reduction Act of 1995 entry between mile marker 95.7 and Executive Order 13771 directs agencies (44 U.S.C. 3501–3520). mile marker 96.7 on the Lower to control regulatory costs through a D. Federalism and Indian Tribal Mississippi River above Head of Passes. budgeting process. This NPRM has not Governments Normally such actions are categorically been designated a ‘‘significant excluded from further review under regulatory action,’’ under Executive A rule has implications for federalism under Executive Order 13132, paragraph L60(a) of Appendix A, Table Order 12866. Accordingly, the NPRM 1 of DHS Instruction Manual 023–01– has not been reviewed by the Office of Federalism, if it has a substantial direct effect on the States, on the relationship 001–01, Rev. 01. A preliminary Record Management and Budget (OMB), and of Environmental Consideration pursuant to OMB guidance it is exempt between the national government and the States, or on the distribution of supporting this determination is from the requirements of Executive available in the docket where indicated Order 13771. power and responsibilities among the under ADDRESSES. We seek any This regulatory action determination various levels of government. We have comments or information that may lead is based on the size and duration of the analyzed this proposed rule under that to the discovery of a significant safety zone. This safety zone is for only Order and have determined that it is environmental impact from this one hour and fifteen minutes on a one- consistent with the fundamental proposed rule. mile section of the waterway. Moreover, federalism principles and preemption the Coast Guard would issue a requirements described in Executive G. Protest Activities Broadcast Notice to Mariners (BNM) via Order 13132. VHF–FM marine channel 16 about the Also, this proposed rule does not have The Coast Guard respects the First zone, and the rule would allow vessels tribal implications under Executive Amendment rights of protesters. to seek permission to enter the zone. Order 13175, Consultation and Protesters are asked to contact the Coordination with Indian Tribal person listed in the FOR FURTHER B. Impact on Small Entities Governments, because it would not have INFORMATION CONTACT section to The Regulatory Flexibility Act of a substantial direct effect on one or coordinate protest activities so that your 1980, 5 U.S.C. 601–612, as amended, more Indian tribes, on the relationship message can be received without requires Federal agencies to consider between the Federal Government and jeopardizing the safety or security of the potential impact of regulations on Indian tribes, or on the distribution of people, places, or vessels.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22227

V. Public Participation and Request for LA from mile marker (MM) 95.7 to MM permit to construct, prevention of Comments 96.7 above Head of Passes. significant deterioration (PSD) of air We view public participation as (b) Effective period. This section is quality, oil and gas, and fees essential to effective rulemaking, and effective from 8:45 p.m. through 10 p.m. regulations. In addition, amendments to will consider all comments and material on August 25, 2018. the permit program include the received during the comment period. (c) Regulations. (1) In accordance with regulation of hazardous air pollutants Your comment can help shape the the general regulations in § 165.23, entry (HAPs), which may be regulated under outcome of this rulemaking. If you into this zone is prohibited unless section 112 of the Clean Air Act (CAA). submit a comment, please include the authorized by the Captain of the Port Thus, the EPA is taking this action docket number for this rulemaking, Sector New Orleans (COTP) or pursuant to sections 110 and 112 of indicate the specific section of this designated representative. A designated CAA. representative is a commissioned, document to which each comment DATES: Comments: Written comments applies, and provide a reason for each warrant, or petty officer of the U.S. Coast Guard assigned to units under the must be received on or before June 13, suggestion or recommendation. 2018. We encourage you to submit operational control of USCG Sector New comments through the Federal Orleans. ADDRESSES: Submit your comments, eRulemaking Portal at http:// (2) Vessels requiring entry into this identified by Docket ID No. EPA–R08– www.regulations.gov. If your material safety zone must request permission OAR–2018–0026, to the Federal cannot be submitted using http:// from the COTP or a designated Rulemaking Portal: https:// www.regulations.gov, contact the person representative. They may be contacted www.regulations.gov. Follow the online in the FOR FURTHER INFORMATION on VHF–FM Channel 16 or 67 or by instructions for submitting comments. CONTACT section of this document for telephone at (504) 365–2200. Once submitted, comments cannot be alternate instructions. (3) Persons and vessels permitted to edited or removed from We accept anonymous comments. All enter this safety zone must transit at www.regulations.gov. The EPA may comments received will be posted their slowest safe speed and comply publish any comment received to its without change to http:// with all lawful directions issued by the public docket. Do not submit www.regulations.gov and will include COTP or the designated representative. electronically any information you any personal information you have (d) Information broadcasts. The COTP consider to be Confidential Business provided. For more about privacy and or a designated representative will Information (CBI) or other information the docket, visit http:// inform the public of the enforcement whose disclosure is restricted by statute. www.regulations.gov/privacyNotice. times and date for this safety zone Multimedia submissions (audio, video, Documents mentioned in this NPRM through Broadcast Notices to Mariners etc.) must be accompanied by a written as being available in the docket, and all (BNMs), Local Notices to Mariners comment. The written comment is public comments, will be in our online (LNMs), and/or Marine Safety considered the official comment and docket at http://www.regulations.gov Information Broadcasts (MSIBs) as should include discussion of all points and can be viewed by following that appropriate. you wish to make. The EPA will website’s instructions. Additionally, if Dated: May 9, 2018. generally not consider comments or you go to the online docket and sign up Wayne R. Arguin, comment contents located outside of the primary submission (i.e., on the web, for email alerts, you will be notified Captain, U.S. Coast Guard, Captain of the when comments are posted or a final Port Sector New Orleans. cloud, or other file sharing system). For rule is published. additional submission methods, the full [FR Doc. 2018–10188 Filed 5–11–18; 8:45 am] EPA public comment policy, List of Subjects in 33 CFR Part 165 BILLING CODE 9110–04–P information about CBI or multimedia Harbors, Marine Safety, Navigation submissions, and general guidance on (water), Reporting and Recordkeeping making effective comments, please visit ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ Requirements, Security Measures, AGENCY Waterways. commenting-epa-dockets. For the reasons discussed in the 40 CFR Part 52 Docket: All documents in the docket preamble, the Coast Guard proposes to are listed in the www.regulations.gov [EPA–R08–OAR–2018–0026; FRL–9978– amend 33 CFR part 165 as follows: index. Although listed in the index, 02—Region 8] some information is not publicly PART 165—REGULATED NAVIGATION Approval and Promulgation of Air available, e.g., CBI or other information AREAS AND LIMITED ACCESS AREAS Quality Implementation Plans; North whose disclosure is restricted by statute. Dakota; Revisions to Air Pollution Certain other material, such as ■ 1. The authority citation for part 165 Control Rules copyrighted material, will be publicly continues to read as follows: available only in hard copy. Publicly Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY: Environmental Protection available docket materials are available 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Agency (EPA). either electronically in Department of Homeland Security Delegation ACTION: Proposed rule. www.regulations.gov or in hard copy at No. 0170.1. the Air Program, Environmental ■ 2. Add § 165.T08–0348 to read as SUMMARY: The Environmental Protection Protection Agency (EPA), Region 8, follows: Agency (EPA) is proposing to approve 1595 Wynkoop Street, Denver, Colorado State Implementation Plan (SIP) 80202–1129. The EPA requests that if at § 165.T08–0348 Safety Zone; Lower revisions submitted by the State of all possible, you contact the individual Mississippi River, New Orleans, LA North Dakota on January 28, 2013, and listed in the FOR FURTHER INFORMATION (a) Location. The following area is a November 11, 2016. The EPA is CONTACT section to view the hard copy safety zone: All navigable waters of the proposing to approve amendments to of the docket. You may view the hard Lower Mississippi River, New Orleans, North Dakota’s general provisions, copy of the docket Monday through

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22228 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

Friday, 8:00 a.m. to 4:00 p.m., excluding Dakota’s general permit to construct rule obtaining approval to construct via a federal holidays. establishes the framework for general general permit issued by the State in FOR FURTHER INFORMATION CONTACT: permits to be issued and references the lieu of obtaining approval to construct Jaslyn Dobrahner, Air Program, EPA, requirements and procedures that will via an individual permit. Therefore, we Region 8, Mailcode 8P–AR, 1595 be followed in developing the evaluate in II.A.1.c whether the Wynkoop Street, Denver, Colorado conditions and terms for issuing each regulation is consistent with the federal 80202–1129, (303) 312–6252, general permit. Under this new rule, any requirements associated with SIPs [email protected]. general permit to construct shall comply under (i.e., section 110 of the CAA), our SUPPLEMENTARY INFORMATION: with all the requirements applicable to regulations, and applicable guidance. other permits to construct. The general Finally, in addition to criteria I. Background permit rule also specifies that any pollutants, as explained above, sources On January 28, 2013, the State of general permit ‘‘shall identify criteria by of hazardous air pollutants (HAPs) may North Dakota submitted a SIP revision which sources may qualify for the also be eligible for coverage under North containing amendments to Article 33– general permit.’’ Additionally, the rule Dakota’s general permit program. HAPs 15 Air Pollution Control rules. We requires that sources that would qualify are regulated under sections 111 and approved some of these revisions on for a general permit must apply to the 112 of the CAA. Section 112(l) allows October 21, 2016 (81 FR 72716) and on State for coverage under the terms of the the EPA to approve a state’s permit October 10, 2017 (82 FR 46919). The general permit, or apply for an program if it meets the following remaining amendments revise the PSD individual permit to construct. The rule statutory criteria for approval under rules and add a general permit to also requires that the State ‘‘shall grant section 112(l)(5): (1) Contains adequate construct provision. We will address the the conditions and terms of the general authority to assure compliance with any PSD revision related to modeling in a permit’’ to sources that qualify. Finally, section 112 standards, regulations, or separate action. The North Dakota State the rule allows the State to grant a requirements; (2) provides for adequate Health Council adopted the source’s request for authorization to authority and resources to implement amendments on August 14, 2012 construct under a general permit the program; (3) provides for an (effective January 1, 2013). without repeating the public expeditious schedule for assuring On November 11, 2016, the State of participation procedures under compliance with section 112 North Dakota submitted a SIP revision subsection 6 of section 33–15–14–02. requirements; and (4) is otherwise in containing amendments to Article 33– We propose to approve the State’s compliance with agency guidance and is 15 Air Pollution Control rules. The general permit regulation into the SIP likely to satisfy the objectives of the amendments: Update the definition of based on the following analysis. CAA. Regarding the first criteria, North ‘‘volatile organic compounds’’ and PSD a. Sources Covered Under the General Dakota’s general permit program rules; revise permit to construct and Permit To Construct Provision contains adequate authority to assure PSD public participation methods; The revision specifies that the State compliance with section 112 clarify applicability of oil and gas may issue a general permit to construct requirements since the third criteria of regulations; increase the application and covering numerous similar sources the ‘‘Requirements for the Preparation, processing fees; add a significant which are not subject to permitting Adoption, and Submittal of emission rate for greenhouse gas carbon requirements under chapter 33–15–13 Implementation Plans’’ 1 (EPA’s 1989 dioxide equivalent; add a definition of (Emission Standards for Hazardous Air rulemaking) requiring all emissions ‘‘actively producing’’ oil and gas wells; Pollutants), 33–15–15 (Prevention of limitations, controls, and other remove greenhouse gas provisions Significant Deterioration of Air Quality), requirements imposed will be at least as relating to the determination of a major or subpart B of 33–15–22–03 (Emissions stringent as any other applicable source and major modification; remove Standards for Hazardous Air Pollutants limitations and requirements contained the expired exemption of greenhouse for Source Categories). Our discussions in the SIP or enforceable under the SIP, gases from biogenic sources; and with the State also revealed that North and that the program may not issue streamline a provision related to oil and Dakota interprets the rule to include permits that waive, or make less gas registration and reporting. The sources that will voluntarily accept stringent, any limitation or requirements North Dakota State Health Council conditions in the general permit that contained in or issued pursuant to the adopted the amendments on February limit emissions below the major source SIP, or that are otherwise ‘‘federally 24, 2016 (effective July 1, 2016). thresholds (i.e., synthetic minor enforceable’’ (e.g., standards established II. Analysis of State Submittals permits). Thus, the new general permit under sections 111 and 112 of the Act), to construct rule provides the State with is met by the both the permit to We evaluated North Dakota’s January an option to develop general permits for construct and general permit programs, 28, 2013 and November 11, 2016 the following three types of sources: i.e., because the programs do not submittals regarding revisions to the Minor sources of criteria pollutants provide for waiving any section 112 State’s Air Pollution Control rules. (potential emissions below the major requirement. (Refer to our full analysis A. January 28, 2013 Submittal source thresholds in 33–15–15); minor in II.A.1.c.) Regarding the requirement sources of hazardous air pollutants for adequate resources, the State has 1. Chapter 33–15–14, Designated Air (potential emissions below the major demonstrated that it can provide for Contaminant Sources, Permit To source thresholds in 33–15–13 and 33– adequate resources to implement and Construct, Minor Source Permit To 15–22–03); and minor sources of either enforce the program through the fees it Operate, Title V Permit To Operate criteria or hazardous air pollutants that charges. See Chapter 33–15–23, Fees, The State added a ‘‘General permit’’ to elect to apply for general permits to and refer to our full analysis in II.B.5. construct rule in 33–15–14–02.1.c. limit emissions below major source North Dakota’s general permit meets the providing the State with authority to thresholds (i.e., synthetic minor third criteria to provide for an issue a general permit to construct permits). The general permit rule allows expeditious schedule for assuring ‘‘covering numerous similar minor sources to comply with the State’s sources.’’ The addition of North existing minor new source SIP rules by 1 54 FR 27274 (June 28, 1989).

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22229

compliance with section 112 include a program to regulate the §§ 51.160 through 51.164. The EPA requirements because nothing in the construction and modification of approved North Dakota’s minor NSR State’s program would allow a source to stationary sources, including a permit permitting program on August 21, 1995 avoid or delay compliance with federal program as required by parts C and D of (60 FR 43396). That approval covered HAPs requirements if it fails to obtain title I of the CAA, as necessary to assure permits issued on an individual basis. the appropriate federally enforceable that the National Ambient Air Quality North Dakota’s May 3, 2018 letter to the limit by the relevant deadline. Finally, Standards (NAAQS) are achieved. Parts EPA, explains that the State interprets North Dakota’s general permit program C and D, which pertain to PSD and their general permit rule 33–15–14– is consistent with the intent of section nonattainment, respectively, address the 02.1.c. to require the same minor NSR 112 and the CAA since its purpose is to major new source review (NSR) permitting program elements the EPA enable sources to obtain federally programs for major stationary sources, previously approved.4 enforceable limits on potential to emit. and the permitting program for The EPA’s 1989 rulemaking describes In addition to the statutory criteria ‘‘nonmajor’’ (or ‘‘minor’’) stationary five criteria that must be met in order found in section 112(l)(5), the criteria sources is addressed by section for emissions controls and limitation to outlined in 40 CFR 51.160–51.162 as 110(a)(2)(C) of the CAA. We commonly be federally enforceable and thereby well as the criteria for approving refer to the latter program as the ‘‘minor approvable into the SIP. The EPA’s 1989 federally enforceable state operating NSR’’ program. A minor stationary rulemaking criteria are as follows: permits must be met in order to create source is a source whose ‘‘potential to (1) The State operating permit federally enforceable limits on the emit’’ is lower than the major source program (i.e., the regulations or other potential to emit HAPs under a general applicability threshold for a particular administrative framework describing permit. We describe how North Dakota’s pollutant as defined in the applicable how such permits are issued) is general permit program will meet both major NSR program. submitted to and approved by the EPA of these criteria in II.A.1.c. Thus, the To evaluate the approvability of a into the SIP.5 EPA is also proposing to approve the state minor source SIP permit revision, (2) The SIP imposes a legal obligation State’s general permit program under the changes must meet all applicable that operating permit holders adhere to section 112(l) of the Act for the purpose requirements (procedural and the terms and limitations of such of creating federally enforceable substantive) of 40 CFR part 51 and the permits (or subsequent revisions of the limitations on the potential to emit CAA. The EPA’s requirements for SIP permit made in accordance with the HAPs regulated under section 112 of the approval applicable to minor NSR approved operating permit program) CAA.2 permitting programs are established in and provides that permits which do not conform to the operating permit b. Background and Requirements for 40 CFR part 51, subpart I—Review of New Sources and Modifications, program requirements and the General Permit SIPs and North Dakota’s requirements of the EPA’s underlying Submittals §§ 51.160 through 51.164. Additionally, since the State interprets this general regulations may be deemed not Typically, a general permit is a permit permit rule to apply to synthetic minor ‘‘federally enforceable’’ by the EPA. document that contains standardized sources, the EPA applies the criteria in (3) The State operating permit requirements that multiple stationary the EPA’s 1989 rulemaking, and in the program requires that all emissions sources can use. For less complex plant EPA’s January 25, 1995 memorandum limitations, controls, and other sites, and for source categories involving ‘‘Guidance on Enforceability requirements imposed by such permits relatively few operations that are similar Requirements for Limiting Potential to will be at least as stringent as any other in nature, case-by-case permitting may Emit through SIP and § 112 and General applicable limitations and requirements not be the most administratively Permits’’ (EPA’s 1995 guidance).3 contained in the SIP or enforceable efficient approach to establishing Finally, we consider Section 110(l) of under the SIP, and that the program may federally enforceable restrictions. One the CAA to evaluate whether the SIP not issue permits that waive, or make approach that has been used is to revision would interfere with any less stringent, any limitation or establish a general permit, which creates applicable requirement concerning requirements contained in or issued enforceable restrictions at one time that attainment, reasonable progress, or any pursuant to the SIP, or that are can then be used for many similar other applicable requirement of the otherwise ‘‘federally enforceable’’ (e.g., sources. A general permit contains all of CAA. standards established under sections the emissions limitations, monitoring, 111 and 112 of the Act). recordkeeping and reporting c. Evaluation of General Permit To (4) The limitations, controls, and requirements that a source in a given Construct Provisions requirements in the operating permits source category would be subject. Thus, As stated previously, the EPA has the are permanent, quantifiable, and the purpose of a general permit is to authority to approve these types of otherwise enforceable as a practical provide for protection of air quality general permits if they are incorporated matter. while simplifying the permit process for into the SIP. In order for North Dakota’s (5) The permits are issued subject to similar minor sources. If the general general permit to construct rule to be public participation, which we analyze permit rule is approved by the EPA into incorporated into the SIP, the rule must in section II.B.2. This means that the the SIP, then the permits are federally meet certain legal and practical federal State agrees, as part of its program to enforceable. requirements. provide the EPA and the public with Section 110(a)(2)(C) of the Act The EPA’s regulatory requirements for timely notice of the proposal and requires that each implementation plan SIP approval applicable to minor NSR issuance of such permits, and to provide permitting programs are established in 2 The EPA approved North Dakota’s construction 40 CFR part 51, subpart I—Review of 4 Letter from Terry O’Clair, Director, Division of permit and federally enforceable state operating Air Quality, North Dakota Department of Health to permit (FESOP) programs under section 112(l) of New Sources and Modifications, Monica Morales, Director, EPA Region 8 Air the amended CAA for the purposes of creating Program, May 3, 2018. federally enforceable permit conditions for sources 3 Guidance an Enforceability Requirements for 5 States are not required to include operating of hazardous air pollutants (HAPs). 60 FR 43396, Limiting Potential to Emit through SIP and § 112 permit programs in their SIP. Participation is 43398–43399 (August 21, 1995). Rules and General Permits. January 25, 1995. voluntary.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22230 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

the EPA, on a timely basis, with a copy or other appropriate enforcement action in section II.B.2 of this notice. The of each proposed (or draft) and final (33–15–14–02.9 and 33–15–14–03.7). November 11, 2016 revisions require permit intended to be federally Furthermore, 33–15–14–02.7 states ‘‘no that ‘‘a proposed general permit, any enforceable. This process must also permit to construct or modify may be changes to a general permit, and any provide for an opportunity for public granted if such construction, renewal of a general permit shall be comment on the permit applications modification, or installation, will result subject to public comment’’ and that the prior to issuance of the final permit. in a violation of this article’’ and 33–15– public comment procedures under When the EPA approved North 14–03.1.b states ‘‘no person may operate subsection 6 of section 33–15–14–02 Dakota’s minor source permitting or cause the operation of an installation shall be used.7 The EPA determined that program, the EPA determined that the or source in violation of any permit to with respect to general permits, the EPA State’s program met the criteria in the operate or any condition imposed upon and the public do not need to be EPA’s 1989 rulemaking as applied to a permit to operate or in violation of this involved in the review of individual individual sources.6 Therefore, in this article.’’ North Dakota’s May 3, 2018 applicants requesting coverage under a notice we apply the five criteria from letter confirms the State interprets the general permit ‘‘since the rule that rulemaking to the general permit general permit regulation to include establishing the program does not regulation and the provisions in the these legal obligations. Together, these provide the specific standards to be met State’s current SIP and proposed rules satisfy the second criteria that the by the source, each general permit, but amendments to other State rules that are permittee must comply with the permit not each application under each general also part of the general permit program. conditions. permit, must be issued pursuant to With respect to fulfilling the For the third criteria, which requires public and EPA notice and comment.’’ 8 requirements of the first criteria that that all emission limitations, controls, As discussed previously, North Dakota requires the permit program regulations and other requirements be at least as must also provide the EPA with a copy and administrative framework to be stringent as any other requirements in of the proposed general permit for approved by the EPA into the SIP, the the SIP, North Dakota’s permit to review. Together, these rules meet the general permit rule requires that general operate rules (33–15–14–03.6) require fifth criteria that permits issued are permits comply with all existing permit ‘‘all emission limitations, controls, and subject to public participation. In regulations. The existing permit other requirements imposed by summary, we propose to conclude that regulations in the SIP currently include conditions on the permit to operate the State’s general permit to construct 33–15–01, General Provisions, 33–15– must be at least as stringent as any rule meets the aforementioned five 14–02, Permit to Construct, 33–15–14– applicable limitation or requirement criteria for emissions controls and 03, Minor Source Permit to Operate, and contained in this article.’’ In addition, if limitation to be federally enforceable as 33–15–23, Fees including construction the proposed construction project will described by the EPA’s 1989 and operating fees, which provide the cause or contribute to a violation of any rulemaking. regulations and administrative applicable air quality standard, the In addition to the EPA’s 1989 framework to describe how such State’s May 3, 2018 letter explains that rulemaking, the general permit to permits are issued. Furthermore, North the State will deny approval of the construct rule must also be in Dakota’s general permit rule requires proposed project to be covered under a accordance with six enforceability that the ‘‘general permit shall comply general permit to construct (33–15–14– criteria, which are described in the with all requirements applicable to 02.5.a and 33–15–14–02.7). other permits to construct.’’ We North Dakota’s construction and EPA’s 1995 guidance, that a rule or a interpret these requirements for minor operating permitting rules require a 30- general permit must meet to make limits sources to include the following SIP day public comment period (33–15–14– enforceable as a practical matter: requirements: The application and 03.5 and 33–15–14–02.6, respectively) (1) Specific applicability: The general submission of plans (33–15–14–02.2 in addition to providing the EPA with permit must apply to a specific and and 33–15–14–02.15, respectively); a copy of the proposed permit and all narrow category. denial and issuance of permits (33–15– information considered in the (2) Reporting or notice to permitting 14–02.7 and 33–15–14–02.8, development of the permit in order to authority: Sources electing coverage respectively); scope and transfer of provide an opportunity to review the under general permits where coverage is permits (33–15–14–02.10 and 33–15– permit and ensure that the limitations, not mandatory, provide notice or 14–02.11, respectively), as well as controls, and requirements in the reporting to the permitting authority. performance and emission testing (33– permits are permanent, quantifiable, (3) Specific technically accurate 15–14–02.14); responsibility to comply and otherwise enforceable as a practical limits: General permits provide specific (33–15–14–02.15); and permit matter and thereby meet the fourth and technically accurate (verifiable) amendments (33–15–14–02.19), among criteria that the permit conditions be limits that restrict the potential to emit. others. The SIP requirements also enforceable as a practical matter. (4) Specific compliance monitoring: include the State’s existing minor Although the January 28, 2013 SIP General permits contain specific source permit rules that specify the submittal does not include an compliance requirements. terms and conditions for a permit explanation of, or requirements for, the (5) Practicably enforceable averaging application (33–15–14–02.9). public participation requirements North times: Limits in general permits are For the second criteria, North Dakota is required to provide prior to based on practicably enforceable Dakota’s SIP regulations impose a legal issuing a general permit, the State averaging times. obligation that permit holders adhere to subsequently adopted revisions to the (6) Clearly recognized enforcement: the terms and limitations of the permits, general permit rule in 33–15–14–02.1.c Violations of limits by synthetic minor which would include a general permit, that provide for public participation sources are considered violations of the so that violation of any conditions of the prior to issuance and renewal of general state and federal requirements and general permit may result in the permits. These provisions for public revocation or suspension of the permit participation are in the SIP submittal 8 Guidance an Enforceability Requirements for the EPA received from the State on Limiting Potential to Emit through SIP and § 112 6 60 FR 43399 (August 21, 1995). November 11, 2016, and are discussed Rules and General Permits. January 25, 1995.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22231

result in the source being subject to conclude that North Dakota’s general request that a source apply for a site- major source requirements. permit to construct rule meets the specific permit so that the potential for When the EPA approved North aforementioned criteria for greater control than that afforded by the Dakota’s minor source permitting enforceability as described in the EPA’s general permit can be evaluated.10 program, the EPA determined that the 1995 guidance. North Dakota is bound by State rules State’s program met the criteria d. 110(l) Analysis to grant the conditions and terms of the described in the EPA’s 1995 guidance as general permit to sources that qualify or applied to individual sources.9 Finally, the EPA’s evaluation of the deny a source’s request if the source Therefore, in this notice we review how general permit to construct rule must does not qualify. As the State explains the general permit to construct program consider Section 110(l) of the CAA, in detail in their May 3, 2018 letter, the satisfies the enforceability requirements which states that the EPA shall not SIP rules provide that the State’s described in the EPA’s 1995 guidance in approve a SIP revision if it would decision for denying a source’s request the context of the general permit interfere with any applicable is based on 33–15–14–02.5.a and 33– program. First, with respect to requirement concerning attainment, 15–14–02.7. Therefore, in addition to requirement (1), the general permit to reasonable progress, or any other assuring that sources granted authority construct provision (33–15–14–02.1.c.) applicable requirement of the CAA. The to construct under a general permit will covers similar sources and ‘‘shall provisions in 33–15–14–02.1.c establish not violate applicable standards, in the identify criteria by which sources may a general permit to construct program event the State determines (33–15–14– qualify for the general permit.’’ that allows the State to develop and 02.5) that an individual source will Therefore, each general permit is issue general permits to construct. violate the control strategy or interfere required to include the criteria that will Sources may seek authorization under with attainment or maintenance of a be used as the basis for determining the general permit to construct program national standard in the State or in a whether a source is eligible for the in lieu of individual construction neighboring state, North Dakota will general permit. These criteria serve to permits. Thus, under 110(l) of the CAA, have the ability to require a proposed describe and narrow the sources for the addition of a general permit to source to apply for and obtain an which general permits may be construct program and resulting individual air emission permit under established. In order to comply with the authorizations allowing sources to 33–15–14–02, Permit to Construct, and second enforceability criteria (2) that all construct must not interfere with perform an ambient air quality analysis sources provide notice or reporting to attainment, reasonable progress, or any before the source begins actual other applicable requirements of the the permitting authority, all sources that construction. Any sources that may be CAA. qualify for a general permit must apply subject to modeling to determine if they to the state for coverage under the terms We evaluated the addition of a general permit to construct program for its will cause or contribute to a violation of of the general permit, and provide any applicable air ambient air standard ongoing reports to the State, including impact on attainment, reasonable progress, and other applicable will not be eligible for a general monitoring, recordkeeping, and permit.11 reporting. Regarding compliance with requirements of the CAA. First, under the general permit to construct revision, Finally, under the general permit to requirements (3) through (5) with construct rule, a proposed general respect to emission limits, compliance any general permit shall comply with all of the requirements applicable to other permit, any changes to a general permit, requirements, and averaging times and any renewal of a general permit under both the general permit to permits, including a determination of shall be subject to the public comment construct and the general permit to whether issuance of a permit to a procedures at 33–15–14–02.6 which operate, sources shall comply with all specific category of proposed allow 30 days for public comment. permit requirements to construct and construction projects will cause or Based on the reasons discussed operate, respectively. Thereby, sources contribute to a violation of any previously, we propose to find that the operating under a general permit to applicable ambient air standard (33–15– addition of the general permit to operate must follow the emission limits 14–02.5.a). Thus, as the State explained construct rule found at 33–15–14–02.1.c and all other requirements subject to the in their May 3, 2018 letter, consistent and the other rules implemented in source under 33–15–14–03.6, Permit to with 33–15–14–02.5.a and 33–15–14– concert with the general permit rule are Operate—Conditions. Likewise, sources 02.7, if the State makes the are also subject to similar conditions, determination that the proposed equivalent to the permit to construct including emission limits, averaging category will cause or contribute to a rules and will not interfere with times, monitoring, recordkeeping, violation of any applicable air standard, attainment or reasonable further reporting, and other requirements, the State would not propose a general progress or any other applicable under 33–15–14–02.9, Permit to permit. Ambient air monitoring, requirement of the CAA, and thereby, Construct—Conditions. Likewise, with modeling, or other assessment demonstrates compliance with section respect to the final enforceability techniques will be used to ensure that 110(l) of the CAA providing further requirement (6), violations of any sources granted authority to construct basis for proposed approval of this SIP conditions found in 33–15–14–02.9, under the general permit will not violate revision. There should be no impact on Permit to Construct—Conditions may applicable ambient air quality air quality as a result of North Dakota’s result in revocation or suspension of the standards. In addition, the State will general permit rule because the sources permit or other appropriate action. consider any air quality concerns eligible for coverage under the general Thus, violations of the rule or general unique to specific areas that arise after permit regulation will be subject to permit or violations of the specific issuance of the general permit and when terms and conditions in general permits, conditions of the rule or general permit determining whether an individual and those terms and conditions are subjects the source to potential proposed project is eligible for coverage 10 enforcement under the CAA and state under the general permit. For example, Letter from Terry O’Clair, Director, Division of Air Quality, North Dakota Department of Health to law. In summary, we propose to if a source wants to locate in an area Monica Morales, Director, EPA Region 8 Air with air quality levels approaching or Program, May 3, 2018. 9 60 FR 43399 (August 21, 1995). violating the NAAQS, North Dakota may 11 Ibid.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22232 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

equivalent to those applicable to source- 14–02’’ to ‘‘subdivision 6.b of 33–15– 3. Chapter 33–15–15, Prevention of specific minor permits to construct, 14–02’’ in a future submittal.13 With the Significant Deterioration of Air Quality which includes the air quality SIP State’s commitment to revise the North Dakota makes several revisions permitting requirements. reference to ‘‘subdivision 6.b of 33–15– in their November 2016 submittal to Based on our evaluation of North 14–02’’, we propose to approve the their PSD rules found in chapter 33–15– Dakota’s new general permit to revisions to the general permit section 15. construct rule and SIP submittal, we in the November 11, 2016 submittal First, the State updated the propose to find that the general permit because they allow for public incorporation by reference of 40 CFR rule meets the requirements of EPA participation. For reasons discussed in 52.21 paragraphs (a)(2) through (e), (h) rules, the EPA’s 1989 rulemaking, the following paragraph, we also through (r), (v), (w), (aa) and (bb) at 33– criteria described in the EPA’s 1995 propose to approve the revision in 15–15–01.2 as they exist on July 1, 2015. guidance, and does not interfere with subsection 33–15–14–02.6.b(2) that The EPA promulgated revisions to 40 attainment, reasonable progress, or any allows North Dakota to post the CFR 52.21 since July 1, 2015, in other applicable requirements of the application, proposed permit and response to a court vacatur. Specifically, CAA. Therefore we propose to approve analysis on the State’s website. on June 23, 2014, the United States 33–15–14–02.1.c., as amended with Supreme Court, in Utility Air Regulatory North Dakota’s January 28, 2103 and North Dakota added language in 33– Group (UARG) v. EPA, issued a decision November 11, 2016 SIP submittals, into 15–14–03.5.a(1)(b) allowing a copy of addressing the application of PSD the SIP. the proposed permit and copies of or a permitting to greenhouse gas (GHG) summary of the information considered 14 B. November 11, 2016 Submittal emissions. The Supreme Court said in developing the permit to be made the EPA may not treat GHGs as air 1. Chapter 33–15–01, General Provisions available on the State’s website for pollutants for purposes of determining The CAA requires the regulation of public participation. This addition whether a source is a major source (or volatile organic compounds (VOCs) for aligns with 40 CFR 51.161(b)(1) which modification thereof) required to obtain various purposes which the EPA defines allows States to post information a PSD permit. The Court also said the at 40 CFR 51.100(s). In its November 11, submitted by owners and operators EPA could continue to require that PSD 2016 submittal, the State updates 33– along with the State’s analysis of the permits, otherwise required based on 15–01–04, Definitions, to update the effect on air quality on a public website. emissions of pollutants other than incorporation by reference of 40 CFR As a result of having the option to make GHGs, contain limits on GHG emissions 51.100(s) at 33–15–01–04.52 for information about proposed permits based on the application of Best ‘‘volatile organic compounds’’ as it available on the State’s website instead Available Control Technology (BACT). exists on July 1, 2015. We are proposing of delivering paper copies of the In response to the UARG decision, and to approve this revision because it information, North Dakota also revised the subsequent Amended Judgement incorporates by reference the EPA’s rule 33–15–14–03.5.a(1)(d) to reflect this issued by the DC Circuit (Amended 15 provisions. change by allowing the State to Judgement), the EPA revised the ‘‘provide notice’’ of the proposed permit federal PSD rules to remove the 2. Chapter 33–15–14, Designated Air regulatory provisions that were Contaminant Sources, Permit To and public notice instead of ‘‘delivering a copy’’ of the permit and notice. We specifically vacated by the Amended Construct, Minor Source Permit To Judgement removing 40 CFR propose to approve both of these Operate, Title V Permit To Operate 52.21(b)(49)(v) and 40 CFR revisions. In the January 28, 2013 submittal, 51.166(b)(48)(v), among other North Dakota amended chapter 33–15– North Dakota also modified the provisions.16 14–02, Permit to Construct, to include a renewal terms of the permit to operate North Dakota’s adoption by reference general permit provision. Refer to II.A.1 in 33–15–14–03.9.a by revising the term of 40 CFR 52.21 as of July 1, 2015, did for further discussion. In the November of the permit from a fixed 5-year period not include the EPA’s August 19, 2015 11, 2016 submittal, the State amended to a maximum term of 5 years. In revisions to the federal PSD program the general permit section to include addition, applications for renewal must removing the PSD provisions vacated by language pertaining to public be submitted 90 days prior to the the Amended Judgement. The North participation as required by the EPA’s expiration date stated in the permit Dakota SIP currently contains the regulations.12 Specifically, ‘‘a proposed instead of 90 days prior to the 5th vacated GHG provisions (through the general permit, any changes to a general anniversary of its issuance. These incorporation by reference of a previous permit, and any renewal of a general revisions strengthen the SIP by allowing version of 40 CFR 52.21), so the EPA’s permit shall be subject to public the State to issue operating permits for proposed approval of the CFR comment’’ following the public a term of less than 5 years, thus we incorporation by reference update to comment procedures found in propose to approve these revisions. July 1, 2015, does not change the North Dakota SIP with respect to the vacated subsection 6, Public participation— Finally, North Dakota removed language provisions. However, the now-vacated Final action on application, of section in 33–15–14–03.9.b referencing the 33–15–14–02. However, portions of portions of 40 CFR 52.21 incorporated State’s ability to amend permits issued subsection 6(a) contain provisions into the North Dakota SIP-approved PSD prior to February 9, 1976, because that related to ‘‘director’s discretion’’ that program are no longer enforceable. This purport to permit revisions to SIP- language is no longer necessary. We portion of the North Dakota SIP should approved emission limits with limited agree with North Dakota and propose to public process or without requiring approve this revision. 14 U.S. Supreme Court’s decision in Utility Air further approval by the EPA. Thus, Regulatory Group v. EPA, 134 S.Ct. 2427 (2014). 15 April 10, 2015, Amended Judgment by the D.C. North Dakota committed to revise the 13 Letter from Terry O’Clair, Director, Division of Circuit in Coalition for Responsible Regulation v. reference for ‘‘subsection 6 of 33–15– Air Quality, North Dakota Department of Health to EPA, Nos. 09–1322, 10–073, 10–1092 and 10–1167 Monica Morales, Director, EPA Region 8 Air (D.C. Cir. April 10, 2015). 12 40 CFR 51.161. Program, May 3, 2018. 16 80 FR 50199 (August 19, 2015).

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22233

be revised in light of the D.C. Circuit’s also be subject to regulation, (a) At a differently than the EPA’s federal rules Amended Judgement, but the EPA also new stationary source that will emit or at 40 CFR 52.21, the primary practical notes that these provisions may not be have the potential to emit 100,000 tpy effect of both is the same: The PSD implemented even prior to their of a carbon dioxide equivalent (CO2e); BACT requirement does not apply to removal from the North Dakota SIP or (b) At an existing stationary source GHG emissions from an ‘‘anyway because the court decisions described that emits or has the potential to emit source’’ unless the source emits GHGs at above have determined these parts of 100,000 tpy CO2e, when such stationary or above the 75,000 tpy threshold, the EPA’s regulations are unlawful. source undertakes a physical change or which the State confirmed in their Further, North Dakota has advised the change in the method of operation that letter.23 We propose to approve this EPA that it is not currently enforcing will result in an emissions increase of revision because it is consistent with the 19 20 21 these provisions in light of the Supreme 75,000 tpy CO2e or more.’’ As relevant provisions of 40 CFR 52.21. Court decision and that North Dakota discussed previously, North Dakota It is important to note, however, that will update its incorporation by acknowledges that their July 1, 2015 the EPA’s proposed approval is not reference of the CFR, including the incorporation by reference date of some based on determination by either the August 19, 2015 revisions to 40 CFR of the provisions in 40 CFR 52.21 EPA or the state that 75,000 tpy CO2e is 52.21 in a future submittal.17 We are included the provision at 40 CFR an appropriate de minimis level for therefore proposing to approve the 52.21(b)(49)(v) that was later removed GHGs. The EPA’s proposed approval of State’s revision of the incorporation by on August 19, 2015, and the State is not the significant emissions rate for GHGs reference date with the understanding currently enforcing this provision in in North Dakota’s rule is based only on that the GHG provisions vacated by the light of the Court decision. Thus, we the recognition that North Dakota’s rule court decisions cannot by implemented propose to approve this revision. applies the same applicability level for and are not being enforced by North Third, in the June 23, 2014 U.S. GHG BACT requirement that is Dakota. Supreme Court decision, the Court presently reflected in the EPA’s Second, we evaluate the State’s upheld application of the Best Available regulations. revisions to their incorporation by Control Technology (BACT) In establishing the significance level, reference of the EPA’s PSD regulations requirement for greenhouse gas the State rulemaking does not establish to evaluate whether the revisions are emissions from new and modified that 75,000 is a de minimis amount of consistent with our regulations in effect sources that trigger PSD permitting GHG. Nothing in North Dakota’s at this time. The State revised language obligations on the basis of their rulemaking and nothing in this EPA in their incorporation of 40 CFR emissions of air pollutants other than action provide support to substantiate 52.21(b)(1) and 40 CFR 52.21(b)(2) greenhouse gases. Thus, if a source is 75,000 tpy significance level as a de exempting greenhouse gases, as defined subject to PSD BACT requirements for a minimis level. See UARG, 134 S.Ct. in 40 CFR 86.1818–12(a), from the pollutant other than greenhouse gases, 2427, at 2449 (noting that the EPA had definition of a New Source Review the source remains subject to PSD BACT not established the 75,000 tpy level in (NSR) pollutant for the purposes of requirements for greenhouse gases. the Tailoring Rule as a de minis defining a ‘‘major source’’ and ‘‘major North Dakota revised their threshold below which BACT is not modification,’’ respectively. incorporation of 40 CFR required for a source’s GHG emissions). Specifically, the State’s regulation 52.21(b)(23)(i) 22 to include a significant Given the deficiencies in the indicates for both definitions that ‘‘[f]or pollutant and emission rate of 75,000 justification for the GHG BACT purposes of this definition, regulated tons per year (tpy) or more of applicability level in the existing EPA NSR pollutant does not include greenhouse gases on a carbon dioxide regulations, the EPA is planning to greenhouse gases as defined in 40 CFR equivalent basis. Although the North move forward in a separate, national 86.1818–12(a).’’ 18 Thus, North Dakota Dakota SIP submittal is structured rulemaking to propose a GHG eliminated greenhouse gases from Significant Emission Rate (SER) that consideration when determining 19 80 FR 50199 (August 19, 2015). would be justified as a de minis whether a source is a ‘‘major source’’ or 20 April 10, 2015, Amended Judgment by the D.C. threshold level for applying the BACT whether a change to major stationary Circuit in Coalition for Responsible Regulation v. EPA, Nos. 09–1322, 10–073, 10–1092 and 10–1167 requirement to GHG emissions under source is a ‘‘major modification.’’ The (D.C. Cir. April 10, 2015). PSD. In the event that the EPA EPA amended its rules in a different 21 To clarify potential questions regarding the ultimately promulgates a final GHG manner. The EPA’s revisions that difference between the State and the EPA rules, we SER, North Dakota, like all other SIP- amended the rules after the Court’s note that consistent with our 2015 rulemaking, ‘‘[i]n approved states, may be obligated to the case of sources that trigger PSD based on holding that EPA may not treat GHGs as emissions of pollutants other than GHG (‘‘anyway undertake rulemaking to demonstrate an air pollutant for purposes of sources’’) the PSD BACT requirement continues to consistency with federal requirements. determining whether a source is a major apply to GHG emissions from such sources . . . and Fourth, the State eliminated the source required to obtain a PSD or title that ‘‘[w]hen an anyway source is modified, under exemption for greenhouse gases from these provisions, the BACT requirement applies to V permit, deleted 40 CFR GHGs if (1) the modification is otherwise subject to biogenic sources found at 40 CFR 52.21(b)(49)(v), which required that PSD for a pollutant other than GHG; and (2) the 52.21(b)(49)(ii)(a)(July 1, 2015). The ‘‘[b]eginning July 1, 2011, in addition to modification results in a GHG emissions increase State explained in the November 2016 the provisions in paragraph (b)(49)(iv) of and a net GHG emission increase equal to or greater submittal that the basis for eliminating this section, the pollutant GHGs shall than 75,000 tpy or more on a carbon dioxide equivalent (CO2e) basis and greater than zero on a the exemption was because the mass basis.’’ 80 FR 50199, 50201–50202 (August 19, exemption expired.24 We agree with the 17 Letter from Terry O’Clair, Director, Division of 2015). State’s reason for deleting this provision Air Quality, North Dakota Department of Health to 22 The State recognizes their revised regulation as it is consistent with the EPA’s Monica Morales, Director, EPA Region 8 Air inadvertently does not include (b) after 40 CFR Program, May 3, 2018. 52.21 and before (23)(i) and will revise the language expired regulation and therefore 18 We note that the definition of GHGs in 40 CFR to read 40 CFR 52.21(b)(23)(i) in a future submittal. 86.1818–12(a) is a part of the definition of GHGs in Refer to letter from Terry O’Clair, Director, Division 23 Letter from Terry O’Clair, Director, Division of the PSD rules 40 CFR 52.21(b)(49)(i), however, for of Air Quality, North Dakota Department of Health Air Quality, North Dakota Department of Health to purposes of analyzing approvability of the State’s to Monica Morales, Director, EPA Region 8 Air Monica Morales, Director, EPA Region 8 Air SIP there is no practical effect in this difference. Program, May 3, 2018. Program, May 3, 2018.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22234 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

propose to approve the deletion of the Compounds Emissions, and as concentrations of a pollutant or its exemption in 40 CFR 52.21(b)(49)(ii)(a). explained in the State’s response to precursors. Thus, we propose to Finally, the State added language in comments contained in the November approve this amendment. 40 CFR 52.21(q) to allow copies of: (1) 2016 submittal, this revision allows the We also propose to approve revisions All materials submitted by an applicant; producer to obtain better data for to paragraph 33–15–20–03.1 that (2) the State’s preliminary inclusion in the registration form and determine the applicability of Chapter determination; and (3) a summary of does not change any of the emission 33–15–15 to oil and gas well production other materials, if any, considered in control requirements of the chapter. facilities. North Dakota replaces the making a preliminary determination Thus, we propose to approve these applicability threshold of an oil and gas regarding a proposed source or revisions. well production facility that ‘‘emits or modification to be posted on the State’s Additionally, in 33–15–20–02, North has the potential to emit 250 tons per website. This addition aligns with 40 Dakota removed paragraph 33–15–20– year or more of any air contaminant CFR 124.10(c)(2)(iii)(B) which allows 02.2 because it was no longer relevant. regulated under North Dakota Century states to post information related to Paragraph 33–15–20–02.1 contains Code (N.D.C.C.) chapter 23–25, as applications to construct or modify a identical language to 33–15–20–02.2 determined by the department’’ with an source on a public website in lieu of describing the registration and reporting oil and gas well production facility that publishing in a daily or weekly requirements except for paragraph 33– ‘‘is a major stationary source or a major newspaper. Therefore, we propose to 15–20–02.1 does not cite the modification as defined in Chapter 33– 15–15.’’ N.D.C.C. 23–25 contains the approve this language. applicability emission threshold of 10 Department’s statutory authority for air 4. Chapter 33–15–20, Control of tons per year or more of sulfur pollution control. Chapter 33–15–15 of Emissions From Oil and Gas Well compounds and instead contains the North Dakota’s regulations reference 40 Production Facilities new revisions to add ‘‘actively CFR 52.21, which define a ‘‘major producing’’ and ‘‘well achieving active North Dakota broadened the stationary source’’ and ‘‘major production status’’ to describe the applicability of this chapter in 33–15– modification at 40 CFR 52.21(b)(1) and applicability of the registration and 20–01.1, Applicability, from applying to 52.21(b)(2). Therefore, rather than reporting requirements (as discussed ‘‘any oil and gas well production facility Chapter 33–15–15, Prevention of and proposed for approval elsewhere in which emits sulfur or sulfur Significant Deterioration of Air Quality, compounds’’ to applying to ‘‘any oil and this notice). Thus, these differences applying to oil and gas well production gas well facility which emits air between 33–15–20–02.1 and 33–15–20– facilities that emit 250 tons per year or contaminants.’’ In doing so, North 02.2 are the result of the revisions in more of any air contaminant regulated Dakota strengthens the SIP because the 33–15–20–02.1 contained in the under chapter 23–25 of N.D.C.C., the chapter now applies to all facilities (an November 2016 submittal that we are State’s amendments mean that Chapter expansion from an oil and gas well proposing to approve as previously 15–15–20 applies to oil and gas well ‘‘production facility’’) and any air discussed. By deleting 33–15–20–02.2, production facilities that meet either of contaminant (an expansion from North Dakota also removed language: (1) the definitions under 40 CFR 52.21(b)(1) emissions of ‘‘sulfur or sulfur Pertaining to the original date of January or 52.21(b)(2). Specifically, this would compounds’’), therefore, we propose to 1, 1988, when the registration form and include ‘‘any stationary source which approve these revisions. gas analysis must be submitted to North emits, or has the potential to emit, 250 In section 33–15–20–01.2, Definitions, Dakota for all oil and gas wells tons per year or more of a regulated NSR North Dakota added the definition of completed or recompleted prior to July pollutant’’ and modifications to ‘‘actively producing’’ to mean that a 1, 1987; and (2) requiring modifications stationary sources. This revision is well has been producing for 30 days or and changes to wells occurring after July equivalent to the current SIP because more from initial production through 1, 1987, to submit a registration form the State interprets the language in the the wellhead equipment. In and gas analysis. With respect to current SIP (33–15–20–03.1), as conjunction, North Dakota also revised requirement (1), the January 1, 1988 applying to all oil and gas well section 33–15–20–02.1, Registration and deadline to submit a registration form is production facilities subject to the PSD reporting requirements, so that only over 30 years ago and new regulations rules. Because this revision is actively producing oil or gas wells, as have been added to 33–15–20–02.1 for equivalent to the current SIP and federal opposed to any oil and gas well, shall oil and gas wells completed after July 1, regulations, we propose to approve this submit an oil and gas well registration 1987, thus as a practical matter, the revision. form. Revisions to this paragraph also references to oil and gas wells Finally, North Dakota makes minor include the requirement that the owner completed prior to July 1, 1987, and the revisions in 33–15–20–01.2 and 33–15– or operator must submit the registration associated January 1, 1988 deadline are 20–03.2 to renumber definitions and form, along with a gas analysis, within no longer meaningful in the SIP. With add non-substantive clarifying changes 90 days of the well achieving respect to requirement (2), the same to the equation for PSD applicability for production status instead of within 90 requirements to inform the State of sulfur dioxide, respectively. We propose days of the completion or recompletion changes to information contained on the to approve both of these revisions. of the well. Since completed wells can registration form and gas analysis are remain idle for extended periods of time now required in 33–15–20–02.3. We 5. Chapter 33–15–23, Fees prior to producing, this revision clarifies agree that the language found in 33–15– We also propose to approve in the that only actively producing wells are 20–02.2 is no longer relevant because November 2016 submittal revisions to subject to the registration and reporting the regulations are either contained in chapter 33–15–23, Fees, to: (1) Increase requirements thereby reducing the 33–15–20–02.1 or 33–15–20–02.3, and the permit to construct application fee burden on oil and gas well owners and removing the reporting requirements for from $150.00 to $325.00 (33–15–23– operators. Furthermore, these revisions oil and gas wells completed prior to July 02.1); (2) increase the threshold of do not alter the emission control 1, 1987, does not impact any emission processing costs incurred by the State requirements for oil and gas wells found control requirements and will not lead (e.g., applications requiring a major in Chapter 7, Control of Organic to a change in emissions or ambient engineering analysis and/or computer

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22235

dispersion modeling) that would trigger V. Statutory and Executive Order Indian tribe has demonstrated that a a processing fee due by the applicant Reviews tribe has jurisdiction. In those areas of from $150.00 to $325.00 (33–15–23– Under the CAA, the Administrator is Indian country, the rule does not have 02.2); and (3) remove the option for an required to approve a SIP submission tribal implications and will not impose applicant to withdraw an application that complies with the provisions of the substantial direct costs on tribal without paying any processing fees (33– Act and applicable federal regulations. governments or preempt tribal law as 15–23–02.2.b). CAA Section 110(a)(2)(E) 42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 requires that a state implementation Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000). plan provide assurances that the state EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 will have, among other items, adequate provided that they meet the criteria of Environmental protection, Air funding to carry out the implementation the CAA. Accordingly, this action plan. As explained in a memo to pollution control, Incorporation by merely proposes to approve state law as reference, Intergovernmental relations, interested parties, increasing the meeting federal requirements and does application fee and the processing fee Nitrogen dioxide, Particulate matter, not impose additional requirements Sulfur oxides. threshold as well as removing the beyond those imposed by state law. For option for an applicant to withdraw an that reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. application without paying processing • Is not a significant regulatory action Dated: May 9, 2018. fees reflect both inflation and the subject to review by the Office of Douglas Benevento, increased complexity of permit to Management and Budget under construct applications, thereby ensuring Regional Administrator, Region 8. Executive Orders 12866 (58 FR 51735, [FR Doc. 2018–10208 Filed 5–11–18; 8:45 am] the State has adequate funding to carry October 4, 1993) and 13563 (76 FR 3821, 25 26 BILLING CODE 6560–50–P out the implementation plan. January 21, 2011); Therefore, we propose to approve these • Is not an Executive Order 13771 (82 revisions. FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION III. The EPA’s Proposed Action action because SIP approvals are AGENCY exempted under Executive Order 12866; In this action, the EPA is proposing to • Does not impose an information 40 CFR Part 81 approve SIP amendments to North collection burden under the provisions Dakota Air Pollution Control Rules, of the Paperwork Reduction Act (44 [EPA–R09–OAR–2018–0223; FRL–9978–01– Region 9] shown in Table 1, submitted by the U.S.C. 3501 et seq.); • State of North Dakota on January 28, Is certified as not having a Air Plan Approval; California; Eastern 2013 and November 11, 2016. significant economic impact on a Kern Air Pollution Control District; substantial number of small entities Reclassification TABLE 1—LIST OF NORTH DAKOTA under the Regulatory Flexibility Act (5 AMENDMENTS THAT THE EPA IS U.S.C. 601 et seq.); AGENCY: Environmental Protection • Agency (EPA). PROPOSING TO APPROVE Does not contain any unfunded mandate or significantly or uniquely ACTION: Proposed rule. affect small governments, as described Amended Section in the January 28, 2013 SUMMARY: Under the Clean Air Act, the Submittal Proposed for Approval in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); Environmental Protection Agency (EPA) 33–15–14–02.1.c. • Does not have federalism is proposing to grant a request by the implications as specified in Executive State of California to reclassify the Amended Sections in the November 11, Order 13132 (64 FR 43255, August 10, Eastern Kern County (‘‘Eastern Kern’’) 2016 Submittal Proposed for Approval 1999); nonattainment area from ‘‘Moderate’’ to • Is not an economically significant ‘‘Serious’’ for the 2008 ozone national 33–15–01–04.52, 33–15–14–02.1.c, 33–15– regulatory action based on health or ambient air quality standards (NAAQS). 14–02.6.b(2), 33–15–14–03.5.a(1)(b), 33– In connection with the reclassification, 15–14–03.5.a(1)(d), 33–15–14–03.9.a, 33– safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); the EPA is proposing to establish a 15–14–03.9.b, 33–15–15–01.2, 33–15–20– • deadline of no later than 12 months 01.1, 33–15–20–01.2, 33–15–20–02.1, 33– Is not a significant regulatory action 15–20–02.2, 33–15–20–03.1, 33–15–20– subject to Executive Order 13211 (66 FR from the effective date of reclassification 03.2, 33–15–23–02.1, 33–15–23–02.2. 28355, May 22, 2001); for submittal of revisions to the Eastern • Is not subject to requirements of Kern portion of the California State Implementation Plan (SIP) to meet IV. Incorporation by Reference Section 12(d) of the National Technology Transfer and Advancement certain additional requirements for In this rule, the EPA is proposing to Act of 1995 (15 U.S.C. 272 note) because Serious ozone nonattainment areas. The include in a final EPA rule regulatory application of those requirements would EPA has already received SIP revision text that includes incorporation by be inconsistent with the Clean Air Act; submittals addressing most of the reference. In accordance with and additional SIP requirements. requirements of 1 CFR 51.5, the EPA is • Does not provide the EPA with the DATES: Any comments must arrive by proposing to incorporate by reference discretionary authority to address, as June 13, 2018. the amendments described in section III. appropriate, disproportionate human ADDRESSES: Submit your comments, The EPA has made, and will continue health or environmental effects, using identified by Docket ID No. EPA–R09– to make, these materials generally practicable and legally permissible OAR–2018–0223 at http:// available through www.regulations.gov methods, under Executive Order 12898 www.regulations.gov, or via email to and at the EPA Region 8 Office (please (59 FR 7629, February 16, 1994). Nancy Levin, at [email protected]. contact the person identified in the FOR In addition, the SIP is not proposed to For comments submitted at FURTHER INFORMATION CONTACT section of apply on any Indian reservation land or Regulations.gov, follow the online this preamble for more information). in any other area where the EPA or an instructions for submitting comments.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22236 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

Once submitted, comments cannot be associated with increased susceptibility Marginal nonattainment area for the edited or removed from Regulations.gov. to respiratory infections, medication use 2008 ozone NAAQS. 77 FR 30088 (May For either manner of submission, the by asthmatics, doctor visits, and 21, 2012). For Marginal ozone EPA may publish any comment received emergency department visits and nonattainment areas, the attainment to its public docket. Do not submit hospital admissions for individuals with date for the 2008 ozone NAAQS is as electronically any information you respiratory disease. Ozone exposure expeditious as practicable but not later consider to be Confidential Business may also contribute to premature death, than three years from the effective date Information (CBI) or other information especially in people with heart and lung of designation, i.e., no later than July 20, whose disclosure is restricted by statute. disease. 2015. See 40 CFR 51.1103(a). Multimedia submissions (audio, video, In March 2008, the EPA strengthened Under CAA section 181(b)(2), the EPA etc.) must be accompanied by a written the primary and secondary eight-hour is required to determine whether an area comment. The written comment is ozone NAAQS from 0.08 parts per attained the ozone NAAQS by the considered the official comment and million (ppm) to 0.075 ppm (‘‘2008 applicable attainment date, and in May should include discussion of all points ozone NAAQS’’). 73 FR 16436 (March 2016, the EPA found that Eastern Kern you wish to make. The EPA will 27, 2008).1 In accordance with section had failed to attain the 2008 ozone generally not consider comments or 107(d) of the CAA, the EPA must NAAQS by the applicable Marginal comment contents located outside of the designate an area ‘‘nonattainment’’ if it attainment date (i.e., by July 20, 2015) primary submission (i.e., on the web, is violating the NAAQS or if it is and reclassified the area as Moderate. 81 cloud, or other file sharing system). For contributing to a violation of the FR 26697 (May 4, 2016). For Moderate additional submission methods, please NAAQS in a nearby area. With respect ozone nonattainment areas, the contact the person identified in the FOR to the ozone NAAQS, the EPA further attainment date is as expeditious as FURTHER INFORMATION CONTACT section. classifies nonattainment areas as practicable but not later than July 20, For the full EPA public comment policy, ‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ 2018. See 40 CFR 51.1103(a). States information about CBI or multimedia ‘‘Severe,’’ or ‘‘Extreme,’’ depending with newly-reclassified Moderate ozone submissions, and general guidance on upon the ozone design value for an areas were required to submit SIP 2 making effective comments, please visit area. See CAA section 181(a)(1). As a revisions meeting the applicable http://www2.epa.gov/dockets/ general matter, higher classified ozone Moderate area requirements by January commenting-epa-dockets. nonattainment areas are subject to a 1, 2017. 81 FR 26697 (May 4, 2016). greater number of, and more stringent, FOR FURTHER INFORMATION CONTACT: II. State Request for Reclassification SIP requirements than lower classified Nancy Levin, EPA Region IX, (415) 972– areas but are allowed more time to As described above, in 2016, the EPA 3848, [email protected]. demonstrate attainment of the ozone reclassified the Eastern Kern 2008 ozone SUPPLEMENTARY INFORMATION: NAAQS. See, generally, subpart 2 of nonattainment area to Moderate, and, in Throughout this document, ‘‘we,’’ ‘‘us’’ part D of title I of the CAA. Depending response to the reclassification, the and ‘‘our’’ refer to the EPA. upon the classification, states with Eastern Kern Air Pollution Control Table of Contents ozone nonattainment areas are required District (EKAPCD) began to develop an under the CAA to develop and submit ozone plan meeting the applicable I. Background SIP revisions providing for, among other ozone nonattainment area requirements, II. State Request for Reclassification such as an attainment demonstration. III. Evaluation of Voluntary Reclassification elements, a base year emissions Request inventory, new source review (NSR), However, in light of the attainment IV. Proposed Action and Public Comment implementation of reasonably available demonstration needs for the area, the V. Statutory and Executive Order Reviews control technology (RACT), reasonable EKAPCD developed the ozone plan, titled Eastern Kern Air Pollution Control I. Background further progress (RFP), a demonstration of attainment, and contingency District 2017 Ozone Attainment Plan for The Clean Air Act (CAA) requires the measures. the Federal 75 ppb 8-Hour Ozone EPA to establish a NAAQS for certain Effective July 20, 2012, the EPA Standard (‘‘Eastern Kern 2017 Ozone pervasive pollutants that ‘‘may established initial air quality Plan’’), to meet Serious, rather than reasonably be anticipated to endanger designations for the 2008 ozone Moderate, ozone nonattainment public health and welfare’’ and to NAAQS. The EPA designated and requirements. The Eastern Kern 2017 develop a primary and secondary initially classified Eastern Kern 3 as a Ozone Plan includes a request to the standard for each NAAQS. The primary California Air Resources Board (CARB) standard is designed to protect public 1 Today’s proposed rule relates to classifications to formally submit a request to the EPA health with an adequate margin of and SIP submittal obligations associated with the asking for voluntary reclassification of safety, and the secondary standard is 2008 ozone NAAQS. In 2015, the EPA further the Eastern Kern ozone nonattainment tightened the 8-hour ozone NAAQS from 0.075 ppm designed to protect public welfare and to 0.070 ppm (‘‘2015 ozone NAAQS’’). 80 FR 65292 area from Moderate to Serious for the the environment. The EPA has set (October 26, 2015). Designations, classifications and 2008 ozone NAAQS.4 On July 27, 2017, NAAQS for six common air pollutants, SIP obligations for the 2015 ozone NAAQS are the EKAPCD adopted the Eastern Kern referred to as criteria pollutants, being addressed separately from this action. 2017 Ozone Plan and transmitted the 2 For the 2008 ozone NAAQS, the design value at including ozone. The NAAQS each monitoring site is the annual fourth-highest plan to CARB for approval and represents the air quality levels an area daily maximum 8-hour average ozone submittal to the EPA. Through must meet to comply with the CAA. concentration, averaged over three years. The Resolution 17–25 (dated September 28, Ozone is a gas composed of three design value for an area is the highest design value 2017), CARB adopted the plan and the among the monitoring sites. EKAPCD’s request for voluntary oxygen atoms and is created by a 3 Kern County is located in the southern-most chemical reaction between volatile portion of California’s Central Valley. The western organic compounds (VOC) and oxides of half of Kern County is part of the San Joaquin county excluding Indian Wells Valley. For more detail on the boundaries of the Eastern Kern ozone nitrogen (NOX) in the atmosphere in the Valley air basin and is included within the San Joaquin Valley ozone nonattainment area. The nonattainment area, see the 2008 ozone table in 40 presence of sunlight. Ground-level eastern half of Kern County is part of the Mojave CFR 81.305. ozone can harm human health and the Desert air basin. The Eastern Kern ozone 4 See page vi of the Eastern Kern 2017 Ozone environment. Ozone exposure has been nonattainment area covers the eastern half of the Plan.

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22237

reclassification. Subsequently, on State Implementation Plan (SIP) for the any Serious area SIP requirements for October 25, 2017, CARB submitted the 2008 Ozone National Ambient Air which SIP submittals have already been Eastern Kern 2017 Ozone Plan to the Quality Standards (NAAQS) (‘‘Eastern received. We will accept comments EPA as a revision to the California SIP. Kern 2017 RACT SIP’’) to the EPA as a from the public on this proposal until CARB’s October 25, 2017 SIP revision revision to the California SIP. The June 13, 2018. Eastern Kern 2017 RACT SIP was submittal constitutes a request for V. Statutory and Executive Order developed to meet the RACT reclassification of the Eastern Kern Reviews ozone nonattainment area. requirements for Serious ozone nonattainment areas in anticipation of Under Executive Orders 12866 (58 FR III. Evaluation of Voluntary submittal by CARB to the EPA of the 51735, October 4, 1993) and 13563 (76 Reclassification Request voluntary reclassification request FR 3821, January 21, 2011), this Under the EPA’s ozone contained in the Eastern Kern 2017 proposed action is not a ‘‘significant implementation rule at 40 CFR Ozone Plan.6 We have reviewed the regulatory action’’ and therefore is not 51.1103(b), a state may request, and the August 2017 SIP submittal and find that subject to review by the Office of EPA must approve, a higher it addresses the following Serious ozone Management and Budget. Voluntary classification for any reason in area RACT-related SIP requirements: reclassifications under section 181(b)(3) accordance with CAA section VOC sources covered by a Control of the CAA are based solely upon 181(b)(3).5 We find that the plain Technology Guidelines (CTG) document requests by the state, and the EPA is language of CAA section 181(b)(3) and and non-CTG major sources of VOC. required under the CAA to grant them. 40 CFR 51.1103(b) mandates that we The Eastern Kern 2017 RACT SIP does This proposed action does not, in and approve voluntary reclassification not fully address RACT requirements for of itself, impose any new requirements requests, and thus, the EPA proposes in non-CTG major sources of NOX. on any sector of the economy. In this action to grant CARB’s request to Upon review of the two SIP revision addition, because the statutory reclassify the Eastern Kern submittals described above, we find that requirements are clearly defined with nonattainment area from Moderate to all the SIP elements that apply to respect to the differently classified Serious for the 2008 ozone NAAQS. Eastern Kern as a Serious ozone areas, and because those requirements Upon the effective date of a final action nonattainment area for the 2008 ozone are automatically triggered by granting the reclassification, the area NAAQS have been addressed except for classification, reclassification does not will be required to attain the 2008 ozone NSR and RACT for major sources of impose a materially adverse impact NAAQS as expeditiously as practicable, NOX. The EPA is proposing a schedule under Executive Order 12866. For these but not later than July 20, 2021. for additional SIP revisions for these reasons, this proposed action is also not By granting a state’s request to two SIP elements of no later than 12 subject to Executive Order 13211, reclassify an ozone nonattainment area months from the effective date of ‘‘Actions Concerning Regulations That to a higher classification, the EPA must reclassification.7 Significantly Affect Energy Supply, address submittal deadlines for SIP Distribution, or Use’’ (66 FR 28355, May IV. Proposed Action and Public 22, 2001). Furthermore, this proposed requirements that have become Comment applicable to an area as a result of its action is not an Executive Order 13771 higher classification. Such SIP Pursuant to CAA section 181(b)(3) (82 FR 9339, February 2, 2017) requirements include submittals that and 40 CFR 51.1103(b), the EPA is regulatory action because actions such include provisions to require proposing to grant the reclassification as reclassifications made at the request implementation of RACT for existing request by the State of California for the of a state are exempt under Executive stationary sources and permits for new Eastern Kern 2008 ozone nonattainment Order 12866. or modified stationary sources (i.e., area from Moderate to Serious, and to In addition, I certify that this NSR), and to provide for RFP, change the ‘‘California—2008 8-Hour proposed rule will not have a significant attainment and contingency measures. Ozone NAAQS (Primary and economic impact on a substantial secondary)’’ table in 40 CFR 81.305 number of small entities under the For areas reclassified from Moderate to accordingly. In connection with the Regulatory Flexibility Act (5 U.S.C. 601 Serious, the ‘‘major source’’ threshold reclassification, the EPA is proposing to et seq.). This proposed action does not for RACT and NSR purposes falls from establish a deadline of no later than 12 contain any unfunded mandate or 100 tons per year of VOC or NO to 50 X months from the effective date of significantly or uniquely affect small tons per year of VOC or NOX. As noted above, in October 2017, reclassification for submittal of governments, as described in the revisions to the Eastern Kern portion of CARB submitted the Eastern Kern 2017 Unfunded Mandates Reform Act of 1995 the SIP to meet the Serious area Ozone Plan to the EPA as a revision to (Pub. L. 104–4), because the EPA is requirements for NSR and for RACT for the California SIP. We have reviewed required to grant requests by states for major sources of NO . The EPA is not the October 2017 submittal and find that X voluntary reclassifications and such proposing a SIP revision schedule for it addresses the following Serious ozone reclassifications in and of themselves do area SIP requirements: Base year not impose any federal 6 See pages 9 and 10 of the Eastern Kern 2017 emissions inventory, emission intergovernmental mandate. RACT SIP. Executive Order 13175 (65 FR 67249, statements, reasonably available control 7 Upon the effective date of reclassification, we November 9, 2000) requires the EPA to measure (RACM) demonstration, RFP, note that certain regulatory changes would occur develop an accountable process to attainment demonstration and automatically and do not require a SIP revision. For example, upon reclassification from Moderate to ensure ‘‘meaningful and timely input by contingency measures. Serious, the applicability (or ‘‘de minimis’’) tribal officials in the development of In addition, on August 9, 2017, CARB thresholds under our General Conformity rule (see submitted the EKAPCD’s Reasonably 40 CFR part 93) would drop from 100 tons per year regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal Available Control Technology (RACT) to 50 tons per year for VOC or NOX. See 40 CFR 93.153(b)(1). Under the General Conformity rule, implications’’ is defined in the federal agencies bear the responsibility of Executive Order to include regulations 5 CAA section 181(b)(3) provides that the EPA determining conformity of actions in nonattainment shall grant the request of any state to reclassify an and maintenance areas that require Federal permits, that have ‘‘substantial direct effects on ozone nonattainment area to a higher classification. approvals, or funding. one or more Indian tribes, on the

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22238 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

relationship between the Federal and responsibilities established in the practicable and permitted by law, to government and Indian tribes, or on the Clean Air Act. make environmental justice part of their distribution of power and This proposed rule also is not subject mission by identifying and addressing, responsibilities between the Federal to Executive Order 13045, ‘‘Protection of as appropriate, disproportionately high government and Indian tribes.’’ There Children from Environmental Health and adverse human health or are no Indian reservation lands or other Risks and Safety Risks’’ (62 FR 19885, environmental effects of their programs areas where the EPA or an Indian tribe April 23, 1997), because the EPA policies, and activities on minority has demonstrated that a tribe has interprets Executive Order 13045 as populations and low-income applying only to those regulatory jurisdiction within the Eastern Kern populations in the United States. This actions that concern health or safety ozone nonattainment area, and thus, proposed reclassification action relates risks, such that the analysis required to ozone, a pollutant that is regional in this proposed rule does not have tribal under section 5–501 of the Executive implications and will not impose nature, and is not the type of action that Order has the potential to influence the could result in the types of local substantial direct costs on tribal regulation. impacts addressed in Executive Order governments or preempt tribal law as Reclassification actions do not 12898. specified by Executive Order 13175. involve technical standards and thus, This proposed action also does not the requirements of section 12(d) of the List of Subjects in 40 CFR Part 81 have Federalism implications because it National Technology Transfer and Advancement Act of 1995 (15 U.S.C. Environmental protection, Air does not have substantial direct effects pollution control, Intergovernmental on the states, on the relationship 272 note) do not apply. This proposed rule does not impose an information relations, National parks, Ozone, between the national government and Wilderness areas. the states, or on the distribution of collection burden under the provisions power and responsibilities among the of the Paperwork Reduction Act of 1995 Authority: 42 U.S.C. 7401 et seq. (44 U.S.C. 3501 et seq.). Dated: May 1, 2018. various levels of government, as Executive Order 12898 (59 FR 7629, specified in Executive Order 13132 (64 February 16, 1994) establishes federal Alexis Strauss, FR 43255, August 10, 1999). This executive policy on environmental Acting Regional Administrator, Region IX. proposed action does not alter the justice. Its main provision directs [FR Doc. 2018–10217 Filed 5–11–18; 8:45 am] relationship or the distribution of power federal agencies, to the greatest extent BILLING CODE 6560–50–P

VerDate Sep<11>2014 16:11 May 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\14MYP1.SGM 14MYP1 amozie on DSK3GDR082PROD with PROPOSALS 22239

Notices Federal Register Vol. 83, No. 93

Monday, May 14, 2018

This section of the FEDERAL REGISTER also provides for the recovery of costs specifications; audits or accreditation contains documents other than rules or incurred in providing laboratory according to International Organization proposed rules that are applicable to the services. The Cotton Statistics and for Standardization (ISO) standards and/ public. Notices of hearings and investigations, Estimates Act (7 U.S.C. 471–476) and or Hazard Analysis and Critical Control committee meetings, agency decisions and the U.S. Cotton Standards Act (7 U.S.C. Point (HACCP) principles; and other rulings, delegations of authority, filing of petitions and applications and agency 51–65) provide for classification of marketing claims. The quality grades statements of organization and functions are cotton and development of cotton serve as a basis for market prices and examples of documents appearing in this standards materials necessary for cotton reflect the value of agricultural section. classification. The Cotton Futures Act (7 commodities to both producers and U.S.C. 15b) provides for futures consumers. AMS’ grading and certification services and the Tobacco certification, audit and accreditation, DEPARTMENT OF AGRICULTURE Inspection Act (7 U.S.C. 511–511s) plant process and equipment provides for tobacco inspection and verification, and laboratory approval Agricultural Marketing Service grading. These Acts also provide for the services are voluntary tools paid for by [Document No. AMS–LPS–18–0020] recovery of costs associated with these the users on a fee-for-service basis. The services. agriculture industry can use these tools 2018 Rates Charged for AMS Services On November 13, 2014, the to promote and communicate the Department of Agriculture (Department) quality of agricultural commodities to AGENCY: Agricultural Marketing Service, published in the Federal Register a final consumers. Laboratory services are USDA. rule that established standardized provided for analytic testing, including ACTION: Notice. formulas for calculating the fees charged but not limited to chemical, SUMMARY: The Agricultural Marketing by AMS user-funded programs (79 FR microbiological, biomolecular, and Service (AMS) is announcing the 2018 67313). Every year since then, the physical analyses. AMS is required by rates it will charge for voluntary Department has published in the statute to recover the costs associated grading, inspection, certification, Federal Register a notice announcing with these services. auditing, and laboratory services for a the rates for its user–funded programs. In recent years, many buyers have variety of agricultural commodities This notice announces the 2018 fee begun to specifically require that their including meat and poultry, fruits and rates for voluntary grading, inspection, producers be certified to a Global Food vegetables, eggs, dairy products, and certification, auditing, and laboratory Safety Initiative (GFSI) benchmarked cotton and tobacco. The 2018 regular, services for a variety of agricultural scheme. At the request of industry, AMS overtime, holiday, and laboratory commodities including meat and is starting a new voluntary program that services rates will be applied at the poultry, fruits and vegetables, eggs, provides GFSI’s recognition of the beginning of the crop year, fiscal year or dairy products, and cotton and tobacco USDA GAP audit verification program. as required by law depending on the on a per-hour rate and, in some This voluntary program will allow commodity. Other starting dates are instances, the equivalent per-unit cost. producers to use AMS’ trusted and added to this notice based on cotton The per-unit cost is provided to proven services to gain wider market industry practices. This action facilitate understanding of the costs access. Accordingly, AMS is including establishes the rates for user-funded associated with the service to the its voluntary GFSI service audit fee in programs based on costs incurred by industries that historically used unit- this notice. The fee includes the fixed AMS. This year the majority of AMS cost basis for payment. The fee rates cost to maintain GFSI recognition. user fee rates will remain unchanged, will be effective at the beginning of the As required by the Cotton Statistics with the exception of increases for meat, fiscal year, crop year, or as required by and Estimates Act (7 U.S.C. 471–476), poultry and egg grading and the hourly specific laws. The cotton futures-related consultations regarding the rate for AMS’s Laboratory Approval services effective date has been changed establishment of the fee for cotton Service. to August 1 to allow for cotton contracts classification with U.S. cotton industry to expire before starting a new fee rate. representatives are held in the DATES: May 15, 2018. The rates reflect direct and indirect beginning of the year when most FOR FURTHER INFORMATION CONTACT: costs of providing services. Direct costs industry stakeholder meetings take Charles Parrott, AMS, U.S. Department include the cost of salaries, employee place. Representatives of all segments of of Agriculture, Room 3070–S, 1400 benefits, and, if applicable, travel and the cotton industry, including Independence Ave. SW, Washington, some operating costs. Indirect or producers, ginners, bale storage facility DC 20250; telephone (202) 260–9144, overhead costs include the cost of operators, merchants, cooperatives, and fax (202) 692–0313, email Program and Agency activities textile manufacturers were informed of [email protected]. supporting the services provided to the the fees during various industry- SUPPLEMENTARY INFORMATION: The industry. The formula used to calculate sponsored forums. Agricultural Marketing Act of 1946, as these rates also includes operating amended, (AMA) (7 U.S.C. 1621–1627), reserve, which may add to or draw upon Rates Calculations provides for the collection of fees to the existing operating reserves. AMS calculated the rate for services, cover costs of various inspection, These services include the grading, per hour per program employee, using grading, certification or auditing inspection or certification of quality the following formulas (a per-unit base services covering many agricultural factors in accordance with established is included for programs that charge for commodities and products. The AMA U.S. Grade Standards or other services on a per-unit basis):

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22240 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

(1) Regular rate. The total AMS of cost of living increase and then AMS adjusts the rates to cover all of grading, inspection, certification, multiplied by 1.5, plus the benefits rate, its expenses and to provide for classification, audit, or laboratory plus the operating rate, plus an reasonable operating reserves. To avoid service program personnel direct pay allowance for bad debt. If applicable, an undue burden on industry operations divided by direct hours for the previous travel expenses may also be added to in these cases, AMS started to phase in year, which is then multiplied by the the cost of providing the service. some of the increases over a multi-year next year’s percentage of cost of living (3) Holiday rate. The total AMS period. AMS continued this process and increase, plus the benefits rate, plus the grading, inspection, certification, reassessed whether the fee rates and classification, audit, or laboratory operating rate, plus the allowance for phase-in period were appropriate based service program personnel direct pay bad debt rate. If applicable, travel on the formula and established divided by direct hours, which is then expenses may also be added to the cost operating reserve. Fees are being of providing the service. multiplied by the next year’s percentage (2) Overtime rate. The total AMS of cost of living increase and then adjusted accordingly. grading, inspection, certification, multiplied by 2, plus the benefits rate, All rates are per-hour except when a classification, audit, or laboratory plus the operating rate, plus an per-unit cost is noted. The specific service program personnel direct pay allowance for bad debt. If applicable, amounts in each rate calculation are divided by direct hours, which is then travel expenses may also be added to available upon request from the specific multiplied by the next year’s percentage the cost of providing the service. AMS program.

2018 RATES

Includes Regular Overtime Holiday travel costs Start date in rate

Cotton Fees

7 CFR Part 27—Cotton Classification Under Cotton Futures Legislation Subpart A—Regulations; §§ 27.80–27.90 Costs of Classifications and Micronaire

Cotton Standardization

Certification for Futures Contract (Grading services for $4.25/bale X August 1, 2018. samples submitted by CCC-licensed samplers).

Transfer of Certification Data to New Owner or Certified $0.20/bale or $5.00 per page minimum X August 1, 2018. Warehouse (Electronic transfer performed).

7 CFR Part 28—Cotton Classing, Testing, and Standards Subpart A—Regulations Under the United States Cotton Standards Act; §§ 28.115–28.126 Fees and Costs Subpart D—Cotton Classification and Market News Service for Producers; § 28.909 Costs; § 28.910 Classification of Samples and Issuance of Classification Data; § 28.911 Review Classification

Cotton Grading

Form 1: Grading Services for Producers (submitted by li- $2.30/bale X July 1, 2018. censed sampler).

Form 1 Review (new sample submitted by licensed sam- $2.30/bale X July 1, 2018. pler).

Form A Determinations (sample submitted by licensed $2.30/bale X July 1, 2018. warehouse).

Form C Determinations (sample submitted by non-li- $2.30/bale ...... July 1, 2018. censed entity; bale sampled under USDA supervision).

Form D Determination (sample submitted by owner or $2.30/bale X July 1, 2018. agent; classification represents sample only).

Foreign Growth Classification (sample of foreign growth $6.00/sample X August 1, 2018. cotton submitted by owner or agent; classification rep- resents sample only).

Arbitration (comparison of a sample to the official stand- $6.00/sample X August 1, 2018. ards or a sample type).

Practical Cotton Classing Exam (for non-USDA employ- Exam: $150/applicant ees). Reexamination: $130/applicant X July 1, 2018.

Special Sample Handling (return of samples per re- $0.50/sample X July 1, 2018. quest).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22241

2018 RATES—Continued

Includes Regular Overtime Holiday travel costs Start date in rate

Electronic Copy of Classification Record ...... $0.05/bale ($5.00/month minimum with any X July 1, 2018. records received)

Form A Rewrite (reissuance of Form 1, Form A, or Fu- $0.15/bale or $5.00/page minimum X August 1, 2018. tures Certification data or combination).

Form R (reissuance of Form 1 classification only) ...... $0.15/bale or $5.00/page minimum X July 1, 2018.

International Instrument Level Assessment ...... $4.00/sample X July 1, 2018.

Dairy Fees

7 CFR Part 58—Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products Subpart A—Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products; §§ 58.38–58.46 Fees and Charges

Continuous Resident Grading Service ...... $76.00 $90.92 $107.24 X Oct 1, 2018.

Non-resident and Intermittent Grading Service; State 82.00 96.76 116.64 X Oct 1, 2018. Graders; Equipment Review.

Non-resident Services 6 p.m.–6 a.m. (10 percent night 90.20 106.44 128.32 X Oct 1, 2018. differential).

Export Certificate Services ...... 82.00 N/A N/A ...... Oct 1, 2018.

Special Handling ...... 41.00 N/A N/A ...... Oct 1, 2018.

Fax Charge ...... 4.00 N/A N/A ...... Oct 1, 2018.

Derogation Application ...... 123.00 N/A N/A ...... Oct 1, 2018.

Specialty Crops Fees

7 CFR Part 51—Fresh Fruits, Vegetables and Other Products (Inspection, Certification, and Standards Subpart A—Regulations; §§ 51.37–51.44 Schedule of Fees and Charges at Destination Markets; § 51.45 Schedule of Fees and Charges at Shipping Point Areas

Quality and Condition Inspections for Whole Lots ...... $191.00 per lot ...... Oct 1, 2018.

Quality and Condition Half Lot or Condition-Only Inspec- $159.00 per lot ...... Oct 1, 2018. tions for Whole Lots.

Condition—Half Lot ...... $146.00 per lot ...... Oct 1, 2018.

Quality and Condition or Condition-Only Inspections for $87.00 per lot ...... Oct 1, 2018. Additional Lots of the Same Product.

Dockside Inspections—Each package weighing < 30 lbs. $0.044 per pkg...... Oct 1, 2018.

Dockside Inspections—Each package weighing > 30 lbs. $0.068 per pkg...... Oct 1, 2018.

Charge per Individual Product for Dockside Inspection ... $174.00 per lot ...... Oct 1, 2018.

Charge per Each Additional Lot of the Same Product ..... $79.00 per lot ...... Oct 1, 2018.

Inspections for All Hourly Work ...... $85.00 $112.00 $148.00 ...... Oct 1, 2018.

Audit Services—Federal ...... $108.00 ...... Oct 1, 2018.

Audit Services—State ...... $108.00 ...... Oct 1, 2018.

GFSI Certification Fee ...... $250 per audit ...... Oct 1, 20

7 CFR Part 52—Processed Fruits and Vegetables, Processed Products Thereof, and Other Processed Food Products Subpart—Regulations Governing Inspection and Certification; §§ 52.41–52.51 Fees and Charges

Lot Inspections ...... $75.00 $95.00 $116.00 X Oct 1, 2018.

In-plant Inspections Under Annual Contract (year-round) 72.00 92.00 112.00 X Oct 1, 2018.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22242 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

2018 RATES—Continued

Includes Regular Overtime Holiday travel costs Start date in rate

Additional Graders (in-plant) or Less Than Year-Round .. 83.00 106.00 128.00 X Oct 1, 2018.

Audit Services—Federal ...... $108.00 ...... Oct 1, 2018.

Audit Services—State ...... $108.00 ...... Oct 1, 2018.

GFSI Certification Fee ...... $250 per audit ...... Oct 1, 2018.

Meat and Livestock Fees

7 CFR Part 54—Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards) Subpart A—Regulations; §§ 54.27–54.28 Charges for Service

Commitment Grading ...... $74.00 $91.00 $109.00 X Oct 1, 2018.

Non-commitment Grading ...... 99.00 115.00 134.00 ...... Oct 1, 2018.

Night Differential (6 p.m.–6 a.m.) ...... 81.00 100.00 120.00 X Oct 1, 2018.

7 CFR Part 62—Livestock, Meat and Other Agricultural Commodities (Quality Systems Verification Programs) Subpart A—Quality Systems Verification Definitions; § 62.300 Fees and Other Costs for Service

Auditing Activities ...... $108.00 ...... Oct 1, 2018.

Poultry Fees

7 CFR Part 56—Voluntary Grading of Shell Eggs Subpart A—Grading of Shell Eggs; §§ 56.45–56.54 Fees and Charges 7 CFR Part 70—Voluntary Grading of Poultry and Rabbit Products Subpart A—Grading of Poultry and Rabbit Products; §§ 70.70–70.78 Fees and Charges

Resident Service (in-plant) ...... 1 $52.00 1 $69.00 1 $85.00 X Oct 1, 2018. Resident, Night Differential (6 p.m.–6 a.m.) ...... 1 55.00 1 77.00 1 95.00 X Oct 1, 2018. Resident, Sunday Differential ...... 1 64.00 1 86.00 N/A X Oct 1, 2018. Resident, Sunday and Night Differential ...... 1 71.00 1 96.00 N/A X Oct 1, 2018. Fee Service (non-scheduled) ...... 90.00 111.00 134.00 ...... Oct 1, 2018. Audit Service ...... $108.00 ...... Oct 1, 2018.

Science and Technology Fees

7 CFR Part 91—Services and General Information (Science and Technology) Subpart I—Fees and Charges; §§ 91.37–91.45

Laboratory Testing Services ...... $88.00 $104.00 $120.00 ...... Oct 1, 2018. Laboratory Approval Services 3 ...... 188.00 212.00 236.00 X Jan 1, 2019.

7 CFR Part 75—Regulations for Inspection and Certification of Quality of Agricultural and Vegetable Seeds § 75.41 General

Laboratory Testing ...... $58.00 $86.00 $115.00 X Oct 1, 2018.

Administrative Fee ...... $14.50 per ...... Oct 1, 2018. certificate

Tobacco Fees

7 CFR Part 29—Tobacco Inspection Subpart A—Policy Statement and Regulations Governing the Extension of Tobacco Inspection and Price Support Services to New Markets and to Additional Sales on Designated Markets; Subpart B—Regulations; §§ 29.123–29.129 Fees and Charges; § 29.500 Fees and charges for inspection and acceptance of imported tobacco Subpart F—Policy Statement and Regulations Governing the Identification and Certification of Non-quota Tobacco Produced and Marketed in Quota Area; § 29.9251 Fees and Charges

Domestic Permissive Inspection and Certification (re- $55.00 $64.00 $72.00 ...... July 1, 2018. grading of domestic tobacco for processing plants, re- testing of imported tobacco, and grading tobacco for research stations).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22243

2018 RATES—Continued

Includes Regular Overtime Holiday travel costs Start date in rate

Export Permissive Inspection and Certification (grading $0.0025/pound X July 1, 2018. of domestic tobacco for manufacturers and dealers for duty drawback consideration).

Grading for Risk Management Agency (for Tobacco $0.015/pound X July 1, 2018. Crop Insurance Quality Adjustment determinations).

Pesticide Test Sampling (collection of certified tobacco $0.0065/kg or $0.0029/pound X July 1, 2018. sample and shipment to AMS National Science Lab- oratory for testing).

Pesticide Retest Sampling (collection of certified tobacco $115.00/sample and $55.00/hour X July 1, 2018. sample from a previously sampled lot for re-testing at the AMS National Science Laboratory; fee includes shipping).

Standards Course (training by USDA-certified instructor $1,250.00/person ...... July 1, 2018. on tobacco grading procedures).

Import Inspection and Certification (grading of imported $0.0170/kg or $0.0080/pound X July 1, 2018. tobacco for manufacturers and dealers). 1 Administrative charges are applied in addition to hourly rates for resident service as specified in Part 56, Subpart A, § 56.52(a)(4); Part 56, Subpart A, § 56.54(a)(2); Part 70, Subpart A, § 70.76(a)(2); Part 70, Subpart A, § 70.77(a)(4) and Part 70, Subpart A, § 70.77(a)(5). 3 Travel costs outside the United States will be added to the fee, if applicable.

Authority: 7 U.S.C. 15b; 7 U.S.C. 473a–b; ADDRESSES: You may submit comments DEPARTMENT OF AGRICULTURE 7 U.S.C. 55 and 61; 7 U.S.C. 51–65; 7 U.S.C. by any of the following methods: 471–476; 7 U.S.C. 511, 511s; and 7 U.S.C. Submission for OMB Review; • Email: [email protected]. 1621–1627. Comment Request • Dated: May 8, 2018. Fax: 202–245–4514. May 9, 2018. • Mail: Director, U.S. National Bruce Summers, The Department of Agriculture will Arboretum, Northeast Area, Agricultural Acting Administrator. submit the following information Research Service, 3501 New York [FR Doc. 2018–10132 Filed 5–11–18; 8:45 am] collection requirement(s) to OMB for Avenue NE, Washington, DC 20002. BILLING CODE 3410–02–P review and clearance under the • Hand Delivery/Courier: Director, Paperwork Reduction Act of 1995, U.S. National Arboretum, Northeast Public Law 104–13 on or after the date DEPARTMENT OF AGRICULTURE Area, Agricultural Research Service, of publication of this notice. Comments 3501 New York Avenue NE, are requested regarding: (1) Whether the Agricultural Research Service Washington, DC 20002. collection of information is necessary Notice of Intent to Renew Information Correction for the proper performance of the Collection, Correction functions of the agency, including In the Federal Register of April 2, whether the information will have AGENCY: Agricultural Research Service, 2018, FR Doc. No. 63, page 13943, on practical utility; (2) the accuracy of the USDA. page three, paras 5, 6, and 7 of the agency’s estimate of burden including ACTION: Notice and request for comment. Supplement Information should read as the validity of the methodology and follows: assumptions used; (3) ways to enhance SUMMARY: The U.S. Department of the quality, utility and clarity of the Estimate of Burden: 151 hours. Agriculture (USDA) seeks comments on information to be collected; and (4) the intent of the USNA to renew an Estimated Number of Responses: The ways to minimize the burden of the information collection that expires USNA estimates 250 requests for the use collection of information on those who August 31, 2018. The information of the facilities, 52 for photography and are to respond, including through the collection serves as a means to collect cinematography, and 1,800 educational use of appropriate automated, for certain use of the facilities, grounds, programs and workshops registrations electronic, mechanical, or other programs and services. This includes on an annual basis. technological collection techniques or fees for educational programs and Estimate of Total Annual Burden on other forms of information technology workshops and for use of the grounds Respondents: The total cost for should be addressed to: Desk Officer for and facilities, as well as for commercial responding is $5,422.41, for 151 hours Agriculture, Office of Information and photography and cinematography. Fees of time at $35.91 per hour. Regulatory Affairs, Office of generated will be used to defray USNA Management and Budget (OMB), New Dated: April 24, 2018. expenses or to promote the missions of Executive Office Building, Washington, the USNA. Simon Y. Liu, DC; New Executive Office Building, 725 DATES: Comments on this notice must be Associate Administrator, ARS. 17th Street NW, Washington, DC 20503. received by June 1, 2018 to be assured [FR Doc. 2018–10196 Filed 5–11–18; 8:45 am] Commenters are encouraged to submit of consideration. BILLING CODE P their comments to OMB via email to:

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22244 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

[email protected] or fax Description of Respondents: Business Estimate of Burden: Public reporting (202) 395–5806 and to Departmental or other for-profit; Federal Government; for this collection of information is Clearance Office, USDA, OCIO, Mail State, Local or Tribal Government. estimated to average 3 hours per Stop 7602, Washington, DC 20250– Number of Respondents: 805. response. 7602. Frequency of Responses: Respondents: Individuals, rural Comments regarding these Recordkeeping; Reporting: On occasion; businesses, for profit businesses, non- information collections are best assured Quarterly. profit businesses, Indian tribes, public Total Burden Hours: 1,942. of having their full effect if received by bodies, cooperatives. Estimated Number of Respondents: June 13, 2018. Copies of the Ruth Brown, submission(s) may be obtained by 16. Departmental Information Collection Estimated Number of Responses per calling (202) 720–8681. Clearance Officer. Respondent: 4.31. An agency may not conduct or [FR Doc. 2018–10172 Filed 5–11–18; 8:45 am] Estimated Number of Responses: 69. sponsor a collection of information BILLING CODE 3410–02–P Estimated Total Annual Burden on unless the collection of information Respondents: 228 hours. displays a currently valid OMB control Copies of this information collection number and the agency informs DEPARTMENT OF AGRICULTURE can be obtained from Jeanne Jacobs, potential persons who are to respond to Regulations and Paperwork Rural Business-Cooperative Service the collection of information that such Management Branch, Support Services persons are not required to respond to Notice of Request for Revision of a Division, at (202) 692–0040. the collection of information unless it Currently Approved Information Comments displays a currently valid OMB control Collection number. Comments are invited on: (a) Whether AGENCY: Rural Business-Cooperative the proposed collection of information Agricultural Marketing Service Service, USDA. is necessary for the proper performance Title: Regulations for the Inspection of ACTION: Proposed collection; Comments of the functions of Rural Business- Eggs. requested. Cooperative Service, including whether the information will have practical OMB Control Number: 0581–0113. SUMMARY: In accordance with the utility; (b) the accuracy of Rural Summary of Collection: Congress Paperwork Reduction Act of 1995, this Business-Cooperative Service’s estimate enacted the Egg Products Inspection Act notice announces the Rural Business- of the burden of the proposed collection (21 U.S.C. 1031–1056) (EPIA) to provide Cooperative Service’s intention to of information including the validity of a mandatory inspection program to request a revision for a currently the methodology and assumptions used; assure egg products are processed under approved information collection in (c) ways to enhance the quality, utility, sanitary conditions, are wholesome, support of the Business and Industry and clarity of the information to be unadulterated, and properly labeled; to (B&I) Loan Program. collected; and (d) ways to minimize the control the disposition of dirty and DATES: Comments on this notice must be burden of the collection of information checked shell eggs; to control received by July 13, 2018 to be assured on those who are to respond, including unwholesome, adulterated, and inedible of consideration. through the use of appropriate egg products and shell eggs that are FOR FURTHER INFORMATION CONTACT: automated, electronic, mechanical, or unfit for human consumption; and to Janna Bruce, Business and Industry other technological collection control the movement and disposition Division, Rural Business-Cooperative techniques or other forms of information of imported shell eggs and egg products Service, U.S. Department of Agriculture, technology. Comments may be sent to that are unwholesome and inedible. Stop 3224, telephone (202) 401–0081, or Jeanne Jacobs, Regulations and Regulations developed under 7 CFR part email [email protected]. Paperwork Management Branch, 57 provide the requirements and Persons with disabilities who require Support Services Division, U.S. guidelines for the Department and alternative means of communication for Department of Agriculture, Rural industry needed to obtain compliance. program information should contact Development, STOP 0742, 1400 The Agricultural Marketing Service USDA’s TARGET Center at (202) 720– Independence Ave. SW, Washington, (AMS) will collect information using 2600 (voice and TTY) or contact USDA DC 20250. All responses to this notice several forms. Forms used to collect through the Federal Relay Service at will be summarized and included in the information provide method for (800) 877–8339. request for OMB approval. All measuring workload, record of SUPPLEMENTARY INFORMATION: comments will also become a matter of compliance and non-compliance and a Title: Business and Industry Loan public record. basis to monitor the utilization of funds. Program. Dated: May 5, 2018. Need and Use of the Information: OMB Number: 0570–0014. Bette B. Brand, AMS will use the information to assure Expiration Date of Approval: compliance with the Act and Administrator, Rural Business-Cooperative September 30, 2018. Service. regulations, to take administrative and Type of Request: Revision of a [FR Doc. 2018–10222 Filed 5–11–18; 8:45 am] regulatory action and to develop and currently approved information revise cooperative agreements with the collection and recordkeeping BILLING CODE 3410–XY–P States, which conduct surveillance requirements. inspections of shell egg handlers and Abstract: The collected information is processors. If the information is not submitted to the B&I loan official by DEPARTMENT OF COMMERCE collected, AMS would not be able to loan applicants and commercial lenders Submission for OMB Review; control the processing, movement, and for use in making program eligibility, Comment Request disposition of restricted shell eggs and financial feasibility determinations and egg products and take regulatory action loan security determinations as required The Department of Commerce will in case of noncompliance. by the Con Act. submit to the Office of Management and

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22245

Budget (OMB) for clearance the population. Some of the demographic This information collection request following proposal for collection of information collected are age, marital may be viewed at www.reginfo.gov. information under the provisions of the status, sex, Armed Forces status, Follow the instructions to view Paperwork Reduction Act. educational attainment, race, and Department of Commerce collections Agency: U.S. Census Bureau. Hispanic ethnicity. BLS and the Census currently under review by OMB. Title: Current Population Survey Bureau analyze and publish these Written comments and (CPS), Basic Demographic Items. demographic data in conjunction with recommendations for the proposed OMB Control Number: 0607–0049. the monthly labor force data collected in information collection should be sent Form Number(s): There are no forms the monthly CPS as well as data for data collection. We conduct all within 30 days of publication of this collected through periodic notice to OIRA_Submission@ interviews on computers. supplemental surveys to the CPS. The Type of Request: Regular Submission. omb.eop.gov or fax to (202)395–5806. Census Bureau also uses the Number of Respondents: 59,000 per demographic data for internal research Sheleen Dumas, month, all of which also receive the projects, including the evaluation of Departmental Lead PRA Officer, Office of the labor force items directly after the basic Chief Information Officer. demographic items. other surveys. The Census Bureau uses [FR Doc. 2018–10189 Filed 5–11–18; 8:45 am] Average Hours per Response: 1.5 population estimates from the CPS to minutes. serve as population controls for other BILLING CODE 3510–07–P Burden Hours: 0.025 hours. Census programs, such as the American Needs and Uses: The CPS has been Time Use Survey. Controls are used in the source of official government estimation procedures during data DEPARTMENT OF COMMERCE processing. The ratio of a control to a statistics on employment and Economic Development Administration unemployment for over 60 years. The sample survey estimate is applied to Bureau of Labor Statistics (BLS) and the that sample estimate, resulting in the Notice of Petitions by Firms for Census Bureau jointly sponsor the basic sample survey estimate matching the Determination of Eligibility To Apply monthly survey. The Census Bureau control. for Trade Adjustment Assistance prepares and conducts all the field In addition to the basic demographic work. At the OMB’s request, the Census information, the monthly CPS includes AGENCY: Economic Development Bureau and the BLS divide the a small set of questions that are only Administration, U.S. Department of clearance request in order to reflect the asked on an ‘‘as-needed’’ basis, to react Commerce. joint sponsorship and funding of the to a severe weather-related event, such ACTION: Notice and opportunity for CPS program. The BLS submits a as a hurricane or flood. If such an event public comment. separate clearance request for the (weather disaster) occurs, and BLS and portion of the CPS that collects labor the Census Bureau determine a need to SUMMARY: The Economic Development force information for the civilian include these questions on the number Administration (EDA) has received noninstitutionalized population. Some of persons in the U.S. displaced as a petitions for certification of eligibility to of the information within that portion result of the disaster, where they apply for Trade Adjustment Assistance includes employment status, number of evacuated to, and when they returned from the firms listed below. hours worked, job search activities, home, the questions are added Accordingly, EDA has initiated earnings, duration of unemployment, temporarily to the survey. The items investigations to determine whether and the industry and occupation typically are included for several increased imports into the United States classification of the job held the months in the CPS, and once BLS and of articles like or directly competitive previous week. The justification that the Census Bureau determine that they with those produced by each of the follows is in support of the demographic are no longer needed, they are removed. firms contributed importantly to the data collected through the basic Affected Public: Households. total or partial separation of the firms’ monthly CPS. Frequency: Monthly. The demographic information Respondent’s Obligation: Voluntary. workers, or threat thereof, and to a collected in the CPS provides a unique Legal Authority: Title 13, U.S.C., decrease in sales or production of each set of data on selected characteristics for Section 182 and Title 29, U.S.C., petitioning firm. the civilian noninstitutionalized Sections 1–9. SUPPLEMENTARY INFORMATION:

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [04/16/2018 through 05/06/2018]

Date accepted Firm name Firm address for Product(s) investigation

Oneda Corporation ...... 4000 Oneda Drive, Columbus, 4/19/2018 The firm manufactures metal stamped parts and assemblies, GA 31907. including brackets, chassis, covers, frames, and cases. Dalton Corporation ...... 1900 East Jefferson Street, 4/26/2018 The firm manufactures large and highly-cored gray iron cast Warsaw, IN 46580. parts, such as those used in gear boxes.

Any party having a substantial submitted to the Trade Adjustment Washington, DC 20230, no later than ten interest in these proceedings may Assistance Division, Room 71030, (10) calendar days following publication request a public hearing on the matter. Economic Development Administration, of this notice. These petitions are A written request for a hearing must be U.S. Department of Commerce,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22246 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

received pursuant to section 251 of the DEPARTMENT OF COMMERCE with section 777A(c)(2) of the Tariff Act Trade Act of 1974, as amended. of 1930, as amended (the Act), we International Trade Administration Please follow the requirements set would select mandatory respondents for forth in EDA’s regulations at 13 CFR [A–523–808] individual examination based upon U.S. Customers and Border Protection (CBP) 315.9 for procedures to request a public entry data.3 On September 22, 2017, we hearing. The Catalog of Federal Certain Steel Nails From the Sultanate of Oman: Preliminary Results of released CBP entry data under Domestic Assistance official number Administrative Protective Order (APO) and title for the program under which Antidumping Duty Administrative Review and Partial Rescission of to all parties with access to information these petitions are submitted is 11.313, Antidumping Duty Administrative protected by APO. Subsequently, we Trade Adjustment Assistance for Firms. Review; 2016–2017 issued the AD questionnaire to Oman Irette Patterson, Fasteners and Overseas International AGENCY: Enforcement and Compliance, Steel Industry LLC and Overseas Program Analyst. International Trade Administration, Distribution Services Inc. (OISI/ODS),4 [FR Doc. 2018–10205 Filed 5–11–18; 8:45 am] Department of Commerce. the two mandatory respondents.5 On BILLING CODE 3510–WH–P SUMMARY: The Department of Commerce November 9, 2017, the petitioner timely (Commerce) preliminarily determines withdrew its request for administrative that certain steel nails (nails) from the review, pursuant to 19 CFR DEPARTMENT OF COMMERCE Sultanate of Oman (Oman) are being, or 351.213(d)(1), of all the producers and are likely to be, sold in the United States exporters except for Oman Fasteners, Foreign-Trade Zones Board at less than normal value during the and OISI/ODS. period of review (POR) of July 1, 2016, Commerce exercised its discretion to [S–43–2018] through June 30, 2017. Additionally, we toll all deadlines affected by the closure are rescinding the review with respect of the Federal Government from January Approval of Subzone Status; Manuel to ten companies. 20 through 22, 2018.6 Accordingly, the Freije Arce, Inc.; Catan˜ o, Puerto Rico DATES: Applicable May 14, 2018. revised deadline for the preliminary determination of this investigation FOR FURTHER INFORMATION CONTACT: On March 6, 2018, the Executive became April 7, 2018.7 On March 14, Joseph Traw or Thomas Martin, AD/ Secretary of the Foreign-Trade Zones 2018, Commerce extended the CVD Operations, Office IV, Enforcement (FTZ) Board docketed an application preliminary results in this review to no and Compliance, International Trade submitted by the Puerto Rico Trade and later than May 7, 2018.8 Commerce Administration, U.S. Department of received comments for the preliminary Export Company, grantee of FTZ 61, Commerce, 1401 Constitution Avenue determination from the petitioner 9 and requesting subzone status subject to the NW, Washington, DC 20230; telephone: Oman Fasteners on April 18, 2018.10 existing activation limit of FTZ 61, on (202) 482–6079 or (202) 482–3936, behalf of Manuel Freije Arce, Inc., in respectively. Partial Rescission of Administrative Catan˜ o, Puerto Rico. Review SUPPLEMENTARY INFORMATION On July 13, The application was processed in 2015, Commerce published in the Commerce received timely requests to accordance with the FTZ Act and Federal Register an antidumping (AD) conduct an administrative review of Regulations, including notice in the order on nails from Oman.1 On July 3, certain exporters covering the POR. Federal Register inviting public 2017, Commerce notified interested Because the petitioner timely withdrew comment (83 FR 10658, March 12, parties of the opportunity to request an its requests for review of all of the 2018). The FTZ staff examiner reviewed administrative review of orders, companies listed in the Initiation the application and determined that it findings, or suspended investigations Notice, with the exception of Oman meets the criteria for approval. with anniversaries in July 2017, Fasteners and OISI/ODS, we are Pursuant to the authority delegated to including the AD Order on nails from Oman. Commerce received timely 3 See Initiation Notice, 82 FR at 42974. the FTZ Board’s Executive Secretary (15 4 See Letter from the petitioner, ‘‘Certain Steel CFR Sec. 400.36(f)), the application to requests from Oman Fasteners LLC Nails from Oman: Withdrawal of Request for establish Subzone 61U was approved on (Oman Fasteners) and Mid Continent Administrative Review, dated November 9, 2017. May 9, 2018, subject to the FTZ Act and Steel & Wire, Inc. (the petitioner) to Commerce determined that Overseas International conduct an administrative review of Steel Industry LLC and Overseas Distribution the Board’s regulations, including Services Inc. should be a collapsed entity in the certain exporters covering the POR. On Section 400.13, and further subject to previous administrative review. See Certain Steel September 13, 2017, Commerce Nails from the Sultanate of Oman: Final Results of FTZ 61’s 1,821.07-acre activation limit. published a notice initiating an AD Antidumping Duty Administrative Review; 2014– Dated: May 9, 2018. administrative review of nails from 2016, 83 FR 4030 (January 29, 2018). 5 See Commerce’s Letters to Oman Fasteners and Andrew McGilvray, Oman covering 13 companies for the OISI/ODS dated September 28, 2017. 2 Executive Secretary. POR. 6 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated [FR Doc. 2018–10203 Filed 5–11–18; 8:45 am] In the Initiation Notice, Commerce indicated that, in the event that we January 23, 2018. All deadlines in this segment of BILLING CODE 3510–DS–P would limit the respondents selected for the proceeding have been extended by 3 days. 7 Id. individual examination in accordance 8 See Memorandum, ‘‘Certain Steel Nails from Oman: Extension of Deadline for Preliminary 1 See Certain Steel Nails from the Republic of Results of Antidumping Duty Administrative Korea, Malaysia, the Sultanate of Oman, Taiwan, Review,’’ dated March 14, 2018. and the Socialist Republic of Vietnam: 9 See Petitioner’s Letter, ‘‘Certain Steel Nails from Antidumping Duty Orders, 80 FR 39994 (July 13, Oman: Pre-Preliminary Comments,’’ dated April 18, 2015) (Order). 2018. 2 See Initiation of Antidumping and 10 See Oman Fasteners’ Letter, ‘‘Certain Steel Countervailing Duty Administrative Reviews, 82 FR Nails from Oman; Antidumping Second Review: 42974 (September 13, 2017) (Initiation Notice). Pre-Preliminary Comments,’’ dated April 18, 2018.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22247

rescinding the administrative review Preliminary Decision Memorandum are reasonably at its disposal. Secondary with respect to those 10 companies, identical in content. information is defined as information pursuant to 19 CFR 351.213(d)(1).11 Methodology derived from the petition that gave rise Accordingly, the remaining companies to the investigation, the final subject to the instant review are Oman Commerce is conducting this review determination concerning the subject Fasteners and OISI/ODS. in accordance with section 751(a) of the merchandise, or any previous review Act. Export price and constructed Scope of the Order under section 751 of the Act concerning export price are calculated in the subject merchandise. However, The merchandise covered by this accordance with section 772 of the Act. Commerce is not required to corroborate Order is nails having a nominal shaft Normal value is calculated in any dumping margin applied in a accordance with section 773 of the Act. length not exceeding 12 inches.12 separate segment of the same For a full description of the Merchandise covered by the Order is methodology underlying our proceeding. currently classified under the conclusions, see the Preliminary Under section 776(d) of the Act, Harmonized Tariff Schedule of the Decision Memorandum.14 A list of Commerce may use any dumping United States (HTSUS) subheadings topics included in the Preliminary margin from any segment of a 7317.00.55.02, 7317.00.55.03, Decision Memorandum is included as proceeding under an AD order when 7317.00.55.05, 7317.00.55.07, an Appendix to this notice. applying an adverse inference, 7317.00.55.08, 7317.00.55.11, including the highest of such margins. 7317.00.55.18, 7317.00.55.19, Adverse Facts Available The TPEA also makes clear that when 7317.00.55.20, 7317.00.55.30, Section 776(a) of the Act provides that 7317.00.55.40, 7317.00.55.50, selecting an AFA margin, Commerce is Commerce shall, subject to section not required to estimate what the 7317.00.55.60, 7317.00.55.70, 782(d) of the Act, use ‘‘facts otherwise 7317.00.55.80, 7317.00.55.90, dumping margin would have been if the available’’ if: (1) Necessary information interested party failing to cooperate had 7317.00.65.30, 7317.00.65.60 and is not on the record; or (2) an interested 7317.00.75.00. Nails subject to this cooperated or to demonstrate that the party or any other person: (A) dumping margin reflects an ‘‘alleged Order also may be classified under Withholds information that has been HTSUS subheadings 7907.00.60.00, commercial reality’’ of the interested requested; (B) fails to provide party. 8206.00.00.00 or other HTSUS information within the deadlines subheadings. While the HTSUS established, or in the form and manner In accordance with section 776 of the subheadings are provided for requested by Commerce, subject to Act, Commerce preliminarily convenience and customs purposes, the subsections (c)(1) and (e) of section 782 determines that the application of facts written description of the scope of this of the Act; (C) significantly impedes a available is warranted for the collapsed Order is dispositive. For a complete proceeding; or (D) provides information entity OISI/ODS because OISI/ODS did description of the scope of the Order, that cannot be verified as provided by not respond to the antidumping see the Preliminary Decision section 782(i) of the Act. questionnaire and, thus, has not Memorandum.13 Section 776(b) of the Act provides provided the necessary information on The Preliminary Decision that Commerce may use an adverse the record, pursuant to section 776(a)(1) Memorandum is a public document and inference in applying the facts of the Act. Specifically, OISI/ODS has is on file electronically via Enforcement otherwise available when a party fails to withheld requested information, failed and Compliance’s Antidumping and cooperate by not acting to the best of its to provide such information in the form Countervailing Duty Centralized ability to comply with a request for and manner required, and impeded this Electronic Service System (ACCESS). information (i.e., adverse facts available, review, thus, the use of facts available ACCESS is available to registered users or AFA). In so doing, and under the for the preliminary results is warranted, at http://access.trade.gov and available Trade Preferences Extension Act of 2015 pursuant to sections 776(a)(2)(A), (B), to all parties in the Central Records (TPEA), Commerce is not required to and (C) of the Act. For a full discussion, Unit, room B8024 of the main determine, or make any adjustments to, see the Preliminary Decision Department of Commerce building. In a weighted-average dumping margin Memorandum. addition, a complete version of the based on any assumptions about Furthermore, by withholding Preliminary Decision Memorandum can information an interested party would requested information, failing to provide be accessed directly on the internet at have provided if the interested party such information in the manner and http://enforcement.trade.gov/frn/. The had complied with the request for form required, and impeding this signed and electronic versions of the information. Further, section 776(b)(2) of the Act states that an adverse review, OISI/ODS failed to cooperate with Commerce by not acting to the best 11 Airlift Trans Oceanic Pvt. Ltd., Astrotech Steels inference may include reliance on Private Ltd, C.H. Robinson, Consolidated Shipping information derived from the petition, of its ability to comply with a request Services LLC, Dahnay Logistics Private Ltd., Flyjac the final determination from the less for information by Commerce, pursuant Logistics Private Ltd., Intermarket (India) Private than fair value investigation, a previous to section 776(b)(1) of the Act. Ltd., Noble Shipping Private Ltd., Panalpina World Accordingly, we preliminarily Transport (I) Pvt. Ltd., and Swift Freight India administrative review, or other Private Ltd. information placed on the record. determine to apply AFA to OISI/ODS, in 12 The shaft length of certain steel nails with flat Section 776(c) of the Act provides accordance with sections 776(a) and (b) heads or parallel shoulders under the head shall be that, in general, when Commerce relies of the Act and 19 CFR 351.308. measured from under the head or shoulder to the Furthermore, as we do not have tip of the point. The shaft length of all other certain on secondary information rather than on steel nails shall be measured overall. information obtained in the course of an information on the record to calculate a 13 See Memorandum, ‘‘Decision Memorandum for investigation, it shall, to the extent margin for OISI/ODS, we have Preliminary Results of the 2014–2016 Antidumping practicable, corroborate that information calculated its margin based on total Duty Administrative Review of Certain Steel Nails AFA. Specifically, we are applying as from the Sultanate of Oman,’’ dated concurrently from independent sources that are with, and hereby adopted by this notice AFA, a margin of 154.33 percent, which (Preliminary Decision Memorandum). 14 See Preliminary Decision Memorandum. was alleged by the petitioner in the

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22248 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

petition filed in the investigation,15 and issue, (2) a brief summary of the to liquidate such entries at the all-others which we applied to OISI/ODS in the argument, and (3) a table of rate if there is no rate for the first administrative review in this authorities.19 Executive summaries intermediate company(ies) involved in proceeding. Because we applied this should be limited to five pages total, the transaction.24 Where either the margin to OISI/ODS in the prior review, including footnotes.20 Case and rebuttal respondent’s weighted-average dumping it is unnecessary to corroborate this briefs should be filed using ACCESS.21 margin is zero or de minimis, or an margin pursuant to section 776(c)(2) of Pursuant to 19 CFR 351.310(c), any importer-specific assessment rate is zero the Act. For further discussion, see the interested party may request a hearing or de minimis, we will instruct CBP to Preliminary Decision Memorandum. within 30 days of the publication of this liquidate the appropriate entries Duty Absorption notice in the Federal Register. If a without regard to antidumping duties. hearing is requested, Commerce will On October 10, 2017, the petitioner For the ten companies for which this notify interested parties of the hearing review is rescinded, antidumping duties requested that Commerce conduct a schedule. Interested parties who wish to duty absorption review with respect to will be assessed at rates equal to the request a hearing, or to participate if one cash deposit of estimated antidumping all producers/exporters subject to this is requested, must submit a written review.16 We have determined not to duties required at the time of entry, or request to the Assistant Secretary for withdrawn from warehouse, for examine duty absorption with regard to Enforcement and Compliance, filed Oman Fasteners and the ten companies consumption, in accordance with 19 electronically via ACCESS within 30 CFR 351.212(c)(1)(i). Commerce intends for which we are rescinding the review, days after the date of publication of this but we have found that duty absorption to issue appropriate assessment notice. Requests should contain: (1) The instructions directly to CBP 15 days exists with respect to OISI/ODS based party’s name, address, and telephone on AFA.17 after publication of this notice. The final number; (2) the number of participants; results of this review shall be the basis Preliminary Results of Review and (3) a list of the issues to be for the assessment of antidumping As a result of this review, we discussed. Issues raised in the hearing duties on entries of merchandise preliminarily determine the following will be limited to those raised in the covered by the final results of this weighted-average dumping margins for respective case and rebuttal briefs. We review and for future deposits of the period July 1, 2016, through June 30, intend to issue the final results of this estimated duties, where applicable. 2017: administrative review, including the results of our analysis of issues raised Cash Deposit Requirement by the parties in the written comments, Weighted- The following cash deposit average within 120 days of publication of these requirements will be effective upon Exporter/producer dumping preliminary results in the Federal publication of the notice of the final margins Register, unless otherwise extended.22 (percent) results of administrative review for all Assessment Rates shipments of nails from Oman entered, Oman Fasteners LLC ...... 0.00 or withdrawn from warehouse, for Overseas International Steel In- Upon completion of the dustry LLC/Overseas Distribu- administrative review, Commerce shall consumption on or after the date of tion Services Inc...... 154.33 determine, and CBP shall assess, publication of the final results of this antidumping duties on all appropriate administrative review, as provided by Disclosure and Public Comment entries. Commerce intends to issue section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies Commerce intends to disclose the assessment instructions to CBP 15 days after the date of publication of the final under review will be the rate calculations used in our analysis to established in the final results of this interested parties in this review within results of this review. For any individually examined review (except, if the rate is zero or de five days of the date of publication of minimis, no cash deposit will be this notice in accordance with 19 CFR respondents whose weighted-average dumping margin is above de minimis required); (2) for merchandise exported 351.224(b). Interested parties are invited by manufacturers or exporters not to comment on the preliminary results (i.e., 0.50 percent), we will calculate importer-specific ad valorem duty covered in this review but covered in a of this review. Pursuant to 19 CFR prior segment of the proceeding, the 351.309(c)(1)(ii), interested parties may assessment rates on the basis of the ratio of the total amount of dumping cash deposit rate will continue to be the submit case briefs no later than 30 days company-specific rate published for the after the date of publication of this calculated for an importer’s examined sales and the total entered value of such most recently completed segment of this notice. Rebuttal briefs, limited to issues proceeding in which the manufacturer raised in the case briefs, may be filed no sales, in accordance with 19 CFR 351.212(b)(1).23 For entries of subject or exporter participated; (3) if the later than five days after the time limit exporter is not a firm covered in this for filing case briefs.18 Parties who merchandise during the POR produced by each respondent for which it did not review, a prior review, or the less-than- submit case briefs or rebuttal briefs in fair-value investigation, but the this proceeding are requested to submit know its merchandise was destined for manufacturer is, the cash deposit rate with each brief: (1) A statement of the the United States, we will instruct CBP will be the rate established for the most recently completed segment of the 15 See Certain Steel Nails from India, the Republic 19 See 19 CFR 351.309(c)(2) and (d)(2). of Korea, Malaysia, the Sultanate of Oman, Taiwan, 20 Id. proceeding for the manufacturer of the the Republic of Turkey, and the Socialist Republic 21 See 19 CFR 351.303. merchandise; and (4) the cash deposit of Vietnam: Initiation of Less-Than-Fair-Value 22 See section 751(a)(3)(A) of the Act. rate for all other manufacturers or Investigations, 79 FR 36019, 36023–36024 (June 25, 23 In these preliminary results, Commerce applied exporters will continue to be 9.10 2014). the assessment rate calculation methodology percent ad valorem, the all-others rate 16 See Letter from the petitioner, ‘‘Certain Steel adopted in Antidumping Proceedings: Calculation Nails from Oman: Request for Duty Absorption of the Weighted-Average Dumping Margin and Inquiry,’’ dated October 10, 2017. Assessment Rate in Certain Antidumping 24 See Antidumping and Countervailing Duty 17 See Preliminary Decision Memorandum at 17. Proceedings: Final Modification, 77 FR 8101 Proceedings: Assessment of Antidumping Duties, 68 18 See 19 CFR 351.309(d)(1). (February 14, 2012). FR 23954 (May 6, 2003).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22249

established in the less-than-fair value supercalendered paper (SC paper) from 4802.69.3000. Although the HTSUS investigation.25 Canada. subheadings are provided for convenience and customs purposes, the Notification to Importers DATES: May 14, 2018. FOR FURTHER INFORMATION CONTACT: written description of the scope of the This notice also serves as a Emily Halle or Nicholas Czajkowski, order is dispositive. preliminary reminder to importers of AD/CVD Operations, Enforcement and their responsibility under 19 CFR Initiation of CCR Compliance, International Trade 351.402(f) to file a certificate regarding Administration, U.S. Department of Section 782(h)(2) of the Act and 19 the reimbursement of antidumping Commerce, 1401 Constitution Avenue CFR 351.222(g)(1)(i) provide that duties prior to liquidation of the NW, Washington, DC 20230; telephone Commerce may revoke an order (in relevant entries during this review (202) 482–0176 or (202) 482–1395, period. Failure to comply with this whole or in part) if it determines that respectively. requirement could result in Commerce’s producers accounting for substantially presumption that reimbursement of SUPPLEMENTARY INFORMATION: all of the production of the domestic like product have no further interest in antidumping duties occurred and the Background subsequent assessment of double the order, in whole or in part. Section antidumping duties. On December 10, 2015, Commerce 351.222(g) of Commerce’s regulations published the CVD Order on SC paper provides that Commerce will conduct a Notification to Interested Parties from Canada.1 On March 21, 2018, CCR under 19 CFR 351.216, and may These preliminary results and partial Verso requested that Commerce conduct revoke an order in whole or in part, if rescission of administrative review are a CCR, pursuant to section 782(h)(2) of it determines that the producers issued and published in accordance the Tariff Act of 1930, as amended (the accounting for substantially all of the with sections 751(a)(1) and 777(i)(1) of Act) and 19 CFR 351.222(g)(l)(i). Verso production of the domestic like product the Act and 19 CFR 351.213(h)(1). expressed a lack of interest in the have expressed a lack of interest in the 4 Dated: May 7, 2018. enforcement or existence of the CVD order, in whole or in part. Section Order, and requested the retroactive 351.216(d) of Commerce’s regulations Gary Taverman, revocation of the CVD Order, effective provides that if Commerce determines Deputy Assistant Secretary for Antidumping August 3, 2015.2 and Countervailing Duty Operations, that changed circumstances sufficient to performing the non-exclusive functions and Scope of the Order warrant a review exist, it will conduct duties of the Assistant Secretary for a CCR, in accordance with 19 CFR Enforcement and Compliance. The product covered by the order is 351.221. SC paper. SC paper is uncoated paper Appendix—List of Topics Discussed in that has undergone a calendering Based on the information Verso the Preliminary Decision Memorandum process in which the base sheet, made provided in its request, Commerce has determined that changed circumstances I. Summary of pulp and filler (typically, but not 5 limited to, clay, talc, or other mineral sufficient to warrant the review exist. II. Background Both the Act and Commerce’s III. Scope of the Order additive), is processed through a set of IV. Affiliation supercalenders, a supercalender, or a regulations require that ‘‘substantially V. Use of Facts Otherwise Available and soft nip calender operation.3 all’’ domestic producers express a lack Adverse Interferences The scope of this order covers all SC of interest in the CVD Order for 6 VI. Discussion of the Methodology paper regardless of basis weight, Commerce to revoke the CVD Order. VII. Duty Absorption brightness, opacity, smoothness, or Commerce has interpreted VIII. Recommendation grade, and whether in rolls or in sheets. ‘‘substantially all’’ to represent [FR Doc. 2018–10201 Filed 5–11–18; 8:45 am] Further, the scope covers all SC paper producers accounting for at least 85 BILLING CODE 3510–DS–P that meets the scope definition percent of U.S. production of the regardless of the type of pulp fiber or domestic like product.7 The data filler material used to produce the provided in Verso’s request indicated DEPARTMENT OF COMMERCE paper. that it accounts for at least 85 percent of domestic production. International Trade Administration Specifically excluded from the scope are imports of paper printed with final In accordance with section 751(b) of [C–122–854] content of printed text or graphics. the Act and 19 CFR 351.221 and Subject merchandise primarily enters 351.222, based on an affirmative Supercalendered Paper From Canada: under Harmonized Tariff Schedule of statement of no interest by the domestic Initiation of Changed Circumstances the United States (HTSUS) subheading parties in continuing the CVD Order, we Review 4802.61.3035, but may also enter under are initiating this CCR. AGENCY: Enforcement and Compliance, subheadings 4802.61.3010, International Trade Administration, 4802.62.3000, 4802.62.6020, and 4 See section 782(h) of the Act and 19 CFR Department of Commerce. 351.222(g)(1)–(2). 1 5 See 19 CFR 351.216(d). SUMMARY: Based upon a request from See Supercalendered Paper from Canada: Countervailing Duty Order, 80 FR 76668 (December 6 See section 782(h) of the Act and 19 CFR Verso Corporation (Verso) (i.e., the 10, 2015) (CVD Order). 351.222(g). petitioner), the Department of 2 See Letter from Verso, ‘‘Supercalendered Paper 7 See, e.g., Certain Cased Pencils from the Commerce (Commerce) is initiating a from Canada/Request for Changed Circumstances People’s Republic of China: Initiation and changed circumstances review (CCR) to Review,’’ March 21, 2018 (Verso Request). Preliminary Results of Antidumping Duty Changed consider the possible revocation of the 3 Supercalendering and soft nip calendering Circumstances Review, and Intent to Revoke Order processing, in conjunction with the mineral filler in Part, 77 FR 42276 (July 18, 2012), unchanged in countervailing duty (CVD) order on contained in the base paper, are performed to Certain Cased Pencils from the People’s Republic of enhance the surface characteristics of the paper by China: Final Results of Antidumping Duty Changed 25 See Certain Steel Nails from the Republic of imparting a smooth and glossy printing surface. Circumstances Review, and Determination To Oman: Final Determination of Sales at Less Than Supercalendering and soft nip calendering also Revoke Order, in Part, 77 FR 53176 (August 31, Fair Value, 80 FR 28955 (May 20, 2015). increase the density of the base paper. 2012).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22250 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Public Comment meet on Tuesday, June 5, 2018, from is likely to be about 3 minutes each. The Interested parties are invited to 8:30 a.m. to 5:00 p.m. Eastern Time, and exact time for public comments will be provide comments and/or factual Wednesday June 6, 2018, from 8:30 a.m. included in the final agenda that will be information regarding the CCR. to 11:30 a.m. Eastern Time. The VCAT posted on the NIST website at http:// Comments and factual information may is composed of not fewer than 9 www.nist.gov/director/vcat/agenda.cfm. be submitted to Commerce no later than members appointed by the NIST Questions from the public will not be ten days after the date of publication of Director, eminent in such fields as considered during this period. Speakers this notice. Rebuttal comments and business, research, new product who wish to expand upon their oral rebuttal factual information may be filed development, engineering, labor, statements, those who had wished to with Commerce no later than five days education, management consulting, speak but could not be accommodated after the comments and/or factual environment, and international on the agenda, and those who were information are filed.8 All submissions relations. unable to attend in person are invited to submit written statements to VCAT, must be filed electronically using DATES: The VCAT will meet on NIST, 100 Bureau Drive, MS 1060, Enforcement and Compliance’s Tuesday, June 5, 2018, from 8:30 a.m. to Gaithersburg, Maryland, 20899, via fax Antidumping and Countervailing Duty 5:00 p.m. and Wednesday, June 6th, at 301–216–0529 or electronically by Centralized Electronic Service System 2018, from 8:30 a.m. to 11:30 a.m. 9 email to [email protected] . (ACCESS). An electronically filed Eastern Time. All visitors to the NIST site are document must be received successfully ADDRESSES: The meeting will be held in in its entirety by ACCESS, by 5:00 p.m. required to pre-register to be admitted. the Portrait Room, Administration Please submit your name, time of Eastern Time on the due dates set forth Building, at NIST, 100 Bureau Drive, in this notice. arrival, email address and phone Gaithersburg, Maryland, 20899. Please number to Stephanie Shaw by 5:00 p.m. Preliminary and Final Results of the note admittance instructions under the Eastern Time, Tuesday, May 29, 2018. Review SUPPLEMENTARY INFORMATION section of Non-U.S. citizens must submit Commerce intends to publish in the this notice. additional information; please contact Federal Register a notice of the FOR FURTHER INFORMATION CONTACT: Ms. Shaw. Ms. Shaw’s email address is preliminary results of the CCR in Stephanie Shaw, VCAT, NIST, 100 [email protected] and her phone accordance with 19 CFR 351.221(b)(4) Bureau Drive, Mail Stop 1060, number is 301–975–2667. For and (c)(3)(i), which will set forth Gaithersburg, Maryland 20899–1060, participants attending in person, please Commerce’s preliminary factual and telephone number 301–975–2667. Ms. note that federal agencies, including legal conclusions. Commerce will issue Shaw’s email address is NIST, can only accept a state-issued its final results of the CCR in accordance [email protected]. driver’s license or identification card for with the time limits set forth in 19 CFR SUPPLEMENTARY INFORMATION: access to federal facilities if such license 351.216(e). Authority: 15 U.S.C. 278, as amended, and or identification card is issued by a state This is issued and published in the Federal Advisory Committee Act, as that is compliant with the REAL ID Act accordance with sections 751(b)(1), amended, 5 U.S.C. App. of 2005 (Pub. L. 109–13), or by a state 777(i)(1), and 782(h) of the Act and 19 The purpose of this meeting is for the that has an extension for REAL ID CFR 351.221(b)(1), (4), and 351.222(g). VCAT to review and make compliance. NIST currently accepts Dated: May 7, 2018. recommendations regarding general other forms of federal-issued Gary Taverman, policy for NIST, its organization, its identification in lieu of a state-issued Deputy Assistant Secretary for Antidumping budget, and its programs within the driver’s license. For detailed and Countervailing Duty Operations, framework of applicable national information please contact Ms. Shaw at performing the non-exclusive functions and 301–975–2667 or visit: http://nist.gov/ policies as set forth by the President and _ duties of the Assistant Secretary for the Congress. The agenda will include public affairs/visitor/. Enforcement and Compliance. an update on major programs at NIST. Kevin A. Kimball, [FR Doc. 2018–10202 Filed 5–11–18; 8:45 am] In addition, the meeting will include Chief of Staff. BILLING CODE 3510–DS–P presentations and discussions on NIST’s [FR Doc. 2018–10128 Filed 5–11–18; 8:45 am] role in quantum science, and artificial BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE intelligence. The Committee also will review NIST’s facilities plans and National Institute of Standards and progress on ongoing renovation efforts. DEPARTMENT OF COMMERCE Technology The agenda may change to accommodate Committee business. The National Institute of Standards and Visiting Committee on Advanced final agenda will be posted on the NIST Technology Technology website at http://www.nist.gov/director/ vcat/agenda.cfm. National Construction Safety Team AGENCY: National Institute of Standards Individuals and representatives of Advisory Committee Meeting and Technology, Department of organizations who would like to offer Commerce. AGENCY: National Institute of Standards comments and suggestions related to the and Technology, Department of ACTION: Notice of public meeting. Committee’s affairs are invited to Commerce. SUMMARY: National Institute of request a place on the agenda. ACTION: Notice of open meeting. Standards and Technology (NIST)’s Approximately one-half hour on Visiting Committee on Advanced Wednesday, June 6, 2018, will be SUMMARY: The National Construction Technology (VCAT or Committee) will reserved for public comments and Safety Team (NCST) Advisory speaking times will be assigned on a Committee (Committee) will hold a 8 Submission of rebuttal factual information must first-come, first-serve basis. The amount meeting via webinar on Wednesday, comply with 19 CFR 351.301(b)(2). of time per speaker will be determined May 16, 2018 from 1:00 p.m. to 4:00 9 See, generally, 19 CFR 351.303. by the number of requests received, but p.m. Eastern Time. The primary purpose

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22251

of this meeting is to update the p.m. to 4:00 p.m. Eastern Time. The nist.gov; his phone number is (301) 975– Committee on the progress of the NCST meeting will be open to the public. The 6071. investigation of Hurricane Maria’s meeting will be held via webinar. The effects on the U.S. territory of Puerto primary purpose of this meeting is to Kevin A. Kimball, Rico. The goals of the investigation will update the Committee on the progress of Chief of Staff. be to characterize: (1) The wind the NCST investigation of Hurricane [FR Doc. 2018–10163 Filed 5–11–18; 8:45 am] environment and technical conditions Maria’s effects on the U.S. territory of BILLING CODE 3510–13–P associated with deaths and injuries; (2) Puerto Rico. The goals of the the performance of representative investigation will be to characterize: (1) critical buildings, and designated safe The wind environment and technical DEPARTMENT OF COMMERCE areas in those buildings, including their conditions associated with deaths and National Institute of Standards and dependence on lifelines; and (3) the injuries; (2) the performance of Technology performance of emergency representative critical buildings, and communications systems and the designated safe areas in those buildings, Announcing Request for Comments on public’s response to such including their dependence on lifelines; Lightweight Cryptography communications. The agenda may and (3) the performance of emergency Requirements and Evaluation Criteria change to accommodate Committee communications systems and the business. The final agenda will be public’s response to such AGENCY: National Institute of Standards posted on the NIST website at https:// communications. The agenda may and Technology (NIST), Commerce. www.nist.gov/topics/disaster-failure- change to accommodate Committee ACTION: Notice; request for comments. studies/national-construction-safety- business. The final agenda will be team-ncst/advisory-committee. posted on the NIST website at https:// SUMMARY: The National Institute of DATES: The NCST Advisory Committee www.nist.gov/topics/disaster-failure- Standards and Technology (NIST) is will meet on Wednesday, May 16, 2018 studies/national-construction-safety- requesting comments on a proposed from 1:00 p.m. to 4:00 p.m. Eastern team-ncst/advisory-committee-meetings. process to solicit, evaluate, and Time. Individuals and representatives of standardize one or more lightweight organizations who would like to offer cryptographic algorithms. Current NIST ADDRESSES: The meeting will be held comments and suggestions related to cryptographic standards were designed via webinar. For instructions on how to items on the Committee’s agenda for to perform well on general-purpose participate in the meeting, please see this meeting are invited to request a computing platforms, and may not be the SUPPLEMENTARY INFORMATION section place on the agenda. Approximately 15 suitable for some constrained of this notice. minutes will be reserved near the computing environments. The draft FOR FURTHER INFORMATION CONTACT: conclusion of the meeting for public requirements and evaluation criteria are Benjamin Davis, Management and comments, and speaking times will be available on the NIST Computer Program Analyst, Community Resilience assigned on a first-come, first-served Security Resource Center website: Program, Engineering Laboratory, NIST, basis. The amount of time per speaker https://csrc.nist.gov/Projects/ 100 Bureau Drive, Mail Stop 8615, will be determined by the number of Lightweight-Cryptography. Gaithersburg, Maryland 20899–8604. requests received, but is likely to be Mr. Davis’ email address is DATES: Comments must be received on three minutes each. Questions from the or before June 28, 2018. [email protected]; and his phone public will not be considered during ADDRESSES: Comments may be sent number is (301) 975–6071. this period. All those wishing to speak electronically to lightweight-crypto@ SUPPLEMENTARY INFORMATION: The must submit their request by email to nist.gov with ‘‘Comment on Lightweight Committee was established pursuant to the attention of Mr. Benjamin Davis, Cryptography Requirements and Section 11 of the NCST Act (Pub. L. [email protected], by 5:00 p.m. 107–231, codified at 15 U.S.C. 7301 et Eastern Time, Friday, May 11, 2018. Evaluation Criteria’’ in the subject line. seq.). The Committee is currently Speakers who wish to expand upon Written comments may also be composed of six members, appointed by their oral statements, those who had submitted by mail to Information the Director of NIST, who were selected wished to speak but could not be Technology Laboratory, ATTN: on the basis of established records of accommodated on the agenda, and those Lightweight Cryptography Comments, distinguished service in their who were unable to attend are invited National Institute of Standards and professional community and their to submit written statements to the Technology, 100 Bureau Drive, Mail knowledge of issues affecting the NCST, National Institute of Standards Stop 8930, Gaithersburg, MD 20899– National Construction Safety Teams. and Technology, 100 Bureau Drive, MS 8930. The Committee advises the Director of 8604, Gaithersburg, Maryland 20899– Comments received in response to NIST on carrying out the NCST Act; 8604, or electronically by email to this notice will be published reviews the procedures developed for [email protected]. electronically at https://csrc.nist.gov/ conducting investigations; and reviews To participate in the meeting, please Projects/Lightweight-Cryptography, so the reports issued documenting submit your first and last name, email commenters should not include investigations. Background information address, and phone number to Benjamin information they do not wish to be on the NCST Act and information on the Davis at [email protected] or posted (e.g., personal or confidential NCST Advisory Committee is available (301) 975–6071. After pre-registering, business information). at https://www.nist.gov/topics/disaster- participants will be provided with FOR FURTHER INFORMATION CONTACT: Dr. failure-studies/national-construction- detailed instructions on how to join the Kerry McKay, National Institute of safety-team-ncst/advisory-committee. meeting remotely. Anyone wishing to Standards and Technology, 100 Bureau Pursuant to the Federal Advisory attend this meeting must register by 5:00 Drive, Mail Stop 8930, Gaithersburg, Committee Act, as amended, 5 U.S.C. p.m. Eastern Time, Friday, May 11, MD 20899–8930, email: kerry.mckay@ App., notice is hereby given that the 2018, to attend. Please submit your full nist.gov, by telephone (301) 975–4969. NCST Advisory Committee will meet on name, email address, and phone number Technical inquiries regarding the Wednesday, May 16, 2018 from 1:00 to Benjamin Davis at Benjamin.Davis@ proposed draft acceptability

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22252 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

requirements, submission requirements, algorithms from the public, the Council; [email protected], or the evaluation criteria should be sent cryptographic community, academic telephone: (813) 348–1630. electronically to lightweight-crypto@ and research communities, SUPPLEMENTARY INFORMATION: nist.gov. manufacturers, voluntary standards A public email list has been set up for organizations, and federal, state, and Day 1—Thursday, May 31, 2018; 8:30 announcements, as well as a forum to local government organizations so that a.m.–5:30 p.m. discuss the standardization effort being their needs can be considered in the I. Introductions and Adoption of initiated by NIST. For directions on how process of developing new lightweight Agenda to subscribe, please visit https:// cryptography standards. The draft II. Approval of March 26–27, 2018 SSC csrc.nist.gov/Projects/Lightweight- requirements and evaluation criteria are Minutes Cryptography. available on the NIST Computer III. Selection of SSC representative at SUPPLEMENTARY INFORMATION: The Security Resource Center website: June 18–22, 2018 Council meeting deployment of small computing devices https://csrc.nist.gov/Projects/ in Key West, FL Lightweight-Cryptography. such as RFID tags, industrial controllers, Standing and Reef Fish SSC Session sensor nodes and smart cards is Authority: In accordance with the becoming much more common. The Information Technology Management Reform IV. SEDAR 37 Update (FWC hogfish shift from desktop computers to small Act of 1996 (Pub. L. 104–106) and the assessment) a. Review of assessment devices brings a wide range of new Federal Information Security Management b. OFL and ABC recommendations security and privacy concerns. It is Act of 2002 (Pub. L. 107–347), the Secretary of Commerce is authorized to approve V. SEDAR 51 (gray snapper benchmark challenging to apply conventional Federal Information Processing Standards. assessment) cryptographic standards to small NIST activities to develop computer security a. Review of assessment devices, because the tradeoff between standards to protect federal sensitive b. OFL and ABC recommendations security, performance and resource (unclassified) information systems are VI. SEDAR 52 (red snapper standard requirements was optimized for desktop undertaken pursuant to specific assessment) and server environments, and this responsibilities assigned to NIST by Section a. Review of assessment 20 of the National Institute of Standards and makes the standards difficult or b. Discard mortality estimates of red impossible to implement in resource- Technology Act (15 U.S.C. 278g–3), as amended. snapper by sector constrained devices. Therefore, when c. Estimate of the reduction in current NIST-approved algorithms can Kevin A. Kimball, mortality (numbers of fish) for red be engineered to fit within the limited Chief of Staff. snapper from use of venting and resources of constrained environments, [FR Doc. 2018–10127 Filed 5–11–18; 8:45 am] descending devices their performance may not be BILLING CODE 3510–13–P d. OFL and ABC recommendations acceptable. There are several emerging areas in Day 2—Friday, June 1, 2018; 8:30 a.m.– which highly-constrained devices are DEPARTMENT OF COMMERCE 2:30 p.m. interconnected, working in concert to VI. Continuation of SEDAR 52 (red accomplish some task. Examples of National Oceanic and Atmospheric snapper standard assessment) these areas include: Automotive Administration VII. SEDAR 64 (yellowtail snapper systems, sensor networks, healthcare, benchmark assessment) distributed control systems, the Internet RIN 0648–XG238 a. Review and approval of terms of of Things (IoT), cyber-physical systems, reference and the smart grid. In recent years, there Gulf of Mexico Fishery Management b. Review and approval of schedule has been increased demand for Council; Public Meeting c. Data, assessment, and review cryptographic standards that are tailored AGENCY: National Marine Fisheries workshop appointments for constrained devices. NIST has Service (NMFS), National Oceanic and VIII. Discussion on Best Scientific decided to create a portfolio of Atmospheric Administration (NOAA), Information Available lightweight cryptographic algorithms, Commerce. a. Review of National Standard 2 designed for limited use in applications b. Council Coordinating Committee ACTION: Notice of a public meeting. and environments where cryptographic comments operations are performed by constrained SUMMARY: The Gulf of Mexico Fishery IX. Draft Reef Fish Amendment 48/Red devices that are unable to use existing Management Council will hold a two Drum Amendment 5 NIST standards. day meeting of its Standing and Reef a. Review of MSY Proxy Paper, Lightweight cryptography is a Fish Scientific and Statistical ‘‘Establishing Stock Status subfield of cryptography that aims to Committees (SSC). Determination Criteria for Fisheries provide solutions tailored for resource- with High Discards and Uncertain DATES: The meeting will convene on constrained devices. There has been a Recruitment’’ by Goethel et al. Thursday, May 31, 2018, 8:30 a.m. to significant amount of work done by the b. Review of draft amendment academic community related to 5:30 p.m., and Friday, June 1, 2018, 8:30 X. Tentative 2018 SSC Meeting Dates lightweight cryptography; this work a.m. to 2:30 p.m. EDT. XI. Other Business—Adjourn includes efficient implementations of ADDRESSES: The meeting will be held in The meeting will be broadcast via conventional cryptography standards, the Gulf Council’s Conference Room. webinar. You may register for the and the design and analysis of new Council address: Gulf of Mexico webinar by visiting www.gulfcouncil.org lightweight primitives and protocols. Fishery Management Council, 2203 N and clicking on the SSC meeting on the The purpose of this notice is to solicit Lois Avenue, Suite 1100, Tampa, FL calendar. https:// comments on the draft minimum 33607; telephone: (813) 348–1630. attendee.gotowebinar.com/register/ acceptability requirements, submission FOR FURTHER INFORMATION CONTACT: 3383291116212545537-. The Agenda is requirements, evaluation criteria, and Steven Atran, Senior Fishery Biologist, subject to change, and the latest version evaluation process of candidate Gulf of Mexico Fishery Management along with other meeting materials will

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22253

be posted on www.gulfcouncil.org as Street, Mansfield, MA 02048; telephone: DEPARTMENT OF COMMERCE they become available. (508) 339–2200. National Oceanic and Atmospheric Although other non-emergency issues Council address: New England Administration not on the agenda may come before the Fishery Management Council, 50 Water Scientific and Statistical Committee for Street, Mill 2, Newburyport, MA 01950. RIN 0648–XG239 discussion, in accordance with the Magnuson-Stevens Fishery FOR FURTHER INFORMATION CONTACT: New England Fishery Management Conservation and Management Act, Thomas A. Nies, Executive Director, Council; Public Meeting those issues may not be the subject of New England Fishery Management formal action during this meeting. Council; telephone: (978) 465–0492. AGENCY: National Marine Fisheries Actions of the Scientific and Statistical Service (NMFS), National Oceanic and Committee will be restricted to those SUPPLEMENTARY INFORMATION: Atmospheric Administration (NOAA), Commerce. issues specifically identified in the Agenda agenda and any issues arising after ACTION: Notice; public meeting. publication of this notice that require The southern red hake stock was emergency action under Section 305(c) determined to be overfished and the SUMMARY: The New England Fishery of the Magnuson-Stevens Fishery Council has been given two years from Management Council (Council) is Conservation and Management Act, last January to submit an action to scheduling a public meeting of its Whiting Advisory Panel and Plan provided the public has been notified of address this issue. To begin this action, Development Team to consider actions the Council’s intent to take action to the Whiting Advisory Panel and the affecting New England fisheries in the address the emergency. Plan Development Team (PDT) will exclusive economic zone (EEZ). Special Accommodations meet jointly to discuss the potential Recommendations from this group will range and types of rebuilding measures. This meeting is physically accessible be brought to the full Council for formal The Whiting PDT will also identify consideration and action, if appropriate. to people with disabilities. Requests for tasks for the Annual Monitoring Report sign language interpretation or other DATES: The meeting will be held on for Fishing Year 2017, a document to be auxiliary aids should be directed to Wednesday, May 30, 2018 at 10 a.m. presented at the September Council Kathy Pereira at the Gulf Council Office ADDRESSES: meeting. Advisors will provide insight (see ADDRESSES), at least 5 working days Meeting address: The meeting will be about recent changes in the small-mesh prior to the meeting. held at the Holiday Inn, 31 Hampshire multispecies fishery. Other business Street, Mansfield, MA 02048; telephone: Dated: May 9, 2018. will be discussed as necessary. Rey Israel Marquez, (508) 339–2200. Although non-emergency issues not Acting Deputy Director, Office of Sustainable Council address: New England Fisheries, National Marine Fisheries Service. contained in this agenda may come Fishery Management Council, 50 Water before this group for discussion, those Street, Mill 2, Newburyport, MA 01950. [FR Doc. 2018–10180 Filed 5–11–18; 8:45 am] issues may not be the subject of formal FOR FURTHER INFORMATION CONTACT BILLING CODE 3510–22–P : action during these meetings. Action Thomas A. Nies, Executive Director, will be restricted to those issues New England Fishery Management DEPARTMENT OF COMMERCE specifically listed in this notice and any Council; telephone: (978) 465–0492. issues arising after publication of this SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric notice that require emergency action Administration under section 305(c) of the Magnuson- Agenda RIN 0648–XG239 Stevens Act, provided the public has The southern red hake stock was been notified of the Council’s intent to determined to be overfished and the New England Fishery Management take final action to address the Council has been given two years from Council; Public Meeting emergency. last January to submit an action to address this issue. To begin this action, AGENCY: National Marine Fisheries Special Accommodations the Whiting Advisory Panel and the Service (NMFS), National Oceanic and Plan Development Team (PDT) will This meeting is physically accessible Atmospheric Administration (NOAA), meet jointly to discuss the potential to people with disabilities. This meeting Commerce. range and types of rebuilding measures. ACTION: Notice; public meeting. will be recorded. Consistent with 16 The Whiting PDT will also identify U.S.C. 1852, a copy of the recording is tasks for the Annual Monitoring Report SUMMARY: The New England Fishery available upon request. Requests for for Fishing Year 2017, a document to be Management Council (Council) is sign language interpretation or other presented at the September Council scheduling a public meeting of its auxiliary aids should be directed to meeting. Advisors will provide insight Whiting Advisory Panel and Plan Thomas A. Nies, Executive Director, at about recent changes in the small-mesh Development Team to consider actions (978) 465–0492, at least 5 days prior to multispecies fishery. Other business affecting New England fisheries in the the meeting date. will be discussed as necessary. exclusive economic zone (EEZ). Authority: 16 U.S.C. 1801 et seq. Although non-emergency issues not Recommendations from this group will contained in this agenda may come be brought to the full Council for formal Dated: May 9, 2018. before this group for discussion, those consideration and action, if appropriate. Rey Israel Marquez, issues may not be the subject of formal DATES: The meeting will be held on Acting Deputy Director, Office of Sustainable action during these meetings. Action Wednesday, May 30, 2018 at 10 a.m. Fisheries, National Marine Fisheries Service. will be restricted to those issues ADDRESSES: [FR Doc. 2018–10179 Filed 5–11–18; 8:45 am] specifically listed in this notice and any Meeting address: The meeting will be BILLING CODE 3510–22–P issues arising after publication of this held at the Holiday Inn, 31 Hampshire notice that require emergency action

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22254 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

under section 305(c) of the Magnuson- The Reserve has outlined how it will FOR FURTHER INFORMATION CONTACT: Stevens Act, provided the public has manage administration and its core Nina Garfield at (240) 533–0817 or Kim been notified of the Council’s intent to program providing detailed actions that Texiera at (301) 563–1172 of NOAA’s take final action to address the will enable it to accomplish specific National Ocean Service, Stewardship emergency. goals and objectives. Since the last Division, Office for Coastal management plan, the reserve has: Management, 1305 East-West Highway, Special Accommodations Developed core programs; expanded N/ORM5, 10th floor, Silver Spring, MD This meeting is physically accessible monitoring programs within Jobos Bay 20910. to people with disabilities. This meeting and its watershed; expanded its dorm, Dated: May 7, 2018. will be recorded. Consistent with 16 and remodeled the historic train depot Keeling Kuipers, U.S.C. 1852, a copy of the recording is and visitor center; conducted training available upon request. Requests for workshops; implemented K–12 Acting Deputy Director, Office for Coastal sign language interpretation or other Management, National Ocean Service, education programs; and built new and National Oceanic and Atmospheric auxiliary aids should be directed to innovative partnerships with local, Administration. Thomas A. Nies, Executive Director, at Commonwealth, and U.S. organizations [FR Doc. 2018–10159 Filed 5–11–18; 8:45 am] (978) 465–0492, at least 5 days prior to and universities. the meeting date. On August 28, 2017, NOAA issued a BILLING CODE 3510–08–P Authority: 16 U.S.C. 1801 et seq. notice of a thirty day public comment period for the Jobos Bay Reserve revised Dated: May 9, 2018. plan (82 FR 40752). Responses to the BUREAU OF CONSUMER FINANCIAL Rey Israel Marquez, written and oral comments received, PROTECTION Acting Deputy Director, Office of Sustainable and an explanation of how comments [Docket No. CFPB–2018–0018] Fisheries, National Marine Fisheries Service. were incorporated into the final revised [FR Doc. 2018–10195 Filed 5–11–18; 8:45 am] plan, are available in Appendix 8 of the Agency Information Collection BILLING CODE 3510–22–P revised plan. Activities: Comment Request Since the last management plan was approved in 2000, the Jobos Bay Reserve AGENCY: Bureau of Consumer Financial DEPARTMENT OF COMMERCE has acquired an additional 8233.9 acres Protection. of upland forest, salt flats and offshore ACTION: Notice and request for comment. National Oceanic and Atmospheric cays. While the intent to include these SUMMARY: In accordance with the Administration into the boundaries of the management Paperwork Reduction Act of 1995 plan is acknowledged in this revised Notice of Approval for the Jobos Bay, (PRA), the Bureau of Consumer management plan, the actual inclusion Puerto Rico National Estuarine Financial Protection (Bureau) is of the properties will not be Research Reserve Management Plan requesting to renew the Office of accomplished with the approval of the Revision Management and Budget (OMB) revised plan. Rather, a formal boundary approval for an existing information AGENCY: Stewardship Division, Office expansion will be pursued as a separate collection titled, ‘‘Consumer Compliant for Coastal Management, National action after this plan has been approved. Intake System Company Portal Boarding Ocean Service, National Oceanic and All of the proposed additions are owned Form Information Collection System.’’ Atmospheric Administration, U.S. by the Puerto Rico Department of DATES: Department of Commerce. Natural and Environmental Resources Written comments are encouraged and must be received on or ACTION: Notice. (DNER) and will be managed for long- term protection and conservation value. before July 13, 2018 to be assured of SUMMARY: Under applicable Federal These parcels have high ecological consideration. regulations, notice is hereby given that value and will enhance the Reserve’s ADDRESSES: You may submit comments, the Stewardship Division, Office for ability to provide increased identified by the title of the information Coastal Management, National Ocean opportunities for research, education, collection, OMB Control Number (see Service, National Oceanic and and stewardship. The revised below), and docket number (see above), Atmospheric Administration, U.S. Management Plan will serve as the by any of the following methods: Department of Commerce approves the guiding document for the expanded • Electronic: Go to http:// revised Management Plan for Jobos Bay, 11,033.9 acre Jobos Bay Reserve. View www.regulations.gov. Follow the Puerto Rico National Estuarine Research the Jobos Bay, Puerto Rico Reserve instructions for submitting comments. Reserve Management Plan. In Management Plan at http://drna.pr.gov/ • Email: FederalRegisterComments@ accordance with applicable Federal jbnerr/pm-jbnerr/jobos-bay-national- cfpb.gov. Include Docket No. CFPB– regulations, the Jobos Bay Reserve estuarine-research-reserve-management- 2018–0018 in the subject line of the revised its Management Plan, which plan-2017-2022/. message. will replace the plan previously The impacts of the revised • Mail: Comment intake, Bureau of approved in 2000. management plan have not changed and Consumer Financial Protection The revised Management Plan the initial Environmental Impact (Attention: PRA Office), 1700 G Street, outlines the administrative structure; Statement (EIS) prepared at the time of NW, Washington, DC 20552. the research/monitoring, stewardship, designation is still valid. NOAA has • Hand Delivery/Courier: Comment education, and training programs of the made the determination that the intake, Bureau of Consumer Financial Reserve; and the plans for future land revision of the management plan will Protection (Attention: PRA Office), 1700 acquisition and facility development to not have a significant effect on the G Street NW, Washington, DC 20552. support Reserve operations. human environment and therefore Please note that comments submitted The Jobos Bay Reserve takes an qualifies for a categorical exclusion after the comment period will not be integrated approach to management, under NOAA Administrative Order accepted. In general, all comments linking research, education, coastal 216–6. An environmental assessment received will become public records, training, and stewardship functions. will not be prepared. including any personal information

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22255

provided. Sensitive personal Request for Comments: Comments are Department of Defense (DoD) and the information, such as account numbers invited on: (a) Whether the collection of Designated Federal Officer, the Defense or Social Security numbers, should not information is necessary for the proper Policy Board was unable to provide be included. performance of the functions of the public notification required by 41 CFR FOR FURTHER INFORMATION CONTACT: Bureau, including whether the 102–3.150(a) concerning the meeting on Documentation prepared in support of information will have practical utility; May 24 and 25, 2018 of the Defense this information collection request is (b) The accuracy of the Bureau’s Policy Board. Accordingly, the Advisory available at www.regulations.gov. estimate of the burden of the collection Committee Management Officer for the Requests for additional information of information, including the validity of Department of Defense, pursuant to 41 should be directed to the Bureau of the methods and the assumptions used; CFR 102–3.150(b), waives the 15- Consumer Financial Protection, (c) Ways to enhance the quality, utility, calendar day notification requirement. (Attention: PRA Office), 1700 G Street and clarity of the information to be This meeting is being held under the NW, Washington, DC 20552, (202) 435– collected; and (d) Ways to minimize the provisions of the Federal Advisory 9575, or email: [email protected]. If burden of the collection of information Committee Act (FACA) of 1972 (5 you require this document in an on respondents, including through the U.S.C., Appendix, as amended), the alternative electronic format, please use of automated collection techniques Government in the Sunshine Act of contact [email protected]. or other forms of information 1976 (5 U.S.C. 552b, as amended) (‘‘the Please do not submit comments to these technology. Comments submitted in Sunshine Act’’), and 41 CFR 102–3.140 email boxes. response to this notice will be and 102–3.150. SUPPLEMENTARY INFORMATION: summarized and/or included in the Purpose of the Meeting: To obtain, Title of Collection: Consumer request for OMB approval. All review and evaluate classified Compliant Intake System Company comments will become a matter of information related to the DPB’s mission Portal Boarding Form Information public record. to advise on: (a) Issues central to Collection System. Dated: May 8, 2018. strategic DoD planning; (b) policy OMB Control Number: 3170–0054. Darrin A. King, implications of U.S. force structure and Type of Review: Revision of a Paperwork Reduction Act Officer, Bureau of force modernization and on DoD’s currently approved collection. Consumer Financial Protection. ability to execute U.S. defense strategy; (c) U.S. regional defense policies; and Affected Public: Private sector. [FR Doc. 2018–10221 Filed 5–11–18; 8:45 am] (d) other research and analysis of topics Estimated Number of Respondents: BILLING CODE 4810–AM–P 300. raised by the Secretary of Defense, the Estimated Total Annual Burden Deputy Secretary of Defense, or the Under Secretary of Defense for Policy. Hours: 60. DEPARTMENT OF DEFENSE Abstract: Section 1013(b)(3)(A) of the Agenda: On May 24th and 25th, the Dodd-Frank Wall Street Reform and Office of the Secretary DPB will have Top Secret (SCI) level Consumer Protection Act, Public Law discussions on national security issues 111–203, requires the Bureau of Defense Policy Board; Notice of regarding the Space and Ballistic Consumer Financial Protection to Federal Advisory Committee Meeting Missile Defense Review. Topics and ‘‘facilitate the centralized collection of, Speakers are (1) Space Intelligence AGENCY: Under Secretary of Defense for monitoring of, and response to Brief, Larry Gresham; (2) Warfighting Policy, Department of Defense. consumer complaints regarding 2025, Andrew Cox; (3) OSD Space consumer financial products or ACTION: Notice of Federal Advisory Policy Perspectives, Honorable Kenneth services.’’ 1 In furtherance of its Committee meeting. Rapuano & Steven Kitay; (4) Warfighter statutory mandates related to consumer Perspectives, General John W. SUMMARY: The Department of Defense Raymond; (5) Space Panel, General complaints, the Bureau utilizes a (DoD) is publishing this notice to Consumer Complaint Intake System (Retired) Robert Kehler, Douglas Lovero announce that the following Federal and Marc Berkowitz; Balastic Missle Company Portal Boarding Form Advisory Committee meeting of the (Boarding Form) to sign up companies Defense Review, Honorable John Rood. Defense Policy Board (DPB) will take Meeting Accessibility: Pursuant to the for access to the secure, web-based place. Company Portal (Company Portal). The Sunshine Act, the FACA and the FACA Company Portal allows companies to DATES: Thursday, May 24, 2018—Closed Final Rule (41 CFR 101–6), the DoD has view and respond to complaints to the public from 8:00 a.m. to 5:15 p.m. determined that this meeting shall be submitted to the Bureau, supports the Friday, May 25, 2018—Closed to the closed to the public. The Under efficient routing of consumer public from 8:00 a.m. to 12:00 p.m. Secretary of Defense (Policy), in complaints to companies, and enables a ADDRESSES: The closed meeting will be consultation with the DoD FACA timely and secure response by held at The Pentagon, 2000 Defense Attorney, has determined in writing that companies to the Bureau and Pentagon, Washington, DC 20301–2000. this meeting be closed to the public consumers.2 FOR FURTHER INFORMATION CONTACT: because the discussions fall under the Marcus Bonds, (703) 571–0854 (Voice), purview of Section 552b(c)(1) of the 1 Codified at 12 U.S.C. 5493(b)(3)(A). See also 703–697–8606 (Facsimile), Sunshine Act and are so inextricably Dodd-Frank Act, section 1034 (discussing responses [email protected] (Email). intertwined with unclassified material to consumer complaints), codified at 12 U.S.C. that they cannot reasonably be 5534; section 1021(c)(2) (noting that one of the Mailing address is 2000 Defense Bureau’s primary functions is ‘‘collecting, Pentagon, Washington, DC 20301–2000. segregated into separate discussions without disclosing secret or higher investigating, and responding to consumer SUPPLEMENTARY INFORMATION: Due to complaints’’), codified at 12 U.S.C. 5511(c)(2). classified material. circumstances beyond the control of the 2 In addition to the Boarding Form for companies, Committee’s Designated Federal the Bureau utilizes separate OMB-approved forms to board government agencies and congressional Control No. 3170–0057 (Consumer Response Officer or Point of Contact: Marcus offices onto their own distinct portals to access Government and Congressional Boarding Forms; Bonds, osd.pentagon.ousd- certain complaint information through OMB expires December 31, 2018). [email protected].

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22256 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Written Statements: Pursuant to 41 fax or email and those submitted after Federal funds and State and local CFR 102–3.105(j) and 102–3.140(c) and the comment period will not be education funding based on weighted section 10(a)(3) of the FACA, the public accepted. Written requests for per-pupil allocations for low-income or interested organizations may submit information or comments submitted by and otherwise disadvantaged students. written statements to the membership of postal mail or delivery should be This program allows LEAs to the DPB at any time regarding its addressed to the Director of the consolidate funds under the following mission or in response to the stated Information Collection Clearance Federal education programs: Elementary agenda of a planned meeting. Written Division, U.S. Department of Education, and Secondary Education Act of 1965 statements should be submitted to the 400 Maryland Avenue SW, LBJ, Room (ESEA); Title I, Part A Improving Basic DPB’s Designated Federal Officer (DFO); 216–44, Washington, DC 20202–4537. Programs Operated by Local the DFO’s contact information is listed FOR FURTHER INFORMATION CONTACT: For Educational Agencies; Title I, Part C in this notice or it can be obtained from specific questions related to collection Education of Migratory Children; Title I, the GSA’s FACA Database—http:// activities, please contact Jessica Part D, Subpart 2 Local Prevention and www.facadatabase.gov/. Written McKinney, 202–401–1960. Intervention Programs for Children and statements that do not pertain to a SUPPLEMENTARY INFORMATION: The Youth Who Are Neglected, Delinquent, scheduled meeting of the DPB may be Department of Education (ED), in or At-Risk; Title II Preparing, Training, submitted at any time. However, if accordance with the Paperwork and Recruiting High-quality Teachers, individual comments pertain to a Reduction Act of 1995 (PRA) (44 U.S.C. Principals, or Other School Leaders; specific topic being discussed at a 3506(c)(2)(A)), provides the general Title III Language Instruction for English planned meeting, then these statements public and Federal agencies with an Learners and Immigrant Students; Title must be submitted no later than five opportunity to comment on proposed, IV, Part A Student Support and business days prior to the meeting in revised, and continuing collections of Academic Enrichment Grants; Title VI, question. The DFO will review all information. This helps the Department Part B Rural Education Initiative. submitted written statements and assess the impact of its information Dated: May 8, 2018. provide copies to all members. collection requirements and minimize Stephanie Valentine, Dated: May 9, 2018. the public’s reporting burden. It also Acting Director, Information Collection Shelly E. Finke, helps the public understand the Clearance Division, Office of the Chief Privacy Alternate OSD Federal Register Liaison Department’s information collection Officer, Office of Management. Officer, Department of Defense. requirements and provide the requested [FR Doc. 2018–10160 Filed 5–11–18; 8:45 am] [FR Doc. 2018–10219 Filed 5–11–18; 8:45 am] data in the desired format. ED is BILLING CODE 4000–01–P BILLING CODE 5001–06–P soliciting comments on the proposed information collection request (ICR) that is described below. The Department of DEPARTMENT OF EDUCATION DEPARTMENT OF EDUCATION Education is especially interested in public comment addressing the Applications for New Awards; Centers [Docket No.: ED–2018–ICCD–0058] following issues: (1) Is this collection for International Business Education Program Agency Information Collection necessary to the proper functions of the Activities; Submission to the Office of Department; (2) will this information be AGENCY: Office of Postsecondary Management and Budget for Review processed and used in a timely manner; Education, Department of Education. (3) is the estimate of burden accurate; and Approval; Comment Request; ACTION: Notice. Application for Flexibility for Equitable (4) how might the Department enhance Per-Pupil Funding the quality, utility, and clarity of the SUMMARY: The Department of Education information to be collected; and (5) how is issuing a notice inviting applications AGENCY: Office of Elementary and might the Department minimize the for fiscal year (FY) 2018 for the Centers Secondary Education (OESE), burden of this collection on the for International Business Education Department of Education (ED). respondents, including through the use Program (CIBE), Catalog of Federal ACTION: Notice. of information technology. Please note Domestic Assistance (CFDA) number that written comments received in 84.220A. SUMMARY: In accordance with the response to this notice will be Paperwork Reduction Act of 1995, ED is considered public records. DATES: proposing a revision of an existing Title of Collection: Application for Applications Available: May 14, 2018. information collection. Flexibility for Equitable Per-Pupil Deadline for Transmittal of DATES: Interested persons are invited to Funding. Applications: June 13, 2018. submit comments on or before June 13, OMB Control Number: 1810–0734. Deadline for Intergovernmental 2018. Type of Review: A revision of an Review: August 13, 2018. ADDRESSES: To access and review all the existing information collection. ADDRESSES: For the addresses for documents related to the information Respondents/Affected Public: State, obtaining and submitting an collection listed in this notice, please Local, and Tribal Governments. application, please refer to our Common use http://www.regulations.gov by Total Estimated Number of Annual Instructions for Applicants to searching the Docket ID number ED– Responses: 20. Department of Education Discretionary 2018–ICCD–0058. Comments submitted Total Estimated Number of Annual Grant Programs, published in the in response to this notice should be Burden Hours: 1,120. Federal Register on February 12, 2018 submitted electronically through the Abstract: This is a request to collect (83 FR 6003) and available at Federal eRulemaking Portal at http:// critical information for the Application www.gpo.gov/fdsys/pkg/FR-2018-02-12/ www.regulations.gov by selecting the for Flexibility for Equitable Per-pupil pdf/2018-02558.pdf. Docket ID number or via postal mail, Funding, the instrument through which FOR FURTHER INFORMATION CONTACT: commercial delivery, or hand delivery. local educational agencies (LEAs) apply Timothy Duvall, U.S. Department of Please note that comments submitted by for flexibility to consolidate eligible Education, 400 Maryland Avenue SW,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22257

Room 258–54, Washington, DC 20202– institution is an MSI (as defined in this Area of National Need: In accordance 4260. Telephone: (202) 453–7521. notice), that institution may propose with section 601(c) of the HEA (20 Email: [email protected]. intra-campus collaborative activities U.S.C. 1121(c)), the Secretary consulted If you use a telecommunications instead of, or in addition to, with a wide range of Federal agencies device for the deaf (TDD) or a text collaborative activities with other MSIs and received recommendations telephone (TTY), call the Federal Relay or community colleges. regarding national need for expertise in Service (FRS), toll free, at 1–800–877– For the purpose of this priority: foreign language and world regions. 8339. Community college means an These agencies’ recommendations may SUPPLEMENTARY INFORMATION: institution that meets the definition in be viewed on this web page: section 312(f) of the Higher Education www2.ed.gov/about/offices/list/ope/ Full Text of Announcement Act of 1965, as amended (HEA) (20 iegps/index.html. I. Funding Opportunity Description U.S.C. 1058(f)); or an institution of II. Award Information higher education as defined in section Purpose of Program: The purpose of 101 of the HEA (20 U.S.C. 1001)) that Type of Award: Discretionary grants. the CIBE Program is to provide funding awards degrees and certificates, more Estimated Available Funds: to institutions of higher education or than 50 percent of which are not $4,571,400. consortia of such institutions for bachelor’s degrees (or an equivalent) or Contingent upon the availability of curriculum development, research, and master’s, professional, or other funds and the quality of applications, training on issues of importance to U.S advanced degrees. we may make additional awards in FY trade and competitiveness. 2019 from the list of unfunded Priorities: This notice contains two Minority-Serving Institution (MSI) means an institution that is eligible to applications from this competition. competitive preference priorities and Estimated Range of Awards: one invitational priority. The receive assistance under sections 316 through 320 of part A of Title III, under $265,000–$305,000 per year. competitive preference priorities for Estimated Average Size of Awards: part B of Title III, or under Title V of fiscal year (FY) 2018 are from the notice $285,000 per year. of final priorities for this program the HEA. The institutions designated Estimated Number of Awards: 16. published in the Federal Register on eligible under Title III and Title V may be viewed at the following link: Note: The Department is not bound by any June 3, 2014 (79 FR 31870). estimates in this notice. The estimated range Competitive Preference Priorities: For www2.ed.gov/about/offices/list/ope/ idues/eligibility.html. and average size of awards are based on a FY 2018, these priorities are competitive single 12-month budget period. We may use preference priorities. Under 34 CFR Invitational Priority: For FY 2018 and FY 2018 funds to support multiple 12-month 75.105(c)(2)(i), we award up to an any subsequent year in which we make budget periods for one or more grantees. awards from the list of unfunded additional five points depending on Project Period: Up to 48 months. how well the application meets applications from this competition, this Competitive Preference Priority 1, and priority is an invitational priority. III. Eligibility Information up to an additional five points Under 34 CFR 75.105(c)(1), we do not 1. Eligible Applicants: IHEs or depending on how well the application give an application that meets this consortia of IHEs. meets Competitive Preference Priority 2. invitational priority a competitive or 2. Cost Sharing or Matching: This An applicant may receive a total of up absolute preference over other program requires cost sharing or to 10 additional points under the applications. matching. The matching requirement is competitive preference priorities. This priority is: described in section 612(e) of the HEA These priorities are: Applications that propose programs (20 U.S.C. 1130–1(e)(2)(3)(4)). The HEA Competitive Preference Priority 1— or activities focused on language requires that the Federal share of the Collaboration with a Professional instruction and/or performance testing cost of planning, establishing, and Association or Business (up to 5 points). and assessment to strengthen the operating centers under this program Applications that propose to preparation of international business shall be— collaborate with one or more professionals. a. Not more than 90 percent for the professional associations and/or Program Authority: Title VI, part B, first year in which Federal funds are businesses on activities designed to HEA (20 U.S.C. 1130–1). received; expand employment opportunities for Applicable Regulations: (a) The b. Not more than 70 percent for the international business students, such as Education Department General second year; and internships and work-study Administrative Regulations in 34 CFR c. Not more than 50 percent for the opportunities. parts 75, 76, 77, 79, 81, 82, 84, 86, 97, third year and for each year thereafter. Competitive Preference Priority 2— 98, and 99. (b) The Office of The non-Federal share of the cost of Collaboration with Minority-Serving Management and Budget Guidelines to planning, establishing, and operating Institutions (MSIs) or Community Agencies on Governmentwide centers under this program may be Colleges (up to 5 points). Debarment and Suspension provided either in cash or in-kind. Applications that propose significant (Nonprocurement) in 2 CFR part 180, as Waiver of non-Federal share: In the and sustained collaborative activities adopted and amended as regulations of case of an IHE receiving a grant under with one or more Minority-Serving the Department in 2 CFR part 3485. the CIBE Program and conducting Institutions (MSIs) (as defined in this (c) The Uniform Administrative outreach or consortium activities with notice) and/or with one or more Requirements, Cost Principles, and another IHE, in accordance with section community colleges (as defined in this Audit Requirements for Federal Awards 612(c)(2)(E) of the HEA, the Secretary notice). in 2 CFR part 200, as adopted and may waive a portion of the requirements These activities must be designed to amended as regulations of the for the non-Federal share equal to the incorporate international, intercultural, Department in 2 CFR part 3474. (d) The amount provided by the IHE receiving or global dimensions into the business notice of final priorities for this program the grant to the other IHE for carrying curriculum of the MSI(s) and/or published in the Federal Register on out the outreach or consortium community college(s). If an applicant June 3, 2014 (79 FR 31870). activities. Any such waiver is subject to

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22258 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

the terms and conditions the Secretary and application requirements that outlining funding restrictions in the may deem necessary for carrying out the reviewers use to evaluate your Applicable Regulations section of this purposes of the program. application. We recommend that you notice. 3. Subgrantees: Under 34 CFR (1) limit the application narrative to no V. Application Review Information 75.708(b) and (c), a grantee under this more than 50 pages and (2) use the competition may award subgrants—to following standards: 1. Selection Criteria: The selection directly carry out project activities • A ‘‘page’’ is 8.5’’ x 11’’, on one side criteria for this program are from section described in its application—to the only, with 1’’ margins at the top, 612 of the HEA and 34 CFR 75.209 and following types of entities: IHEs, non- bottom, and both sides. 75.210. The maximum score for all of profit organizations, professional • Double space (no more than three the selection criteria, taken together organizations, or businesses. The lines per vertical inch) all text in the with the maximum number of points grantee may award subgrants to entities application narrative, except titles, awarded to applicants that address the it has identified in an approved headings, footnotes, quotations, competitive preference priorities, is 110 application or that it selects through a references, and captions. Charts, tables, points. The maximum score for each competition under procedures figures, and graphs in the application criterion is indicated in parentheses. established by the grantee. narrative may be single spaced and will Note: In addressing the selection criteria 4. Other: (a) Reasonable and count toward the recommended page printed below, refer to sections 611 and 612 Necessary Costs: Applicants must limit. of the HEA (20 U.S.C. 1130 and 1130–1). • ensure that all costs included in the Use a font that is either 12 point or (a) Meeting the purpose of the proposed budget are necessary and larger, or no smaller than 10 pitch authorizing statute. (up to 20 points) reasonable to meet the goals and (characters per inch). However, you may The Secretary reviews each objectives of the proposed project. Any use a 10-point font in charts, tables, application to determine how well the costs determined by the Secretary to be figures, and graphs. • applicant describes how it will establish unreasonable or unnecessary will be Use one of the following fonts: and operate Centers for International removed from the final approved Times New Roman, Courier, Courier Business Education which— budget. New, or Arial. (1) Will be national resources for the (b) Audits: (i) A non-Federal entity The recommended page limit does not teaching of improved business that expends $750,000 or more during apply to Part I, the Application for techniques, strategies, and the non-Federal entity’s fiscal year in Federal Assistance face sheet (SF 424); methodologies which emphasize the Federal awards must have a single or the supplemental SF 424 form; Part II, international context in which business program-specific audit conducted for Budget Information—Non-Construction is transacted; that year in accordance with the Programs(ED 524); Part IV, the (2) Will provide instruction in critical provisions of 2 CFR part 200. (2 CFR assurances, certifications, and the foreign languages and international 200.501(a)) response to section 427 of the General fields needed to provide understanding (ii) A non-Federal entity that expends Education Provisions Act; the table of of the cultures and customs of United less than $750,000 during the non- contents; the one-page project abstract; States trading partners; and Federal entity’s fiscal year in Federal the appendices; or the line item budget. (3) Will provide research and training awards is exempt from Federal audit However, the recommended page limit in the international aspects of trade, requirements for that year, except as does apply to all of the application commerce, and other fields of study. noted in 2 CFR 200.503 (Relation to narrative section. (b) Significance. (up to 20 points) Other Audit Requirements), but records 4. Intergovernmental Review: This In determining the significance of the must be available for review or audit by program is subject to Executive Order proposed project, the Secretary appropriate officials of the Federal 12372 and the regulations in 34 CFR considers— agency, pass-through entity, and part 79. Information about (1) The national significance of the Government Accountability Office. Intergovernmental Review of Federal proposed project. (2 CFR 200.501(d)) Programs under Executive Order 12372 (2) The importance or magnitude of is in the application package for this the results or outcomes likely to be IV. Application and Submission program. attained by the proposed project. Information 5. Award Basis: In determining Note: You may discuss the significance of 1. Application Submission whether to approve a grant award and regional and local activities to address Instructions: For information on how to the amount of such award, the selection criterion (b)(2). submit an application, please refer to Department will consider, among other (c) Quality of the project design. (up our Common Instructions for Applicants things, the applicant’s performance and to 10 points) to Department of Education use of funds under a previous or In determining the quality of the Discretionary Grant Programs, existing award under any Department design of the proposed project, the published in the Federal Register on program (34 CFR 75.217(d)(3)(ii) and Secretary considers— February 12, 2018 (83 FR 6003) and 75.233(b). In assessing the applicant’s (1) The extent to which the proposed available at www.gpo.gov/fdsys/pkg/FR- performance and use of funds under a activities constitute a coherent, 2018-02-12/pdf/2018-02558.pdf. previous or existing award, the sustained program of research and 2. Content and Form of Application Secretary will consider, among other development in the field, including, as Submission:Requirements concerning things, the outcomes the applicant has appropriate, a substantial addition to an the content of an application, together achieved and the results of any ongoing line of inquiry. with the forms you must submit, are in Departmental grant monitoring, (d) Quality of the management plan. the application package for this including the applicant’s progress in (up to 10 points) program. remedying any deficiencies identified in In determining the quality of the 3. Recommended Page Limit: The such monitoring. management plan for the proposed application narrative (Part III of the 6. Funding Restrictions: We specify project, the Secretary considers— application) is where you, the applicant, unallowable costs in 34 CFR 660.40. We (1) The adequacy of the management address the priorities, selection criteria, reference additional regulations plan to achieve the objectives of the

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22259

proposed project on time and within assessment of progress toward achieving yourself that a Federal agency budget, including clearly defined intended outcomes. previously entered and that is currently responsibilities, timelines, and Note: Please carefully review the section in FAPIIS. milestones for accomplishing project on ‘‘Guidance on Developing an Evaluation Please note that if the total value of tasks. Plan’’ in the application package for detailed your currently active grants, cooperative (e) Quality of project personnel. (up to instructions on how to address this criterion. agreements, and procurement contracts 10 points) Note: Applicants should address these from the Federal Government exceeds In determining the quality of project selection criteria only in the context of the $10,000,000, the reporting requirements personnel, the Secretary considers— program requirements in section 612 of the in 2 CFR part 200, Appendix XII, (1) The extent to which the applicant HEA, 20 U.S.C. 1130–1. require you to report certain integrity encourages applications for employment 2. Review and Selection Process: We information to FAPIIS semiannually. from persons who are members of remind potential applicants that in Please review the requirements in 2 CFR groups that have traditionally been reviewing applications in any part 200, Appendix XII, if this grant underrepresented based on race, color, discretionary grant competition, the plus all the other Federal funds you national origin, gender, age, or Secretary may consider, under 34 CFR receive exceed $10,000,000. 75.217(d)(3), the past performance of the disability. VI. Award Administration Information (2) The qualifications, including applicant in carrying out a previous relevant training and experience, of the award, such as the applicant’s use of 1. Award Notices: If your application project director or principal funds, achievement of project is successful, we notify your U.S. investigator. objectives, and compliance with grant Representative and U.S. Senators and (3) The qualifications, including conditions. The Secretary may also send you a Grant Award Notification relevant training and experience, of key consider whether the applicant failed to (GAN); or we may send you an email project personnel. submit a timely performance report or containing a link to access an electronic submitted a report of unacceptable version of your GAN. We may notify Note: Briefly describe key staff and faculty in this section. Supplemental materials quality. you informally, also. should include resumes for staff, business In addition, in making a competitive If your application is not evaluated or and other faculty, and some Advisory Board grant award, the Secretary requires not selected for funding, we notify you. members, in alphabetical order, two resumes various assurances, including those 2. Administrative and National Policy per page, single-spaced. Provide title applicable to Federal civil rights laws Requirements: We identify including department, education, research that prohibit discrimination in programs administrative and national policy and teaching experience, major publications, or activities receiving Federal financial requirements in the application package awards, etc. Suggested maximum length: 20 assistance from the Department (34 CFR and reference these and other pages, 40 resumes. 100.4, 104.5, 106.4, 108.8, and 110.23). requirements in the Applicable (f) Adequacy of resources. (up to 10 3. Risk Assessment and Specific Regulations section of this notice. points) Conditions: Consistent with 2 CFR We reference the regulations outlining In determining the adequacy of 200.205, before awarding grants under the terms and conditions of an award in resources for the proposed project, the this program the Department conducts a the Applicable Regulations section of Secretary considers— review of the risks posed by applicants. this notice and include these and other (1) The extent to which the costs are Under 2 CFR 3474.10, the Secretary may specific conditions in the GAN. The reasonable in relation to the objectives, impose specific conditions and, in GAN also incorporates your approved design, and potential significance of the appropriate circumstances, high-risk application as part of your binding proposed project. conditions on a grant if the applicant or commitments under the grant. (2) The adequacy of support, grantee is not financially stable; has a 3. Open Licensing Requirements: including facilities, equipment, history of unsatisfactory performance; Unless an exception applies, if you are supplies, and other resources from the has a financial or other management awarded a grant under this competition, applicant organization or the lead system that does not meet the standards you will be required to openly license applicant organization. in 2 CFR part 200, subpart D; has not to the public grant deliverables created (g) Quality of the project evaluation. fulfilled the conditions of a prior grant; in whole, or in part, with Department (up to 20 points) or is otherwise not responsible. grant funds. When the deliverable (1) The Secretary considers the 4. Integrity and Performance System: consists of modifications to pre-existing quality of the evaluation to be If you are selected under this works, the license extends only to those conducted of the proposed project. competition to receive an award that modifications that can be separately (2) In determining the quality of the over the course of the project period identified and only to the extent that evaluation, the Secretary considers the may exceed the simplified acquisition open licensing is permitted under the following factors: threshold (currently $150,000), under 2 terms of any licenses or other legal (i) The extent to which the methods CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing of evaluation are thorough, feasible, and judgment about your integrity, business works. Additionally, a grantee or appropriate to the goals, objectives, and ethics, and record of performance under subgrantee that is awarded competitive outcomes of the proposed project. Federal awards—that is, the risk posed grant funds must have a plan to (ii) The extent to which the methods by you as an applicant—before we make disseminate these public grant of evaluation are appropriate to the an award. In doing so, we must consider deliverables. This dissemination plan context within which the project any information about you that is in the can be developed and submitted after operates. integrity and performance system your application has been reviewed and (iii) The extent to which the methods (currently referred to as the Federal selected for funding. For additional of evaluation will provide timely Awardee Performance and Integrity information on the open licensing guidance for quality assurance. Information System (FAPIIS)), requirements please refer to 2 CFR (iv) The extent to which the methods accessible through the System for 3474.20. of evaluation will provide performance Award Management. You may review 4. Reporting: (a) If you apply for a feedback and permit periodic and comment on any information about grant under this competition, you must

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22260 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

ensure that you have in place the 6. Continuation Awards: In making a DEPARTMENT OF ENERGY necessary processes and systems to continuation award under 34 CFR comply with the reporting requirements 75.253, the Secretary considers, among Federal Energy Regulatory in 2 CFR part 170, should you receive other things: whether a grantee has Commission funding under the competition. This made substantial progress in achieving does not apply if you have an exception the goals and objectives of the project; Combined Notice of Filings under 2 CFR 170.110(b). whether the grantee has expended funds Take notice that the Commission has (b) At the end of your project period, in a manner that is consistent with its received the following Natural Gas you must submit a final performance approved application and budget; and, Pipeline Rate and Refund Report filings: report, including financial information, if the Secretary has established as directed by the Secretary. If you performance measurement Filings Instituting Proceedings receive a multiyear award, you must requirements, the performance targets in Docket Numbers: RP18–796–000. submit an annual performance report the grantee’s approved application. Applicants: Algonquin Gas that provides the most current In making a continuation award, the Transmission, LLC. performance and financial expenditure Description: § 4(d) Rate Filing: information as directed by the Secretary Secretary also considers whether the grantee is operating in compliance with Negotiated Rate for ConEd Releases under 34 CFR 75.118. The Secretary effective 5–4–18 to be effective 5/4/ may also require more frequent the assurances in its approved application, including those applicable 2018. performance reports under 34 CFR Filed Date: 5/4/18. 75.720(c). For specific requirements on to Federal civil rights laws that prohibit discrimination in programs or activities Accession Number: 20180504–5163. reporting, please go to www.ed.gov/ Comments Due: 5 p.m. ET 5/16/18. fund/grant/apply/appforms/ receiving Federal financial assistance appforms.html. from the Department (34 CFR 100.4, Docket Numbers: RP18–772–001. Performance reports for the CIBE 104.5, 106.4, 108.8, and 110.23). Applicants: Eastern Shore Natural Gas Company. Program must be submitted VII. Other Information electronically into the office of Description: Tariff Amendment: International and Foreign Language Accessible Format: Individuals with Errrata of Baseline Filing to be effective Education (IFLE) web-based reporting disabilities can obtain this document 5/1/2018. system, International Resource and a copy of the application package in Filed Date: 5/7/18. Information System (IRIS). For an accessible format (e.g., Braille, large Accession Number: 20180507–5168. information about IRIS and to view the print, audiotape, or compact disc) on Comments Due: 5 p.m. ET 5/21/18. reporting instructions, please go to request to the program contact person Docket Numbers: RP17–598–002. www.ed.gov/fund/grant/apply/ listed under FOR FURTHER INFORMATION Applicants: Great Lakes Gas appforms/appforms.html. CONTACT. Transmission Limited Partnership. (c) Under 34 CFR 75.250(b), the Electronic Access to This Document: Description: Report Filing: Refund Secretary may provide a grantee with The official version of this document is Report. additional funding for data collection the document published in the Federal Filed Date: 5/8/18. analysis and reporting. If a grantee is Register. You may access the official Accession Number: 20180508–5012. provided additional funding for this edition of the Federal Register and the Comments Due: 5 p.m. ET 5/21/18. purpose, the Secretary establishes a data Code of Federal Regulations via the Docket Numbers: RP18–730–001. collection period. Federal Digital System at: www.gpo.gov/ Applicants: Greylock Pipeline, LLC. 5. Performance Measures: Under the fdsys. At this site you can view this Description: Tariff Amendment: Government Performance and Results document, as well as all other Amendment to New filing 202 to be Act of 1993, the following measures will documents of this Department effective 5/1/2018. be used by the Department to evaluate published in the Federal Register, in Filed Date: 5/8/18. the success of the CIBE Program: text or Portable Document Format Accession Number: 20180508–5000. (a) Percentage of CIBE Program Comments Due: 5 p.m. ET 5/21/18. participants who advanced in their (PDF). To use PDF you must have professional field two years after their Adobe Acrobat Reader, which is Docket Numbers: RP18–805–000. participation. available free at the site. Applicants: Great Lakes Gas (b) Percentage of CIBE projects that You may also access documents of the Transmission Limited Partnership. established or internationalized a Department published in the Federal Description: Revenue Cap and concentration, degree, or professional Register by using the article search Revenue Sharing Mechanism True-Up program with a focus on or connection feature at: www.federalregister.gov. Report of Great Lakes Gas Transmission to international business over the course Limited Partnership. Specifically, through the advanced Filed Date: 5/4/18. of the CIBE grant period (long-term search feature at this site, you can limit measure). Accession Number: 20180504–5249. your search to documents published by Comments Due: 5 p.m. ET 5/16/18. (c) Percentage of CIBE projects for the Department. which there was an increase in the Docket Numbers: RP18–806–000. export business activities of the project’s Dated: May 9, 2018. Applicants: ENGIE Gas & LNG LLC, business industry participants. Frank T. Brogan, Exelon Generation Company, LLC. The information provided by grantees Principal Deputy Assistant Secretary and Description: Joint Petition of ENGIE in their performance reports submitted Delegated the Duties of the Assistant Gas & LNG LLC and Exelon Generation via the International Resource Secretary, Office of Planning, Evaluation, and Company, LLC for Waiver of Information System (IRIS) will be the Policy Development, Delegated the Duties of Commission Capacity Release source of data for these measures. the Assistant Secretary, Office of Regulations and Policies and Related Reporting screens for institutions can be Postsecondary Education. Natural Gas Pipeline Tariff Provisions. viewed at: http://iris.ed.gov/iris/pdfs/ [FR Doc. 2018–10225 Filed 5–11–18; 8:45 am] Filed Date: 5/7/18. CIBE.pdf. BILLING CODE 4000–01–P Accession Number: 20180507–5195.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22261

Comments Due: 5 p.m. ET 5/21/18. intervention or motion to intervene, as Generator Status of Heartland Divide Docket Numbers: RP18–807–000. appropriate. Such notices, motions, or Wind Project, LLC. Applicants: Gulf South Pipeline protests must be filed on or before the Filed Date: 5/8/18. Company, LP. comment date. On or before the Accession Number: 20180508–5111. Description: Compliance filing Filing comment date, it is not necessary to Comments Due: 5 p.m. ET 5/29/18. to Comply with Order in Docket No. serve motions to intervene or protests Take notice that the Commission CP18–107–000 (Remove SONAT) to be on persons other than the Applicant. received the following electric rate effective 6/8/2018. The Commission encourages filings: Filed Date: 5/8/18. electronic submission of protests and Docket Numbers: ER18–1416–000. Accession Number: 20180508–5007. interventions in lieu of paper using the Applicants: CED Wistaria Solar, LLC. Comments Due: 5 p.m. ET 5/21/18. ‘‘eFiling’’ link at http://www.ferc.gov. Description: Supplement to April 23, The filings are accessible in the Persons unable to file electronically 2018 CED Wistaria Solar, LLC tariff Commission’s eLibrary system by should submit an original and 5 copies filing [Exhibit B]. clicking on the links or querying the of the protest or intervention to the Filed Date: 5/2/18. docket number. Federal Energy Regulatory Commission, Accession Number: 20180502–5188. Any person desiring to intervene or 888 First Street NE, Washington, DC Comments Due: 5 p.m. ET 5/23/18. 20426. protest in any of the above proceedings Docket Numbers: ER18–1539–000. must file in accordance with Rules 211 This filing is accessible on-line at http://www.ferc.gov, using the Applicants: PacifiCorp. and 214 of the Commission’s Description: § 205(d) Rate Filing: Regulations (18 CFR 385.211 and ‘‘eLibrary’’ link and is available for review in the Commission’s Public Tooele Non-Conforming SGIA to be 385.214) on or before 5:00 p.m. Eastern effective 4/16/2018. time on the specified comment date. Reference Room in Washington, DC There is an ‘‘eSubscription’’ link on the Filed Date: 5/7/18. Protests may be considered, but Accession Number: 20180507–5172. intervention is necessary to become a website that enables subscribers to receive email notification when a Comments Due: 5 p.m. ET 5/29/18. party to the proceeding. Docket Numbers: ER18–1540–000. eFiling is encouraged. More detailed document is added to a subscribed docket(s). For assistance with any FERC Applicants: NorthWestern information relating to filing Corporation. requirements, interventions, protests, Online service, please email [email protected], or call Description: § 205(d) Rate Filing: SA service, and qualifying facilities filings 305 11th Rev—NITSA with Stillwater can be found at: http://www.ferc.gov/ (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Mining Company to be effective 7/1/ docs-filing/efiling/filing-req.pdf. For 2018. other information, call (866) 208–3676 Comment Date: 5:00 p.m. Eastern Time on May 18, 2018. Filed Date: 5/8/18. (toll free). For TTY, call (202) 502–8659. Accession Number: 20180508–5001. Dated: May 8, 2018. Dated: May 8, 2018. Comments Due: 5 p.m. ET 5/29/18. Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., Docket Numbers: ER18–1541–000. Deputy Secretary. Deputy Secretary. Applicants: Southwest Power Pool, [FR Doc. 2018–10185 Filed 5–11–18; 8:45 am] [FR Doc. 2018–10184 Filed 5–11–18; 8:45 am] Inc. BILLING CODE 6717–01–P BILLING CODE 6717–01–P Description: Compliance filing: AEP Transcos Formula Rate Compliance Filing Pursuant to Order in EL18–63 to DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY be effective 1/1/2018. Filed Date: 5/8/18. Federal Energy Regulatory Federal Energy Regulatory Commission Accession Number: 20180508–5028. Commission Comments Due: 5 p.m. ET 5/29/18. [Docket Nos. EL18–123–000; QF87–481– Combined Notice of Filings #1 Docket Numbers: ER18–1542–000. 002] Applicants: American Electric Power Take notice that the Commission Service Corporation, Southwest Power received the following electric corporate T.E.S. Filer City Station Limited Pool, Inc. filings: Partnership; Notice of Supplemental Description: § 205(d) Rate Filing: AEP Filing Docket Numbers: EC18–91–000. Formula Rate Revisions to be effective Applicants: NextEra Energy Take notice that on May 7, 2018, 1/1/2018. Transmission Midatlantic, LLC. Filed Date: 5/8/18. T.E.S. Filer City Station Limited Description: Application for Accession Number: 20180508–5049. Partnership filed a Supplement to the Authorization Under Section 203 of the Comments Due: 5 p.m. ET 5/29/18. March 5, 2018 filed Application for Federal Power Act and Request for Commission Certification as a Expedited Action of NextEra Energy Docket Numbers: ER18–1543–000. Qualifying Cogeneration Facility. Transmission Midatlantic, LLC. Applicants: PacifiCorp. Any person desiring to intervene or to Filed Date: 5/7/18. Description: § 205(d) Rate Filing: protest this filing must file in Accession Number: 20180507–5194. Avangrid Const Agmt for Klamath accordance with Rules 211 and 214 of Comments Due: 5 p.m. ET 5/29/18. Metering to be effective 7/9/2018. the Commission’s Rules of Practice and Take notice that the Commission Filed Date: 5/8/18. Procedure (18 CFR 385.211, 385.214). received the following exempt Accession Number: 20180508–5063. Protests will be considered by the wholesale generator filings: Comments Due: 5 p.m. ET 5/29/18. Commission in determining the Docket Numbers: EG18–83–000. Docket Numbers: ER18–1544–000. appropriate action to be taken, but will Applicants: Heartland Divide Wind Applicants: Transource West Virginia, not serve to make protestants parties to Project, LLC. LLC, PJM Interconnection, L.L.C. the proceeding. Any person wishing to Description: Notice of Self- Description: eTariff filing per 1450: become a party must file a notice of Certification of Exempt Wholesale Transource WV submits revisions to

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22262 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

OATT, Att H–26 re: 3/15/2018 Order in service, and qualifying facilities filings send a paper copy to: Secretary, Federal EL18–70 to be effective 1/1/2018. can be found at: http://www.ferc.gov/ Energy Regulatory Commission, 888 Filed Date: 5/8/18. docs-filing/efiling/filing-req.pdf. For First Street NE, Washington, DC 20426. Accession Number: 20180508–5067. other information, call (866) 208–3676 The first page of any filing should Comments Due: 5 p.m. ET 5/29/18. (toll free). For TTY, call (202) 502–8659. include docket number P–10102–010. Docket Numbers: ER18–1545–000. Dated: May 8, 2018. Dated: May 8, 2018. Applicants: Southern California Nathaniel J. Davis, Sr., Kimberly D. Bose, Edison Company. Deputy Secretary. Secretary. Description: Tariff Cancellation: Notice of Cancellation LA Gabriel Solar [FR Doc. 2018–10183 Filed 5–11–18; 8:45 am] [FR Doc. 2018–10197 Filed 5–11–18; 8:45 am] 1 & 2 Projects SA Nos. 966–967 to be BILLING CODE 6717–01–P BILLING CODE 6717–01–P effective 4/25/2018. Filed Date: 5/8/18. DEPARTMENT OF ENERGY Accession Number: 20180508–5083. FEDERAL RESERVE SYSTEM Comments Due: 5 p.m. ET 5/29/18. Federal Energy Regulatory Formations of, Acquisitions by, and Docket Numbers: ER18–1546–000. Commission Mergers of Bank Holding Companies Applicants: AEP Appalachian Transmission Company, Inc., AEP [Project No. 10102–010] The companies listed in this notice Indiana Michigan Transmission Franklin Springer, Watershed Ranch have applied to the Board for approval, Company, Inc., AEP Kentucky LLC; Notice of Application for Transfer pursuant to the Bank Holding Company Transmission Company, Inc., AEP Ohio of License and Soliciting Comments, Act of 1956 (12 U.S.C. 1841 et seq.) Transmission Company, Inc., AEP West Motions To Intervene, and Protests (BHC Act), Regulation Y (12 CFR part Virginia Transmission Company, Inc., 225), and all other applicable statutes PJM Interconnection, L.L.C. On February 20, 2018 and and regulations to become a bank Description: eTariff filing per 1450: supplemented on April 16, 2018, holding company and/or to acquire the AEP submits revisions to OATT, Att H– Franklin Springer (transferor) and assets or the ownership of, control of, or 20B Part I re: Tax Reform EL18–62 to be Watershed Ranch LLC (transferee) filed the power to vote shares of a bank or effective 1/1/2018. an application for the transfer of license bank holding company and all of the Filed Date: 5/8/18. of the Springer Hydro No. 1 Project No. banks and nonbanking companies Accession Number: 20180508–5118. 10102. The project is located on the owned by the bank holding company, Comments Due: 5 p.m. ET 5/29/18. McFadden and Morrison Creeks in including the companies listed below. Docket Numbers: ER18–1547–000. Chaffee County, Colorado. The project The applications listed below, as well Applicants: The Dayton Power and does not occupy Federal lands. as other related filings required by the Light Company, PJM Interconnection, The applicants seek Commission Board, are available for immediate L.L.C. approval to transfer the license for the inspection at the Federal Reserve Bank Description: eTariff filing per 1450: Springer Hydro No. 1 Project from the indicated. The applications will also be Dayton submits revisions to OATT Att. transferor to the transferee. available for inspection at the offices of H–15 re: Order to Show Cause EL18– Applicants Contact: For transferor: the Board of Governors. Interested 117 to be effective 3/21/2018. Mr. Franklin Springer, 18840 Mountain persons may express their views in Filed Date: 5/8/18. View Drive, Buena Vista, CO 81211, writing on the standards enumerated in Accession Number: 20180508–5148. Phone 719–395–2364. the BHC Act (12 U.S.C. 1842(c)). If the Comments Due: 5 p.m. ET 5/29/18. For transferee: Ms. Kathryn L. Welter, proposal also involves the acquisition of Docket Numbers: ER18–1548–000. Watershed Ranch LLC, 18840 Mountain a nonbanking company, the review also Applicants: Seguro Energy Partners, View Drive, Buena Vista, CO 81211, includes whether the acquisition of the LLC. Phone 719–395–9244, Email: nonbanking company complies with the Description: Baseline eTariff Filing: [email protected]. standards in section 4 of the BHC Act Application For Market Based Rate to be FERC Contact: Patricia W. Gillis, (202) (12 U.S.C. 1843). Unless otherwise effective 7/9/2018. 502–8735, [email protected]. noted, nonbanking activities will be Filed Date: 5/8/18. Deadline for filing comments, motions conducted throughout the United States. Accession Number: 20180508–5152. to intervene, and protests: 30 days from Unless otherwise noted, comments Comments Due: 5 p.m. ET 5/29/18. the date that the Commission issues this regarding each of these applications The filings are accessible in the notice. The Commission strongly must be received at the Reserve Bank Commission’s eLibrary system by encourages electronic filing. Please file indicated or the offices of the Board of clicking on the links or querying the comments, motions to intervene, and Governors not later than June 8, 2018. docket number. protests using the Commission’s eFiling A. Federal Reserve Bank of St. Louis Any person desiring to intervene or system at http://www.ferc.gov/docs- (David L. Hubbard, Senior Manager) protest in any of the above proceedings filing/efiling.asp. Commenters can P.O. Box 442, St. Louis, Missouri must file in accordance with Rules 211 submit brief comments up to 6,000 63166–2034. Comments can also be sent and 214 of the Commission’s characters, without prior registration, electronically to Comments. Regulations (18 CFR 385.211 and using the eComment system at http:// [email protected]: 385.214) on or before 5:00 p.m. Eastern www.ferc.gov/docs-filing/ 1. First National Bancorp, Inc., Green time on the specified comment date. ecomment.asp. You must include your Forest, Arkansas; through its affiliate, Protests may be considered, but name and contact information at the end Legacy BancShares, Inc., Springdale, intervention is necessary to become a of your comments. For assistance, Arkansas, to indirectly acquire 8.10 party to the proceeding. please contact FERC Online Support at percent of the voting shares of Gravett eFiling is encouraged. More detailed [email protected], (866) Bancshares, Inc., Gravette, Arkansas, information relating to filing 208–3676 (toll free), or (202) 502–8659 and thereby indirectly acquire Bank of requirements, interventions, protests, (TTY). In lieu of electronic filing, please Gravett, Gravette, Arkansas.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22263

2. Legacy BancShares, Inc., Toxic Substances and Disease Registry, Availability Springdale, Arkansas; to merge with 1600 Clifton Rd. NE, MS F–57, Atlanta, The Draft Interaction Profile for Gravett Bancshares, Inc., Gravette, GA 30329, Attn: Docket ATSDR–2018– Mixtures of Insecticides: Pyrethroids, Arkansas, and thereby indirectly acquire 0004. Organophosphorus Compounds, and Bank of Gravett, Gravette, Arkansas. Instructions: All submissions must Carbamates is available online at Board of Governors of the Federal Reserve include the agency name and docket https://www.atsdr.cdc.gov/ System, May 9, 2018. number for this notice. All relevant interactionprofiles/index.asp and at Yao-Chin Chao, comments will be posted without www.regulations.gov, Docket No. Assistant Secretary of the Board. change. This means that no confidential ATSDR–2018–0004. [FR Doc. 2018–10198 Filed 5–11–18; 8:45 am] business information or other Pamela I. Protzel Berman, confidential information should be BILLING CODE P Director, Office of Policy, Planning and submitted in response to this notice. Partnerships, Agency for Toxic Substances FOR FURTHER INFORMATION CONTACT: Dr. and Disease Registry. DEPARTMENT OF HEALTH AND Hana Pohl, Division of Toxicology and [FR Doc. 2018–10204 Filed 5–11–18; 8:45 am] HUMAN SERVICES Human Health Sciences, Agency for BILLING CODE 4163–70–P Toxic Substances and Disease Registry, Agency for Toxic Substances and 1600 Clifton Rd. NE, MS F–57, Atlanta, Disease Registry GA 30329. Telephone: 770.488.3355. DEPARTMENT OF HEALTH AND [Docket No. ATSDR–2018–0004] Email: [email protected]. HUMAN SERVICES Availability of Draft Interaction Profile SUPPLEMENTARY INFORMATION: ATSDR Centers for Disease Control and for Mixtures of Insecticides: develops interaction profiles for Prevention Pyrethroids, Organophosphorus hazardous substances found at the Compounds, and Carbamates National Priorities List (NPL) sites Board of Scientific Counselors, under Sections 104(i)(3) and (5) of the National Center for Injury Prevention AGENCY: Agency for Toxic substances Comprehensive Environmental and Control, (BSC, NCIPC) and Disease Registry (ATSDR), Response, Compensation, and Liability AGENCY: Centers for Disease Control and Department of Health and Human Act of 1980 (CERCLA), as amended by Services (HHS). Prevention (CDC), Department of Health the Superfund Amendments and and Human Services (HHS). ACTION: Notice of availability; request Reauthorization Act of 1986 (SARA). ACTION: Notice of meeting. for comments. This law requires that ATSDR assess whether or not adequate information on SUMMARY: In accordance with the SUMMARY: The Agency for Toxic Substances and Disease Registry health effects is available for priority Federal Advisory Committee Act, the (ATSDR), within the Department of hazardous substances. Where such CDC announces the following meeting Health and Human Services (HHS) information is not available or under for the Board of Scientific Counselors, announces the availability of the Draft development, ATSDR shall, in National Center for Injury Prevention Interaction Profile for Mixtures of cooperation with the National and Control, (BSC, NCIPC). This Insecticides: Pyrethroids, Toxicology Program, initiate a research meeting is open to the public limited Organophosphorus Compounds, and program to determine these health only by the space and ports available. Carbamates for review and comment. effects. The Act further directs that, The meeting room accommodates 70 This interaction profile evaluates a where feasible, ATSDR shall develop participants and there will be 125 ports mixture of chemicals often found in methods to determine the health effects available. Due to the limited human blood, adipose tissue, and breast of these priority hazardous substances accommodations by phone ports and milk. The purpose of this interaction in combination with other substances room size, we are encouraging the profile is to investigate the possible joint commonly found with them. public to please register using the link actions of these chemicals on endocrine, To carry out these legislative provided: Register Here. There will be developmental, and neurobehavioral mandates, ATSDR has created a public comment periods from 11:10 a.m.–11:40 a.m., on June 19, 2018, and endpoints in humans. This interaction chemical mixtures program and from 11:30 a.m.–11:45 a.m., on June 20, profile has undergone external peer- developed a document, ‘‘Framework for 2018. All public comments will be review and review by ATSDR’s Assessing Health Impacts of Multiple limited to two-minutes per speaker. Interagency Workgroup on Mixtures. Chemicals and Other Stressors,’’ that ATSDR remains committed to outlines the latest methods for mixtures DATES: The meeting will be held on June providing a public comment period for health assessment. The Framework 19, 2018, 8:30 a.m.–5:15 p.m., EDT and these documents as a means to best document is available online at https:// June 20, 2018, 8:30 a.m.–12:15 p.m., serve public health and the public. www.atsdr.cdc.gov/interactionprofiles/ EDT. DATES: Comments must be submitted by ipga.html. In addition, a series of ADDRESSES: Center for Disease Control August 13, 2018. documents, called ‘‘interaction and Prevention, Chamblee Campus, ADDRESSES: You may submit comments, profiles,’’ is developed for certain 4770 Buford Highway, Building 107, identified by docket number ATSDR– priority mixtures that are of special Conference Room 1–A/B, Atlanta, 2018–0004, by any of the following concern to ATSDR. To recommend Georgia 30341 and via Teleconference: methods: approaches for the exposure-based Dial-In Number: 1–888–769–9404, • Internet: Access the Federal assessment of the potential hazard to Participant Code: 5536840. (U.S. & eRulemaking Portal at public health, an interaction profile Canada Participants) 1–210–234–0065, www.regulations.gov. Follow the evaluates data on the toxicology of the Participant Code: 5536840 (International instructions for submitting comments. whole priority mixture, if available, and Participants). • Mail: Division of Toxicology and on the joint toxic action of the FOR FURTHER INFORMATION CONTACT: Human Health Sciences, Agency for chemicals in the mixture. Gwendolyn H. Cattledge, Ph.D.,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22264 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

M.S.E.H., Deputy Associate Director for a.m.–11:40 a.m. to be considered before • SUPPLEMENTARY INFORMATION: Science, NCIPC, CDC, 4770 Buford the BSC vote. Day Two: The agenda will • BACKGROUND: • INFORMATION NEEDS: Highway NE, Mailstop F–63, Atlanta, include discussions on reducing youth • GA 30341, Telephone (770) 488–1430, violence through CDC’s National REFERENCES: Email address: [email protected]. Centers of Excellence in Youth Violence DATES: Electronic or written comments SUPPLEMENTARY INFORMATION: Prevention, and discuss improvements must be received by July 13, 2018. Purpose: The Board will: (1) Conduct, to Web-based Injury Statistics Query ADDRESSES: You may submit comments, encourage, cooperate with, and assist and Reporting System (WISQARS) data identified by CDC–2018–0046 and other appropriate public health visualization. Agenda items are subject docket number NIOSH–313, by any of authorities, scientific institutions, and to change as priorities dictate. the following methods: scientists in the conduct of research, The Director, Management Analysis • Federal eRulemaking Portal: http:// investigations, experiments, and Services Office, has been delegated www.regulations.gov. Follow the demonstrations, and studies relating to the authority to sign Federal Register instructions for submitting comments. the causes, diagnosis, treatment, control, notices pertaining to announcements of • Mail: National Institute for and prevention of physical and mental meetings and other committee Occupational Safety and Health, NIOSH diseases, and other impairments; (2) management activities, for both the Docket Office, 1090 Tusculum Avenue, assist States and their political Centers for Disease Control and MS C–34, Cincinnati, Ohio 45226–1998. subdivisions in preventing and Prevention and the Agency for Toxic Instructions: All information received suppressing communicable and non- Substances and Disease Registry. in response to this notice must include the agency name and docket number communicable diseases and other Claudette Grant, preventable conditions and in [CDC–2018–0046; NIOSH–313]. All Acting Director, Management Analysis and relevant comments received will be promoting health and well-being; and Services Office, Centers for Disease Control (3) conduct and assist in research and and Prevention. posted without change to www.regulations.gov, including any control activities related to injury. The [FR Doc. 2018–10224 Filed 5–11–18; 8:45 am] personal information provided. For Board of Scientific Counselors makes BILLING CODE 4163–18–P recommendations regarding policies, access to the docket to read background strategies, objectives, and priorities; and documents or comments received, go to reviews progress toward injury DEPARTMENT OF HEALTH AND www.regulations.gov. All information prevention goals and provides evidence HUMAN SERVICES received in response to this notice will in injury prevention-related research also be available for public examination and programs. The Board also provides Centers for Disease Control and and copying at the NIOSH Docket advice on the appropriate balance of Prevention Office, 1150 Tusculum Avenue, Room 155, Cincinnati, OH 45226–1998. intramural and extramural research, the [Docket Number CDC–2018–0046, NIOSH– structure, progress and performance of 313] FOR FURTHER INFORMATION CONTACT: intramural programs. The Board is Hongwei Hsiao, Ph.D., NIOSH Division designed to provide guidance on Occupational Robotics Research of Safety Research, 1095 Willowdale extramural scientific program matters, Prioritization Road, Morgantown, WV 26505, 304– including the: (1) Review of extramural 285–5910 (not a toll-free number), research concepts for funding AGENCY: National Institute for [email protected]. opportunity announcements; (2) Occupational Safety and Health SUPPLEMENTARY INFORMATION: Industrial conduct of Secondary Peer Review of (NIOSH) of the Centers for Disease robots have been a significant part of the extramural research grants, cooperative Control and Prevention (CDC), workplace for decades. Within the last agreements, and contracts applications Department of Health and Human decade, there have been dramatic received in response to the funding Services (HHS). advances in robotics technology which opportunity announcements as it relates ACTION: Request for information and have changed the types of work to the Center’s programmatic balance comment. performed by robots and how robots and mission; (3) submission of SUMMARY: The National Institute for interact with human workers. Whereas secondary review recommendations to Occupational Safety and Health of the traditional industrial robots operate in the Center Director of applications to be Centers for Disease Control and cages or cells that are off-limits to considered for funding support; (4) Prevention has recently established the human workers, newer types of robots review of research portfolios, and (5) Center for Occupational Robotics are designed to work in collaboration review of program proposals. Research. NIOSH is requesting with and in shared spaces with human Matters To Be Considered: Day One: information to guide the prioritization workers. In collaborative operation, The agenda will include discussions on of research to be undertaken by the robots work in close proximity to Methodologies for Estimating Rates of Center. NIOSH is seeking input on humans and can potentially come into Opioid Prescribing; a request and BSC priority gaps in knowledge on the safety contact depending on the collaborative vote to establish a workgroup to and health of humans working with functionality implemented into the estimate, or provide reference points for, robotics technology, with an emphasis robot system. The use of robots has been opioid prescribing for acute and chronic on worker safety and health research rapidly increasing in many industrial pain; the Center’s focus on science which is unlikely to be completed by sectors, including the manufacturing, matters to include research strategies other federal agencies, academia, and healthcare, mining, and construction needed to guide the Center’s focus on the private sector. sectors. The International Federation of reducing opioid overdose; and CDC and Robotics reported that the worldwide NIH research to reduce opioid overdose. Table of Contents growth of industrial robots will be at Public comments on the formation of • DATES: least 15% annually from 2018 to 2020, the Opioid Prescribing Estimates • ADDRESSES: and the stock of operational industrial workgroup must be made during the • FOR FURTHER INFORMATION robots will exceed 3 million units by the comment period on June 19, 2018, 11:10 CONTACT: end of 2020 [IFR 2017]. Within the

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22265

United States, sales of robots for caged robots, current and emerging may have different implications industrial applications were at an all- robot systems (e.g., robots equipped associated with different types and time high in 2016, and have continued with collaborative functionality, co- characteristics of robotics technologies. to increase since 2010 [IFR 2017]. existing and mobile robots, powered This line of research also includes The IFR also reports that robots exoskeletons/exosuits, drones, and off- friction and shear injury thresholds equipped with collaborative road autonomous vehicles), and future from exoskeleton contact with body functionality and utilizing machine robots utilizing artificial intelligence. regions and joint hyperextension risks learning and artificial intelligence will The Center will conduct and encourage associated with wearable robots. lead the robotics field in the coming research on robotics as engineering • Study of human workers’ years, and that robots will be controls to improve workplace safety, as acceptance to working with and increasingly used by small and medium well as robots as potential hazards to alongside robots and its impacts on sized businesses. worker safety and well-being, including human-robot interaction and worker Robots are changing the industrial psychosocial impacts from humans safety and well-being. This includes landscape which will have significant working closely with robots. The Center workers’ attitudes, trust, and perceived implications for worker safety and will not address non-powered safety. health. Worker safety and health may be exoskeletons, algorithms that do not • Measurement of worker’s improved through increased use of involve machine movement (e.g., situational awareness, which refers to robots for work that can be dangerous to software bots that write news stories), an ability to identify, process, and humans, including repetitive tasks and robot functions and efficiency. The comprehend environmental which are hazardous for Center will work in partnership with information, and its impacts on human- musculoskeletal health, and work academic researchers, trade robot interactions under normal and performed in hazardous environments, associations, robot manufacturers and abnormal operating conditions. This such as confined spaces and work at integrators, employers using robotics research includes evaluation of existing heights. However, there also are technology, labor organizations, and situational awareness research methods concerns for human worker safety and other federal agencies. The Center aims and tools for application to varied health arising from the rapid advances to fill gaps in worker safety and health robotics technologies and work of robotics technologies, lack of knowledge that are unlikely to be environments. experience working closely with new addressed independently by other • Study of safe, intuitive, and useful and emerging types of robots in varied federal agencies, academia, and the robot technologies and engineering work settings, and the potential for private sector. features of collaborative and co-existing unforeseen hazards and unanticipated The Center for Occupational Robotics robot systems (e.g., enhanced robot consequences [Murashov et al. 2016]. Research has nominally identified sensors, mobility and navigation Predicted rapid growth in availability research needs to be addressed by the systems, adaptation and self-learning and sales of robots designed to work in Center. These research needs are systems, design and programming of close cooperation with human workers, consistent with robot-related research autonomous robots, automation and continued expansion into broader goals included in the recently finalized operation assistance systems, and cyber- industry sectors and small and medium NIOSH Strategic Plan: FYs 2019–2023, social-physical security) for hazard sized businesses, may present new risks but are more detailed. The research exposure assessments, field inspections, or exacerbate existing risks for many needs are organized by the four research and incident investigations. workplaces. types conducted by NIOSH: Basic/ • Study of interface and safety While the volume of robotics research etiologic, intervention, translation, and communication features of robots with being conducted by the private sector, surveillance. NIOSH is seeking feedback collaborative functions, powered academia, and other federal agencies is on potential refinements to these exoskeletons (i.e. wearable robots), large [Robotics Virtual Organization research needs that address important service robots, and other interactive 2016], research focusing on the worker safety and health knowledge robots that may cause human injuries implications for worker safety and gaps that have not been addressed, and from sources such as unintended health has been limited, but critical. how the identified research should be contact, collision, vibration, and Whereas other federal agencies and prioritized. The identified research overexertion. academic programs strongly support needs follow. • Identification of task-related and technological advances in robotics and Basic/etiologic: This type of research environmental risk factors that are promote use in certain industries, builds a foundation of scientific specific to certain industrial sectors that NIOSH aims to focus on worker safety knowledge to base future interventions. have a high prevalence of robots (e.g., and well-being with its vast experience Most laboratory research falls into this manufacturing), or in which robotics in studying worker safety in the lab and category, as well as exposure technology is beginning to be in the field. Additionally, NIOSH has assessment. Robot-related injuries occur introduced (e.g., mining, healthcare, knowledge and expertise on diverse as a result of complex interactions of services, construction, agriculture, characteristics of worker populations, multiple risk factors which can be public safety, and wholesale sectors). occupations and tasks, industries, and characterized as: Human-related, robot- • Study of hazardous situations workplace environments. related, and task-related and outside normal operating conditions, In September 2017, NIOSH environmental. Research needs in this such as robot breakdowns and established the Center for Occupational area include: malfunctions and unexpected changes Robotics Research (CORR), https:// • Identification of human worker risk in the environment. www.cdc.gov/niosh/topics/robotics/ factors and refinement and development Intervention: This type of research default.html. The Center’s mission is to of science-based requirements and pain engages in the development and provide scientific leadership to guide and injury thresholds for human worker evaluation of a solution to an the development and use of robots in contact with robots in the workplace. occupational safety and health problem the workplace that enhance worker The factors include workers’ cognitive or the improvement of an existing safety, health, and well-being. The capability, physiological characteristics, intervention. Intervention is a broad Center covers traditional fixed and biometrics, and anthropometry, and term that includes engineering controls,

VerDate Sep<11>2014 18:33 May 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22266 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

personal protective equipment, training, stakeholders of existing and new that should guide our research and fact sheets and other written guidance. activities. materials intended to inform and change • Study of awareness and acceptance References: worker behavior. There are two primary of organizations to using evidence-based thrusts to this area of occupational resources to implement robot safety Endsley M. and Jones D. [2013]. Designing robotics research: (1) Evaluation of management programs. situational awareness: an approach to robotics technologies as preventive Surveillance: Surveillance is a public user-centered design. Boca Raton, FL, CRC Press. measures for existing workplace hazards health term for the ongoing and International Federation of Robotics (IFR) and (2) development and evaluation of systematic collection, analysis, and [2017]. Executive summary world interventions to reduce robot-related interpretation of data on health robotics 2017 industrial robots. [https:// injury incidents and improve the safety outcomes (e.g., injuries and illnesses) ifr.org/downloads/press/Executive_ and well-being of human workers and contributors (e.g., behaviors or Summary_WR_2017_Industrial_ working with robotics technologies. actions), and the dissemination of these Robots.pdf]. Specific research needs in this area data to those in position to take action. Murashov V., Hearl F., Howard J. [2016]. Working safety with robot worker: include: Surveillance research includes • recommendations for the new Collection and analysis of development of new methods, tools, and workplace. J Occup Environ Hyg differences in fatalities, injuries, and analytic techniques. Current worker 13(3):D61–71. near-miss incidences between injury data systems do not include Robotics Virtual Organization [2016]. A workplaces using robotics technologies detailed information on how a robot- roadmap for U.S. Robotics: from internet and similar workplaces without robotics related fatality or injury incident to robotics (2016 Edition). [https:// technology. occurred. There is case-based robotics-vo.us/node/562]. • Evaluation of robotics technologies information from investigations of Dated: May 8, 2018. as interventions for preventing existing worker injury deaths conducted by John J. Howard, hazards and resulting injuries in the NIOSH and the Occupational Safety and Director, National Institute for Occupational workplace such as musculoskeletal Health Administration (OSHA). Safety and Health, Centers for Disease Control disorders. However, these investigation findings and Prevention. • Evaluation of training that helps are limited to the traditional industrial [FR Doc. 2018–10165 Filed 5–11–18; 8:45 am] workers acquire skills, knowledge, and robots, and do not address emerging BILLING CODE 4163–19–P abilities needed to work with robots in robotics technologies. Additionally, complex and dynamic industrial case-based information may not be environments. representative of all robot-related DEPARTMENT OF HEALTH AND • Study of the effectiveness of fatalities. Occupational robotics HUMAN SERVICES existing safety standards, certifications, surveillance research needs include: and regulations for industrial robot • Development of surveillance Centers for Medicare & Medicaid safety (e.g., ISO/TS 15066, ANSI/RIA methods and/or analytic techniques to Services R15.06, ISO 10218.01, ISO 10218.02, identify and monitor robot-related [Document Identifiers: CMS–1557] UL1740) in ensuring the safety and injury incidents and risk factors, and well-being of human workers. quantify the burden of occupational Agency Information Collection • Research on new workplace injuries using existing data systems. Activities: Submission for OMB interventions to improve the safety and • Case-based investigations of Review; Comment Request well-being of human workers working fatalities, injuries and near-miss AGENCY: Centers for Medicare & with robotics technologies, including incidents involving new robotics Medicaid Services, Department of engineering controls and administrative technologies to understand multi- Health and Human Services. controls. Research may address costs faceted contributors to the incident. ACTION: Notice. and benefits, such as an assessment of Background: The purpose of the the costs of the intervention and Request for Information is to seek input SUMMARY: The Centers for Medicare & impacts on productivity. on priority research areas that NIOSH Medicaid Services (CMS) is announcing Translation: This type of research will address through the Center for an opportunity for the public to discovers strategies to translate research Occupational Robotics Research. comment on CMS’ intention to collect findings and theoretical knowledge to Information Needs: NIOSH is seeking information from the public. Under the practices or technologies in the feedback on potential refinements to the Paperwork Reduction Act of 1995 workplace. This type of research seeks four broad research areas identified (PRA), federal agencies are required to to understand why available, effective, above, any additional knowledge gaps publish notice in the Federal Register evidence-based interventions are not not addressed by these research areas, concerning each proposed collection of being adopted, and to facilitate the use and how the research areas should be information, including each proposed of existing or newly developed prioritized. Commenters are asked to extension or reinstatement of an existing interventions. Occupational robotics focus on research areas that NIOSH has collection of information, and to allow research needs in this area include: comparative advantage in, compared to a second opportunity for public • Research on aids and barriers to other federal agencies, academia, and comment on the notice. Interested employers using long established safety the private sector (i.e., worker safety and persons are invited to send comments procedures for protecting workers from well-being as opposed to robot regarding the burden estimate or any traditional industrial robots. technologies and production). When other aspect of this collection of • Development and evaluation of possible, NIOSH asks that commenters information, including the necessity and plain-language guidance on preventing provide data and citations of relevant utility of the proposed information robot-related injuries to workers. research to justify their comments. collection for the proper performance of • Development and evaluation of NIOSH is also seeking recommendations the agency’s functions, the accuracy of dissemination strategies to facilitate the for key scientific articles addressing the estimated burden, ways to enhance use by employers and other worker safety and health and robotics the quality, utility, and clarity of the

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22267

information to be collected, and the use approved collection; Title of collection for the proper performance of of automated collection techniques or Information Collection: Survey Report the agency’s functions, the accuracy of other forms of information technology to Form for Clinical Laboratory the estimated burden, ways to enhance minimize the information collection Improvement Amendments (CLIA) and the quality, utility, and clarity of the burden. Supporting Regulations; Use: The form information to be collected and the use is used to report surveyor findings DATES: Comments on the collection(s) of of automated collection techniques or during a CLIA survey. For each type of information must be received by the other forms of information technology to survey conducted (i.e., initial OMB desk officer by June 13, 2018. minimize the information collection certification, recertification, validation, burden. ADDRESSES: When commenting on the complaint, addition/deletion of DATES: Comments on the collection(s) of proposed information collections, specialty/subspecialty, transfusion information must be received by the please reference the document identifier fatality investigation, or revisit OMB desk officer by June 22, 2018. or OMB control number. To be assured inspections) the Survey Report Form consideration, comments and incorporates the requirements specified ADDRESSES: When commenting on the recommendations must be received by in the CLIA regulations. Form Number: proposed information collections, the OMB desk officer via one of the CMS–1557 (OMB control number: please reference the document identifier following transmissions: OMB, Office of 0938–0544); Frequency: Biennially; or OMB control number. To be assured Information and Regulatory Affairs; Affected Public: Private sector (Business consideration, comments and Attention: CMS Desk Officer; Fax or other for-profit and Not-for-profit recommendations must be received by Number: (202) 395–5806 OR Email: institutions, State, Local or Tribal the OMB desk officer via one of the [email protected]. Governments and Federal Government); following transmissions: OMB, Office of To obtain copies of a supporting Number of Respondents: 19,183; Total Information and Regulatory Affairs, statement and any related forms for the Annual Responses: 9,592; Total Annual Attention: CMS Desk Officer, Fax proposed collection(s) summarized in Hours: 4,796. (For policy questions Number: (202) 395–5806 OR Email: this notice, you may make your request regarding this collection contact [email protected]. using one of following: Kathleen Todd at 410–786–3385). To obtain copies of a supporting 1. Access CMS’ website address at statement and any related forms for the Dated: May 8, 2018. website address at https://www.cms.gov/ proposed collection(s) summarized in William N. Parham, III, Regulations-and-Guidance/Legislation/ this notice, you may make your request PaperworkReductionActof1995/PRA- Director, Paperwork Reduction Staff, Office using one of following: of Strategic Operations and Regulatory Listing.html. Affairs. 1. Access CMS’ website address at 1. Email your request, including your http://www.cms.hhs.gov/ [FR Doc. 2018–10135 Filed 5–11–18; 8:45 am] address, phone number, OMB number, PaperworkReductionActof1995. and CMS document identifier, to BILLING CODE 4120–01–P 2. Email your request, including your [email protected]. address, phone number, OMB number, 2. Call the Reports Clearance Office at DEPARTMENT OF HEALTH AND and CMS document identifier, to (410) 786–1326. HUMAN SERVICES [email protected]. FOR FURTHER INFORMATION CONTACT: 3. Call the Reports Clearance Office at Reports Clearance Office at (410) 786– Centers for Medicare & Medicaid (410) 786–1326. 1326. Services FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Under the [Document Identifier: CMS–10307] Reports Clearance Office at (410) 786– Paperwork Reduction Act of 1995 (PRA) 1326. (44 U.S.C. 3501–3520), federal agencies Agency Information Collection SUPPLEMENTARY INFORMATION: Under the must obtain approval from the Office of Activities: Submission for OMB Paperwork Reduction Act of 1995 (PRA) Management and Budget (OMB) for each Review; Comment Request (44 U.S.C. 3501–3520), federal agencies collection of information they conduct AGENCY: Centers for Medicare & must obtain approval from the Office of or sponsor. The term ‘‘collection of Medicaid Services, HHS. Management and Budget (OMB) for each information’’ is defined in 44 U.S.C. ACTION: Notice. collection of information they conduct 3502(3) and 5 CFR 1320.3(c) and or sponsor. The term ‘‘collection of includes agency requests or SUMMARY: The Centers for Medicare & information’’ is defined in 44 U.S.C. requirements that members of the public Medicaid Services (CMS) is announcing 3502(3) and 5 CFR 1320.3(c) and submit reports, keep records, or provide an opportunity for the public to includes agency requests or information to a third party. Section comment on CMS’ intention to collect requirements that members of the public 3506(c)(2)(A) of the PRA (44 U.S.C. information from the public. Under the submit reports, keep records, or provide 3506(c)(2)(A)) requires federal agencies Paperwork Reduction Act of 1995 information to a third party. Section to publish a 30-day notice in the (PRA), federal agencies are required to 3506(c)(2)(A) of the PRA (44 U.S.C. Federal Register concerning each publish notice in the Federal Register 3506(c)(2)(A)) requires federal agencies proposed collection of information, concerning each proposed collection of to publish a 30-day notice in the including each proposed extension or information, including each proposed Federal Register concerning each reinstatement of an existing collection extension or reinstatement of an existing proposed collection of information, of information, before submitting the collection of information, and to allow including each proposed extension or collection to OMB for approval. To a second opportunity for public reinstatement of an existing collection comply with this requirement, CMS is comment on the notice. Interested of information, before submitting the publishing this notice that summarizes persons are invited to send comments collection to OMB for approval. To the following proposed collection(s) of regarding the burden estimate or any comply with this requirement, CMS is information for public comment: other aspect of this collection of publishing this notice that summarizes 1. Type of Information Collection information, including the necessity and the following proposed collection(s) of Request: Revision of a currently utility of the proposed information information for public comment:

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22268 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

1. Type of Information Collection Claims Denial Disclosure Under Dated: May 8, 2018. Request: Revision of a currently MHPAEA William N. Parham, III, approved collection; Title of Director, Paperwork Reduction Staff, Office Information Collection: Medical MHPAEA section 512(b) specifically of Strategic Operations and Regulatory Necessity and Claims Denial Disclosures amends the PHS Act to require plan Affairs. under MHPAEA; Use: The Paul administrators or health insurance [FR Doc. 2018–10130 Filed 5–11–18; 8:45 am] Wellstone and Pete Domenici Mental issuers to provide, upon request, the BILLING CODE 4120–01–P Health Parity and Addiction Equity Act reason for any denial or reimbursement of 2008 (MHPAEA) (Pub. L. 110–343) of payment for MH/SUD services to the generally requires that group health participant or beneficiary involved in DEPARTMENT OF HEALTH AND plans and group health insurance the case. The Interim Final Rules Under HUMAN SERVICES issuers offering mental health or the Paul Wellstone and Pete Domenici substance use disorder (MH/SUD) Mental Health Parity and Addiction Administration for Children and benefits in addition to medical and Equity Act of 2008 (75 FR 5410, Families surgical (med/surg) benefits ensure that February 2, 2010) and the Final Rules Submission for OMB Review; they do not apply any more restrictive under the Paul Wellstone and Pete Comment Request financial requirements (e.g., co-pays, Domenici Mental Health Parity and deductibles) and/or treatment Addiction Equity Act of 2008 Title: Implementation Grants to limitations (e.g., visit limits) to MH/SUD implement 45 CFR 146.136(d)(2), which Develop a Model Intervention for benefits than those requirements and/or sets forth rules for providing reasons for Youth/Young Adults with Child Welfare limitations applied to substantially all claims denial. CMS administers Involvement at Risk of Homelessness: med/surg benefits. MHPAEA with respect to non-Federal Phase II—Extension. The Patient Protection and Affordable governmental plans and health OMB NO.: 0970–0445. Care Act, Public Law 111–148, was insurance issuers, and the regulation Description: The Administration for enacted on March 23, 2010, and the provides a safe harbor such that non- Children and Families (ACF) at the U.S. Health Care and Education Federal governmental plans (and issuers Department of Health and Human Reconciliation Act of 2010, Public Law offering coverage in connection with Services (HHS) intends to collect data 111–152, was enacted on March 30, such plans) are deemed to comply with for an evaluation of the initiative, 2010. These statutes are collectively requirements of paragraph (d)(2) of 45 Implementation Grants to Develop a known as the ‘‘Affordable Care Act.’’ CFR 146.136 if they provide the reason Model Intervention for Youth/Young The Affordable Care Act extended for claims denial in a form and manner Adults with Child Welfare Involvement MHPAEA to apply to the individual consistent with ERISA requirements at Risk of Homelessness: Phase II. This health insurance market. Additionally, found in 29 CFR 2560.503–1. Section builds on the previously approved the Department of Health and Human 146.136(d)(3) of the final rule clarifies ‘‘Planning Grants to Develop a Model Services (HHS) final regulation that PHS Act section 2719 governing Intervention for Youth/Young Adults regarding essential health benefits (EHB) internal claims and appeals and external with Child Welfare Involvement at Risk requires health insurance issuers review as implemented by 45 CFR of Homelessness’’ (Phase I). The Phase offering non-grandfathered health 147.136, covers MHPAEA claims II data collection described in this insurance coverage in the individual denials and requires that, when a non- Notice was approved by the Office of and small group markets, through an quantitative treatment limitation Management and Budget in July 2017. Exchange or outside of an Exchange, to (NQTL) is the basis for a claims denial, This request is for a time extension for comply with the requirements of the that a non-grandfathered plan or issuer data collection under OMB# 0970–0445. MHPAEA regulations in order to satisfy must provide the processes, strategies, There are no changes to the previously the requirement to cover EHB (45 CFR evidentiary standard, and other factors approved information collection. Due to 147.150 and 156.115). used in developing and applying the delays, data collection has not begun and will need to extend beyond the Medical Necessity Disclosure Under NQTL with respect to med/surg benefits current expiration date of July 2018. MHPAEA and MH/SUD benefits. Grantees are receiving an additional MHPAEA section 512(b) specifically Disclosure Request Form year to conduct their work. To capture amends the Public Health Service (PHS) data at a similar point in the Act to require plan administrators or Group health plan participants, development of their efforts, data health insurance issuers to provide, beneficiaries, covered individuals in the collection will be delayed. upon request, the criteria for medical individual market, or persons acting on Phase II is an initiative, funded by the necessity determinations made with their behalf, may use this optional Children’s Bureau (CB) within ACF, that respect to MH/SUD benefits to current model form to request information from will support implementation grants for or potential participants, beneficiaries, plans regarding NQTLs that may affect interventions designed to intervene with or contracting providers. The Interim patients’ MH/SUD benefits or that may youth who have experienced time in Final Rules Under the Paul Wellstone have resulted in their coverage being foster care and are most likely to have and Pete Domenici Mental Health Parity denied. Form Number: CMS–10307 a challenging transition into adulthood, and Addiction Equity Act of 2008 (75 (OMB control number: 0938–1080); including homelessness and unstable FR 5410, February 2, 2010) and the Frequency: On Occasion; Affected housing experiences. CB awarded six Final Rules under the Paul Wellstone Public: State, Local, or Tribal implementation grants (Phase II) in and Pete Domenici Mental Health Parity Governments, Private Sector, September 2015. During the and Addiction Equity Act of 2008 set Individuals; Number of Respondents: implementation phase, organizations forth rules for providing criteria for 267,538; Total Annual Responses: will conduct a range of activities to fine- medical necessity determinations. CMS 1,081,929; Total Annual Hours: 43,327. tune their comprehensive service administers MHPAEA with respect to (For policy questions regarding this model, determine whether their model non-Federal governmental plans and collection contact Usree is being implemented as intended, and health insurance issuers. Bandyopadhyay at 410–786–6650.) develop plans to evaluate the model

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22269

under a potential future funding and evaluate the model interventions Respondents: Grantee agency opportunity (Phase III). During Phase II, and to monitor each grantee’s progress directors and staff; partner agency ACF will engage a contractor to: toward achieving the goals of the directors and staff. Partner agencies may Conduct a cross-site process evaluation. implementation period. vary by site, but are expected to include Data collected for the process evaluation Data for the process evaluation will be child welfare, mental health, and youth will be used to assess grantees’ collected through: Interviews during site housing/homelessness agencies. organizational capacity to implement visits.

ANNUAL BURDEN ESTIMATES

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

Grantee Site Visit-Semi-Structured Interview Topic Guide ...... 60 1 1.5 90

Estimated Total Annual Burden Hours ...... 90

Additional Information: Copies of the DEPARTMENT OF HEALTH AND during the first follow-up study (when proposed collection may be obtained by HUMAN SERVICES the children from the MIHOPE sample writing to the Administration for are of kindergarten age) will include the Children and Families, Office of Administration for Children and following: (1) A one-hour survey with Planning, Research and Evaluation, 330 Families the child’s primary caregiver (who will be the mother if she is available), (2) C Street, SW, Washington, DC 20201, [OMB NO.: 0970–0402] Attn: OPRE Reports Clearance Officer. direct assessments of child All requests should be identified by the Submission for OMB Review; development, (3) a semi-structured title of the information collection. Email Comment Request interview with the caregiver, (4) surveys address: OPREinfocollection@ with the child’s teacher, (5) a direct acf.hhs.gov. Title: Mother and Infant Home assessment of the caregiver, and (6) 15 Visiting Program Evaluation (MIHOPE): minutes of videotaped interactions OMB Comment: OMB is required to Long-Term Follow-Up. between the caregiver and child. In make a decision concerning the Description: The Administration for addition to collecting these data, the collection of information between 30 Children and Families (ACF), in MIHOPE–LT project will also maintain and 60 days after publication of this partnership with the Health Resources up-to-date consent forms for the document in the Federal Register. and Services Administration (HRSA), collection of administrative data. Future Therefore, a comment is best assured of both of the U.S. Department of Health information collection requests and having its full effect if OMB receives it and Human Services (HHS), is related Federal Register Notices will within 30 days of publication. Written proposing a data collection activity as describe future data collection efforts for comments and recommendations for the part of the Mother and Infant Home this project. proposed information collection should Visiting Program Evaluation Long-Term Data collected during the kindergarten be sent directly to the following: Office Follow-Up project (MIHOPE–LT). The follow-up study will be used to estimate of Management and Budget, Paperwork purpose of MIHOPE–LT is to conduct the effects of MIECHV-funded programs Reduction Project, Email: OIRA_ follow-up studies that assess the long- on seven domains: (1) Maternal health; [email protected], Attn: term impact of the Maternal, Infant, and (2) child health; (3) child development Desk Officer for the Administration, for Early Childhood Home Visiting and school performance; (4) child Children and Families. (MIECHV) Program. The design of maltreatment; (5) parenting; (6) crime or MIHOPE–LT calls for multiple follow- domestic violence; and (7) family Mary B. Jones, up points including when the economic self-sufficiency. ACF/OPRE Certifying Officer. participating children are in Respondents: The respondents in this [FR Doc. 2018–10178 Filed 5–11–18; 8:45 am] kindergarten, 3rd grade, early follow-up study will include 4,115 BILLING CODE 4184–29–P adolescence, and late adolescence. This families who participated in MIHOPE Federal Register Notice is specific to the and 4,115 teachers of the focal children first follow-up study. Data collected from those families.

ANNUAL BURDEN ESTIMATES

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

Survey of caregivers ...... 4115 1372 1 1 1372 Direct assessments of children ...... 4115 1372 1 1.5 2058 Semi-structured interview with caregivers ...... 100 33 1 2 66 Survey of the focal children’s teachers ...... 4115 1372 1 0.5 686 Direct assessments of caregivers ...... 4115 1372 1 0.25 343 Videotaped caregiver-child interactions ...... 8230 2743 1 0.25 686

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22270 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Estimated Total Annual Burden ADDRESSES: You may submit comments copies total. One copy will include the Hours: 5,211. on any guidance at any time as follows: information you claim to be confidential Additional Information: Copies of the with a heading or cover note that states Electronic Submissions proposed collection may be obtained by ‘‘THIS DOCUMENT CONTAINS writing to the Administration for Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The Children and Families, Office of following way: Agency will review this copy, including • Planning, Research and Evaluation, 330 Federal eRulemaking Portal: the claimed confidential information, in C Street SW, Washington, DC 20201, https://www.regulations.gov. Follow the its consideration of comments. The Attn: OPRE Reports Clearance Officer. instructions for submitting comments. second copy, which will have the All requests should be identified by the Comments submitted electronically, claimed confidential information title of the information collection. Email including attachments, to https:// redacted/blacked out, will be available address: OPREinfocollection@ www.regulations.gov will be posted to for public viewing and posted on acf.hhs.gov. the docket unchanged. Because your https://www.regulations.gov. Submit OMB Comment: OMB is required to comment will be made public, you are both copies to the Dockets Management make a decision concerning the solely responsible for ensuring that your Staff. If you do not wish your name and collection of information between 30 comment does not include any contact information to be made publicly and 60 days after publication of this confidential information that you or a available, you can provide this document in the Federal Register. third party may not wish to be posted, information on the cover sheet and not Therefore, a comment is best assured of such as medical information, your or in the body of your comments and you having its full effect if OMB receives it anyone else’s Social Security number, or must identify this information as within 30 days of publication. confidential business information, such ‘‘confidential.’’ Any information marked Written comments and as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed recommendations for the proposed that if you include your name, contact except in accordance with 21 CFR 10.20 information collection should be sent information, or other information that and other applicable disclosure law. For directly to the following: Office of identifies you in the body of your more information about FDA’s posting Management and Budget, Paperwork comments, that information will be of comments to public dockets, see 80 Reduction Project, Email: OIRA_ posted on https://www.regulations.gov. • FR 56469, September 18, 2015, or access [email protected], Attn: If you want to submit a comment the information at: https://www.gpo.gov/ Desk Officer for the Administration for with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- Children and Families. do not wish to be made available to the 23389.pdf. public, submit the comment as a Mary B. Jones, Docket: For access to the docket to written/paper submission and in the read background documents or the ACF/OPRE Certifying Officer. manner detailed (see ‘‘Written/Paper electronic and written/paper comments [FR Doc. 2018–10169 Filed 5–11–18; 8:45 am] Submissions’’ and ‘‘Instructions’’). received, go to https:// BILLING CODE 4184–77–P Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the Submit written/paper submissions as heading of this document, into the DEPARTMENT OF HEALTH AND follows: ‘‘Search’’ box and follow the prompts HUMAN SERVICES • Mail/Hand delivery/Courier (for written/paper submissions): Dockets and/or go to the Dockets Management Food and Drug Administration Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. [Docket No. FDA–2018–D–1638] Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any guidance at any time (see 21 CFR Pediatric HIV Infection: Drug • For written/paper comments submitted to the Dockets Management 10.115(g)(5)). Development for Treatment; Draft Submit written requests for single Guidance for Industry; Availability Staff, FDA will post your comment, as well as any attachments, except for copies of the draft guidance to the AGENCY: Food and Drug Administration, information submitted, marked and Division of Drug Information, Center for HHS. identified, as confidential, if submitted Drug Evaluation and Research, Food ACTION: Notice of availability. as detailed in ‘‘Instructions.’’ and Drug Administration, 10001 New Instructions: All submissions received Hampshire Ave., Hillandale Building, SUMMARY: The Food and Drug must include the Docket No. FDA– 4th Floor, Silver Spring, MD 20993– Administration (FDA or Agency) is 2018–D–1638 for ‘‘Pediatric HIV 0002; or to the Office of announcing the availability of a draft Infection: Drug Development for Communication, Outreach and guidance for industry entitled ‘‘Pediatric Treatment; Draft Guidance for Industry; Development, Center for Biologics HIV Infection: Drug Development for Availability.’’ Received comments will Evaluation and Research, Food and Treatment.’’ This guidance provides be placed in the docket and, except for Drug Administration, 10903 New general recommendations on the those submitted as ‘‘Confidential Hampshire Ave., Building 71, Rm. 3128, development of drug products for the Submissions,’’ publicly viewable at Silver Spring, MD 20993–0002. Send treatment of human immunodeficiency https://www.regulations.gov or at the one self-addressed adhesive label to virus (HIV) infection in pediatric Dockets Management Staff between 9 assist that office in processing your patients (birth to younger than 17 years a.m. and 4 p.m., Monday through requests. See the SUPPLEMENTARY of age). Friday. INFORMATION section for electronic DATES: Submit either electronic or • Confidential Submissions—To access to the draft guidance document. written comments on the draft guidance submit a comment with confidential FOR FURTHER INFORMATION CONTACT: by July 13, 2018 to ensure that the information that you do not wish to be Yodit Belew, Center for Drug Evaluation Agency considers your comment on this made publicly available, submit your and Research, Food and Drug draft guidance before it begins work on comments only as a written/paper Administration, 10903 New Hampshire the final version of the guidance. submission. You should submit two Ave., Bldg. 22, Rm. 6322, Silver Spring,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22271

MD 20993–0002, 301–796–1500; or ACTION: Request for nominations. The Secretary of HHS will consider Stephen Ripley, Center for Biologics nominations of all qualified individuals Evaluation and Research, Food and SUMMARY: HRSA is seeking nominations within the areas of subject matter Drug Administration, 10903 New of qualified candidates for consideration expertise noted above. In making such Hampshire Ave., Bldg. 71, Rm. 7301, for appointment as members of the appointments, the Secretary shall Silver Spring, MD 20993–0002, 240– Council on Graduate Medical Education ensure a broad geographic 402–7911. (COGME). COGME provides advice and representation of members and a recommendations to the Secretary of SUPPLEMENTARY INFORMATION: balance between urban and rural HHS; the Senate Committee on Health, educational settings. I. Background Education, Labor and Pensions; and the Professional organizations, employers, FDA is announcing the availability of U.S. House of Representatives or colleagues may nominate one or more a draft guidance for industry entitled Committee on Energy and Commerce on qualified persons for membership. ‘‘Pediatric HIV Infection: Drug matters concerning the supply and Individuals selected for appointment to Development for Treatment.’’ This draft distribution of physicians in the United COGME will be invited to serve for 4 guidance provides general States, physician workforce trends, years. COGME members are appointed recommendations on the development training issues, financing policies, and as special government employees and receive a stipend and reimbursement for of products for the treatment of human other matters of significance related to per diem and travel expenses incurred immunodeficiency virus (HIV) infection physician workforce and graduate for attending meetings and/or in pediatric patients (birth to younger medical education. conducting other business on behalf of than 17 years of age), including DATES: The agency will accept COGME, as authorized by section 5 recommendations on when sponsors nominations on a continuous basis. U.S.C. 5703 for persons employed should initiate pediatric formulation ADDRESSES: Nomination packages may intermittently in government service. development and begin pediatric be mailed to Advisory Council To evaluate possible conflicts of studies to evaluate antiretroviral drug Operations, Bureau of Health interest, individuals selected for products for the treatment of HIV Workforce, HRSA, Room 11W45C, 5600 consideration for appointment will be infection. Fishers Lane, Rockville, Maryland required to provide detailed information This draft guidance is being issued 20857 or submitted electronically by regarding their financial holdings, consistent with FDA’s good guidance email to: BHWAdvisoryCouncilFRN@ consultancies, and research grants or practices regulation (21 CFR 10.115). hrsa.gov. contracts. The selected candidates must The draft guidance, when finalized, will FOR FURTHER INFORMATION CONTACT: fill out the U.S. Office of Government represent the current thinking of FDA Ethics (OGE) Confidential Financial on drug development for treatment of Kennita R. Carter, MD, Designated Federal Official, COGME at 301–945– Disclosure Report, OGE Form 450. pediatric HIV infection. It does not Disclosure of this information is establish any rights for any person and 3505 or email at [email protected]. A copy of the current COGME charter, necessary to determine if the selected is not binding on FDA or the public. candidate is involved in any activity You can use an alternative approach if membership, and reports can be obtained by accessing the COGME that may pose a potential conflict with it satisfies the requirements of the their official duties as a member of the applicable statutes and regulations. This website https://www.hrsa.gov/advisory committees/bhpradvisory/cogme/. Committee. guidance is not subject to Executive A nomination package should include Order 12866. SUPPLEMENTARY INFORMATION: COGME the following information for each encourages entities providing graduate II. Electronic Access nominee: (1) A letter of nomination medical education to conduct activities from an employer, a colleague, or a Persons with access to the internet to voluntarily achieve the professional organization stating the may obtain the draft guidance at either recommendations of COGME; develops, name, affiliation, and contact https://www.fda.gov/Drugs/Guidance publishes, and implements performance information for the nominee, the basis ComplianceRegulatoryInformation/ measures and longitudinal evaluations; for the nomination (i.e., what specific Guidances/default.htm, https:// and recommends appropriation levels attributes, perspectives, and/or skills www.fda.gov/BiologicsBloodVaccines/ for certain Public Health Service Act does the individual possess that would GuidanceComplianceRegulatory (PHSA) Title VII programs. Meetings benefit the workings of COGME), and Information/Guidances/default.htm, or take place twice a year. the nominee’s field(s) of expertise; (2) a https://www.regulations.gov. Nominations: HRSA is requesting letter of interest from the nominee Dated: May 7, 2018. nominations for voting members of stating the reasons they would like to Leslie Kux, COGME to include representatives of serve on COGME; (3) a biographical practicing primary care physicians, sketch of the nominee, including a copy Associate Commissioner for Policy. national and specialty physician of his/her curriculum vitae and his/her [FR Doc. 2018–10187 Filed 5–11–18; 8:45 am] organizations, foreign medical contact information (address, daytime BILLING CODE 4164–01–P graduates, medical student and house telephone number, and email address); staff associations, schools of allopathic and (4) the name, address, daytime and osteopathic medicine, public and DEPARTMENT OF HEALTH AND telephone number, and email address private teaching hospitals, and HUMAN SERVICES where the person nominating the representatives of health insurers, individual can be contacted. Solicitation of Nominations for business, and labor. Additionally, HRSA HRSA will collect and retain Membership To Serve on the Council encourages nominations of medical nomination packages to create a pool of on Graduate Medical Education students, residents, and/or fellows. possible future COGME voting Members receive appointments based members. When a vacancy occurs, AGENCY: Health Resources and Services on their competence, interest, and HRSA may review nomination packages Administration (HRSA), Department of knowledge of the mission of the from the appropriate category and may Health and Human Services (HHS). profession involved. contact nominees at that time.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22272 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Nominations should be updated and projects of the Paperwork Reduction Act employ changes designed to streamline resubmitted every 4 years to continue to of 1995, HRSA announces plans to the questionnaire to minimize burden be considered for committee vacancies. submit an Information Collection and to standardize questions with other HHS strives to ensure a balance of the Request (ICR), described below, to the national surveys enabling comparative membership of COGME in terms of Office of Management and Budget analyses with particular focus on HHS points of view presented and the (OMB). Prior to submitting the ICR to and HRSA priority areas (e.g., mental committee’s function and makes every OMB, HRSA seeks comments from the health and substance use). Survey effort to ensure the representation of public regarding the burden estimate, results come from in-person, one-on-one views of women, all ethnic and racial below, or any other aspect of the ICR. interviews with patients who are groups, and people with disabilities on DATES: Comments on this ICR should be selected as nationally representative of HHS Federal Advisory Committees. received no later than July 13, 2018. the Health Center Program patient Therefore, we encourage nominations of ADDRESSES: Submit your comments to population. qualified candidates from these groups [email protected] or mail the HRSA Need and Proposed Use of the and endeavor to make appointments to Information Collection Clearance Information: The HCPS uniquely COGME without discrimination on the Officer, Lisa Wright-Solomon, Room focuses on comprehensive, nationally basis of age, race, ethnicity, gender, 14N39, 5600 Fishers Lane, Rockville, representative, individual level data sexual orientation, disability, and MD 20857. from the perspective of health center cultural, religious, or socioeconomic FOR FURTHER INFORMATION CONTACT: To patients. By investigating how well status. request more information on the HRSA funded health centers meet the Authority: Section 762 of the PHSA (42 proposed project or to obtain a copy of health care needs of the medically U.S.C. 294o), as amended. COGME is the data collection plans and draft underserved and how patients perceive governed by provisions of the Federal instruments, email [email protected] their quality of care, the HCPS serves as Advisory Committee Act (FACA), as or call Lisa Wright-Solomon, the HRSA an empirically based resource to inform amended (5 U.S.C. Appendix 2), which sets Information Collection Clearance Officer HRSA policy, funding, and planning forth standards for the formation and use of at (301) 443–1984. advisory committees and applies to the decisions. extent that the provisions of FACA do not SUPPLEMENTARY INFORMATION: When Likely Respondents: Patients at HRSA conflict with the requirements of PHSA submitting comments or requesting supported health centers. Section 762. information, please include the information request collection title for Burden Statement: Burden in this Amy P. McNulty, reference. context means the time expended by Acting Director, Division of the Executive Information Collection Request Title: persons to generate, maintain, retain, Secretariat. Health Center Patient Survey, OMB No. disclose or provide the information [FR Doc. 2018–10129 Filed 5–11–18; 8:45 am] 0915-0368—Reinstatement with Change. requested. This includes the time BILLING CODE 4165–15–P Abstract: HRSA supported health needed to review instructions; to centers (those entities funded under develop, acquire, install and utilize section 330 of the Public Health Service technology and systems for the purpose DEPARTMENT OF HEALTH AND Act) deliver comprehensive, affordable, of collecting, validating and verifying HUMAN SERVICES quality primary health care to nearly 26 information, processing and million patients nationwide, regardless maintaining information, and disclosing Health Resources and Services of their ability to pay. Nearly 1,400 and providing information; to train Administration health centers operate more than 11,000 personnel and to be able to respond to service delivery sites in every U.S. state, a collection of information; to search Agency Information Collection the District of Columbia, Puerto Rico, data sources; to complete and review Activities: Proposed Collection: Public the U.S. Virgin Islands, and the Pacific the collection of information; and to Comment Request Information Basin. In the past, HRSA has conducted transmit or otherwise disclose the Collection Request Title: Health Center the Health Center Patient Survey information. Compared to previous Patient Survey, Reinstatement With (HCPS), which surveys patients of HCPS, the estimated burden hours for Change HRSA funded health centers. The HCPS an individual respondent remains the AGENCY: Health Resources and Services collects information about same in the reinstatement. However, the Administration (HRSA), Department of sociodemographic characteristics, total annual burden hours and number Health and Human Services. health conditions, health behaviors, of survey respondents is anticipated to ACTION: Notice. access to and use of health care services, increase in order reflect the growing and satisfaction with health care number of patients served by the Health SUMMARY: In compliance with the received at HRSA funded health centers. Center Program. The total annual requirement for opportunity for public HRSA will use the same overarching burden hours estimated for this ICR are comment on proposed data collection modules from the 2014 HCPS but will summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Grantee Recruitment ...... 220 1 220 2.00 440 Site Recruitment and Training ...... 700 1 700 3.15 2,205 Patient Screening ...... 13,120 1 13,120 0.17 2,230 Patient Survey ...... 9,058 1 9,058 1.25 11,323

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22273

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Total ...... 23,098 ...... 23,098 ...... 16,198

HRSA specifically requests comments subject line. Submit your comments to in health response, advancing an on (1) the necessity and utility of the [email protected], [email protected], the innovative medical countermeasures proposed information collection for the NPRSB Contact Form located at https:// enterprise, building regional disaster proper performance of the agency’s www.phe.gov/Preparedness/legal/ health response systems, and sustaining functions, (2) the accuracy of the boards/nprsb/Pages/ robust and reliable public health estimated burden, (3) ways to enhance RFNBSBComments.aspx, or the NACCD response capabilities. On June 26, the the quality, utility, and clarity of the Contact Form located at https:// NPRSB will hold an inauguration for information to be collected, and (4) the www.phe.gov/Preparedness/legal/ newly appointed Board members and use of automated collection techniques boards/naccd/Pages/contact.aspx. For formally thank Board members whose or other forms of information additional information, visit the NACCD terms are ending for their service. There technology to minimize the information website located at https://www.phe.gov/ will also be a public meeting focused on collection burden. naccd or the NPRSB website located at enhancement of medical https://www.phe.gov/nprsb. countermeasures, biodefense, and Amy P. McNulty, SUPPLEMENTARY INFORMATION: Pursuant efforts to protect the U.S. from 21st Acting Director, Division of the Executive to the Federal Advisory Committee Act century health threats. On June 27, the Secretariat. of 1972 (5 U.S.C., Appendix, as NPRSB and NACCD will hold a joint [FR Doc. 2018–10182 Filed 5–11–18; 8:45 am] amended), and Section 2811A of the meeting focused on new and continuing BILLING CODE 4165–15–P Public Health Service (PHS) Act (42 collaborative work of the Advisory U.S.C. 300hh–10a), as added by Section Committees. The focus will be on the 103 of the Pandemic and All-Hazards DEPARTMENT OF HEALTH AND Future Strategies Work Group joint Preparedness Reauthorization Act of HUMAN SERVICES effort to develop recommendations to 2013 (Pub. L. 113–5), the HHS best support successful achievement of National Advisory Committee on Secretary, in consultation with the the HHS and ASPR mission related to Children and Disasters and National Secretary of the U.S. Department of preparedness, response, and recovery Preparedness and Response Science Homeland Security, established the from 21st century health threats. On Board Public Meetings NACCD. The purpose of the NACCD is June 28, the NACCD will hold a public to provide advice and consultation to meeting dedicated to the NACCD’s AGENCY: Department of Health and the HHS Secretary with respect to the continuing work to improve outcomes Human Services (HHS), Office of the medical and public health needs of for children and youth in disasters and Assistant Secretary for Preparedness children in relation to disasters. public health emergencies. The focus and Response (ASPR). The NPRSB is authorized under will be upon pediatric care systems ACTION: Notice. Section 319M of the PHS Act (42 U.S.C. within regional disaster health response 247d–7f), as added by Section 402 of the systems and opportunities for capacity- SUMMARY: As stipulated by the Federal Pandemic and All-Hazards building and leveraging existing Advisory Committee Act, the Preparedness Act of 2006 and amended strengths for pediatric surge capacity in Department of Health and Human by Section 404 of the Pandemic and All- large-scale emergency events. We will Services is hereby giving notice that the Hazards Preparedness Reauthorization post modifications to the agenda on the National Advisory Committee on Act, and by Section 222 of the PHS Act NACCD and NPRSB meeting websites, Children and Disasters (NACCD) and (42 U.S.C. 217a). The Board is governed which are located at https:// National Preparedness and Response by the Federal Advisory Committee Act www.phe.gov/naccd and https:// Science Board (NPRSB) will hold public (5 U.S.C. App.), which sets forth www.phe.gov/nprsb. meetings on June 26–28, 2018. standards for the formation and use of Availability of Materials: We will post DATES: The NPRSB Inauguration and advisory committees. The NPRSB all meeting materials prior to the Public Meeting is June 26, 2018, from provides expert advice and guidance on meeting on June 26, 2018, at the 9:00 a.m. to 5:00 p.m. Eastern Daylight scientific, technical, and other matters websites located at https:// Time (EDT). The NPRSB and NACCD of special interest to the Department www.phe.gov/naccd and https:// Joint Public Meeting is June 27, 2018, regarding current and future chemical, www.phe.gov/nprsb. from 9:00 a.m. to 4:00 p.m. EDT. The biological, nuclear, and radiological Procedures for Providing Public Input: NACCD Public Meeting is June 28, 2018, agents, whether naturally occurring, Members of the public may attend the from 9:00 a.m. to 4:00 p.m. EDT. The accidental, or deliberate. public meetings in person or via a toll- meetings will be held in the O’Neill Background: The June 26–28, 2018, free call-in phone number, which is Building, 200 C Street SW, Washington, public meetings of the NPRSB and the available on the NACCD and the NPRSB DC 20024. NACCD are dedicated to identifying key websites at https://www.phe.gov/naccd ADDRESSES: We encourage members of areas of analysis and recommendations or https://www.phe.gov/nprsb. the public to attend the public meetings. for the NPRSB and the NACCD to advise We encourage members of the public To register, send an email to naccd@ the Assistant Secretary for Preparedness to provide written comments that are hhs.gov with ‘‘NACCD Registration’’ in and Response (ASPR) and the HHS relevant to the NACCD and NPRSB the subject line, or to [email protected] Secretary related to current key ASPR public meetings prior to June 26, 2018. with ‘‘NPRSB Registration’’ in the priorities of providing strong leadership Send written comments by email to

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22274 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

[email protected] with ‘‘NACCD Public Any interested person may file written Place: Residence Inn Bethesda, 7335 Comment’’ in the subject line or to comments with the committee by forwarding Wisconsin Avenue, Bethesda, MD 20814. [email protected] with ‘‘NPRSB Public the statement to the Contact Person listed on Contact Person: Minki Chatterji, Scientific Comment’’ in the subject line. The this notice. The statement should include the Review Officer, Scientific Review Branch, name, address, telephone number and when Eunice Kennedy Shriver National Institute of NACCD and NPRSB Chairs will respond applicable, the business or professional Child Health and Human Development, NIH, to comments received by June 25, 2018, affiliation of the interested person. DHHS, 6710B Rockledge Drive, Rm. 2121D, during the public meeting. In the interest of security, NIH has Bethesda, MD 20892–7501, 301–827–5435, Dated: May 7, 2018. instituted stringent procedures for entrance [email protected]. onto the NIH campus. All visitor vehicles, Robert P. Kadlec, Name of Committee: National Institute of including taxicabs, hotel, and airport shuttles Child Health and Human Development Assistant Secretary for Preparedness and will be inspected before being allowed on Special Emphasis Panel. Response. campus. Visitors will be asked to show one Date: May 18, 2018. [FR Doc. 2018–10212 Filed 5–11–18; 8:45 am] form of identification (for example, a Time: 8:00 a.m. to 5:00 p.m. BILLING CODE P government-issued photo ID, driver’s license, Agenda: To review and evaluate grant or passport) and to state the purpose of their applications. visit. Place: Residence Inn Bethesda Downtown, DEPARTMENT OF HEALTH AND Information is also available on the 7335 Wisconsin Ave, Bethesda, MD 20814. HUMAN SERVICES Institute’s/Center’s home page: Contact Person: Minki Chatterji, Scientific www.nhlbi.nih.gov/meetings/nhlbac/ Review Officer, Scientific Review Branch, National Institutes of Health index.htm, where an agenda and any Eunice Kennedy Shriver National Institute of additional information for the meeting will Child Health and Human Development, NIH, National Heart, Lung, and Blood be posted when available. DHHS, 6710B Rockledge Drive, Rm. 2121D, Institute; Notice of Meeting (Catalogue of Federal Domestic Assistance Bethesda, MD 20892–7501, 301–827–5435, Program Nos. 93.233, National Center for [email protected]. Pursuant to section 10(d) of the Sleep Disorders Research; 93.837, Heart and (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as Vascular Diseases Research; 93.838, Lung Program Nos. 93.864, Population Research; amended, notice is hereby given of a Diseases Research; 93.839, Blood Diseases 93.865, Research for Mothers and Children; meeting of the National Heart, Lung, and Resources Research, National Institutes 93.929, Center for Medical Rehabilitation and Blood Advisory Council. of Health, HHS) Research; 93.209, Contraception and The meeting will be open to the Dated: May 8, 2018. Infertility Loan Repayment Program, National public as indicated below, with Michelle D. Trout, Institutes of Health, HHS) attendance limited to space available. Program Analyst, Office of Federal Advisory Dated: May 8, 2018. Individuals who plan to attend and Committee Policy. Michelle D. Trout, need special assistance, such as sign [FR Doc. 2018–10138 Filed 5–11–18; 8:45 am] Program Analyst, Office of Federal Advisory language interpretation or other BILLING CODE 4140–01–P Committee Policy. reasonable accommodations, should [FR Doc. 2018–10139 Filed 5–11–18; 8:45 am] notify the Contact Person listed below BILLING CODE 4140–01–P in advance of the meeting. DEPARTMENT OF HEALTH AND The meeting will be closed to the HUMAN SERVICES public in accordance with the DEPARTMENT OF HEALTH AND provisions set forth in sections National Institutes of Health HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Eunice Kennedy Shriver National National Institutes of Health the discussions could disclose Institute of Child Health & Human confidential trade secrets or commercial Development; Notice of Closed National Heart, Lung, and Blood property such as patentable material, Meetings Institute; Notice of Closed Meeting and personal information concerning Pursuant to section 10(d) of the Pursuant to section 10(d) of the individuals associated with the grant Federal Advisory Committee Act, as Federal Advisory Committee Act, as applications, the disclosure of which amended, notice is hereby given of the amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted following meetings. hereby given of the following meeting. invasion of personal privacy. The meetings will be closed to the The meeting will be closed to the Name of Committee: National Heart, Lung, public in accordance with the public in accordance with the and Blood Advisory Council. provisions set forth in sections provisions set forth in sections Date: June 12, 2018. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Open: 8:00 a.m. to 12:00 p.m. as amended. The grant applications and as amended. The contract proposals and Agenda: To discuss program policies and the discussions could disclose the discussions could disclose issues. Place: National Institutes of Health, Porter confidential trade secrets or commercial confidential trade secrets or commercial Neuroscience Research Center, Building 35A property such as patentable material, property such as patentable material, Convent Drive, Bethesda, MD 20892. and personal information concerning and personal information concerning Closed: 1:00 p.m. to 4:30 p.m. individuals associated with the grant individuals associated with the contract Agenda: To review and evaluate grant applications, the disclosure of which proposals, the disclosure of which applications. would constitute a clearly unwarranted would constitute a clearly unwarranted Place: National Institutes of Health, Porter invasion of personal privacy. invasion of personal privacy. Neuroscience Research Center, Building 35A Convent Drive, Bethesda, MD 20892. Name of Committee: National Institute of Name of Committee: National Heart, Lung, Contact Person: Laura K. Moen, Ph.D., Child Health and Human Development and Blood Institute Special Emphasis Panel; Director, Division of Extramural Research Special Emphasis Panel. Sudden Death in Youth DCC. Activities, National Heart, Lung, and Blood Date: May 18, 2018. Date: May 31, 2018. Institute, National Institutes of Health, 6701 Time: 8:00 a.m. to 5:00 p.m. Time: 12:00 p.m. to 1:30 p.m. Rockledge Drive, Room 7100, Bethesda, MD Agenda: To review and evaluate grant Agenda: To review and evaluate contract 20892, 301–435–0260, [email protected]. applications. proposals.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22275

Place: National Institutes of Health, 6701 National Cancer Institute (NCI) will information on those who are to Rockledge Drive, Room 7190, Bethesda, MD publish periodic summaries of propose respond, including the use of 20892 (Telephone Conference Call). projects to be submitted to the Office of appropriate automated, electronic, Contact Person: Keary A Cope, Ph.D., Management and Budget (OMB) for mechanical, or other technological Scientific Review Officer, Office of Scientific collection techniques or other forms of Review/DERA, National Heart, Lung, and review and approval. Blood Institute, 6701 Rockledge Drive, Room DATES: Comments regarding this information technology. 7190, Bethesda, MD 20892–7924, 301–827– information collection are best assured Proposed Collection Title: Collection 7912, [email protected]. of having their full effect if received of Customer Service, Demographic, and (Catalogue of Federal Domestic Assistance within 60 days of the date of this Smoking/Tobacco Use Information from Program Nos. 93.233, National Center for publication. the National Cancer Institute’s Contact Sleep Disorders Research; 93.837, Heart and FOR FURTHER INFORMATION CONTACT: To Center (CC) Clients (NCI), 0925–0208 Vascular Diseases Research; 93.838, Lung Expiration Date 04/30/2019, REVISION, Diseases Research; 93.839, Blood Diseases obtain a copy of the data collection and Resources Research, National Institutes plans and instruments, submit National Cancer Institute (NCI), of Health, HHS) comments in writing, or request more National Institutes of Health (NIH). Dated: May 8, 2018. information on the proposed project, Need and Use of Information Michelle D. Trout, contact: Mary Anne Bright, Supervisory Collection: The National Cancer Institute (NCI) currently collects: (1) Program Analyst, Office of Federal Advisory Public Health Advisor, CCPIB/OCPL, Committee Policy. 9609 Medical Center Drive, Rockville, Customer service and demographic information from clients of the Contact [FR Doc. 2018–10137 Filed 5–11–18; 8:45 am] MD 20850, or call non-toll-free number 240–276–6647 or Email your request, Center (CC) in order to properly plan, BILLING CODE 4140–01–P including your address to: brightma@ implement, and evaluate cancer mail.nih.gov. Formal requests for education efforts, including assessing DEPARTMENT OF HEALTH AND additional plans and instruments must the extent by which the CC reaches and HUMAN SERVICES be requested in writing. impacts underserved populations; (2) SUPPLEMENTARY INFORMATION: Section smoking/tobacco use behavior of National Institutes of Health 3506(c)(2)(A) of the Paperwork individuals seeking NCI’s smoking Reduction Act of 1995 requires: Written cessation assistance through the CC in Proposed Collection; 60-day Comment comments and/or suggestions from the order to provide smoking cessation Request; Collection of Customer public and affected agencies are invited services tailored to the individual Service, Demographic, and Smoking/ to address one or more of the following client’s needs and track their smoking Tobacco Use Information From the points: (1) Whether the proposed behavior at follow up. This is a request National Cancer Institute’s Contact collection of information is necessary for OMB to approve a revised Center (CC) Clients (National Cancer for the proper performance of the submission for an additional three years Institute) function of the agency, including to provide ongoing customer service collection of demographic information, AGENCY: National Institutes of Health, whether the information will have and collection of brief customer Department of Health and Human practical utility; (2) The accuracy of the satisfaction questions from NCI Contact Services. agency’s estimate of the burden of the Center Clients for the purpose of ACTION: Notice. proposed collection of information, including the validity of the program planning and evaluation. SUMMARY: In compliance with the methodology and assumptions used; (3) OMB approval is requested for 3 requirement of the Paperwork Ways to enhance the quality, utility, and years. There are no costs to respondents Reduction Act of 1995 to provide clarity of the information to be other than their time. The total opportunity for public comment on collected; and (4) Ways to minimizes estimated annualized burden hours are proposed data collection projects, the the burden of the collection of 1,674.

ESTIMATED ANNUALIZED BURDEN HOURS

Average time Type of respondents Survey instrument Number of Frequency of per response Annual respondents responses (minutes/hour) burden hours

Telephone Clients ...... Customer Service ...... 31,562 1 1/60 526 Demographic & Customer Satis- 13,100 1 2/60 437 faction Questions. Smoking Cessation Clients ...... Smoking Cessation ‘‘Intake’’ Ques- 3,380 1 4/60 225 tions. Customer Satisfaction Questions .. 676 1 2/60 23 VA Smoking Cessation Clients ...... Call Backs ...... 1,560 1 1/60 26 VA Follow Up Calls ...... Call Backs ...... 936 1 4/60 62 LiveHelp Clients ...... Live Help Questions ...... 6,236 1 2/60 208 E-mail Clients ...... Email Intake Form ...... 1,002 1 10/60 167

Total ...... 58,452 58,452 ...... 1,674

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22276 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Dated: May 1, 2018. HYDROLANT Navigational Warnings four types of Navigational Warnings— Karla C. Bailey, Categorized by their Atlantic Ocean NAVAREA IV, HYDROLANT, Location Project Clearance Liaison, National Cancer NAVAREA XII, and HYDROPAC—are HYDROPAC Navigational Warnings Institute, National Institutes of Health. categorized by their location. In Categorized by their Pacific Ocean/Pacific [FR Doc. 2018–10136 Filed 5–11–18; 8:45 am] Rim Location addition, warnings are issued for the BILLING CODE 4140–01–P NGA National Geospatial-Intelligence Arctic region not covered by Agency HYDROLANT and HYDROPAC NTM Notice to Mariners messages. A graphic showing the WWNWS Worldwide Navigational locations of the Navigational Warning DEPARTMENT OF HOMELAND Warnings Service areas is available on NGA’s website at SECURITY Public Participation and Request for http://msi.nga.mil/MSISiteContent/ Coast Guard Comments StaticFiles/Images/navwarnings.jpg. Additional information regarding this [Docket No. USCG–2016–1061] We encourage you to submit program is available at the following comments (or related material) on the NGA website: http://msi.nga.mil/ Proposed Termination of U.S. Coast possible termination of the USCG’s NGAPortal/MSI.portal?_nfpb=true&_ Guard Rebroadcast of HYDROLANT rebroadcast of HYDROLANT and pageLabel=msi_portal_page_63. and HYDROPAC Information HYDROPAC information. We will NGA currently provides, and will consider all submissions received before continue to provide, global broadcast ACTION: Notice and request for the comment period closes. If you through HYDROLANT, HYDROPAC, comments. submit a comment, please include the and HYDROARC messages over docket number for this notice, indicate INMARSAT maritime satellite SUMMARY: The United States Coast the specific section of this document to telecommunications services which are Guard may cease rebroadcasting which each comment applies, and principally directed to the U.S. Navy HYDROLANT and HYDROPAC (defined provide a reason for each suggestion or (USN) and National Geospatial below) navigational warnings from the recommendation. Intelligence Agency (NGA) partners. National Geospatial-Intelligence Agency We encourage you to submit NGA also is charged with promulgation (NGA) over HF SITOR (defined below). comments through the Federal of the U.S. Notice to Mariners (NTM) There is not a requirement for the Coast eRulemaking Portal at http:// and it satisfies this via the NGA website Guard to rebroadcast this information, www.regulations.gov. If your material and email subscription, which can be although the Coast Guard has been cannot be submitted using http:// monitored via INMARSAT–C maritime voluntarily doing so for a number of www.regulations.gov, contact the person satellite telecommunications services. In years, and doing so is duplicative of in the FOR FURTHER INFORMATION accordance with the International NGA’s broadcast. The information CONTACT section of this document for Hydrographic Organization’s (IHO) would continue to be disseminated by alternate instructions. Documents World-Wide Navigational Warning the NGA. This notice requests public mentioned in this notice, and all public Service (WWNWS), the United States is comment on the possibility of comments, are in our online docket at solely responsible for Broadcast terminating the rebroadcast over HF http://www.regulations.gov and can be Warnings to the NAVAREA IV and XII SITOR. viewed by following that website’s geographic locations. Broadcast DATES: Comments must be submitted to instructions. Additionally, if you go to Warning messages are also available at the online docket via http:// the online docket and sign up for email Google Earth. www.regulations.gov, on or before July alerts, you will be notified when Other notices, Special Warnings and 13, 2018. comments are posted or a final rule is Maritime Administration (MARAD) published. Advisories, are issued infrequently and ADDRESSES: You may submit comments We accept anonymous comments. All contain information about potential identified by docket number USCG– comments received will be posted hazards caused by the global political 2016–1061 using the Federal without change to http:// climate. eRulemaking Portal at http:// www.regulations.gov and will include In addition, a Daily Memorandum is www.regulations.gov. See the ‘‘Public any personal information you have issued each week day by NGA, Participation and Request for provided. For more about privacy and excluding federal holidays, and contains Comments’’ portion of the the docket, you may review a Privacy a summary of all Broadcast Warnings SUPPLEMENTARY INFORMATION section for Act notice regarding the Federal Docket and Special Warnings promulgated further instructions on submitting Management System in the March 24, during the past 24–72 hours. The comments. 2005, issue of the Federal Register (70 Atlantic Edition includes HYDROLANT FOR FURTHER INFORMATION CONTACT: For FR 15086). and NAVAREA IV Warnings, while the information about this document, please Pacific Edition includes HYDROPAC call or email Derrick Croinex, Chief, Discussion and NAVAREA XII Warnings. Both Spectrum Management and In support of the Global Maritime editions include Special Warnings and Telecommunications Policy, U.S. Coast Distress and Safety System (GMDSS), HYDROARC Warnings issued during Guard (Commandant CG–672); Broadcast Warnings are promulgated by the same period. telephone: 202–475–3551; email: the Worldwide Navigational Warnings In light of all of the foregoing ways in [email protected] Service (WWNWS) to provide rapid which this weather-related information SUPPLEMENTARY INFORMATION: dissemination of information critical to is available to mariners, the Coast navigation and the safety of life at sea. Guard’s rebroadcasting of these Abbreviations Broadcast Warnings are issued warnings has become unnecessary. GMDSS Global Maritime Distress and regularly by the WWNWS and contain Rebroadcasting this information has Safety System information about persons in distress, or become very time consuming for the HF SITOR High Frequency Simplex objects and events that pose an Coast Guard, and it takes limited Teletype Over Radio service immediate hazard to navigation. The resources away from other safety

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22277

missions performed by the Coast Guard. Flood Insurance Study (FIS) reports www.floodmaps.fema.gov/fhm/fmx_ Therefore, we believe it is in the public have been made final for the main.html. interest for the Coast Guard to cease communities listed in the table below. rebroadcasting of this information. The FIRM and FIS report are the basis SUPPLEMENTARY INFORMATION: The Before terminating the rebroadcasting of the floodplain management measures Federal Emergency Management Agency of WWNWS weather warnings, we will that a community is required either to (FEMA) makes the final determinations consider comments from the public. adopt or to show evidence of having in listed below for the new or modified After considering any comments effect in order to qualify or remain flood hazard information for each received, the Coast Guard will issue a qualified for participation in the Federal community listed. Notification of these notice in the Federal Register indicating Emergency Management Agency’s changes has been published in how the matter will be resolved. (FEMA’s) National Flood Insurance newspapers of local circulation and 90 This notice is issued under authority Program (NFIP). In addition, the FIRM days have elapsed since that of 14 U.S.C. 93(a)(16) and in accordance and FIS report are used by insurance publication. The Deputy Associate with 5 U.S.C. 552(a). agents and others to calculate Administrator for Insurance and Mitigation has resolved any appeals Dated: May 8, 2018. appropriate flood insurance premium resulting from this notification. Derrick J. Croinex, rates for buildings and the contents of This final notice is issued in Chief, Spectrum Management and those buildings. Telecommunications Policy. DATES: The date of September 14, 2018 accordance with section 110 of the Flood Disaster Protection Act of 1973, [FR Doc. 2018–10215 Filed 5–11–18; 8:45 am] has been established for the FIRM and, 42 U.S.C. 4104, and 44 CFR part 67. BILLING CODE 9110–04–P where applicable, the supporting FIS report showing the new or modified FEMA has developed criteria for flood hazard information for each floodplain management in floodprone DEPARTMENT OF HOMELAND community. areas in accordance with 44 CFR part SECURITY 60. ADDRESSES: The FIRM, and if Interested lessees and owners of real applicable, the FIS report containing the Federal Emergency Management property are encouraged to review the final flood hazard information for each Agency new or revised FIRM and FIS report community is available for inspection at available at the address cited below for [Docket ID FEMA–2018–0002] the respective Community Map each community or online through the Repository address listed in the tables FEMA Map Service Center at https:// Final Flood Hazard Determinations below and will be available online msc.fema.gov. through the FEMA Map Service Center AGENCY: Federal Emergency The flood hazard determinations are Management Agency, DHS. at https://msc.fema.gov by the date indicated above. made final in the watersheds and/or ACTION: Final notice. communities listed in the table below. FOR FURTHER INFORMATION CONTACT: Rick SUMMARY: Flood hazard determinations, Sacbibit, Chief, Engineering Services (Catalog of Federal Domestic Assistance No. which may include additions or Branch, Federal Insurance and 97.022, ‘‘Flood Insurance.’’) modifications of Base Flood Elevations Mitigation Administration, FEMA, 400 Dated: May 1, 2018. (BFEs), base flood depths, Special Flood C Street SW, Washington, DC 20472, David I. Maurstad, Hazard Area (SFHA) boundaries or zone (202) 646–7659, or (email) Deputy Associate Administrator for Insurance designations, or regulatory floodways on [email protected]; or visit and Mitigation (Acting), Department of the Flood Insurance Rate Maps (FIRMs) the FEMA Map Information eXchange Homeland Security, Federal Emergency and where applicable, in the supporting (FMIX) online at https:// Management Agency.

Community Community map repository address

Carroll County, Ohio and Incorporated Areas

Docket No.: FEMA–B–1704

Unincorporated Areas of Carroll County ...... Carroll County Courthouse, 119 South Lisbon Street, Carrollton, OH 44615. Village of Magnolia ...... Village Hall, 328 North Main Street, Magnolia, OH 44643.

Stark County, Ohio and Incorporated Areas

Docket No.: FEMA–B–1704

City of Massillon ...... Municipal Government Annex, 151 Lincoln Way East, Massillon, OH 44646. Unincorporated Areas of Stark County ...... Stark County Office Building, 110 Central Plaza South, Canton, OH 44702. Village of East Sparta ...... Municipal Building, 9353 Main Avenue, East Sparta, OH 44626.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22278 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

[FR Doc. 2018–10153 Filed 5–11–18; 8:45 am] Pilot Program for Debris Removal designations, or regulatory floodways on BILLING CODE 9110–12–P implemented pursuant to section 428 of the the Flood Insurance Rate Maps (FIRMs) Stafford Act. and where applicable, in the supporting Further, you are authorized to make Flood Insurance Study (FIS) reports DEPARTMENT OF HOMELAND changes to this declaration for the approved assistance to the extent allowable under the have been made final for the SECURITY Stafford Act. communities listed in the table below. The FIRM and FIS report are the basis Federal Emergency Management The Federal Emergency Management of the floodplain management measures Agency Agency (FEMA) hereby gives notice that that a community is required either to pursuant to the authority vested in the adopt or to show evidence of having in [Internal Agency Docket No. FEMA–4358– Administrator, under Executive Order DR; Docket ID FEMA–2018–0001] effect in order to qualify or remain 12148, as amended, Manny J. Toro, of qualified for participation in the Federal Kentucky; Major Disaster and Related FEMA is appointed to act as the Federal Emergency Management Agency’s Determinations Coordinating Officer for this major (FEMA’s) National Flood Insurance disaster. Program (NFIP). In addition, the FIRM AGENCY: Federal Emergency The following areas of the and FIS report are used by insurance Management Agency, DHS. Commonwealth of Kentucky have been agents and others to calculate ACTION: Notice. designated as adversely affected by this appropriate flood insurance premium major disaster: rates for buildings and the contents of SUMMARY: This is a notice of the Bell, Breathitt, Clay, Estill, Floyd, Harlan, those buildings. Presidential declaration of a major Johnson, Knott, Knox, Lawrence, Lee, Leslie, DATES: The date of August 28, 2018 has disaster for the Commonwealth of Letcher, Magoffin, Martin, Metcalfe, Owsley, Kentucky (FEMA–4358–DR), dated been established for the FIRM and, Perry, Pike, Powell, Whitley, and Wolfe where applicable, the supporting FIS April 12, 2018, and related Counties for Public Assistance. report showing the new or modified determinations. All areas within the Commonwealth of Kentucky are eligible for assistance under the flood hazard information for each DATES: The declaration was issued April Hazard Mitigation Grant Program. community. 12, 2018. The following Catalog of Federal Domestic ADDRESSES: The FIRM, and if FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used applicable, the FIS report containing the Dean Webster, Office of Response and for reporting and drawing funds: 97.030, final flood hazard information for each Recovery, Federal Emergency Community Disaster Loans; 97.031, Cora community is available for inspection at Management Agency, 500 C Street SW, Brown Fund; 97.032, Crisis Counseling; the respective Community Map Washington, DC 20472, (202) 646–2833. 97.033, Disaster Legal Services; 97.034, Repository address listed in the tables Disaster Unemployment Assistance (DUA); SUPPLEMENTARY INFORMATION: Notice is below and will be available online hereby given that, in a letter dated April 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to through the FEMA Map Service Center 12, 2018, the President issued a major Individuals and Households In Presidentially at https://msc.fema.gov by the date disaster declaration under the authority Declared Disaster Areas; 97.049, indicated above. of the Robert T. Stafford Disaster Relief Presidentially Declared Disaster Assistance— FOR FURTHER INFORMATION CONTACT: Rick and Emergency Assistance Act, 42 Disaster Housing Operations for Individuals Sacbibit, Chief, Engineering Services U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), and Households; 97.050, Presidentially Branch, Federal Insurance and as follows: Declared Disaster Assistance to Individuals Mitigation Administration, FEMA, 400 and Households—Other Needs; 97.036, I have determined that the damage in Disaster Grants—Public Assistance C Street SW, Washington, DC 20472, certain areas of the Commonwealth of (Presidentially Declared Disasters); 97.039, (202) 646–7659, or (email) Kentucky resulting from severe storms, Hazard Mitigation Grant. [email protected]; or visit flooding, landslides, and mudslides during the FEMA Map Information eXchange the period of February 9–14, 2018, is of Brock Long, (FMIX) online at https:// sufficient severity and magnitude to warrant Administrator, Federal Emergency www.floodmaps.fema.gov/fhm/fmx_ a major disaster declaration under the Robert Management Agency. main.html. T. Stafford Disaster Relief and Emergency [FR Doc. 2018–10150 Filed 5–11–18; 8:45 am] Assistance Act, 42 U.S.C. 5121 et seq. (the SUPPLEMENTARY INFORMATION: The ‘‘Stafford Act’’). Therefore, I declare that such BILLING CODE 9111–23–P Federal Emergency Management Agency a major disaster exists in the Commonwealth (FEMA) makes the final determinations of Kentucky. listed below for the new or modified DEPARTMENT OF HOMELAND In order to provide Federal assistance, you flood hazard information for each SECURITY are hereby authorized to allocate from funds community listed. Notification of these available for these purposes such amounts as you find necessary for Federal disaster Federal Emergency Management changes has been published in assistance and administrative expenses. Agency newspapers of local circulation and 90 You are authorized to Public Assistance in days have elapsed since that the designated areas and Hazard Mitigation [Docket ID FEMA–2018–0002] publication. The Deputy Associate throughout the Commonwealth. Consistent Administrator for Insurance and with the requirement that Federal assistance Final Flood Hazard Determinations Mitigation has resolved any appeals be supplemental, any Federal funds provided AGENCY: Federal Emergency resulting from this notification. under the Stafford Act for Hazard Mitigation Management Agency, DHS. This final notice is issued in will be limited to 75 percent of the total ACTION: Final notice. accordance with section 110 of the eligible costs. Federal funds provided under Flood Disaster Protection Act of 1973, the Stafford Act for Public Assistance also SUMMARY: will be limited to 75 percent of the total Flood hazard determinations, 42 U.S.C. 4104, and 44 CFR part 67. eligible costs, with the exception of projects which may include additions or FEMA has developed criteria for that meet the eligibility criteria for a higher modifications of Base Flood Elevations floodplain management in floodprone Federal cost-sharing percentage under the (BFEs), base flood depths, Special Flood areas in accordance with 44 CFR part Public Assistance Alternative Procedures Hazard Area (SFHA) boundaries or zone 60.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22279

Interested lessees and owners of real The flood hazard determinations are Dated: May 1, 2018. property are encouraged to review the made final in the watersheds and/or David I. Maurstad, new or revised FIRM and FIS report communities listed in the table below. Deputy Associate Administrator for Insurance available at the address cited below for (Catalog of Federal Domestic Assistance No. and Mitigation (Acting), Department of each community or online through the 97.022, ‘‘Flood Insurance.’’) Homeland Security, Federal Emergency FEMA Map Service Center at https:// Management Agency. msc.fema.gov.

Community Community map repository address

Grand Traverse County, Michigan (All Jurisdictions)

Docket Nos.: FEMA–B–1463 and FEMA–B–1630

Charter Township of East Bay ...... East Bay Township Hall, 1965 Three Mile Road North, Traverse City, MI 49696. Charter Township of Garfield ...... Garfield Township Hall, 3848 Veterans Drive, Traverse City, MI 49684. City of Traverse City ...... City Hall, 400 Boardman Avenue, Traverse City, MI 49684. Grand Traverse Band of Ottawa and Chippewa Indians ...... Grand Traverse Band of Ottawa and Chippewa Indians Tribal Govern- ment, 2605 North West Bay Shore Drive, Peshawbestown, MI 49682. Township of Acme ...... Acme Township Hall, 6042 Acme Road, Williamsburg, MI 49690. Township of Blair ...... Blair Township Hall, 2121 County Road 633, Grawn, MI 49637. Township of Green Lake ...... Green Lake Township Hall, 9394 10th Street, Interlochen, MI 49643. Township of Long Lake ...... Long Lake Township Hall, 8870 North Long Lake Road, Traverse City, MI 49685. Township of Paradise ...... Paradise Township Hall, 2300 East M113, Kingsley, MI 49649. Township of Peninsula ...... Peninsula Township Hall, 13235 Center Road, Traverse City, MI 49686. Township of Union ...... Union Township Hall, 5020 Fife Lake Road, Fife Lake, MI 49633. Township of Whitewater ...... Whitewater Township Hall, 5777 Vinton Road, Williamsburg, MI 49690. Village of Kingsley ...... Village Hall, 207 South Brownson Avenue, Kingsley, MI 49649.

Atlantic County, New Jersey (All Jurisdictions)

Docket No.: FEMA–B–1471

Borough of Buena ...... Buena Borough Construction and Permits Office, 616 Central Avenue, Minotola, NJ 08341. Borough of Folsom ...... Borough Hall, 1700 12th Street, Folsom, NJ 08037. Borough of Longport ...... Borough Hall, 2305 Atlantic Avenue, Longport, NJ 08403. City of Absecon ...... City Hall, 500 Mill Road, Absecon, NJ 08201. City of Brigantine ...... City Hall, 1417 West Brigantine Avenue, Brigantine, NJ 08203. City of Linwood ...... Construction Office, 400 Poplar Avenue, Linwood, NJ 08221. City of Margate City ...... Construction Office, 9001 Winchester Avenue, Margate City, NJ 08402. Town of Hammonton ...... Town Engineer’s Office, 850 South White Horse Pike, Hammonton, NJ 08037. Township of Buena Vista ...... Buena Vista Township Hall, 890 Harding Highway, Buena, NJ 08310. Township of Egg Harbor ...... Municipal Building, 3515 Bargaintown Road, Egg Harbor, NJ 08234. Township of Hamilton ...... Hamilton Township Zoning Office, 6101 Thirteenth Street, Mays Land- ing, NJ 08330. Township of Mullica ...... Mullica Township Hall, 4528 White Horse Pike, Elwood, NJ 08217. Township of Weymouth ...... Weymouth Township Municipal Building, 45 South Jersey Avenue, Dorothy, NJ 08317.

[FR Doc. 2018–10151 Filed 5–11–18; 8:45 am] ACTION: Notice. 17, 2018, the President amended the BILLING CODE 9110–12–P cost-sharing arrangements regarding SUMMARY: This notice amends the notice Federal funds provided under the of a major disaster for the Pueblo of authority of the Robert T. Stafford DEPARTMENT OF HOMELAND Acoma (FEMA–4352–DR), dated Disaster Relief and Emergency SECURITY December 20, 2017, and related Assistance Act, 42 U.S.C. 5121 et seq. determinations. (the ‘‘Stafford Act’’), in a letter to Brock Federal Emergency Management Long, Administrator, Federal Emergency Agency DATES: This amendment was issued April 17, 2018. Management Agency, Department of Homeland Security, under Executive [Internal Agency Docket No. FEMA–4352– FOR FURTHER INFORMATION CONTACT: Order 12148, as follows: DR; Docket ID FEMA–2017–0001] Dean Webster, Office of Response and Recovery, Federal Emergency I have determined that the damage to the Pueblo of Acoma; Amendment No. 1 to Management Agency, 500 C Street SW, Pueblo of Acoma resulting from severe Notice of a Major Disaster Declaration Washington, DC 20472, (202) 646–2833. storms and flooding during the period of October 4–6, 2017, is of sufficient severity AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: Notice is and magnitude that special cost-sharing Management Agency, DHS. hereby given that, in a letter dated April arrangements are warranted regarding

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22280 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Federal funds provided under the Robert T. SUMMARY: New or modified Base (1- Protection Act of 1973, 42 U.S.C. 4105, Stafford Disaster Relief and Emergency percent annual chance) Flood and are in accordance with the National Assistance Act, 42 U.S.C. 5121 et seq. (the Elevations (BFEs), base flood depths, Flood Insurance Act of 1968, 42 U.S.C. ‘‘Stafford Act’’). Special Flood Hazard Area (SFHA) 4001 et seq., and with 44 CFR part 65. Therefore, I amend my declaration of December 20, 2017, to authorize Federal boundaries or zone designations, and/or For rating purposes, the currently funds for all categories of Public Assistance regulatory floodways (hereinafter effective community number is shown at 90 percent of total eligible costs. referred to as flood hazard and must be used for all new policies This adjustment to the cost sharing applies determinations) as shown on the and renewals. only to Public Assistance costs and direct indicated Letter of Map Revision The new or modified flood hazard Federal assistance eligible for such (LOMR) for each of the communities information is the basis for the adjustments under the law. The Robert T. listed in the table below are finalized. Stafford Disaster Relief and Emergency floodplain management measures that Each LOMR revises the Flood Insurance the community is required either to Assistance Act specifically prohibits a Rate Maps (FIRMs), and in some cases similar adjustment for funds provided for the adopt or to show evidence of being Hazard Mitigation Grant Program (Section the Flood Insurance Study (FIS) reports, already in effect in order to remain 404). These funds will continue to be currently in effect for the listed qualified for participation in the reimbursed at 75 percent of total eligible communities. The flood hazard National Flood Insurance Program costs. determinations modified by each LOMR (NFIP). will be used to calculate flood insurance The following Catalog of Federal Domestic This new or modified flood hazard premium rates for new buildings and Assistance Numbers (CFDA) are to be used information, together with the for reporting and drawing funds: 97.030, their contents. Community Disaster Loans; 97.031, Cora floodplain management criteria required DATES: Each LOMR was finalized as in by 44 CFR 60.3, are the minimum that Brown Fund; 97.032, Crisis Counseling; the table below. 97.033, Disaster Legal Services; 97.034, are required. They should not be Disaster Unemployment Assistance (DUA); ADDRESSES: Each LOMR is available for construed to mean that the community 97.046, Fire Management Assistance Grant; inspection at both the respective must change any existing ordinances 97.048, Disaster Housing Assistance to Community Map Repository address that are more stringent in their Individuals and Households In Presidentially listed in the table below and online floodplain management requirements. Declared Disaster Areas; 97.049, through the FEMA Map Service Center The community may at any time enact Presidentially Declared Disaster Assistance— at https://msc.fema.gov. stricter requirements of its own or Disaster Housing Operations for Individuals FOR FURTHER INFORMATION CONTACT: Rick pursuant to policies established by other and Households; 97.050 Presidentially Sacbibit, Chief, Engineering Services Declared Disaster Assistance to Individuals Federal, State, or regional entities. and Households—Other Needs; 97.036, Branch, Federal Insurance and This new or modified flood hazard Disaster Grants—Public Assistance Mitigation Administration, FEMA, 400 determinations are used to meet the (Presidentially Declared Disasters); 97.039, C Street SW, Washington, DC 20472, floodplain management requirements of Hazard Mitigation Grant. (202) 646–7659, or (email) the NFIP and also are used to calculate [email protected]; or visit the appropriate flood insurance Brock Long, the FEMA Map Information eXchange premium rates for new buildings, and Administrator, Federal Emergency (FMIX) online at https:// for the contents in those buildings. The _ Management Agency. www.floodmaps.fema.gov/fhm/fmx changes in flood hazard determinations [FR Doc. 2018–10149 Filed 5–11–18; 8:45 am] main.html. are in accordance with 44 CFR 65.4. BILLING CODE 9111–23–P SUPPLEMENTARY INFORMATION: The Interested lessees and owners of real Federal Emergency Management Agency property are encouraged to review the (FEMA) makes the final flood hazard final flood hazard information available DEPARTMENT OF HOMELAND determinations as shown in the LOMRs at the address cited below for each SECURITY for each community listed in the table community or online through the FEMA Federal Emergency Management below. Notice of these modified flood Map Service Center at https:// Agency hazard determinations has been msc.fema.gov. published in newspapers of local (Catalog of Federal Domestic Assistance No. [Docket ID FEMA–2018–0002] circulation and 90 days have elapsed 97.022, ‘‘Flood Insurance.’’) since that publication. The Deputy Changes in Flood Hazard Associate Administrator for Insurance Dated: May 1, 2018. Determinations and Mitigation has resolved any appeals David I. Maurstad, AGENCY: Federal Emergency resulting from this notification. Deputy Associate Administrator for Insurance Management Agency, DHS. The modified flood hazard and Mitigation (Acting), Department of determinations are made pursuant to ACTION: Final Notice. Homeland Security, Federal Emergency section 206 of the Flood Disaster Management Agency.

Location and case Community State and county No. Chief executive, officer of community Community map repository Date of modification No.

Alabama: Houston (FEMA City of Dothan, (17– The Honorable Mike Schmitz, Mayor, City City Hall, 126 North Saint An- Mar. 9, 2018 ...... 010104 Docket No.: 04–1523P). of Dothan, 126 North Saint Andrews drews Street, Suite 201, B–1770). Street, Suite 201, Dothan, AL 36303. Dothan, AL 36303. Shelby (FEMA City of Helena, (17– The Honorable Mark R. Hall, Mayor, City City Hall, 816 Highway 52E, Mar. 8, 2018 ...... 010294 Docket No.: 04–6802P). of Helena, 816 Highway 52E, Helena, Helena, AL 35080. B–1770). AL 35080. Shelby (FEMA City of Hoover, (17– The Honorable Frank Brocato, Mayor, City Hall, 100 Municipal Drive, Mar. 8, 2018 ...... 010123 Docket No.: 04–6802P). City of Hoover, 100 Municipal Drive, Hoover, AL 35216. B–1770). Hoover, AL 35216.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22281

Location and case Community State and county No. Chief executive, officer of community Community map repository Date of modification No.

Shelby (FEMA City of Pelham, (17– The Honorable Gary W. Waters, Mayor, City Hall, 3162 Pelham Park- Mar. 1, 2018 ...... 010193 Docket No.: 04–7130P). City of Pelham, 3162 Pelham Parkway, way, Pelham, AL 35124. B–1770). Pelham, AL 35124. Shelby (FEMA Unincorporated The Honorable Jon Parker, Chairman, Shelby County Engineering De- Mar. 8, 2018 ...... 010191 Docket No.: Areas of Shelby Shelby County Commission, P.O. Box partment, 506 Highway 70, B–1770). County, (17–04– 467, Columbiana, AL 35051. Columbiana, AL 35051. 6802P). Arkansas: Benton, City of Rogers, (17– The Honorable Greg Hines, Mayor, City Jefferson County Land Devel- Mar. 2, 2018 ...... 050013 (FEMA Docket 06–3502P). of Rogers, 301 West Chestnut Street, opment Department, 716 No.: B–1770) Rogers, AR 72756. Richard Arrington, Jr. Boule- vard North, Birmingham, AL 35203. Colorado: Arapahoe, City of Centennial, The Honorable Cathy Noon, Mayor, City Southeast Metro Stormwater Mar. 23, 2018 ...... 080315 (FEMA Dock- (17–08–0785P). of Centennial, 13133 East Arapahoe Authority, 7437 South Fair- et No.: B– Road, Centennial, CO 80112. play Street, Centennial, CO 1770). 80112. Boulder, (FEMA City of Lafayette, The Honorable Christine Berg, Mayor, City Hall, 1290 South Public Mar. 8, 2018 ...... 080026 Docket No.: (17–08–0625P). City of Lafayette, 1290 South Public Road, Lafayette, CO 80026. B–1770). Road, Lafayette, CO 80026. Boulder, (FEMA Unincorporated The Honorable Deb Gardner, Chair, Boul- Boulder County Transportation Mar. 8, 2018 ...... 080026 Docket No.: areas of Boulder der County Board of Commissioners, Department, 2525 13th B–1770). County, (17–08– P.O. Box 471, Boulder, CO 80306. Street, Suite 203, Boulder, 0625P). CO 80304. El Paso, (FEMA City of Fountain, Mr. Scott Trainor, Manager, City of Foun- Planning Department, 116 Mar. 2, 2018 ...... 080061 Docket No.: (17–08–0459P). tain, 116 South Main Street, Fountain, South Main Street, Fountain, B–1767). CO 80817. CO 80817. El Paso, (FEMA Unincorporated The Honorable Darryl Glenn, President, El Paso County Planning and Mar. 2, 2018 ...... 080059 Docket No.: areas of El Paso El Paso County Board of Commis- Community Development De- B–1767). County, (17–08– sioners, 200 South Cascade Avenue, partment, 2880 International 0459P). Suite 100, Colorado Springs, CO 80903. Circle, Suite 110, Colorado Springs, CO 80910. Larimer, (FEMA City of Fort Collins, The Honorable Wade Troxell, Mayor, City Stormwater Utilities Depart- Feb. 26, 2018 ...... 080102 Docket No.: (16–08–1356P). of Fort Collins, P.O. Box 580, Fort Col- ment, 700 Wood Street, Fort B–1767). lins, CO 80522. Collins, CO 80521. Florida: Broward, (FEMA Town of Hillsboro The Honorable Deborah Tarrant, Mayor, Building Department, 1210 Mar. 19, 2018 ...... 120040 Docket No.: Beach, (17–04– Town of Hillsboro Beach, 1210 Hills- Hillsboro Mile, Hillsboro B–1770). 4804P). boro Mile, Hillsboro Beach, FL 33062. Beach, FL 33062. Broward, (FEMA Unincorporated The Honorable Barbara Sharief, Mayor, Broward County Environmental Mar. 19, 2018 ...... 125093 Docket No.: areas of Broward Broward County Board of Commis- Engineering and Permitting B–1770). County, (17–04– sioners, 115 South Andrews Avenue, Division, 1 North University 4804P). Room 520, Ft. Lauderdale, FL 33301. Drive, Ft. Lauderdale, FL 33324. Charlotte, Unincorporated The Honorable Bill Truex, Chairman, Charlotte County Community Feb. 28, 2018 ...... 120061 (FEMA Dock- areas of Charlotte Charlotte County Board of Commis- Development Department, et No.: B– County, (17–04– sioners, 18500 Murdock Circle, Suite 18500 Murdock Circle Port 1767). 6576P). 536, Port Charlotte, FL 33948. Charlotte, FL 33948. Collier, (FEMA City of Marco Island, The Honorable Larry Honig, Chairman, Building Department, 50 Bald Mar. 21, 2018 ...... 120426 Docket No.: (17–04–6180P). City of Marco Island Council, 50 Bald Eagle Drive, Marco Island, B–1770). Eagle Drive, Marco Island, FL 34145. FL 34145. Duval, (FEMA City of Jacksonville, The Honorable Lenny Curry, Mayor, City Development Services Depart- Mar. 12, 2018 ...... 120077 Docket No.: (17–04–1426P). of Jacksonville, 117 West Duval Street, ment, 214 North Hogan B–1770). Suite 400, Jacksonville, FL 32202. Street, Room 2100, Jackson- ville, FL 32202. Hillsborough, City of Tampa, (17– The Honorable Bob Buckhorn, Mayor, Development Services Depart- Mar. 5, 2018 ...... 120114 (FEMA Dock- 04–5064P). City of Tampa, 306 East Jackson ment, 1400 North Boulevard, et No.: B– Street, Tampa, FL 33602. Tampa, FL 33607. 1767). Hillsborough, City of Tampa, (17– The Honorable Bob Buckhorn, Mayor, Development Services Depart- Mar. 7, 2018 ...... 120114 (FEMA Dock- 04–5729P). City of Tampa, 306 East Jackson ment, 1400 North Boulevard, et No.: B– Street, Tampa, FL 33602. Tampa, FL 33607. 1770). Lee, (FEMA City of Sanibel, (17– The Honorable Kevin Ruane, Mayor, City Planning and Code Enforce- Feb. 28, 2018 ...... 120402 Docket No.: 04–5722P). of Sanibel, 800 Dunlop Road, Sanibel, ment Department, 800 Dun- B–1767). FL 33957. lop Road, Sanibel, FL 33957. Lee, (FEMA City of Sanibel, (17– The Honorable Kevin Ruane, Mayor, City Planning and Code Enforce- Mar. 6, 2018 ...... 120402 Docket No.: 04–7198P). of Sanibel, 800 Dunlop Road, Sanibel, ment Department, 800 Dun- B–1767). FL 33957. lop Road, Sanibel, FL 33957. Lee, (FEMA Town of Fort Myers The Honorable Dennis C. Boback, Mayor, Community Development De- Mar. 8, 2018 ...... 120673 Docket No.: Beach, (17–04– Town of Fort Myers Beach, 2523 partment, 2523 Estero Bou- B–1770). 5026P). Estero Boulevard, Fort Myers Beach, levard, Fort Myers Beach, FL FL 33931. 33931. Manatee, City of Bradenton, The Honorable Wayne H. Poston, Mayor, City Hall, 101 Old Main Street Mar. 20, 2018 ...... 120155 (FEMA Dock- (17–04–8018X). City of Bradenton, 101 Old Main Street West, Bradenton, FL 34205. et No.: B– West, Bradenton, FL 34205. 1770). Manatee, Unincorporated The Honorable Betsy Benac, Chair, Man- Manatee County Building and Mar. 20, 2018 ...... 120153 (FEMA Dock- areas of Manatee atee County Board of Commissioners, Development Services De- et No.: B– County, (17–04– P.O. Box 1000, Bradenton, FL 34206. partment, 1112 Manatee Av- 1770). 8018X). enue West, Bradenton, FL 34205.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22282 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Location and case Community State and county No. Chief executive, officer of community Community map repository Date of modification No.

Monroe, (FEMA City of Key West, The Honorable Craig Cates, Mayor, City Building Department, 1300 Mar. 5, 2018 ...... 120168 Docket No.: (17–04–6775P). of Key West, P.O. Box 1409, Key West, White Street, Key West, FL B–1770). FL 33041. 33041. Monroe, (FEMA City of Key West, The Honorable Craig Cates, Mayor, City Building Department, 1300 Mar. 5, 2018 ...... 120168 Docket No.: (17–04–6810X). of Key West, P.O. Box 1409, Key West, White Street, Key West, FL B–1770). FL 33041. 33041. Monroe, (FEMA City of Marathon, The Honorable Dan Zieg, Mayor, City of Planning Department, 9805 Mar. 2, 2018 ...... 120681 Docket No.: (17–04–6938P). Marathon, 9805 Overseas Highway, Overseas Highway, Mara- B–1767). Marathon, FL 33050. thon, FL 33050. Okaloosa, City of Destin, (17– Ms. Carisse LeJeune, Manager, City of Public Services Department, Mar. 20, 2018 ...... 125158 (FEMA Dock- 04–5431P). Destin, 4200 Indian Bayou Trail, Destin, 4200 Indian Bayou Trail, et No.: B– FL 32541. Destin, FL 32541. 1803). Okaloosa, Unincorporated The Honorable Carolyn Ketchel, Chair, Okaloosa County Information Mar. 20, 2018 ...... 120173 (FEMA Dock- areas of Okaloosa Okaloosa County Board of Commis- Technology Department, GIS et No.: B– County, (17–04– sioners, 1250 North Eglin Parkway, Division, 1250 North Eglin 1803). 5431P). Suite 100, Shalimar, FL 32579. Parkway, Suite 303, Shalimar, FL 32579. Pinellas, (FEMA City of Madeira The Honorable Maggi Black, Mayor, City Community Development Cen- Mar. 19, 2018 ...... 125127 Docket No.: Beach, (17–04– of Madeira Beach, 300 Municipal Drive, ter, 300 Municipal Drive, Ma- B–1770). 5429P). Madeira Beach, FL 33708. deira Beach, FL 33708. Seminole, City of Casselberry, The Honorable Charlene Glancy, Mayor, City Hall, 95 Triplet Lake Drive, Mar. 1, 2018 ...... 120291 (FEMA Dock- (17–04–5310P). City of Casselberry, 95 Triplet Lake Casselberry, FL 32707. et No.: B– Drive, Casselberry, FL 32707. 1767). Georgia: Gwinnett, Unincorporated The Honorable Charlotte E. Nash, Chair, Gwinnett County Planning and Mar. 19, 2018 ...... 130322 (FEMA Dock- areas of Gwinnett Gwinnett County Board of Commis- Development Department, et No.: B– County, (17–04– sioners, 75 Langley Drive, 446 West Crogan Street, 1810). 5175P). Lawrenceville, GA 30046. Lawrenceville, GA 30046. Gwinnett, Unincorporated The Honorable Charlotte E. Nash, Chair, Gwinnett County Planning and Mar. 22, 2018 ...... 130322 (FEMA Dock- areas of Gwinnett Gwinnett County Board of Commis- Development Department, et No.: B– County, (17–04– sioners, 75 Langley Drive, 446 West Crogan Street, 1810). 7249P). Lawrenceville, GA 30046. Lawrenceville, GA 30046. Jackson, (FEMA Town of Braselton, The Honorable Bill Orr, Mayor, Town of Public Works Department, Mar. 15, 2018 ...... 130343 Docket No.: (17–04–4117P). Braselton, 4986 Highway 53, Braselton, 4986 Highway 53, Braselton, B–1803). GA 30517. GA 30517. Jackson, (FEMA Unincorporated The Honorable Tom Crow, Chairman, Jackson County Public Devel- Mar. 15, 2018 ...... 130345 Docket No.: areas of Jackson Jackson County Board of Commis- opment Department, 67 Ath- B–1803). County, (17–04– sioners, 67 Athens Street, Jefferson, ens Street, Jefferson, GA 4117P). GA 30549. 30549. Louisiana: Unincorporated The Honorable Robby Miller, President, Tangipahoa Parish Department Mar. 15, 2018 ...... 220206 Tangipahoa, areas of Tangipahoa Parish, P.O. Box 215, of Public Works, 44512 West (FEMA Docket Tangipahoa Par- Amite, LA 70422. Pleasant Ridge Road, Ham- No.: B–1810) ish, (17–06– mond, LA 70401. 1567P). Maryland: Frederick, Town of New Mar- The Honorable Winslow F. Burhans, III, Town Hall, 39 West Main Mar. 14, 2018 ...... 240088 (FEMA Dock- ket, (17–03– Mayor, Town of New Market, P.O. Box Street, New Market, MD et No.: B– 0470P). 27, New Market, MD 21774. 21774. 1762). Montgomery, Unincorporated The Honorable Isiah Leggett, Mont- Montgomery County Depart- Mar. 23, 2018 ...... 240049 (FEMA Dock- areas of Mont- gomery County Executive, 101 Monroe ment of Permitting Services, et No.: B– gomery County, Street, 2nd Floor, Rockville, MD 20850. 255 Rockville Pike, 2nd 1770). (17-03-0816P). Floor, Rockville, MD 20850. Massachusetts: Town of Wareham, Mr. Derek Sullivan, Administrator, Town Town Hall, 54 Marion Road, Mar. 23, 2018 ...... 255223 Plymouth, (FEMA (17–01–0909P). of Wareham, 54 Marion Road, Wareham, MA 02571. Docket No.: B– Wareham, MA 02571. 1810) North Carolina: Or- Town of Chapel Hill, The Honorable Pam Hemminger, Mayor, Stormwater Management Pro- Mar. 13, 2018 ...... 370180 ange, (FEMA (17–04–3137P). Town of Chapel Hill, 405 Martin Luther gram Department, 208 North Docket No.: B– King Jr. Boulevard, Chapel Hill, NC Columbia Street, Chapel Hill, 1803) 27514. NC 27514. Oklahoma: City of Shawnee, Mr. Justin Erickson, Manager, City of City Hall, 16 West 9th Street, Mar. 12, 2018 ...... 400178 Pottawatomie, (17–06–3304P). Shawnee, P.O. Box 1448, Shawnee, Shawnee, OK 74801. (FEMA Docket OK 74801. No.: B–1770) Pennsylvania: Berks, (FEMA Borough of Mohnton, The Honorable Gary D. Kraft, Mayor, Bor- Borough Hall, 21 O’Neil Street, Feb. 26, 2018 ...... 420142 Docket No.: (17–03–1918P). ough of Mohnton, 21 O’Neil Street, Mohnton, PA 19540. B–1767). Mohnton, PA 19540. Berks, (FEMA Township of Cumru, The Honorable Ruth O’Leary, President, Township Hall, 1775 Welsh Feb. 26, 2018 ...... 420130 Docket No.: (17–03–1918P). Township of Cumru Board of Commis- Road, Mohnton, PA 19540. B–1767). sioners, 1775 Welsh Road, Mohnton, PA 19540. Rhode Island: Provi- City of Providence, The Honorable Jorge O. Elorza, Mayor, Department of Inspection and Mar. 16, 2018 ...... 445406 dence, (FEMA (17–01–1322P). City of Providence, 25 Dorrance Street, Standards, 444 Westminster Docket No.: B– Providence, RI 02903. Street, Providence, RI 02903. 1810) South Carolina:

VerDate Sep<11>2014 18:57 May 11, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22283

Location and case Community State and county No. Chief executive, officer of community Community map repository Date of modification No.

Charleston, City of Charleston, The Honorable John J. Tecklenburg, Engineering Division, 2 George Mar. 9, 2018 ...... 455412 (FEMA Dock- (17–04–6788P). Mayor, City of Charleston, P.O. Box Street, Charleston, SC et No.: B– 652, Charleston, SC 29401. 29401. 1770). Greenville, City of Greenville, The Honorable Knox White, Mayor, City Engineering Division, 206 Mar. 2, 2018 ...... 450091 (FEMA Dock- (17–04–4211P). of Greenville, P.O. Box 2207, Green- South Main Street, 8th Floor, et No.: B– ville, SC 29602. Greenville, SC 29601. 1803). Greenville, Unincorporated The Honorable H. G. (Butch) Kirven, Jr., Greenville County Planning and Mar. 2, 2018 ...... 450089 (FEMA Dock- areas of Greenville Chairman, Greenville County Council, Code Compliance Division, et No.: B– County, (17–04– 301 University Ridge, Suite 2400, 301 University Ridge, Suite 1803). 4211P). Greenville, SC 29601. 4100, Greenville, SC 29601. Richland, City of Columbia, The Honorable Stephen K. Benjamin, Engineering Department, 1136 Mar. 5, 2018 ...... 450172 (FEMA Dock- (17–04–2846P). Mayor, City of Columbia, P.O. Box 147, Washington Street, Colum- et No.: B– Columbia, SC 29217. bia, SC 29210. 1767). Richland, Unincorporated The Honorable Joyce Dickerson, Chair, Richland County Development Mar. 5, 2018 ...... 450170 (FEMA Dock- areas of Richland Richland County Council, 1728 Emer- Services Department, 2020 et No.: B– County, (17–04– ald Valley Road, Columbia, SC 29210. Hampton Street, 1st Floor, 1767). 2846P). Columbia, SC 29204. Tennessee: City of Brentwood, The Honorable Jill Burgin, Mayor, City of City Hall, 5211 Maryland Way, Jan. 26, 2018 ...... 470205 Williamson, (17–04–1261P). Brentwood, 1211 Knox Valley Drive, Brentwood, TN 37027. (FEMA Docket Brentwood, TN 37027. No.: B–1803) Texas: Bexar, (FEMA City of San Antonio, The Honorable Ron Nirenberg, Mayor, Transportation and Capital Im- Mar. 6, 2018 ...... 480045 Docket No.: (17–06–0477P). City of San Antonio, P.O. Box 839966, provements Department, B–1770). San Antonio, TX 78283. Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204. Bexar, (FEMA City of San Antonio, The Honorable Ron Nirenberg, Mayor, Transportation and Capital Im- Mar. 14, 2018 ...... 480045 Docket No.: (17–06–1913P). City of San Antonio, P.O. Box 839966, provements Department, B–1770). San Antonio, TX 78283. Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204. Bexar, (FEMA City of San Antonio, The Honorable Ron Nirenberg, Mayor, Transportation and Capital Im- Mar. 20, 2018 ...... 480045 Docket No.: (17–06–2951P). City of San Antonio, P.O. Box 839966, provements Department, B–1770). San Antonio, TX 78283. Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204. Collin, (FEMA City of McKinney, The Honorable George Fuller, Mayor, City Engineering Department, 221 Feb. 26, 2018 ...... 480135 Docket No.: (17–06–2044P). of McKinney, P.O. Box 517, McKinney, North Tennessee Street, B–1767). TX 75070. McKinney, TX 75069. Collin, (FEMA City of Melissa, (17– The Honorable Reed Greer, Mayor, City City Hall, 3411 Barker Avenue, Feb. 26, 2018 ...... 481626 Docket No.: 06–2044P). of Melissa, 3411 Barker Avenue, Me- Melissa, TX 75454. B–1767). lissa, TX 75454. Collin, (FEMA Unincorporated The Honorable Keith Self, Collin County Collin County Engineering De- Feb. 26, 2018 ...... 480130 Docket No.: areas of Collin Judge, 2300 Bloomdale Road, Suite partment, 4690 Community B–1767). County, (17–06– 4192, McKinney, TX 75071. Avenue, Suite 200, McKin- 2044P). ney, TX 75071. Denton, (FEMA City of Frisco, (17– The Honorable Jeff Cheney, Mayor, City Engineering Services Depart- Mar. 12, 2018 ...... 480134 Docket No.: 06–3544P). of Frisco, 6101 Frisco Square Boule- ment, 6101 Frisco Square B–1770). vard, Frisco, TX 75034. Boulevard, 3rd Floor, Frisco, TX 75034. Denton, (FEMA Town of Flower The Honorable Thomas Hayden, Mayor, Engineering Department, 2121 Mar. 14, 2018 ...... 480777 Docket No.: Mound, (17–06– Town of Flower Mound, 2121 Cross Cross Timbers Road, Flower B–1770). 3619P). Timbers Road, Flower Mound, TX Mound, TX 75028. 75028. Tarrant, (FEMA City of Fort Worth, The Honorable Betsy Price, Mayor, City Transportation and Public Mar. 23, 2018. Docket No.: (17–06–2140P). of Fort Worth, 200 Texas Street, Fort Works Department, 200 B–1803). Worth, TX 76102. Texas Street, Fort Worth, TX 76102. Tarrant, (FEMA City of Fort Worth, The Honorable Betsy Price, Mayor, City Transportation and Public Mar. 8, 2018 ...... 480596 Docket No.: (17–06–2291P). of Fort Worth, 200 Texas Street, Fort Works Department, 200 B–1770). Worth, TX 76102. Texas Street, Fort Worth, TX 76102. Tarrant, (FEMA Unincorporated The Honorable B. Glen Whitley, Tarrant Tarrant County Transportation Mar. 12, 2018 ...... 480582 Docket No.: areas of Tarrant County Judge, 100 East Weatherford Department, 100 East B–1770). County, (17–06– Street, Suite 501, Fort Worth, TX Weatherford Street, Suite 3156P). 76196. 401, Fort Worth, TX 76196. Travis, (FEMA Unincorporated The Honorable Sarah Eckhardt, Travis Travis County Planning Depart- Mar. 19, 2018 ...... 481026 Docket No.: areas of Travis County Judge, P.O. Box 1748, Austin, ment, 700 Lavaca Street, 5th B–1770). County, (17–06– TX 78767. Floor, Austin, TX 78767. 1733P). Virginia: Fauquier, Unincorporated The Honorable Richard R. Gerhardt, Fauquier County Circuit Court, Mar. 22, 2018 ...... 510055 (FEMA Dock- areas of Fauquier Chairman, Fauquier County Board of 29 Ashby Street, 3rd Floor, et No.: B– County, (17–03– Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186. 1770). 2312P). Warrenton, VA 20186.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22284 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Location and case Community State and county No. Chief executive, officer of community Community map repository Date of modification No.

Loudoun, Town of Lovettsville, The Honorable Robert Zoldos II, Mayor, Department of Public Works, 6 Mar. 2, 2018 ...... 510259 (FEMA Dock- (17–03–1213P). Town of Lovettsville, P.O. Box 209, East Pennsylvania Avenue, et No.: B– Lovettsville, VA 20180. Lovettsville, VA 20180. 1767). Loudoun, Unincorporated The Honorable Phyllis J. Randall, Chair, Loudoun County Department of Mar. 2, 2018 ...... 510090 (FEMA Dock- areas of Loudoun Loudoun County Board of Supervisors, Public Works, 1 Harrison et No.: B– County, (17–03– P.O. Box 7000, Leesburg, VA 20177. Street, Leesburg, VA 20177. 1767). 1213P). Wyoming: Teton, Town of Jackson, The Honorable Pete Muldoon, Mayor, Engineering Department, 450 Mar. 8, 2018 ...... 560052 (FEMA Docket (17–08–1603P). Town of Jackson, 150 East Pearl West Snow King Avenue, No.: B–1770) Street, Jackson, WY 83001. Jackson, WY 83001.

[FR Doc. 2018–10152 Filed 5–11–18; 8:45 am] is available via the link in the footer of (3) Enhance the quality, utility, and BILLING CODE 9110–12–P http://www.regulations.gov. clarity of the information to be collected; and FOR FURTHER INFORMATION CONTACT: (4) Minimize the burden of the USCIS, Office of Policy and Strategy, DEPARTMENT OF HOMELAND collection of information on those who Regulatory Coordination Division, SECURITY are to respond, including through the Samantha Deshommes, Chief, 20 use of appropriate automated, Massachusetts Avenue NW, U.S. Citizenship and Immigration electronic, mechanical, or other Washington, DC 20529–2140, Services technological collection techniques or Telephone number (202) 272–8377 other forms of information technology, [OMB Control Number 1615–0137] (This is not a toll-free number; e.g., permitting electronic submission of comments are not accepted via Agency Information Collection responses. telephone message.). Please note contact Activities; Revision of a Currently information provided here is solely for Overview of This Information Approved Collection: Application for questions regarding this notice. It is not Collection Employment Authorization for Abused for individual case status inquiries. Nonimmigrant Spouse (1) Type of Information Collection Applicants seeking information about Request: Revision of a Currently AGENCY: U.S. Citizenship and the status of their individual cases can Approved Collection. Immigration Services, Department of check Case Status Online, available at (2) Title of the Form/Collection: Homeland Security. the USCIS website at http:// Application for Employment ACTION: 30-Day notice. www.uscis.gov, or call the USCIS Authorization for Abused National Customer Service Center at Nonimmigrant Spouse. SUMMARY: The Department of Homeland (800) 375–5283; TTY (800) 767–1833. (3) Agency form number, if any, and Security (DHS), U.S. Citizenship and SUPPLEMENTARY INFORMATION: the applicable component of the DHS Immigration Services (USCIS) will be sponsoring the collection: I–765V; submitting the following information Comments USCIS. collection request to the Office of The information collection notice was (4) Affected public who will be asked Management and Budget (OMB) for or required to respond, as well as a brief review and clearance in accordance previously published in the Federal Register on February 15, 2018, at 83 FR abstract: Primary: Individuals or with the Paperwork Reduction Act of households. U.S. Citizenship and 1995. The purpose of this notice is to 6872, allowing for a 60-day public comment period. USCIS did receive Immigration Services (USCIS) will use allow an additional 30 days for public Form I–765V, Application for comments. three comments in connection with the 60-day notice. Employment Authorization for Abused DATES: The purpose of this notice is to Nonimmigrant Spouse, to collect the allow an additional 30 days for public You may access the information information that is necessary to comments. Comments are encouraged collection instrument with instructions, determine if the applicant is eligible for and will be accepted until June 13, or additional information by visiting the an initial EAD or renewal EAD as a 2018. This process is conducted in Federal eRulemaking Portal site at: qualifying abused nonimmigrant accordance with 5 CFR 1320.10. http://www.regulations.gov and enter spouse. Aliens are required to possess USCIS–2016–0004 in the search box. ADDRESSES: Written comments and/or an EAD as evidence of work Written comments and suggestions from suggestions regarding the item(s) authorization. To be authorized for the public and affected agencies should contained in this notice, especially employment, an alien must be lawfully address one or more of the following regarding the estimated public burden admitted for permanent residence or four points: and associated response time, must be authorized to be so employed by the directed to the OMB USCIS Desk Officer (1) Evaluate whether the proposed INA or under regulations issued by via email at dhsdeskofficer@ collection of information is necessary DHS. Pursuant to statutory or regulatory omb.eop.gov. All submissions received for the proper performance of the authorization, certain classes of aliens must include the agency name and the functions of the agency, including are authorized to be employed in the OMB Control Number 1615–0137 in the whether the information will have United States without restrictions as to subject line. practical utility; location or type of employment as a You may wish to consider limiting the (2) Evaluate the accuracy of the condition of their admission or amount of personal information that you agency’s estimate of the burden of the subsequent change to one of the provide in any voluntary submission proposed collection of information, indicated classes. USCIS may determine you make. For additional information including the validity of the the validity period assigned to any please read the Privacy Act notice that methodology and assumptions used; document issued evidencing an alien’s

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22285

authorization to work in the United Confidentiality provisions of Title 8, 2018. This process is conducted in States. USCIS also collects biometric United States Code, section 1367 extend accordance with 5 CFR 1320.10. information from EAD applicants to to applicants for employment ADDRESSES: Written comments and/or verify the applicant’s identity, check or authorization under INA section 106. suggestions regarding the item(s) update their background information, (5) An estimate of the total number of contained in this notice, especially and produce the EAD card. respondents and the amount of time regarding the estimated public burden USCIS is submitting this request in estimated for an average respondent to and associated response time, must be order for qualifying abused respond: The estimated total number of directed to the OMB USCIS Desk Officer nonimmigrant spouses to seek safety respondents for the information via email at dhsdeskofficer@ and financial stability from their abuser. collection I–765V is 500 and the omb.eop.gov. All submissions received The Form I–765V, Application for estimated hour burden per response is must include the agency name and the Employment Authorization for Abused 3.75 hours; the estimated total number OMB Control Number 1615–0123 in the Nonimmigrant Spouse, permits battered of respondents for the information subject line. spouses of nonimmigrants admitted collection Biometric Processing is 500 You may wish to consider limiting the under subparagraph (A), (E)(iii), (G), or and the estimated hour burden per amount of personal information that you (H) of section 101(a)(15) of the Act to response is 1.17 hours. provide in any voluntary submission apply for employment authorization (6) An estimate of the total public you make. For additional information based on section 106 of the INA. burden (in hours) associated with the please read the Privacy Act notice that To be eligible for employment collection: The total estimated annual is available via the link in the footer of authorization issued under INA section hour burden associated with this http://www.regulations.gov. 106, credible evidence must be collection is 2,460 hours. FOR FURTHER INFORMATION CONTACT: submitted demonstrating that the (7) An estimate of the total public USCIS, Office of Policy and Strategy, applicant: burden (in cost) associated with the 1. Is married to a qualifying principal collection: The estimated total annual Regulatory Coordination Division, nonimmigrant spouse, or was married to cost burden associated with this Samantha Deshommes, Chief, 20 a qualifying principal nonimmigrant collection of information is $125,000. Massachusetts Avenue NW, spouse and Washington, DC 20529–2140, Dated: May 8, 2018. Telephone number (202) 272–8377 a. The spouse died within two years Samantha L. Deshommes, of filing the EAD application, (This is not a toll-free number; b. The spouse lost qualifying Chief, Regulatory Coordination Division, comments are not accepted via Office of Policy and Strategy, U.S. Citizenship nonimmigrant status due to an incident telephone message.). Please note contact and Immigration Services, Department of information provided here is solely for of domestic violence, or Homeland Security. c. The marriage to the principal questions regarding this notice. It is not [FR Doc. 2018–10175 Filed 5–11–18; 8:45 am] spouse was terminated within the two for individual case status inquiries. BILLING CODE 9111–97–P years prior to filing for the INA section Applicants seeking information about 106 employment authorization, and the status of their individual cases can check Case Status Online, available at there is a connection between the DEPARTMENT OF HOMELAND the USCIS website at http:// termination of the marriage and the SECURITY battery or extreme cruelty; www.uscis.gov, or call the USCIS 2. Was last admitted as a U.S. Citizenship and Immigration National Customer Service Center at nonimmigrant under INA section Services (800) 375–5283; TTY (800) 767–1833. 101(a)(15)(A), (E)(iii), (G), or (H); SUPPLEMENTARY INFORMATION: 3. Was battered or has been subjected [OMB Control Number 1615–0123] Comments to extreme cruelty, or whose child was Agency Information Collection The information collection notice was battered or subjected to extreme cruelty, Activities; Extension, Without Change, previously published in the Federal perpetrated by the principal of a Currently Approved Collection: Register on January 31, at 83 FR 4505, nonimmigrant spouse during the Application for Provisional Unlawful allowing for a 60-day public comment marriage and after admission as a Presence Waiver of Inadmissibility nonimmigrant under INA section period. USCIS received one comment in 101(a)(15)(A), (E)(iii), (G), or (H); and AGENCY: U.S. Citizenship and connection with the 60-day notice. 4. Currently resides in the United Immigration Services, Department of You may access the information States. Homeland Security. collection instrument with instructions, Form I–765V will provide the ACTION: 30-Day notice. or additional information by visiting the information needed to determine Federal eRulemaking Portal site at: eligibility for employment authorization SUMMARY: The Department of Homeland http://www.regulations.gov and enter based on INA section 106. If the Security (DHS), U.S. Citizenship and USCIS–2012–0003 in the search box. applicant remarries prior to Immigration Services (USCIS) will be Written comments and suggestions from adjudication of the application, he or submitting the following information the public and affected agencies should she is ineligible for initial issuance or collection request to the Office of address one or more of the following renewal of employment authorization Management and Budget (OMB) for four points: under INA section 106. review and clearance in accordance (1) Evaluate whether the proposed In addition, if an applicant for with the Paperwork Reduction Act of collection of information is necessary employment authorization is filing 1995. The purpose of this notice is to for the proper performance of the based on a claim that his or her child allow an additional 30 days for public functions of the agency, including was battered or subjected to extreme comments. whether the information will have cruelty, USCIS requires submission of DATES: The purpose of this notice is to practical utility; evidence establishing the applicant’s allow an additional 30 days for public (2) Evaluate the accuracy of the parental relationship with the abused comments. Comments are encouraged agency’s estimate of the burden of the child. and will be accepted until June 13, proposed collection of information,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22286 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

including the validity of the DEPARTMENT OF HOMELAND status inquiries. Applicants seeking methodology and assumptions used; SECURITY information about the status of their (3) Enhance the quality, utility, and individual cases can check Case Status U.S. Citizenship and Immigration clarity of the information to be Online, available at the USCIS website Services collected; and at http://www.uscis.gov, or call the (4) Minimize the burden of the [OMB Control Number 1615–0016] USCIS National Customer Service collection of information on those who Center at 800–375–5283 (TTY 800–767– Agency Information Collection are to respond, including through the 1833). Activities; Extension, Without Change, use of appropriate automated, of a Currently Approved Collection: SUPPLEMENTARY INFORMATION: electronic, mechanical, or other Application for Relief Under Former technological collection techniques or Comments Section 212(c) of the Immigration and other forms of information technology, Nationality Act You may access the information e.g., permitting electronic submission of collection instrument with instructions, responses. AGENCY: U.S. Citizenship and or additional information by visiting the Immigration Services, Department of Overview of This Information Federal eRulemaking Portal site at: Homeland Security. Collection http://www.regulations.gov and enter ACTION: 60-day notice. USCIS–2006–0070 in the search box. (1) Type of Information Collection Regardless of the method used for Request: Extension, Without Change, of SUMMARY: The Department of Homeland submitting comments or material, all a Currently Approved Collection. Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general submissions will be posted, without (2) Title of the Form/Collection: public and other Federal agencies to change, to the Federal eRulemaking Application for Provisional Unlawful comment upon this proposed extension Portal at http://www.regulations.gov, Presence Waiver of Inadmissibility. of a currently approved collection of and will include any personal (3) Agency form number, if any, and information. In accordance with the information you provide. Therefore, the applicable component of the DHS Paperwork Reduction Act (PRA) of submitting this information makes it sponsoring the collection: I–601A; 1995, the information collection notice public. You may wish to consider USCIS. is published in the Federal Register to limiting the amount of personal (4) Affected public who will be asked obtain comments regarding the nature of information that you provide in any or required to respond, as well as a brief the information collection, the voluntary submission you make to DHS. abstract: Primary: Individuals or categories of respondents, the estimated DHS may withhold information households: Individuals who are burden (i.e. the time, effort, and provided in comments from public immediate relatives of U.S. citizens and resources used by the respondents to viewing that it determines may impact who are applying from within the respond), the estimated cost to the the privacy of an individual or is United States for a waiver of respondent, and the actual information offensive. For additional information, inadmissibility under INA section collection instruments. please read the Privacy Act notice that 212(a)(9)(B)(v) prior to obtaining an DATES: Comments are encouraged and is available via the link in the footer of immigrant visa abroad. will be accepted for 60 days until July http://www.regulations.gov. (5) An estimate of the total number of 13, 2018. Written comments and suggestions respondents and the amount of time ADDRESSES: All submissions received from the public and affected agencies estimated for an average respondent to must include the OMB Control Number should address one or more of the respond: The estimated total number of 1615–0016 in the body of the letter, the following four points: respondents for the information agency name and Docket ID USCIS– (1) Evaluate whether the proposed collection Form I–601A is 63,000 and 2006–0070. To avoid duplicate collection of information is necessary the estimated hour burden per response submissions, please use only one of the is 1.5 hours; biometrics processing following methods to submit comments: for the proper performance of the 63,000 total respondents with a burden (1) Online. Submit comments via the functions of the agency, including of 1.17 hours. Federal eRulemaking Portal website at whether the information will have http://www.regulations.gov under e- practical utility; (6) An estimate of the total public Docket ID number USCIS–2006–0070; burden (in hours) associated with the (2) Evaluate the accuracy of the (2) Mail. Submit written comments to collection: The total estimated annual agency’s estimate of the burden of the DHS, USCIS, Office of Policy and hour burden associated with this proposed collection of information, Strategy, Chief, Regulatory Coordination collection is 168,210 hours. including the validity of the Division, 20 Massachusetts Avenue NW, methodology and assumptions used; (7) An estimate of the total public Washington, DC 20529–2140. (3) Enhance the quality, utility, and burden (in cost) associated with the FOR FURTHER INFORMATION CONTACT: collection: The estimated total annual clarity of the information to be USCIS, Office of Policy and Strategy, collected; and cost burden associated with this Regulatory Coordination Division, collection of information is $3,413,812. Samantha Deshommes, Chief, 20 (4) Minimize the burden of the Dated: May 8, 2018. Massachusetts Avenue NW, collection of information on those who Samantha L. Deshommes, Washington, DC 20529–2140, telephone are to respond, including through the Chief, Regulatory Coordination Division, number 202–272–8377 (This is not a use of appropriate automated, Office of Policy and Strategy, U.S. Citizenship toll-free number. Comments are not electronic, mechanical, or other and Immigration Services, Department of accepted via telephone message). Please technological collection techniques or Homeland Security. note contact information provided here other forms of information technology, [FR Doc. 2018–10174 Filed 5–11–18; 8:45 am] is solely for questions regarding this e.g., permitting electronic submission of BILLING CODE 9111–97–P notice. It is not for individual case responses.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22287

Overview of This Information necessary for the management of these INTERNATIONAL TRADE Collection lands. COMMISSION DATES: (1) Type of Information Collection: Unless there are protests of this [Investigation No. 337–TA–1031] Extension, Without Change, of a action, the plats described in this notice Currently Approved Collection. will be filed on June 13, 2018. Certain UV Curable Coatings for (2) Title of the Form/Collection: ADDRESSES: You may submit written Optical Fibers, Coated Optical Fibers, Application for Relief under Former protests to the BLM Colorado State and Products Containing Same; Notice Section 212(c) of the Immigration and Office, Cadastral Survey, 2850 of the Commission’s Final Nationality Act. Youngfield Street, Lakewood, CO Determination Finding No Violation of (3) Agency form number, if any, and 80215–7093. Section 337; Termination of the applicable component of the DHS FOR FURTHER INFORMATION CONTACT: Investigation sponsoring the collection: I–191; USCIS. Randy Bloom, Chief Cadastral Surveyor (4) Affected public who will be asked for Colorado, (303) 239–3856; rbloom@ AGENCY: U.S. International Trade or required to respond, as well as a brief blm.gov. Persons who use a Commission. abstract: Primary: Individuals or telecommunications device for the deaf ACTION: Notice. households. USCIS and EOIR use the may call the Federal Relay Service at SUMMARY: Notice is hereby given that 1–800–877–8339 to contact the above information on the form to properly the U.S. International Trade individual during normal business assess and determine whether the Commission (the ‘‘Commission’’) has hours. The Service is available 24 hours applicant is eligible for a waiver under determined, upon review of the final a day, seven days a week, to leave a former section 212(c) of INA. initial determination (the ‘‘ID’’), that the (5) An estimate of the total number of message or question with the above complainants have not shown a respondents and the amount of time individual. You will receive a reply violation of the Tariff Act of 1930, as estimated for an average respondent to during normal business hours. amended, in connection with the respond: The estimated total number of SUPPLEMENTARY INFORMATION: The plat asserted patents. This investigation is respondents for the information and field notes of the dependent terminated. collection I–191 is 240 and the resurvey in Township 9 South, Range 81 estimated hour burden per response is West, Sixth Principal Meridian, FOR FURTHER INFORMATION CONTACT: Ron 1.5 hours. Colorado, were accepted on April 2, Traud, Office of the General Counsel, (6) An estimate of the total public 2018. U.S. International Trade Commission, burden (in hours) associated with the The plat, in 2 sheets, incorporating 500 E Street SW, Washington, DC collection: The total estimated annual the field notes of the dependent 20436, telephone 202–205–3427. Copies hour burden associated with this resurvey and survey in Township 48 of non-confidential documents filed in collection is 360 hours. North, Range 2 West, New Mexico connection with this investigation are or (7) An estimate of the total public Principal Meridian, Colorado, was will be available for inspection during burden (in cost) associated with the accepted on April 26, 2018. official business hours (8:45 a.m. to 5:15 collection: The estimated total annual A person or party who wishes to p.m.) in the Office of the Secretary, U.S. cost burden associated with this protest any of the above surveys must International Trade Commission, 500 E collection of information is $30,300. file a written notice of protest within 30 Street SW, Washington, DC 20436, telephone 202–205–2000. General Dated: May 8, 2018. calendar days from the date of this information concerning the Commission Samantha L. Deshommes, publication at the address listed in the ADDRESSES section of this notice. A may also be obtained by accessing its Chief, Regulatory Coordination Division, statement of reasons for the protest may internet server at https://www.usitc.gov. Office of Policy and Strategy, U.S. Citizenship The public record for this investigation and Immigration Services, Department of be filed with the notice of protest and Homeland Security. must be filed within 30 calendar days may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at https:// [FR Doc. 2018–10173 Filed 5–11–18; 8:45 am] after the protest is filed. If a protest against the survey is received prior to edis.usitc.gov. Hearing-impaired BILLING CODE 9111–97–P the date of official filing, the filing will persons are advised that information on be stayed pending consideration of the this matter can be obtained by protest. A plat will not be officially filed contacting the Commission’s TDD DEPARTMENT OF THE INTERIOR until the day after all protests have been terminal, telephone 202–205–1810. Bureau of Land Management dismissed or otherwise resolved. Before SUPPLEMENTARY INFORMATION: On including your address, phone number, December 5, 2016, the Commission [LLCO956000 L14400000.BJ0000 18X] email address, or other personal instituted this investigation based on a identifying information in your protest, complaint filed by DSM Desotech, Inc. Notice of Filing of Plats of Survey, please be aware that your entire protest, of Elgin, IL; and DSM IP Assets B.V. of Colorado including your personal identifying Heerlen, Netherlands (collectively, AGENCY: Bureau of Land Management, information, may be made publicly ‘‘DSM’’). 81 FR 87588–89 (Dec. 5, 2016). Interior. available at any time. While you can ask The complaint alleges violations of ACTION: Notice of official filing. us in your comment to withhold your section 337 of the Tariff Act of 1930, as personal identifying information from amended, 19 U.S.C. 1337 (‘‘section SUMMARY: The plats of survey of the public review, we cannot guarantee that 337’’), based upon the importation into following described lands are scheduled we will be able to do so. the United States, the sale for to be officially filed in the Bureau of Authority: 43 U.S.C. Chap. 3. importation, or the sale within the Land Management (BLM), Colorado United States after importation of State Office, Lakewood, Colorado, 30 Randy A. Bloom, certain UV curable coatings for optical calendar days from the date of this Chief Cadastral Surveyor. fibers, coated optical fibers, and publication. The surveys, which were [FR Doc. 2018–10210 Filed 5–11–18; 8:45 am] products containing same by reason of executed at the request of the BLM, are BILLING CODE 4310–JB–P infringement of one or more of claims

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22288 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

1–8, 10–15, and 18–22 of U.S. Patent ’103 patent are invalid for lack of DEPARTMENT OF JUSTICE No. 6,961,508 (‘‘the ’508 patent’’); written description and enablement. Antitrust Division claims 1–10 and 13–15 of U.S. Patent (5) Whether the accused products No. 7,171,103 (‘‘the ’103 patent’’); infringe the ’508, ’103, and ’659 patents. claims 2–4, 9, 11–12, and 15 of U.S. Notice Pursuant to the National Patent No. 7,067,564; and claims 1–3, 9, (6) Whether the technical and Cooperative Research and Production 12, 16–18, 21, and 30 of U.S. Patent No. economic prongs of the domestic Act of 1993—ODVA, INC. 7,706,659 (‘‘the ’659 patent’’). Id. The industry requirement have been met for Commission’s Notice of Investigation the ’508, ’103, and ’659 patents. Notice is hereby given that, on April named as respondents Momentive UV The Commission had determined to 23, 2018, pursuant to Section 6(a) of the Coatings (Shanghai) Co., Ltd. of not review the remainder of the ID and National Cooperative Research and Shanghai, China (‘‘MUV’’); and OFS did not request any briefing. Production Act of 1993, 15 U.S.C. 4301 Fitel, LLC of Norcross, Georgia (‘‘OFS’’) et seq. (‘‘the Act’’), ODVA, Inc. (collectively, ‘‘Respondents’’). Id. The On review, the Commission has now (‘‘ODVA’’) has filed written notifications Office of Unfair Import Investigations determined that DSM has not shown simultaneously with the Attorney (‘‘OUII’’) was also named as a party in that Respondents have violated section General and the Federal Trade this investigation. Id. 337. As to the issues under review and Commission disclosing changes in its Prior to the evidentiary hearing, DSM as explained more fully in the related membership. The notifications were withdrew its allegations as to certain Commission Opinion, the Commission filed for the purpose of extending the patent claims. See Order 12 (Apr. 12, has determined to affirm with Act’s provisions limiting the recovery of 2017), unreviewed, Notice of modifications in part, reverse in part, antitrust plaintiffs to actual damages Commission Determination Not to and take no position as to certain issues under specified circumstances. Review an Initial Determination under review. More particularly, the Specifically, Ingersoll-Rand Company, Granting Complainants’ Unopposed Commission has determined to affirm Davidson, NC; Erhardt+Leimer GmbH, Motion to Terminate this Investigation with modified reasoning the ID’s Stadtbergen, GERMANY; Dalian SeaSky with respect to One Patent Claim (May conclusion that claims 1–8, 11, 15, and Automation Co., Ltd., Dalian Liaoning, 11, 2017); Order 50 (Aug. 25, 2017), 18–19 of the ’508 patent are invalid for PEOPLE’S REPUBLIC OF CHINA; unreviewed, Notice of Commission lack of written description. The CIMON, Gyeonggi-do, REPUBLIC OF Determination Not to Review An Initial Commission has also determined to Determination Withdrawing from the supplement the ID’s reasoning as to its KOREA; SYNTEC TECHNOLOGY CO., Complaint Certain Allegations conclusion that claim 30 of the ’659 LTD., Hsinchu City, TAIWAN; and Regarding U.S. Patent No. 7,067,564 patent is invalid for lack of written ASA–RT s.r.l., Torino, ITALY, have (Sept. 15, 2017). DSM proceeded at the description. The Commission has been added as parties to this venture. evidentiary hearing on the following patents and claims: claims 1–8, 11–15, further determined to reverse the ID’s Also, Bedrock Automation, Canton, 18–19, 20–21, and 22 of the ’508 patent; conclusion that claim 21 of the ’508 MA; Criterion NDT, Auburn, WA; claims 1–10 and 13–15 of the ’103 patent and claims 1–10 and 13–15 of the Hermany Opto Electronics Inc., patent; and claims 1–3, 9, 12, 16–18, 21, ’103 patent are not invalid for lack of Coquitlam, CANADA; Alfa Laval LKM and 30 of the ’659 patent. written description. The Commission as, Kolding, DENMARK; Pico and Tera, On February 15, 2018, the presiding has additionally determined to modify Suwon-si, REPUBLIC OF KOREA; and administrative law judge (‘‘ALJ’’) issued the ID to include a finding that SWAC Automation Consult GmbH, the ID, which finds only MUV in respondent OFS imports respondent Oberhaching, GERMANY, have violation of section 337, and only as to MUV’s accused KS1–043/048 coating. withdrawn as parties to this venture. Finally, the Commission has determined the ’508 and ’103 patents. On February In addition, Dynatronix has changed not to take a position as to whether 27–28, 2018, OUII, DSM, MUV, and its name to ProTec Dynatronix LLC dba claims 1–8, 11, 15, 18–19, and 21 of the OFS filed petitions for review of the ID, Dynatronix, Amery, WI; and Microscan and on March 7–8, 2018, the parties ’508 patent and claims 1–10 and 13–15 Systems, Inc. to Omron Microscan filed responses to the petitions. On of the ’103 patent are invalid for lack of Systems, Inc., Renton, WA. March 19, 2018, the private parties filed enablement; whether the accused statements on the public interest. The products infringe the ’508, ’103, and No other changes have been made in Commission also received comments on ’659 patents; and whether the technical either the membership or planned the public interest from members of the and economic prongs of the domestic activity of the group research project. public. industry requirement have been met for Membership in this group research On April 16, 2018, after considering those patents. project remains open, and ODVA the parties’ petitions and responses This action is taken under the intends to file additional written thereto, the Commission determined to authority of section 337 of the Tariff Act notifications disclosing all changes in review the following issues: of 1930, as amended (19 U.S.C. 1337), membership. (1) Whether respondent OFS imports and in part 210 of the Commission’s respondent MUV’s accused KS1–043/ On June 21, 1995, ODVA filed its Rules of Practice and Procedure (19 CFR 048 coating. original notification pursuant to Section part 210). (2) Whether claim 30 of ’659 patent is 6(a) of the Act. The Department of Justice published a notice in the Federal invalid for lack of written description. By order of the Commission. Register pursuant to Section 6(b) of the (3) Whether claims 1–8, 11, 15, and Issued: May 8, 2018. 18–19 of the ’508 patent are invalid for Act on February 15, 1996 (61 FR 6039). Lisa Barton, lack of written description and The last notification was filed with Secretary to the Commission. enablement. the Department on January 29, 2018. A (4) Whether claim 21 of the ’508 [FR Doc. 2018–10164 Filed 5–11–18; 8:45 am] notice was published in the Federal patent and claims 1–10 and 13–15 of the BILLING CODE 7020–02–P

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22289

Register pursuant to Section 6(b) of the for the proper performance of the Management Division, Policy and Act on February 27, 2018 (83 FR 8506). functions of the Bureau of Justice Planning Staff, Two Constitution Statistics, including whether the Square, 145 N Street NE, 3E.405A, Patricia A. Brink, information will have practical utility; Washington, DC 20530. Director of Civil Enforcement, Antitrust —Evaluate the accuracy of the agency’s Division. Dated: May 9, 2018. estimate of the burden of the Melody Braswell, [FR Doc. 2018–10161 Filed 5–11–18; 8:45 am] proposed collection of information, BILLING CODE 4410–11–P Department Clearance Officer, PRA, U.S. including the validity of the Department of Justice. methodology and assumptions used; [FR Doc. 2018–10171 Filed 5–11–18; 8:45 am] DEPARTMENT OF JUSTICE —Evaluate whether and if so how the quality, utility, and clarity of the BILLING CODE 4410–02–P [OMB Number 1110–0065] information to be collected can be enhanced; and Agency Information Collection —Minimize the burden of the collection DEPARTMENT OF LABOR Activities; Proposed eCollection of information on those who are to Occupational Safety and Health eComments Requested; Extension respond, including through the use of Administration With Change, of a Previously appropriate automated, electronic, Approved Collection; Private Industry mechanical, or other technological Docket No. OSHA–2006–0042] Feedback Survey collection techniques or other forms CSA Group Testing & Certification Inc.: AGENCY: Cyber Division, Federal Bureau of information technology, e.g., of Investigation, Department of Justice. permitting electronic submission of Grant of Expansion of Recognition ACTION: 60-day notice. responses. AGENCY: Occupational Safety and Health Overview of this information Administration (OSHA), Labor. SUMMARY: The Department of Justice collection: ACTION: Notice. (DOJ), Federal Bureau of Investigation 1. Type of Information Collection: (FBI), Cyber Division (CyD) will be Extension with change of a currently SUMMARY: In this notice, OSHA submitting the following information approved collection. announces the final decision to expand collection request to the Office of 2. The Title of the Form/Collection: the scope of recognition for CSA Group Management and Budget (OMB) for 2013 Private Industry Feedback Survey. Testing & Certification Inc., as a review and approval in accordance with 3. The agency form number, if any, Nationally Recognized Testing the Paperwork Reduction Act of 1995. and the applicable component of the Laboratory (NRTL). DATES: Comments are encouraged and Department sponsoring the collection: DATES: The expansion of the scope of will be accepted for 60 days until July There is not a form number on the recognition becomes effective on May 13, 2018. survey. 14, 2018. FOR FURTHER INFORMATION CONTACT: If 4. Affected public who will be asked FOR FURTHER INFORMATION CONTACT: you have additional comments or required to respond, as well as a brief Information regarding this notice is especially on the estimated public abstract: The FBI, Cyber Division, available from the following sources: burden or associated response time, produces reports that provide Press inquiries: Contact Mr. Frank suggestions, or need a copy of the information related to cyber trends and Meilinger, Director, OSHA Office of proposed information collection threats for private sector partners. The Communications, U.S. Department of instrument with instructions or reports are referred to as Private Labor, phone: (202) 693–1999; email: additional information, please contact Industry Notifications (PINs) and FBI [email protected]. Stacy Stevens, Unit Chief, FBI, Cyber Liaison Alert Systems (FLASHs). In General and technical information: Division, 935 Pennsylvania Ave. NW, order to improve the PIN/FLASH Contact Mr. Kevin Robinson, Director, Washington, DC 20535 (facsimile: 703– reports, a ‘‘Feedback’’ Section has been Office of Technical Programs and 633–5797; email: [email protected]) or added to the reports containing a URL Coordination Activities, Directorate of Stacey Rubin, Management and Program that links to a voluntary online survey. Technical Support and Emergency Analyst, FBI, Cyber Division, 935 The results of the survey are reviewed Management, Occupational Safety and Pennsylvania Ave. NW, Washington, DC by CyD and used to improve future Health Administration, phone: (202) 20535 (facsimile: 703–633–5797; email: reports to better serve the FBI’s private 693–2110; email: robinson.kevin@ [email protected]). Written comments sector partners. dol.gov. OSHA’s web page includes and/or suggestions can also be sent to 5. An estimate of the total number of information about the NRTL Program the Office of Management and Budget, respondents and the amount of time (see http://www.osha.gov/dts/otpca/ Office of Information and Regulatory estimated for an average respondent to nrtl/index.html). Affairs, Attention Department of Justice respond: An estimated 5,000 SUPPLEMENTARY INFORMATION: Desk Officer, Washington, DC 20503. respondents will complete the survey. It Additionally, comments may be is estimated that it takes each I. Notice of Final Decision _ submitted via email to OIRA respondent 3 minutes to complete the OSHA hereby gives notice of the [email protected]. survey. expansion of the scope of recognition of SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public CSA Group Testing & Certification Inc. comments and suggestions from the burden (in hours) associated with the (CSA), as a NRTL. CSA’s expansion public and affected agencies concerning collection: The estimated public burden covers the addition of six test standards the proposed collection of information associated with this collection is 250 to its scope of recognition. are encouraged. Your comments should hours. OSHA recognition of a NRTL signifies address one or more of the following If additional information is required that the organization meets the four points: contact: Melody Braswell, Department requirements specified by 29 CFR —Evaluate whether the proposed Clearance Officer, United States 1910.7. Recognition is an collection of information is necessary Department of Justice, Justice acknowledgment that the organization

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22290 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

can perform independent safety testing To obtain or review copies of all testing and certification, a NRTL’s scope and certification of the specific products public documents pertaining to the of recognition does not include these covered within its scope of recognition CSA’s application, go to http:// products. and is not a delegation or grant of www.regulations.gov or contact the The American National Standards government authority. As a result of Docket Office, Occupational Safety and Institute (ANSI) may approve the test recognition, employers may use Health Administration. Docket No. standards listed above as American products properly approved by the OSHA–2006–0042 contains all materials National Standards. However, for NRTL to meet OSHA standards that in the record concerning CSA’s convenience, we may use the require testing and certification of the recognition. designation of the standards-developing products. II. Final Decision and Order organization for the standard as opposed The Agency processes applications by to the ANSI designation. Under the OSHA staff examined CSA’s a NRTL for initial recognition, or for NRTL Program’s policy (see OSHA expansion application, its capability to expansion or renewal of this Instruction CPL 1–0.3, Appendix C, meet the requirements of the test paragraph XIV), any NRTL recognized recognition, following requirements in standards, and other pertinent for a particular test standard may use Appendix A to 29 CFR 1910.7. This information. Based on its review of this either the proprietary version of the test appendix requires that the Agency evidence, OSHA finds that CSA meets standard or the ANSI version of that publish two notices in the Federal the requirements of 29 CFR 1910.7 for standard. Contact ANSI to determine Register in processing an application. In expansion of its recognition, subject to whether a test standard is currently the first notice, OSHA announces the the limitation and conditions listed in ANSI-approved. application and provides its preliminary this notice. OSHA, therefore, is finding and, in the second notice, the proceeding with this final notice to A. Conditions Agency provides its final decision on grant CSA’s scope of recognition. OSHA the application. These notices set forth limits the expansion of CSA’s In addition to those conditions the NRTL’s scope of recognition or recognition to testing and certification already required by 29 CFR 1910.7, CSA modifications of that scope. OSHA of products for demonstration of must abide by the following conditions maintains an informational web page for conformance to the test standards listed of the recognition: each NRTL that details its scope of below in Table 1. 1. CSA must inform OSHA as soon as recognition. These pages are available possible, in writing, of any change of from the Agency’s website at http:// TABLE 1—LIST OF APPROPRIATE TEST ownership, facilities, or key personnel, www.osha.gov/dts/otpca/nrtl/ STANDARDS FOR INCLUSION IN and of any major change in its index.html. CSA’S NRTL SCOPE OF RECOGNI- operations as a NRTL, and provide CSA submitted an application, dated TION details of the change(s); May 23, 2017 (OSHA–2006–0042–0012), 2. CSA must meet all the terms of its to expand its recognition to include Test standard Test standard title recognition and comply with all OSHA seven additional test standards. OSHA policies pertaining to this recognition; staff performed a comparability analysis UL 508A ...... Standard for Industrial Con- and trol Panels. and reviewed other pertinent 3. CSA must continue to meet the information. OSHA did not perform any UL 60950–1 ... Information Technology Equipment—Safety—Part requirements for recognition, including on-site reviews in relation to this 1: General Requirements. all previously published conditions on application. UL 60950–21 Information Technology CSA’s scope of recognition, in all areas OSHA published the preliminary Equipment—Safety—Part for which it has recognition. 21: Remote Power Feed- notice announcing CSA’s expansion Pursuant to the authority in 29 CFR application in the Federal Register on ing. UL 60950–23 Information Technology 1910.7, OSHA hereby expands the scope December 18, 2017 (82 FR 60051). The Equipment—Safety—Part of recognition of CSA, subject to the Agency requested comments by January 23: Large Data Storage limitation and conditions specified 2, 2018, but it received no comments in Equipment. above. response to this notice. In the UL 61800–5–1 Standard for Adjustable preliminary notice, OSHA included all Speed Electrical Power III. Authority and Signature seven test standards that CSA requested Drive Systems Part 5–1: Safety Requirements— Loren Sweatt, Deputy Assistant to add to its scope of recognition, one Secretary of Labor for Occupational of which would have been new to the Electrical, Thermal and Energy. Safety and Health, authorized the NRTL program’s list of appropriate test UL 62368–1 ... Audio/Video, Information and preparation of this notice. Accordingly, standards. However, due a Communication Tech- the Agency is issuing this notice typographical error, OSHA listed an nology Equipment—Part 1: pursuant to 29 U.S.C. 657(g)(2), incorrect test standard as that proposed Safety Requirements. Secretary of Labor’s Order No. 1–2012 to be added. To allow notice to (77 FR 3912, Jan. 25, 2012), and 29 CFR stakeholders, OSHA will re-propose to OSHA’s recognition of any NRTL for 1910.7. add the correct test standard CSA a particular test standard is limited to requested to CSA’s scope of recognition equipment or materials for which OSHA Signed at Washington, DC, on May 4, 2018. and the list of appropriate test standards require third-party testing and Loren Sweatt, standards. OSHA now is proceeding certification before using them in the Deputy Assistant Secretary of Labor for with this final notice to grant expansion workplace. Consequently, if a test Occupational Safety and Health. of CSA’s scope of recognition for the six standard also covers any products for [FR Doc. 2018–10155 Filed 5–11–18; 8:45 am] other test standards. which OSHA does not require such BILLING CODE 4510–26–P

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22291

DEPARTMENT OF LABOR and is not a delegation or grant of Room N–3653, Washington, DC 20210. government authority. As a result of Docket No. OSHA–2006–0028 contains Occupational Safety and Health recognition, employers may use all materials in the record concerning Administration products properly approved by the MET’s recognition. NRTL to meet OSHA standards that [Docket No. OSHA–2006–0028] require testing and certification of the II. Final Decision and Order products. MET Laboratories, Inc.: Grant of OSHA staff examined MET’s The Agency processes applications by Expansion of Recognition and expansion application, its capability to a NRTL for initial recognition, or for Modification to the NRTL Program’s meet the requirements of the test List of Appropriate Test Standards expansion or renewal of this recognition, following requirements in standards, and other pertinent AGENCY: Occupational Safety and Health Appendix A to 29 CFR 1910.7. This information. Based on its review of this Administration (OSHA), Labor. appendix requires that the Agency evidence, OSHA finds that MET meets the requirements of 29 CFR 1910.7 for ACTION: Notice. publish two notices in the Federal Register in processing an application. In expansion of its recognition, subject to SUMMARY: In this notice, OSHA the first notice, OSHA announces the the limitation and conditions listed announces the final decision to expand application and provides its preliminary below. OSHA, therefore, is proceeding the scope of recognition for MET finding and, in the second notice, the with this final notice to grant MET’s Laboratories, Inc., as a Nationally Agency provides its final decision on scope of recognition. OSHA limits the Recognized Testing Laboratory (NRTL). the application. These notices set forth expansion of MET’s recognition to Additionally, OSHA announces its final the NRTL’s scope of recognition or testing and certification of products for decision to add two new test standards modifications of that scope. OSHA demonstration of conformance to the to the NRTL Program’s List of maintains an informational web page for test standards listed in Table 1. Appropriate Test Standards. each NRTL that details its scope of DATES: The expansion of the scope of recognition. These pages are available TABLE 1—LIST OF APPROPRIATE TEST recognition becomes effective on May from the Agency’s website at http:// STANDARDS FOR INCLUSION IN 14, 2018. www.osha.gov/dts/otpca/nrtl/ MET’S NRTL SCOPE OF RECOGNI- index.html. FOR FURTHER INFORMATION CONTACT: TION MET submitted an application, dated Information regarding this notice is November 8, 2016, (OSHA–2006–0028– Test standard Test standard title available from the following sources: 0041) to expand its recognition to Press inquiries: Contact Mr. Frank include four additional test standards. Meilinger, Director, OSHA Office of UL 60745–2– Hand-Held Motor-Operated OSHA staff performed a detailed 15. Electric Tools—Safety— Communications; telephone: (202) 693– analysis of the application packet and Part 2–15: Particular Re- 1999; email: [email protected]. reviewed other pertinent information. quirements for Hedge General and technical information: OSHA did not perform any on-site Trimmers. Contact Mr. Kevin Robinson, Director, reviews in relation to this application. UL 61010–2– Safety Requirements for Office of Technical Programs and OSHA published the preliminary 101 *. Electrical Equipment for Coordination Activities, Directorate of Measurement, Control and notice announcing MET’s expansion Laboratory Use—Part 2– Technical Support and Emergency application in the Federal Register on Management, Occupational Safety and 101: Particular Require- February 9, 2018 (83 FR 5318). The ments for In Vitro Diag- Health Administration; telephone: (202) Agency requested comments by nostic (IVD) Medical 693–2110; email: robinson.kevin@ February 26, 2018, but it received no Equipment. dol.gov. OSHA’s web page includes comments in response to this notice. In UL 61010–2– Safety Requirements for information about the NRTL Program the preliminary notice, OSHA included 51 *. Electrical Equipment for (see http://www.osha.gov/dts/otpca/ all four test standards that MET Measurement, Control and nrtl/index.html). requested to add to its scope of Laboratory Use—Part 2– 051: Particular Require- SUPPLEMENTARY INFORMATION: recognition. However, due to an ments for Laboratory inadvertent error, OSHA listed a I. Notice of Final Decision Equipment for Mixing and proposed test standard as already on the Stirring. OSHA hereby gives notice of the NRTL List of Appropriate Test expansion of the scope of recognition of Standards, which it was not. To allow * Indicates standards that OSHA is adding to the NRTL Program’s List of Appropriate Test MET Laboratories, Inc. (MET), as a notice to stakeholders, OSHA will later Standards. NRTL. MET’s expansion covers the re-propose to add the test standard MET addition of three test standards to its requested to MET’s scope of recognition In this notice, OSHA also announces scope of recognition, including two test and the NRTL List of Appropriate Test the addition of two new test standards standards that will be added to the Standards. OSHA now is proceeding to the NRTL Program’s List of NRTL Program’s List of Appropriate with this final notice to grant expansion Appropriate Test Standards. Table 2, Test Standards. of MET’s scope of recognition for the below, lists the test standards that are OSHA recognition of a NRTL signifies other three standards. new to the NRTL Program. OSHA has that the organization meets the To obtain or review copies of all determined that these test standards are requirements specified by 29 CFR public documents pertaining to MET’s appropriate test standards and will 1910.7. Recognition is an application, go to http:// include them in the NRTL Program’s acknowledgment that the organization www.regulations.gov or contact the List of Appropriate Test Standards. can perform independent safety testing Docket Office, Occupational Safety and and certification of the specific products Health Administration, U.S. Department covered within its scope of recognition of Labor, 200 Constitution Avenue NW,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22292 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

TABLE 2—TEST STANDARDS OSHA IS all previously published conditions on Avenue NW, Washington, DC 20210; ADDING TO THE NRTL PROGRAM’S MET’s scope of recognition, in all areas telephone: (202) 693–0406 (this is not a LIST OF APPROPRIATE TEST STAND- for which it has recognition. toll-free number). Copies of this notice Pursuant to the authority in 29 CFR ARDS may be obtained in alternative formats 1910.7, OSHA hereby expands the scope (Large Print, Braille, Audio Tape, or Test standard Test standard title of recognition of MET Inc., subject to Disc), upon request, by calling (202) the limitation and conditions specified 693–0023 (not a toll-free number). TTY/ UL 61010–2– Safety Requirements for above. TTD callers may dial toll-free (877) 889– 101. Electrical Equipment for III. Authority and Signature 5627 to obtain information or request Measurement, Control and materials in alternative formats. Laboratory Use—Part 2– Loren Sweatt, Deputy Assistant Correction: In the Federal Register of 101: Particular Require- Secretary of Labor for Occupational May 2, 2018, in FR Doc. 2018–09301, on ments for In Vitro Diag- Safety and Health, authorized the page 19301, in Section III, Current nostic (IVD) Medical preparation of this notice. Accordingly, Actions, correct the first sentence to Equipment. the Agency is issuing this notice UL 61010–2– Safety Requirements for read: 51. Electrical Equipment for pursuant to 29 U.S.C. 657(g)(2), III. Current Actions: The Department Measurement, Control and Secretary of Labor’s Order No. 1–2012 of Labor seeks an approval for the Laboratory Use—Part 2– (77 FR 3912, Jan. 25, 2012), and 29 CFR revision of this information collection in 051: Particular Require- 1910.7. order to ensure effective administration ments for Laboratory Signed at Washington, DC, on May 4, 2018. of the Wage and Hour programs. Equipment for Mixing and Stirring. Loren Sweatt, Dated: May 8, 2018. Deputy Assistant Secretary of Labor for Melissa Smith, OSHA’s recognition of any NRTL for Occupational Safety and Health. Director, Division of Regulations, Legislation a particular test standard is limited to [FR Doc. 2018–10154 Filed 5–11–18; 8:45 am] and Interpretation. equipment or materials for which OSHA BILLING CODE 4510–26–P [FR Doc. 2018–10220 Filed 5–11–18; 8:45 am] standards require third-party testing and BILLING CODE 4510–27–P certification before using them in the workplace. Consequently, if a test DEPARTMENT OF LABOR standard also covers any products for Wage and Hour Division NATIONAL CREDIT UNION which OSHA does not require such ADMINISTRATION testing and certification, a NRTL’s scope Agency Information Collection of recognition does not include these Activities; Comment Request; Agency Information Collection products. Proposed Revision; Information Activities: Proposed Collection; The American National Standards Collections: Employment Information Comment Request; Generic Clearance Institute (ANSI) may approve the test Form; Correction; Extension of for the Collection of Qualitative standards listed above as American comment period Feedback on Agency Service Delivery National Standards. However, for AGENCY: National Credit Union convenience, the use of the designation AGENCY: Wage and Hour Division, Administration (NCUA). of the standards-developing Department of Labor. organization for the standard as opposed ACTION: Notice; correction; extension of ACTION: Notice and request for comment. to the ANSI designation may occur. comment period. SUMMARY: The National Credit Union Under the NRTL Program’s policy (see SUMMARY: The Department of Labor Administration (NCUA), as part of a OSHA Instruction CPL 1–0.3, Appendix continuing effort to reduce paperwork C, paragraph XIV), any NRTL (DOL) published a document in the Federal Register of May 2, 2018, and respondent burden, invites the recognized for a particular test standard general public and other federal may use either the proprietary version concerning agency collection activities and request for comments on a proposed agencies to take this opportunity to of the test standard or the ANSI version comment on this extension of a of that standard. Contact ANSI to revision to Information Collections: Employment Information Form. This currently approved information determine whether a test standard is collection, as required by the Paperwork currently ANSI-approved. collection is under OMB control number 1235–0021. The document contained an Reduction Act of 1995. A. Conditions incorrect first sentence in Current DATES: Written comments should be received on or before July 13, 2018 to be In addition to those conditions Actions. This document corrects the assured consideration. already required by 29 CFR 1910.7, MET first sentence in the Current Actions must abide by the following conditions section and extends the comment period ADDRESSES: Send comments regarding of the recognition: for the notice. the burden estimate, or any other aspect 1. MET must inform OSHA as soon as DATES: Written comments must be of the information collection, including possible, in writing, of any change of submitted to the office listed in the suggestions for reducing the burden to ownership, facilities, or key personnel, ADDRESSES section of the prior notice Dawn Wolfgang, National Credit Union and of any major change in its published in the Federal Register on Administration, 1775 Duke Street Suite operations as a NRTL, and provide May 2, 2018 (83 FR 19300–19301), on or 5080, Alexandria, Virginia 22314; Fax details of the change(s); before July 13, 2018. No. 703–519–8579; or email at 2. MET must meet all the terms of its FOR FURTHER INFORMATION CONTACT: [email protected]. recognition and comply with all OSHA Robert Waterman, Compliance FOR FURTHER INFORMATION CONTACT: policies pertaining to this recognition; Specialist, Division of Regulations, Requests for additional information and Legislation, and Interpretation, Wage should be directed to the address above 3. MET must continue to meet the and Hour Division, U.S. Department of or telephone 703–548–2279. requirements for recognition, including Labor, Room S–3502, 200 Constitution SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22293

OMB Number: 3133–0188. NATIONAL SCIENCE FOUNDATION addressed to Suzanne Plimpton, Reports Type of Review: Extension without Clearance Officer, National Science Agency Information Collection change of a currently approved Foundation, 2415 Eisenhower Avenue, Activities, Comment Request: National collection. Room W18253, Alexandria, VA 22314, Science Foundation Proposal/Award or by email to [email protected]. The Title: Generic Clearance for the Information—National Science draft NSF Proposal and Award Policies Collection of Qualitative Feedback on Foundation Proposal and Award and Procedures Guide may be found at: Agency Service Delivery. Policies and Procedures Guide http://www.nsf.gov/bfa/dias/policy/. Abstract: This collection of AGENCY: National Science Foundation. FOR FURTHER INFORMATION CONTACT: information is necessary to enable the ACTION: Notice. Suzanne Plimpton at (703) 292–7556 or Agency to garner customer and send email to [email protected]. stakeholder feedback in an efficient, SUMMARY: The National Science Individuals who use a timely manner, in accordance with our Foundation (NSF) is announcing plans telecommunications device for the deaf commitment to improving service to request renewed clearance of this (TDD) may call the Federal Information delivery. The information collected collection. In accordance with the Relay Service (FIRS) at 1–800–877– from our customers and stakeholders requirements of the Paperwork 8339, which is accessible 24 hours a will help ensure that users have an Reduction Act of 1995, we are providing day, 7 days a week, 365 days a year effective, efficient, and satisfying opportunity for public comment on the (including federal holidays). experience with the Agency’s programs. draft NSF Proposal and Award Policies SUPPLEMENTARY INFORMATION: and Procedures Guide (PAPPG). The Title of Collection: ‘‘National Science Affected Public: Individuals or primary purpose of this revision is to Foundation Proposal/Award Households; Private Sector: Businesses update the PAPPG to incorporate a Information—NSF Proposal and Award or other for-profits and Not-for-profit number of policy-related changes, Policies and Procedures Guide.’’ institutions. including new coverage on sexual and OMB Approval Number: 3145–0058. Estimated Number of Annual other forms of harassment. The draft Expiration Date of Approval: October Responses: 56,000. NSF PAPPG is now available for your 31, 2020. review and consideration on the NSF Frequency of Response: Once per Type of Request: Intent to seek website at http://www.nsf.gov/bfa/dias/ request. approval to extend with revision an policy/. information collection for three years. Estimated Total Burden Hours: To facilitate review, revised text has Proposed Project: The National 42,000. been highlighted in yellow throughout Science Foundation Act of 1950 (Pub. L. Request for Comments: Comments the document to identify significant 81–507) sets forth NSF’s mission and submitted in response to this notice will changes. A brief comment explanation purpose: be summarized and included in the of the change also is provided. ‘‘To promote the progress of science; After obtaining and considering request for Office of Management and to advance the national health, public comment, NSF will prepare the Budget approval. All comments will prosperity, and welfare; to secure the submission requesting OMB clearance become a matter of public record. The national defense. . . .’’ of this collection for no longer than 3 public is invited to submit comments The Act authorized and directed NSF years. to initiate and support: concerning: (a) Whether the collection In addition to the type of comments • of information is necessary for the Basic scientific research and identified above, comments also are research fundamental to the engineering proper execution of the function of the invited on: (a) Whether the proposed process; agency, including whether the collection of information is necessary • Programs to strengthen scientific information will have practical utility; for the proper performance of the and engineering research potential; (b) the accuracy of the agency’s estimate functions of the Agency, including • Science and engineering education of the burden of the collection of whether the information shall have programs at all levels and in all the information, including the validity of practical utility; (b) the accuracy of the various fields of science and the methodology and assumptions used; Agency’s estimate of the burden of the engineering; (c) ways to enhance the quality, utility, proposed collection of information; (c) • Programs that provide a source of and clarity of the information to be ways to enhance the quality, utility, and information for policy formulation; and collected; and (d) ways to minimize the clarity of the information on • Other activities to promote these burden of the collection of the respondents, including through the use ends. information on the respondents, of automated collection techniques or NSF’s core purpose resonates clearly including the use of automated other forms of information technology; in everything it does: Promoting collection techniques or other forms of and (d) ways to minimize the burden of achievement and progress in science information technology. the collection of information on and engineering and enhancing the respondents, including through the use potential for research and education to By Gerard Poliquin, Secretary of the of automated collection techniques or Board, the National Credit Union contribute to the Nation. While NSF’s other forms of information technology. vision of the future and the mechanisms Administration, on May 9, 2018. DATES: Written comments should be it uses to carry out its charges have Dated: May 9, 2018. received by July 13, 2018 to be assured evolved significantly over the last six Dawn D. Wolfgang, of consideration. Comments received decades, its ultimate mission remains NCUA PRA Clearance Officer. after that date will be considered to the the same. extent practicable. [FR Doc. 2018–10223 Filed 5–11–18; 8:45 am] Use of the Information: The regular ADDRESSES: Written comments submission of proposals to the BILLING CODE 7535–01–P regarding the information collection and Foundation is part of the collection of requests for copies of the proposed information and is used to help NSF information collection request should be fulfill this responsibility by initiating

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22294 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

and supporting merit-selected research Week of June 4, 2018—Tentative NUCLEAR REGULATORY and education projects in all the COMMISSION scientific and engineering disciplines. Wednesday, June 6, 2018 [Docket Nos. 70–1151 and 70–0036; NRC– NSF receives more than 50,000 2:00 p.m. Briefing on Human Capital 2018–0095] proposals annually for new projects, and Equal Employment Opportunity and makes approximately 11,000 new (Public Meeting). (Contact: Sally Westinghouse Electric Company LLC; awards. Wilding: 301–287–0596). Consideration of Approval of Transfer Support is made primarily through of License grants and cooperative agreements Week of June 11, 2018—Tentative awarded to approximately 2,000 AGENCY: Nuclear Regulatory colleges, universities, academic There are no meetings scheduled for Commission. consortia, nonprofit institutions, and the week of June 11, 2018. ACTION: Application for indirect transfer of license; opportunity to comment, small businesses. The awards are Week of June 18, 2018—Tentative primarily based on merit review request a hearing, and petition for leave evaluations of proposals submitted to Tuesday, June, 19, 2018 to intervene. the Foundation. SUMMARY: The U.S. Nuclear Regulatory The Foundation has a continuing 9:00 a.m. Briefing on Results of the Agency Action Review Meeting (Public Commission (NRC) received and is commitment to monitor the operations considering approval of an application of its information collection to identify Meeting). (Contact: Joanna Bridge: 301– 415–4052). filed by Westinghouse Electric and address excessive reporting burdens Company, LLC (Westinghouse) on as well as to identify any real or * * * * * March 21, 2017. The application seeks apparent inequities based on gender, The schedule for Commission NRC approval of the indirect transfer of race, ethnicity, or disability of the meetings is subject to change on short material licenses SNM–1107; SNM–33; proposed principal investigator(s)/ notice. For more information or to verify and several export licenses for the project director(s) or the co-principal the status of meetings, contact Denise Westinghouse Electric Company, LLC investigator(s)/co-project director(s). McGovern at 301–415–0681 or via email from Toshiba Corporation, the current Burden on the Public: The Foundation at [email protected]. parent company of the license holder, to estimates that an average of 120 hours Brookfield WEC Holdings Inc., which is is expended for each proposal * * * * * ultimately owned and controlled by submitted. An estimated 50,000 The NRC Commission Meeting Brookfield Asset Management Inc. proposals are expected during the Schedule can be found on the internet DATES: Comments must be filed by June course of one year for a total of at: http://www.nrc.gov/public-involve/ 13, 2018. A request for a hearing on the 6,000,000 public burden hours public-meetings/schedule.html. materials license transfers must be filed annually. * * * * * by June 4, 2018 and a request for a Dated: May 9, 2018. hearing on the export license transfers The NRC provides reasonable Suzanne H. Plimpton, must be filed by June 13, 2018. Any accommodation to individuals with potential party as defined in § 2.4 of title Reports Clearance Officer, National Science disabilities where appropriate. If you Foundation. 10 of the Code of Federal Regulations need a reasonable accommodation to [FR Doc. 2018–10170 Filed 5–11–18; 8:45 am] (10 CFR), who believes access to SUNSI participate in these public meetings, or BILLING CODE 7555–01–P is necessary to respond to this notice need this meeting notice or the must follow the instructions in Section transcript or other information from the VI of the SUPPLEMENTARY INFORMATION public meetings in another format (e.g., section of this notice. NUCLEAR REGULATORY braille, large print), please notify ADDRESSES: You may submit comments COMMISSION Kimberly Meyer-Chambers, NRC by any of the following methods (unless Disability Program Manager, at 301– this document describes a different [NRC–2018–0001] 287–0739, by videophone at 240–428– method for submitting comments on a 3217, or by email at Kimberly.Meyer- specific subject): Sunshine Act Meeting Notice [email protected]. Determinations on • Federal Rulemaking Website: Go to requests for reasonable accommodation http://www.regulations.gov and search DATE: Weeks of May 14, 21, 28, June 4, will be made on a case-by-case basis. for Docket ID NRC–2018–0095. Address 11, 18, 2018. * * * * * questions about NRC dockets to Jennifer PLACE: Commissioners’ Conference Borges; telephone: 301–287–9127; Members of the public may request to Room, 11555 Rockville Pike, Rockville, email: [email protected]. For receive this information electronically. Maryland. technical questions contact the If you would like to be added to the STATUS: Public and closed. individual listed in the FOR FURTHER distribution, please contact the Nuclear INFORMATION CONTACT section of this Week of May 14, 2018 Regulatory Commission, Office of the document. There are no meetings scheduled for Secretary, Washington, DC 20555 (301– • Email comments to: the week of May 14, 2018. 415–1969), or you may email [email protected]. If you do not [email protected] or receive an automatic email reply Week of May 21, 2018—Tentative [email protected]. confirming receipt, then contact us at There are no meetings scheduled for Dated: May 9, 2018. 301–415–1677. the week of May 21, 2018. • Fax comments to: Secretary, Denise L. McGovern, Nuclear Regulatory Commission at 301– Week of May 28, 2018—Tentative Policy Coordinator, Office of the Secretary. 415–1101. There are no meetings scheduled for [FR Doc. 2018–10271 Filed 5–10–18; 11:15 am] • Mail comments to: Secretary, U.S. the week of May 28, 2018. BILLING CODE 7590–01–P Nuclear Regulatory Commission,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22295

Washington, DC 20555–1101, ATTN: comment submissions into ADAMS. license, or any right thereunder, shall be Rulemakings and Adjudications Staff. The NRC does not routinely edit transferred, directly or indirectly, • Hand deliver comments to: 11555 comment submissions to remove through transfer of control of the Rockville Pike, Rockville, Maryland identifying or contact information. license, unless the Commission, after 20852, between 7:30 a.m. and 4:15 p.m. If you are requesting or aggregating securing full information, finds that the (Eastern Time) Federal workdays; comments from other persons for transfer is in accordance with the telephone: 301–415–1677. submission to the NRC, then you should provisions of the Atomic Energy Act For additional direction on obtaining inform those persons not to include and gives its consent in writing. The information and submitting comments, identifying or contact information that Commission will approve an see ‘‘Obtaining Information and they do not want to be publicly application for the indirect transfer of a Submitting Comments’’ in the disclosed in their comment submission. license if the Commission determines SUPPLEMENTARY INFORMATION section of Your request should state that the NRC that the proposed transfer of controlling this document. does not routinely edit comment interest will not affect the qualifications FOR FURTHER INFORMATION CONTACT: Ms. submissions to remove such information of the licensee to hold the license, and Marilyn Diaz, Office of Nuclear Material before making the comment that the licensee has provided the Safety and Safeguards, telephone: 301– submissions available to the public or financial assurance for 415–7110, email: [email protected], entering the comment into ADAMS. decommissioning required by 10 CFR U.S. Nuclear Regulatory Commission, II. Introduction 70.25. 10 CFR 110.50(d) likewise Washington, DC 20555–0001. requires Commission approval for The NRC is considering approving the SUPPLEMENTARY INFORMATION: transfers of a specific export or import indirect transfer of control of license. I. Obtaining Information and Westinghouse from Toshiba Submitting Comments Corporation, the current parent III. Opportunity To Comment company of the license holder. The Within 30 days from the date of A. Obtaining Information application was submitted pursuant to publication of this notice, persons may Please refer to Docket ID NRC–2018– 10 CFR 70.36, 10 CFR 110.50, and 10 submit written comments regarding the 0095 when contacting the NRC about CFR 110.51. Westinghouse holds license transfer application, as provided the availability of information for this materials licenses SNM 1107; SNM–33; for in 10 CFR 2.1305 and 110.81. The action. You may obtain publicly- and export licenses XCOM1014, Commission will consider and, if available information related to this XCOM1047, XCOM1072, XCOM1082, appropriate, respond to these action by any of the following methods: XCOM1093, XCOM1094, XCOM1102, comments, but such comments will not • Federal Rulemaking Website: Go to XCOM1111, XCOM1113, XCOM1116, otherwise constitute part of the http://www.regulations.gov and search XCOM1170, XCOM1188, XCOM1219, decisional record. Comments should be for Docket ID NRC–2018–0095. XCOM1246, XCOM1249, XCOM1252, submitted as described in the • NRC’s Agencywide Documents XCOM1255, XCOM1262, XCOM1298, ADDRESSES section of this document. Access and Management System XSNM3006, XSNM3034, XSNM3163, IV. Opportunity To Request a Hearing (ADAMS): You may obtain publicly- XSNM3264, XSNM3461, XSNM3702, and Petition for Leave To Intervene available documents online in the XSNM3769, XR169, XR176, and XR178. ADAMS Public Documents collection at According to the application for Within 20 days after the date of http://www.nrc.gov/reading-rm/ approval filed by Westinghouse, the publication of this notice, any persons adams.html. To begin the search, select transaction will result in a transfer of (petitioner) whose interest may be ‘‘ADAMS Public Documents’’ and then controlling interest in Westinghouse affected by this action may file a request select ‘‘Begin Web-based ADAMS from its current parent company for a hearing and petition for leave to Search.’’ For problems with ADAMS, Toshiba Corporation, to Brookfield WEC intervene (petition) with respect to the please contact the NRC’s Public Holdings Inc., a Delaware limited action. Petitions shall be filed in Document Room (PDR) reference staff at liability company, which is ultimately accordance with the Commission’s 1–800–397–4209, 301–415–4737, or by owned and controlled by Brookfield ‘‘Agency Rules of Practice and email to [email protected]. The Asset Management Inc., a Canadian Procedure’’ in 10 CFR part 2, as well as Westinghouse Application for Consent company. Westinghouse will continue the public participation procedures in to Indirect Change of Control with to operate the facility and hold the 10 CFR part 110. Interested persons Respect to Material Licenses and Export licenses. should consult a current copy of 10 CFR Licenses is available in ADAMS under No changes to the licensed facilities, 2.309 and 110.82. The NRC’s regulations Accession No. ML18086B504. equipment or operational changes are are accessible electronically from the • NRC’s PDR: You may examine and being proposed in the application. NRC Library on the NRC’s website at purchase copies of public documents at Section 184 of the Atomic Energy Act http://www.nrc.gov/reading-rm/doc- the NRC’s PDR, Room O1–F21, One provides ‘‘[n]o license granted collections/cfr/. Alternatively, a copy of White Flint North, 11555 Rockville hereunder and no right to utilize or the regulations is available at the NRC’s Pike, Rockville, Maryland 20852. produce special nuclear material Public Document Room, located at One granted hereby shall be transferred, White Flint North, Room O1–F21, 11555 B. Submitting Comments assigned or in any manner disposed of, Rockville Pike (first floor), Rockville, Please include Docket ID NRC–2018– either voluntarily or involuntarily, Maryland 20852. If a petition is filed, 0095 in your comment submission. directly or indirectly, through transfer of the Commission or a presiding officer The NRC cautions you not to include control of any license to any person, will rule on the petition and, if identifying or contact information that unless the Commission shall, after appropriate, a notice of a hearing will be you do not want to be publicly securing full information, find that the issued. disclosed in your comment submission. transfer is in accordance with the With respect to the materials licenses, The NRC will post all comment provisions of this Act, and shall give its as required by 10 CFR 2.309(d), the submissions at http:// consent in writing.’’ The NRC’s petition should specifically explain the www.regulations.gov as well as enter the regulations at 10 CFR 70.36 state that no reasons why intervention should be

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22296 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

permitted with particular reference to A State, local governmental body, Filing process requires participants to the following general requirements for Federally-recognized Indian Tribe, or submit and serve all adjudicatory standing: (1) The name, address, and agency thereof, may submit a petition to documents over the internet, or in some telephone number of the petitioner; (2) the Commission to participate as a party cases to mail copies on electronic the nature of the petitioner’s right under under 10 CFR 2.309(h)(1). The petition storage media. Detailed guidance on the Act to be made a party to the should state the nature and extent of the making electronic submissions may be proceeding; (3) the nature and extent of petitioner’s interest in the proceeding. found in the Guidance for Electronic the petitioner’s property, financial, or The petition should be submitted to the Submissions to the NRC and on the NRC other interest in the proceeding; and (4) Commission no later than 20 days from website at http://www.nrc.gov/site-help/ the possible effect of any decision or the date of publication of this notice. e-submittals.html. Participants may not order which may be entered in the The petition must be filed in accordance submit paper copies of their filings proceeding on the petitioner’s interest. with the filing instructions in the unless they seek an exemption in In accordance with 10 CFR 2.309(f), ‘‘Electronic Submissions (E-Filing)’’ accordance with the procedures the petition must also set forth the section of this document, and should described below. specific contentions which the meet the requirements for petitions set To comply with the procedural petitioner seeks to have litigated in the forth in this section. Alternatively, a requirements of E-Filing, at least 10 proceeding. Each contention must State, local governmental body, days prior to the filing deadline, the consist of a specific statement of the Federally-recognized Indian Tribe, or participant should contact the Office of issue of law or fact to be raised or agency thereof may participate as a non- the Secretary by email at controverted. In addition, the petitioner party under 10 CFR 2.315(c). [email protected], or by telephone must provide a brief explanation of the If a hearing is granted, any person at 301–415–1677, to (1) request a digital bases for the contention and a concise who is not a party to the proceeding and identification (ID) certificate, which statement of the alleged facts or expert is not affiliated with or represented by allows the participant (or its counsel or opinion which support the contention a party may, at the discretion of the representative) to digitally sign and on which the petitioner intends to presiding officer, be permitted to make submissions and access the E-Filing rely in proving the contention at the a limited appearance pursuant to the system for any proceeding in which it hearing. The petitioner must also provisions of 10 CFR 2.315(a). A person is participating; and (2) advise the provide references to the specific making a limited appearance may make Secretary that the participant will be sources and documents on which the an oral or written statement of his or her submitting a petition or other petitioner intends to rely to support its position on the issues but may not adjudicatory document (even in position on the issue. The petition must otherwise participate in the proceeding. instances in which the participant, or its A limited appearance may be made at counsel or representative, already holds include sufficient information to show any session of the hearing or at any an NRC-issued digital ID certificate). that a genuine dispute exists with the prehearing conference, subject to the Based upon this information, the applicant or licensee on a material issue limits and conditions as may be Secretary will establish an electronic of law or fact. Contentions must be imposed by the presiding officer. Details docket for the hearing in this proceeding limited to matters within the scope of regarding the opportunity to make a if the Secretary has not already the proceeding. The contention must be limited appearance will be provided by established an electronic docket. one which, if proven, would entitle the the presiding officer if such sessions are Information about applying for a petitioner to relief. A petitioner who scheduled. digital ID certificate is available on the fails to satisfy the requirements at 10 With respect to the export licenses, NRC’s public website at http:// CFR 2.309(f) with respect to at least one hearing requests and petitions to www.nrc.gov/site-help/e-submittals/ contention will not be permitted to intervene should be filed in accordance getting-started.html. Once a participant participate as a party. with 10 CFR 110.82, which requires has obtained a digital ID certificate and Those permitted to intervene become petitioners to explain why a hearing or a docket has been created, the parties to the proceeding, subject to any an intervention would be in the public participant can then submit limitations in the order granting leave to interest and how a hearing or adjudicatory documents. Submissions intervene. Parties have the opportunity intervention would assist the must be in Portable Document Format to participate fully in the conduct of the Commission in making the (PDF). Additional guidance on PDF hearing with respect to resolution of determinations required by § 110.45. submissions is available on the NRC’s that party’s admitted contentions, Such petitions must be filed no later public website at http://www.nrc.gov/ including the opportunity to present than 30 days from the date of site-help/electronic-sub-ref-mat.html. A evidence, consistent with the NRC’s publication of this notice. filing is considered complete at the time regulations, policies, and procedures. the document is submitted through the Petitions filed under 10 CFR 2.309 V. Electronic Submissions (E-Filing) NRC’s E Filing system. To be timely, an must be filed no later than 20 days from All documents filed in NRC electronic filing must be submitted to the date of publication of this notice. adjudicatory proceedings, including a the E-Filing system no later than 11:59 Petitions and motions for leave to file request for hearing and petition for p.m. Eastern Time on the due date. new or amended contentions that are leave to intervene (petition), any motion Upon receipt of a transmission, the E filed after the deadline will not be or other document filed in the Filing system time-stamps the document entertained absent a determination by proceeding prior to the submission of a and sends the submitter an email notice the presiding officer that the filing request for hearing or petition to confirming receipt of the document. The demonstrates good cause by satisfying intervene, and documents filed by E-Filing system also distributes an email the three factors in 10 CFR 2.309(c)(1)(i) interested governmental entities that notice that provides access to the through (iii). The petition must be filed request to participate under 10 CFR document to the NRC’s Office of the in accordance with the filing 2.315(c), must be filed in accordance General Counsel and any others who instructions in the ‘‘Electronic with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary Submissions (E-Filing)’’ section of this 49139; August 28, 2007, as amended at that they wish to participate in the document. 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22297

serve the document on those will be automatically directed to the NUCLEAR REGULATORY participants separately. Therefore, NRC’s electronic hearing dockets where COMMISSION applicants and other participants (or you will be able to access any publicly [NRC–2018–0092] their counsel or representative) must available documents in a particular apply for and receive a digital ID hearing docket. Standard Format and Content of certificate before adjudicatory Participants are requested not to Physical Security Plans, Training and documents are filed so that they can include personal privacy information, Qualifications Plans and Safeguards obtain access to the documents via the such as social security numbers, home Contingency Plans for Nuclear Power E-Filing system. Plants A person filing electronically using addresses, or personal phone numbers the NRC’s adjudicatory E-Filing system in their filings, unless an NRC AGENCY: Nuclear Regulatory may seek assistance by contacting the regulation or other law requires Commission. NRC’s Electronic Filing Help Desk submission of such information. For ACTION: Draft regulatory guide; request through the ‘‘Contact Us’’ link located example, in some instances, individuals for comment. on the NRC’s public website at http:// provide home addresses in order to www.nrc.gov/site-help/e- demonstrate proximity to a facility or SUMMARY: The U.S. Nuclear Regulatory submittals.html, by email to site. With respect to copyrighted works, Commission (NRC) is issuing for public [email protected], or by a toll- except for limited excerpts that serve comment a Draft Regulatory Guide (DG), free call at 1–866–672–7640. The NRC the purpose of the adjudicatory filings entitled DG–5048, ‘‘Standard Format Electronic Filing Help Desk is available and would constitute a Fair Use and Content of Physical Security Plans, between 9 a.m. and 6 p.m., Eastern application, participants are requested Training and Qualifications Plans and Time, Monday through Friday, not to include copyrighted materials in Safeguards Contingency Plans for excluding government holidays. their submission. Nuclear Power Plants.’’ This draft revision of Regulatory Guide (RG) 5.54 Participants who believe that they The Commission will issue a notice or have a good cause for not submitting (Revision 2) renames the guide and order granting or denying a hearing documents electronically must file an consolidates, enhances, and clarifies request or intervention petition, exemption request, in accordance with previous staff guidance for the designating the issues for any hearing 10 CFR 2.302(g), with their initial paper development of licensee site-specific filing stating why there is good cause for that will be held and designating the physical security plans found in not filing electronically and requesting Presiding Officer. A notice granting a NUREG–0908, ‘‘Acceptance Criteria for authorization to continue to submit hearing will be published in the Federal the Evaluation of Nuclear Power Reactor documents in paper format. Such filings Register and served on the parties to the Security Plans,’’ training and must be submitted by: (1) First class hearing. qualification plans, and safeguards mail addressed to the Office of the For further details with respect to this contingency plans. This revision to RG Secretary of the Commission, U.S. application, see the application dated 5.54 includes editorial changes and Nuclear Regulatory Commission, March 21, 2018 (ADAMS Accession No. clarifications provided by the staff in Washington, DC 20555–0001, Attention: ML18086B504). Security Frequently Asked Questions Rulemaking and Adjudications Staff; or after the issuance of Revision 1. (2) courier, express mail, or expedited VI. Access to Sensitive Unclassified DATES: Submit comments by July 13, delivery service to the Office of the Non-Safeguards Information for 2018. Comments received after this date Secretary, 11555 Rockville Pike, Contention Preparation will be considered if it is practical to do Rockville, Maryland 20852, Attention: so, but the NRC is able to ensure Any person who desires access to Rulemaking and Adjudications Staff. consideration only for comments proprietary, confidential commercial Participants filing adjudicatory received on or before this date. documents in this manner are information that has been redacted from Although a time limit is given, responsible for serving the document on the application should contact the comments and suggestions in all other participants. Filing is applicant by telephoning Ray P. Kuyler, connection with items for inclusion in considered complete by first-class mail Assistant General Counsel, guides currently being developed or as of the time of deposit in the mail, or Westinghouse Electric Company at 301– improvements in all published guides by courier, express mail, or expedited 230–4884 for the purpose of negotiating are encouraged at any time. delivery service upon depositing the a confidentiality agreement or a ADDRESSES: You may submit comments document with the provider of the proposed protective order with the by any of the following methods: service. A presiding officer, having applicant. If no agreement can be • Federal Rulemaking Website: Go to granted an exemption request from reached, persons who desire access to http://www.regulations.gov and search using E-Filing, may require a participant this information may file a motion with for Docket ID NRC–2018–0092. Address or party to use E-Filing if the presiding the Secretary and addressed to the questions about NRC dockets to Jennifer officer subsequently determines that the Commission that requests the issuance Borges; telephone: 301–287–9127; reason for granting the exemption from of a protective order. email: [email protected]. For use of E-Filing no longer exists. Dated at Rockville, Maryland, this 9th day technical questions, contact the Documents submitted in adjudicatory of May, 2018. individuals listed in the FOR FURTHER proceedings will appear in the NRC’s INFORMATION CONTACT section of this For the Nuclear Regulatory Commission. electronic hearing docket which is document. available to the public at https:// Craig G. Erlanger, • Mail comments to: May Ma, Office adams.nrc.gov/ehd, unless excluded Director, Division of Fuel Cycle Safety, of Administration, Mail Stop: TWFN–7– pursuant to an order of the Commission Safeguards, and Environmental Review, A60M, U.S. Nuclear Regulatory or the presiding officer. If you do not Office of Nuclear Material Safety and Commission, Washington, DC 20555– have an NRC-issued digital ID certificate Safeguards. 0001. as described above, click cancel when [FR Doc. 2018–10177 Filed 5–11–18; 8:45 am] For additional direction on obtaining the link requests certificates and you BILLING CODE 7590–01–P information and submitting comments,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22298 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

see ‘‘Obtaining Information and inform those persons not to include standard format and content for licensee Submitting Comments’’ in the identifying or contact information that physical security, training and SUPPLEMENTARY INFORMATION section of they do not want to be publicly qualification, and safeguards this document. disclosed in their comment submission. contingency plans and provides general FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC guidance for the identification, Dennis Gordon, Office of Nuclear does not routinely edit comment description, and level of detail that Security and Incident Response, submissions to remove such information licensees should provide, including site- telephone: 301–287–3633, email: before making the comment specific conditions, in a comprehensive [email protected] and Mekonen submissions available to the public or security plan. Issuance of this DG, if Bayssie, Office of Nuclear Regulatory entering the comment into ADAMS. finalized, would not constitute Research, telephone: 301–415–1699, II. Additional Information backfitting as defined in 10 CFR 50.109 email: [email protected]. Both (the Backfit Rule) and would not are staff of the U.S. Nuclear Regulatory The NRC is issuing for public comment a DG in the NRC’s ‘‘Regulatory otherwise be inconsistent with the issue Commission, Washington, DC 20555– finality provisions in 10 CFR part 52. As 0001. Guide’’ series. This series was developed to describe and make discussed in the ‘‘Implementation’’ SUPPLEMENTARY INFORMATION: available to the public information section of this DG, the NRC has no I. Obtaining Information and regarding methods that are acceptable to current intention to impose this guide, Submitting Comments the NRC staff for implementing specific if finalized, on holders of current parts of the NRC’s regulations, operating licenses or combined licenses. A. Obtaining Information techniques that the staff uses in This DG, if finalized, may be applied evaluating specific issues or postulated Please refer to Docket ID NRC–2018– to applications for operating licenses events, and data that the staff needs in 0092 when contacting the NRC about and combined licenses docketed by the the availability of information for this its review of applications for permits and licenses. NRC as of the date of issuance of the action. You may obtain publicly- final regulatory guide, as well as future available information related to this The draft regulatory guide, entitled, applications submitted after the action by any of the following methods: ‘‘Standard Format and Content of • Federal Rulemaking Website: Go to Physical Security Plans, Training and issuance of the regulatory guide. Such http://www.regulations.gov and search Qualifications Plans and Safeguards action would not constitute backfitting for Docket ID NRC–2018–0092. Contingency Plans for Nuclear Power as defined in the Backfit Rule or be • NRC’s Agencywide Documents Plants,’’ is temporarily identified by its otherwise inconsistent with the Access and Management System task number, DG–5048. DG–5048 is applicable issue finality provisions in (ADAMS): You may obtain publicly- proposed Revision 2 of RG 5.54, 10 CFR part 52, inasmuch as such available documents online in the ‘‘Standard Format and Content of applicants or potential applicants are ADAMS Public Documents collection at Physical Security Plans, Training and not within the scope of entities http://www.nrc.gov/reading-rm/ Qualifications Plans and Safeguards protected by the Backfit Rule or the adams.html. To begin the search, select Contingency Plans for Nuclear Power relevant issue finality provisions in part ‘‘ADAMS Public Documents’’ and then Plants’’ (ADAMS Accession No. 52. select ‘‘Begin Web-based ADAMS ML17124A490). This revision of the guide (Revision 2) retitles the guide and Neither section 50.109 nor the issue Search.’’ For problems with ADAMS, finality provisions under 10 CFR part 52 please contact the NRC’s Public consolidates, enhances, and clarifies were intended to apply to NRC actions Document Room (PDR) reference staff at previous staff guidance for the that change the expectations of current 1–800–397–4209, 301–415–4737, or by development of licensee site-specific email to [email protected]. DG–5048 physical security plans found in and future applicants. However, the is available in ADAMS under Accession NUREG–0908, ‘‘Acceptance Criteria for issue finality provisions of part 52 may No. ML17124A490. the Evaluation of Nuclear Power Reactor apply when an applicant references a • NRC’s PDR: You may examine and Security Plans’’ (ADAMS Accession No. part 52 license or other NRC regulatory purchase copies of public documents at ML18128A239), training and approval. Nevertheless, the scope of the NRC’s PDR, Room O1–F21, One qualification plans, and safeguards issue finality provided extends only to White Flint North, 11555 Rockville contingency plans. This revision to the the matters resolved in the license or Pike, Rockville, Maryland 20852. regulatory guide includes clarifications regulatory approval. Early site permits, provided by the staff in the Security design certification rules, and standard B. Submitting Comments Frequently Asked Questions after design approvals typically do not Please include Docket ID NRC–2018– Revision 1 was published, and contains address or resolve compliance with 0092 in your comment submission. a wide variety of editorial changes to the operational programs such as the The NRC cautions you not to include overall Revision 1 content. In addition, security requirements in 10 CFR part 73. identifying or contact information that this revision of the guide provides Therefore, applicants referencing an you do not want to be publicly licensees with guidance for developing early site permit, design certification disclosed in your comment submission. security plans and safeguards rule, or standard design approval may The NRC will post all comment contingency plans for title 10 of the be asked to follow the guidance in this submissions at http:// Code of Federal Regulations (10 CFR), draft regulatory guide, if finalized, or to www.regulations.gov as well as enter the part 72 licensees for independent spent provide an equivalent alternative comment submissions into ADAMS. fuel storage facilities. The NRC does not routinely edit process that demonstrates compliance comment submissions to remove I. Backfitting and Issue Finality with the underlying NRC regulatory identifying or contact information. DG–5048 describes a method that the requirements. If you are requesting or aggregating staff of the NRC considers acceptable for Dated at Rockville, Maryland, this 8th day comments from other persons for use by nuclear power plant licensees in of May, 2018. submission to the NRC, then you should meeting the requirements for the

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22299

For the Nuclear Regulatory Commission. (Public Representative). Section II also DATES: Date of required notice: May 14, Thomas H. Boyce, establishes comment deadline(s) 2018. Chief, Regulatory Guidance and Generic pertaining to each request. FOR FURTHER INFORMATION CONTACT: Issues Branch, Division of Engineering, Office The public portions of the Postal Elizabeth Reed, 202–268–3179. of Nuclear Regulatory Research. Service’s request(s) can be accessed via SUPPLEMENTARY INFORMATION: The [FR Doc. 2018–10156 Filed 5–11–18; 8:45 am] the Commission’s website (http:// United States Postal Service® hereby BILLING CODE 7590–01–P www.prc.gov). Non-public portions of gives notice that, pursuant to 39 U.S.C. the Postal Service’s request(s), if any, 3642 and 3632(b)(3), on May 9, 2018, it can be accessed through compliance filed with the Postal Regulatory POSTAL REGULATORY COMMISSION with the requirements of 39 CFR Commission a USPS Request to Add 3007.40. [Docket No. CP2018–213] Priority Mail Express, Priority Mail, & The Commission invites comments on First-Class Package Service Contract 35 New Postal Product whether the Postal Service’s request(s) to Competitive Product List. Documents in the captioned docket(s) are consistent are available at www.prc.gov, Docket AGENCY: Postal Regulatory Commission. with the policies of title 39. For Nos. MC2018–148, CP2018–214. ACTION: Notice. request(s) that the Postal Service states concern market dominant product(s), Elizabeth Reed, SUMMARY: The Commission is noticing a applicable statutory and regulatory Attorney, Corporate and Postal Business Law. recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 [FR Doc. 2018–10192 Filed 5–11–18; 8:45 am] Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3010, and 39 BILLING CODE 7710–12–P negotiated service agreements. This CFR part 3020, subpart B. For request(s) notice informs the public of the filing, that the Postal Service states concern invites public comment, and takes other competitive product(s), applicable POSTAL SERVICE administrative steps. statutory and regulatory requirements Product Change—Priority Mail DATES: Comments are due: May 16, include 39 U.S.C. 3632, 39 U.S.C. 3633, 2018. 39 U.S.C. 3642, 39 CFR part 3015, and Negotiated Service Agreement 39 CFR part 3020, subpart B. Comment TM ADDRESSES: Submit comments AGENCY: Postal Service . deadline(s) for each request appear in electronically via the Commission’s ACTION: Notice. section II. Filing Online system at http:// www.prc.gov. Those who cannot submit II. Docketed Proceeding(s) SUMMARY: The Postal Service gives comments electronically should contact notice of filing a request with the Postal 1. Docket No(s).: CP2018–213; Filing Regulatory Commission to add a the person identified in the FOR FURTHER Title: Notice of United States Postal INFORMATION CONTACT section by domestic shipping services contract to Service of Filing a Functionally the list of Negotiated Service telephone for advice on filing Equivalent Global Expedited Package alternatives. Agreements in the Mail Classification Services 7 Negotiated Service Schedule’s Competitive Products List. FOR FURTHER INFORMATION CONTACT: Agreement and Application for Non- DATES: Date of required notice: May 14, David A. Trissell, General Counsel, at Public Treatment of Materials Filed 2018. 202–789–6820. Under Seal; Filing Acceptance Date: FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: May 8, 2018; Filing Authority: 39 CFR 3015.5; Public Representative: Elizabeth Reed, 202–268–3179. Table of Contents SUPPLEMENTARY INFORMATION: The Christopher C. Mohr; Comments Due: ® May 16, 2018. United States Postal Service hereby I. Introduction gives notice that, pursuant to 39 U.S.C. II. Docketed Proceeding(s) This Notice will be published in the Federal Register. 3642 and 3632(b)(3), on May 9, 2018, it I. Introduction filed with the Postal Regulatory Stacy L. Ruble, Commission a USPS Request to Add The Commission gives notice that the Secretary. Priority Mail Contract 433 to Postal Service filed request(s) for the [FR Doc. 2018–10190 Filed 5–11–18; 8:45 am] Competitive Product List. Documents Commission to consider matters related BILLING CODE 7710–FW–P are available at www.prc.gov, Docket to negotiated service agreement(s). The Nos. MC2018–149, CP2018–215. request(s) may propose the addition or removal of a negotiated service Elizabeth Reed, agreement from the market dominant or POSTAL SERVICE Attorney, Corporate and Postal Business Law. the competitive product list, or the Product Change—Priority Mail [FR Doc. 2018–10193 Filed 5–11–18; 8:45 am] modification of an existing product Express, Priority Mail, & First-Class BILLING CODE 7710–12–P currently appearing on the market Package Service Negotiated Service dominant or the competitive product Agreement list. SECURITIES AND EXCHANGE Section II identifies the docket AGENCY: Postal ServiceTM. COMMISSION number(s) associated with each Postal ACTION: Notice. Service request, the title of each Postal [SEC File No. 270–645, OMB Control No. 3235–0693] Service request, the request’s acceptance SUMMARY: The Postal Service gives date, and the authority cited by the notice of filing a request with the Postal Submission for OMB Review; Postal Service for each request. For each Regulatory Commission to add a Comment Request request, the Commission appoints an domestic shipping services contract to officer of the Commission to represent the list of Negotiated Service Upon Written Request, Copies Available the interests of the general public in the Agreements in the Mail Classification From: Securities and Exchange proceeding, pursuant to 39 U.S.C. 505 Schedule’s Competitive Products List. Commission, Office of FOIA Services,

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22300 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

100 F Street NE, Washington, DC Washington, DC 20549 or send an email places specified in Item IV below. The 20549–2736 to: [email protected]. Comments Exchange has prepared summaries, set Extension: must be submitted to OMB within 30 forth in sections A, B, and C below, of Rule 17g–8 & 17g–9 days of this notice. the most significant aspects of such statements. Notice is hereby given that pursuant Dated: May 8, 2018. to the Paperwork Reduction Act of 1995 Eduardo A. Aleman, A. Self-Regulatory Organization’s (44 U.S.C. 3501 et seq.), the Securities Assistant Secretary. Statement of the Purpose of, and and Exchange Commission [FR Doc. 2018–10145 Filed 5–11–18; 8:45 am] Statutory Basis for, the Proposed Rule (‘‘Commission’’) has submitted to the BILLING CODE 8011–01–P Change Office of Management and Budget 1. Purpose (‘‘OMB’’) a request for approval of extension of the previously approved SECURITIES AND EXCHANGE The purpose of the proposed rule collection of information provided for in COMMISSION change is to establish a monthly Trading 3 Rule 17g–8 and 17g–9 under the Permit Fee assessable to Members that [Release No. 34–83188; File No. SR– solely clear transactions on the Securities Exchange Act of 1934 (15 PEARL–2018–12] U.S.C. 78a et seq.).1 Exchange. For clarity, the Exchange also Rule 17g–8 contains certain Self-Regulatory Organizations; MIAX proposes to adopt a related definition of requirements for Nationally Recognized PEARL, LLC; Notice of Filing and ‘‘EEM Clearing Firm’’ (the type of Statistical Rating Organizations Immediate Effectiveness of a Proposed Member to which this monthly Trading (‘‘NRSROs’’) to have policies and Rule Change To Amend Its Fee Permit Fee shall apply) in the procedures with respect to the Schedule ‘‘Definitions’’ section of the Fee procedures and methodologies the Schedule. The Exchange notes that it NRSRO uses to determine credit ratings, May 8, 2018. recently adopted certain monthly with respect to the symbols, numbers, or Pursuant to the provisions of Section Trading Permit Fees applicable to its scores it uses to denote credit ratings, to 19(b)(1) of the Securities Exchange Act Members (other than Members that 1 address instances in which a look-back of 1934 (‘‘Act’’), and Rule 19b–4 solely clear transactions on the 2 4 review determines that a conflict of thereunder, notice is hereby given that Exchange). on April 27, 2018, MIAX PEARL, LLC interest influenced a credit rating, and Definitions to consider certain prescribed factors for (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed with the Securities and Exchange The Exchange proposes to amend the an effective internal structure. Rule 17g– ‘‘Definitions’’ section of the Fee 9 contains requirements for NRSROs to Commission (‘‘Commission’’) a proposed rule change as described in Schedule to add the new definition of ensure that any person employed by an ‘‘EEM Clearing Firm.’’ The term ‘‘EEM NRSRO to determine credit ratings Items I, II, and III below, which Items have been prepared by the Exchange. Clearing Firm’’ shall mean an EEM 5 that meets standards necessary to produce The Commission is publishing this solely clears transactions on the accurate ratings. Currently, there are 10 notice to solicit comments on the Exchange and does not connect to the credit rating agencies registered as proposed rule change from interested Exchange via either the FIX Interface 6 NRSROs with the Commission. The persons. or MEO Interface.7 Commission estimates that the total burden for respondents to comply with I. Self-Regulatory Organization’s Monthly EEM Clearing Firm Trading Rule 17g–8 is 1,450 hours and to Statement of the Terms of Substance of Permit Fees comply with Rule 17g–9 is 25,004 the Proposed Rule Change The Exchange recently adopted fees hours. The Exchange is filing a proposal to applicable to Trading Permits which are The Commission may not conduct or amend the MIAX PEARL Fee Schedule issued to Members who are either EEMs sponsor a collection of information (the ‘‘Fee Schedule’’) to establish a or Market Makers.8 The Exchange unless it displays a currently valid OMB monthly Trading Permit Fee assessable control number. No person shall be to Members that solely clear 3 ‘‘Member’’ means an individual or organization subject to any penalty for failing to transactions on the Exchange. that is registered with the Exchange pursuant to comply with a collection of information Chapter II of the Exchange Rules for purposes of The text of the proposed rule change trading on the Exchange as an ‘‘Electronic Exchange subject to the PRA that does not display is available on the Exchange’s website at Member’’ or ‘‘Market Maker.’’ Members are deemed a valid Office of Management and http://www.miaxoptions.com/rule- ‘‘members’’ under the Exchange Act. See Exchange Budget (OMB) control number. filings/pearl at MIAX PEARL’s principal Rule 100. Background documentation for this 4 See Securities Exchange Act Release No. 82867 office, and at the Commission’s Public (March 13, 2018), 83 FR 12044 (March 19, 2018) information collection may be viewed at Reference Room. (SR–PEARL–2018–07). the following website: www.reginfo.gov. 5 ‘‘EEM’’ or ‘‘Electronic Exchange Member’’ Comments should be directed to: (i) II. Self-Regulatory Organization’s means the holder of a Trading Permit who is a Desk Officer for the Securities and Statement of the Purpose of, and Member representing as agent Public Customer Statutory Basis for, the Proposed Rule Orders or Non-Customer Orders on the Exchange Exchange Commission, Office of and those non-Market Maker Members conducting Information and Regulatory Affairs, Change proprietary trading. Electronic Exchange Members Office of Management and Budget, In its filing with the Commission, the are deemed ‘‘members’’ under the Exchange Act. Room 10102, New Executive Office Exchange included statements See Exchange Rule 100. 6 Building, Washington, DC 20503, or by concerning the purpose of and basis for ‘‘FIX Interface’’ means the Financial Information _ Exchange interface for certain order types as set sending an email to: Shagufta Ahmed@ the proposed rule change and discussed forth in Exchange Rule 516. See Exchange Rule 100. omb.eop.gov; and (ii) Pamela Dyson, any comments it received on the See the Definitions Section of the Fee Schedule. Director/Chief Information Officer, proposed rule change. The text of these 7 ‘‘MEO Interface’’ means a binary order interface Securities and Exchange Commission, c/ for certain order types as set forth in Rule 516 into statements may be examined at the the MIAX PEARL System. See Exchange Rule 100. o Remi Pavlik-Simon, 100 F St. NE, See the Definitions Section of the Fee Schedule. 1 15 U.S.C. 78s(b)(1). 8 ‘‘Market Maker’’ means a Member registered 1 See 17 CFR 240.17g–1 and 17 CFR 249b.300. 2 17 CFR 240.19b–4. with the Exchange for the purpose of making

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22301

charges its Members Trading Permit fees Non-Transaction Fees Volume-Based members who are clearing firms 13 that which are based upon the monthly total Tiers, or volume up to 0.30%, $250, (ii) are performing the same activity. volume executed by the Member and its if its volume falls within the parameters The proposed rule changes will Affiliates 9 on the Exchange across all of Tier 2 of the Non-Transaction Fees become operative May 1, 2018. origin types, not including Excluded Volume-Based Tiers, or volume above 2. Statutory Basis Contracts,10 as compared to the TCV 11 0.30% up to 0.60%, $350, and (iii) if its in all MIAX PEARL-listed options. The volume falls with the parameters of Tier The Exchange believes that its Exchange adopted a tier-based fee 3 of the Non-Transaction Fees Volume- proposal to amend its Fee Schedule is 14 structure that is volume-based. Based Tiers, or volume above 0.60%, consistent with Section 6(b) of the Act The Exchange also charges such $450. in general, and furthers the objectives of 15 Trading Permit Fees based upon the Each Member who uses the MEO Section 6(b)(4) of the Act in type of interface used by the Member to Interface to connect to the System is particular, in that it is an equitable connect to the Exchange—either the FIX assessed the following Trading Permit allocation of reasonable dues, fees and Interface and/or the MEO Interface. Any Fees each month: (i) If its volume falls other charges among its members and Member (whether EEM or Market within the parameters of Tier 1 of the issuers and other persons using its Maker) can select either type of interface Non-Transaction Fees Volume-Based facilities. The Exchange also believes (either FIX Interface and/or MEO Tiers, or volume up to 0.30%, $300, (ii) the proposal furthers the objectives of Interface). Each Member who uses the if its volume falls within the parameters Section 6(b)(5) of the Act in that it is FIX Interface to connect to the System 12 of Tier 2 of the Non-Transaction Fees designed to promote just and equitable is assessed the following Trading Permit Volume-Based Tiers, or volume above principles of trade, to remove Fees each month: (i) If its volume falls 0.30% up to 0.60%, $400, and (iii) if its impediments to and perfect the within the parameters of Tier 1 of the volume falls with the parameters of Tier mechanism of a free and open market and a national market system, and, in 3 of the Non-Transaction Fees Volume- general to protect investors and the markets in options contracts traded on the Based Tiers, or volume above 0.60%, Exchange. See Exchange Rule 100. public interest and is not designed to $500. Members who use the MEO 9 ‘‘Affiliate’’ means (i) an affiliate of a Member of permit unfair discrimination between Interface may also connect to the at least 75% common ownership between the firms customers, issuers, brokers and dealers. as reflected on each firm’s Form BD, Schedule A, System through the FIX Interface as or (ii) the Appointed Market Maker of an Appointed well, and vice versa. Members who use Definition EEM (or, conversely, the Appointed EEM of an Appointed Market Maker). An ‘‘Appointed Market the MEO Interface and who also use the The Exchange believes that the Maker’’ is a MIAX PEARL Market Maker (who does FIX Interface are assessed the rates for proposed new definition ‘‘EEM Clearing not otherwise have a corporate affiliation based both types of Trading Permits set forth upon common ownership with an EEM) that has Firm’’ is consistent with Section 6(b)(4) been appointed by an EEM and an ‘‘Appointed above and receive a $100 monthly credit of the Act in that it is fair, equitable and EEM’’ is an EEM (who does not otherwise have a towards the Trading Permit Fees not unreasonably discriminatory and corporate affiliation based upon common applicable to such Member for MEO should improve market quality for the ownership with a MIAX PEARL Market Maker) that Interface use. has been appointed by a MIAX PEARL Market Exchange’s market participants. The Maker, pursuant to the process described in the Fee Members that solely clear transactions definition applies equally to all EEMs Schedule. See the Definitions Section of the Fee on the Exchange do not connect to the who perform clearing-only services on Schedule. Exchange, as such a connection is not the Exchange and is intended to add 10 ‘‘Excluded Contracts’’ means any contracts required to perform that clearing-only routed to an away market for execution. See the transparency to the Exchange’s Definitions Section of the Fee Schedule. activity. Therefore, at present, Members marketplace by clarifying how the 11 ‘‘TCV’’ means total consolidated volume that are EEM Clearing Firms are not Exchange determines these EEMs from calculated as the total national volume in those assessed a monthly Trading Permit Fee. other Members in order to assess the classes listed on MIAX PEARL for the month for However, those Members are still which the fees apply, excluding consolidated applicable fee. volume executed during the period time in which utilizing the services of the Exchange, The Exchange believes that the the Exchange experiences an ‘‘Exchange System by performing that clearing-only proposed new definition ‘‘EEM Clearing Disruption’’ (solely in the option classes of the activity. Accordingly, the Exchange is Firm’’ is consistent with Section 6(5) of affected Matching Engine (as defined below)). The proposing to adopt a monthly Trading term Exchange System Disruption, which is defined the Act in that it promotes just and in the Definitions section of the Fee Schedule, Permit Fee applicable to those types of equitable principles of trade for all means an outage of a Matching Engine or collective Members, which the Exchange is market participants. The Exchange Matching Engines for a period of two consecutive proposing to define each as an ‘‘EEM believes that by defining EEM Clearing hours or more, during trading hours. The term Clearing Firm.’’ In particular, the Matching Engine, which is also defined in the Firms the Exchange is able to assess Definitions section of the Fee Schedule, is a part of Exchange proposes to assess a monthly such firms a Trading Permit Fee since the MIAX PEARL electronic system that processes Trading Permit Fee of $250 to such EEM they use the Exchange’s System to options orders and trades on a symbol-by-symbol Clearing Firms, in order to cover the perform clearing-only services. basis. Some Matching Engines will process option operational and administrative costs of classes with multiple root symbols, and other Monthly EEM Clearing Firm Trading Matching Engines may be dedicated to one single such EEMs using the Exchange’s System option root symbol (for example, options on SPY to perform clearing-only services. Such Permit Fee may be processed by one single Matching Engine monthly Trading Permit Fees will be The Exchange believes that the that is dedicated only to SPY). A particular root assessed with respect to EEM Clearing symbol may only be assigned to a single designated assessment of a Trading Permit Fee to Matching Engine. A particular root symbol may not Firms in any month the EEM Clearing EEM Clearing Firms is reasonable, be assigned to multiple Matching Engines. The Firm is certified in the membership equitable, and not unfairly Exchange notes that the term ‘‘Exchange System system to clear transactions on the discriminatory. The assessment of Disruption’’ and its meaning have no applicability outside of the Fee Schedule, as it is used solely for Exchange. purposes of calculating volume for the threshold The Exchange’s affiliate, Miami 13 See MIAX Options Fee Schedule Section 3(b). tiers in the Fee Schedule. See the Definitions International Securities Exchange, LLC The Commission notes that members on MIAX Section of the Fee Schedule. (‘‘MIAX Options’’), also assesses a Options who perform clearing-only services are 12 assessed a monthly trading permit fee of $1,500. The term ‘‘System’’ means the automated monthly trading permit fee, in the trading system used by the Exchange for the trading 14 15 U.S.C. 78f(b). of securities. See Exchange Rule 100. amount of $1,500 per month, to its 15 15 U.S.C. 78f(b)(4) and (5).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22302 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

Trading Permit Fees to Clearing Firms is III. Date of Effectiveness of the Reference Room, 100 F Street NE, done by the Exchange’s affiliate, MIAX Proposed Rule Change and Timing for Washington, DC 20549, on official Options, as described in the Purpose Commission Action business days between the hours of section above. The Exchange also The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the believes that the proposed fee is fair and effective pursuant to Section filing also will be available for equitable and not unreasonably 19(b)(3)(A)(ii) of the Act,16 and Rule inspection and copying at the principal discriminatory because all similarly 19b–4(f)(2) 17 thereunder. At any time office of the Exchange. All comments situated EEM Clearing Firms are subject within 60 days of the filing of the received will be posted without change. to the same fee, and access to the proposed rule change, the Commission Persons submitting comments are Exchange is offered on terms that are summarily may temporarily suspend cautioned that we do not redact or edit not unfairly discriminatory. such rule change if it appears to the personal identifying information from Commission that such action is comment submissions. You should The Exchange believes that the submit only information that you wish proposed EEM Clearing Firm Trading necessary or appropriate in the public interest, for the protection of investors, to make available publicly. All Permit Fee is consistent with Section or otherwise in furtherance of the submissions should refer to File 6(b)(5) of the Act in that it promotes purposes of the Act. If the Commission Number SR–PEARL–2018–12 and equitable principles of trade for all takes such action, the Commission shall should be submitted on or before June market participants. The Exchange institute proceedings to determine 4, 2018. believes that assessing such firms a whether the proposed rule should be For the Commission, by the Division of Trading Permit Fee is reasonable since approved or disapproved. Trading and Markets, pursuant to delegated such firms are utilizing the Exchange’s authority.18 IV. Solicitation of Comments System to perform clearing-only Eduardo A. Aleman, services. Furthermore, assessing EEM Interested persons are invited to Assistant Secretary. Clearing Firms a Trading Permit Fee is submit written data, views, and [FR Doc. 2018–10141 Filed 5–11–18; 8:45 am] fair and equitable since it permits the arguments concerning the foregoing, Exchange to recoup the operational and including whether the proposed rule BILLING CODE 8011–01–P administrative costs that the Exchange change is consistent with the Act. does incur as a result of such firms Comments may be submitted by any of SECURITIES AND EXCHANGE utilizing the Exchange’s System. the following methods: COMMISSION B. Self-Regulatory Organization’s Electronic Comments [SEC File No. 270–095, OMB Control No. Statement on Burden on Competition • Use the Commission’s internet 3235–0084] comment form (http://www.sec.gov/ MIAX PEARL does not believe that rules/sro.shtml); or Submission for OMB Review; the proposed rule change will impose • Send an email to rule-comments@ Comment Request any burden on competition not sec.gov. Please include File Number SR– necessary or appropriate in furtherance Upon Written Request, Copies Available PEARL–2018–12 on the subject line. From: Securities and Exchange of the purposes of the Act. The Commission, Office of FOIA Services, Exchange believes that the assessment Paper Comments 100 F Street NE, Washington, DC by the Exchange of Trading Permit Fees • Send paper comments in triplicate 20549–2736 to EEM Clearing Firms using its to Secretary, Securities and Exchange facilities will not have an impact on Commission, 100 F Street NE, Extension: competition. As a more recent entrant in Washington, DC 20549–1090. Rule 17Ac2–1 the already highly competitive All submissions should refer to File Notice is hereby given that pursuant environment for equity options trading, Number SR–PEARL–2018–12. This file to the Paperwork Reduction Act of 1995 MIAX PEARL does not have the market number should be included on the (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the power necessary to set prices for subject line if email is used. To help the Securities and Exchange Commission services that are unreasonable or Commission process and review your (‘‘Commission’’) has submitted to the unfairly discriminatory in violation of comments more efficiently, please use Office of Management and Budget the Act. The Exchange believes that the only one method. The Commission will (‘‘OMB’’) a request for approval of proposed EEM Clearing Firm Trading post all comments on the Commission’s extension of the previously approved Permit Fee would increase both internet website (http://www.sec.gov/ collection of information provided for in intermarket and intramarket rules/sro.shtml). Copies of the Rule 17Ac2–1 (17 CFR 240.17Ac2–1), competition by encouraging clearing submission, all subsequent under the Securities Exchange Act of firms to provide clearing services to amendments, all written statements 1934 (15 U.S.C. 78a et seq.). Members of the Exchange. MIAX with respect to the proposed rule Rule 17Ac2–1, pursuant to Section PEARL’s proposed EEM Clearing Firm change that are filed with the 17A(c) of the Exchange Act, generally Trading Permit Fee is similar to the fee Commission, and all written requires transfer agents for whom the assessed by its affiliate, MIAX Options, communications relating to the Commission is the transfer agent’s Appropriate Regulatory Agency to its Clearing Firms but is much lower proposed rule change between the Commission and any person, other than (‘‘ARA’’), to file an application for than that assessed by MIAX Options. those that may be withheld from the registration with the Commission on C. Self-Regulatory Organization’s public in accordance with the Form TA–1 and to amend their Statement on Comments on the provisions of 5 U.S.C. 552, will be registrations under certain Proposed Rule Change Received From available for website viewing and circumstances. Members, Participants, or Others printing in the Commission’s Public Specifically, Rule 17Ac2–1 requires transfer agents to file a Form TA–1 Written comments were neither 16 15 U.S.C. 78s(b)(3)(A)(ii). solicited nor received. 17 17 CFR 240.19b–4(f)(2). 18 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22303

application for registration with the Dated: May 8, 2018. the most significant parts of such Commission where the Commission is Eduardo A. Aleman, statements. their ARA. Such transfer agents must Assistant Secretary. also amend their Form TA–1 if the A. Self-Regulatory Organization’s [FR Doc. 2018–10144 Filed 5–11–18; 8:45 am] Statement of the Purpose of, and existing information on their Form TA– BILLING CODE 8011–01–P 1 becomes inaccurate, misleading, or Statutory Basis for, the Proposed Rule incomplete within 60 days following the Change date the information became inaccurate, SECURITIES AND EXCHANGE 1. Purpose misleading or incomplete. Registration COMMISSION filings on Form TA–1 and amendments The shares of the Fund (the ‘‘Shares’’) thereto must be filed with the [Release No. 34–83187; File No. SR– are listed and traded on the Exchange Commission electronically, absent an CboeBZX–2018–032] under Rule 14.11(i), which governs the exemption, on EDGAR pursuant to listing and trading of Managed Fund Regulation S–T (17 CFR 232). Self-Regulatory Organizations; Cboe Shares, pursuant to an immediately The Commission annually receives BZX Exchange, Inc.; Notice of Filing effective rule filing.3 The Fund is a and Immediate Effectiveness of a approximately 186 filings on Form TA– series of the Cambria ETF Trust (the Proposed Rule Change To Continue 1 from transfer agents required to ‘‘Trust’’), which is organized as a Listing and Trading Shares of the register as such with the Commission. Delaware statutory trust and is Cambria Sovereign Bond ETF Included in this figure are registered with the Commission as an approximately 178 amendments made May 8, 2018. open-end management investment annually by transfer agents to their Pursuant to Section 19(b)(1) of the company.4 Form TA–1 as required by Rule 17Ac2– Securities Exchange Act of 1934 In this proposed rule change, the 1(c) to address information that has (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange proposes to amend a become inaccurate, misleading, or notice is hereby given that on May 1, representation made in the Prior Notice incomplete and approximately 8 new 2018, Cboe BZX Exchange, Inc. relating to changes to the investment applications by transfer agents for (‘‘Exchange’’ or ‘‘BZX’’) filed with the registration on Form TA–1 as required strategy of the Fund, as described Securities and Exchange Commission 5 by Rule 17Ac2–1(a). Based on past below. The Prior Notice (and the Arca (‘‘Commission’’) the proposed rule Approval Order) contains the following submissions, the staff estimates that on change as described in Items I and II average approximately twelve hours are representation regarding the holdings of below, which Items have been prepared the Fund: ‘‘under normal market required for initial completion of Form by the Exchange. The Commission is TA–1 and that on average one and one- publishing this notice to solicit half hours are required for an 3 See Securities Exchange Act Release No. 79618 comments on the proposed rule change (December 20, 2016), 81 FR 95252 (December 27, amendment to Form TA–1 by each such from interested persons. 2016) (SR–BatsBZX–2016–88) (the ‘‘Prior Notice’’). firm. Thus, the subtotal burden for new The Exchange notes that the Commission applications for registration filed on I. Self-Regulatory Organization’s previously approved a proposal to list and trade the Form TA–1 each year is 96 hours (12 Statement of the Terms of Substance of Shares on NYSE Arca, Inc. See Securities Exchange the Proposed Rule Change Act Release No. 75540 (July 28, 2015), 80 FR 46359 hours times 8 filers) and the subtotal (August 4, 2015) (SR–NYSEArca–2015–50) (the burden for amendments to Form TA–1 The Exchange filed a proposal to ‘‘Arca Approval Order’’). filed each year is 267 hours (1.5 hours amend a representation made in a 4 See Registration Statement on Form N–1A for times 178 filers). The cumulative total is proposed rule change previously filed the Trust, dated September 30, 2015 (File Nos. 333– 363 burden hours per year (96 hours 180879 and 811–22704) (the ‘‘Registration with the Commission pursuant to Rule Statement’’). The Commission has issued an order plus 267 hours). 19b–4 relating to the Cambria Sovereign granting certain exemptive relief to the Trust under An agency may not conduct or Bond ETF (the ‘‘Fund’’) (f/k/a Cambria the Investment Company Act of 1940 (15 U.S.C sponsor, and a person is not required to 80a–1) (‘‘1940 Act’’) (the ‘‘Exemptive Order’’). See Sovereign High Yield Bond ETF). Investment Company Act Release No. 30340 respond to, a collection of information The text of the proposed rule change (January 4, 2013) (File No. 812–13959). The Trust under the PRA unless it displays a is available at the Exchange’s website at also submitted to the Commission a ‘‘Supplement currently valid OMB control number. www.markets.cboe.com, at the principal dated January 20, 2017 to the Summary Prospectus, The public may view background Statutory Prospectus (collectively, the office of the Exchange, and at the ‘‘Prospectuses’’) and Statement of Additional documentation for this information Commission’s Public Reference Room. Information (‘‘SAI’’) dated September 1, 2016, as collection at the following website: each may be amended or supplemented’’ (the www.reginfo.gov. Comments should be II. Self-Regulatory Organization’s ‘‘January 20 Supplement’’) outlining the proposed directed to: (i) Desk Officer for the Statement of the Purpose of, and change to the investment strategy as well as a Securities and Exchange Commission, Statutory Basis for, the Proposed Rule ‘‘Supplement dated August 24, 2017 to the Change Summary Prospectus, Statutory Prospectus Office of Information and Regulatory (collectively, the ‘‘Prospectuses’’) and Statement of Affairs, Office of Management and In its filing with the Commission, the Additional Information (‘‘SAI’’) dated September 1, Budget, Room 10102, New Executive Exchange included statements 2016, as each may be amended or supplemented’’ in order to provide notice that the investment Office Building, Washington, DC 20503, concerning the purpose of and basis for strategy change had been replaced as described in or by sending an email to: Shagufta_ the proposed rule change and discussed the January 20 Supplement. See https:// [email protected]; and (ii) Pamela any comments it received on the www.sec.gov/Archives/edgar/data/1529390/0001 Dyson, Director/Chief Information proposed rule change. The text of these 39834417000671/fp0023454_497.htm and https:// www.sec.gov/Archives/edgar/data/1529390/000 Officer, Securities and Exchange statements may be examined at the 139834417010795/fp0027628_497.htm, Commission, c/o Remi Pavlik-Simon, places specified in Item IV below. The respectively. 100 F Street NE, Washington, DC 20549, Exchange has prepared summaries, set 5 The Exchange notes that while a change was or by sending an email to: forth in Sections A, B, and C below, of made to the principal investment strategy, there _ were no changes to the Fund’s investment objective, PRA [email protected]. Comments the method or methods used to select the Fund’s must be submitted to OMB within 30 1 15 U.S.C. 78s(b)(1). portfolio investments, or the Fund’s fees and days of this notice. 2 17 CFR 240.19b–4. expenses.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22304 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

conditions,6 at least 80% of the value of Fund. Additionally, the change addressed by the Prior Notice and the the Fund’s net assets (plus borrowings proposed above will constitute a Arca Approval Order. for investment purposes) will be continued listing requirement for the B. Self-Regulatory Organization’s invested in sovereign and quasi- Fund. Statement on Burden on Competition sovereign high yield bonds (commonly 2. Statutory Basis known as ‘‘junk bonds’’).7’’ Based on the The Exchange does not believe that changes to the Fund’s investment The Exchange believes that the the proposed rule change will impose strategy outlined in the January 20 proposal is consistent with Section 6(b) any burden on competition that is not Supplement, the Exchange is proposing of the Act 9 in general and Section necessary or appropriate in furtherance to change this representation such that 6(b)(5) of the Act 10 in particular in that of the purpose of the Act. The Exchange it is consistent with the new investment it is designed to prevent fraudulent and believes that the proposal to allow the strategy. The Exchange proposes that manipulative acts and practices, to Fund to amend its investment strategy the sentence would instead read ‘‘under promote just and equitable principles of will enhance competition among both normal market conditions,8 at least 80% trade, to remove impediments to, and market participants and listing venues, of the value of the Fund’s net assets perfect the mechanism of a free and to the benefit of investors and the (plus borrowings for investment open market and, in general, to protect marketplace. purposes) will be invested in sovereign investors and the public interest. C. Self-Regulatory Organization’s and quasi-sovereign bonds.’’ Specifically, the Exchange believes that Statement on Comments on the Practically speaking, while the Fund the proposal is designed to prevent Proposed Rule Change Received From is currently required to hold at least fraudulent and manipulative acts and Members, Participants, or Others 80% of its net assets in high yield (i.e. practices, to promote just and equitable The Exchange has neither solicited lower credit quality) sovereign and principles of trade, to remove quasi-sovereign bonds, this proposed nor received written comments on the impediments to, and perfect the proposed rule change. change will additionally allow the Fund mechanism of a free and open market to hold investment grade (i.e. higher and, in general, to protect investors and III. Date of Effectiveness of the credit quality) sovereign and quasi- the public interest. Proposed Rule Change and Timing for sovereign bonds, thereby increasing the As described above, all of the Commission Action credit quality of the Fund’s holdings in representations from the Prior Notice Because the foregoing proposed rule sovereign and quasi-sovereign bonds. As which formed the basis for the Prior noted above, the investment objective of change does not: (i) Significantly affect Notice becoming immediately effective the Fund will remain unchanged. All the protection of investors or the public remain true and will continue to other statements and representations interest; (ii) impose any significant constitute continued listing made in the Prior Notice regarding the burden on competition; and (iii) become requirements for the Fund with the description of the portfolio or reference operative for 30 days from the date on exception of the single representation assets, limitations on portfolio holdings which it was filed, or such shorter time that the Exchange is proposing to or reference assets, dissemination and as the Commission may designate, it has amend. This proposed change will not availability of reference assets and become effective pursuant to Section make any changes to the types of 11 intraday indicative values, and the 19(b)(3)(A) of the Act and Rule 19b– instruments that the Fund can hold, but 12 applicability of Exchange listing rules 4(f)(6) thereunder. A proposed rule change filed specified in the Prior Notice remain true will allow the Fund to hold those pursuant to Rule 19b–4(f)(6) under the and shall continue to constitute instruments when they are issued by Act 13 normally does not become continued listing requirements for the more creditworthy issuers. As such, the Exchange believes that the proposal operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 14 6 The term ‘‘under normal market conditions’’ does not raise any substantive issues includes, but is not limited to, the absence of that were not previously addressed in permits the Commission to designate a extreme volatility or trading halts in the equity the Prior Notice and Arca Approval shorter time if such action is consistent markets or the financial markets generally; Order. As proposed, the Fund would be with the protection of investors and the operational issues causing dissemination of public interest. The Exchange has asked inaccurate market information; or force majeure able to continue to hold the same lower type events such as systems failure, natural or man- credit quality sovereign and quasi- the Commission to waive the 30-day made disaster, act of God, armed conflict, act of sovereign bonds and the only additional operative delay to allow the Fund to terrorism, riot or labor disruption or any similar investments that would become immediately improve the credit quality intervening circumstance. of its bond portfolio while complying 7 Sovereign and quasi-sovereign bonds include available to the Fund would be securities issued or guaranteed by foreign investment grade sovereign and quasi- with the applicable continued listing governments (including political subdivisions) or sovereign bonds. representations. The Exchange does not their authorities, agencies, or instrumentalities or As such, the Exchange believes that believe that there is any reason for delay by supra-national agencies. Supra-national agencies when the change is only designed to are agencies whose member nations make capital the proposal is designed to prevent contributions to support the agencies’ activities. fraudulent and manipulative acts and allow the Fund to hold higher credit Examples include the International Bank for practices, to promote just and equitable quality versions of instruments that it is Reconstruction and Development (the World Bank), already allowed to hold. The the Asian Development Bank, the European Coal principles of trade, to remove and Steel Community, and the Inter-American impediments to and perfect the 11 Development Bank. mechanism of a free and open market 15 U.S.C. 78s(b)(3)(A). 12 8 The term ‘‘under normal market conditions’’ 17 CFR 240.19b–4(f)(6). As required under Rule and a national market system, and, in 19b–4(f)(6)(iii), the Exchange provided the includes, but is not limited to, the absence of general, to protect investors and the extreme volatility or trading halts in the equity Commission with written notice of its intent to file markets or the financial markets generally; public interest because there are no the proposed rule change, along with a brief operational issues causing dissemination of substantive issues raised by this description and the text of the proposed rule inaccurate market information; or force majeure proposal that were not otherwise change, at least five business days prior to the date type events such as systems failure, natural or man- of filing of the proposed rule change, or such made disaster, act of God, armed conflict, act of shorter time as designated by the Commission. terrorism, riot or labor disruption or any similar 9 15 U.S.C. 78f. 13 17 CFR 240.19b–4(f)(6). intervening circumstance. 10 15 U.S.C. 78f(b)(5). 14 17 CFR 240.19b–4(f)(6)(iii).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22305

Commission believes that waiver of the public in accordance with the also requires a fund to enter into written 30-day operative delay is consistent provisions of 5 U.S.C. 552, will be agreements with their financial with the protection of investors and the available for website viewing and intermediaries (such as broker-dealers public interest. Accordingly, the printing in the Commission’s Public and retirement plan administrators) Commission hereby waives the 30-day Reference Room, 100 F Street, NE, under which the fund, upon request, operative delay and designates the Washington, DC 20549, on official can obtain certain shareholder identity proposed rule change operative upon business days between the hours of and trading information from the filing.15 10:00 a.m. and 3:00 p.m. Copies of the intermediaries. The written agreement At any time within 60 days of the filing also will be available for must also allow the fund to direct the filing of the proposed rule change, the inspection and copying at the principal intermediary to prohibit further Commission summarily may office of the Exchange. All comments purchases or exchanges by specific temporarily suspend such rule change if received will be posted without change. shareholders that the fund has it appears to the Commission that such Persons submitting comments are identified as being engaged in action is necessary or appropriate in the cautioned that we do not redact or edit transactions that violate the fund’s public interest, for the protection of personal identifying information from market timing policies. These investors, or otherwise in furtherance of comment submissions. You should requirements enable funds to obtain the the purposes of the Act. If the submit only information that you wish information that they need to monitor Commission takes such action, the to make available publicly. All the frequency of short-term trading in Commission shall institute proceedings submissions should refer to File omnibus accounts and enforce their to determine whether the proposed rule Number CboeBZX–2018–032 and should market timing policies. change should be approved or be submitted on or before June 4, 2018. The rule includes three ‘‘collections disapproved. of information’’ within the meaning of For the Commission, by the Division of IV. Solicitation of Comments Trading and Markets, pursuant to delegated the Paperwork Reduction Act of 1995 authority.16 (‘‘PRA’’).1 First, the rule requires boards Interested persons are invited to to either approve a redemption fee of up submit written data, views, and Eduardo A. Aleman, Assistant Secretary. to two percent or determine that arguments concerning the foregoing, imposition of a redemption fee is not [FR Doc. 2018–10140 Filed 5–11–18; 8:45 am] including whether the proposed rule necessary or appropriate for the fund. change is consistent with the Act. BILLING CODE 8011–01–P Second, funds must enter into Comments may be submitted by any of information sharing agreements with all the following methods: 2 SECURITIES AND EXCHANGE of their ‘‘financial intermediaries’’ and Electronic Comments COMMISSION maintain a copy of the written • Use the Commission’s internet information sharing agreement with [SEC File No. 270–541, OMB Control No. each intermediary in an easily comment form (http://www.sec.gov/ 3235–0620] rules/sro.shtml); or accessible place for six years. Third, • Send an email to rule-comments@ Submission for OMB Review; pursuant to the information sharing sec.gov. Please include File Number Comment Request agreements, funds must have systems CboeBZX–2018–032 on the subject line. that enable them to request frequent Upon Written Request, Copies Available trading information upon demand from Paper Comments From: Securities and Exchange their intermediaries, and to enforce any • Send paper comments in triplicate Commission, Office of FOIA Services, restrictions on trading required by funds to Secretary, Securities and Exchange 100 F Street NE, Washington, DC under the rule. Commission, 100 F Street, NE, 20549–2736. The collections of information created Washington, DC 20549–1090. Extension: by rule 22c–2 are necessary for funds to All submissions should refer to File Rule 22c–2. effectively assess redemption fees, enforce their policies in frequent Number CboeBZX–2018–032. This file Notice is hereby given that pursuant number should be included on the trading, and monitor short-term trading, to the Paperwork Reduction Act of 1995 including market timing, in omnibus subject line if email is used. To help the (44 U.S.C. 3501 et seq.) the Securities Commission process and review your accounts. These collections of and Exchange Commission (the information are mandatory for funds comments more efficiently, please use ‘‘Commission’’) has submitted to the only one method. The Commission will that redeem shares within seven days of Office of Management and Budget a purchase. The collections of information post all comments on the Commission’s request for extension of the previously internet website (http://www.sec.gov/ approved collection of information rules/sro.shtml). Copies of the 1 44 U.S.C. 3501–3520. discussed below. 2 The rule defines a Financial Intermediary as: (i) submission, all subsequent Rule 22c–2 (17 CFR 270.22c–2) under Any broker, dealer, bank, or other person that holds amendments, all written statements the Investment Company Act of 1940 securities issued by the fund in nominee name; (ii) with respect to the proposed rule (15 U.S.C. 80a) (the ‘‘Investment a unit investment trust or fund that invests in the change that are filed with the fund in reliance on section 12(d)(i)(E) of the Act; Company Act’’ or ‘‘Act’’) requires the and (iii) in the case of a participant directed Commission, and all written board of directors (including a majority employee benefit plan that owns the securities communications relating to the of independent directors) of most issued by the fund, a retirement plan’s proposed rule change between the registered open-end investment administrator under section 316(A) of the Employee Commission and any person, other than Retirement Security Act of 1974 (29 U.S.C. companies (‘‘funds’’) to either approve a 1002(16)(A) or any person that maintains the plans’ those that may be withheld from the redemption fee of up to two percent or participant records. Financial Intermediary does not determine that imposition of a include any person that the fund treats as an 15 For purposes only of waiving the 30-day redemption fee is not necessary or individual investor with respect to the fund’s operative delay, the Commission has also policies established for the purpose of eliminating considered the proposed rule’s impact on appropriate for the fund. Rule 22c–2 or reducing any dilution of the value of the efficiency, competition, and capital formation. See outstanding securities issued by the fund. Rule 22c– 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 2(c)(1).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22306 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

also are necessary to allow Commission recommendations to the board. fund attorney time and 1.5 hours of staff to fulfill its examination and Therefore, for each fund board that intermediary attorney time). oversight responsibilities. undertakes this determination process, Accordingly, Commission staff Rule 22c–2(a)(1) requires the board of Commission staff estimates it expends estimates that it takes 12 hours at a cost directors of all registered open-end 13 hours 8 at a cost of $10,493.9 As a of $4704 each year 13 to enter into new management investment companies and result, Commission staff estimates that information sharing agreements, and all series thereof (except for money market the total time spent for all funds on this existing market participants incur a total funds, ETFs, or funds that affirmatively process is 546 hours at a cost of of 10,200 hours at a cost of $3,998,400.14 permit short-term trading of its $440,706.10 In addition, newly created funds securities) to approve a redemption fee Rule 22c–2(a)(2) also requires a fund advised by new entrants (effectively for the fund, or instead make a to enter into information-sharing new fund groups) must enter into determination that a redemption fee is agreements with each of its financial information sharing agreements with all either not necessary or appropriate for intermediaries. Commission staff of their financial intermediaries. the fund. Commission staff understands understands that all currently registered Commission staff estimates that there that the boards of all funds currently in funds have already entered into such are 47 new fund groups that form each operation have undertaken this process agreements with their intermediaries. year that will have to enter into for the funds they currently oversee, and Funds enter into new relationships with information sharing agreements with the rule does not require boards to intermediaries from time to time, each of their intermediaries.15 review this determination periodically however, which requires them to enter Commission staff estimates that fund once it has been made. Accordingly, we into new information sharing groups formed by new advisers typically expect that only boards of newly agreements. Commission staff have relationships with significantly registered funds or newly created series understands that, in general, funds enter fewer intermediaries than existing fund thereof would undertake this into information-sharing agreement groups, and estimates that new fund determination. Commission staff when they initially establish a groups will typically enter into 100 estimates that 42 funds (excluding relationship with an intermediary, information sharing agreements with money market funds and ETFs) are which is typically executed as an their intermediaries when they begin newly formed each year and would addendum to the distribution operations.16 As discussed previously, need to make this determination.3 agreement. The Commission staff Commission staff estimates that it takes Based on conversations with fund understands that most shareholder 4 hours of attorney time (at a rate of 4 representatives, Commission staff information agreements are entered into $392 per hour) 17 per intermediary to estimates that it takes 2 hours of the by the fund group (a group of funds enter into information sharing board’s time as a whole (at a rate of with a common investment adviser), agreements. Therefore, Commission staff 5 $4465 per hour) to approve a and estimates that there are currently estimates that each newly formed fund 11 redemption fee or make the required 850 currently active fund groups. group will incur 400 hours of attorney determination on behalf of all series of Commission staff estimates that, on time at a cost of $156,800 18 and that all the fund. In addition, Commission staff average, each active fund group enters newly formed fund groups will incur a estimates that it takes compliance into relationships with 3 new total of 18,800 hours at a cost of personnel of the fund 8 hours (at a rate intermediaries each year. Commission 6 $7,369,600 to enter into information of $66 per hour) to prepare trading, staff understands that funds generally sharing agreements with their compliance, and other information use a standard information sharing intermediaries.19 regarding the fund’s operations to agreement, drafted by the fund or an Rule 22c–2(a)(3) requires funds to enable the board to make its outside entity, and modifies that maintain records of all information- determination, and takes internal agreement according to the sharing agreements for 6 years in an compliance counsel of the fund 3 hours requirements of each intermediary. 7 easily accessible place. Commission (at a rate of $345 per hour) to review Commission staff estimates that staff understands that most shareholder this information and present its negotiating the terms and entering into an information sharing agreement takes 13 This estimate is based on the following 3 This estimate is based on the number of a total of 4 hours of attorney time (at a calculations: (4 hours × 3 new intermediaries = 12 registrants filing initial Form N–1A or N–3. This rate of $392 per hour) 12 per hours); (12 hours × $392 = $4704). estimate does not carve out money market funds, 14 This estimate is based on the following ETFs, or funds that affirmatively permit short-term intermediary (representing 2.5 hours of calculations: (12 hours × 850 fund groups = 10,200 trading of their securities, so this estimate hours); (10,200 hours × $392 = $3,998,400). corresponds to the outer limit of the number of 8 This calculation is based on the following 15 ICI, 2017 Investment Company Fact Book at Fig registrants that would have to make this estimates: (2 hours of board time + 3 hours of determination. internal compliance counsel time + 8 hours of 1.8 (2017) (https://www.ici.org/research/stats/ 4 Unless otherwise stated, estimates throughout compliance clerk time = 13 hours). factbook). 16 this analysis are derived from a survey of funds and 9 This calculation is based on the following Commission staff understands that funds conversations with fund representatives. estimates: ($8930 ($4465 board time × 2 hours = generally use a standard information sharing 5 The estimate of $4465 per hour for the board’s $8930) + $528 ($66 compliance time × 8 hours = agreement, drafted by the fund or an outside entity, time as a whole is based on conversations with $528) + $1035 ($345 attorney time × 3 hours = and then modifies that agreement according to the representatives of funds and their legal counsel. $1035) = $10,493). requirements of each intermediary. 6 The $66 per hour figure for a compliance clerk 10 This calculation is based on the following 17 The $392 per hour figure for an attorney is from is from SIFMA’s Office Salaries in the Securities estimates: (13 hours × 42 funds = 546 hours); SIFMA’s Management & Professional Earnings in Industry 2013, modified by Commission staff to ($10,493 × 42 funds = $440,706). the Securities Industry 2013, modified by account for an 1800-hour work-year and inflation, 11 ICI, 2017 Investment Company Fact Book at Fig Commission staff to account for an 1800-hour work- and multiplied by 2.93 to account for bonuses, firm 1.8 (2017) (https://www.ici.org/research/stats/ year and inflation, and multiplied by 5.35 to size, employee benefits and overhead. factbook). account for bonuses, firm size, employee benefits 7 The $345 per hour figure for internal 12 The $392 per hour figure for attorneys is from and overhead. compliance counsel is from SIFMA’s Management SIFMA’s Management & Professional Earnings in 18 This estimate is based on the following & Professional Earnings in the Securities Industry the Securities Industry 2013, modified by calculations: (4 hours × 100 intermediaries = 400 2013, modified by Commission staff to account for Commission staff to account for an 1800-hour work- hours); (400 hours × $392 = $156,800). an 1800-hour work-year and inflation, and year and inflation, and multiplied by 5.35 to 19 This estimate is based on the following multiplied by 5.35 to account for bonuses, firm size, account for bonuses, firm size, employee benefits calculations: (47 fund groups × 400 hours = 18,800 employee benefits and overhead. and overhead. hours) ($392 × 18,800 = 7,369,600).

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22307

information agreements are stored at the The Commission staff estimates that Notice is hereby given that pursuant fund group level and estimates that the total hour burden for rule 22c–2 is to the Paperwork Reduction Act of 1995 there are currently approximately 850 29,687.67 hours at a cost of (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the fund groups.20 Commission staff $11,817,056.50.25 Responses provided Securities and Exchange Commission understands that information-sharing to the Commission will be accorded the (‘‘Commission’’) has submitted to the agreements are generally included as same level of confidentiality accorded to Office of Management and Budget addendums to distribution agreements other responses provided to the (‘‘OMB’’) a request for approval of between funds and their intermediaries, Commission in the context of its extension of the previously approved and that these agreements would be examination and oversight program. collection of information provided for in stored as required by the rule as a matter Responses provided in the context of Rule 12f–3 (17 CFR 240.12f–3), under of ordinary business practice. Therefore, the Commission’s examination and the Securities Exchange Act of 1934 Commission staff estimates that oversight program are generally kept (‘‘Act’’) (15 U.S.C. 78a et seq.). maintaining records of information- confidential. Complying with the Rule 12f–3 (‘‘Rule’’), which was sharing agreements requires 10 minutes information collections of rule 22c–2 is originally adopted in 1955 pursuant to of time spent by a general clerk (at a rate mandatory for funds that redeem their Sections 12(f) and 23(a) of the Act, and of $59 per hour) 21 per fund, each year. shares within 7 days of purchase. An as further modified in 1995, sets forth Accordingly, Commission staff agency may not conduct or sponsor, and the requirements to submit an estimates that all funds will incur a person is not required to respond to application to the Commission for 141.67 hours at a cost of $8358.53 22 in a collection of information unless it termination or suspension of unlisted complying with the recordkeeping displays a currently valid control trading privileges in a security, as requirement of rule 22c–2(a)(3). number. contemplated under Section 12(f)(4) of the Act. In addition to requiring that one Therefore, Commission staff estimates The public may view the background copy of the application be filed with the that to comply with the information documentation for this information collection at the following website, Commission, the Rule requires that the sharing agreement requirements of rule application contain specified 22c–2(a)(2) and (3), it requires a total of www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the information. Under the Rule, an 29,141.67 hours at a cost of application to suspend or terminate $11,403,358.53.23 Securities and Exchange Commission, Office of Information and Regulatory unlisted trading privileges must The Commission staff estimates that Affairs, Office of Management and provide, among other things, the name on average, each fund group requests Budget, Room 10102, New Executive of the applicant; a brief statement of the shareholder information once a week, Office Building, Washington, DC 20503, applicant’s interest in the question of and gives instructions regarding the or by sending an email to: Shagufta_ termination or suspension of such restriction of shareholder trades every [email protected]; and (ii) Pamela unlisted trading privileges; the title of day, for a total of 417 responses related Dyson, Director/Chief Information the security; the name of the issuer; to information sharing systems per fund Officer, Securities and Exchange certain information regarding the size of group each year, and a total 354,450 Commission, c/o Remi Pavlik-Simon, the class of security, the public trading responses for all fund groups volume and price history in the security 24 100 F Street NE, Washington, DC 20549 annually. In addition, as described or send an email to: PRA_Mailbox@ for specified time periods on the subject above, the staff estimates that funds sec.gov. Comments must be submitted to exchange and a statement indicating make 42 responses related to board OMB within 30 days of this notice. that the applicant has provided a copy determinations, 2550 responses related of such application to the exchange to new intermediaries of existing fund Dated: May 8, 2018. from which the suspension or groups, 4700 responses related to new Eduardo A. Aleman, termination of unlisted trading fund group information sharing Assistant Secretary. privileges are sought, and to any other agreements, and 850 responses related [FR Doc. 2018–10146 Filed 5–11–18; 8:45 am] exchange on which the security is listed to recordkeeping, for a total of 8142 BILLING CODE 8011–01–P or admitted to unlisted trading responses related to the other privileges. requirements of rule 22c–2. Therefore, The information required to be the Commission staff estimates that the SECURITIES AND EXCHANGE included in applications submitted total number of responses is 362,592 COMMISSION pursuant to Rule 12f–3, is intended to provide the Commission with sufficient (354,450 + 8142 = 362,592). [SEC File No. 270–141, OMB Control No. 3235–0249] information to make the necessary 20 ICI, 2017 Investment Company Fact Book at Fig findings under the Act to terminate or 1.8 (2017) (https://www.ici.org/research/stats/ Submission for OMB Review; suspend by order the unlisted trading factbook). Comment Request privileges granted a security on a 21 The $59 per hour figure for a general clerk is national securities exchange. Without derived from SIFMA’s Office Salaries in the Upon Written Request, Copies Available the Rule, the Commission would be Securities Industry 2013 modified to account for an from: Securities and Exchange 1800-hour work-year and inflation, and multiplied unable to fulfill these statutory by 2.93 to account for bonuses, firm size, employee Commission, Office of FOIA Services, responsibilities. benefits, and overhead. 100 F Street NE, Washington, DC The burden of complying with Rule 22 This estimate is based on the following 20549–2736. 12f–3 arises when a potential calculations: (10 minutes × 850 fund groups = 8500 minutes); (8500 minutes/60 = 141.67 hours); Extension: respondent, having a demonstrable bona (141.67 hours × $59 = $8358.53). Rule 12f–3 fide interest in the question of 23 This estimate is based on the following termination or suspension of the calculations: (10,200 hours + 18,800 hours + 141.67 25 This estimate is based on the following unlisted trading privileges of a security, hours = 29,141.67 hours); ($3,998,400 + $7,369,600 calculations: (546 hours (board determination) + determines to seek such termination or + $8358.53 = $11,403,358.53). 29,141.67 hours (information sharing agreements) = 24 This estimate is based on the following 29,687.67 total hours); ($440,706 (board suspension. The staff estimates that calculations: (52 + 365 = 417); (417 × 850 fund determination) + $11,376,350.53 (information each such application to terminate or groups = 354,450). sharing agreements) = $11,817,056.50). suspend unlisted trading privileges

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22308 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

requires approximately one hour to SOCIAL SECURITY ADMINISTRATION the rules removed the additional complete. Thus each potential conditions that we used when we [Docket No. SSA–2014–0016] respondent would incur on average one evaluated a work attempt in burden hour in complying with the Rescission of Social Security Ruling employment or self-employment that Rule. 05–02; Titles II and XVI: Determination lasted between 3 and 6 months and provided that we now use one standard The Commission staff estimates that of Substantial Gainful Activity if Substantial Work Activity Is for work attempts lasting 6 months or there could be as many as 18 responses less. annually for an aggregate burden for all Discontinued or Reduced— Unsuccessful Work Attempt Due to these final rules and the respondents of 18 hours. Each resulting simplification of our policies, respondent’s related internal cost of AGENCY: Social Security Administration. SSR 05–02 is no longer correct. The compliance for Rule 12f–3 would be ACTION: Notice of rescission of Social final rules at 20 CFR 404.1574(c), $221.00, or, the cost of one hour of Security Ruling 05–02. 404.1575(d), 416.974(c), 416.975(d) professional work of a paralegal needed (unsuccessful work attempts) were to complete the application. The total SUMMARY: The Office of the effective November 16, 2016. annual cost of compliance for all Commissioner gives notice of the Consequently, we are rescinding SSR potential respondents, therefore, is rescission of Social Security Ruling 05–02 as obsolete. Notice of this $3,978.00 (18 responses × $221.00/ (SSR) 05–02. rescission is published in accordance response). DATES: This rescission is effective May with 20 CFR 402.35(b)(1). Compliance with the application 14, 2018. (Catalog of Federal Domestic Assistance requirements of Rule 12f–3 is FOR FURTHER INFORMATION CONTACT: Programs Nos. 96.001, Social Security— mandatory, though the filing of such Kristine Erwin-Tribbitt, Office of Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, applications is undertaken voluntarily. Retirement and Disability Policy, Office of Research, Demonstration, and Social Security—Survivors Insurance; Rule 12f–3 does not have a record 96.006—Supplemental Security Income) retention requirement per se. However, Employment Support, Social Security Nancy Berryhill, responses made pursuant to Rule 12f–3 Administration, 6401 Security Boulevard, Robert Ball Building 3–A– are subject to the recordkeeping Acting Commissioner of Social Security. 26, Baltimore, MD 21235–6401, (410) requirements of Rules 17a–3 and 17a–4 [FR Doc. 2018–10249 Filed 5–11–18; 8:45 am] 965–3353. For information on eligibility BILLING CODE 4191–02–P of the Act. Information received in or filing for benefits, call our national response to Rule 12f–3 shall not be kept toll-free number 1–800–772–1213, or confidential; the information collected TTY 1–800–325–0778, or visit our DEPARTMENT OF TRANSPORTATION is public information. internet site, Social Security online, at An agency may not conduct or http://www.socialsecurity.gov. Federal Aviation Administration sponsor, and a person is not required to SUPPLEMENTARY INFORMATION: Through [Summary Notice No. PE–2018–48] respond to, a collection of information SSRs, we make available to the public under the PRA unless it displays a precedential decisions relating to the Petition for Exemption; Summary of currently valid OMB control number. Federal old-age, survivors, disability, Petition Received; The Boeing The public may view background supplemental security income, and Company documentation for this information special veterans benefits programs. We may base SSRs on determinations or AGENCY: Federal Aviation collection at the following website: Administration (FAA), DOT. www.reginfo.gov. Comments should be decisions made at all levels of administrative adjudication, Federal ACTION: Notice of petition for exemption directed to: (i) Desk Officer for the court decisions, Commissioner’s received. Securities and Exchange Commission, decisions, opinions of the Office of Office of Information and Regulatory SUMMARY: This notice contains a General Counsel, or other summary of a petition seeking relief Affairs, Office of Management and interpretations of the law and Budget, Room 10102, New Executive from specified requirements of Federal regulations. Aviation Regulations. The purpose of Office Building, Washington, DC 20503, On February 28, 2005, we published or by sending an email to: Shagufta_ this notice is to improve the public’s SSR 05–02, which provides guidance awareness of, and participation in, the [email protected]; and (ii) Pamela about determining whether substantial Dyson, Director/Chief Information FAA’s exemption process. Neither work activity that is discontinued or publication of this notice nor the Officer, Securities and Exchange reduced below a specified level may be inclusion or omission of information in Commission, c/o Remi Pavlik-Simon, considered an unsuccessful work the summary is intended to affect the 100 F Street NE, Washington, DC 20549 attempt (UWA) under the disability _ legal status of the petition or its final or send an email to: PRA Mailbox@ provisions of the law. SSR 05–02 disposition. sec.gov. Comments must be submitted to explains the policies and procedures for OMB within 30 days of this notice. evaluating a work effort of 3 months or DATES: Comments on this petition must less and work efforts between 3 and 6 identify the petition docket number and Dated: May 8, 2018. months. must be received on or before June 4, Eduardo A. Aleman, On October 17, 2016, we published 2018. Assistant Secretary. final rules, Unsuccessful Work Attempts ADDRESSES: Send comments identified [FR Doc. 2018–10147 Filed 5–11–18; 8:45 am] and Expedited Reinstatement Eligibility, by docket number FAA–2017–0613 BILLING CODE 8011–01–P in the Federal Register at 81 FR 71367. using any of the following methods: These rules, among other things, • Federal eRulemaking Portal: Go to removed some of the requirements for http://www.regulations.gov and follow evaluation of an UWA that lasts the online instructions for sending your between 3 and 6 months. Specifically, comments electronically.

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22309

• Mail: Send comments to Docket DEPARTMENT OF THE TREASURY SHORE)). Designated pursuant to Operations, M–30; U.S. Department of section 805(b)(2) of the Kingpin Act, 21 Transportation (DOT), 1200 New Jersey Office of Foreign Assets Control U.S.C. 1904(b)(2), for materially Avenue SE, Room W12–140, West assisting in, or providing financial or Building Ground Floor, Washington, DC Notice of OFAC Sanctions Actions technological support for or to, or 20590–0001. AGENCY: Office of Foreign Assets providing goods or services in support • Hand Delivery or Courier: Take Control, Department of the Treasury. of, the international narcotics trafficking activities of MARTIN OLIVARES. comments to Docket Operations in ACTION: Notice. Room W12–140 of the West Building 2. MARTIN OLIVARES, Pedro Luis, Ground Floor at 1200 New Jersey SUMMARY: The U.S. Department of the Av. Francisco de Miranda, Edif Saule, Avenue SE, Washington, DC, between 9 Treasury’s Office of Foreign Assets Piso 7, APTO 72., Chacao, Miranda, a.m. and 5 p.m., Monday through Control (OFAC) is publishing the names Venezuela; DOB 18 Apr 1967; POB Friday, except Federal holidays. of persons that have been placed on Caracas, Venezuela; nationality • Fax: Fax comments to Docket OFAC’s Specially Designated Nationals Venezuela; citizen Venezuela; Gender Operations at 202–493–2251. and Blocked Persons List based on Male; Cedula No. 6252562 (Venezuela); Privacy: In accordance with 5 U.S.C. OFAC’s determination that one or more Passport 057530115 (Venezuela) 553(c), DOT solicits comments from the applicable legal criteria were satisfied. (individual) [SDNTK] (Linked To: D2 public to better inform its rulemaking All property and interests in property IMAGINEERING, C.A.; Linked To: process. DOT posts these comments, subject to U.S. jurisdiction of these GRUPO CONTROL 2004, C.A.; Linked without edit, including any personal persons are blocked, and U.S. persons To: GRUPO CONTROL SYSTEM 2004, information the commenter provides, to are generally prohibited from engaging C.A.; Linked To: INMUEBLES Y http://www.regulations.gov, as in transactions with them. DESARROLLOS WEST POINT, C.A.; Linked To: INVERSIONES PMA 243, described in the system of records DATES: SUPPLEMENTARY INFORMATION See C.A.; Linked To: MATSUNICHI OIL notice (DOT/ALL–14 FDMS), which can section. TRAEADEZ 12, C.A.; Linked To: be reviewed at http://www.dot.gov/ FOR FURTHER INFORMATION CONTACT: MATSUNICHI OIL TRADER, C.A.; privacy. OFAC: Associate Director for Global Linked To: PLM CONSORCIO, C.A.; Docket: Background documents or Targeting, tel.: 202–622–2420; Assistant Linked To: PLM CONSULTORES, C.A.; comments received may be read at Director for Licensing, tel.: 202–622– Linked To: P.L.M. GROUP SOCIEDAD http://www.regulations.gov at any time. 2480; Assistant Director for Regulatory DE CORRETAJE DE VALORES, C.A.; Follow the online instructions for Affairs, tel.: 202–622–4855; Assistant Linked To: PLM SECURITY CONTROL accessing the docket or go to the Docket Director for Sanctions Compliance & GROUP, C.A.; Linked To: P L M Operations in Room W12–140 of the Evaluation, tel.: 202–622–2490; or the SOCIEDAD DE CORRETAJE, C.A.; West Building Ground Floor at 1200 Department of the Treasury’s Office of Linked To: PLM TRANSPORTE, C.A.; New Jersey Avenue SE, Washington, the General Counsel: Office of the Chief Linked To: TECHNO TRANSPORTE DC, between 9 a.m. and 5 p.m., Monday Counsel (Foreign Assets Control), tel.: ML, C.A.). Identified pursuant to section through Friday, except Federal holidays. 202–622–2410. 805(b)(1) of the Kingpin Act, 21 U.S.C. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: 1904(b)(1), as a significant foreign Deana Stedman, AIR–673, Federal narcotics trafficker. Aviation Administration, 2200 South Electronic Availability 3. RODRIGUEZ ESPINOZA, Mario 216th Street, Des Moines, WA 98198, The list of Specially Designated Antonio (a.k.a. RODRIGUEZ phone 206–231–3187, email Nationals and Blocked Persons (SDN EZPINOZA, Mario Antonio), Miranda, [email protected]; or Alphonso List) and additional information Venezuela; DOB 16 Feb 1966; citizen Pendergrass, ARM–200, Office of concerning OFAC sanctions programs Venezuela; Gender Male; Cedula No. Rulemaking, Federal Aviation are available on OFAC’s website (http:// 6859414 (Venezuela) (individual) Administration, 800 Independence www.treasury.gov/ofac). [SDNTK] (Linked To: INVERSIONES Avenue SW, Washington, DC 20591, MALAMAR R, C.A.). Designated Notice of OFAC Actions phone 202–267–4713, email pursuant to section 805(b)(2) of the [email protected]. This On May 7, 2018, OFAC determined Kingpin Act, 21 U.S.C. 1904(b)(2), for notice is published pursuant to 14 CFR that the property and interests in materially assisting in, or providing 11.85. property of the following persons are financial or technological support for or Issued in Renton, Washington, on May 8, blocked under the relevant sanctions to, or providing goods or services in 2018. authority listed below. support of, the international narcotics Victor Wicklund, Individuals trafficking activities of MARTIN OLIVARES. Manager, Transport Standards Branch. 1. DEL NOGAL MARQUEZ, Walter Petition for Exemption Alexander, Miranda, Venezuela; Entities Edificio Poli centro, Piso 4, Of. 3, 1. 1. D2 IMAGINEERING, C.A., Av. Docket No.: FAA–2017–0613. Panama, Panama; DOB 02 Oct 1969; Francisco de Miranda, Edif. Saule, piso Petitioner: The Boeing Company. citizen Venezuela; Gender Male; Cedula 7, Ofic. 72, Chacao, Caracas, Venezuela; Section(s) of 14 CFR Affected: No. 9965580 (Venezuela); Passport RIF # J–29766946–9 (Venezuela) § 25.807(g)(7). C1940147 (Venezuela) (individual) [SDNTK]. Designated pursuant to Description of Relief Sought: The [SDNTK] (Linked To: DEL BROS section 805(b)(3) of the Kingpin Act, 21 Boeing Company requests that the FAA OVERSEAS, S.A.; Linked To: DMI U.S.C. 1904(b)(3), for being owned, amend some of the conditions and TRADING INC.; Linked To: FINANCIAL controlled, or directed by, or acting for operating limitations of Exemption No. CORPORATION FINCORP, C.A.; Linked or on behalf of, MARTIN OLIVARES. 17768. To: FINANCIAL CORPORATION 2. DEL BROS OVERSEAS, S.A., Calle [FR Doc. 2018–10167 Filed 5–11–18; 8:45 am] (FINCORP INTERNATIONAL), S.A.; 73, Edificio Mirador, Piso 8, Of. A, San BILLING CODE 4910–13–P Linked To: VIC DEL INC. (OFF Francisco, Panama, Panama; RUC #

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22310 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices

1182190–1–578348 (Panama); Folio [SDNTK]. Designated pursuant to 7, Ofic. 72, Chacao, Caracas, Venezuela; Mercantil No. 578348 (Panama) section 805(b)(3) of the Kingpin Act, 21 RIF #J–31241977–6 (Venezuela) [SDNTK]. Designated pursuant to U.S.C. 1904(b)(3), for being owned, [SDNTK]. Designated pursuant to section 805(b)(3) of the Kingpin Act, 21 controlled, or directed by, or acting for section 805(b)(3) of the Kingpin Act, 21 U.S.C. 1904(b)(3), for being owned, or on behalf of, MARTIN OLIVARES. U.S.C. 1904(b)(3), for being owned, controlled, or directed by, or acting for 9. INVERSIONES MALAMAR R, C.A., controlled, or directed by, or acting for or on behalf of, DEL NOGAL Av. Intercomunal El Valle, Resid. Radio or on behalf of, MARTIN OLIVARES. MARQUEZ. Caracas, Edif. Canaima, piso 9, Apto. 16. PLM CONSULTORES, C.A., Av. 3. DMI TRADING INC., Av. Cuba y 905, El Valle, Caracas, Venezuela; RIF Francisco de Miranda, Centro Lido, Calle 30 Edificio Policentro, Piso 4, Of. #J–31267002–9 (Venezuela) [SDNTK]. Torre B, piso 10, Ofic. 102–B, El Rosal, 3, Panama, Panama; RUC # 1794418–1– Designated pursuant to section 805(b)(3) Caracas, Venezuela; RIF #J–31241965–2 of the Kingpin Act, 21 U.S.C. 1904(b)(3), 704269 (Panama); Folio Mercantil No. (Venezuela) [SDNTK]. Designated for being owned, controlled, or directed 704269 (Panama) [SDNTK]. Designated pursuant to section 805(b)(3) of the by, or acting for or on behalf of, pursuant to section 805(b)(3) of the Kingpin Act, 21 U.S.C. 1904(b)(3), for RODRIGUEZ ESPINOZA. Kingpin Act, 21 U.S.C. 1904(b)(3), for being owned, controlled, or directed by, being owned, controlled, or directed by, 10. INVERSIONES PMA 243, C.A., Calle Argentina, entre 3a y 4a Avenida, or acting for or on behalf of, MARTIN or acting for or on behalf of, DEL OLIVARES. NOGAL MARQUEZ. Casa No 86, Catia, Caracas, Venezuela; 4. FINANCIAL CORPORATION RIF #J–30835786–3 (Venezuela) 17. PLM SECURITY CONTROL (FINCORP INTERNATIONAL), S.A., [SDNTK]. Designated pursuant to GROUP, C.A., Caracas, Venezuela; RIF Panama City, Panama; RUC #1182193– section 805(b)(3) of the Kingpin Act, 21 #J–31403007–8 (Venezuela) [SDNTK]. 1–578349 (Panama); Folio Mercantil No. U.S.C. 1904(b)(3), for being owned, Designated pursuant to section 805(b)(3) 578349 (Panama) [SDNTK]. Designated controlled, or directed by, or acting for of the Kingpin Act, 21 U.S.C. 1904(b)(3), pursuant to section 805(b)(3) of the or on behalf of, MARTIN OLIVARES. for being owned, controlled, or directed Kingpin Act, 21 U.S.C. 1904(b)(3), for 11. MATSUNICHI OIL TRADER, C.A., by, or acting for or on behalf of, being owned, controlled, or directed by, Calle La Guairita con Calle Amazonas, MARTIN OLIVARES. Cto. Profesional Eurobuilding, piso 4, or acting for or on behalf of, DEL 18. PLM TRANSPORTE, C.A., Av. Ofic. 48, Urb. Chuao, Caracas, NOGAL MARQUEZ. Caurimare, Edif. San Antonio de Padua, Venezuela; RIF #J–29812490–3 5. FINANCIAL CORPORATION piso 2, Apto. 4, Urb. Colinas de Bello (Venezuela) [SDNTK]. Designated FINCORP, C.A., Cto. Ciudad Comercial Monte, Caracas, Venezuela; RIF #J– pursuant to section 805(b)(3) of the Tamanaco, Torre A, piso 3, Ofic. 308, 31242244–0 (Venezuela) [SDNTK]. Kingpin Act, 21 U.S.C. 1904(b)(3), for Urb. Chuao, Caracas, Venezuela; RIF #J– Designated pursuant to section 805(b)(3) being owned, controlled, or directed by, 31118020–6 (Venezuela) [SDNTK]. of the Kingpin Act, 21 U.S.C. 1904(b)(3), or acting for or on behalf of, MARTIN Designated pursuant to section 805(b)(3) for being owned, controlled, or directed OLIVARES. of the Kingpin Act, 21 U.S.C. 1904(b)(3), by, or acting for or on behalf of, 12. MATSUNICHI OIL TRAEADEZ MARTIN OLIVARES. for being owned, controlled, or directed 12, C.A., Calle La Guairita con Calle by, or acting for or on behalf of, DEL Amazonas, Cto. Profesional 19. TECHNO TRANSPORTE ML, NOGAL MARQUEZ. Eurobuilding, piso 4, Ofic. BB, Urb. C.A., Av. Humboldt, Quinta San Jose, 6. GRUPO CONTROL 2004, C.A., Av. Chuao, Caracas, Venezuela; RIF #J– Local 23, Urb. Bello Monte, Caracas, Fco. Solano, con Calle Acueducto, Edif. 29732037–7 (Venezuela) [SDNTK]. Venezuela; RIF #J–29732032–6 Torre Banvenez, piso 9, Ofic. C y D, Designated pursuant to section 805(b)(3) (Venezuela) [SDNTK]. Designated Sabana Grande, Caracas, Venezuela; RIF of the Kingpin Act, 21 U.S.C. 1904(b)(3), pursuant to section 805(b)(3) of the #J–31153379–6 (Venezuela) [SDNTK]. for being owned, controlled, or directed Kingpin Act, 21 U.S.C. 1904(b)(3), for Designated pursuant to section 805(b)(3) by, or acting for or on behalf of, being owned, controlled, or directed by, of the Kingpin Act, 21 U.S.C. 1904(b)(3), MARTIN OLIVARES. or acting for or on behalf of, MARTIN for being owned, controlled, or directed 13. P L M SOCIEDAD DE OLIVARES. by, or acting for or on behalf of, CORRETAJE, C.A., Caracas, Venezuela; 20. VIC DEL INC. (OFF SHORE), MARTIN OLIVARES. RIF #J–30877708–0 (Venezuela) Aquilino de la Guardia, PH Plaza Banco 7. GRUPO CONTROL SYSTEM 2004, [SDNTK]. Designated pursuant to General, Piso 20, Of. 20A, Panama, C.A., Av. Francisco de Miranda, Centro section 805(b)(3) of the Kingpin Act, 21 Panama; RUC #1794835–1–704338 Lido, Torre A, piso 10, Of. 10–02, Urb. U.S.C. 1904(b)(3), for being owned, (Panama); Folio Mercantil No. 704338 El Rosal, Caracas, Venezuela; RIF #J– controlled, or directed by, or acting for (Panama) [SDNTK]. Designated 29469218–4 (Venezuela) [SDNTK]. or on behalf of, MARTIN OLIVARES. pursuant to section 805(b)(3) of the Designated pursuant to section 805(b)(3) 14. P.L.M. GROUP SOCIEDAD DE Kingpin Act, 21 U.S.C. 1904(b)(3), for of the Kingpin Act, 21 U.S.C. 1904(b)(3), CORRETAJE DE VALORES, C.A., being owned, controlled, or directed by, for being owned, controlled, or directed Caracas, Venezuela; RIF #J–31254454–6 or acting for or on behalf of, DEL by, or acting for or on behalf of, (Venezuela) [SDNTK]. Designated NOGAL MARQUEZ. MARTIN OLIVARES. pursuant to section 805(b)(3) of the 8. INMUEBLES Y DESARROLLOS Kingpin Act, 21 U.S.C. 1904(b)(3), for Dated: May 7, 2018. WEST POINT, C.A. (f.k.a. PLM being owned, controlled, or directed by, Andrea M. Gacki, INMOBILIARIA C.A.), Av. Principal de or acting for or on behalf of, MARTIN Acting Director, Office of Foreign Assets Los Ruices, Edif. El Doral, piso 6, Ofic. OLIVARES. Control. 62, Urb. Los Ruices, Caracas, Venezuela; 15. PLM CONSORCIO, C.A., Av. [FR Doc. 2018–10142 Filed 5–11–18; 8:45 am] RIF #J–31242224–6 (Venezuela) Francisco de Miranda, Edif. Saule, piso BILLING CODE 4810–AL–P

VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 9990 E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES Vol. 83 Monday, No. 93 May 14, 2018

Part II Department of Treasury Office of the Comptroller of the Currency Federal Reserve System Federal Deposit Insurance Corporation 12 CFR Parts 1, 3, 5, et al. Regulatory Capital Rules: Implementation and Transition of the Current Expected Credit Losses Methodology for Allowances and Related Adjustments to the Regulatory Capital Rules and Conforming Amendments to Other Regulations; Proposed Rules

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22312 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

DEPARTMENT OF TREASURY covered under ASU 2016–13. In include any information in your addition, the agencies are proposing to comment or supporting materials that Office of the Comptroller of the make amendments to their stress testing you consider confidential or Currency regulations so that covered banking inappropriate for public disclosure. organizations that have adopted ASU You may review comments and other 12 CFR Parts 1, 3, 5, 23, 24, 32, 34, and 2016–13 would not include the effect of related materials that pertain to this 46 ASU 2016–13 on their provisioning for rulemaking action by any of the following methods: [Docket ID OCC–2018–0009] purposes of stress testing until the 2020 stress test cycle. Finally, the agencies • Viewing Comments Electronically: RIN 1557–AE32 are proposing to make conforming Go to www.regulations.gov. Enter amendments to their other regulations ‘‘Docket ID OCC–2018–0009’’ in the FEDERAL RESERVE SYSTEM that reference credit loss allowances. Search box and click ‘‘Search.’’ Click on DATES: ‘‘Open Docket Folder’’ on the right side 12 CFR Parts 208, 211, 215, 217, 223, Comments must be received by July 13, 2018. of the screen. Comments and supporting 225, and 252 materials can be viewed and filtered by ADDRESSES: Comments should be [Regulation Q; Docket No. R–1605] clicking on ‘‘View all documents and directed to: comments in this docket’’ and then RIN 7100–AF04 OCC: You may submit comments to using the filtering tools on the left side the OCC by any of the methods set forth of the screen. FEDERAL DEPOSIT INSURANCE below. Commenters are encouraged to • Click on the ‘‘Help’’ tab on the CORPORATION submit comments through the Federal Regulations.gov home page to get eRulemaking Portal or email, if possible. information on using Regulations.gov. 12 CFR Parts 324, 325, 327, 347, and Please use the title ‘‘Regulatory Capital The docket may be viewed after the 390 Rules: Implementation and Transition of close of the comment period in the same the Current Expected Credit Losses RIN 3064–AE74 manner as during the comment period. Methodology for Allowances and Viewing Comments Personally: You Regulatory Capital Rules: Related Adjustments to the Regulatory may personally inspect comments at the Implementation and Transition of the Capital Rules and Conforming OCC, 400 7th Street SW, Washington, Current Expected Credit Losses Amendments to Other Regulations’’ to DC 20219. For security reasons, the OCC Methodology for Allowances and facilitate the organization and requires that visitors make an Related Adjustments to the Regulatory distribution of the comments. You may appointment to inspect comments. You Capital Rules and Conforming submit comments by any of the may do so by calling (202) 649–6700 or, Amendments to Other Regulations following methods: for persons who are hearing impaired, • Federal eRulemaking Portal— TTY, (202) 649–5597. Upon arrival, AGENCY: Office of the Comptroller of the ‘‘Regulations.gov’’: Go to visitors will be required to present valid Currency (OCC), the Board of Governors www.regulations.gov. Enter ‘‘Docket ID government-issued photo identification of the Federal Reserve System (Board), OCC–2018–0009’’ in the Search Box and and submit to security screening in and the Federal Deposit Insurance click ‘‘Search.’’ Click on ‘‘Comment order to inspect comments. Corporation (FDIC). Now’’ to submit public comments. Board: You may submit comments, • ACTION: Notice of proposed rulemaking. Click on the ‘‘Help’’ tab on the identified by Docket No. R–1605 and Regulations.gov home page to get RIN 7100–AF04, by any of the following SUMMARY: The Office of the Comptroller information on using Regulations.gov, methods: of the Currency, the Board of Governors including instructions for submitting • Agency Website: http:// of the Federal Reserve System, and the public comments. www.federalreserve.gov. Follow the Federal Deposit Insurance Corporation • Email: regs.comments@ instructions for submitting comments at (collectively, the agencies) are inviting occ.treas.gov. http://www.federalreserve.gov/ public comment on a joint proposal to • Mail: Legislative and Regulatory generalinfo/foia/ProposedRegs.cfm. address changes to U.S. generally Activities Division, Office of the • Email: regs.comments@ accepted accounting principles (U.S. Comptroller of the Currency, 400 7th federalreserve.gov. Include docket GAAP) described in Accounting Street SW, suite 3E–218, Washington, number in the subject line of the Standards Update No. 2016–13, Topic DC 20219. message. 326, Financial Instruments—Credit • Hand Delivery/Courier: 400 7th • Fax: (202) 452–3819 or (202) 452– Losses (ASU 2016–13), including Street SW, suite 3E–218, Washington, 3102. banking organizations’ implementation DC 20219. • Mail: Ann E. Misback, Secretary, of the current expected credit losses • Fax: (571) 465–4326. Board of Governors of the Federal methodology. Specifically, the proposal Instructions: You must include Reserve System, 20th Street and would revise the agencies’ regulatory ‘‘OCC’’ as the agency name and ‘‘Docket Constitution Avenue NW, Washington, capital rules to identify which credit ID OCC–2018–0009’’ in your comment. DC 20551. All public comments are loss allowances under the new In general, the OCC will enter all available from the Board’s website at accounting standard are eligible for comments received into the docket and http://www.federalreserve.gov/ inclusion in regulatory capital and to publish them on the Regulations.gov generalinfo/foia/ProposedRegs.cfm as provide banking organizations the website without change, including any submitted, unless modified for technical option to phase in the day-one adverse business or personal information that reasons or to remove sensitive PII at the effects on regulatory capital that may you provide such as name and address commenter’s request. Public comments result from the adoption of the new information, email addresses, or phone may also be viewed electronically or in accounting standard. The proposal also numbers. Comments received, including paper form in Room 3515, 1801 K Street would amend certain regulatory attachments and other supporting NW (between 18th and 19th Streets disclosure requirements to reflect materials, are part of the public record NW), Washington, DC 20006 between applicable changes to U.S. GAAP and subject to public disclosure. Do not 9:00 a.m. and 5:00 p.m. on weekdays.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22313

FDIC: You may submit comments, (202) 898–6888; or Michael Phillips, methodology (CECL), which replaces identified by RIN 3064–AE74, by any of Acting Supervisory Counsel, mphillips@ the incurred loss methodology for the following methods: fdic.gov; Catherine Wood, Counsel, financial assets measured at amortized • Agency Website: https:// [email protected]; or Benjamin Klein, cost, and the term, purchased credit- www.fdic.gov/regulations/laws/federal/. Counsel, [email protected]; Supervision deteriorated (PCD) assets, which Follow instructions for submitting Branch, Legal Division, Federal Deposit replaces the term, purchased credit- comments on the Agency website. Insurance Corporation, 550 17th Street impaired (PCI) assets, and modifies the • Mail: Robert E. Feldman, Executive NW, Washington, DC 20429. treatment of credit losses on available- Secretary, Attention: Comments/Legal SUPPLEMENTARY INFORMATION: for-sale (AFS) debt securities. ESS, Federal Deposit Insurance The new accounting standard for Corporation, 550 17th Street NW, Table of Contents credit losses will apply to all banking Washington, DC 20429. I. Background organizations 2 that are subject to the • Hand Delivery/Courier: Comments A. Overview of Changes to U.S. Generally regulatory capital rules 3 (capital rules) may be hand-delivered to the guard Accepted Accounting Principles of the Office of the Comptroller of the station at the rear of the 550 17th Street B. Regulatory Capital Currency (OCC), the Board of Governors II. Description of the Proposed Rule Building (located on F Street) on of the Federal Reserve System (Board), A. Proposed Revisions to the Capital Rules and the Federal Deposit Insurance business days between 7:00 a.m. and To Reflect the Change in U.S. GAAP 5:00 p.m. 1. Introduction of Allowance for Credit Corporation (FDIC) (collectively, the • Email: [email protected]. Losses as a Newly Defined Term agencies), and that file regulatory Include RIN 3064–AE74 on the subject 2. Definition of Carrying Value reports for which the reporting line of the message. i. Available-for-Sale Debt Securities requirements are required to conform to • Public Inspection: All comments ii. Purchased Credit-Deteriorated Assets U.S. GAAP.4 received must include the agency name 3. Additional Considerations CECL differs from the incurred loss B. CECL Transition Provision methodology in several key respects. and RIN 3064–AE74 for this rulemaking. 1. Election of the Optional CECL Transition All comments received will be posted First, CECL requires banking Provision organizations to recognize lifetime without change to http://www.fdic.gov/ 2. Mechanics of the CECL Transition regulations/laws/federal/, including any Provision expected credit losses for financial personal information provided. Paper 3. CECL Transition Provision Time Period assets measured at amortized cost, not copies of public comments may be 4. Business Combinations just those credit losses that have been ordered from the FDIC Public 5. Supervisory Oversight incurred as of the reporting date. CECL C. Additional Requirements for Advanced also requires the incorporation of Information Center, 3501 North Fairfax Approaches Banking Organizations Drive, Room E–1002, Arlington, VA reasonable and supportable forecasts in D. Disclosures and Regulatory Reporting developing an estimate of lifetime 22226, or by telephone at (877) 275– E. Conforming Changes to Other Agency expected credit losses, while 3342 or (703) 562–2200. Regulations maintaining the current requirement for FOR FURTHER INFORMATION CONTACT: 1. OCC Regulations 2. Board Regulations banking organizations to consider past OCC: Mark Ginsberg, Senior Risk 3. FDIC Regulations events and current conditions. Expert, (202) 649–6983; or Kevin F. Additional Requests for Comments Furthermore, the probable threshold for Korzeniewski, Counsel, Legislative and III. Regulatory Analyses recognition of allowances in accordance Regulatory Activities Division, (202) A. Paperwork Reduction Act with the incurred loss methodology is 649–5490; or for persons who are B. Regulatory Flexibility Act removed under CECL. Taken together, hearing impaired, TTY, (202) 649–5597. C. Plain Language estimating expected credit losses over D. OCC Unfunded Mandates Reform Act of Board: Constance M. Horsley, Deputy the life of an asset under CECL, Associate Director, (202) 452–5239; Juan 1995 E. Riegle Community Development and including consideration of reasonable Climent, Manager, (202) 872–7526; Regulatory Improvement Act of 1994 and supportable forecasts but without Andrew Willis, Senior Supervisory applying the probable threshold that Financial Analyst, (202) 912–4323; or I. Background exists under the incurred loss Noah Cuttler, Senior Financial Analyst, A. Overview of Changes to U.S. (202) 912–4678, Division of Supervision Generally Accepted Accounting 2 Banking organizations subject to the capital and Regulation; or Benjamin W. Principles rules include national banks, state member banks, McDonough, Assistant General Counsel, state nonmember banks, savings associations, and In June 2016, the Financial top-tier bank holding companies and savings and (202) 452–2036; David W. Alexander, loan holding companies domiciled in the United Counsel, (202) 452–2877; or Asad Accounting Standards Board (FASB) States not subject to the Board’s Small Bank Kudiya, Senior Attorney, (202) 475– issued Accounting Standards Update Holding Company Policy Statement (12 CFR part 6358, Legal Division, Board of (ASU) No. 2016–13, Topic 326, 225, appendix C), but exclude certain savings and Financial Instruments—Credit Losses,1 loan holding companies that are substantially Governors of the Federal Reserve engaged in insurance underwriting or commercial System, 20th and C Streets NW, which revises the accounting for credit activities or that are estate trusts, and bank holding Washington, DC 20551. For the hearing losses under U.S. generally accepted companies and savings and loan holding companies impaired only, Telecommunication accounting principles (U.S. GAAP). that are employee stock ownership plans. 3 12 CFR part 3 (OCC); 12 CFR part 217 (Board); Device for the Deaf, (202) 263–4869. ASU No. 2016–13 introduces the current expected credit losses 12 CFR part 324 (FDIC). FDIC: Benedetto Bosco, Chief, 4 See 12 U.S.C. 1831n; see also Instructions for [email protected]; David Riley, Senior Preparation of Consolidated Financial Statements 1 Policy Analyst, [email protected]; ASU No. 2016–13 introduces ASC Topic 326 for Holding Companies, Reporting Form FR Y–9C which covers measurement of credit losses on (Reissued March 2013); Instructions for Preparation Richard Smith, Capital Markets Policy financial instruments and includes three subtopics: of Consolidated Reports of Condition and Income, Analyst, [email protected]; Michael (i) Subtopic 10 Financial Instruments—Credit Reporting Forms FFIEC 031 and FFIEC 041 (last Maloney, Senior Policy Analyst, Losses—Overall; (ii) Subtopic 20: Financial update September 2017); Instructions for [email protected]; Capital Markets Instruments—Credit Losses—Measured at Preparation of Consolidated Reports of Condition Amortized Cost; and (iii) Subtopic 30: Financial and Income for a Bank with Domestic Offices Only Branch, Division of Risk Management Instruments—Credit Losses—Available-for-Sale and Total Assets Less than $1 Billion, Reporting Supervision, [email protected], Debt Securities. Form FFIEC 051 (last update September 2017).

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22314 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

methodology, results in earlier current treatment of PCI assets, for would be recognized with offsetting recognition of credit losses. which banking organizations are not entries to deferred tax assets (DTAs), if In addition, CECL replaces multiple permitted to estimate and recognize appropriate, and to the fiscal year’s impairment approaches in existing U.S. credit loss allowances at the time of beginning retained earnings. GAAP. CECL allowances will cover a purchase. Rather, in general, credit loss The effective date of ASU No. 2016– broader range of financial assets than allowances for PCI assets are estimated 13 varies for different banking allowance for loan and lease losses subsequent to the purchase only if there organizations. For banking organizations (ALLL) under the incurred loss is deterioration in the expected cash that are U.S. Securities and Exchange methodology. Under the incurred loss flows from the assets. 6 methodology, in general, ALLL covers ASU No. 2016–13 also introduces Commission (SEC) filers, ASU No. credit losses on loans held for new requirements for AFS debt 2016–13 will become effective for the investment and lease financing securities. The new accounting standard first fiscal year beginning after receivables, with additional allowances requires that a banking organization December 15, 2019, including interim for certain other extensions of credit and recognize credit losses on individual periods within that fiscal year. For allowances for credit losses on certain AFS debt securities through credit loss banking organizations that are public off-balance sheet credit exposures (with allowances, rather than through direct business entities (PBE) 7 but not SEC the latter allowances presented as a write-downs, as is currently required filers (as defined in U.S. GAAP), ASU liability).5 These exposures will be under U.S. GAAP. AFS debt securities No. 2016–13 will become effective for within the scope of CECL. In addition, will continue to be measured at fair the first fiscal year beginning after CECL covers credit losses on held-to- value, with changes in fair value not December 15, 2020, including interim maturity (HTM) debt securities. As related to credit losses recognized in periods within that fiscal year. For mentioned above, ASU No. 2016–13 other comprehensive income. Credit banking organizations that are not PBEs also introduces PCD assets as a loss allowances on an AFS debt security (as defined in U.S. GAAP), ASU No. replacement for PCI assets. The PCD are limited to the amount by which the 2016–13 will become effective for the asset definition covers a broader range security’s fair value is less than its first fiscal year beginning after of assets than the PCI asset definition. amortized cost. December 15, 2020; however, these CECL requires banking organizations to Upon adoption of CECL, a banking banking organizations will not be estimate and record credit loss organization will record a one-time required to adopt ASU No. 2016–13 for allowances for a PCD asset at the time adjustment to its credit loss allowances interim period reporting until the first of purchase. The credit loss allowance as of the beginning of its fiscal year of fiscal year that begins after December is then added to the purchase price to adoption equal to the difference, if any, 15, 2021. A banking organization that determine the amortized cost basis of between the amount of credit loss chooses to apply ASU No. 2016–13 the asset for financial reporting allowances required under the incurred early may do so in the first fiscal year purposes. Post-acquisition increases in loss methodology and the amount of beginning after December 15, 2018, credit loss allowances on PCD assets credit loss allowances required under including interim periods. The will be established through a charge to CECL. Except for PCD assets, the following table provides a summary of earnings. This is different from the adjustment to credit loss allowances the effective dates.

CECL EFFECTIVE DATES

Regulatory report U.S. GAAP effective date effective date *

PBEs that are SEC Filers ...... Fiscal years beginning after 12/15/2019, including interim periods 3/31/2020. within those fiscal years. Other PBEs (Non-SEC Filers) ...... Fiscal years beginning after 12/15/2020, including interim periods 3/31/2021. within those fiscal years. Non-PBEs ...... Fiscal years beginning after 12/15/2020, and interim periods for fiscal 12/31/2021. years beginning after 12/15/2021. Early Application ...... Early application permitted for fiscal years beginning after 12/15/ 3/31 of year of effective date of 2018, including interim periods within those fiscal years. early application of ASU 2016– 13. * For institutions with calendar year-ends.

B. Regulatory Capital earnings, DTAs, and allowances will component of a banking organization’s Changes necessitated by CECL to a affect its regulatory capital ratios.8 common equity tier 1 (CET1) capital. An banking organization’s retained Specifically, retained earnings are a key increase in a banking organization’s

5 ‘‘Other extensions of credit’’ includes trade and that is required to file its financial statements with to contractual restrictions on transfer and is reinsurance receivables, and receivables that relate the SEC under the federal securities laws or, for an required by law, contract, or regulation to prepare to repurchase agreements and securities lending insured depository institution, the appropriate U.S. GAAP financial statements (including agreements. ‘‘Off-balance sheet credit exposures’’ federal banking agency under section 12(i) of the footnotes) and make them publicly available includes off-balance sheet credit exposures not Securities Exchange Act of 1934. The banking periodically (e.g., pursuant to Section 36 of the accounted for as insurance, such as loan agencies named under section 12(i) of the Securities Federal Deposit Insurance Act and part 363 of the commitments, standby letters of credit, and Exchange Act of 1934 are the OCC, the Board, and financial guarantees. The agencies note that credit the FDIC. FDIC’s rules). For further information on the losses for off-balance sheet credit exposures that are 7 A public business entity (PBE) that is not an SEC definition of a PBE, refer to ASU No. 2013–12, unconditionally cancellable by the issuer are not filer would include: (1) An entity that has issued Definition of a Public Business Entity, issued in recognized under CECL. securities that are traded, listed, or quoted on an December 2013. 6 An SEC filer is an entity (e.g., a bank holding over-the-counter market, or (2) an entity that has 8 12 CFR 3.20 (OCC); 12 CFR 217.20 (Board); 12 company or savings and loan holding company) issued one or more securities that are not subject CFR 324.20 (FDIC).

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22315

allowances, including those estimated rules to identify which credit loss allowances to reflect the under CECL, generally will reduce the allowances under the new accounting implementation of ASU No. 2016–13. banking organization’s earnings or standard are eligible for inclusion in a A. Proposed Revisions to the Capital retained earnings, and therefore its banking organization’s regulatory Rules To Reflect the Change in U.S. CET1 capital.9 DTAs arising from capital.15 In particular, the agencies are GAAP temporary differences (temporary proposing to add allowance for credit difference DTAs) must be included in a losses (ACL) as a newly defined term in 1. Introduction of Allowances for Credit banking organization’s risk-weighted the capital rules. ACL would include Losses as a Newly Defined Term assets or deducted from CET1 capital if credit loss allowances related to they exceed certain thresholds. financial assets measured at amortized The agencies are proposing to revise Increases in allowances generally give cost, except for allowances for PCD the capital rules to reflect the revised rise to increases in temporary difference assets. ACL would be eligible for accounting standard for credit losses DTAs that will partially offset the inclusion in a banking organization’s under U.S. GAAP as it relates to banking reduction in earnings or retained tier 2 capital subject to the current limit organizations’ calculation of regulatory earnings.10 Under the standardized for including ALLL in tier 2 capital capital ratios. Under the proposal, the approach of the capital rules, ALLL is under the capital rules. new term ACL, rather than ALLL, would included in a banking organization’s tier Further, the agencies are proposing to apply to a banking organization that has 2 capital up to 1.25 percent of its revise the capital rules, as applicable to adopted CECL. Consistent with the standardized total risk-weighted assets an advanced approaches banking treatment of ALLL under the capital (excluding its standardized market risk- organization that has adopted CECL, rules’ standardized approach, amounts weighted assets, if applicable).11 An and that has completed the parallel run of ACL would be eligible for inclusion advanced approaches banking process, to align the definition of in a banking organization’s tier 2 capital organization 12 that has completed the eligible credit reserves with the up to 1.25 percent of the banking parallel run process 13 includes in its definition of ACL in this proposal. For organization’s standardized total risk- advanced-approaches-adjusted total such a banking organization, the weighted assets (excluding its capital any eligible credit reserves that proposal would retain the current limit standardized market risk-weighted exceed the banking organization’s total for including eligible credit reserves in assets, if applicable). expected credit losses, as defined in the tier 2 capital. CECL allowances cover a broader capital rules, to the extent that the The proposal also would provide a range of financial assets than ALLL excess reserve amount does not exceed separate capital treatment for under the incurred loss methodology. 0.6 percent of the banking organization’s allowances associated with AFS debt Under the capital rules, ALLL includes credit risk-weighted assets.14 securities and PCD assets that would valuation allowances that have been apply to all banking organizations upon II. Description of the Proposed Rule established through a charge against adoption of ASU 2016–13. earnings to cover estimated credit losses To address the forthcoming In addition, the agencies are on loans or other extensions of credit as implementation of changes to U.S. proposing to provide banking determined in accordance with U.S. GAAP resulting from the FASB’s organizations the option to phase in the GAAP. Under CECL, credit loss issuance of ASU No. 2016–13 and to day-one adverse regulatory capital allowances represent an accounting improve consistency between the effects of CECL adoption over a three- valuation account, measured as the capital rules and U.S. GAAP, the year period (CECL transition provision). difference between the financial assets’ agencies propose to amend their capital The CECL transition provision is amortized cost basis and the amount intended to address banking expected to be collected on the financial 9 However, allowances recognized on PCD assets organizations’ challenges in capital upon adoption of CECL and upon later purchases assets (i.e., lifetime credit losses). Thus, of PCD assets generally would not reduce the planning for CECL implementation, ACL would include allowances for banking organization’s earnings, retained earnings, including the uncertainty of economic expected credit losses on HTM debt or CET1 capital. conditions at the time a banking securities and lessors’ net investments 10 Deferred tax assets are a result of deductible organization adopts CECL. in leases that have been established to temporary differences and carryforwards which The proposed rule also would revise result in a decrease in taxes payable in future years. reduce these assets to amounts expected 11 Any amount of ALLL greater than the 1.25 regulatory disclosure requirements that to be collected, as determined in percent limit is deducted from standardized total would apply to certain banking accordance with U.S. GAAP. ACL also risk-weighted assets. organizations following their adoption would include allowances for expected 12 A banking organization is an advanced 16 of CECL. Revisions to the agencies’ credit losses on off-balance sheet credit approaches banking organization if it has regulatory reports will be proposed in a consolidated assets of at least $250 billion or if it exposures not accounted for as has consolidated on-balance sheet foreign separate notice. Finally, the proposed insurance, as determined in accordance exposures of at least $10 billion, or if it is a rule would make conforming with U.S. GAAP. As described below, subsidiary of a depository institution, bank holding amendments to the agencies’ other company, savings and loan holding company, or however, credit loss allowances related intermediate holding company that is an advanced regulations that refer to credit loss to AFS debt securities and PCD assets approaches banking organization. See 12 CFR 3.100 would not be included in the definition (OCC); 12 CFR 217.100 (Board); 12 CFR 324.100 15 Note that under section 37 of the Federal (FDIC). Deposit Insurance Act, the accounting principles of ACL. As with the treatment of ALLL, 13 An advanced approaches banking organization applicable to reports or statements required to be ACL under the proposal also would is considered to have completed the parallel run filed with the agencies by all insured depository exclude allocated transfer risk reserves. process once it has completed the advanced institutions must be uniform and consistent with approaches qualification process and received GAAP. See 12 U.S.C. 1831n(a)(2)(A). Consistency in Question 1: The agencies request notification from its primary federal regulator reporting under the statute would be addressed by comment on whether use of the term pursuant to section 121(d) of subpart E of the the agencies’ CECL revisions to the Call Report ‘‘allowance for credit losses’’ within the capital rules. See 12 CFR 3.121(d) (OCC); 12 CFR pursuant to the Paperwork Reduction Act. capital rules would present operational 217.121(d) (Board); 12 CFR 324.121(d) (FDIC). 16 For certain banking organizations, sections 63 14 12 CFR 3.10(c)(3)(ii) (OCC); 12 CFR and 173 of the capital rules require disclosure of or other challenges, or generally cause 217.10(c)(3)(ii) (Board); and 12 CFR 324.10(c)(3)(ii) items such as capital structure, capital adequacy, confusion for banking organizations, (FDIC). credit risk, and credit risk mitigation. given other contextual uses for the term,

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22316 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

particularly in U.S. GAAP and through a charge to earnings. Post- To the extent the agencies determine accounting guidance. acquisition increases in allowances for that further revisions to the capital rules PCD assets will be established through are necessary, the agencies would seek 2. Definition of Carrying Value a charge against earnings. comment through a separate proposal. The agencies are proposing to revise Including in tier 2 capital allowances the regulatory definition of carrying that have not been charged against B. CECL Transition Provision value under the capital rules to provide earnings would diminish the quality of As discussed above, upon adopting that, for all assets other than AFS debt regulatory capital. Accordingly, the CECL, a banking organization will securities and PCD assets, the carrying agencies are proposing to maintain the record an adjustment to its credit loss value is not reduced by any associated requirement that valuation allowances allowances equal to the difference credit loss allowance. be charged against earnings in order to between the amount of credit loss allowances required under the incurred i. Available-for-Sale Debt Securities be eligible for inclusion in tier 2 capital. The agencies also are clarifying that loss methodology and the amount of Current accounting standards require valuation allowances that are charged to credit loss allowances required under a banking organization to make an retained earnings in accordance with CECL. Some banking organizations have individual assessment of each of its AFS U.S. GAAP (i.e., the allowances required expressed concerns about the difficulty debt securities and take a direct write- at CECL adoption) are eligible for in capital planning due to the down for credit losses when such a inclusion in tier 2 capital. The agencies uncertainty about the economic security is other-than-temporarily considered proposing to allow banking environment at the time of CECL impaired. The amount of the write- organizations to bifurcate PCD adoption. This is largely because CECL down is against earnings, which reduces allowances to include only post- requires banking organizations to CET1 capital and also results in a acquisition allowances in the definition consider current and future expected reduction in the same amount of the of ACL. The agencies are concerned, economic conditions to estimate carrying value of the AFS debt security. however, that a bifurcated approach allowances and these conditions will ASU No. 2016–13 revises the could create undue complexity and not be known until closer to a banking accounting for credit impairment of AFS burden for banking organizations when organization’s CECL adoption date. debt securities by requiring banking determining the amount of credit loss Therefore, it is possible that despite organizations to determine whether a allowances for PCD assets eligible for adequate planning to prepare for the decline in fair value below an AFS debt inclusion in tier 2 capital. Therefore, the implementation of CECL, unexpected security’s amortized cost resulted from proposal excludes PCD allowances from economic conditions at the time of a credit loss, and to record any such being included in tier 2 capital. The CECL adoption could result in higher- credit impairment through earnings proposal also revises the definition of than-anticipated increases in with a corresponding allowance. Similar carrying value such that for PCD assets allowances. To address these concerns, to the current regulatory treatment of the carrying value is calculated net of the agencies are proposing to provide a credit-related losses for other-than- allowances. This treatment of PCD banking organization with the option to temporary impairment, under the assets would, in effect, reduce a banking phase in over a three-year period the proposal all credit losses recognized on organization’s standardized total risk- day-one adverse effects of CECL on the AFS debt securities would flow through weighted assets, similar to the proposed banking organization’s regulatory to CET1 capital and reduce the carrying treatment for credit loss allowances for capital ratios. value of the AFS debt security. Since AFS debt securities. 1. Election of the Optional CECL the carrying value of an AFS debt Question 2: The agencies are security is its fair value, which would requesting comment on whether the Transition Provision reflect any credit impairment, credit definition of ACL is appropriate for Under the proposal, a banking loss allowances for AFS debt securities determining the amount of allowances organization that experiences a required under the new accounting that may be included in a banking reduction in retained earnings as of the standard would not be eligible for organization’s tier 2 capital and whether CECL adoption date may elect to phase inclusion in a banking organization’s the approach to AFS debt securities and in the regulatory capital impact of tier 2 capital. PCD assets is appropriate. What, if any, adopting CECL over a three-year alternatives with respect to the transition period (electing banking ii. Purchased Credit-Deteriorated Assets treatment of ACL, AFS debt securities, organization). An electing banking Under the new accounting standard, and PCD assets should the agencies organization would be required to begin PCD assets are acquired individual consider and what are the associated applying the CECL transition provision financial assets (or acquired groups of advantages and disadvantages of such as of the electing banking organization’s financial assets with shared risk alternatives? CECL adoption date. An electing characteristics) that, as of the date of banking organization would indicate in acquisition and as determined by an 3. Additional Considerations its regulatory report its election to use acquirer’s assessment, have experienced The agencies are not proposing to the CECL transition provision beginning a more-than-insignificant deterioration change the limit of 1.25 percent of risk- in the quarter that it first reports its in credit quality since origination. The weighted assets governing the amount of credit loss allowances as measured new accounting standard will require a ACL eligible for inclusion in tier 2 under CECL.17 banking organization to estimate capital. The agencies intend to monitor A banking organization that does not expected credit losses that are the effects of this limit on regulatory elect to use the CECL transition embedded in the purchase price of a capital and bank lending practices. This provision in the quarter that it first PCD asset and recognize these amounts ongoing monitoring will include the as an allowance as of the date of review of data, including data provided 17 An insured depository institution would acquisition. As such, the initial by banking organizations, and will assist indicate its election to use the CECL transition provision on its Consolidated Reports of Condition allowance amount for a PCD asset the agencies in determining whether a and Income. A holding company would indicate its recorded on a banking organization’s further change to the capital rules’ election to use the CECL transition provision on its balance sheet will not be established treatment of ACL might be warranted. FR Y–9C.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22317

reports its credit loss allowances as electing banking organization adopts transitional amount during the first year measured under CECL would not be CECL (post-CECL amount) for the of the transition period, by 50 percent permitted to make an election in following items: Retained earnings, of its DTA transitional amount during subsequent reporting periods and would temporary difference DTAs, and credit the second year of the transition period, be required to reflect the full effect of loss allowances eligible for inclusion in and by 25 percent of its DTA CECL in its regulatory capital ratios as regulatory capital. The differences transitional amount during the third of the banking organization’s CECL determined for each of these items year of the transition period. The adoption date. For example, a banking would constitute the transitional banking organization would phase in organization that adopts CECL as of amounts that an electing banking the ACL transitional amount by January 1, 2020, and does not elect to organization would phase in to its decreasing the amount of its ACL by 75 use the CECL transition provision in its regulatory capital calculations over the percent of its ACL transitional amount regulatory report as of March 31, 2020, proposed transition period, which during the first year of the transition would not be permitted to use the CECL would be the three-year period (twelve period, by 50 percent of its ACL transition provision in any subsequent quarters) beginning the first day of the transitional amount during the second reporting period. fiscal year in which the electing banking year of the transition period, and by 25 A banking organization that is a non- organization adopts CECL. percent of its ACL transitional amount PBE must adopt CECL no later than for Specifically, under the proposed rule, during the third year of the transition fiscal years beginning after December an electing banking organization’s CECL period. Finally, for regulatory capital 15, 2020, and for interim periods for transitional amount would be ratio calculation purposes, the electing fiscal years beginning after December determined as the difference between its banking organization would increase the 15, 2021. As a result, unless it chooses pre-CECL and post-CECL amounts of amount of its average total consolidated to adopt CECL as of an earlier date, such retained earnings (CECL transitional assets by its CECL transitional amount a banking organization with a calendar amount). An electing banking over the transition period on the same fiscal year will initially reflect CECL in organization’s DTA transitional amount straight line basis (i.e., increasing its regulatory report filed as of would be determined as the difference average total consolidated assets by 75 December 31, 2021, even though CECL between its pre-CECL and post-CECL percent of the CECL transitional amount was effective for that banking amounts of temporary difference DTAs during year 1, by 50 percent during year organization as of the first day of the (DTA transitional amount). An electing 2, and by 25 percent during year 3 of the fiscal year. Such a banking banking organization’s ACL transitional transition period). organization’s regulatory capital would amount would be determined as the For example, consider a hypothetical not be affected by CECL during the first difference between its pre-CECL amount electing banking organization that has a three reporting periods of 2021 and of ALLL and its post-CECL amount of CECL effective date of January 1, 2020, therefore the banking organization ACL (ACL transitional amount). and a 21 percent tax rate. On the closing would initially be eligible to elect the Under the standardized approach, an balance sheet date immediately prior to CECL transition provision in its electing banking organization would adopting CECL (i.e., December 31, December 31, 2021 regulatory report. phase in over the transition period its 2019), the electing banking organization The second year of the transition period CECL transitional amount, DTA has $10 million in retained earnings and would begin in the banking transitional amount, and ACL $1 million of ALLL. On the opening organization’s March 31, 2022 transitional amount. The electing balance sheet date immediately after regulatory report. banking organization also would phase adopting CECL (i.e., January 1, 2020), Under the proposed rule, a depository in over the transition period the CECL the electing banking organization has institution holding company subject to transitional amount to its average total $1.2 million of ACL. The electing the Board’s capital rule and each of its consolidated assets for purposes of banking organization would recognize subsidiary insured depository calculating the tier 1 leverage ratio. Each the adoption of CECL by recording an institutions would be eligible to make a transitional amount would be phased in increase to ACL (credit) of $200,000, CECL transition provision election over the transition period on a straight with an offsetting increase in temporary independent of one another. line basis. difference DTAs of $42,000 (debit), and Thus, for regulatory capital ratio a reduction in beginning retained 2. Mechanics of the CECL Transition calculation purposes, an electing earnings of $158,000 (debit). For each of Provision banking organization would phase in the quarterly reporting periods in year 1 The CECL transition provision is the CECL transitional amount by of the transition period (i.e., 2020), the designed to phase in the day-one increasing its retained earnings by 75 electing banking organization would adverse impact on a banking percent of its CECL transitional amount increase both retained earnings and organization’s regulatory capital ratios during the first year of the transition average total consolidated assets by resulting from its adoption of CECL. To period, by 50 percent of its CECL $118,500 ($158,000 x 75 percent), calculate its transitional amounts under transitional amount during the second decrease temporary difference DTAs by the CECL transition provision, an year of the transition period, and by 25 $31,500 ($42,000 × 75 percent), and electing banking organization would percent of its CECL transitional amount decrease ACL by $150,000 ($200,000 × compare the difference between its during the third year of the transition 75 percent) for purposes of calculating closing balance sheet amount for the period. The electing banking its regulatory capital ratios. The fiscal year-end immediately prior to its organization would phase in the DTA remainder of the CECL transition adoption of CECL (pre-CECL amount) transitional amount by decreasing the provision would be transitioned into and its balance sheet amount as of the amount of its temporary difference regulatory capital according to the beginning of the fiscal year in which the DTAs by 75 percent of its DTA schedule provided in Table 1.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22318 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

TABLE 1—EXAMPLE OF A CECL TRANSITION PROVISION SCHEDULE

Transitional Transitional amounts applicable during each amounts year of the transition period In thousands Column A Column B Column C Column D Year 1 at 75% Year 2 at 50% Year 3 at 25%

Increase retained earnings and average total consolidated assets by the CECL transitional amount ...... $158 $118.50 $79 $39.50 Decrease temporary difference DTAs by the DTA transitional amount ...... 42 31.50 21 10.50 Decrease ACL by the ACL transitional amount ...... 200 150 100 50

The result of the CECL transition CECL on banking organizations’ organization are generally measured at provision for an electing banking regulatory capital ratios. What are the fair value at the time of the business organization would be to phase in the pros and cons of such alternative combination. effect of the adoption of CECL in its approaches? Question 5: The agencies seek regulatory capital ratios in a uniform comment on the proposed treatment of 3. CECL Transition Provision Time manner. The phase in of the CECL Period business combinations and other transitional amount to retained earnings potential approaches to treating would mitigate the decrease in an As noted, the agencies are proposing business combinations within the electing banking organization’s CET1 a phase-in period of three years. ASU context of the CECL transition provision. capital resulting from CECL adoption, No. 2016–13 was issued in 2016 and What are the pros and cons of such and would increase during the becomes mandatory in 2020 at the alternative approaches? transition period the level at which the earliest, which provides banking 5. Supervisory Oversight capital rule’s CET1 capital deduction organizations with at least four years to thresholds would be triggered. The DTA plan for CECL implementation. While For purposes of determining whether transitional amount would phase in the the agencies recognize that a banking an electing banking organization is in amount of an electing banking organization will better understand the compliance with its regulatory capital organization’s temporary difference macroeconomic factors that may affect requirements (including capital buffer DTAs subject to the CET1 capital the size of the banking organization’s and prompt corrective action (PCA) deduction thresholds and the amount of one-time adjustment to CECL closer to requirements), the agencies would use temporary difference DTAs included in its CECL adoption date, the agencies the electing banking organization’s risk-weighted assets. The ACL view a period of four years to plan for regulatory capital ratios as adjusted by transitional amount would phase in the CECL, combined with the proposed the CECL transition provision. Through amount of ACL that an electing banking three-year transition period, as a the supervisory process, the agencies organization may include in its tier 2 sufficient amount of time for a banking would continue to examine banking capital up to the limit of 1.25 percent of organization to adjust and adapt to any organizations’ credit loss estimates and its standardized total risk-weighted immediate adverse effects on regulatory allowance balances regardless of assets (excluding its standardized capital ratios resulting from CECL whether the banking organization has market risk-weighted assets, if adoption. elected to use the CECL transition applicable). Finally, for purposes of an Question 4: The agencies seek provision. In addition, the agencies may electing banking organization’s tier 1 comment on the sufficiency of the monitor electing banking organizations leverage ratio calculation, the addition proposed three-year transition period. to ensure that such banking of the CECL transitional amount to Would a different time period be more organizations have adequate capital at average total consolidated assets would appropriate? If so, why? the expiration of their CECL transition offset the immediate decrease that 4. Business Combinations provision period. would otherwise occur as a result of the Under the proposal, an electing C. Additional Requirements for adjustments to ACL and temporary banking organization that acquires Advanced Approaches Banking difference DTAs resulting from the another banking organization (as Organizations adoption of CECL. determined under U.S. GAAP) during Notwithstanding the CECL transition Under the capital rules, an advanced the period in which the electing banking provision, all other aspects of the capital approaches banking organization that organization is using its CECL transition rules would continue to apply. Thus, all has completed the parallel run process provision would continue to make use regulatory capital adjustments and includes in its advanced-approaches- of its transitional amounts based on its deductions would continue to apply adjusted total capital any amount of calculation as of the date of its adoption and an electing banking organization eligible credit reserves that exceeds its of CECL. Business combinations would would continue to be limited in the regulatory expected credit losses to the cover mergers, acquisitions, and amount of ACL that it could include in extent that the excess reserve amount transactions in which two existing its tier 2 capital.18 does not exceed 0.6 percent of the unrelated entities combine into a newly Question 3: The agencies seek banking organization’s credit risk- created third entity. However, any CECL comment on other potential approaches weighted assets.19 The agencies propose transitional amounts, DTA transitional to phasing in the day-one effects of to revise the definition of eligible credit amounts, and ACL transitional amounts reserves to align with the definition of of an acquired electing banking 18 12 CFR 3.10(c)(3)(ii)(B), 12 CFR 3.20(d)(3) (OCC); 12 CFR 217.10(c)(3)(ii)(B), 12 CFR organization would not flow through to 19 12 CFR 3.10(c)(3)(ii) (OCC); 12 CFR 217.20(d)(3) (Board); 12 CFR 324.10(c)(3)(ii)(B), 12 the resulting banking organization as the 217.10(c)(3)(ii) (Board); and 12 CFR 324.10(c)(3)(ii) CFR 324.20(d)(3) (FDIC). assets of an acquired banking (FDIC).

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22319

ACL in this proposal. Under the banking organization’s eligible credit agencies believe requiring such an proposal, for an advanced approaches reserves as of the beginning of the fiscal advanced approaches banking banking organization that has adopted year in which the banking organization organization to reduce its CECL CECL, eligible credit reserves would adopts CECL from the amount of that transitional amount by its DTA mean all general allowances that have banking organization’s eligible credit transitional amount would be simple to been established through a charge reserves as of the closing of the fiscal implement and thus would not be against earnings or retained earnings to year-end immediately prior to the operationally burdensome. As an cover expected credit losses associated banking organization’s adoption of alternative approach, the agencies also with on- or off-balance sheet wholesale CECL. An electing advanced approaches would consider requiring an electing and retail exposures, including ACL banking organization would decrease advanced approaches banking associated with such exposures. Similar the amount of its eligible credit reserves organization with an ECR shortfall to the current definition of eligible by its eligible credit reserves transitional immediately prior to the adoption of credit reserves, the definition of eligible amount over the transition period on a CECL to reduce its CECL transitional credit reserves applicable to banking straight line basis (i.e., decreasing amount by the amount necessary to organizations that have adopted CECL eligible credit reserves by 75 percent cause its CET1 capital upon adoption of would exclude allocated transfer risk during year 1, by 50 percent during year CECL to not exceed CET1 capital reserves established pursuant to 12 2, and by 25 percent during year 3). immediately prior to adoption of CECL. U.S.C. 3904. In addition, the revised An advanced approaches banking Question 6: The agencies are eligible credit reserves definition would organization that has completed the requesting comment on whether the exclude allowances that reflect credit parallel run process is required to definition of eligible credit reserves is losses on PCD assets and AFS debt deduct from CET1 capital the amount of appropriate for determining the amount securities, and other specific reserves expected credit loss that exceeds its of allowances that may be included in created against recognized losses. The eligible credit reserves (ECR shortfall). an advanced approaches banking definition of eligible credit reserves Due to this requirement, an advanced organization’s total capital. What, if would remain unchanged for an approaches banking organization’s CET1 any, alternatives with respect to the advanced approaches banking capital immediately after CECL treatment of eligible credit reserves organization that has not adopted CECL. adoption may be greater than its CET1 should the agencies consider and what For purposes of the supplementary capital immediately before CECL are the associated advantages and leverage ratio, which is applicable to all adoption.20 This is because, for such disadvantages of such alternatives? advanced approaches banking banking organizations, CECL allowances Question 7: The agencies are organizations, the proposal would can have a dual impact on CET1 capital: requesting comment on the proposed maintain the current definition of total A reduction in retained earnings CECL transitional amount limitation for leverage exposure. Thus, total leverage (partially offset by DTAs) and a certain advanced approaches banking exposure would continue to include, concurrent reduction in the CET1 ECR organizations that have an ECR among other items, the balance sheet shortfall deduction. The agencies are shortfall. What, if any, are the carrying value of an advanced concerned that the use of the CECL associated advantages and approaches banking organization’s on- transition provision could provide an disadvantages of the alternatives balance sheet assets less amounts undue benefit to a banking organization provided by the agencies? deducted from tier 1 capital. that had an ECR shortfall prior to its D. Disclosures and Regulatory Reporting An advanced approaches banking adoption of CECL and could undermine organization that elects to use the CECL an objective of the CECL transition Under the proposed rule, banking transition provision (electing advanced provision to provide relief to banking organizations subject to the disclosure approaches banking organization) organizations that experience an requirements in section 63 of the capital would increase its total leverage immediate adverse impact to regulatory rules would be required to update their exposure for purposes of the capital as a result of CECL adoption. disclosures to reflect the adoption of supplementary leverage ratio by 75 Therefore, the agencies are proposing to CECL. For example, such banking percent of its CECL transitional amount limit the CECL transitional amount that organizations would be required to during the first year of the transition such an electing advanced approaches disclose ACL instead of ALLL after period, increase its total leverage banking organization can include in CECL adoption. exposure for purposes of the retained earnings. As part of this For advanced approaches banking supplementary leverage ratio by 50 proposal, an electing advanced organizations, the agencies propose percent of its CECL transitional amount approaches banking organization that similar revisions to Tables 2, 3, and 5 during the second year of the transition (1) has completed the parallel run in section 173 of the capital rules to period, and increase its total leverage process, (2) has an ECR shortfall reflect the adoption of CECL. In exposure for purposes of the immediately prior to the adoption of addition, the agencies are proposing supplementary leverage ratio by 25 CECL, and (3) would have an increase revisions to those tables for electing percent of its CECL transitional amount in CET1 capital as of the beginning of advanced approaches banking during the third year of the transition the fiscal year in which it adopts CECL organizations to disclose two sets of period. after including the first year portion of regulatory capital ratios. One set would In addition, an electing advanced the CECL transitional amount, must approaches banking organization that decrease its CECL transitional amount after including the first year portion of the CECL has completed the parallel run process 21 transitional amount, and, upon the adoption of by its DTA transitional amount. The CECL, records an increase to ACL (credit) of would calculate an additional $200,000, with an offsetting increase in temporary transitional amount to be phased into its 20 See 12 CFR 3.121(d) (OCC); 12 CFR 217.121(d) difference DTAs of $42,000 (debit), and a reduction eligible credit reserves (eligible credit (Board); and 12 CFR 324.121(d) (FDIC). in beginning retained earnings of $158,000 (debit), reserves transitional amount). The 21 For example, if a banking organization has then that banking organization would have a CECL completed the parallel run process, has an ECR transitional amount of $116,000 eligible credit reserves transitional shortfall immediately prior to the adoption of CECL, ($158,000¥$42,000), and would apply $87,000 in amount would mean the increase in the would have an increase in CET1 capital as of the year 1, $58,000 in year 2, and $29,000 in year 3 of amount of an advanced approaches beginning of the fiscal year in which it adopts CECL the transition period.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22320 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

reflect the banking organization’s capital organizations will not experience a relating to the accounting treatment of ratios with the CECL transition material decrease in any of the affected ATRR, with ACL. provision and the other set would limits due to the adoption of CECL. The proposal incorporates technical reflect the banking organization’s capital In addition, the OCC proposes to amendments to § 225.127 of the Board’s ratios on a fully phased-in basis. make conforming edits to the Regulation Y to provide corrected In addition, to reflect changes in U.S. terminology used in the OCC’s stress reference citations to sections of GAAP, the agencies anticipate testing regulation at 12 CFR part 46 to Regulation Y that have been revised and proposing revisions to the regulatory incorporate the new CECL methodology. renumbered. reporting forms in a separate proposal. Finally, the Board is proposing to 2. Board Regulations These proposed revisions would specify amend its stress testing rules in the how electing banking organizations Certain other regulations of the Board Board’s Regulation YY, 12 CFR part 252, would report their transitional amounts reflect the current practice of banking to address the changes made in U.S. for the affected line items in Schedule organizations establishing ALLL under GAAP following the issuance of ASU RC–R of the Call Report and Schedule the incurred loss methodology to cover No. 2016–13. Specifically, the Board is HC–R of the FR Y–9C. In addition, the estimated credit losses on loans, lease proposing to require a banking agencies intend to update instructions financing receivables, or other organization that has adopted CECL to for certain other reporting forms, extensions of credit. As discussed in include its provision for credit losses including the FFIEC 101, to account for this proposal, banking organizations beginning in the 2020 stress test cycle, the CECL transition provision. that adopt CECL will hold ACL to cover which would include provisions E. Conforming Changes to Other Agency expected credit losses on a broader array calculated under ASU No. 2016–13, Regulations of financial assets than covered by the instead of its provision for loan and ALLL. As a result, the proposal would lease losses, in its stress testing 1. OCC Regulations make conforming changes to those other methodologies and data and information In addition to the capital rules, seven regulations. required to be submitted to the Board provisions in other OCC regulations Specifically, the proposal would and that the disclosure of the results of refer to ALLL, as defined in 12 CFR part amend the definition of ‘‘capital stock those stress tests includes estimates of 3, in calculating various statutory or and surplus’’ in the Board’s Regulation those provisions. To promote regulatory limits. Specifically, ALLL is H, 12 CFR part 208, to include the comparability of stress test results used in calculating limits on holdings of balance of a member bank’s allowance across firms, the proposal would certain investment securities (12 CFR for credit losses. Similarly, the proposal provide that, for the 2018 and 2019 part 1); limits on ownership of bankers’ would incorporate ‘‘allowance for credit stress test cycles, a banking organization bank stock (12 CFR 5.20); limits on losses’’ in the definition of ‘‘capital would continue to use its provision for investments in bank premises (12 CFR stock and surplus’’ in the Board’s loan and lease losses, as would be 5.37); limits on leasing of personal Regulation K, 12 CFR part 211; calculated under the incurred loss property (12 CFR 23.4); limits on certain Regulation W, 12 CFR part 223; and methodology, even if the firm adopted community development investments Regulation Y, 12 CFR part 225. A related CECL in 2019. Finally, under the (12 CFR 24.4); lending limits (12 CFR change would be made to the definition proposal, a banking organization that part 32); and, limits on improvements to of unimpaired capital and unimpaired does not adopt CECL until 2021 would other real estate owned (12 CFR part 34, surplus in the Board’s Regulation O, 12 not be required to include its provision subpart E). CFR part 215. for credit losses for these purposes until The OCC proposes to revise the The proposal would make a similar the 2021 stress test cycle. The following calculations used in those sections that change to the Board’s Regulation K table describes the stress test cycles in currently reference ALLL to also relating to the establishment of an which a banking organization would be reference ACL, once a banking allocated transfer risk reserve (ATRR). required to use its provision for credit organization has adopted the FASB Specifically, the proposal would losses instead of the provision for loan standard. This proposed conforming replace, for CECL adopters, all and lease losses, based on varying dates revision will ensure that banking references to ALLL, in the section of adoption of ASU No. 2016–13.

TABLE 2—SUMMARY OF USE OF PROVISIONS IN 2019–2021 STRESS TEST CYCLES

Year of adoption of ASU No. 2016–13 2019 Stress test cycle 2020 Stress test cycle 2021 Stress test cycle

2019 ...... Provision for loan and lease losses ..... Provision for credit losses ...... Provision for credit losses. 2020 ...... Provision for loan and lease losses ..... Provision for credit losses ...... Provision for credit losses. 2021 ...... Provision for loan and lease losses ..... Provision for loan and lease losses ..... Provision for credit losses.

The proposal would make a similar Question 8: The Board seeks comment made to its stress testing rules to change to the Board’s company-run on whether requiring a banking address the accounting change. stress test requirements to require a organization that adopts CECL in 2019 3. FDIC Regulations banking organization that has adopted not to include provisions for credit CECL, beginning in the 2020 stress test losses in the 2019 stress test cycle would The proposal would also make cycle, to incorporate the effects of the create additional burden or complexity. conforming amendments to references to provisions or ALLL in the FDIC’s maintenance of ACL when estimating Question 9: The Board seeks comment regulations. Specifically, the proposal the impact on pro forma regulatory on whether, apart from the approach would replace, for CECL adopters, all capital levels and pro forma capital described, additional changes should be references to ALLL with ACL (as ratios. applicable) in the FDIC’s capital rules

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22321

codified at 12 CFR part 324, including c. Ways to enhance the quality, Respondents: National banks, state in the definitions of ‘‘identified losses’’ utility, and clarity of the information to member banks, state nonmember banks, and ‘‘standardized total risk-weighted be collected; and state and federal savings assets.’’ The proposal would also make d. Ways to minimize the burden of the associations. the same conforming changes to the information collections on respondents, OMB control number: 1557–0318. following FDIC regulations by replacing including through the use of automated Estimated number of respondents: all references to ALLL with ACL as collection techniques or other forms of 1,365 (of which 18 are advanced applicable: 12 CFR parts 327, 347 and information technology; and approaches institutions). 390. Finally, consistent with the e. Estimates of capital or startup costs Estimated average hours per response: and costs of operation, maintenance, proposed changes to the Board’s stress Minimum Capital Ratios testing rules, the proposal would make and purchase of services to provide similar conforming changes to the information. Recordkeeping (Ongoing)—16. FDIC’s stress testing rules codified at 12 Disclosure Burden—Advanced Standardized Approach CFR part 325. Approaches Banking Organizations Recordkeeping (Initial setup)—122. F. Additional Requests for Comment Current Actions Recordkeeping (Ongoing)—20. The agencies seek comment on all Section 173 of the capital rules Disclosure (Initial setup)—226.25. aspects of the proposal. Comments are requires that advanced approaches Disclosure (Ongoing quarterly)— requested about the potential banking organizations publicly disclose 131.25. advantages of the proposal in ensuring capital-related information as provided Advanced Approaches in a series of 13 tables. For advanced the individual safety and soundness of Recordkeeping (Initial setup)—460. these banking organizations as well as approaches banking organizations, the Recordkeeping (Ongoing)—540.77. on the stability of the financial system. agencies propose revisions to Tables 2, Recordkeeping (Ongoing quarterly)— 3, and 5 in section 173 of the capital III. Regulatory Analyses 20. rules to reflect the adoption of CECL. In Disclosure (Initial setup)—328. A. Paperwork Reduction Act addition, the agencies are proposing Disclosure (Ongoing)—5.78. revisions to those tables for electing Certain provisions of the proposed Disclosure (Ongoing quarterly)—41. advanced approaches banking Proposed revisions estimated annual rule contain ‘‘collection of information’’ organizations to disclose two sets of requirements within the meaning of the burden: 432 hours. regulatory capital ratios. One set would Estimated annual burden hours: 1,136 Paperwork Reduction Act (PRA) of 1995 reflect such banking organization’s (44 U.S.C. 3501–3521). In accordance hours initial setup, 64,945 hours for capital ratios with the CECL transition ongoing. with the requirements of the PRA, the provision and the other set would agencies may not conduct or sponsor, reflect the banking organization’s capital Board and a respondent is not required to ratios on a fully phased-in basis. This Title of Information Collection: respond to, an information collection aspect of the proposed rule affects the unless it displays a currently valid Recordkeeping and Disclosure below-listed information collections. Requirements Associated with Office of Management and Budget The changes in the disclosure (OMB) control number. The agencies Regulation Q. requirements to Tables 2, 3, and 5 in Frequency: Quarterly, annual. reviewed the proposed rule and section 173 of the capital rules would determined that the proposed rule Affected Public: Businesses or other result in an increase in the average for-profit. revises certain disclosure and reporting hours per response per agency of 48 requirements that have been previously Respondents: State member banks hours for the initial setup burden. In (SMBs), bank holding companies cleared by the OMB under various addition, the changes in the disclosure control numbers. The agencies are (BHCs), U.S. intermediate holding requirements to Tables 2, 3, and 5 in companies (IHCs), savings and loan proposing to extend for three years, with section 173 of the capital rules would revision, these information collections. holding companies (SLHCs), and global result in an increase in the average systemically important bank holding The information collections for the hours per response per agency of 6 disclosure requirements contained in companies (GSIBs). hours for ongoing (quarterly) burden.22 Legal authorization and this proposed rulemaking have been confidentiality: This information submitted by the OCC and FDIC to OMB Proposed Revision, With Extension, of collection is authorized by section 38(o) for review and approval under section the Following Information Collections of the Federal Deposit Insurance Act (12 3507(d) of the PRA (44 U.S.C. 3507(d)) OCC U.S.C. 1831o(c)), section 908 of the and § 1320.11 of the OMB’s Title of Information Collection: Risk- International Lending Supervision Act implementing regulations (5 CFR part Based Capital Standards: Advanced of 1983 (12 U.S.C. 3907(a)(1)), section 1320). The Board reviewed the proposed Capital Adequacy Framework. 9(6) of the Federal Reserve Act (12 rule under the authority delegated to the Frequency: Quarterly, annual. U.S.C. 324), and section 5(c) of the Bank Board by OMB. Affected Public: Businesses or other Holding Company Act (12 U.S.C. Comments are invited on: for-profit. 1844(c)). The obligation to respond to a. Whether the collections of this information collection is information are necessary for the proper 22 In an effort to provide transparency, the total mandatory. If a respondent considers performance of the agencies’ functions, cumulative burden for each agency is shown. In addition, as stated in the Notice of Proposed the information to be trade secrets and/ including whether the information has Rulemaking, Simplifications to the Capital Rule or privileged such information could be practical utility; Pursuant to the Economic Growth and Regulatory withheld from the public under the b. The accuracy or the estimate of the Paperwork Reduction Act of 1996, 82 FR 49984 authority of the Freedom of Information (October 27, 2017), in order to be consistent across burden of the information collections, the agencies, the agencies are also applying a Act (5 U.S.C. 552(b)(4)). Additionally, to including the validity of the conforming methodology for calculating the burden the extent that such information may be methodology and assumptions used; estimates. contained in an examination report such

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22322 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

information could also be withheld from Disclosure (Ongoing quarterly)—41. Company Only Financial Statements for the public (5 U.S.C. 552 (b)(8)). Proposed revisions estimated annual Large Holding Companies (FR Y–9LP; Agency form number: FR Q. burden: 96 hours. OMB No. 7100–0128), Parent Company OMB control number: 7100–0313. Estimated annual burden hours: 1,136 Only Financial Statements for Small Estimated number of respondents: hours initial setup, 133,038 hours for Holding Companies (FR Y–9SP; OMB 1,431 (of which 17 are advanced ongoing. No. 7100–0128), Financial Statements of approaches institutions). Reporting Burden—FFIEC and Board U.S. Nonbank Subsidiaries of U.S. Estimated average hours per response: Forms Holding Companies (FR Y–11; OMB No. 7100–0244), Capital Assessments and Minimum Capital Ratios Current Actions Stress Testing (FR Y–14; OMB No. Recordkeeping (Ongoing)—16. The agencies also plan to make 7100–0341), and Banking Organization Standardized Approach changes to certain FFIEC and Board Systemic Risk Report (FR Y–15; OMB reporting forms and/or their related No. 7100–0352). These changes to the Recordkeeping (Initial setup)—122. instructions as a result of the issuance FFIEC forms and/or instructions as well Recordkeeping (Ongoing)—20. of ASU 2016–13. In particular, the forms as the Board forms and/or instructions Disclosure (Initial setup)—226.25. and/or related instructions for the would be addressed in separate Federal Disclosure (Ongoing quarterly)— following FFIEC reports could be Register notices. 131.25. affected: Consolidated Reports of B. Regulatory Flexibility Act Advanced Approaches Condition and Income (Call Reports) (FFIEC 031, FFIEC 041, and FFIEC 051; OCC: The Regulatory Flexibility Act, Recordkeeping (Initial setup)—460. OMB No. 1557–0081, 7100–0036, and 5 U.S.C. 601 et seq., (RFA), requires an Recordkeeping (Ongoing)—540.77. 3064–0052), Report of Assets and agency, in connection with a proposed Recordkeeping (Ongoing quarterly)— Liabilities of U.S. Branches and rule, to prepare an Initial Regulatory 20. Agencies of Foreign Banks (FFIEC 002; Flexibility Analysis describing the Disclosure (Initial setup)—328. OMB No. 7100–0032), Report of Assets impact of the rule on small entities Disclosure (Ongoing)—5.78. and Liabilities of a Non-U.S. Branch that (defined by the Small Business Disclosure (Ongoing quarterly)—41. is Managed or Controlled by a U.S. Administration (SBA) for purposes of Disclosure (Table 13 quarterly)—5. Branch or Agency of a Foreign (Non- the RFA to include commercial banks Risk-based Capital Surcharge for GSIBs U.S.) Bank (FFIEC 002S; OMB No. and savings institutions with total assets Recordkeeping (Ongoing)—0.5. 7100–0032), Annual Dodd-Frank Act of $550 million or less and trust Proposed revisions estimated annual Company-Run Stress Test Report for companies with total revenue of $38.5 burden: 456 hours. Depository Institutions and Holding million or less) or to certify that the Estimated annual burden hours: 1,136 Companies with $10–$50 Billion in proposed rule would not have a hours initial setup, 78,591 hours for Total Consolidated Assets (FFIEC 016; significant economic impact on a ongoing. OMB No. 1557–0311, 7100–0356, and substantial number of small entities. As 3064–0187), Foreign Branch Report of of December 31, 2016, the OCC FDIC Condition (FFIEC 030; OMB No. 1557– supervised 956 small entities. The rule Title of Information Collection: 0099, 7100–0071, and 3064–0011), would apply to all OCC-supervised Regulatory Capital Rules. Abbreviated Foreign Branch Report of entities that are not subject to the Frequency: Quarterly, annual. Condition (FFIEC 030S; OMB No. 1557– advanced approaches risk-based capital Affected Public: Businesses or other 0099, 7100–0071, and 3064–0011), and rules, and thus potentially affects a for-profit. Regulatory Capital Reporting for substantial number of small entities. To Respondents: State nonmember Institutions Subject to the Advanced determine whether a proposed rule banks, state savings associations, and Capital Adequacy Framework (FFIEC would have a significant effect on those certain subsidiaries of those entities. 101; OMB No. 1557–0239, 7100–0319, small entities, the OCC considers OMB control number: 3064–0153. and 3064–0159). The forms and/or whether the economic impact associated Estimated number of respondents: related instructions for the following with the proposed rule is greater than or 3,637 (of which 2 are advanced Board reports could be affected: equal to either 5 percent of a small approaches institutions). Financial Statements of Foreign entity’s total annual salaries and Estimated average hours per response: Subsidiaries of U.S. Banking benefits or 2.5 percent of a small entity’s Organizations (FR 2314; OMB No. 7100– total non-interest expense. The OCC Minimum Capital Ratios 0073), Domestic Finance Company estimates the proposed rule would not Recordkeeping (Ongoing)—16. Report of Consolidated Assets and generate any costs for affected small Liabilities (FR 2248; OMB No. 7100– entities. The proposed rule may Standardized Approach 0005), Weekly Report of Selected Assets generate a benefit for those small Recordkeeping (Initial setup)—122. and Liabilities of Domestically entities that elect the transition of Recordkeeping (Ongoing)—20. Chartered Commercial Banks and U.S. approximately $13,000 per electing Disclosure (Initial setup)—226.25. Branches and Agencies of Foreign Banks small entity supervised by the OCC. Disclosure (Ongoing quarterly)— (FR 2644; OMB No. 7100–0075), This estimate is based on the potential 131.25. Consolidated Report of Condition and savings to small entities from not Income for Edge and Agreement needing to raise additional capital Advanced Approaches Corporations (FR 2886b; OMB No. related to CECL implementation due to Recordkeeping (Initial setup)—460. 7100–0086), Financial Statements of the proposed regulatory capital Recordkeeping (Ongoing)—540.77. U.S. Nonbank Subsidiaries Held by transition. The estimated benefit is not Recordkeeping (Ongoing quarterly)— Foreign Banking Organizations (FR Y– significant in relation to the measures 20. 7N; 7100–0125), Consolidated Financial described above. Therefore, the OCC Disclosure (Initial setup)—328. Statements for Holding Companies (FR certifies that the proposed rule would Disclosure (Ongoing)—5.78. Y–9C; OMB No. 7100–0128), Parent not have a significant economic impact

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22323

on a substantial number of OCC- effect on regulatory capital that may organizations establishing ALLL to supervised small entities. result from adoption of this accounting cover estimated credit losses on loans, Board: The RFA requires an agency to standard (ASU No. 2016–13). The lease financing receivables, or other consider whether the rules it proposes proposal also would make conforming extensions of credit. The proposed rule will have a significant economic impact amendments to other regulations. would allow banking organizations that on a substantial number of small The Board has authority under the are subject to these regulations to also entities.23 In connection with a International Lending Supervision Act include in the definition of ‘‘capital proposed rule, the RFA requires an (ILSA) 24 and the PCA provisions of the stock and surplus’’ those credit loss agency to prepare an initial regulatory Federal Deposit Insurance Act 25 to allowances under ASU No. 2016–13 that flexibility analysis describing the establish regulatory capital would be eligible for inclusion in impact of the rule on small entities or requirements for the institutions it regulatory capital. Most aspects of the to certify that the proposed rule would regulates. For example, ILSA directs proposed rule would apply to all state not have a significant economic impact each Federal banking agency to cause member banks, as well as generally all on a substantial number of small banking institutions to achieve and bank holding companies and savings entities. An initial regulatory flexibility maintain adequate capital by and loan holding companies that are analysis must contain (1) a description establishing minimum capital subject to the Board’s capital rule. of the reasons why action by the agency requirements as well as by other means However, in virtually all cases, the is being considered; (2) a succinct that the agency deems appropriate.26 Board’s capital rule only applies to bank statement of the objectives of, and legal The PCA provisions of the Federal holding companies and savings and basis for, the proposed rule; (3) a Deposit Insurance Act direct each loan holding companies with greater description of, and, where feasible, an Federal banking agency to specify, for than $1 billion in total assets. Thus, estimate of the number of small entities each relevant capital measure, the level virtually all bank holding companies to which the proposed rule will apply; at which an insured depository that would be subject to the proposed (4) a description of the projected institution is well capitalized, rule do not qualify as small banking reporting, recordkeeping, and other adequately capitalized, organizations. With respect to state compliance requirements of the undercapitalized, and significantly member banks that do qualify as small proposed rule, including an estimate of undercapitalized.27 In addition, the banking organizations, the proposed the classes of small entities that will be Board has authority to establish revision to the Board’s capital rule subject to the requirement and the type regulatory capital standards for bank would should have an economic benefit of professional skills necessary for holding companies under ILSA 28 and as they will be able to include preparation of the report or record; (5) the Bank Holding Company Act 29 and additional credit loss allowances into an identification, to the extent for savings and loan holding companies regulatory capital than they otherwise practicable, of all relevant Federal rules under the Home Owners Loan Act.30 would under the current capital rules. which may duplicate, overlap with, or All banking organizations will be Therefore, the Board estimates the conflict with the proposed rule; and (6) required to adopt ASU No. 2016–13, proposed rule would not generate any a description of any significant which will likely result in an increase costs for affected small entities. alternatives to the proposed rule which in credit loss allowances. An increase in The proposed rule would not impact accomplish its stated objectives. a banking organization’s credit loss the recordkeeping and reporting The Board has considered the allowances will reduce the firm’s requirements to which affected small potential impact of the proposed rule on retained earnings and therefore its CET1 banking organizations are currently small entities in accordance with the capital. The proposed rule would subject. The agencies anticipate RFA. Based on its analysis and for the identify those credit loss allowances updating the relevant reporting forms at reasons stated below, the Board believes under ASU No. 2016–13 that would be a later date. The Board does not believe that the that this proposed rule will not have a eligible for inclusion in regulatory proposed rule duplicates, overlaps, or significant economic impact on a capital. Further, the proposed rule conflicts with any other Federal rules. substantial number of small entities. would introduce a three-year transition In light of the foregoing, the Board does Nevertheless, the Board is publishing period, which would allow a banking not believe that the proposed rule, if and inviting comment on this initial organization to phase in the immediate adopted in final form, would have a regulatory flexibility analysis. A final impact of adoption of ASU No. 2016–13. significant economic impact on a regulatory flexibility analysis will be During the transition period, a banking substantial number of small entities and conducted after comments received organization that elects to use the phase- therefore believes that there are no during the public comment period have in would report higher capital than it significant alternatives to the proposed been considered. otherwise would under the current rule that would reduce the economic As discussed in detail above, the capital rules. impact on small banking organizations agencies are proposing to identify which The proposed rule also would make supervised by the Board. Nonetheless, credit loss allowances under GAAP conforming amendments to certain of the Board seeks comment on whether (ASU No. 2016–13) are eligible for the Board’s other regulations. In the proposed rule would impose undue inclusion in regulatory capital and to particular, certain other regulations of burdens on, or have unintended provide banking organization the option the Board include a definition of consequences for, small organizations, to phase in, over a three-year period, the ‘‘capital stock and surplus,’’ which and whether there are ways such reflect the current practice of banking potential burdens or consequences 23 Under regulations issued by the Small Business could be minimized in a manner Administration, a small entity includes a depository 24 12 U.S.C. 3901–3911. consistent with the purpose of the institution, bank holding company, or savings and 25 12 U.S.C. 1831o. loan holding company with total assets of $550 26 12 U.S.C. 3907(a)(1). proposed rule. A final regulatory million or less and trust companies with total assets 27 flexibility analysis will be conducted of $38.5 million or less. As of December 31, 2017, 12 U.S.C. 1831o(c)(2). there were approximately 3,384 small bank holding 28 See 12 U.S.C. 3907. after consideration of comments companies, 230 small savings and loan holding 29 See 12 U.S.C. 1844. received during the public comment companies, and 559 small state member banks. 30 See 12 U.S.C. 1467a(g)(1). period.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22324 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

FDIC: Statement of the Regulatory immediate, potentially adverse effects of small regulatory costs associated with Flexibility Act Requirements CECL adoption over a three-year period. implementing proposed three-year transition schedule will be The RFA generally requires that, in Description of the Proposal connection with a notice of proposed demonstrably less than the benefits A description of the proposal is rulemaking, an agency prepare and posed by utilizing the schedule for those presented Section II: Description of the make available for public comment an institutions that opt to utilize it. Proposed Rule. Please refer to it for initial regulatory flexibility analysis Therefore, the FDIC does not believe further information. describing the impact of the proposed that the proposed rule would have a rule on small entities.31 A regulatory Other Federal Rules significant economic impact on a substantial number of small entities. flexibility analysis is not required, The FDIC has not identified any likely however, if the agency certifies that the duplication, overlap, and/or potential Alternatives Considered rule will not have a significant conflict between the proposed rule and As an alternative to the proposed rule, economic effect on a substantial number any federal rule. the FDIC considered allowing CECL to of small entities. The SBA has defined go into effect with no accompanying ‘‘small entities’’ to include banking Economic Impacts on Small Entities action by the financial regulators. organizations with total assets less than The proposed rule could affect all However, this alternative would likely or equal to $550 million.32 FDIC-supervised small entities. The result in higher costs for small entities. Description of Need and Policy FDIC supervises 3,637 depository Additionally, the FDIC considered the Objectives institutions, of which 2,924 are defined alternative of a longer transition period as small banking entities by the terms of of up to five years. While this In June 2016, the FASB issued ASU 35 the RFA. However, the number of alternative might reduce the costs of No. 2016–13, which revises the small entities that elect to utilize the accounting for credit losses under U.S. adopting CECL more than the proposed proposed three-year transition schedule alternative, it also heightens the risk of GAAP. CECL differs from the incurred is difficult to estimate. Utilization will loss methodology currently capital increases coinciding with a depend on an institution’s business potential future downturn in the implemented by institutions in several model, the preferences of senior key respects. CECL requires banking business cycle. The coincidence of management or ownership, the assets rising capital requirements during a organizations to recognize lifetime held by the institution and reasonable expected credit losses for financial future downturn in the business cycle expectation of future macroeconomic could reduce the benefits of the assets measured at amortized cost, not conditions, among other things. just those credit losses that are probable proposed rule and have deleterious The proposal, if implemented, would effects on lending activity. of having been incurred as of the benefit small institutions who adopt the reporting date. In addition to proposed three-year transition schedule Solicitation of Comments maintaining the current requirement for by allowing them to phase-in any The FDIC invites comments on all banking organizations to consider past increases in capital associated with the events and current conditions, CECL aspects of the supporting information implementation of CECL over that time. provided in this RFA section. requires the incorporation of reasonable The three year transition schedule and supportable forecasts in developing Particularly, the FDIC invites comments would reduce the costs associated with on the effects the proposed rule will an estimate of lifetime expected credit potential increases in capital relative to losses. have on capital for institutions and the the immediate impact of CECL adoption magnitude of those effects. Upon adoption of CECL, a banking by allowing institutions to raise capital organization will record a one-time levels gradually, over-time. It is difficult C. Plain Language adjustment to its allowance for credit to accurately estimate the potential Section 722 of the Gramm-Leach- losses as of the beginning of its fiscal benefit for small institutions with Bliley Act requires the federal banking year of adoption equal to the difference, available data because it depends on the agencies to use plain language in all if any, between the amount of credit loss assets held by small institutions, their proposed and final rules published after allowances required under the incurred provision activity, future economic January 1, 2000. The agencies have loss methodology and the amount of conditions, and the decisions of senior sought to present the proposed rule in credit loss allowances required under management, among other things. a simple and straightforward manner, the CECL methodology. Changes to The proposal would pose some small and invite comment on the use of plain retained earnings, DTAs, and ALLL regulatory costs for institutions that opt language. For example: affect a banking organization’s to utilize the three-year transition • 33 Have the agencies organized the calculation of regulatory capital. To schedule. Changes in disclosure material to suit your needs? If not, how address changes made in U.S. GAAP requirements for capital rules would could they present the proposed rule following the FASB’s issuance of ASU result in an estimated increase of 48 more clearly? No. 2106–13, the FDIC is proposing to hours on average hours per response per • Are the requirements in the 34 amend its capital rule to give banking agency for the initial setup burden, as proposed rule clearly stated? If not, how organizations the option to phase in the well as an estimated increase of 6 hours could the proposed rule be more clearly per response per agency for ongoing stated? 31 5 U.S.C. 601 et seq. (quarterly) burden. Additionally, small • Do the regulations contain technical 32 13 CFR 121.201 (as amended, effective December 2, 2014). entities that are subsidiaries of large language or jargon that is not clear? If 33 12 CFR 3.20 (OCC); 12 CFR 217.20 (Board); 12 complex institutions may have so, which language requires CFR 324.20 (FDIC). additional regulatory costs associated clarification? 34 Under section 37 of the Federal Deposit with changes in disclosure • Would a different format (grouping Insurance Act, the accounting principles applicable requirements. However, those costs are and order of sections, use of headings, to reports or statements required to be filed with the paragraphing) make the regulation agencies by all insured depository institutions must also likely to be small. Further, the be uniform and consistent with U.S. GAAP. See 12 easier to understand? If so, what U.S.C. 1831n(a)(2)(A). 35 FDIC Call Report data as of December 31, 2017. changes would achieve that?

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22325

• Would more, but shorter, sections that further will inform the agencies’ 12 CFR Part 217 be better? If so, which sections should consideration of RCDRIA. Administrative practice and be changed?’’ procedure, Banks, Banking, Capital, • List of Subjects What other changes can the Federal Reserve System, Holding agencies incorporate to make the 12 CFR Part 1 companies, Reporting and regulation easier to understand? Banks, banking, National banks, recordkeeping requirements, Risk, D. OCC Unfunded Mandates Reform Act Reporting and recordkeeping Securities. of 1995 requirements, Securities. 12 CFR Part 223 The OCC analyzed the proposed rule 12 CFR Part 3 Banks, Banking, Federal Reserve under the factors set forth in the Administrative practice and System. Unfunded Mandates Reform Act of 1995 procedure, Capital, National banks, 12 CFR Part 225 (UMRA) (2 U.S.C. 1532). Under this Risk. analysis, the OCC considered whether Administrative practice and the proposed rule includes a federal 12 CFR Part 5 procedure, Banks, banking, Federal mandate that may result in the Administrative practice and Reserve System, Holding companies, expenditure by state, local, and Tribal procedure, Federal savings associations, Reporting and recordkeeping governments, in the aggregate, or by the National banks, Reporting and requirements, Securities. private sector, of $100 million or more recordkeeping requirements, Securities. 12 CFR Part 252 in any one year (adjusted for inflation). The OCC has determined that this 12 CFR Part 23 Administrative practice and proposed rule would not result in Banks, banking, National banks, Lease procedure, Banks, banking, Federal expenditures by state, local, and Tribal financing transactions, Leasing, Reserve System, Holding companies, governments, or the private sector, of Reporting and recordkeeping Reporting and recordkeeping $100 million or more in any one year. requirements. requirements, Securities. Accordingly, the OCC has not prepared 12 CFR Part 24 12 CFR Part 324 a written statement to accompany this Administrative practice and proposal. Affordable housing, Community development, Credit, Investments, procedure, Banks, banking, Reporting E. Riegle Community Development and Economic development and job and recordkeeping requirements, Regulatory Improvement Act of 1994 creation, Low- and moderate-income Savings associations. The Riegle Community Development areas, Low- and moderate-income 12 CFR Part 325 housing, National banks, Public welfare and Regulatory Improvement Act of Banks, banking, Reporting and investments, Reporting and 1994 (RCDRIA) requires that each recordkeeping requirements. federal banking agency, in determining recordkeeping requirements, Rural the effective date and administrative areas, Small businesses, Tax credit 12 CFR Part 327 compliance requirements for new investments. Bank deposit insurance, Banks, regulations that impose additional 12 CFR Part 32 banking, Savings associations. reporting, disclosure, or other requirements on insured depository National banks, Reporting and 12 CFR Part 347 institutions, consider, consistent with recordkeeping requirements. Authority delegation (Government principles of safety and soundness and 12 CFR Part 34 agencies), Bank deposit insurance, the public interest, any administrative Banks, banking, Credit, Foreign banking, burdens that such regulations would Appraisal, Appraiser, Banks, banking, Investments, Reporting and place on depository institutions, Consumer protection, Credit, Mortgages, recordkeeping requirements, U.S. including small depository institutions, National banks, Reporting and Investments abroad. and customers of depository recordkeeping requirements, Savings 12 CFR Part 390 institutions, as well as the benefits of associations, Truth in lending. such regulations. In addition, new 12 CFR Part 46 Administrative practice and regulations and amendments to procedure, Advertising, Aged, Civil Banking, Banks, Capital, Disclosures, regulations that impose additional rights, Conflict of interests, Credit, National banks, Recordkeeping, Risk, reporting, disclosures, or other new Crime, Equal employment opportunity, Savings associations, Stress test. requirements on insured depository Fair housing, Government employees, institutions generally must take effect 12 CFR Part 208 Individuals with disabilities, Reporting on the first day of a calendar quarter and recordkeeping requirements, Confidential business information, Savings associations. that begins on or after the date on which Crime, Currency, Federal Reserve the regulations are published in final System, Mortgages, reporting and Office of the Comptroller of the 36 form. recordkeeping requirements, Securities. Currency The agencies note that comment on these matters has been solicited in other 12 CFR Part 211 For the reasons set out in the joint sections of this Supplementary preamble, the OCC proposes to amend Exports, Federal Reserve System, 12 CFR chapter I as follows. Information section, and that the Foreign banking, Holding companies, requirements of RCDRIA will be Investments, Reporting and PART 1—INVESTMENT SECURITIES considered as part of the overall recordkeeping requirements. rulemaking process. In addition, the 1. The authority citation for part 1 agencies also invite any other comments 12 CFR Part 215 continues to read as follows: Credit, Penalties, Reporting and Authority: 12 U.S.C. 1 et seq., 24 36 12 U.S.C. 4802. recordkeeping requirements. (Seventh), and 93a.

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22326 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

2. Section 1.2 is amended by revising accounted for as insurance as (2) Any amount of a national bank’s paragraph (a)(2) to read as follows: determined in accordance with GAAP. or Federal savings association’s Allowance for credit losses excludes allowance for loan and lease losses or § 1.2 Definitions. ‘‘allocated transfer risk reserves’’ and allowance for credit losses, as (a) * * * allowances created that reflect credit applicable, that is not included in tier (2) The balance of a bank’s allowance losses on purchased credit-deteriorated 2 capital and any amount of ‘‘allocated for loan and lease losses or allowance assets and available-for-sale debt transfer risk reserves.’’ for credit losses, as applicable, not securities. * * * * * included in the bank’s Tier 2 capital, for * * * * * purposes of the calculation of risk-based Carrying value means, with respect to § 3.10 [Amended] capital described in paragraph (a)(1) of an asset, the value of the asset on the ■ 5. Section 3.10(c)(3)(ii)(A) is amended this section, as reported in the bank’s balance sheet of the national bank or by removing the words ‘‘allowance for Call Report. Federal savings association as loan and lease losses’’ and adding in * * * * * determined in accordance with GAAP. their place the words ‘‘allowance for For all assets other than available-for- loan and lease losses or allowance for PART 3—CAPITAL ADEQUACY sale debt securities or purchased credit- credit losses, as applicable,’’. STANDARDS deteriorated assets, the carrying value is not reduced by any associated credit §§ 3.20, 3.22, and 3.124 [Amended] ■ 3. The authority citation for part 3 loss allowance that is determined in ■ 6. Sections 3.20, 3.22, and 3.124 are continues to read as follows: accordance with GAAP. amended by removing ‘‘ALLL’’ Authority: 12 U.S.C. 93a, 161, 1462, * * * * * everywhere it appears and adding in its 1462a, 1463, 1464, 1818, 1828(n), 1828 note, Current expected credit losses (CECL) place ‘‘ALLL or ACL, as applicable,’’, 1831n note, 1835, 3907, 3909, and means the current expected credit losses except the second occurrence in 5412(b)(2)(B). methodology under GAAP. § 3.20(d)(3) where ‘‘ALLL or ACL, as ■ 4. Section 3.2 is amended by: * * * * * applicable’’ is added in its place. ■ a. Adding the definitions of Eligible credit reserves means: § 3.63 [Amended] Allowance for credit losses (ACL) in (1) For a national bank or Federal alphabetical order; savings association that has not adopted ■ 7. Section 3.63 is amended in Table 5 ■ b. Revising the definition of Carrying CECL, all general allowances that have by removing ‘‘allowance for loan and value; been established through a charge lease losses,’’ and ‘‘allowance for loan ■ c. Adding the definition of Current against earnings to cover estimated and lease losses’’ and adding in their expected credit losses (CECL) in credit losses associated with on- or off- place ‘‘allowance for loan and lease alphabetical order; and balance sheet wholesale and retail losses or allowance for credit losses, as applicable,’’ and removing ‘‘ALLL’’ and ■ d. Revising the definition of Eligible exposures, including the ALLL adding in its place ‘‘ALLL or ACL, as credit reserves and paragraph (2) of the associated with such exposures, but applicable’’. definition of Standardized total risk- excluding allocated transfer risk weighted assets. reserves established pursuant to 12 § 3.173 [Amended] U.S.C. 3904 and other specific reserves The revisions and additions read as ■ 8. Section 3.173 is amended: follows: created against recognized losses; and (2) For a national bank or Federal ■ a. In Table 2, by adding paragraph (e); § 3.2 Definitions. savings association that has adopted ■ b. In Table 3, by revising paragraph * * * * * CECL, all general allowances that have (e), redesignating paragraph (f) as Allowance for credit losses (ACL) been established through a charge paragraph (g), and adding a new means, with respect to a national bank against earnings or retained earnings to paragraph (f); and or Federal savings association that has cover expected credit losses associated ■ c. In Table 5, by: adopted CECL, valuation allowances with on- or off-balance sheet wholesale ■ i. Removing ‘‘allowance for loan and that have been established through a and retail exposures, including ACL lease losses,’’ and ‘‘allowance for loan charge against earnings or retained associated with such exposures. Eligible and lease losses’’ and adding in their earnings for expected credit losses on credit reserves exclude allocated place ‘‘allowance for loan and lease financial assets measured at amortized transfer risk reserves established losses or allowance for credit losses, as cost and a lessor’s net investment in pursuant to 12 U.S.C. 3904, allowances applicable,’’; and leases that have been established to that reflect credit losses on purchased ■ ii. Revising paragraph (g). reduce the amortized cost basis of the credit-deteriorated assets and available- for-sale debt securities, and other The additions and revisions read as assets to amounts expected to be follows: collected as determined in accordance specific reserves created against with GAAP. For purposes of this part, recognized losses. § 3.173 Disclosures by certain advanced allowance for credit losses includes * * * * * approaches national banks or Federal allowances for expected credit losses on Standardized total risk-weighted savings associations. off-balance sheet credit exposures not assets *** * * * * *

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22327

TABLE 2 TO § 3.173—CAPITAL STRUCTURE

******* (e) ...... (1) Whether the national bank or Federal savings association has elected to phase in recognition of the transitional adjustment amount as defined in § 3.301. (2) The national bank’s or Federal savings association’s common equity tier 1 capital, tier 1 capital, and total capital without including the transitional adjustment amount.

TABLE 3 TO § 3.173—CAPITAL ADEQUACY

******* (e) ...... (1) Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the transition provisions de- scribed in § 3.301: (A) For the top consolidated group; and (2) For each depository institution subsidiary. (f) ...... Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the full adoption of CECL: (1) For the top consolidated group; and (2) For each depository institution subsidiary.

*******

* * * * *

TABLE 5 1 TO § 3.173—CREDIT RISK: GENERAL DISCLOSURES

******* (g) ...... Reconciliation of changes in ALLL or ACL, as applicable.6

******* 1 Table 5 to § 3.173 does not cover equity exposures, which should be reported in Table 9. ******* 6 The reconciliation should include the following: A description of the allowance; the opening balance of the allowance; charge-offs taken against the allowance during the period; amounts provided (or reversed) for estimated probable loan losses during the period; any other adjust- ments (for example, exchange rate differences, business combinations, acquisitions and disposals of subsidiaries), including transfers between allowances; and the closing balance of the allowance. Charge-offs and recoveries that have been recorded directly to the income statement should be disclosed separately.

* * * * * section may not elect to use the CECL fiscal year in which the national bank or ■ 9. Section 3.301 is added to read as transition provision in subsequent Federal savings association adopts CECL follows: reporting periods. from the amount of the national bank’s or Federal savings association’s DTAs § 3.301 Current expected credit losses (b) Definitions. For purposes of this (CECL) transition. section, the following definitions apply: arising from temporary differences as of the closing of the fiscal year-end (a) CECL transition provision—(1) A (1) Transition period means the three- immediately prior to the national bank’s national bank or Federal savings year period (twelve quarters) beginning or Federal savings association’s association may elect to use a CECL the first day of the fiscal year in which adoption of CECL. transition provision pursuant to this a national bank or Federal savings section only if the national bank or association adopts CECL. (4) ACL transitional amount means Federal savings association records a (2) CECL transitional amount means the difference in the amount of a reduction in retained earnings due to the decrease net of any DTAs in the national bank’s or Federal savings the adoption of CECL as of the amount of a national bank’s or Federal association’s ACL as of the beginning of beginning of the fiscal year in which the savings association’s retained earnings the fiscal year in which the national national bank or Federal savings as of the beginning of the fiscal year in bank or Federal savings association association adopts CECL. which the national bank or Federal adopts CECL and the amount of the (2) A national bank or Federal savings savings association adopts CECL from national bank’s or Federal savings association that elects to use the CECL the amount of the national bank’s or association’s ALLL as of the closing of transition provision must use the CECL Federal savings association’s retained the fiscal year-end immediately prior to transition provision in the first Call earnings as of the closing of the fiscal the national bank’s or Federal savings Report that includes CECL filed by the year-end immediately prior to the association’s adoption of CECL. national bank or Federal savings national bank’s or Federal savings (5) Eligible credit reserves transitional association after it adopts CECL. association’s adoption of CECL. amount means the increase in the (3) A national bank or Federal savings (3) DTA transitional amount means amount of a national bank’s or Federal association that does not elect to use the the increase in the amount of a national savings association’s eligible credit CECL transition provision as of the first bank’s or Federal savings association’s reserves as of the beginning of the fiscal Call Report that includes CECL filed as DTAs arising from temporary year in which the national bank or described in paragraph (a)(2) of this differences as of the beginning of the Federal savings association adopts CECL

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22328 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

from the amount of the national bank’s national bank or Federal savings the business combination) that it or Federal savings association’s eligible association must make the following calculated as of the date that it adopted credit reserves as of the closing of the additional adjustments to its calculation CECL through the end of its transition fiscal year-end immediately prior to the of regulatory capital ratios: period. national bank’s or Federal savings (i) Increase total leverage exposure for (ii) If the acquired insured depository association’s adoption of CECL. purposes of the supplementary leverage institution (as determined under GAAP) (c) Calculation of CECL transition ratio by seventy-five percent of its CECL elected the treatment described in this provision. (1) For purposes of the transitional amount during the first year section, any transitional amount of the election described in paragraph (a)(1) of of the transition period, increase total acquired insured depository institution this section, a national bank or Federal leverage exposure for purposes of the does not transfer to the resulting savings association must make the supplementary leverage ratio by fifty national bank or Federal savings following adjustments in its calculation percent of its CECL transitional amount association. of regulatory capital ratios: during the second year of the transition (i) Increase retained earnings by period, and increase total leverage PART 5—RULES, POLICIES, AND seventy-five percent of its CECL exposure for purposes of the PROCEDURES FOR CORPORATE transitional amount during the first year supplementary leverage ratio by twenty- ACTIVITIES of the transition period, increase five percent of its CECL transitional ■ 10. The authority citation for part 5 retained earnings by fifty percent of its amount during the third year of the continues to read as follows: CECL transitional amount during the transition period; and second year of the transition period, and (ii) An advanced approaches national Authority: 12 U.S.C. 1 et seq., 24a, 93a, increase retained earnings by twenty- bank or Federal savings association that 215a–2, 215a–3, 481, 1462a, 1463, 1464, 2901 et seq., 3907, and 5412(b)(2)(B). five percent of its CECL transitional has completed the parallel run process amount during the third year of the and that has received notification from ■ 11. Section 5.3 is amended by revising transition period; the OCC pursuant to § 3.121(d) must paragraph (e)(2) to read as follows: (ii) Decrease amounts of DTAs arising decrease amounts of eligible credit § 5.3 Definitions. from temporary differences by seventy- reserves by seventy-five percent of its five percent of its DTA transitional eligible credit reserves transitional * * * * * (e) * * * amount during the first year of the amount during the first year of the (2) The balance of a national bank’s or transition period, decrease amounts of transition period, decrease amounts of Federal savings association’s allowance DTAs arising from temporary eligible credit reserves by fifty percent for loan and lease losses or allowance differences by fifty percent of its DTA of its eligible credit reserves transitional for credit losses, as applicable, not transitional amount during the second amount during the second year of the included in the bank’s Tier 2 capital, for year of the transition period, and transition provision, and decrease purposes of the calculation of risk-based decrease amounts of DTAs arising from amounts of eligible credit reserves by capital described in paragraph (e)(1) of temporary differences by twenty-five twenty-five percent of its eligible credit this section, as reported in the Call percent of its DTA transitional amount reserves transitional amount during the Report. during the third year of the transition third year of the transition period. period; (3) A national bank or Federal savings * * * * * ■ (iii) Decrease amounts of ACL by association that has completed the 12. Section 5.37 is amended by seventy-five percent of its ACL parallel run process and that has revising paragraph (c)(3)(ii) to read as transitional amount during the first year received notification from the OCC follows: of the transition period, decrease pursuant to § 3.121(d), and whose § 5.37 Investment in national bank or amounts of ACL by fifty percent of its amount of expected credit loss exceeded Federal savings association premises. ACL transitional amount during the its eligible credit reserves immediately * * * * * second year of the transition period, and prior to the adoption of CECL, and that (c) * * * decrease amounts of ACL by twenty-five this has an increase in common equity (3) * * * percent of its ACL transitional amount tier 1 capital as of the beginning of the (ii) The balance of a national bank’s during the third year of the transition fiscal year in which it adopts CECL after or Federal savings association’s period; and including the first year portion of the allowance for loan and lease losses or (iv) Increase average total CECL transitional amount must decrease allowance for credit losses, as consolidated assets as reported on the its CECL transitional amount used in applicable, not included in the bank’s Call Report for purposes of the leverage paragraph (c) of this section by the full Tier 2 capital, for purposes of the ratio by seventy-five percent of its CECL amount of its DTA transitional amount. calculation of risk-based capital transitional amount during the first year (4) Notwithstanding any other described in paragraph (c)(3)(i) of this of the transition period, increase average requirement in this section, for purposes section, as reported in the Call Report. total consolidated assets as reported on of this paragraph (c)(4), in the event of * * * * * the Call Report for purposes of the a business combination involving a leverage ratio by fifty percent of its national bank or Federal savings PART 23—LEASING CECL transitional amount during the association where one or both of the second year of the transition period, and national bank or Federal savings ■ 13. The authority citation for part 23 increase average total consolidated association have elected the treatment continues to read as follows: assets as reported on the Call Report for described in this section: Authority: 12 U.S.C. 1 et seq., 24(Seventh), purposes of the leverage ratio twenty- (i) If the acquirer national bank or 24(Tenth), and 93a. five percent of its CECL transitional Federal savings association (as ■ 14. Section 23.2 is amended by amount during the third year of the determined under GAAP) elected the revising paragraph (b)(2) to read as transition period. treatment described in this section, the follows: (2) For purposes of the election acquirer national bank or Federal described in paragraph (a)(1) of this savings association must continue to use § 23.2 Definitions. section, an advanced approaches the transitional amounts (unaffected by * * * * *

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22329

(b) * * * Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, (as defined in § 217.2 of this chapter); (2) The balance of a bank’s allowance 371, 1462a, 1463, 1464, 1465, 1701j–3, and for loan and lease losses or allowance 1828(o), 3331 et seq., 5101 et seq., and (2) The balance of a member bank’s for credit losses, as applicable, not 5412(b)(2)(B) and 15 U.S.C. 1639h. allowance for loan and lease losses or included in the bank’s Tier 2 capital, for ■ 20. Section 34.81 is amended by allowance for credit losses, as purposes of the calculation of risk-based revising paragraph (a)(2) to read as applicable, not included in its tier 2 capital described in paragraph (b)(1) of follows: capital for calculation of risk-based this section, as reported in the bank’s capital, based on the bank’s most recent § 34.81 Definitions. Call Report. Report of Condition and Income filed * * * * * (a) * * * under 12 U.S.C. 324. (2) The balance of a bank’s allowance * * * * * PART 24—COMMUNITY AND for loan and lease losses or allowance ECONOMIC DEVELOPMENT ENTITIES, for credit losses, as applicable, not PART 211—INTERNATIONAL COMMUNITY DEVELOPMENT included in the bank’s Tier 2 capital, for BANKING OPERATIONS PROJECTS, AND OTHER PUBLIC purposes of the calculation of risk-based (REGULATION K) WELFARE INVESTMENTS capital described in paragraph (a)(1) of this section, as reported in the bank’s ■ 25. The authority citation for part 211 ■ 15. The authority citation for part 24 Call Report. continues to read as follows: continues to read as follows: * * * * * Authority: 12 U.S.C. 221 et seq., 1818, Authority: 12 U.S.C. 24(Eleventh), 93a, 481 1835a,1841 et seq., 3101 et seq., 3901 et seq., and 1818. PART 46—ANNUAL STRESS TEST and 5101 et seq.; 15 U.S.C. 1681s, 1681w, 6801 and 6805. ■ 16. Section 24.2 is amended by ■ 21. The authority citation for part 46 revising paragraph (b)(2) to read as continues to read as follows: Subpart A—International Operations of follows: Authority: 12 U.S.C. 93a; 1463(a)(2); U.S. Banking Organizations § 24.2 Definitions. 5365(i)(2); and 5412(b)(2)(B). ■ 26. In § 211.2, revise paragraph (c)(1) * * * * * § 46.8 [Amended] to read as follows: (b) * * * ■ 22. Section 46.8 is amended by § 211.2 Definitions. (2) The balance of a bank’s allowance removing the phrase ‘‘loan and lease’’ * * * * * for loan and lease losses or allowance and adding in its place ‘‘credit’’ (c) Capital and surplus means, unless for credit losses, as applicable, not wherever that phrase appears. otherwise provided in this part: included in the bank’s Tier 2 capital, for (1) For organizations subject to 12 purposes of the calculation of risk-based Board of Governors of the Federal Reserve System CFR part 217 (Regulation Q): capital described in paragraph (b)(1) of (i) Tier 1 and tier 2 capital included this section, as reported in the bank’s 12 CFR Chapter II in an organization’s risk-based capital Call Report. Authority and Issuance (under Regulation Q); and * * * * * For the reasons set forth in the (ii) The balance of allowance for loan and lease losses or allowance for credit PART 32—LENDING LIMITS preamble, chapter II of title 12 of the Code of Federal Regulations is proposed losses, as applicable, not included in an ■ 17. The authority citation for part 32 to be amended as follows: organization’s tier 2 capital for continues to read as follows: calculation of risk-based capital, based on the organization’s most recent Authority: 12 U.S.C. 1 et seq., 12 U.S.C. PART 208—MEMBERSHIP OF STATE 84, 93a, 1462a, 1463, 1464(u), 5412(b)(2)(B), BANKING INSTITUTIONS IN THE consolidated Report of Condition and and 15 U.S.C. 1639h. FEDERAL RESERVE SYSTEM Income. (REGULATION H) * * * * * ■ 18. Section 32.2 is amended by revising paragraph (c)(2) to read as ■ 23. The authority citation for part 208 Subpart D—International Lending follows: continues to read as follows: Supervision

§ 32.2 Definitions. Authority: 12 U.S.C. 24, 36, 92a, 93a, ■ 248(a), 248(c), 321–338a, 371d, 461, 481–486, 27. In § 211.43, revise paragraph (c)(4) * * * * * 601, 611, 1814, 1816, 1818, 1820(d)(9), to read as follows: (c) * * * 1833(j), 1828(o), 1831, 1831o, 1831p–1, § 211.43 Allocated transfer risk reserve. (2) The balance of a national bank’s or 1831r–1, 1831w, 1831x, 1835a, 1882, 2901– savings association’s allowance for loan 2907, 3105, 3310, 3331–3351, 3905–3909, * * * * * and lease losses or allowance for credit and 5371; 15 U.S.C. 78b, 78I(b), 78l(i), 780– (c) * * * losses, as applicable, not included in the 4(c)(5), 78q, 78q–1, and 78w, 1681s, 1681w, (4) Alternative accounting treatment. bank’s Tier 2 capital, for purposes of the 6801, and 6805; 31 U.S.C. 5318; 42 U.S.C. A banking institution is not required to 4012a, 4104a, 4104b, 4106 and 4128. calculation of risk-based capital establish an ATRR if it writes down in described in paragraph (c)(1) of this ■ 24. In § 208.2, paragraph (d) is revised the period in which the ATRR is section, as reported in the bank’s Call to read as follows: required, or has written down in prior Report. periods, the value of the specified § 208.2 Definitions. international assets in the requisite * * * * * * * * * * amount for each such asset. For PART 34—REAL ESTATE LENDING (d) Capital stock and surplus means, purposes of this paragraph (c)(4), AND APPRAISALS unless otherwise provided in this part, international assets may be written or by statute: down by a charge to the Allowance for ■ 19. The authority citation for part 32 (1) Tier 1 and tier 2 capital included Loan and Lease Losses or the allowance continues to read as follows: in a member bank’s risk-based capital for credit losses, as applicable, to the

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22330 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

extent permitted under U.S. generally definition of Standardized total risk- credit losses associated with on- or off- accepted accounting principles, or a weighted assets. balance sheet wholesale and retail reduction in the principal amount of the The additions and revisions read as exposures, including ACL associated asset by application of interest follows: with such exposures. Eligible credit payments or other collections on the reserves exclude allocated transfer risk § 217.2 Definitions. asset. However, the Allowance for Loan reserves established pursuant to 12 and Lease Losses or allowance for credit * * * * * U.S.C. 3904, allowances that reflect losses, as applicable, must be Allowance for credit losses (ACL) credit losses on purchased credit- replenished in such amount necessary means, with respect to a Board- deteriorated assets and available-for-sale to restore it to a level which adequately regulated institution that has adopted debt securities, and other specific provides for the estimated losses CECL, valuation allowances that have reserves created against recognized inherent in the banking institution’s been established through a charge losses. against earnings or retained earnings for loan portfolio. * * * * * * * * * * expected credit losses on financial assets measured at amortized cost and a Standardized total risk-weighted PART 215—LOANS TO EXECUTIVE lessor’s net investment in leases that assets *** OFFICERS, DIRECTORS, AND have been established to reduce the (2) Any amount of the Board- PRINCIPAL SHAREHOLDERS OF amortized cost basis of the assets to regulated institution’s allowance for MEMBER BANKS (REGULATION O) amounts expected to be collected as loan and lease losses or allowance for determined in accordance with GAAP. credit losses, as applicable, that is not ■ 28. The authority citation for part 215 For purposes of this part, allowance for included in tier 2 capital and any continues to read as follows: credit losses includes allowances for amount of ‘‘allocated transfer risk Authority: 12 U.S.C. 248(a), 375a(10), expected credit losses on off-balance reserves.’’ 375b(9) and (10), 1468, 1817(k), 5412; and sheet credit exposures not accounted for * * * * * Pub. L. 102–242, 105 Stat. 2236 (1991). as insurance as determined in ■ 29. In § 215.2, revise paragraph (i)(2) accordance with GAAP. Allowance for § 217.10 [Amended] to read as follows: credit losses excludes ‘‘allocated transfer risk reserves’’ and allowances ■ 32. In § 217.10(c)(3)(ii)(A), remove the § 215.2 Definitions. created that reflect credit losses on words ‘‘allowance for loan and lease * * * * * purchased credit-deteriorated assets and losses’’ and add in their place the words (i) * * * available-for-sale debt securities. ‘‘allowance for loan and lease losses or (2) The balance of the bank’s * * * * * allowance for credit losses, as allowance for loan and lease losses or Carrying value means, with respect to applicable,’’. allowance for credit losses, as an asset, the value of the asset on the applicable, not included in the bank’s §§ 217.20(d)(3), 217.22, and 217.124 balance sheet of a Board-regulated tier 2 capital for purposes of the [Amended] institution as determined in accordance calculation of risk-based capital under ■ with GAAP. For all assets other than 33. In §§ 217.20, 217.22, and 217.124, the capital rules of the appropriate available-for-sale debt securities or remove ‘‘ALLL’’ everywhere it appears Federal banking agency, based on the purchased credit-deteriorated assets, the and add in its place ‘‘ALLL or ACL, as bank’s most recent consolidated reports carrying value is not reduced by any applicable,’’. of condition filed under 12 U.S.C. associated credit loss allowance that is 1817(a)(3). § 217.63 [Amended] determined in accordance with GAAP. * * * * * ■ * * * * * 34. In Table 5 to § 217.63, remove Current expected credit losses (CECL) ‘‘allowance for loan and lease losses,’’ PART 217—CAPITAL ADEQUACY OF and ‘‘allowance for loan and lease BANK HOLDING COMPANIES, means the current expected credit losses methodology under GAAP. losses’’ and add in their place SAVINGS AND LOAN HOLDING ‘‘allowance for loan and lease losses or COMPANIES, AND STATE MEMBER * * * * * allowance for credit losses, as BANKS (REGULATION Q) Eligible credit reserves means: applicable,’’ and remove ‘‘ALLL’’ and (1) For a Board-regulated institution ■ add in its place ‘‘ALLL or ACL, as 30. The authority citation for part 217 that has not adopted CECL, all general applicable’’. continues to read as follows: allowances that have been established Authority: 12 U.S.C. 248(a), 321–338a, through a charge against earnings to ■ 35. Amend § 217.173 as follows: 481–486, 1462a, 1467a, 1818, 1828, 1831n, cover estimated credit losses associated ■ a. In Table 2, add paragraph (e); 1831o, 1831p–l, 1831w, 1835, 1844(b), 1851, with on- or off-balance sheet wholesale ■ 3904, 3906–3909, 4808, 5365, 5368, 5371. and retail exposures, including the b. In Table 3, revise paragraph (e), redesignate paragraph (f) as paragraph ■ 31. In § 217.2: ALLL associated with such exposures, (g), and add a new paragraph (f); and ■ a. Add the definition of Allowance for but excluding allocated transfer risk credit losses (ACL) in alphabetical order; reserves established pursuant to 12 ■ c. In Table 5, revise paragraphs (a), (e), ■ b. Revise the definition of Carrying U.S.C. 3904 and other specific reserves and (g). value; created against recognized losses; and The additions and revisions read as ■ c. Add the definition of Current (2) For a Board-regulated institution follows: expected credit losses (CECL) in that has adopted CECL, all general alphabetical order; and allowances that have been established § 217.173 Disclosures by certain advanced ■ d. Revise the definition of Eligible through a charge against earnings or approaches Board-regulated institutions. credit reserves and paragraph (2) of the retained earnings to cover expected * * * * *

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22331

TABLE 2 TO § 217.173—CAPITAL STRUCTURE

******* (e) ...... (1) Whether the Board-regulated institution has elected to phase in recognition of the transitional amounts as defined in § 217.300(f). (2) The Board-regulated institution’s common equity tier 1 capital, tier 1 capital, and total capital without in- cluding the transitional amounts as defined in § 217.300(f).

TABLE 3 TO § 217.173—CAPITAL ADEQUACY

******* (e) ...... (1) Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the transition provisions de- scribed in § 217.300(f): (A) For the top consolidated group; and (2) For each depository institution subsidiary. (f) ...... Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the full adoption of CECL: (1) For the top consolidated group; and (2) For each depository institution subsidiary.

*******

* * * * *

TABLE 5 1 TO § 217.173—CREDIT RISK: GENERAL DISCLOSURES

Qualitative dis- (a) ...... The general qualitative disclosure requirement with respect to credit risk (excluding counterparty credit risk closures. disclosed in accordance with Table 7 to § 217.173), including: (1) Policy for determining past due or delinquency status; (2) Policy for placing loans on nonaccrual; (3) Policy for returning loans to accrual status; (4) Definition of and policy for identifying impaired loans (for financial accounting purposes); (5) Description of the methodology that the entity uses to estimate its allowance for loan and lease losses or allowance for credit losses, as applicable, including statistical methods used where appli- cable; (6) Policy for charging-off uncollectible amounts; and (7) Discussion of the Board-regulated institution’s credit risk management policy.

******* (e) ...... By major industry or counterparty type: (1) Amount of impaired loans for which there was a related allowance under GAAP; (2) Amount of impaired loans for which there was no related allowance under GAAP; (3) Amount of loans past due 90 days and on nonaccrual; (4) Amount of loans past due 90 days and still accruing; 4 (5) The balance in the allowance for loan and lease losses or allowance for credit losses, as applica- ble, at the end of each period, disaggregated on the basis of the entity’s impairment method. To disaggregate the information required on the basis of impairment methodology, an entity shall sepa- rately disclose the amounts based on the requirements in GAAP; and (6) Charge-offs during the period.

******* (g) ...... Reconciliation of changes in ALLL or ACL, as applicable.6

******* 1 Table 5 to § 217.173 does not cover equity exposures, which should be reported in Table 9. ******* 4 A Board-regulated institution is encouraged also to provide an analysis of the aging of past-due loans. ******* 6 The reconciliation should include the following: a description of the allowance; the opening balance of the allowance; charge-offs taken against the allowance during the period; amounts provided (or reversed) for estimated probable loan losses during the period; any other adjust- ments (for example, exchange rate differences, business combinations, acquisitions and disposals of subsidiaries), including transfers between allowances; and the closing balance of the allowance. Charge-offs and recoveries that have been recorded directly to the income statement should be disclosed separately.

* * * * * § 217.301 Current expected credit losses pursuant to this section only if the (CECL) transition. ■ 36. Add § 217.301 to read as follows: Board-regulated institution records a (a) CECL transition provision—(1) A reduction in retained earnings due to Board-regulated institution may elect to the adoption of CECL as of the use a CECL transition provision beginning of the fiscal year in which the

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22332 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

Board-regulated institution adopts Board-regulated institution’s adoption (i) Increase total leverage exposure for CECL. of CECL. purposes of the supplementary leverage (2) A Board-regulated institution that (c) Calculation of CECL transition ratio by seventy-five percent of its CECL elects to use the CECL transition provision. (1) For purposes of the transitional amount during the first year provision must use the CECL transition election described in paragraph (a)(1) of of the transition period, increase total provision in the first Call Report or this section, a Board-regulated leverage exposure for purposes of the FR Y–9C that includes CECL filed by the institution must make the following supplementary leverage ratio by fifty Board-regulated institution after it adjustments in its calculation of percent of its CECL transitional amount adopts CECL. regulatory capital ratios: during the second year of the transition (3) A Board-regulated institution that (i) Increase retained earnings by period, and increase total leverage does not elect to use the CECL transition seventy-five percent of its CECL exposure for purposes of the provision as of the first Call Report or transitional amount during the first year supplementary leverage ratio by twenty- FR Y–9C that includes CECL filed as of the transition period, increase five percent of its CECL transitional described in paragraph (a)(2) of this retained earnings by fifty percent of its amount during the third year of the section may not elect to use the CECL CECL transitional amount during the transition period; and transition provision in subsequent second year of the transition period, and (ii) An advanced approaches Board- reporting periods. increase retained earnings by twenty- regulated institution that has completed (b) Definitions. For purposes of this five percent of its CECL transitional the parallel run process and has section, the following definitions apply: amount during the third year of the received notification from the Board transition period; (1) Transition period means the three- pursuant to § 217.121(d) must decrease (ii) Decrease amounts of DTAs arising year period (twelve quarters) beginning amounts of eligible credit reserves by from temporary differences by seventy- the first day of the fiscal year in which seventy-five percent of its eligible credit five percent of its DTA transitional reserves transitional amount during the a Board-regulated institution adopts amount during the first year of the CECL. first year of the transition period, transition period, decrease amounts of decrease amounts of eligible credit (2) CECL transitional amount means DTAs arising from temporary reserves by fifty percent of its eligible the decrease net of any DTAs in the differences by fifty percent of its DTA credit reserves transitional amount amount of a Board-regulated transitional amount during the second during the second year of the transition institution’s retained earnings as of the year of the transition period, and provision, and decrease amounts of beginning of the fiscal year in which the decrease amounts of DTAs arising from eligible credit reserves by twenty-five Board-regulated institution adopts CECL temporary differences by twenty-five percent of its eligible credit reserves from the amount of the Board-regulated percent of its DTA transitional amount transitional amount during the third institution’s retained earnings as of the during the third year of the transition year of the transition period. closing of the fiscal year-end period; (3) An advanced approaches Board- immediately prior to the Board- (iii) Decrease amounts of ACL by regulated institution that has completed regulated institution’s adoption of seventy-five percent of its ACL the parallel run process and has CECL. transitional amount during the first year received notification from the Board (3) DTA transitional amount means of the transition period, decrease pursuant to § 217.121(d), whose amount the increase in the amount of a Board- amounts of ACL by fifty percent of its of expected credit loss exceeded its regulated institution’s DTAs arising ACL transitional amount during the eligible credit reserves immediately from temporary differences as of the second year of the transition period, and prior to the adoption of CECL, and that beginning of the fiscal year in which the decrease amounts of ACL by twenty-five has an increase in common equity tier Board-regulated institution adopts CECL percent of its ACL transitional amount 1 capital as of the beginning of the fiscal from the amount of the Board-regulated during the third year of the transition year in which it adopts CECL after institution’s DTAs arising from period; and including the first year portion of the temporary differences as of the closing (iv) Increase average total CECL transitional amount must decrease of the fiscal year-end immediately prior consolidated assets as reported on the its CECL transitional amount used in to the Board-regulated institution’s Call Report or FR Y–9C for purposes of paragraph (c) of this section by the full adoption of CECL. the leverage ratio by seventy-five amount of its DTA transitional amount. (4) ACL transitional amount means percent of its CECL transitional amount (4) Notwithstanding any other the difference in the amount of a Board- during the first year of the transition requirement in this section, for purposes regulated institution’s ACL as of the period, increase average total of this paragraph (c)(4), in the event of beginning of the fiscal year in which the consolidated assets as reported on the a business combination involving Board-regulated institution adopts CECL Call Report or FR Y–9C for purposes of Board-regulated institutions where one and the amount of the Board-regulated the leverage ratio by fifty percent of its or both Board-regulated institutions institution’s ALLL as of the closing of CECL transitional amount during the have elected the treatment described in the fiscal year-end immediately prior to second year of the transition period, and this section: the Board-regulated institution’s increase average total consolidated (i) If the acquirer Board-regulated adoption of CECL. assets as reported on the Call Report or institution (as determined under GAAP) (5) Eligible credit reserves transitional FR Y–9C for purposes of the leverage elected the treatment described in this amount means the increase in the ratio twenty-five percent of its CECL section, the acquirer Board-regulated amount of a Board-regulated transitional amount during the third institution must continue to use the institution’s eligible credit reserves as of year of the transition period. transitional amounts (unaffected by the the beginning of the fiscal year in which (2) For purposes of the election business combination) that it calculated the Board-regulated institution adopts described in paragraph (a)(1) of this as of the date that it adopted CECL CECL from the amount of the Board- section, an advanced approaches Board- through the end of its transition period. regulated institution’s eligible credit regulated institution must make the (ii) If the acquired company (as reserves as of the closing of the fiscal following additional adjustments to its determined under GAAP) elected the year-end immediately prior to the calculation of regulatory capital ratios: treatment described in this section, any

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22333

transitional amount of the acquired The revision reads as follows: FR Y–9C or Call Report, as appropriate, company does not transfer to the by a bank holding company, savings and resulting Board-regulated institution. § 225.127 Investments in corporations or loan holding company, or state member projects designed primarily to promote community welfare. bank that has not adopted the current PART 223—TRANSACTIONS expected credit losses methodology * * * * * BETWEEN MEMBER BANKS AND under GAAP; and (h) For purposes of paragraph (f) of THEIR AFFILIATES (REGULATION W) (2) Beginning January 1, 2020: this section, five percent of the total (i) With respect to a covered company ■ 37. The authority citation for part 223 consolidated capital stock and surplus that has adopted the current expected continues to read as follows: of a bank holding company includes its credit losses methodology under GAAP, total investment in projects described in Authority: 12 U.S.C. 371c(b)(1)(E), the provision for credit losses, as would paragraph (f) of this section, when (b)(2)(A), and (f), 371c–1(e), 1828(j), 1468(a), be reported by the bank holding aggregated with similar types of and section 312(b)(2)(A) of the Dodd-Frank company, savings and loan holding Wall Street Reform and Consumer Protection investments made by depository company, or state member bank on the Act (12 U.S.C. 5412). institutions controlled by the bank FR Y–9C or Call Report, as appropriate, holding company. The term total in the current stress test cycle; and Subpart A—Introduction and consolidated capital stock and surplus (ii) With respect to a bank holding Definitions of the bank holding company means company, savings and loan holding total equity capital and the allowance ■ 38. In § 223.3, revise paragraph (d) to company, or state member bank that has for loan and lease losses or allowance read as follows: not adopted the current expected credit for credit losses, as applicable, based on losses methodology under GAAP, the § 223.3 What are the meanings of the other the bank holding company’s most recent provision for loan and lease losses as terms used in sections 23A and 23B and FR Y–9C (Consolidated Financial would be reported by the bank holding this part? Statements for Holding Companies) or company, savings and loan holding * * * * * FR Y–9SP (Parent Company Only company, or state member bank on the (d) Capital stock and surplus means Financial Statements for Small Holding FR Y–9C or Call Report, as appropriate, the sum of: Companies). in the current stress test cycle. (1) A member bank’s tier 1 and tier 2 capital under the capital rules of the PART 252—ENHANCED PRUDENTIAL * * * * * ■ appropriate Federal banking agency, STANDARDS (REGULATION YY) 43. In § 252.15, revise paragraphs (a)(1) and (2) to read as follows: based on the member bank’s most recent ■ 41. The authority citation for part 252 consolidated Report of Condition and continues to read as follows: § 252.15 Methodologies and practices. Income filed under 12 U.S.C. 1817(a)(3); (a) * * * (2) The balance of a member bank’s Authority: 12 U.S.C. 321–338a, 481–486, 1467a, 1818, 1828, 1831n, 1831o, 1831p–l, (1) Losses, pre-provision net revenue, allowance for loan and lease losses or 1831w, 1835, 1844(b), 1844(c), 3101 et seq., provision for credit losses, and net allowance for credit losses, as 3101 note, 3904, 3906–3909, 4808, 5361, income; and applicable, not included in its tier 2 5362, 5365, 5366, 5367, 5368, 5371. (2) The potential impact on the capital under the capital rules of the regulatory capital levels and ratios appropriate Federal banking agency, Subpart B—Company-Run Stress Test applicable to the covered bank, and any based on the member bank’s most recent Requirements for Certain U.S. Banking other capital ratios specified by the consolidated Report of Condition and Organizations With Total Consolidated Board, incorporating the effects of any Income filed under 12 U.S.C. 1817(a)(3); Assets Over $10 Billion and Less Than capital action over the planning horizon and $50 Billion and maintenance of an allowance for (3) The amount of any investment by ■ 42. In § 252.12, revise paragraph (m) loan losses or allowance for credit a member bank in a financial subsidiary to read as follows: losses, as appropriate, for credit that counts as a covered transaction and exposures throughout the planning is required to be deducted from the § 252.12 Definitions. horizon. member bank’s capital for regulatory * * * * * * * * * * capital purposes. (m) Provision for credit losses means: ■ 44. In § 252.16, revise paragraph (b)(3) * * * * * (1) Until December 31, 2019: to read as follows: (i) With respect to a bank holding PART 225—BANK HOLDING company, savings and loan holding § 252.16 Reports of stress test results. COMPANIES AND CHANGE IN BANK company, or state member bank that has * * * * * CONTROL (REGULATION Y) not adopted the current expected credit (b) * * * losses methodology under U.S. (3) For each quarter of the planning ■ 39. The authority citation for part 225 generally accepted accounting horizon, estimates of aggregate losses, continues to read as follows: principles (GAAP), the provision for pre-provision net revenue, provision for Authority: 12 U.S.C. 1817(j)(13), 1818, loan and lease losses as reported on the credit losses, net income, and regulatory 1828(o), 1831i, 1831p–1831i, 1843(c)(8), FR Y–9C (and as would be reported on capital ratios; 1844(b), 1972(1), 3106, 3108, 3310, 3331– the FR Y–9C or Call Report, as 3351, 3906, 3907 and 3909; 15 U.S.C. 1681s, * * * * * appropriate, in the current stress test ■ 1681w, 6801 and 6805. 45. In § 252.17, revise paragraphs cycle); and, (b)(1)(iii)(C), (b)(3)(iii)(C), and (c)(1) to ■ 40. In § 225.127: (ii) With respect to a bank holding read as follows: ■ a. Remove ‘‘225.25(b)(6)’’ everywhere company, savings and loan holding it appears and add in its place company, or state member bank that has § 252.17 Disclosure of stress test results. ‘‘225.28(b)(12)’’ and remove ‘‘§ 225.23’’ adopted the current expected credit * * * * * everywhere it appears and add in its losses methodology under GAAP, the (b) * * * place ‘‘§ 225.23 or § 225.24’’; and provision for loan and lease losses, as (1) * * * ■ b. Revise paragraph (h). would be calculated and reported on the (iii) * * *

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22334 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

(C) Provision for credit losses; § 252.45 Data and information required to (2) The potential impact on the * * * * * be submitted in support of the Board’s regulatory capital levels and ratios analyses. (3) * * * applicable to the covered bank, and any * * * * * other capital ratios specified by the (iii) * * * (b) * * * Board, incorporating the effects of any (C) Provision for credit losses; (2) Project a company’s pre-provision capital action over the planning horizon * * * * * net revenue, losses, provision for credit and maintenance of an allowance for (c) * * * losses, and net income; and pro forma loan losses or allowance for credit (1) The disclosure of aggregate losses, capital levels, regulatory capital ratios, losses, as appropriate, for credit pre-provision net revenue, provision for and any other capital ratio specified by exposures throughout the planning credit losses, and net income that is the Board under the scenarios described horizon. required under paragraph (b) of this in § 252.44(b). * * * * * section must be on a cumulative basis * * * * * ■ 50. In § 252.58, revise paragraphs over the planning horizon. (b)(2), (b)(3)(ii), and (c)(1)(ii) to read as Subpart F—Company-Run Stress Test follows: * * * * * Requirements for U.S. Bank Holding Subpart E—Supervisory Stress Test Companies With $50 Billion or More in § 252.58 Disclosure of stress test results. Requirements for U.S. Bank Holding Total Consolidated Assets and * * * * * Companies With $50 Billion or More in Nonbank Financial Companies (b) * * * Total Consolidated Assets and Supervised by the Board (2) A general description of the Nonbank Financial Companies ■ 48. In § 252.52, revise paragraph (m) methodologies used in the stress test, Supervised by the Board to read as follows: including those employed to estimate losses, revenues, provision for credit ■ 46. In § 252.42, revise paragraph (l) to § 252.52 Definitions. losses, and changes in capital positions read as follows: * * * * * over the planning horizon; (3) * * * § 252.42 Definitions. (m) Provision for credit losses means: (1) Until December 31, 2019: (ii) Provision for credit losses, * * * * * (i) With respect to a covered company realized losses or gains on available-for- (l) Provision for credit losses means: that has not adopted the current sale and held-to-maturity securities, (1) Until December 31, 2019: expected credit losses methodology trading and counterparty losses or gains; (i) With respect to a covered company under GAAP, the provision for loan and * * * * * that has not adopted the current lease losses as reported on the FR Y–9C (c) * * * expected credit losses methodology (and as would be reported on the FR Y– (1) * * * under U.S. generally accepted 9C in the current stress test cycle); and (ii) Provision for credit losses, accounting principles (GAAP), the (ii) With respect to a covered realized losses/gains on available-for- provision for loan and lease losses as company that has adopted the current sale and held-to-maturity securities, reported on the FR Y–9C (and as would expected credit losses methodology trading and counterparty losses, and be reported on the FR Y–9C in the under GAAP, the provision for loan and other losses or gain; current stress test cycle); and lease losses, as would be calculated and * * * * * (ii) With respect to a covered reported on the FR Y–9C by a covered company that has adopted the current company that has not adopted the Federal Deposit Insurance Corporation expected credit losses methodology current expected credit losses 12 CFR Chapter III under GAAP, the provision for loan and methodology under GAAP; and Authority and Issuance lease losses, as would be calculated and (2) Beginning January 1, 2020: reported on the FR Y–9C by a covered (i) With respect to a covered company For the reasons stated in the company that has not adopted the that has adopted the current expected preamble, the Federal Deposit Insurance current expected credit losses credit losses methodology under GAAP, Corporation proposes to amend chapter methodology under GAAP; and the provision for credit losses, as would III of title 12, Code of Federal (2) Beginning January 1, 2020: be reported by the covered company on Regulations as follows: the FR Y–9C in the current stress test (i) With respect to a covered company cycle; and PART 324—CAPITAL ADEQUACY OF that has adopted the current expected (ii) With respect to a covered FDIC-SUPERVISED INSTITUTIONS credit losses methodology under GAAP, company that has not adopted the the provision for credit losses, as would ■ 51. The authority citation for part 324 current expected credit losses be reported by the covered company on continues to read as follows: methodology under GAAP, the the FR Y–9C in the current stress test provision for loan and lease losses as Authority: 12 U.S.C. 1815(a), 1815(b), cycle; and, would be reported by the covered 1816, 1818(a), 1818(b), 1818(c), 1818(t), (ii) With respect to a covered company on the FR Y–9C in the current 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n), 1828(o), 1831o, 1835, 3907, 3909, company that has not adopted the stress test cycle. current expected credit losses 4808; 5371; 5412; Pub. L. 102–233, 105 Stat. * * * * * 1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. methodology under GAAP, the ■ provision for loan and lease losses as 49. In § 252.56, revise paragraphs L. 102–242, 105 Stat. 2236, 2355, as amended (a)(1) and (2) to read as follows: by Pub. L. 103–325, 108 Stat. 2160, 2233 (12 would be reported by the covered U.S.C. 1828 note); Pub. L. 102–242, 105 Stat. company on the FR Y–9C in the current § 252.56 Methodologies and practices. 2236, 2386, as amended by Pub. L. 102–550, stress test cycle. (a) * * * 106 Stat. 3672, 4089 (12 U.S.C. 1828 note); * * * * * (1) Losses, pre-provision net revenue, Pub. L. 111–203, 124 Stat. 1376, 1887 (15 ■ 47. In § 252.45, revise paragraph (b)(2) provision for credit losses, and net U.S.C. 78o–7 note). to read as follows: income; and ■ 52. Section 324.2 is amended by:

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22335

■ a. Adding the definition of Allowance cover estimated credit losses associated (ii) For which the appropriate for credit losses (ACL) in alphabetical with on- or off-balance sheet wholesale accounting entries to recognize the loss order; and retail exposures, including the have not yet been made on the FDIC– ■ b. Revising the definitions of Carrying ALLL associated with such exposures, supervised institution’s books nor has value; but excluding allocated transfer risk the item been collected or otherwise ■ c. Adding the definition of Current reserves established pursuant to 12 settled. expected credit losses (CECL) in U.S.C. 3904 and other specific reserves * * * * * created against recognized losses; and alphabetical order; and Standardized total risk-weighted ■ (2) For an FDIC-supervised institution d. Revising the definitions of Eligible assets *** credit reserves and Identified losses and that has adopted CECL, all general paragraph (2) of the definition of allowances that have been established (2) Any amount of the FDIC– Standardized total risk-weighted assets. through a charge against earnings or supervised institution’s allowance for The additions and revisions read as retained earnings to cover expected loan and lease losses or allowance for follows: credit losses associated with on- or off- credit losses, as applicable, that is not balance sheet wholesale and retail included in tier 2 capital and any § 324.2 Definitions. exposures, including ACL associated amount of ‘‘allocated transfer risk * * * * * with such exposures. Eligible credit reserves.’’ Allowance for credit losses (ACL) reserves exclude allocated transfer risk * * * * * means, with respect to an FDIC- reserves established pursuant to 12 supervised institution that has adopted U.S.C. 3904, allowances that reflect § 324.10 [Amended] CECL, valuation allowances that have credit losses on purchased credit- ■ 53. Section 324.10(c)(3)(ii)(A) is been established through a charge deteriorated assets and available-for-sale amended by removing the words against earnings or retained earnings for debt securities, and other specific ‘‘allowance for loan and lease losses’’ expected credit losses on financial reserves created against recognized and adding in their place the words assets measured at amortized cost and a losses. ‘‘allowance for loan and lease losses or lessor’s net investment in leases that * * * * * allowance for credit losses, as have been established to reduce the Identified losses means: applicable,’’. amortized cost basis of the assets to (1) When measured as of the date of amounts expected to be collected as examination of an FDIC-supervised §§ 324.20, 324.22, and 324.124 [Amended] determined in accordance with GAAP. institution, those items that have been ■ 54. Sections 324.20, 324.22, and For purposes of this part, allowance for determined by an evaluation made by a 324.124 are amended by removing credit losses includes allowances for state or Federal examiner as of that date ‘‘ALLL’’ everywhere it appears and expected credit losses on off-balance to be chargeable against income, capital adding in its place ‘‘ALLL or ACL, as sheet credit exposures not accounted for and/or general valuation allowances applicable,’’, except the second as insurance as determined in such as the allowances for loan and occurrence in § 324.20(d)(3) and in accordance with GAAP. Allowance for lease losses (examples of identified § 324.124(a) where ‘‘ALLL or ACL, as credit losses excludes ‘‘allocated losses would be assets classified loss, applicable’’ is added in its place. transfer risk reserves’’ and allowances off-balance sheet items classified loss, created that reflect credit losses on any provision expenses that are § 324.63 [Amended] purchased credit-deteriorated assets and necessary for the FDIC–supervised ■ 55. Table 5 to § 324.63 is amended by available-for-sale debt securities. institution to record in order to removing ‘‘allowance for loan and lease * * * * * replenish its general valuation losses,’’ and ‘‘allowance for loan and Carrying value means, with respect to allowances to an adequate level, lease losses’’ and adding in their place an asset, the value of the asset on the liabilities not shown on the FDIC– ‘‘allowance for loan and lease losses or balance sheet of the FDIC-supervised supervised institution’s books, allowance for credit losses, as institution as determined in accordance estimated losses in contingent applicable,’’ and removing ‘‘ALLL’’ and with GAAP. For all assets other than liabilities, and differences in accounts adding in its place ‘‘ALLL or ACL, as available-for-sale debt securities or which represent shortages) or the applicable’’. purchased credit-deteriorated assets, the allowance for credit losses; and ■ 56. Section 324.173 is amended: (2) When measured as of any other carrying value is not reduced by any ■ a. In Table 2, by adding paragraph (e); associated credit loss allowance that is date, those items: (i) That have been determined— ■ b. In Table 3, by revising paragraph determined in accordance with GAAP. (A) By an evaluation made by a state (e), redesignating paragraph (f) as * * * * * or Federal examiner at the most recent paragraph (g), and adding a new Current expected credit losses (CECL) examination of an FDIC–supervised paragraph (f); and means the current expected credit losses institution to be chargeable against ■ c. In Table 5, by revising paragraphs methodology under GAAP. income, capital and/or general valuation (a), (e), and (g). * * * * * allowances; or The additions and revisions read as Eligible credit reserves means: (B) By evaluations made by the FDIC– follows: (1) For an FDIC-supervised institution supervised institution since its most that has not adopted CECL, all general recent examination to be chargeable § 324.173 Disclosures by certain advanced allowances that have been established against income, capital and/or general approaches FDIC-supervised institutions. through a charge against earnings to valuation allowances; and * * * * *

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22336 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

TABLE 2 TO § 324.173—CAPITAL STRUCTURE

******* (e) ...... (1) Whether the FDIC-supervised institution has elected to phase in recognition of the transitional amounts as defined in § 324.300(f). (2) The FDIC-supervised institution’s common equity tier 1 capital, tier 1 capital, and total capital without including the transitional amounts as defined in § 324.300(f).

TABLE 3 TO § 324.173—CAPITAL ADEQUACY

******* (e) ...... (1) Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the transition provisions de- scribed in § 324.300(f): (A) For the top consolidated group; and (2) For each depository institution subsidiary. (f) ...... Common equity tier 1, tier 1 and total risk-based capital ratios reflecting the full adoption of CECL: (1) For the top consolidated group; and (2) For each depository institution subsidiary.

*******

* * * * *

TABLE 51 TO § 324.173—CREDIT RISK: GENERAL DISCLOSURES

Qualitative dis- (a) ...... The general qualitative disclosure requirement with respect to credit risk (excluding counterparty credit risk closures. disclosed in accordance with Table 7 to § 324.173), including: (1) Policy for determining past due or delinquency status; (2) Policy for placing loans on nonaccrual; (3) Policy for returning loans to accrual status; (4) Definition of and policy for identifying impaired loans (for financial accounting purposes); (5) Description of the methodology that the entity uses to estimate its allowance for loan and lease losses or allowance for credit losses, as applicable, including statistical methods used where appli- cable; (6) Policy for charging-off uncollectible amounts; and (7) Discussion of the FDIC-supervised institution’s credit risk management policy.

******* (e) ...... By major industry or counterparty type: (1) Amount of impaired loans for which there was a related allowance under GAAP; (2) Amount of impaired loans for which there was no related allowance under GAAP; (3) Amount of loans past due 90 days and on nonaccrual; (4) Amount of loans past due 90 days and still accruing; 4 (5) The balance in the allowance for loan and lease losses or allowance for credit losses, as applica- ble, at the end of each period, disaggregated on the basis of the entity’s impairment method. To disaggregate the information required on the basis of impairment methodology, an entity shall sepa- rately disclose the amounts based on the requirements in GAAP; and (6) Charge-offs during the period.

******* (g) ...... Reconciliation of changes in ALLL or ACL, as applicable.6

******* 1 Table 5 to § 324.173 does not cover equity exposures, which should be reported in Table 9 to § 324.173. ******* 4 An FDIC-supervised institution is encouraged also to provide an analysis of the aging of past-due loans. ******* 6 The reconciliation should include the following: A description of the allowance; the opening balance of the allowance; charge-offs taken against the allowance during the period; amounts provided (or reversed) for estimated probable loan losses during the period; any other adjust- ments (for example, exchange rate differences, business combinations, acquisitions and disposals of subsidiaries), including transfers between allowances; and the closing balance of the allowance. Charge-offs and recoveries that have been recorded directly to the income statement should be disclosed separately.

* * * * * § 324.301 Current expected credit losses pursuant to this section only if the (CECL) transition. ■ 57. Add § 324.301 to read as follows: FDIC-supervised institution records a (a) CECL transition provision—(1) An reduction in retained earnings due to FDIC-supervised institution may elect to the adoption of CECL as of the use a CECL transition provision beginning of the fiscal year in which the

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22337

FDIC-supervised institution adopts year-end immediately prior to the FDIC- (i) Increase total leverage exposure for CECL. supervised institution’s adoption of purposes of the supplementary leverage (2) An FDIC-supervised institution CECL. ratio by seventy-five percent of its CECL that elects to use the CECL transition (c) Calculation of CECL transition transitional amount during the first year provision must use the CECL transition provision. (1) For purposes of the of the transition period, increase total provision in the first Call Report that election described in paragraph (a)(1) of leverage exposure for purposes of the includes CECL filed by the FDIC- this section, an FDIC-supervised supplementary leverage ratio by fifty supervised institution after it adopts institution must make the following percent of its CECL transitional amount CECL. adjustments in its calculation of during the second year of the transition (3) An FDIC-supervised institution regulatory capital ratios: period, and increase total leverage that does not elect to use the CECL (i) Increase retained earnings by exposure for purposes of the transition provision as of the first Call seventy-five percent of its CECL supplementary leverage ratio by twenty- Report that includes CECL filed as transitional amount during the first year five percent of its CECL transitional described in paragraph (a)(2) of this of the transition period, increase amount during the third year of the section may not elect to use the CECL retained earnings by fifty percent of its transition period; and transition provision in subsequent CECL transitional amount during the (ii) An advanced approaches FDIC- reporting periods. second year of the transition period, and supervised institution that has (b) Definitions. For purposes of this increase retained earnings by twenty- completed the parallel run process and section, the following definitions apply: five percent of its CECL transitional has received notification from the FDIC (1) Transition period means the three- amount during the third year of the pursuant to § 324.121(d) must decrease year period (twelve quarters) beginning transition period; amounts of eligible credit reserves by the first day of the fiscal year in which (ii) Decrease amounts of DTAs arising seventy-five percent of its eligible credit an FDIC-supervised institution adopts from temporary differences by seventy- reserves transitional amount during the CECL. five percent of its DTA transitional first year of the transition period, (2) CECL transitional amount means amount during the first year of the decrease amounts of eligible credit the decrease net of any DTAs in the transition period, decrease amounts of reserves by fifty percent of its eligible amount of an FDIC-supervised DTAs arising from temporary credit reserves transitional amount institution’s retained earnings as of the differences by fifty percent of its DTA during the second year of the transition beginning of the fiscal year in which the transitional amount during the second provision, and decrease amounts of FDIC-supervised institution adopts year of the transition period, and eligible credit reserves by twenty-five CECL from the amount of the FDIC- decrease amounts of DTAs arising from percent of its eligible credit reserves supervised institution’s retained temporary differences by twenty-five transitional amount during the third earnings as of the closing of the fiscal percent of its DTA transitional amount year of the transition period. year-end immediately prior to the FDIC- during the third year of the transition (3) An advanced approaches FDIC- supervised institution’s adoption of period; supervised institution that has CECL. (iii) Decrease amounts of ACL by completed the parallel run process and (3) DTA transitional amount means seventy-five percent of its ACL has received notification from the FDIC the increase in the amount of an FDIC- transitional amount during the first year pursuant to § 324.121(d), whose amount supervised institution’s DTAs arising of the transition period, decrease of expected credit loss exceeded its from temporary differences as of the amounts of ACL by fifty percent of its eligible credit reserves immediately beginning of the fiscal year in which the ACL transitional amount during the prior to the adoption of CECL, and that FDIC-supervised institution adopts second year of the transition period, and has an increase in common equity tier CECL from the amount of the FDIC- decrease amounts of ACL by twenty-five 1 capital as of the beginning of the fiscal supervised institution’s DTAs arising percent of its ACL transitional amount year in which it adopts CECL after from temporary differences as of the during the third year of the transition including the first year portion of the closing of the fiscal year-end period; and CECL transitional amount must decrease immediately prior to the FDIC- (iv) Increase average total its CECL transitional amount used in supervised institution’s adoption of consolidated assets as reported on the paragraph (c) of this section by the full CECL. Call Report for purposes of the leverage amount of its DTA transitional amount. (4) ACL transitional amount means ratio by seventy-five percent of its CECL (4) Notwithstanding any other the difference in the amount of an FDIC- transitional amount during the first year requirement in this section, for purposes supervised institution’s ACL as of the of the transition period, increase average of this paragraph (c)(4), in the event of beginning of the fiscal year in which the total consolidated assets as reported on a business combination involving FDIC- FDIC-supervised institution adopts the Call Report for purposes of the supervised institutions where one or CECL and the amount of the FDIC- leverage ratio by fifty percent of its both FDIC-supervised institutions have supervised institution’s ALLL as of the CECL transitional amount during the elected the treatment described in this closing of the fiscal year-end second year of the transition period, and section: immediately prior to the FDIC- increase average total consolidated (i) If the acquirer FDIC-supervised supervised institution’s adoption of assets as reported on the Call Report for institution (as determined under GAAP) CECL. purposes of the leverage ratio twenty- elected the treatment described in this (5) Eligible credit reserves transitional five percent of its CECL transitional section, the acquirer FDIC-supervised amount means the increase in the amount during the third year of the institution must continue to use the amount of a FDIC-supervised transition period. transitional amounts (unaffected by the institution’s eligible credit reserves as of (2) For purposes of the election business combination) that it calculated the beginning of the fiscal year in which described in paragraph (a)(1) of this as of the date that it adopted CECL the FDIC-supervised institution adopts section, an advanced approaches FDIC- through the end of its transition period. CECL from the amount of the FDIC- supervised institution must make the (ii) If the acquired insured depository supervised institution’s eligible credit following additional adjustments to its institution (as determined under GAAP) reserves as of the closing of the fiscal calculation of regulatory capital ratios: elected the treatment described in this

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 22338 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules

section, any transitional amount of the horizon and maintenance of an and lease financing receivable losses acquired insured depository institution allowance for loan losses or allowance (ALLL)’’ and adding in their place the does not transfer to the resulting FDIC- for credit losses, as appropriate, for words ‘‘allowance for loan and lease supervised institution. credit exposures throughout the financing receivable losses (ALLL) or planning horizon. allowance for credit losses, as PART 325—ANNUAL STRESS TEST * * * * * applicable’’. ■ 58. The authority citation for part 325 ■ 61. Section 325.6(b)(1) is revised to read as follows: PART 347—INTERNATIONAL continues to read as follows: BANKING Authority: 12 U.S.C. 5365(i)(2); 12 U.S.C. § 325.6 Required reports of stress test 5412(b)(2)(C); 12 U.S.C. 1818, 12 U.S.C. results to the FDIC and the Board of ■ 65. The authority citation for part 347 1819(a)(Tenth), 12 U.S.C. 1831o, and 12 Governors of the Federal Reserve System. continues to read as follows: U.S.C. 1831p–1. * * * * * Authority: 12 U.S.C. 1813, 1815, 1817, ■ 59. Section 325.2(g) is revised to read (b) * * * 1819, 1820, 1828, 3103, 3104, 3105, 3108, as follows: (1) The reports required under 3109; Pub L. 111–203, section 939A, 124 Stat. paragraph (a) of this section must 1376, 1887 (July 21, 2010) (codified 15 U.S.C. § 325.2 Definitions. include under the baseline scenario, 78o–7 note). * * * * * adverse scenario, severely adverse (g) Provision for credit losses means: scenario and any other scenario Subpart C—International Lending (1) Until December 31, 2019: required by the FDIC under this part, a (i) With respect to a state nonmember description of the types of risks being ■ 66. Section 347.303 is amended by bank or state savings association that included in the stress test, a summary revising paragraphs (c)(2) and (4) to read has not adopted the current expected description of the methodologies used as follows: in the stress test, and, for each quarter credit losses methodology under U.S. § 347.303 Allocated transfer risk reserve. generally accepted accounting of the planning horizon, estimates of principles (GAAP), the provision for aggregate losses, pre-provision net * * * * * loan and lease losses as reported on the revenue, provision for credit losses, net (c) * * * Call Report in the current stress test income, and pro forma capital ratios (2) Separate accounting. A banking cycle; and, (including regulatory and any other institution shall account for an ATRR (ii) With respect to a state nonmember capital ratios specified by the FDIC). In separately from the Allowance for Loan bank or state savings association that addition, the report must include an and Lease Losses or allowance for credit has adopted the current expected credit explanation of the most significant losses, as applicable, and shall deduct losses methodology under GAAP, the causes for the changes in regulatory the ATRR from ‘‘gross loans and leases’’ provision for loan and lease losses, as capital ratios and any other information to arrive at ‘‘net loans and lease.’’ The would be calculated and reported on the required by the FDIC. ATRR must be established for each asset Call Report by a state nonmember bank * * * * * subject to the ATRR in the percentage or state savings association that has not ■ 62. Section 325.7 is amended by amount specified. adopted the current expected credit revising paragraphs (c)(3) and (d)(1) to * * * * * losses methodology under GAAP; and read as follows: (2) Beginning January 1, 2020: (4) Alternative accounting treatment. (i) With respect to a state nonmember § 325.7 Publication of stress test results. A banking institution need not establish bank or state savings association that * * * * * an ATRR if it writes down in the period has adopted the current expected credit (c) * * * in which the ATRR is required, or has losses methodology under GAAP, the (3) Estimates of aggregate losses, pre- written down in prior periods, the value provision for credit losses, as reported provision net revenue, provision for of the specified international assets in in the Call Report in the current stress credit losses, net income, and pro forma the requisite amount for each such asset. test cycle; and capital ratios (including regulatory and For purposes of this paragraph (c)(4), (ii) With respect to a state nonmember any other capital ratios specified by the international assets may be written bank or state savings association that FDIC); and down by a charge to the Allowance for has not adopted the current expected * * * * * Loan and Lease Losses or allowance for credit losses methodology under GAAP, (d) * * * credit losses, as applicable, or a the provision for loan and lease losses (1) The disclosure of aggregate losses, reduction in the principal amount of the as would be reported in the Call Report pre-provision net revenue, provisions asset by application of interest in the current stress test cycle. for credit losses, and net income under payments or other collections on the * * * * * this section must be on a cumulative asset; provided, that only those ■ 60. Section 325.5(a)(1) and (2) are basis over the planning horizon. international assets that may be charged revised to read as follows: * * * * * to the Allowance for Loan and Lease Losses or allowance for credit losses, as § 325.5 Methodologies and practices. PART 327—ASSESSMENTS applicable, pursuant to U.S. generally (a) * * * ■ 63. The authority citation for part 327 accepted accounting principles may be (1) Pre-provision net revenues, losses, continues to read as follows: written down by a charge to the provision for credit losses, and net Allowance for Loan and Lease Losses or income; and Authority: 12 U.S.C. 1441, 1813, 1815, allowance for credit losses, as 1817–19, 1821. (2) The potential impact on the applicable. However, the Allowance for regulatory capital levels and ratios Subpart A—In General Loan and Lease Losses or allowance for applicable to the covered bank, and any credit losses, as applicable, must be other capital ratios specified by the § 327.16 [Amended] replenished in such amount necessary Corporation, incorporating the effects of ■ 64. Section 327.16 is amended by to restore it to a level which adequately any capital action over the planning removing the words ‘‘allowance for loan provides for the estimated losses

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules 22339

inherent in the banking institution’s Subpart T—Accounting Requirements Dated: April 17, 2018. loan and lease portfolio. Joseph M. Otting, § 390.384 [Amended] * * * * * Comptroller of the Currency. ■ 68. In the appendix to § 390.384, By order of the Board of Governors of the PART 390—REGULATIONS remove ‘‘provision for loan losses’’ Federal Reserve System, April 16, 2018. TRANSFERRED FROM THE OFFICE OF everywhere it appears and add in its Ann E. Misback, THRIFT SUPERVISION place ‘‘provision for loan losses or Secretary of the Board. provision for credit losses, as Dated at Washington, DC this 17th day of ■ 67. The authority citation for part 390 applicable’’. April, 2018. continues to read as follows: By order of the Board of Directors. Authority: 12 U.S.C. 1819. Federal Deposit Insurance Corporation. Valerie Best, Assistant Executive Secretary. [FR Doc. 2018–08999 Filed 5–11–18; 8:45 am] BILLING CODE 4810–33–6210–01–6714–01–P

VerDate Sep<11>2014 18:34 May 11, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4701 Sfmt 9990 E:\FR\FM\14MYP2.SGM 14MYP2 amozie on DSK3GDR082PROD with PROPOSALS1 Vol. 83 Monday, No. 93 May 14, 2018

Part III

The President

Executive Order 13832—Enhancing Noncompetitive Civil Service Appointments of Military Spouses

VerDate Sep<11>2014 19:00 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14MYE0.SGM 14MYE0 amozie on DSK3GDR082PROD with PRESDOC VerDate Sep<11>2014 19:00 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\14MYE0.SGM 14MYE0 amozie on DSK3GDR082PROD with PRESDOC 22343

Federal Register Presidential Documents Vol. 83, No. 93

Monday, May 14, 2018

Title 3— Executive Order 13832 of May 9, 2018

The President Enhancing Noncompetitive Civil Service Appointments of Military Spouses

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1784 of title 10, United States Code, and sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows: Section 1. Definitions. (a) ‘‘Military spouse’’ means: (i) the husband or wife of a member of the Armed Forces who, as deter- mined by the Secretary of Defense, is performing active duty pursuant to orders that authorize a permanent change of station move, if such husband or wife relocates to the member’s new permanent duty station; (ii) the husband or wife of a totally disabled retired or separated member of the Armed Forces; or (iii) the unremarried widow or widower of a member of the Armed Forces killed while performing active duty. (b) ‘‘Member of the Armed Forces’’ has the meaning set forth in 5 CFR 315.612(b)(4). (c) ‘‘Agency’’ has the meaning set forth in section 3330d of title 5, United States Code. (d) ‘‘Military spouse hiring authority’’ shall refer to the appointment author- ity set forth in 5 U.S.C. 3330d and 5 CFR 315.612. Sec. 2. Policy. (a) Military spouses make critical contributions to the personal and financial success of our military families. Military service of spouses, however, often impairs the spouse’s ability to obtain and maintain employ- ment, and to achieve career goals. Multiple and frequent relocations make it challenging for military spouses to maintain the home front, to comply with licensure and other job requirements, and to obtain adequate childcare. (b) It shall be the policy of the United States to enhance employment support for military spouses. This policy will assist agencies in tapping into a pool of talented individuals and will promote the national interest of the United States and the well-being of our military families. It will also help retain members of the Armed Forces, enhance military readiness, recognize the tremendous sacrifices and service of the members of our Armed Forces and their families, and decrease the burden of regulations that can inhibit the entry of military spouses into the workforce. Sec. 3. Promoting Hiring for Military Spouses. (a) To the greatest extent possible consistent with hiring needs, agencies shall, when filling vacant positions in the competitive service, indicate in job opportunity announce- ments (JOAs) that they will consider candidates under the military spouse hiring authority in addition to candidates identified on the competitive or merit promotion certificate for the position as well as those candidates identified through any other hiring authority a JOA indicates an agency will consider. (b) Agencies shall actively advertise and promote the military spouse hiring authority and actively solicit applications from military spouses for posted and other agency positions (including through USAJOBS). (c) The Office of Personnel Management (OPM) shall consider whether changes to 5 CFR 315.612 are appropriate to account for cases in which

VerDate Sep<11>2014 19:00 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 amozie on DSK3GDR082PROD with PRESDOC 22344 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Presidential Documents

there are no agency job openings within the geographic area of the permanent duty station of the member of the Armed Forces for which the member’s spouse is qualified. (d) OPM shall also periodically circulate notifications concerning the mili- tary spouse hiring authority and its eligibility requirements to each agency’s Chief Human Capital Officer or the agency’s equivalent officer, for such officer to transmit to appropriate offices and to notify eligible populations. Within 180 days of the date of this order, OPM shall post to its website, and circulate to each agency’s Chief Human Capital Officer or the agency’s equivalent officer, information about the military spouse hiring authority. That posting shall include a discussion of section 1131 of the National Defense Authorization Act for Fiscal Year 2017, Public Law 114–328, which amended 5 U.S.C. 3330d(c) to eliminate the time limitation on noncompeti- tive appointment for a relocating spouse of a member of the Armed Forces. (e) Within 180 days of the date of this order, OPM shall educate agencies concerning the military spouse hiring authority and ensure human resources personnel and hiring managers are briefed on techniques for its effective use. Concurrently, within 180 days of the date of this order, OPM shall provide any additional clarifying guidance it deems appropriate to agencies on provisions of the Telework Enhancement Act of 2010, Public Law 111– 292, and agencies shall ensure that human resources personnel and hiring managers are briefed as needed on techniques for the effective use of telework. (f) Beginning in Fiscal Year 2019, agencies shall report annually (by Decem- ber 31 of each year) to OPM and the Department of Labor the number of positions made available under the military spouse hiring authority, the number of applications submitted under the military spouse hiring authority, and the number of military spouses appointed under the military spouse hiring authority during the preceding fiscal year. Such report shall also describe actions taken during that period to advertise the military spouse hiring authority, as well as any other actions taken to promote the hiring of military spouses. Sec. 4. Administrative Provisions. (a) The Director of OPM shall administer this order and shall, in coordination with the Secretary of Labor, through the Assistant to the President for Domestic Policy, provide an annual report to the President regarding the implementation of this order and any rec- ommendations for improving the hiring of military spouses, including steps to enhance the effectiveness of the military spouse hiring authority. (b) The annual report described in subsection (a) of this section shall also include recommendations, developed in consultation with the Secretary of Defense and the Secretary of Homeland Security, for actions that could be taken to improve license portability and remove barriers to the employ- ment of military spouses. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

VerDate Sep<11>2014 19:00 May 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 amozie on DSK3GDR082PROD with PRESDOC Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Presidential Documents 22345

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, May 9, 2018.

[FR Doc. 2018–10403 Filed 5–11–18; 11:15 am] Billing code 3295–F8–P

VerDate Sep<11>2014 19:00 May 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 amozie on DSK3GDR082PROD with PRESDOC Trump.EPS i

Reader Aids Federal Register Vol. 83, No. 93 Monday, May 14, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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. 2018 ...... 22175 Presidential Documents 1 CFR Executive orders and proclamations 741–6000 426...... 19408, 19414 6 CFR The United States Government Manual 741–6000 3 CFR Proposed Rules: 5...... 19020, 20738 Other Services Proclamations: Electronic and on-line services (voice) 741–6020 9704 (Amended by 7 CFR Privacy Act Compilation 741–6050 9739) ...... 20677 2...... 22177 741–6043 9705 (Amended by Public Laws Update Service (numbers, dates, etc.) 250...... 18913 9740) ...... 20683 925...... 21165 9710 (Amended by 984...... 21841 ELECTRONIC RESEARCH 9739) ...... 20677 1006...... 21843 9711 (Amended by World Wide Web 1409...... 22177 9740) ...... 20683 1773...... 19905 9729...... 19155 Full text of the daily Federal Register, CFR and other publications 3419...... 21846 is located at: www.fdsys.gov. 9730...... 19425 9731...... 19599 Proposed Rules: Federal Register information and research tools, including Public 9732...... 19601 66...... 19860 Inspection List, indexes, and Code of Federal Regulations are 9733...... 19893 930...... 21941 located at: www.ofr.gov. 9734...... 19895 945...... 21188 1255...... 22213 E-mail 9735...... 19897 9736...... 19899 10 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 9737...... 19901 Mailing List) is an open e-mail service that provides subscribers 9738...... 19903 75...... 19603 with a digital form of the Federal Register Table of Contents. The 9739...... 20677 Proposed Rules: digital form of the Federal Register Table of Contents includes 9740...... 20683 Ch. I ...... 19464 HTML and PDF links to the full text of each document. 9741...... 20713 12 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 9742...... 22165 USGPOOFR/subscriber/new, enter your email address, then 9743...... 22167 201...... 21167 follow the instructions to join, leave, or manage your 9744...... 22169 1026...... 19159 subscription. 9745...... 22171 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail Executive Orders: 1...... 22312 service that notifies subscribers of recently enacted laws. 13198 (Amended by 3...... 22312 EO 13831)...... 20715 5...... 22312 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13280 (Amended by 23...... 22312 and select Join or leave the list (or change settings); then follow EO 13831)...... 20715 24...... 22312 the instructions. 13342 (Amended by 32...... 22312 FEDREGTOC and PENS are mailing lists only. We cannot EO 13831)...... 20715 34...... 22312 respond to specific inquiries. 13397 (Amended by 46...... 22312 Reference questions. Send questions and comments about the EO 13831)...... 20715 208...... 22312 Federal Register system to: [email protected] 13559 (Amended by 211...... 22312 EO 13831)...... 20715 215...... 22312 The Federal Register staff cannot interpret specific documents or 13199 (Revoked by 217...... 22312 regulations. EO 13831)...... 20715 223...... 22312 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 13498 (Revoked by 225...... 22312 longer appears in the Federal Register. This information can be EO 13831)...... 20715 252...... 22312 found online at http://bookstore.gpo.gov/. 13831...... 20715 324...... 22312 13832...... 22343 325...... 22312 327...... 22312 FEDERAL REGISTER PAGES AND DATE, MAY Administrative Orders: Memorandums: 347...... 22312 18913–19156...... 1 Memorandum of April 390...... 22312 19157–19426...... 2 26, 2018 ...... 19157 1290...... 19188 1291...... 19188 19427–19602...... 3 Notices: 19603–19904...... 4 May 9, 2018...... 21839 Presidential 13 CFR 19905–20706...... 7 Determinations: 120...... 19915, 19921 20707–21164...... 8 No. 2018-05 of April 21165–21706...... 9 20, 2018 ...... 20707 14 CFR 21707–21840...... 10 No. 2018-06 of April 23...... 19427, 21850 21841–22176...... 11 30, 2018 ...... 20709 25...... 18934, 19176 22177–22346...... 14 No. 2018-07 of April 39 ...... 19176, 19615, 19922, 30, 2018 ...... 20711 19925, 19928, 20719, 21169, Notice of May 10, 21855, 21858, 21861, 21867

VerDate Sep 11 2014 19:29 May 11, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\14MYCU.LOC 14MYCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU ii Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Reader Aids

71 ...... 19617, 19930, 19931, 507...... 22193 165 ...... 19025, 19189, 22225 2...... 19976 19933, 21870, 21871 573...... 19934 8...... 21927 73...... 18938 600...... 19936 37 CFR 20...... 21927 97...... 20725, 20728 880...... 19626 Proposed Rules: 51...... 22208 Proposed Rules: 1308...... 21826 42...... 21221 54...... 18948, 18951 21...... 19021 63...... 21181 Proposed Rules: 25...... 22214 38 CFR 64...... 18951, 21723 39 ...... 19466, 19648, 19983, 201...... 22224 3...... 20735 73 ...... 19186, 19459, 22209 20740, 20743, 20745, 20748, 343...... 22224 17...... 21893, 21897 76...... 19461 20751, 21191, 21194, 21196, 1308...... 21834 90...... 19976 21199, 21946, 21948, 21951, 40 CFR Proposed Rules: 22 CFR 21953, 21955, 21962, 21964, 52 ...... 19438, 19631, 19637, Chapter I...... 21747 21966, 22219, 22222 50...... 21872 21174, 21178, 21719, 21907, 0...... 20011 71 ...... 19469, 19471, 19472, 51...... 21872 21909, 22203, 22207 1...... 19660 19474, 19650, 19653, 19655, 62...... 19184 2...... 19660, 20011 23 CFR 19986, 19987, 21968, 21970 180...... 19968, 19972 15...... 19660 Chapter II...... 21684 710...... 21709 Proposed Rules: 25...... 19660, 21746 Proposed Rules: 49...... 20775 30...... 19660 17 CFR 625...... 21972 51...... 19026 54...... 19196 232...... 22190 52 ...... 19191, 19194, 19476, 64...... 21983 249...... 22190 26 CFR 19479, 19483, 19495, 19497, 73...... 21995 Proposed Rules: 54...... 19431 20002, 21226, 21233, 21235, 76...... 19033 210...... 20753 21238, 21977, 22227 90...... 20011 240...... 21416, 21574 29 CFR 55...... 21254 101...... 19660 249...... 21416 1910...... 19936 62...... 19195 275...... 21203 2590...... 19431 63...... 19499 48 CFR 279...... 21416 Proposed Rules: 81 ...... 21238, 21977, 22235 1910...... 19989 152...... 20004 Ch. 1...... 19144, 19150 18 CFR 156...... 20004 16...... 19145 37...... 21342 30 CFR 174...... 20004 19...... 19146 22...... 19148 Proposed Rules: 180...... 20004, 20008 19 CFR 250...... 22128 49...... 19149 201...... 21140 926...... 20773 42 CFR 52...... 19148 210...... 21140 938...... 20774 414...... 21912 201...... 19641 431...... 19440 212...... 19641 31 CFR 215...... 19645 20 CFR Proposed Rules: 246...... 19641 404...... 21707 408...... 18939 10...... 20008 252...... 19641 Proposed Rules: 411...... 21018 32 CFR Proposed Rules: 404...... 20646 412 ...... 20164, 20972, 21104 416...... 20646 291...... 19179 413...... 20164, 21018 Appx. I Ch. 2 ...... 19677 2004...... 19950 418...... 20934 219...... 19677 21 CFR 424...... 20164, 21018 33 CFR 1...... 22193 495...... 20164 49 CFR 11...... 20731, 22193 100 ...... 19179, 19628, 19630, 1040...... 19647 16...... 22193 21171, 22194 45 CFR 101...... 19619, 20731 117 ...... 19630, 21710, 21711, 144...... 19431 102...... 19429 22199 146...... 19431 50 CFR 106...... 22193 147...... 20733 147...... 19431, 21925 17...... 21928 110...... 22193 165 ...... 18941, 18943, 18946, 153...... 21925 222...... 21738 111...... 22193 19436, 19963, 19965, 21712, 154...... 21925 224...... 21182 112...... 22193 21714, 21716, 21717, 21876, 155...... 21925 622...... 22210 114...... 22193 21883, 21885, 21886, 21888, 156...... 21925 635...... 21744, 21936 117...... 22193 22201 157...... 21925 648 ...... 18965, 18972, 18985, 120...... 22193 326...... 19180 158...... 21925 19461, 19462 123...... 22193 Proposed Rules: 660...... 19005, 19981 129...... 22193 100...... 19656 47 CFR 665...... 21939 179...... 22193 117...... 19659 1 ...... 19186, 19440, 21722, Proposed Rules: 211...... 22193 151...... 21214 21927 300...... 21748

VerDate Sep 11 2014 19:29 May 11, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\14MYCU.LOC 14MYCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Reader Aids iii

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 May 11, 2018 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.

VerDate Sep 11 2014 19:29 May 11, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\14MYCU.LOC 14MYCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU