Vol. 82 Tuesday, No. 78 April 25, 2017

Pages 18975–19178

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 78

Tuesday, April 25, 2017

Agriculture Department Education Department See Rural Business-Cooperative Service NOTICES See Rural Utilities Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Federal Direct Loan Program and Federal Family Submissions, and Approvals, 19016–19018 Education Loan Program Teacher Loan Forgiveness Forms, 19028–19029 Bureau of Consumer Financial Protection International Early Learning Study 2018 Field Test Data RULES Collection and Main Study Recruitment, 19029– Prepaid Accounts Under the Electronic Fund Transfer Act 19030 and the Truth in Lending Act; Delay of Effective Date, New Awards; Applications: 18975–18981 Expanding Opportunity Through Quality Charter Schools PROPOSED RULES Program—Grants to State Entities; Correction, 19030– Home Mortgage Disclosure (Regulation C), 19142–19178 19031

Census Bureau Energy Department NOTICES See Federal Energy Regulatory Commission Limited-Access Highway Classification Codes, 19020–19021 Environmental Protection Agency RULES Civil Rights Commission Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Meetings: Arkansas; Regional Haze and Interstate Visibility Connecticut Advisory Committee, 19019 Transport Federal Implementation Plan; Partial Stay, Wisconsin Advisory Committee, 19020 18994–18995 Wyoming; Infrastructure Requirements for the 2008 Lead, Coast Guard 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 RULES National Ambient Air Quality Standards, 18992– Drawbridge Operations: 18994 Arthur Kill, Staten Island, NY and Elizabeth, NJ, 18989 Effluent Limitations Guidelines and Standards for the Atlantic Intracoastal Waterway and Indian Creek, Miami, Steam Electric Power Generating Point Source FL, 18990–18992 Category; Postponement of Compliance Dates, 19005– Canaveral Barge Canal, Canaveral, FL, 18989–18990 19006 Pesticide Tolerances: Commerce Department Benzobicyclon, 18995–19001 See Census Bureau Tolerance Exemptions: See Foreign-Trade Zones Board Bacillus simplex strain BU288, 19001–19004 See Industry and Security Bureau PROPOSED RULES See International Trade Administration Air Quality State Implementation Plans; Approvals and Promulgations: Committee for the Implementation of Textile Agreements District of Columbia, Maryland, and Virginia; NOTICES Determination of Attainment by the Attainment Date Determinations: for the 2008 Ozone Standard, 19011–19014 NOTICES Textile and Apparel Commercial Availability Provision of Certain New Chemicals or Significant New Uses: the Dominican Republic-Central America-United Statements of Findings for December 2016, 19044–19046 States Free Trade Agreement, 19027–19028 Statements of Findings for February 2017, 19046–19047 General Permit Renewals: Copyright Royalty Board Draft NPDES General Permit for Discharges from the Oil NOTICES and Gas Extraction Point Source Category to Coastal Distribution of 2015 Cable Royalty Funds, 19091–19092 Waters in Texas, 19043–19044 Proposed Issuance of the National Pollutant Discharge Drug Enforcement Administration Elimination System General Permit for Discharges NOTICES from the Oil and Gas Extraction Point Source Bulk Manufacturers of Controlled Substances; Applications: Category—Stripper Subcategory Iin Texas, 19044 Siegfried USA, LLC, 19084–19085 Meetings: Sigma Aldrich Research Biochemicals, Inc., 19085–19086 Mobile Sources Technical Review Subcommittee, 19043 Importers of Controlled Substances; Applications: Cambridge Isotope Laboratories, 19083–19084 Federal Aviation Administration Janssen Ortho LLC, 19083 RULES Manufacturers of Controlled Substances; Applications: Class D and Class E Airspace; Amendments: Cedarburg Pharmaceuticals, 19083 Aspen, CO; and Pueblo, CO, 18981–18983

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Class E Airspace; Amendments: Food and Drug Administration Moses Lake, WA; Olympia, WA, 18983–18985 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Class E Airspace; Amendments: Submissions, and Approvals: Albany, GA, 19008–19009 Certification of Identity for Freedom of Information Act Class E Airspace; Revocations: and Privacy Act Requests, 19049–19050 Eaton Rapids, MI, 19007–19008 Citizen Petitions and Petitions for Stay of Action, 19050– 19051 Federal Communications Commission Establishment Registration of Producers of Drugs and PROPOSED RULES Listing of Drugs in Commercial Distribution and Connect America Fund: Blood Establishment Registration and Product Universal Service Reform—Mobility Fund, 19014–19015 Listing, 19058–19059 Federal Energy Regulatory Commission Good Laboratory Practice Regulations for Nonclinical NOTICES Studies, 19054–19056 Agency Information Collection Activities; Proposals, Institutional Review Boards, 19056–19057 Submissions, and Approvals: Patent Term Restoration, Due Diligence Petitions, Filing, Generic Clearance for the Collection of Qualitative Format, and Content of Petitions, 19063–19064 Feedback on Commission Service Delivery, 19031– Radioactive Drug Research Committees, 19052–19054 19032 Use of Serological Tests to Reduce the Risk of Applications: Transmission of Trypanosoma cruzi Infection in Alabama Power Co., 19033–19034 Whole Blood and Blood Components for Transfusion, Combined Filings, 19032–19034, 19037, 19042 19062–19063 Complaints: Guidance: California Department of Water Resources State Water Extending Expiration Dates of Doxycycline Tablets and Project, the Cities of Anaheim, Azusa, Banning, Capsules in Strategic Stockpiles, 19061–19062 Colton, Pasadena, and Riverside, California, and the Meetings: California Public Utilities Commission v. Trans Bay Cybersecurity of Medical Devices—A Regulatory Science Cable LLC, 19035 Gap Analysis; Public Workshop, 19059–19060 Environmental Assessments; Availability, etc.: Food and Drug Administration Small Business and Florida Gas Transmission Co., LLC; Wekiva Parkway Industry Assistance Regulatory Education for Relocation Project, 19037–19041 Industry Spring Conference; Public Conference, Hydroelectric Applications: 19066–19067 Alaska Electric Light & Power Co., 19036–19037 Pediatric Advisory Committee, Pediatric Ethics Records Governing Off-the-Record Communications, 19034– Subcommittee, 19057–19058 19035 Sentinel Training; Public Workshop, 19063 Pediatric Studies of Ampicillin Conducted in Accordance Federal Mine Safety and Health Review Commission With the Public Health Service Act, 19065–19066 NOTICES Priority Review Vouchers: Meetings; Sunshine Act, 19047 Rare Pediatric Disease Product, 19052

Federal Railroad Administration Foreign Assets Control Office NOTICES NOTICES Adjustment of Nationwide Significant Risk Threshold, Blocking or Unblocking of Persons and Properties, 19139– 19138 19140

Federal Reserve System Foreign-Trade Zones Board NOTICES NOTICES Change in Bank Control: Production Activities: Acquisitions of Shares of a Bank or Bank Holding AGFA Corp., Foreign-Trade Zone 44, Morris County, NJ, Company, 19048 19021 Formations of, Acquisitions by, and Mergers of Savings and PGTEX USA, Inc., Foreign-Trade Zone 68, El Paso, TX, Loan Holding Companies, 19048 19021–19022 Proposals to Engage in or to Acquire Companies Engaged in Westlake Chemical Corp., Foreign-Trade Zone 87, Lake Permissible Nonbanking Activities, 19048–19049 Charles, LA, 19021 Federal Trade Commission PROPOSED RULES Health and Human Services Department Children’s Online Privacy Protection Rule: See Food and Drug Administration Safe Harbor Proposed Self-Regulatory Guidelines; See Health Resources and Services Administration TRUSTe Safe Harbor Program Application to Modify See National Institutes of Health Program Requirements, 19009–19011 Health Resources and Services Administration Fish and Wildlife Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Incidental Take Permit; Applications: Submissions, and Approvals: Low-Effect Habitat Conservation Plan for the Phillips 66 Nurse Faculty Loan Program, 19067–19068 Cal Coast Pipeline Replacement Project, Santa Nurse Faculty Loan Program, Annual Performance Report Barbara County, CA, 19077–19078 Financial Data Form, 19068–19069

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Questionnaire and Data Collection Testing, Evaluation, Library of Congress and Research for the Health Resources and Services See Copyright Royalty Board Administration, 19070–19071 The National Health Service Corps and NURSE Corps National Endowment for the Arts Interest Capture Form, 19069 NOTICES Meetings: Homeland Security Department Arts Advisory Panel, 19092 See Coast Guard National Foundation on the Arts and the Humanities See National Endowment for the Arts Housing and Urban Development Department NOTICES National Highway Traffic Safety Administration HUD-Held Multifamily and Healthcare Loan Sale, 19075– NOTICES 19076 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Housing Counseling Federal Advisory Committee, 19077 Reports, Forms, and Record Keeping Requirements, 19138–19139 Industry and Security Bureau NOTICES National Institutes of Health Meetings: NOTICES Materials Processing Equipment Technical Advisory Government-Owned Inventions; Availability for Licensing, Committee, 19022 19073–19075 Transportation and Related Equipment Technical Meetings: Advisory Committee, 19022 Center for Scientific Review, 19074 Interagency Coordinating Committee on the Validation of Interior Department Alternative Methods, 19071–19073 See Fish and Wildlife Service National Cancer Institute; Cancellation, 19073 See Land Management Bureau National Institute of Dental and Craniofacial Research, 19071 International Trade Administration National Institute on Aging, 19073–19074 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Science Foundation or Reviews: NOTICES Aluminum Extrusions from the People’s Republic of Antarctic Conservation Act Permits, 19092–19093 China, 19025–19027 Nuclear Regulatory Commission Certain Hardwood Plywood Products from the People’s NOTICES Republic of China, 19022–19025 Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Commission Enforcement Discretion for Operating Reactors and NOTICES Gaseous Diffusion Plants, 19094–19095 Agency Information Collection Activities; Proposals, Facility Operating and Combined Licenses: Submissions, and Approvals, 19080–19081 Applications and Amendments Involving No Significant Complaints: Hazards Considerations; Biweekly Notice, 19095– Certain Robotic Vacuum Cleaning Devices and 19111 Components Thereof Such as Spare Parts, 19082– Guidance: 19083 Service Level I, II, III, and In-Scope License Renewal Investigations; Determinations, Modifications, and Rulings, Protective Coatings Applied to Nuclear Power Plants, etc.: 19113–19114 Certain Dental Ceramics, Products Thereof, and Methods Meetings: of Making the Same, 19081 Advisory Committee on Reactor Safeguards, 19093–19094 Cold-Drawn Mechanical Tubing from China, Germany, Advisory Committee on Reactor Safeguards India, Italy, Korea, and Switzerland, 19078–19079 Subcommittee on Planning and Procedures, 19112 Advisory Committee on Reactor Safeguards Justice Department Subcommittee on Power Uprates, 19111–19112 See Drug Enforcement Administration Advisory Committee on Reactor Safeguards NOTICES Subcommittee on Reliability and Probabilistic Risk Agency Information Collection Activities; Proposals, Assessment, 19112–19113 Submissions, and Approvals: Annual Parole Survey, Annual Probation Survey, 19086 Occupational Safety and Health Administration Diversity in Law Enforcement Recruitment Survey, 19087 NOTICES Agency Information Collection Activities; Proposals, Labor Department Submissions, and Approvals: See Occupational Safety and Health Administration Overhead and Gantry Cranes, 19090–19091 Requirements for the OSHA Training Institute Education Land Management Bureau Centers Program and the OSHA Outreach Training NOTICES Program, 19089–19090 Mailing and Street Address Changes: Standard on the Storage and Handling of Anhydrous Challis Field Office, Idaho, 19078 Ammonia, 19087–19089

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Rural Business-Cooperative Service Trade Representative, Office of United States NOTICES RULES Agency Information Collection Activities; Proposals, Freedom of Information Act and Privacy Act Policies and Submissions, and Approvals, 19018 Procedures, 18985–18989

Rural Utilities Service Transportation Department NOTICES See Federal Aviation Administration Agency Information Collection Activities; Proposals, See Federal Railroad Administration Submissions, and Approvals, 19018–19019 See National Highway Traffic Safety Administration Securities and Exchange Commission Treasury Department NOTICES See Foreign Assets Control Office Applications: Homestead Funds, Inc. and RE Advisers Corporation, Veterans Affairs Department 19114–19115 Meetings; Sunshine Act, 19114 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, Depository Trust Co.; Fixed Income Clearing Corp.; Submissions, and Approvals: National Securities Clearing Corp., 19131–19136 Board of Veterans’ Appeals Voice of the Veteran Fixed Income Clearing Corp., 19136–19137 Appellant Satisfaction Survey, 19140 NASDAQ PHLX LLC, 19124–19127 NASDAQ Stock Market LLC, 19118–19120 NYSE Arca, Inc., 19115–19117 Separate Parts In This Issue The Depository Trust Company, 19127–19131 The Depository Trust Company; National Securities Part II Clearing Corporation; Fixed Income Clearing Bureau of Consumer Financial Protection, 19142–19178 Corporation, 19120–19124

Small Business Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Disaster Declarations: phone numbers, online resources, finding aids, and notice California, 19137 of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Charter Renewals: accounts/USGPOOFR/subscriber/new, enter your e-mail President’s Emergency Plan for AIDS Relief Scientific address, then follow the instructions to join, leave, or Advisory Board, 19137–19138 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

12 CFR 1005...... 18975 1026...... 18975 Proposed Rules: 1003...... 19142 14 CFR 71 (2 documents) ...... 18981, 18983 Proposed Rules: 71 (2 documents) ...... 19007, 19008 15 CFR 2004...... 18985 2005...... 18985 16 CFR Proposed Rules: 312...... 19009 33 CFR 117 (3 documents) ...... 18989, 18990 40 CFR 52 (2 documents) ...... 18992, 18994 180 (2 documents) ...... 18995, 19001 423...... 19005 Proposed Rules: 52...... 19011 47 CFR Proposed Rules: 54...... 19014

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Rules and Regulations Federal Register Vol. 82, No. 78

Tuesday, April 25, 2017

This section of the FEDERAL REGISTER Accounts Final Rule).1 When it was Upon issuing the Prepaid Accounts contains regulatory documents having general issued, the Prepaid Accounts Final Rule Final Rule, the Bureau initiated robust applicability and legal effect, most of which had a general effective date of October efforts to support industry are keyed to and codified in the Code of 1, 2017. Through its efforts to support implementation.4 Information regarding Federal Regulations, which is published under industry implementation of the Prepaid the Bureau’s Prepaid Accounts Final 50 titles pursuant to 44 U.S.C. 1510. Accounts Final Rule, the Bureau learned Rule implementation initiatives and The Code of Federal Regulations is sold by that some industry participants believed available resources can be found on the the Superintendent of Documents. that they would have difficulty Bureau’s regulatory implementation complying with certain provisions of Web site at https:// the Prepaid Accounts Final Rule that www.consumerfinance.gov/policy- BUREAU OF CONSUMER FINANCIAL would have gone into effect on October compliance/guidance/implementation- PROTECTION 1, 2017. In order to facilitate compliance guidance/prepaid-rule/. with the Prepaid Accounts Final Rule, B. Effective Date Delay 12 CFR Parts 1005 and 1026 and to allow an opportunity for the Bureau to assess whether any additional As published, the Prepaid Accounts [Docket No. CFPB–2017–0008] adjustments to the Rule are appropriate, Final Rule had a general effective date the Bureau proposed to extend the of October 1, 2017. As discussed in the RIN 3170–AA69 general effective date of the Prepaid Effective Date NPRM, as part of its Accounts Final Rule by six months, to efforts to support industry Prepaid Accounts Under the Electronic April 1, 2018 (Effective Date NPRM).2 implementation, the Bureau has Fund Transfer Act (Regulation E) and Based on comments received, the discussed implementation efforts with a the Truth in Lending Act (Regulation Bureau is issuing this final rule to delay number of industry participants. As a Z); Delay of Effective Date the October 1, 2017 effective date for the result of those discussions, the Bureau Prepaid Accounts Final Rule by six learned that some industry participants AGENCY: Bureau of Consumer Financial months, to April 1, 2018. The Bureau is were concerned for a variety of reasons Protection. also making conforming amendments to that they would have difficulty in ACTION: Final rule; official certain regulatory text and commentary complying with certain aspects of the interpretation; delay of effective date. adopted in the Prepaid Accounts Final Prepaid Accounts Final Rule by October 1, 2017 while also ensuring continued SUMMARY: The Bureau of Consumer Rule to reflect the effective date delay. The Bureau plans to release a notice availability of their prepaid products Financial Protection (Bureau or CFPB) is of proposed rulemaking address at least and with minimal disruption to issuing this final rule to delay the two issues that have been identified as consumers. For example, although the October 1, 2017 effective date of the rule areas where the Prepaid Accounts Final Bureau put in place an exception in governing Prepaid Accounts Under the Rule may be posing particular Regulation E § 1005.18(h)(2) pursuant to Electronic Fund Transfer Act complexities for implementation. When which financial institutions are not (Regulation E) and the Truth in Lending the Bureau does so it will also seek required to pull and replace prepaid Act (Regulation Z) by six months, to comment on whether any further account access devices and packaging April 1, 2018. extension of the effective date is needed materials with non-compliant DATES: The amendments in this final in light of the specific changes disclosures that were produced in the rule are effective on April 1, 2018. The proposed. normal course of business prior to effective date of the final rule published October 1, 2017, some industry on November 22, 2016 (81 FR 83934) is II. Background participants indicated that they believed delayed from October 1, 2017, to April A. The Prepaid Accounts Rulemaking that they should in fact pull and replace 1, 2018. The effective date for the non-compliant packaging due to addition of § 1005.19(b) remains In the Prepaid Accounts Final Rule, concerns about legal and regulatory October 1, 2018. the Bureau extended Regulation E coverage to prepaid accounts and FOR FURTHER INFORMATION CONTACT: cards and other prepaid products. 77 FR 30923 adopted provisions specific to such (May 24, 2012). Thomas L. Devlin and Yaritza Velez, accounts, and generally expanded 4 These on-going efforts include: (1) The Counsels, and Kristine M. Andreassen, Regulation Z’s coverage to overdraft publication of a plain-language small entity compliance guide to help industry understand the Senior Counsel, Office of Regulations, at credit features that may be offered in 202–435–7700. Prepaid Accounts Final Rule; (2) the publication of conjunction with prepaid accounts.3 various other implementation tools regarding the SUPPLEMENTARY INFORMATION: Prepaid Accounts Final Rule, including an executive summary of the rule, summaries of key 1 81 FR 83934 (Nov. 22, 2016). changes for payroll card accounts and government I. Summary of the Final Rule 2 82 FR 13782 (Mar. 15, 2017). benefit accounts, a prepaid account coverage chart, On October 5, 2016, the Bureau 3 81 FR 83934 (Nov. 22, 2016). The Bureau a summary of the rule’s effective date provisions, released a final rule to create released a proposal regarding prepaid accounts and a guide to preparing the short form disclosure; comprehensive consumer protections under Regulations E and Z, including model and (3) the release of native design files for print and sample disclosure forms, for public comment on source code for web-based disclosures for all of the for prepaid accounts under Regulation November 13, 2014. 79 FR 77102 (Dec. 23, 2014) model and sample disclosure forms included in the E, which implements the Electronic (Prepaid Accounts NPRM). The Bureau had Prepaid Accounts Final Rule; (4) meetings with Fund Transfer Act (EFTA), and previously issued an advance notice of proposed industry, including trade associations and Regulation Z, which implements the rulemaking that posed a series of questions for individual industry participants, to discuss and public comment about how the Bureau might support their implementation efforts; and (5) Truth in Lending Act (TILA) (Prepaid consider regulating general purpose reloadable participation in conferences and forums.

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exposure at both the Federal and State comment generally on policy decisions account access devices and packaging level, and in particular due to made in the Prepaid Accounts Final materials with non-compliant developments following release of the Rule that industry or other stakeholders disclosures that were produced in the Prepaid Accounts Final Rule. Industry might wish the Bureau to reconsider. normal course of business prior to the had also raised related concerns Rather, the Bureau stated that it would effective date of the rule. regarding the constrained production continue its outreach to industry and A prepaid issuer, a digital wallet capacity of packaging manufacturers other stakeholders to understand their provider, and a trade association each and other supply chain limitations experiences in implementing the expressed support for a six-month delay resulting from increased industry Prepaid Accounts Final Rule. of the effective date, contingent on the demand leading up to the October 1, Bureau also revisiting the Prepaid III. Summary of the Rulemaking 2017 effective date. Accounts Final Rule to address certain In addition, in the course of working Process, Comments Received, and the substantive provisions of the rule that to implement the Prepaid Accounts Final Rule they argued required changes to Final Rule, some industry participants A. Summary of the Rulemaking Process disclosures and business models that raised concerns about what they On March 9, 2017, the Bureau could not be implemented by April 1, describe as unanticipated complexities released the Effective Date NPRM with 2018. The provisions that they cited arising from the interaction of certain a request for public comment. It was relate to the linking of credit cards with aspects of the rule with certain business published in the Federal Register on digital wallets that are capable of storing models and practices, including those March 15, 2017.5 The Bureau solicited funds and to error resolution and newly adopted, that they did not fully comment on all aspects of the Effective limitations on liability for prepaid address in their comment letters on the Date NPRM. In particular, the Bureau accounts where the financial institution Prepaid Accounts NPRM, which may asked commenters to provide specific has not completed its consumer complicate implementation and affect detail and any available data regarding identification and verification process consumers. current and planned practices, as well with respect to the account. These Based on its initial outreach to as relevant knowledge and specific facts commenters requested a 12-month delay industry before issuing the Effective about any benefits, costs, or other to the Prepaid Accounts Final Rule’s Date NPRM, the Bureau believed that a impacts on industry, consumers, and general effective date if the Bureau were six-month delay would be sufficient for other stakeholders of the Effective Date unwilling to revisit those issues. industry participants to ensure that they Some industry and trade association NPRM. The Bureau also solicited can comply with the Prepaid Accounts commenters argued that the Bureau comment about the impact of the Final Rule with minimal disruption to should delay the effective date further Effective Date NPRM on consumers who consumers. The Bureau explained that, by 12 months; two trade associations use prepaid accounts. The Bureau in particular, a six-month extension advocated for an 18-month delay. The solicited comment regarding the would both allow more time for package commenters who requested a delay proposed extension of the general printing and allow pull-and-replace longer than six months cited a variety of effective date to April 1, 2018, as well processes at retail locations to occur reasons, including, for example, the as alternative dates for extension. after the winter holiday season, which time needed to develop and review new is a particularly busy time for retailers. B. Comments Received and updated disclosures and related Indeed, the Bureau understands that The comment period for the Effective materials; time required to retool J-hook industry often effectuates pull-and- Date NPRM closed on April 5, 2017. The card packaging to accommodate replace processes in the spring for Bureau received 28 comment letters disclosures required by the rule; precisely this reason. The Bureau also from consumer advocacy groups; limitations in production capacity to believed that a six-month delay would national and regional trade associations; print new prepaid card collateral; and allow the Bureau adequate opportunity members of the prepaid industry, the time needed to coordinate system to consider possible additional including issuing banks and credit updates with processors, vendors, and amendments to the Prepaid Accounts unions, program managers, and a digital other service providers. A few Final Rule, and for industry to wallet provider; several think tanks; an commenters cited other reasons as well, implement any such changes, without association of State financial regulators; such as the need to develop new unnecessary disruption to consumers’ a group of State attorneys general; and systems and operational processes access to, and use of, prepaid accounts. several commenters who did not related to providing longer account The Bureau did not propose to delay identify their affiliations.6 transaction histories and calculating the effective date of the requirement to Industry and trade association summary totals of fees. One trade submit prepaid account agreements to commenters all supported the Bureau’s association stated that providers need to the Bureau in Regulation E proposal to delay the effective date of develop an automated process to track § 1005.19(f)(2), which is October 1, most provisions of the Prepaid Accounts cardholder agreements for purposes of 2018. The Bureau expected to have its Final Rule; many expressly supported submitting those agreements to the agreement submission process in place the Bureau’s proposed six-month delay. Bureau, which it stated would need to by October 1, 2018, and, as discussed in A number of commenters cited the be in place as of the October 1, 2017 the Effective Date NPRM, the Bureau’s Bureau’s concerns that some industry effective date in order to adequately pre-proposal outreach had not indicated participants may need additional time track agreements. Another trade that industry participants were to comply with the rule, in particular association commenter urged the concerned that they would not be able stating that providers might need to pull Bureau to delay the effective date for to meet the agreement submission and replace non-compliant packaging longer than six months so that the effective date. notwithstanding the exception in the Bureau could conduct a comprehensive In the Effective Date NPRM, the Prepaid Accounts Final Rule for prepaid study on the effects that the Prepaid Bureau did not propose to amend any Accounts Final Rule will have on other substantive requirements of the 5 82 FR 13782 (Mar. 15, 2017). consumers, specifically related to Prepaid Accounts Final Rule. The 6 These comment letters are publicly available at availability of prepaid accounts and purpose of that notice was not to seek https://www.regulations.gov/. their costs to consumers.

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One credit union trade association prepaid providers that comply with the Substantive changes to the Prepaid commenter, requesting an 18-month Prepaid Accounts Final Rule (or Accounts Final Rule. As noted above, extension, cited concerns that the portions of it) prior to the rule’s the Bureau did not propose in the proposed delayed effective date would effective date. These commenters Effective Date NPRM to amend any coincide with the effective date of other expressed concerns that prepaid other substantive provisions of the regulations promulgated by the Bureau, providers may be exposed to potential Prepaid Accounts Final Rule, nor was in particular the provisions of the liability if they comply with the rule the purpose of the Effective Date NPRM Bureau’s mortgage servicing rule prior to the effective date, as they to seek comment generally on policy pertaining to successors-in-interest and suggested the possibility that there may decisions made in the Prepaid Accounts the provision of periodic statements to be some conflict between the Prepaid Final Rule that industry or other consumers who have filed for Accounts Final Rule and current stakeholders might wish the Bureau to bankruptcy. An association of State requirements for payroll card accounts reconsider. Nonetheless, many financial regulators also stated the and government benefit accounts, commenters used their comment letters compliance investments necessitated by though they did not provide any to advocate for retaining, modifying, or other regulations such as the increased specific examples. One commenter eliminating various provisions of the data collection/reporting requirements stated that early compliance would rule. Commenters also suggested that under the Home Mortgage Disclosure benefit consumers and should not be the Bureau could use the additional Act and additional identification discouraged. time provided by delaying the effective requirements under the Bank Secrecy Section 1005.19(f)(2). The Bureau did date of the Prepaid Accounts Final Rule Act/Customer Due Diligence rule not propose to delay the October 1, 2018 to revisit these issues. promulgated by another federal agency effective date of the requirement that C. The Final Rule as a reason for its support of a six-month prepaid account issuers submit prepaid For the reasons set forth herein, the delay. account agreements to the Bureau, Bureau is finalizing as proposed a six- A coalition of 27 consumer advocacy which is set forth in Regulation E month delay of the October 1, 2017 groups urged the Bureau to implement § 1005.19(f)(2). The Bureau did, effective date of the Prepaid Accounts the Prepaid Accounts Final Rule as soon however, solicit comment on whether it Final Rule. In order to effect this as possible, citing the benefits of the should also delay that effective date. rule for consumers who use prepaid change, the Bureau is also amending Commenters generally did not express Regulation E §§ 1005.18(b)(2)(ix) and accounts, and expressing concern that concerns that the October 1, 2018 further delays in the effective date (h), and 1005.19(f)(1), and related agreement submission effective date would cause harm to consumers. They commentary, to reflect the delayed would create compliance issues. One of stated that, if an extension is warranted, effective date. the trade association commenters the Bureau should give the minimum The Bureau continues to believe that advocating for an 18-month delay of the extension necessary—which in their the Prepaid Accounts Final Rule will Prepaid Accounts Final Rule’s general view would be no longer than the provide significant benefits to effective date suggested that the Bureau proposed six months—and not provide consumers and that, therefore, contemplate a proportional delay for any further extensions. Another expeditious implementation remains § 1005.19(f)(2), stating that it would consumer advocacy group supported the essential to provide comprehensive help relieve pressure on credit unions Bureau’s proposal to delay the rule’s consumer protections to users of effective date by six months while that may need to submit credit card prepaid accounts. Having reviewed the reiterating that expeditious agreements pursuant to Regulation Z comments received, the Bureau implementation of the Prepaid Accounts § 1026.58 for covered separate credit continues to believe that a six-month Final Rule remains essential to features accessible by hybrid prepaid- delay of the effective date, when added providing comprehensive consumer credit cards. Another trade association to the nearly 12 months previously protections to users of prepaid accounts. expressed concerns pertaining to provided for in the Prepaid Accounts Two think tanks urged the Bureau to general compliance with the Final Rule, allows sufficient time for consider the possible negative effects on requirement to submit prepaid account industry to implement the rule and consumers of any delay in the effective agreements to the Bureau, but did not provides for an appropriate balance date of the rule. Another think tank suggest a delay to the effective date in between the interests of the consumers supported the six-month delay, stating § 1005.19(f)(2). who will receive the benefits of the rule that otherwise there is a risk that A program manager expressed and the needs of industry for an providers might pull cards without concerns about the challenges it is adequate implementation period. The replacing them, thus hampering facing in complying with the agreement Bureau appreciates the issues raised by consumers’ access to those products. posting requirement in § 1005.19, which commenters advocating for a longer The commenters who did not identify appears to be due, at least in part, to the delay to the Prepaid Accounts Final their affiliation varied in their number of prepaid account agreements Rule’s effective date, but does not comments, either expressing support for it manages. This commenter suggested believe that a longer delay is in fact the proposed delay in effective date or making the effective dates set forth in warranted at this time. arguing that the effective date should § 1005.19(f)(1) and (2) consistent, but Based on industry outreach efforts not be extended to ensure that did not request that the Bureau delay and the comments received in response consumers receive the protections of the the effective date for the agreement to the Effective Date NPRM, the Bureau Prepaid Accounts Final Rule. A group of submission requirement. A commenter has determined that it should revisit at State attorneys general expressed who did not identify his or her least two substantive issues through a support for the rule generally but did affiliation supported the Bureau’s separate notice and comment not comment specifically on the proposal not to delay the effective date rulemaking process. Those issues relate effective date of the rule. of the agreement submission to the linking of credit cards into digital Safe harbor for early compliance. Two requirement, but suggested that the wallets that are capable of storing funds trade association commenters urged the Bureau revisit that decision six months and to error resolution and limitations Bureau to establish a safe harbor for in advance of the effective date. on liability for prepaid accounts that

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cannot be registered, have not yet been Final Rule and the current regulations of the Dodd-Frank Act11 provides that registered, or for which consumers have applying to accounts that will be the Bureau may prescribe rules to attempted but have not successfully covered by the rule that would merit a ensure that the features of any consumer completed the registration process. The more formal safe harbor. financial product or service, both Bureau is continuing to evaluate other Section 1005.19(f)(2). The Bureau is initially and over the term of the concerns raised by industry and other maintaining the October 1, 2018 product or service, are fully, accurately, stakeholders, including those discussed effective date set forth in Regulation E and effectively disclosed to consumers in comments on the Effective Date § 1005.19(f)(2) for the agreement in a manner that permits consumers to NPRM, and may address a limited submission requirement, as proposed. In understand the costs, benefits, and risks number of other topics as well in its the Effective Date NPRM, the Bureau associated with the product or service, forthcoming proposal. The Bureau also indicated that its industry outreach had in light of the facts and circumstances. will seek comment on whether any not indicated that the effective date of Additionally, under Dodd-Frank Act further extension of the effective date is this provision was causing significant section 1022(b)(1),12 the Bureau has needed in light of the specific changes compliance concerns in and of itself, general authority to prescribe rules as proposed. and the comments to the Effective Date may be necessary or appropriate to Safe harbor for early compliance. The NPRM support that conclusion. The enable the Bureau to administer and Bureau agrees with commenters that Bureau does not believe that the few carry out the purposes and objectives of early compliance with the Prepaid concerns raised by commenters warrant the Federal consumer financial laws, Accounts Final Rule could benefit both a delay to the October 1, 2018 effective and to prevent evasions thereof. industry and consumers. The Bureau is date. EFTA, TILA, and Title X of the Dodd- not aware of any conflicts between the Frank Act are Federal consumer IV. Legal Authority requirements of the Prepaid Accounts financial laws. Accordingly, in Final Rule and the current regulations The Bureau is exercising its finalizing this rule, the Bureau is applying to accounts that will be rulemaking authority pursuant to EFTA exercising its authority under Dodd- covered by the rule, nor were any section 904(a) and (c), Dodd-Frank Act Frank Act section 1022(b) 13 to prescribe specified by commenters. To the extent sections 1022(b)(1) and 1032(a), and rules under EFTA, TILA, and Title X of that financial institutions are engaged in TILA section 105(a) to delay the the Dodd-Frank Act that carry out the consumer-friendly practices that are not effective date of the Prepaid Accounts purposes and objectives and prevent specifically required under current Final Rule. evasion of those laws. Section regulations, the Bureau encourages The legal authority for the Prepaid 1022(b)(2) of the Dodd-Frank Act 14 those institutions to continue those Accounts Final Rule is described in prescribes certain standards for practices, whether or not those practices detail in the Prepaid Accounts Final rulemaking that the Bureau must follow are required by the Prepaid Accounts Rule’s SUPPLEMENTARY INFORMATION.7 As in exercising its authority under section Final Rule. For example, financial amended by the Dodd-Frank Act, EFTA 1022(b)(1). institutions that already provide access section 904(a) and (c) 8 authorizes the V. Provisions Affected by the Final Rule to more than 60 days of account history Bureau to prescribe regulations to carry to all current accountholders, or that out the purposes of EFTA and provide 1005.18 Requirements for Financial provide full Regulation E error that such regulations may contain such Institutions Offering Prepaid Accounts resolution and limited liability classifications, differentiations, or other 18(b) Pre-Acquisition Disclosure protections to their accountholders, are provisions, and may provide for such Requirements encouraged to continue to do so in adjustments and exceptions, for any advance of the effective date. However, class of electronic fund transfers or 18(b)(2) Short Form Disclosure Content remittance transfers as in the judgment financial institutions should ensure that 18(b)(2)(ix) Disclosure of Additional Fee of the Bureau are necessary or proper to their disclosures do not suggest to Types consumers that they are engaged in a effectuate the purposes of EFTA, to consumer-friendly practice that they prevent circumvention or evasion Regulation E § 1005.18(b)(2) describes have not yet implemented. thereof, or to facilitate compliance the short form disclosure content The Bureau notes that the Prepaid therewith. As amended by the Dodd- requirements for prepaid accounts. Accounts Final Rule already Frank Act, TILA section 105(a) 9 directs Section 1005.18(b)(2)(ix) contains contemplates that some aspects of the the Bureau to prescribe regulations to requirements specifically regarding rule will be phased in, particularly with carry out the purposes of TILA and additional fee types. Section respect to the exception that does not provides that such regulations may require financial institutions to pull and contain such additional requirements, or E of TILA shall have an effective date ‘‘of that October 1 which follows by at least six months the replace non-compliant packaging that classifications, differentiations, or other date of promulgation.’’ Section 105(d) further was manufactured, printed, or otherwise provisions, and may provide for such provides that the Bureau ‘‘may at its discretion take produced in the normal course of adjustments and exceptions for all or interim action by regulation, amendment, or business prior to the effective date of the any class of transactions as in the interpretation to lengthen the period of time permitted for creditors or lessors to adjust their rule. Thus, the Bureau is not adding an judgment of the Bureau are necessary or forms to accommodate new requirements.’’ explicit safe harbor for early proper to effectuate the purposes of Although the Bureau desires to have the rule take compliance, although the Bureau does TILA, to prevent circumvention or effect as soon as feasible given its value for not believe that the absence of one will evasion thereof, or to facilitate consumers, the Bureau is using its discretion under 10 TILA section 105(d) to lengthen the period in this prevent financial institutions from compliance therewith. Section 1032(a) instance. The Bureau believes that the changes the implementing practices that are Prepaid Accounts Final Rule will require to required by the Prepaid Accounts Final 7 See, e.g., 81 FR 83934, 83958–60 (Nov. 22, disclosures pursuant to Regulation Z warrant a Rule prior to the effective date. The 2016). delayed effective date that conforms to the rest of 8 the rule. Bureau will seek comment in its 15 U.S.C. 1593b(a). 9 15 U.S.C. 1604(a). 11 12 U.S.C. 5532(a). forthcoming proposal on whether there 10 TILA section 105(d) generally provides that a 12 12 U.S.C. 5512(b)(1). are in fact any conflicts between regulation requiring any disclosure that differs from 13 12 U.S.C. 5512(b). requirements of the Prepaid Accounts the disclosures previously required by parts A, D, 14 12 U.S.C. 5512(b)(2).

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1005.18(b)(2)(ix)(D) describes the timing effective date of the Prepaid Accounts Accounts Final Rule,18 the delay of the requirements for the initial assessment Final Rule will become effective 30 days effective date of the Prepaid Accounts of an additional fee types disclosure, after publication in the Federal Final Rule will generally benefit and § 1005.18(b)(2)(ix)(E) describes the Register, as required under section covered persons by facilitating initial timing for the periodic reassessment and 553(d) of the Administrative Procedure compliance with the Prepaid Accounts update of additional fee types Act.15 Final Rule’s requirements and delaying disclosures. The Bureau is revising the the start of ongoing compliance costs. VII. Dodd-Frank Act Section 1022(b) dates in the regulatory text and headings Because covered persons retain the Analysis in § 1005.18(b)(2)(ix)(D)(1) through (3) option of complying with the Prepaid and in comments 18(b)(2)(ix)(D)(1)–1, In developing the final rule, the Accounts Final Rule’s original effective 18(b)(2)(ix)(D)(2)–1, 18(b)(2)(ix)(E)(2)– Bureau has considered the potential date, any delay in the effective date will 1.i through iii, and 18(b)(2)(ix)(E)(3)–1 benefits, costs, and impacts required by not increase costs to providers. to reflect the new April 1, 2018 effective section 1022(b)(2) of the Dodd-Frank Consumers may experience both date. The Bureau is not, however, Act. Specifically, section 1022(b)(2) benefits and costs from a delay in the changing the October 1, 2014 date in calls for the Bureau to consider the effective date. If a delay in the effective § 1005.18(b)(2)(ix)(D)(1) and related potential benefits and costs of a date helps to preserve consumer access commentary, which is the beginning of regulation to consumers and covered to covered products by minimizing the time frame for which financial persons, including the potential industry disruption, both consumers institutions may calculate additional fee reduction of consumer access to and covered persons will benefit. types to disclose, so as not to consumer financial products or services, However, the Bureau believes that inconvenience financial institutions that the impact on depository institutions delaying the effective date may also have already prepared their additional and credit unions with $10 billion or delay consumers’ realization of benefits fee types calculations in reliance on that less in total assets as described in arising from the protections provided by date. section 1026 of the Dodd-Frank Act, and the Prepaid Accounts Final Rule, 18(h) Effective Date and Special the impact on consumers in rural areas. thereby potentially imposing a cost on Transition Rules for Disclosure In addition, 12 U.S.C. 5512(b)(2)(B) consumers. One think tank commenter Provisions directs the Bureau to consult, before and stated that, although prepaid providers during the rulemaking, with appropriate often offer some protections voluntarily, Regulation E § 1005.18(h) sets forth prudential regulators or other Federal providers may alter or remove several provisions to make clearer the agencies, regarding consistency with the protections so long as the rule is not in Prepaid Accounts Final Rule’s general objectives those agencies administer. effect. Another think tank commenter October 1, 2017 effective date. The The Bureau consulted, or offered to stated that the primary cost of the delay Bureau is revising the dates in the consult with, the prudential regulators, would be that consumers would not regulatory text and headings throughout the Department of the Treasury, the have the information needed to make § 1005.18(h) and in comments 18(h)–1, Securities and Exchange Commission, appropriate choices among card 2, 6.i and 6.ii to reflect the new April and the Federal Trade Commission products. However, the commenter also 1, 2018 effective date. regarding consistency with any stated that providers have made 1005.19 Internet Posting of Prepaid prudential, market, or systemic improvements with respect to Account Agreements objectives administered by these disclosure recently and that it believed agencies. that the risk of consumers not having 19(f) Effective Date The Bureau previously considered the adequate information for decision- 19(f)(1) Effective Date benefits, costs, and impacts of the making during the intervening period Regulation E § 1005.19(f)(1) sets forth Prepaid Accounts Final Rule’s major was low. the general effective date for the prepaid provisions.16 The Bureau also The Bureau does not expect the final account agreement posting requirements previously considered the benefits, rule to have a differential impact on in § 1005.19, other than the delayed costs, and impacts of delaying the depository institutions and credit requirement to submit prepaid account effective date in the Effective Date unions with $10 billion or less in total agreements to the Bureau pursuant to NPRM and solicited comment regarding assets, as described in section 1026 of § 1005.19(b), as addressed in that discussion.17 Where comments the Dodd-Frank Act, or on consumers in § 1005.19(f)(2). The Bureau is revising discuss the benefits or costs of delaying rural areas. The Bureau does not believe the date in the regulatory text of the effective date in the context of that the delay in the effective date will § 1005.19(f)(1) to reflect the new April 1, commenting on the merits of the reduce consumer access to consumer 2018 effective date. As discussed above, provision, the Bureau has addressed financial products and services, and it the Bureau is not delaying the October those comments above. In this respect, may increase consumer access by 1, 2018 date for submission of the Bureau’s section 1022(b)(2) decreasing the possibility of industry agreements to the Bureau. discussion is not limited to the disruption arising from the Prepaid discussion in this part of the final rule. Accounts Final Rule’s implementation. VI. Effective Date In considering the relevant potential VIII. Regulatory Flexibility Act The Bureau is delaying the October 1, benefits, costs, and impacts, the Bureau Analysis 2017 effective date of the Prepaid has applied its knowledge and expertise 19 Accounts Final Rule by six months, to concerning consumer financial markets The Regulatory Flexibility Act as April 1, 2018. Additionally, the Bureau and information received in response to amended by the Small Business is making conforming amendments to its request for comment. Compared to Regulatory Enforcement Fairness Act of Regulation E §§ 1005.18(b)(2)(ix) and (h) the baseline established by the Prepaid and 1005.19(f)(1), and related 18 The Bureau has discretion in any rulemaking to choose an appropriate scope of analysis with commentary, as described above, which 15 5 U.S.C. 553(d). respect to potential benefits, costs, and impacts and will also become effective April 1, 2018. 16 81 FR 83934, 84269 (Nov. 22, 2016). an appropriate baseline. This final rule with respect to the 17 82 FR 13782, 13785 (Mar. 15, 2017). 19 Public Law 96–354, 94 Stat. 1164 (1980).

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1996 20 (RFA) requires each agency to respect to the timing of the Prepaid PART 1005—ELECTRONIC FUND consider the potential impact of its Accounts Final Rule’s implementation. TRANSFERS (REGULATION E) regulations on small entities, including In addition to generally providing small businesses, small governmental increased flexibility, the delay in the ■ 1. The authority citation for part 1005 units, and small not-for-profit effective date will permit small entities continues to read as follows: organizations.21 The RFA defines a to delay the commencement of any Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. ‘‘small business’’ as a business that ongoing costs that result from 1693b. Subpart B is also issued under 12 meets the size standard developed by complying with the Prepaid Accounts U.S.C. 5601 and 15 U.S.C. 1693o–1. the Small Business Administration Final Rule. Because small entities retain Subpart A—General (SBA) pursuant to the Small Business the option of complying with the 22 Act. Prepaid Accounts Final Rule’s original § 1005.18 Requirements for financial The RFA generally requires an agency effective date, the final rule’s delay of institutions offering prepaid accounts. to conduct an initial regulatory the effective date will not increase costs ■ flexibility analysis (IRFA) and a final 2. Section 1005.18 is amended by incurred by small entities relative to the regulatory flexibility analysis (FRFA) of revising all references to ‘‘October 1, baseline established by the Prepaid any rule subject to notice-and-comment 2017’’ to read ‘‘April 1, 2018’’ in Accounts Final Rule. rulemaking requirements, unless the paragraphs (b)(2)(ix)(D)(1) through (3) agency certifies that the rule would not Accordingly, the undersigned hereby and (h). have a significant economic impact on certifies that this final rule will not have § 1005.19 Internet posting of prepaid a substantial number of small entities.23 a significant economic impact on a account agreements. The Bureau also is subject to certain substantial number of small entities. ■ 3. Section 1005.19 is amended by additional procedures under the RFA IX. Paperwork Reduction Act revising the reference to ‘‘October 1, involving the convening of a panel to 2017’’ to read ‘‘April 1, 2018’’ in consult with small entity Under the Paperwork Reduction Act paragraph (f)(1). representatives prior to proposing a rule of 1995 (PRA),27 Federal agencies are 24 ■ 4. In Supplement I to part 1005: for which an IRFA is required. generally required to seek Office of The undersigned certified that the ■ a. Under Section 1005.18— Management and Budget (OMB) Requirements for Financial Institutions Effective Date NPRM would not have a approval for information collection significant economic impact on a Offering Prepaid Accounts: requirements prior to implementation. ■ substantial number of small entities and i. In subsection 18(b)(2)(ix)(D)(1) The collections of information related to that an IRFA was therefore not required. Existing Prepaid Account Programs as the Prepaid Accounts Final Rule have The Bureau arrived at this conclusion of October 1, 2017, the subsection been previously reviewed and approved because the Effective Date NPRM would heading and paragraph 1 are amended delay the effective date of the Prepaid by OMB in accordance with the PRA by revising all references to ‘‘October 1, Accounts Final Rule, which itself would and assigned OMB Control Number 2017’’ to read ‘‘April 1, 2018’’. ■ not have a significant economic impact 3170–0014 (Regulation E) and 3170– ii. In subsection 18(b)(2)(ix)(D)(2) on a substantial number of small 0015 (Regulation Z). Under the PRA, the Existing Prepaid Account Programs as entities.25 Upon considering relevant Bureau may not conduct or sponsor and, of October 1, 2017 with Unavailable comments, the Bureau’s conclusion that notwithstanding any other provision of Data, the subsection heading and the rule will not have a significant law, a person is not required to respond paragraph 1 are amended by revising all economic impact on a substantial to an information collection unless the references to ‘‘October 1, 2017’’ to read number of small entities is unchanged. information collection displays a valid ‘‘April 1, 2018’’. ■ Therefore, a FRFA is not required.26 control number assigned by OMB. iii. In subsection 18(b)(2)(ix)(E)(2) Periodic Reassessment, paragraphs 1.i As discussed above, this final rule The Bureau has determined that this delays the effective date of the Prepaid through iii are amended by: final rule will not have any new or ■ A. Revising all references to ‘‘October Accounts Final Rule to April 1, 2018. revised information collection The six-month delay in the effective 1, 2017’’ to read ‘‘April 1, 2018’’. requirements (recordkeeping, reporting, ■ B. Revising all references to ‘‘October date will benefit small entities by or disclosure requirements) on covered providing additional flexibility with 1, 2019’’ to read ‘‘April 1, 2020’’. entities or members of the public that ■ C. Revising the reference to ‘‘January would constitute collections of 1, 2020’’ to read ‘‘July 1, 2020’’. 20 Public Law 104–21, section 241, 110 Stat. 847, ■ 864–65 (1996). information requiring OMB approval iv. In subsection 18(b)(2)(ix)(E)(3) Fee 21 5 U.S.C. 601 through 612. The term ‘‘ ‘small under the PRA. Schedule Change, paragraph 1 is organization’ means any not-for-profit enterprise amended by revising the reference to List of Subjects in 12 CFR Part 1005 which is independently owned and operated and is ‘‘October 1, 2017’’ to read ‘‘April 1, not dominant in its field, unless an agency establishes [an alternative definition under notice Banking, Banks, Consumer protection, 2018’’. ■ and comment].’’ 5 U.S.C. 601(4). The term ‘‘ ‘small Credit unions, Electronic fund transfers, v. In subsection 18(h) Effective Date governmental jurisdiction’ means governments of National banks, Remittance transfers, and Special Transition Rules for cities, counties, towns, townships, villages, school Reporting and recordkeeping Disclosure Provisions, paragraphs 1 and districts, or special districts, with a population of 2 are amended by revising all references less than fifty thousand, unless an agency requirements, Savings Associations. establishes [an alternative definition after notice to ‘‘October 1, 2017’’ to read ‘‘April 1, and comment].’’ 5 U.S.C. 601(5). Authority and Issuance 2018’’. 22 5 U.S.C. 601(3). The Bureau may establish an ■ vi. In subsection 18(h) Effective Date alternative definition after consulting with the SBA For the reasons set forth above, and Special Transition Rules for and providing an opportunity for public comment. Regulation E, 12 CFR part 1005, as Disclosure Provisions, paragraph 6 Id. amended November 22, 2016, at 81 FR 23 5 U.S.C. 601 through 612. introductory text and paragraph 6.i are 24 5 U.S.C. 609. 83934, is further amended as follows: amended by: 25 81 FR 83934, 84308 (Nov. 22, 2016). ■ A. Revising all references to ‘‘October 265 U.S.C. 605(b). 27 44 U.S.C. 3501 et seq. 1, 2017’’ to read ‘‘April 1, 2018’’.

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■ B. Revising the reference to DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking ‘‘November 1, 2017’’ to read ‘‘May 1, 2018’’. Federal Aviation Administration The FAA’s authority to issue rules regarding aviation safety is found in ■ C. Revising the reference to ‘‘October 14 CFR Part 71 Title 49 of the United States Code. 1, 2018’’ to read ‘‘April 1, 2019’’. Subtitle I, Section 106 describes the ■ D. Revising the reference to ‘‘October authority of the FAA Administrator. [Docket No. FAA–2017–0054; Airspace 1, 2019’’ to read ‘‘April 1, 2020’’. Docket No. 17–ANM–2] Subtitle VII, Aviation Programs, ■ vii. In subsection 18(h) Effective Date describes in more detail the scope of the and Special Transition Rules for Amendment of Class D and Class E agency’s authority. This rulemaking is Disclosure Provisions, paragraph 6.ii is Airspace; Aspen, CO; and Pueblo, CO promulgated under the authority revised to read as follows: described in Subtitle VII, Part A, AGENCY: Federal Aviation Subpart I, Section 40103. Under that Supplement I to Part 1005—Official Administration (FAA), DOT. section, the FAA is charged with Interpretations ACTION: Final rule, technical prescribing regulations to assign the use * * * * * amendment. of airspace necessary to ensure the safety of aircraft and the efficient use of Section 1005.18—Requirements for SUMMARY: This action amends the legal airspace. This regulation is within the Financial Institutions Offering Prepaid description of the Class E airspace scope of that authority as it removes Accounts designated as an extension, at Aspen NOTAM information in Class D Pitkin County/Sardy Field, Aspen, CO, extension airspace and amends the * * * * * and Pueblo Memorial Airport, Pueblo, airport’s geographic coordinates in 18(h) Effective Date and Special CO, eliminating the Notice to Airmen associated Class D and Class E airspace Transition Rules for Disclosure (NOTAM) part-time status. This action for the above noted airports in Aspen, Provisions also updates the geographic coordinates CO, and Pueblo, CO. of these airports in the associated Class * * * * * D and E airspace areas to match the History ■ 6. Account information not available FAA’s current aeronautical database. The FAA Aeronautical Information on April 1, 2018. * * * This action does not affect the charted Services branch found the Class E boundaries or operating requirements of airspace designated as an extension for ii. Summary totals of fees. A financial the airspace. institution must display a summary Aspen Pitkin County/Sardy Field, total of the amount of all fees assessed DATES: Effective 0901 UTC, June 22, Aspen, CO, and Pueblo Memorial by the financial institution on the 2017. The Director of the Federal Airport, Pueblo, CO, as published in consumer’s prepaid account for the Register approves this incorporation by FAA Order 7400.11A, Airspace prior calendar month and for the reference action under title 1, Code of Designations and Reporting Points, does calendar year to date pursuant to Federal Regulations, part 51, subject to not require part-time status. Also, after § 1005.18(c)(5) beginning April 1, 2018. the annual revision of FAA Order a review, the FAA found the geographic If, on April 1, 2018, the financial 7400.11 and publication of conforming coordinates referenced in the airspace institution does not have readily amendments. legal descriptions under Class D and accessible the data necessary to ADDRESSES: FAA Order 7400.11A, Class E airspace areas for Aspen Pitkin calculate the summary totals of fees for Airspace Designations and Reporting County/Sardy Field, Aspen, CO, and the prior calendar month or the calendar Points, and subsequent amendments can Pueblo Memorial Airport, Pueblo, CO year to date, the financial institution be viewed on line at http:// do not match the FAA’s current may provide the summary totals using www.faa.gov/air_traffic/publications/. aeronautical database. This rulemaking the data it has until the financial For further information, you can contact makes these updates. institution has accumulated the data the Airspace Policy Group, Federal Class D and Class E airspace necessary to display the summary totals Aviation Administration, 800 designations are published in paragraph as required by § 1005.18(c)(5). That is, Independence Avenue SW., 5000, 6002, 6004, and 6005, the financial institution would first Washington, DC, 20591; telephone: 202– respectively, of FAA Order 7400.11A display the monthly fee total beginning 267–8783. The Order is also available dated August 3, 2016, and effective on May 1, 2018 for the month of April, for inspection at the National Archives September 15, 2016, which is and the year-to-date fee total beginning and Records Administration (NARA). incorporated by reference in 14 CFR on April 1, 2018, provided the financial For information on the availability of part 71.1. The Class D and Class E institution discloses that it is displaying this material at NARA, call 202–741– airspace designations listed in this the year-to-date total beginning on April 6030, or go to http://www.archives.gov/ document will be published _ _ _ 1, 2018 rather than for the entire federal register/code of federal- subsequently in the Order. calendar year 2018. On January 1, 2019, regulations/ibr_locations.html. Availability and Summary of financial institutions must begin FAA Order 7400.11, Airspace Documents for Incorporation by displaying year-to-date fee totals for Designations and Reporting Points, is Reference calendar year 2019. published yearly and effective on September 15. * * * * * This document amends FAA Order FOR FURTHER INFORMATION CONTACT: Tom 7400.11A, Airspace Designations and Dated: April 19, 2017. Clark, Federal Aviation Administration, Reporting Points, dated August 3, 2016, Richard Cordray, Operations Support Group, Western and effective September 15, 2016. FAA Director, Bureau of Consumer Financial Service Center, 1601 Lind Avenue SW., Order 7400.11A is publicly available as Protection. Renton, WA 98057; telephone (425) listed in the ADDRESSES section of this [FR Doc. 2017–08341 Filed 4–24–17; 8:45 am] 203–4511. document. FAA Order 7400.11A lists BILLING CODE 4810–AM–P SUPPLEMENTARY INFORMATION: Class A, B, C, D, and E airspace areas,

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air traffic service routes, and reporting is not expected to cause any potentially effective during specific dates and times points. significant environmental impacts, and established in advance by a Notice to no extraordinary circumstances exist Airmen. The effective date and time will The Rule that warrant preparation of an thereafter be continuously published in the Chart Supplement. This action amends Title 14, Code of environmental assessment. Federal Regulations (14 CFR) part 71 by * * * * * Lists of Subjects in 14 CFR Part 71 eliminating the following NOTAM ANM CO E2 Pueblo, CO [Modified] information from the regulatory text of Airspace, Incorporation by reference, Pueblo Memorial Airport, CO Class E airspace designated as an Navigation (air). (Lat. 38°17′24″ N., long. 104°29′53″ W.) extension to Class D, at Aspen Pitkin Adoption of the Amendment Within a 5.6-mile radius of Pueblo County/Sardy Field, Aspen, CO, and Memorial Airport. This Class E airspace area Pueblo Memorial Airport, Pueblo, CO: In consideration of the foregoing, the is effective during the specific dates and ‘‘This Class E airspace is effective Federal Aviation Administration times established in advance by a Notice to during the specific dates and times amends 14 CFR part 71 as follows: Airmen. The effective date and time will established in advance by a Notice to thereafter be continuously published in the Airmen. The effective date and time will PART 71—DESIGNATION OF CLASS A, Chart Supplement. thereafter be continuously published in B, C, D, AND E AIRSPACE AREAS; AIR Paragraph 6004 Class E Airspace Areas the Airport/Facility Directory.’’ Also, TRAFFIC SERVICE ROUTES; AND Designated as an Extension to a Class D or this action updates the geographic REPORTING POINTS Class E Surface Area. coordinates of these airports in the ■ 1. The authority citation for part 71 * * * * * associated Class D and Class E airspace continues to read as follows: ANM CO E4 Aspen, CO [Modified] areas to match the FAA’s current aeronautical database. Authority: 49 U.S.C. 106(f), 106(g); 40103, Aspen-Pitkin County/Sardy Field, CO (Lat. 39°13′19″ N., long. 106°52′06″ W.) An editorial change is made in the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. airspace description for Class D airspace That airspace extending upward from the surface within 2.7 miles each side of the 316° and Class E surface area airspace, § 71.1 [Amended] bearing from Aspen-Pitkin County/Sardy replacing Airport/Facility Directory ■ 2. The incorporation by reference in Field extending from the 4.3-mile radius of with the current term Chart 14 CFR 71.1 of FAA Order 7400.11A, the airport to 7.4 miles northwest of the Supplement. Airspace Designations and Reporting airport. This is an administrative change and Points, dated August 3, 2016, effective * * * * * does not affect the boundaries, altitudes, September 15, 2016, is amended as or operating requirements of the ANM CO E4 Pueblo, CO [Modified] follows: airspace, therefore, notice and public Pueblo Memorial Airport, CO ° ′ ″ ° ′ ″ procedure under 5 U.S.C. 553(b) is Paragraph 5000 Class D Airspace. (Lat. 38 17 24 N., long. 104 29 53 W.) unnecessary. * * * * * That airspace extending upward from the surface within 1.8 miles each side of the Regulatory Notices and Analyses ANM CO D Aspen, CO [Modified] Pueblo Memorial Airport 269° bearing The FAA has determined that this Aspen-Pitkin County/Sardy Field, CO extending from the 5.6-mile radius of the (Lat. 39°13′19″ N., long. 106°52′06″ W.) airport to 7 miles west of the airport, and regulation only involves an established within 3.5 miles each side of the Pueblo That airspace extending upward from the body of technical regulations for which Memorial Airport 080° bearing extending surface to and including 10,300 feet MSL frequent and routine amendments are from the 5.6-mile radius of the airport to 11.4 necessary to keep them operationally within a 4.3-mile radius of Aspen-Pitkin miles east of the airport. County/Sardy Field. This Class D airspace current, is non-controversial and area is effective during the specific dates and Paragraph 6005 Class E Airspace Areas unlikely to result in adverse or negative times established in advance by a Notice to Extending Upward From 700 Feet or More comments. It, therefore: (1) Is not a Airmen. The effective date and time will Above the Surface of the Earth. ‘‘significant regulatory action’’ under thereafter be continuously published in the * * * * * Executive Order 12866; (2) is not a Chart Supplement. ‘‘significant rule’’ under DOT * * * * * ANM CO E5 Aspen, CO [Modified] Regulatory Policies and Procedures (44 Aspen-Pitkin County/Sardy Field, CO FR 11034; February 26, 1979); and (3) ANM CO D Pueblo, CO [Modified] (Lat. 39°13′19″ N., long. 106°52′06″ W.) does not warrant preparation of a Pueblo Memorial Airport, CO That airspace extending upward from 700 ° ′ ″ ° ′ ″ regulatory evaluation as the anticipated (Lat. 38 17 24 N., long. 104 29 53 W.) feet above the surface beginning at lat. That airspace extending upward from the 39°04′00″ N., long. 106°40′02″ W.; to lat. impact is so minimal. Since this is a ° ′ ″ ° ′ ″ routine matter that only affects air traffic surface to and including 7,200 feet MSL 39 04 00 N., long. 107 44 02 W.; to lat. within a 5.6-mile radius of Pueblo Memorial 39°39′00″ N., long. 107°44′02″ W.; to lat. procedures and air navigation, it is Airport. This Class D airspace area is 39°39′00″ N., long. 106°40′02″ W., to the certified that this rule, when effective during the specific dates and times point of beginning; that airspace extending promulgated, does not have a significant established in advance by a Notice to upward from 1,200 feet above the surface economic impact on a substantial Airmen. The effective date and time will beginning at lat. 40°50′00″ N., long. number of small entities under the thereafter be continuously published in the 108°00′02″ W.; to lat. 40°50′00″ N., long. ° ′ ″ ° ′ ″ criteria of the Regulatory Flexibility Act. Chart Supplement. 107 30 02 W.; to lat. 40 32 00 N., long. 106°00′02″ W.; to lat. 39°19′00″ N., long. Environmental Review Paragraph 6002 Class E Airspace 106°00′02″ W.; to lat. 39°19′00″ N., long. Designated as Surface Areas. ° ′ ″ ° ′ ″ The FAA has determined that this 106 30 02 W.; to lat. 39 00 00 N., long. * * * * * 106°30′02″ W.; to lat. 39°00′00″ N., long. action qualifies for categorical exclusion 108°11′02″ W.; to lat. 39°30′00″ N., long. under the National Environmental ANM CO E2 Aspen, CO [Modified] 108°50′02″ W.; to lat. 40°25′30″ N., long. Policy Act in accordance with FAA Aspen-Pitkin County/Sardy Field, CO 108°54′32″ W.; to lat. 40°28′00″ N., long. Order 1050.1F, ‘‘Environmental (Lat. 39°13′19″ N., long. 106°52′06″ W.) 108°12′17″ W., to point of beginning, Impacts: Policies and Procedures,’’ Within a 4.3-mile radius of Aspen-Pitkin excluding Federal airways. paragraph 5–6.5a. This airspace action County/Sardy Field. This Class E airspace is * * * * *

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ANM CO E5 Pueblo, CO [Modified] be viewed on line at http:// coordinates listed in Grant County Pueblo Memorial Airport, CO www.faa.gov/air_traffic/publications/. International Airport’s Class D and Class (Lat. 38°17′24″ N., long. 104°29′53″ W.) For further information, you can contact E airspace legal descriptions for Grant That airspace extending upward from 700 the Airspace Policy Group, Federal County International Airport, Moses feet above the surface within a 21.8-mile Aviation Administration, 800 Lake VOR/DME, and Fairchild AFB, do radius of Pueblo Memorial Airport, and Independence Avenue SW., not match the FAA’s aeronautical within a 28.8-mile radius of Pueblo Memorial Washington, DC 20591; telephone: 202– database. ° ° Airport clockwise between the 070 and 133 267–8783. The Order is also available Also, an editorial change is made to bearing of the airport; that airspace extending for inspection at the National Archives the Class D and Class E airspace legal upward from 1,200 feet above the surface and Records Administration (NARA). descriptions replacing Airport/Facility within a 60-mile radius of Pueblo Memorial Directory with the term Chart Airport. For information on the availability of this material at NARA, call 202–741– Supplement, and adds the city name Issued in Seattle, Washington, on April 18, 6030, or go to http://www.archives.gov/ Spokane to Fairchild AFB listed under 2017. federal_register/code_of_federal- the header for Grant County Sam S.L. Shrimpton, regulations/ibr_locations.html. International Airport in Class E 700 foot Acting Group Manager, Operations Support FAA Order 7400.11, Airspace airspace. Group, Western Service Center. Designations and Reporting Points, is Class D and Class E airspace [FR Doc. 2017–08243 Filed 4–24–17; 8:45 am] published yearly and effective on designations are published in paragraph BILLING CODE 4910–13–P September 15. 5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11A FOR FURTHER INFORMATION CONTACT: Tom dated August 3, 2016, and effective Clark, Federal Aviation Administration, DEPARTMENT OF TRANSPORTATION September 15, 2016, which is Operations Support Group, Western incorporated by reference in 14 CFR Service Center, 1601 Lind Avenue SW., Federal Aviation Administration 71.1. The Class D and Class E airspace Renton, WA 98057; telephone (425) designations listed in this document 203–4511. 14 CFR Part 71 will be published subsequently in the SUPPLEMENTARY INFORMATION: [Docket No. FAA–2017–0217; Airspace Order. Docket No. 17–ANM–8] Authority for This Rulemaking Availability and Summary of Amendment of Class E Airspace; The FAA’s authority to issue rules Documents for Incorporation by Moses Lake, WA; Olympia, WA regarding aviation safety is found in Reference Title 49 of the United States Code. This document amends FAA Order AGENCY: Federal Aviation Subtitle I, Section 106 describes the 7400.11A, Airspace Designations and Administration (FAA), DOT. authority of the FAA Administrator. Reporting Points, dated August 3, 2016, ACTION: Final rule, technical Subtitle VII, Aviation Programs, and effective September 15, 2016. FAA amendment. describes in more detail the scope of the Order 7400.11A is publicly available as agency’s authority. This rulemaking is listed in the ADDRESSES section of this SUMMARY: This action amends the legal promulgated under the authority descriptions of the Class E airspace area document. FAA Order 7400.11A lists described in Subtitle VII, Part A, Class A, B, C, D, and E airspace areas, designated as an extension to a Class D Subpart I, Section 40103. Under that airspace at Grant County International air traffic service routes, and reporting section, the FAA is charged with points. Airport (formerly Grant County Airport), prescribing regulations to assign the use Moses Lake, WA, and Olympia Regional of airspace necessary to ensure the The Rule Airport (formerly Olympia Airport), safety of aircraft and the efficient use of This action amends Title 14, Code of Olympia, WA, by eliminating the Notice airspace. This regulation is within the Federal Regulations (14 CFR) part 71 by to Airmen (NOTAM) part-time status. scope of that authority as it amends the eliminating the following language from Also, this action updates the airport legal descriptions of Class E airspace at the legal description of Class E airspace name for Grant County International Grant County International Airport, designated as an extension to a Class D Airport and Olympia Regional Airport Moses Lake, WA, and Olympia Regional or Class E surface area at Grant County and updates the geographic coordinates Airport, Olympia, WA, to remove the International Airport, Moses Lake, WA, for Grant County International Airport, NOTAM part-time status. and Olympia Regional Airport, Moses Lake VOR/DME, and Fairchild Olympia, ‘‘This Class E airspace is History AFB, as listed in the Grant County effective during the specific dates and International Airport Class D and Class The FAA Aeronautical Information times established in advance by a Notice E airspace legal descriptions. This Services branch found the Class E to Airmen. The effective date and time action does not affect the charted airspace designated as an extension to a will thereafter be continuously boundaries or operating requirements of Class D area at Grant County published in the Airport/Facility the airspace. International Airport, Moses Lake, WA, Directory.’’ DATES: Effective 0901 UTC, June 22, and Olympia Regional Airport, Also, this action updates the airport 2017. The Director of the Federal Olympia, WA, as published in FAA names for Grant County International Register approves this incorporation by Order 7400.11A, Airspace Designations Airport (formerly Grant County Airport) reference action under title 1, Code of and Reporting Points, does not require and Olympia Regional Airport (formerly Federal Regulations, part 51, subject to part-time status. The FAA also found Olympia Airport). Additionally, this the annual revision of FAA Order the airport names for Grant County action updates the geographic 7400.11 and publication of conforming International Airport (formerly Grant coordinates for Grant County amendments. County Airport) and Olympia Regional International Airport, Moses Lake VOR/ ADDRESSES: FAA Order 7400.11A, Airport (formerly Olympia Airport) have DME, and Fairchild AFB as listed in the Airspace Designations and Reporting changed. Additionally, after a review, Grant County International Airport Points, and subsequent amendments can the FAA found the geographic Class D and Class E airspace legal

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descriptions. Lastly, this action replaces PART 71—DESIGNATION OF CLASS A, established in advance by a Notice to the outdated term Airport/Facility B, C, D, AND E AIRSPACE AREAS; AIR Airmen. The effective date and time will Directory with the term Chart TRAFFIC SERVICE ROUTES; AND thereafter be continuously published in the Chart Supplement. Supplement in the Class D and Class E REPORTING POINTS airspace legal descriptions, and adds the ANM WA E2 Olympia, WA [Modified] ■ city name Spokane to Fairchild AFB 1. The authority citation for part 71 Olympia Regional Airport, WA listed under the header for Grant County continues to read as follows: (Lat. 46°58′10″ N., long. 122°54′09″ W.) International Airport in Class E airspace Authority: 49 U.S.C. 106(f), 106(g); 40103, Within a 4-mile radius of the Olympia extending upward from 700 feet above 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Regional Airport. This Class E airspace area the surface. 1959–1963 Comp., p. 389. is effective during the specific dates and times established in advance by a Notice to This action is an administrative § 71.1 [Amended] Airmen. The effective date and time will change and does not affect the ■ 2. The incorporation by reference in thereafter be continuously published in the boundaries, altitudes, or operating 14 CFR 71.1 of FAA Order 7400.11A, Chart Supplement. requirements of the airspace. Therefore, Airspace Designations and Reporting Paragraph 6004 Class E Airspace Areas notice and public procedure under 5 Points, dated August 3, 2016, effective Designated as an Extension to a Class D or U.S.C. 553(b) is unnecessary. September 15, 2016, is amended as Class E Surface Area. follows: * * * * * Regulatory Notices and Analyses Paragraph 5000 Class D Airspace. ANM WA E4 Moses Lake, WA [Modified] The FAA has determined that this * * * * * Grant County International Airport, WA regulation only involves an established (Lat. 47°12′31″ N., long. 119°19′09″ W.) ANM WA D Moses Lake, WA [Modified] body of technical regulations for which Ephrata VORTAC frequent and routine amendments are Grant County International Airport, WA (Lat. 47°22′41″ N., long. 119°25′26″ W.) (Lat. 47°12′31″ N., long. 119°19′09″ W.) necessary to keep them operationally Moses Lake VOR/DME (Lat. 47°12′39″ N., long. 119°19′01″ W.) current, is non-controversial, and is That airspace extending upward from the surface to and including 3,700 feet MSL unlikely to result in adverse or negative That airspace extending upward from the within a 5.7-mile radius of Grant County surface within 1.8 miles each side of the comments. It, therefore: (1) Is not a International Airport, excluding that airspace Ephrata VORTAC 156° radial extending from ‘‘significant regulatory action’’ under within an area bounded by a line beginning the 5.7-mile radius of Grant County Executive Order 12866; (2) is not a at lat. 47°11′31″ N., long. 119°10′59″ W., to International Airport to 2.7 miles southeast of ° ′ ″ ° ′ ″ ‘‘significant rule’’ under DOT lat. 47 09 59 N., long. 119 14 55 W., to lat. the VORTAC, and within 2.2 miles each side ° ′ ″ ° ′ ″ ° Regulatory Policies and Procedures (44 47 07 34 N., long. 119 14 55 W., thence of the Moses Lake VOR/DME 050 radial counterclockwise via a 5.7-mile radius of extending from the 5.7-mile radius of the FR 11034; February 26, 1979); and (3) Grant County International Airport to the airport to 13.5 miles northeast of the VOR/ does not warrant preparation of a point of beginning. This Class D airspace area DME, and within 3.5 miles each side of the regulatory evaluation as the anticipated is effective during the specific dates and Moses Lake VOR/DME 063° radial extending impact is so minimal. Since this is a times established in advance by a Notice to from the 5.7-mile radius of the airport to 12.9 routine matter that only affects air traffic Airmen. The effective date and time will miles northeast of the VOR/DME, excluding procedures and air navigation, it is thereafter be continuously published in the the airspace within the Ephrata Municipal Chart Supplement. Airport, WA, Class E airspace area. certified that this rule, when promulgated, does not have a significant ANM WA D Olympia, WA [Modified] ANM WA E4 Olympia, WA [Modified] economic impact on a substantial Olympia Regional Airport, WA Olympia Regional Airport, WA number of small entities under the (Lat. 46°58′10″ N., long. 122°54′09″ W.) (Lat. 46°58′10″ N., long. 122°54′09″ W.) That airspace extending upward from the Olympia VORTAC criteria of the Regulatory Flexibility Act. ° ′ ″ ° ′ ″ surface to and including 2,700 feet MSL (Lat. 46 58 18 N., long. 122 54 07 W.) Environmental Review within a 4-mile radius of Olympia Regional That airspace extending upward from the Airport. This Class D airspace area is surface within 3.5 miles each side of the The FAA has determined that this effective during the specific dates and times Olympia VORTAC 195° radial extending action qualifies for categorical exclusion established in advance by a Notice to from the 4-mile radius of Olympia Regional under the National Environmental Airmen. The effective date and time will Airport to 9.2 miles south of the VORTAC, Policy Act in accordance with FAA thereafter be continuously published in the and within 1.8 miles each side of the ° Order 1050.1F, ‘‘Environmental Chart Supplement. Olympia VORTAC 010 radial extending from the 4-mile radius of the airport to 4.8 Impacts: Policies and Procedures,’’ Paragraph 6002 Class E Airspace miles north of the VORTAC. paragraph 5–6.5a. This airspace action Designated as Surface Areas. is not expected to cause any potentially * * * * * Paragraph 6005 Class E Airspace Areas significant environmental impacts, and Extending Upward From 700 Feet or More ANM WA E2 Moses Lake, WA [Modified] Above the Surface of the Earth. no extraordinary circumstances exist Grant County International Airport, WA * * * * * that warrant preparation of an (Lat. 47°12′31″ N., long. 119°19′09″ W.) environmental assessment. ANM WA E5 Moses Lake, WA [Modified] That airspace extending upward from the surface within a 5.7-mile radius of the Grant Grant County International Airport, WA Lists of Subjects in 14 CFR Part 71 ° ′ ″ ° ′ ″ County International Airport, excluding that (Lat. 47 12 31 N., long. 119 19 09 W.) airspace within an area bounded by a line Ephrata VORTAC Airspace, Incorporation by reference, ° ′ ″ ° ′ ″ Navigation (air). beginning at lat. 47°11′31″ N., long. (Lat. 47 22 41 N., long. 119 25 26 W.) 119°10′59″ W.; to lat. 49°09′59″ N., long. Spokane, Fairchild AFB ° ′ ″ ° ′ ″ Adoption of the Amendment 119°14′55″ W.; to lat. 47°07′34″ N., long. (Lat. 47 36 54 N., long. 117 39 21 W.) 119°14′55″ W.; thence counterclockwise via a That airspace extending upward from 700 In consideration of the foregoing, the 5.7-mile radius of the Grant County feet above the surface within a 16.6-mile Federal Aviation Administration International Airport to the point of radius of Grant County International Airport, amends 14 CFR part 71 as follows: beginning. This Class E airspace area is and within a 16.6-mile radius of the Ephrata effective during the specific dates and times VORTAC; that airspace extending upward

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from 1,200 feet above the surface bounded on https://ustr.gov/about-us/reading-room/ 15 CFR Part 2005 the north by lat. 47°45′00″ N., on the east by freedom-information-act-foia/frequent- Privacy. the 45.3-mile radius of Fairchild AFB, on the requested-records. The fourth comment southeast by V–204, on the south by V–298, For the reasons stated in the ° ′ ″ was from the Office of Government and on the west by long. 120 00 04 W. Information Services of the National preamble, the Office of the United States Issued in Seattle, Washington, on April 18, Archives and Records Administration Trade Representative is amending 2017. (OGIS). OGIS asked us to refer to the chapter XX of title 15 of the Code of Sam S.L. Shrimpton, services they offer as dispute resolution Federal Regulations as follows: Acting Group Manager, Operations Support services rather than mediation services PART 2004—DISCLOSURE OF Group, Western Service Center. and to add a description of those RECORDS AND INFORMATION [FR Doc. 2017–08241 Filed 4–24–17; 8:45 am] services to our definition of the term BILLING CODE 4910–13–P ‘‘OGIS.’’ In response, we revised the Subpart A—Definitions definition of OGIS in Subpart A and updated the references to OGIS ■ 1. The authority citation for subpart A OFFICE OF THE UNITED STATES elsewhere in the rule. The remainder of continues to read as follows: TRADE REPRESENTATIVE the third and fourth comment letters Authority: 19 U.S.C. 2171(e)(3). largely concerned changes we already 15 CFR Parts 2004 and 2005 made in response to feedback from the ■ 2. Amend § 2004.0 by revising the U.S. Department of Justice (DoJ). Based definition of the term ‘‘OGIS’’ to read as [Docket Numbers USTR–2016–0015 and follows: USTR–2016–0027] on 2017 FOIA training provided by DoJ, we are adding a new paragraph (4) to § 2004.0 Definitions. RIN 0350–AA08 and 0350–AA09 section 2004.9(g), which concerns payment of advance fees, to clarify that * * * * * Freedom of Information Act and we may collect fees a requester owes OGIS means the Office of Government Privacy Act Policies and Procedures before we release responsive records. Information Services of the National Archives and Records Administration. AGENCY: Office of the United States II. Privacy Act Rule OGIS offers FOIA dispute resolution Trade Representative. On December 22, 2016, USTR services, which is a voluntary process. ACTION: Final rule. published a proposed rule to update its If USTR agrees to participate in the dispute resolution services provided by SUMMARY: This rule makes minor implementing rule under the Privacy technical changes to the Office of the Act of 1974. See 81 FR 93857. The OGIS, USTR will actively engage as a United States Trade Representative proposed rule describes how partner to the process in an attempt to (USTR) Freedom of Information Act individuals can find out if a USTR resolve the dispute. (FOIA) regulation. It also adopts as a system of records contains information * * * * * final rule without change the proposed about them and, if so, how to access or Subpart B—Freedom of Information rule updating USTR’s Privacy Act amend a record. The proposed rule Act Policies and Procedures implementing regulation. USTR would move the Privacy Act regulation from part 2005 into a new subpart C to published both the FOIA and Privacy ■ 3. The authority citation for subpart B Act rules in December 2016. part 2004. The 60-day comment period ended on January 23, 2017. We did not continues to read as follows: DATES: The final rule will become receive any comments and are adopting Authority: 5 U.S.C. 552; 19 U.S.C. effective April 25, 2017. the proposed rule as a final rule without 2171(e)(3); Uniform Freedom of Information FOR FURTHER INFORMATION CONTACT: change. Act Fee Schedule and Guidelines, 52 FR Janice Kaye, Monique Ricker or Melissa 10012, Mar. 27, 1987. III. Regulatory Flexibility Act Keppel, Office of General Counsel, ■ 4. Amend § 2004.7 by revising United States Trade Representative, USTR has considered the impact of paragraph (d)(2)(iv) to read as follows: Anacostia Naval Annex, Building 410/ the final rule and determined that it is Door 123, 250 Murray Lane SW., not likely to have a significant economic § 2004.7 What will our response to your Washington, DC 20509, jkaye@ impact on a substantial number of small FOIA request include? ustr.eop.gov; [email protected]; business entities because it is applicable * * * * * [email protected], or the USTR only to USTR’s internal operations and (d) * * * FOIA Public Liaison at FOIA@ legal obligations. See 5 U.S.C. 601 et (2) * * * ustr.eop.gov or 202–395–3419. seq. (iv) Information about our FOIA Public Liaison and the dispute SUPPLEMENTARY INFORMATION: IV. Paperwork Reduction Act resolution services provided by OGIS; I. FOIA Technical Changes The final rule does not contain any and On December 15, 2016, USTR information collection requirement that * * * * * requires the approval of the Office of published a final rule revising its ■ Management and Budget under the 5. Amend § 2004.8 by revising existing regulations under the FOIA. See paragraph (c) to read as follows: 81 FR 90715. Since that time, we Paperwork Reduction Act (44 U.S.C. became aware of four comments letters 3501 et seq.). § 2004.8 What can I do if I am dissatisfied that we did not address in the final List of Subjects with USTR’s response to my FOIA request? rulemaking. Two of the comments * * * * * simply supported the FOIA’s goal of 15 CFR Part 2004 (c) Decisions on appeals. The FOIA government transparency. The third Administrative practice and Appeals Committee will notify you of comment suggested that USTR procedure, Courts, Disclosure, its appeal decision in writing within periodically release its FOIA log, which Exemptions, Freedom of information, twenty days from the date it receives the we plan to do on a quarterly basis on the Government employees, Privacy, appeal. A decision that upholds the FOIA page of the USTR Web site at Records, Subpoenas, Testimony. FOIA Office’s determination in whole or

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in part will identify the reasons for the Maintain means to keep or hold and records or information about you. You affirmance, including any FOIA preserve in an existing state, and also can make a request on behalf of exemptions applied, and notify you of includes the terms collect, use, another individual as the parent or your statutory right to seek judicial disseminate and control. guardian of a minor, or as the guardian review. The notice also will inform you Privacy Act Office means the USTR of someone determined by a court to be of the dispute resolution services officials who are authorized to respond incompetent. You may request access to offered by OGIS as a non-exclusive to requests and to process requests for another individual’s record or alternative to litigation. If the FOIA amendment of records USTR maintains information if you have that Appeals Committee remands or under the Privacy Act. individual’s written consent, unless modifies the original response, the FOIA Record means any item, collection or other conditions of disclosure apply. Office will further process the request in grouping of information about an (b) How do I make a request?—(1) accordance with the appeal individual that USTR maintains within Where do I send my written request? To determination and will respond directly a system of records and contains the make a request for access to a record, to you. individual’s name or the identifying you should write directly to our Privacy * * * * * number, symbol or other identifying Act Office. Heightened security delays ■ particular assigned to the individual, mail delivery. To avoid mail delivery 6. Amend § 2004.9 by adding such as a finger or voice print or paragraph (g)(4) to read as follows: delays, we strongly suggest that you photograph. email your request to PRIVACY@ § 2004.9 Fees. System of records means a group of ustr.eop.gov. Our mailing address is: * * * * * records USTR maintains or controls Privacy Act Office, Office of the US from which information is retrieved by (g) * * * Trade Representative, Anacostia Naval the name of an individual or by some (4) Before we provide records in Annex, Building 410/Door 123, 250 identifying number, symbol or other response to your request, we may collect Murray Lane SW., Washington, DC identifying particular assigned to the payments you owe for work we already 20509. To make sure that the Privacy individual. USTR publishes notices in have completed. Act Office receives your request without the Federal Register announcing the delay, you should include the notation * * * * * creation, deletion or amendment of its ‘Privacy Act Request’ in the subject line ■ 7. Add subpart C, consisting of systems of records. You can find a of your email or on the front of your §§ 2004.20 through 2004.29 to read as description of our systems of records on envelope and also at the beginning of follows: the USTR Web site: www.ustr.gov. your request. Subpart C—Privacy Act Policies and § 2004.21 Purpose and scope. (2) Security concerns. To protect our Procedures computer systems, we will not open (a) This subpart implements the attachments to emailed requests—you Sec. Privacy Act, 5 U.S.C. 552a, a Federal must include your request within the 2004.20 Definitions. law that requires Federal agencies to 2004.21 Purpose and scope. body of the email. We will not process protect private information about 2004.22 How do I make a Privacy Act email attachments. individuals that the agencies collect or request? (c) What should my request include? maintain. It establishes USTR’s rules for 2004.23 How will USTR respond to my You must describe the record that you access to records in systems of records Privacy Act request? seek in enough detail to enable the 2004.24 What can I do if I am dissatisfied we maintain that are retrieved by an Privacy Act Office to locate the system with USTR’s response to my Privacy Act individual’s name or another personal of records containing the record with a request? identifier. It describes the procedures by reasonable amount of effort. Include 2004.25 What does it cost to get records which individuals may request access to specific information about each record under the Privacy Act? records, request amendment or 2004.26 Are there any exemptions from the sought, such as the time period in correction of those records, and request Privacy Act? which you believe it was compiled, the an accounting of disclosures of those 2004.27 How are records secured? name or identifying number of each records by USTR. Whenever it is 2004.28 Use and collection of Social system of records in which you believe appropriate to do so, USTR Security numbers. it is kept, and the date, title or name, 2004.29 Employee responsibilities under automatically processes a Privacy Act author, recipient, or subject matter of the Privacy Act. request for access to records under both the record. As a general rule, the more the Privacy Act and the FOIA, following specific you are about the record that Subpart C—Privacy Act Policies and the rules contained in this subpart and you seek, the more likely we will be Procedures subpart B of part 2004. USTR processes able to locate it in response to your a request under both the Privacy Act request. Authority: 5 U.S.C. 552a; 19 U.S.C. and the FOIA so you will receive the 2171(e)(3). maximum amount of information (d) How do I request amendment or correction of a record? If you are § 2004.20 Definitions. available to you by law. (b) This subpart does not entitle you requesting an amendment or correction For purposes of this subpart: to any service or to the disclosure of any of a USTR record, you must identify Access means making a record record to which you are not entitled each particular record in question and available to a subject individual. under the Privacy Act. It also does not, the system of records in which the Amendment means any correction, and may not be relied upon to create record is located, describe the addition to or deletion of information in any substantive or procedural right or amendment or correction that you seek, a record. benefit enforceable against USTR. and state why you believe that the Individual means a natural person record is not accurate, relevant, timely who either is a citizen of the United § 2004.22 How do I make a Privacy Act or complete. You may submit any States or an alien lawfully admitted to request? documentation that you think would be the United States for permanent (a) In general. You can make a Privacy helpful, including an annotated copy of residence. Act request on your own behalf for the record.

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(e) How do I request an accounting of in writing within twenty days after we long as it clearly identifies the record disclosures? If you are requesting receive your request, if it meets the determination (including the request an accounting of disclosures made by requirements of this subpart. We may number, if known) that you are USTR to another person, organization or extend the response time in unusual appealing. Federal agency, you must identify each circumstances, such as the need to (2) Where do I send my appeal? You particular record in question. An consult with another agency about a should mark both your letter and the accounting generally includes the date, record or to retrieve a record shipped envelope, or the subject of your email, nature and purpose of each disclosure, offsite for storage. ‘‘Privacy Act Appeal’’. To avoid mail as well as the name and address of the (b) What will our response include? delivery delays caused by heightened person, organization, or Federal agency Our written response will include our security, we strongly suggest that you to which the disclosure was made. determination whether to grant or deny email any appeal to PRIVACY@ (f) Verification of identity. When your request in whole or in part, a brief ustr.eop.gov. Our mailing address is: making a Privacy Act request, you must explanation of the reasons for the Privacy Office, Office of the US Trade verify your identity in accordance with determination, and the amount of the Representative, Anacostia Naval Annex, these procedures to protect your privacy fee charged, if any, under § 2004.25. If Building 410/Door 123, 250 Murray or the privacy of the individual on you requested access to records, we will Lane SW., Washington, DC 20509. whose behalf you are acting. If you make the records, if any, available to (c) Who will decide your appeal? (1) make a Privacy Act request and you do you. If you requested amendment or The Privacy Act Appeals Committee or not follow these identity verification correction of a record, the response will designee will act on all appeals under procedures, USTR cannot process your describe any amendments or corrections this section. request. made and advise you of your right to (2) We ordinarily will not adjudicate (1) How do I verify my own identity? obtain a copy of the amended or an appeal if the request becomes a You must state your full name, current corrected record. matter of litigation. address, and date and place of birth. In (c) Adverse determinations—(1) What (3) On receipt of any appeal involving order to help identify and locate the is an adverse determination? An adverse classified information, the Privacy Act records, you also may, at your option, determination is a response to a Privacy Appeals Committee must take include your Social Security number. Act request that: appropriate action to ensure compliance To verify your own identity, you must (i) Withholds any requested record in with applicable classification rules. provide an unsworn declaration under whole or in part; (d) When will we respond to your 28 U.S.C. 1746, a law that permits (ii) Denies a request to amend or appeal? The Privacy Act Appeals statements to be made under penalty of correct a record in whole or in part; Committee will notify you of its appeal perjury. To fulfill this requirement, you (iii) Declines to provide an accounting decision in writing within thirty days must include the following statement of disclosures; from the date it receives an appeal that just before the signature on your (iv) Advises that a requested record meets the requirements of paragraph (b) request: does not exist or cannot be located; of this section. We may extend the I declare under penalty of perjury that (v) Finds that what you requested is response time in unusual the foregoing is true and correct. not a record subject to the Privacy Act; circumstances, such as the need to Executed on [date]. or consult with another agency about a (2) How do I verify parentage or (vi) Advises on any disputed fee record or to retrieve a record shipped guardianship? If you make a request as matter. offsite for storage. the parent or guardian of a minor, or as (2) Responses that include an adverse (e) What will our response include? the guardian of someone determined by determination. If the Privacy Act Office The written response will include the a court to be incompetent, for access makes an adverse determination with Committee’s determination whether to records or information about that respect to your request, our written grant or deny your appeal in whole or individual, you must establish: response will identify the person in part, a brief explanation of the (i) The identity of the individual who responsible for the adverse reasons for the determination, and is the subject of the record, by stating determination, that the adverse information about the Privacy Act the individual’s name, current address determination is not a final agency provisions for court review of the and date and place of birth, and, at your action, and that you may appeal the determination. option, the Social Security number of adverse determination under § 2004.24. (1) Appeals concerning access to the individual; records. If your appeal concerns a (ii) Your own identity, as required in § 2004.24 What can I do if I am dissatisfied request for access to records and the with USTR’s response to my Privacy Act appeal is granted in whole or in part, we paragraph (f)(1) of this section; request? (iii) That you are the parent or will make the records, if any, available guardian of the individual, which you (a) What can I appeal? You can appeal to you. may prove by providing a copy of the any adverse determination in writing to (2) Appeals concerning amendments individual’s birth certificate showing our Privacy Act Appeals Committee or corrections. If your appeal concerns your parentage or a court order within thirty calendar days after the amendment or correction of a record, establishing your guardianship; and date of our response. We provide a list the response will describe any (iv) That you are acting on behalf of of adverse determinations in amendment or correction made and the individual in making the request. § 2004.23(c). advise you of your right to obtain a copy (b) How do I make an appeal?—(1) of the amended or corrected record. We § 2004.23 How will USTR respond to my What should I include? You may appeal will notify all persons, organizations or Privacy Act request? by submitting a written statement giving Federal agencies to which we (a) When will we respond to your the reasons why you believe the previously disclosed the record, if an request? We will search to determine if Committee should overturn the adverse accounting of that disclosure was made, the requested records exist in a system determination. Your written appeal may that the record has been amended or of records USTR owns or controls. The include as much or as little related corrected. Whenever the record is Privacy Act Office will respond to you information as you wish to provide, as subsequently disclosed, the record will

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be disclosed as amended or corrected. If disclosures or make available to you § 2004.29 Employee responsibilities under our response denies your request for an records that are exempt. the Privacy Act. amendment or correction to a record, we (b) How do I know if the records or At least annually, the Privacy Act will advise you of your right to file a information I want are exempt? Each Office will inform employees about the statement of disagreement under USTR system of records notice will provisions of the Privacy Act, including paragraph (f) of this section. advise you if we have determined that the Act’s civil liability and criminal (f) Statements of disagreement—(1) records or information in records are penalty provisions. Unless otherwise What is a statement of disagreement? A exempt from Privacy Act requirements. permitted by law, a USTR employee statement of disagreement is a concise If we have claimed an exemption for a must: written statement in which you clearly system of records, the system of records identify each part of any record that you notice will identify the exemption and (a) Collect from individuals only dispute and explain your reason(s) for the provisions of the Privacy Act from information that is relevant and disagreeing with our denial in whole or which the system is exempt. necessary to discharge USTR’s in part of your appeal requesting responsibilities. § 2004.27 How are records secured? amendment or correction. (b) Collect information about an (2) How do I file a statement of (a) Controls. USTR must establish individual directly from that individual disagreement? We must receive your administrative and physical controls to whenever practicable. statement of disagreement within thirty prevent unauthorized access to its systems of records, unauthorized or (c) Inform each individual from whom calendar days of our denial in whole or information is collected of: in part of your appeal concerning inadvertent disclosure of records, and amendment or correction of a record. physical damage to or destruction of (1) The legal authority to collect the information and whether providing it is (3) What will we do with your records. The stringency of these controls mandatory or voluntary; statement of disagreement? We will corresponds to the sensitivity of the place your statement of disagreement in records that the controls protect. At a (2) The principal purpose for which the system(s) of records in which the minimum, the administrative and USTR intends to use the information; physical controls must ensure that: disputed record is maintained. We also (3) The routine uses, i.e., disclosures may append a concise statement of our (1) Records are protected from public view; of records and information contained in reason(s) for denying the request to a system of records without the consent amend or correct the record. Whenever (2) The area in which records are kept is supervised during business hours to of the subject of the record, USTR may the record is subsequently disclosed, the make; and record will be disclosed along with your prevent unauthorized persons from statement of disagreement and our having access to them; (4) The effects on the individual, if explanation, if any. (3) Records are inaccessible to any, of not providing the information. (g) When appeal is required. Before unauthorized persons outside of (d) Ensure that the employee’s office seeking review by a court of an adverse business hours; and does not maintain a system of records determination or denial of a request, (4) Records are not disclosed to without public notice and notify you generally first must submit a timely unauthorized persons or under appropriate officials of the existence or administrative appeal under this unauthorized circumstances in either development of any system of records section. oral or written form. that is not the subject of a current or (b) Limited access. Access to records planned public notice. § 2004.25 What does it cost to get records is restricted only to individuals who (e) Maintain all records that are used under the Privacy Act? require access in order to perform their in making any determination about an official duties. (a) Your request is an agreement to individual with such accuracy, pay fees. We consider your Privacy Act § 2004.28 Use and collection of Social relevance, timeliness and completeness request as your agreement to pay all Security numbers. as is reasonably necessary to ensure applicable fees unless you specify a fairness to the individual in the limit on the amount of fees you agree to We will collect Social Security determination. pay. We will not exceed the specified numbers only when it is necessary and limit without your written agreement. we are authorized to do so. At least (f) Except for disclosures made to an (b) How do we calculate fees? We will annually, the Privacy Act Office will agency or under the FOIA, make charge a fee for duplication of a record inform employees who are authorized to reasonable efforts, prior to under the Privacy Act in the same way collect information that: disseminating any record about an we charge for duplication of records (a) Individuals may not be denied any individual, to ensure that the record is under the FOIA in § 2004.9. There are right, benefit or privilege as a result of accurate, relevant, timely and complete. refusing to provide their Social Security no fees to search for or review records (g) When required by the Privacy Act, numbers, unless the collection is requested under the Privacy Act. maintain an accounting in the specified authorized either by a statute or by a form of all disclosures of records by § 2004.26 Are there any exemptions from regulation issued prior to 1975; and the Privacy Act? USTR to persons, organizations or (b) They must inform individuals who agencies. (a) What is a Privacy Act exemption? are asked to provide their Social The Privacy Act authorizes USTR to Security numbers: (h) Maintain and use records with exempt records or information in a (1) If providing a Social Security care to prevent the unauthorized or system of records from some of the number is mandatory or voluntary; inadvertent disclosure of a record to Privacy Act requirements, if we (2) If any statutory or regulatory anyone. determine that the exemption is authority authorizes collection of a (i) Notify the appropriate official of necessary. With the exception of certain Social Security number; and any record that contains information law enforcement records, we will not (3) The uses that will be made of the that the Privacy Act does not permit provide you with an accounting of Social Security number. USTR to maintain.

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PART 2005—[REMOVED] July 8, 2017: to ensure the safety of the roadways 9:45 a.m. to 1:46 p.m. while passengers are transiting to and ■ 8. Under the authority of 19 U.S.C. 3:46 p.m. to 7:53 p.m. from Cruise Terminal 10, which is used 2171(e)(3), remove part 2005. July 9, 2017: by Norwegian Cruise Line at Port Janice Kaye, 10:24 a.m. to 2:27 p.m. Canaveral. Since the arrival of the cruise ship Norwegian Epic to the Port of Chief Counsel for Administrative Law, Office 4:27 p.m. to 8:27 p.m. of the U.S. Trade Representative. July 15, 2017: Canaveral, massive traffic back-ups have been caused by the drawbridge [FR Doc. 2017–08364 Filed 4–24–17; 8:45 am] 8:17 a.m. to 12:26 p.m. 2:26 p.m. to 6:52 p.m. openings. This deviation allows the BILLING CODE 3290–F7–P July 16, 2017: bridge to not open to navigation during 9:13 a.m. to 1:15 p.m. prime cruise ship passenger loading and 3:15 p.m. to 8:07 p.m. unloading times on Saturdays. DEPARTMENT OF HOMELAND DATES: This deviation is effective from SECURITY The waterway is transited by commercial traffic. The Coast Guard April 25, 2017 until October 23, 2017. Coast Guard notified various companies of the Submit comments by June 26, 2017. commercial oil and barge vessels and ADDRESSES: The docket for this 33 CFR Part 117 they have no objections to the deviation, [USCG–2017–0161] is temporary deviation. Vessels able to available at http://www.regulations.gov. [Docket No. USCG–2017–0292] pass under the bridge in the closed Type the docket number in the Drawbridge Operation Regulation; position may do so at any time. The ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Arthur Kill, Staten Island, NY & bridge will not be able to open for Click on Open Docket Folder on the line Elizabeth, NJ emergencies and there is no immediate associated with this deviation. We alternate route for vessels to pass. encourage you to submit comments AGENCY: Coast Guard, DHS. The Coast Guard will inform the users through the Federal eRulemaking Portal ACTION: Notice of deviation from of the waterways through our Local at http://www.regulations.gov. If your drawbridge regulation. Notice and Broadcast to Mariners of the material cannot be submitted using change in operating schedule for the http://www.regulations.gov, contact Mr. SUMMARY: The Coast Guard has issued a bridge so that vessel operations can Michael Lieberum with the Seventh temporary deviation from the operating arrange their transits to minimize any Coast Guard District Bridge Office; schedule that governs the Arthur Kill impact caused by the temporary telephone 305–415–6744, email (AK) Railroad Bridge across the Arthur deviation. [email protected], for Kill, mile 11.6, at Staten Island, New In accordance with 33 CFR 117.35(e), alternate instructions. York and Elizabeth, New Jersey. This the drawbridge must return to its regular FOR FURTHER INFORMATION CONTACT: If temporary deviation is necessary to operating schedule immediately at the you have questions on this temporary allow the bridge to remain in the closed- end of the effective period of this deviation, call or email Mr. Michael to-navigation position to facilitate temporary deviation. This deviation Lieberum with the Seventh Coast Guard structural inspections. from the operating regulations is District Bridge Office; telephone 305– DATES: This deviation is effective from authorized under 33 CFR 117.35. 415–6744, email 9:45 a.m. on July 8, 2017 to 8:07 p.m. [email protected]. on July 16, 2017. Dated: April 20, 2017. C.J. Bisignano, SUPPLEMENTARY INFORMATION: The ADDRESSES: The docket for this Supervisory Bridge Management Specialist, Canaveral Port Authority, with deviation, [USCG–2017–0292] is concurrence from the bridge owner, available at http://www.regulations.gov. First Coast Guard District. [FR Doc. 2017–08316 Filed 4–24–17; 8:45 am] Florida Department of Transportation Type the docket number in the have requested the Coast Guard ‘‘SEARCH’’ box and click ‘‘SEARCH’’. BILLING CODE 9110–04–P consider changing the regulation of the Click on Open Docket Folder on the line SR401 Bridge across the Canaveral associated with this deviation. DEPARTMENT OF HOMELAND Barge Canal, Port Canaveral, FL to allow FOR FURTHER INFORMATION CONTACT: If SECURITY the bridge to not open to navigation you have questions on this temporary from 11 a.m. to 2 p.m. on Saturdays. deviation, call or email Judy Leung-Yee, Coast Guard The current operating regulation is Project Officer, First Coast Guard under 33 CFR 117.273. The bridge logs District, telephone (212) 514–4330, 33 CFR Part 117 (insert the time period of the reviewed email [email protected]. bridge logs) indicate that, at most, [Docket No. USCG–2017–0161] SUPPLEMENTARY INFORMATION: The approximately nine vessels may be Consolidated Rail Corporation (Conrail), Drawbridge Operation Regulation; affected by establishing this three hour the owner of the bridge, requested a Canaveral Barge Canal, Canaveral, FL bridge closure on Saturdays. The temporary deviation from the normal majority of the opening requests were operating schedule to facilitate AGENCY: Coast Guard, DHS. either at the beginning or end of this structural inspections. The Arthur Kill ACTION: Notice of deviation from closure period; therefore, by adjusting Railroad Bridge across the Arthur Kill, drawbridge regulation with request for their transits slightly there should be a mile 11.6, has a vertical clearance in the comments. negligible overall effect. This deviation closed position of 31 feet at mean high is effective from April 25, 2017 until water and 35 feet at mean low water. SUMMARY: The Coast Guard has issued a October 23, 2017. The Coast Guard will The existing bridge operating temporary deviation from the operating continue to evaluate the impact to regulations are found at 33 CFR 117.702. schedule that governs the SR 401 mariners navigating this area during the Under this temporary deviation, the Drawbridge, mile 5.5 at Port Canaveral, closure periods and has requested Arthur Kill Railroad Bridge shall remain Florida. This deviation is necessary to comments be submitted during the first in the closed position as follows: reduce vehicular traffic congestion and 60 days of this deviation.

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Vessels able to pass through the Dated: April 19, 2017. II. Background Information and bridge in the closed position may do so Barry Dragon, Regulatory History at any time. The bridge will be able to Director, Bridge Branch, Seventh Coast Guard On May 10, 2016, we published a open for emergencies and there is no District. notice of proposed rulemaking (NPRM) immediate alternate route for vessels to [FR Doc. 2017–08260 Filed 4–24–17; 8:45 am] titled Drawbridge Operation Regulation; pass through the bridge in closed BILLING CODE 9110–04–P Atlantic Intracoastal Waterway and positions. The Coast Guard will also Indian Creek, Miami, FL in the Federal inform the users of the waterways Register (81 FR 28795). There we stated through Local and Broadcast Notices to DEPARTMENT OF HOMELAND SECURITY why we issued the NPRM and invited Mariners of the change in operating comments on our proposed regulatory schedule for the bridge so that vessel Coast Guard action related to the East and West 79th operators can arrange their transits to Street Bridges. During the comment minimize any impact caused by the 33 CFR Part 117 period that ended on June 11, 2016, we temporary deviation. received 12 comments. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular [Docket No. USCG–2015–0768] III. Legal Authority and Need for Rule operating schedule immediately at the The Coast Guard is issuing this rule end of the effective period of this RIN 1625–AA09 under authority in 33 U.S.C. 499. The temporary deviation. This deviation East and West 79th Street Bridges Drawbridge Operation Regulation; from the operating regulations is currently open upon request or signal, Atlantic Intracoastal Waterway and authorized under 33 CFR 117.35. pursuant to 33 CFR 117.5, which results Indian Creek, Miami, FL in frequent openings that restrict vehicle Public Participation and Request for traffic during the day, especially during Comments AGENCY: Coast Guard, DHS. ACTION: Final rule. morning and afternoon rush hour traffic. We view public participation as The Florida Department of essential to effective rulemaking, and SUMMARY: The Coast Guard is modifying Transportation (FDOT), the bridge will consider all comments and material the operating schedule that governs the owner, and the City of North Bay Village received during the comment period. West 79th Street Bridge across the requested a change to the current Your comment can help shape the Atlantic Intracoastal Waterway mile operating schedule for both bridges to outcome of this rulemaking. If you 1084.6, Miami, FL and the operating allow for scheduled openings twice an submit a comment, please include the schedule that governs the East 79th hour during peak traffic times. Bridge docket number for this rulemaking, Street Bridge across Miami Beach logs indicate these bridges open up to indicate the specific section of this Channel, Miami, FL. This action will four times an hour or more during peak document to which each comment place the East and West 79th Street travel times, which results in frequent applies, and provide a reason for each Bridges across Miami Beach Channel vehicular traffic disruptions. This suggestion or recommendation. and Atlantic Intracoastal Waterway, regulation would reduce vehicle traffic Miami, FL on a twice an hour opening backups without unreasonably We encourage you to submit schedule between 7 a.m. and 7 p.m., restricting vessel traffic by scheduling comments through the Federal Monday through Friday, except Federal two openings per hour during peak eRulemaking Portal at http:// holidays. This action is intended to traffic times, thereby balancing the www.regulations.gov. If your material reduce vehicular traffic caused by these needs of both modes of transportation. cannot be submitted using http:// bridges opening on demand. www.regulations.gov, contact the person Additionally, other bridges on this section of the Intracoastal Waterway and in the FOR FURTHER INFORMATION DATES: This rule is effective May 25, Miami Channel open two times per CONTACT section of this document for 2017. hour. The scheduled openings will align alternate instructions. ADDRESSES: To view documents the 79th Street bridge openings with mentioned in this preamble as being We accept anonymous comments. All other bridges on the Intracoastal, available in the docket, go to http:// comments received will be posted namely, the Broad Causeway Bridge to www.regulations.gov, type USCG–2015– without change to http:// the North (33 CFR 117.261(mm) and 0768. In the ‘‘SEARCH’’ box and click www.regulations.gov and will include The Venetian Causeway Bridge to the ‘‘SEARCH.’’ Click on Open Docket any personal information you have South (33 CFR 117.261(nn), thereby Folder on the line associated with this provided. For more about privacy and allowing vessels to plan voyages during rulemaking. the docket, you may review a Privacy opening times and vehicles to schedule Act notice regarding the Federal Docket FOR FURTHER INFORMATION CONTACT: If commutes around these openings. Management System in the March 24, you have questions on this rule, call or The East 79th Street Bridge across 2005, issue of the Federal Register (70 e- Mr. Michael Lieberum of the Coast Miami Beach Channel, Miami, FL has a FR 15086). Guard; telephone 305–415–6744, email vertical clearance of 25 feet at mean Documents mentioned in this notice [email protected]. high water (MHW) in the closed to of deviation, and all public comments, SUPPLEMENTARY INFORMATION: navigation position and a horizontal are in our online docket at http:// I. Table of Abbreviations clearance of 60 feet between fenders. www.regulations.gov and can be viewed The West 79th Street Bridge across by following that Web site’s CFR Code of Federal Regulations the Atlantic Intracoastal Waterway mile instructions. Additionally, if you go to DHS Department of Homeland Security FR Federal Register 1084.6, Miami, FL has a vertical the online docket and sign up for email NPRM Notice of proposed rulemaking clearance of 25 feet at MHW in the alerts, you will be notified when Pub. L. Public Law closed to navigation position and a comments are posted or a final rule is § Section horizontal clearance of 90 feet between published. U.S.C. United States Code fenders.

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IV. Discussion of Comments, Changes fields, and governmental jurisdictions 13175, Consultation and Coordination and the Final Rule with populations of less than 50,000. with Indian Tribal Governments, As noted above, the Coast Guard The Coast Guard received no comments because it does not have a substantial received 12 comments to the NPRM from the Small Business Administration direct effect on one or more Indian published on May 10, 2016. All 12 of on this rule. The Coast Guard certifies tribes, on the relationship between the the comments were in favor of changing under 5 U.S.C. 605(b) that this rule will Federal Government and Indian tribes, the existing on-demand schedule to a not have a significant economic impact or on the distribution of power and twice an hour opening schedule from 7 on a substantial number of small responsibilities between the Federal a.m. to 7 p.m. One comment requested entities. While some owners or Government and Indian tribes. If you that this bridge only open when vessels operators of vessels intending to transit believe this rule has implications for are waiting or when there is a request the bridge may be small entities, for the federalism or Indian tribes, please to open. This stipulation is covered by reasons stated in section IV.A above, contact the person listed in the FOR other regulations in 33 CFR part 117 and this rule would not have a significant FURTHER INFORMATION CONTACT section. economic impact on any vessel owner will only open at the designated times E. Unfunded Mandates Reform Act if requested by vessel operators. or operator. This rule will allow the draw of the Under section 213(a) of the Small The Unfunded Mandates Reform Act Business Regulatory Enforcement West 79th Street Bridges, across the of 1995 (2 U.S.C. 1531–1538) requires Fairness Act of 1996 (Pub. L. 104–121), AICW and Indian Creek at Miami, Federal agencies to assess the effects of we want to assist small entities in Florida to open twice an hour, once on their discretionary regulatory actions. In understanding this rule. If the rule the hour and once on the half-hour, particular, the Act addresses actions would affect your small business, Monday through Friday between the that may result in the expenditure by a organization, or governmental hours of 7 a.m. and 7 p.m. During nights State, local, or tribal government, in the jurisdiction and you have questions and weekends and on Federal holidays, aggregate, or by the private sector of concerning its provisions or options for the Bridge would open on signal. This $100,000,000 (adjusted for inflation) or compliance, please contact the person is a significant change from the on- more in any one year. Though this rule listed in the FOR FURTHER INFORMATION demand schedule both bridges were will not result in such an expenditure, CONTACT, above. previously operating on. we do discuss the effects of this rule Small businesses may send comments elsewhere in this preamble V. Regulatory Analyses on the actions of Federal employees We developed this rule after who enforce, or otherwise determine F. Environment considering numerous statutes and compliance with, Federal regulations to Executive orders related to rulemaking. the Small Business and Agriculture We have analyzed this rule under Below we summarize our analyses Regulatory Enforcement Ombudsman Department of Homeland Security based on a number of these statutes and and the Regional Small Business Management Directive 023–01 and Executive orders, and we discuss First Regulatory Fairness Boards. The Commandant Instruction M16475.lD, Amendment rights of protesters. Ombudsman evaluates these actions which guides the Coast Guard in annually and rates each agency’s complying with the National A. Regulatory Planning and Review responsiveness to small business. If you Environmental Policy Act of 1969 Executive Orders 12866 and 13563 wish to comment on actions by (NEPA) (42 U.S.C. 4321–4370f), and direct agencies to assess the costs and employees of the Coast Guard, call 1– have determined that this action is one benefits of available regulatory 888–REG–FAIR (1–888–734–3247). The of a category of actions which do not alternatives and, if regulation is Coast Guard will not retaliate against individually or cumulatively have a necessary, to select regulatory small entities that question or complain significant effect on the human approaches that maximize net benefits. about this rule or any policy or action environment. This rule promulgates the Executive Order 13563 emphasizes the of the Coast Guard. operating regulations or procedures for importance of quantifying both costs drawbridges. This action is categorically and benefits, of reducing costs, of C. Collection of Information excluded from further review, under harmonizing rules, and of promoting This rule calls for no new collection figure 2–1, paragraph (32)(e), of the flexibility. This rule has not been of information under the Paperwork Instruction. designated a ‘‘significant regulatory Reduction Act of 1995 (44 U.S.C. 3501– Under figure 2–1, paragraph (32)(e), of action,’’ under Executive Order 12866. 3520). the Instruction, an environmental Accordingly, it has not been reviewed D. Federalism and Indian Tribal analysis checklist and a categorical by the Office of Management and Government exclusion determination are not Budget. required for this rule. This regulatory action determination A rule has implications for federalism is based on the ability that vessels can under Executive Order 13132, G. Protest Activities still transit the bridge during the Federalism, if it has a substantial direct scheduled opening times. effect on the States, on the relationship The Coast Guard respects the First between the national government and Amendment rights of protesters. B. Impact on Small Entities the States, or on the distribution of Protesters are asked to contact the The Regulatory Flexibility Act of 1980 power and responsibilities among the person listed in the FOR FURTHER (RFA), 5 U.S.C. 601–612, as amended, various levels of government. We have INFORMATION CONTACT section to requires federal agencies to consider the analyzed this rule under that Order and coordinate protest activities so that your potential impact of regulations on small have determined that it is consistent message can be received without entities during rulemaking. The term with the fundamental federalism jeopardizing the safety or security of ‘‘small entities’’ comprises small principles and preemption requirements people, places or vessels. businesses, not-for-profit organizations described in Executive Order 13132. List of Subjects in 33 CFR Part 117 that are independently owned and Also, this rule does not have tribal operated and are not dominant in their implications under Executive Order Bridges.

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For the reasons discussed in the ACTION: Final rule. of the CAA. Section 110(a)(2) lists the preamble, the Coast Guard amends 33 specific infrastructure elements that a CFR part 117 as follows: SUMMARY: The Environmental Protection SIP must contain or satisfy. Agency (EPA) is approving elements of In our proposed rule (PR), the EPA PART 117—DRAWBRIDGE State Implementation Plan (SIP) proposed to approve and take no action OPERATION REGULATIONS revisions from the State of Wyoming to demonstrate the State meets on some infrastructure elements for the ■ 1. The authority citation for part 117 infrastructure requirements of the Clean 2008 Pb, 2008 ozone, 2010 NO2, 2010 continues to read as follows: Air Act (CAA) for the National Ambient SO2 and 2012 PM2.5 NAAQS from the 1 Air Quality Standards (NAAQS) State’s certifications. In this Authority: 33 U.S.C. 499; 33 CFR 1.05–1; rulemaking, we are taking final action to Department of Homeland Security Delegation promulgated for ozone on March 12, No. 0170.1. 2008, lead (Pb) on October 15, 2008, approve infrastructure elements from the State’s certifications. We are also nitrogen dioxide (NO2) on January 22, ■ 2. In § 117.261, add paragraph (mm-1) taking final action to approve new rules 2010, sulfur dioxide (SO2) on June 2, to read as follows: to Wyoming Department of 2010, and fine particulate matter (PM2.5) § 117.261 Atlantic Intracoastal Waterway on December 14, 2012. The EPA is also Environmental Quality General Rules of from St. Marys River to Key Largo. approving SIP revisions the State Practice and Procedure submitted on * * * * * submitted regarding state boards. May 31, 2016, to satisfy requirements of section 110(a)(2)(E)(ii), state boards. (mm-1) West 79th Street Bridge. The DATES: This rule is effective on May 25, draw of the West 79th Street Bridge, at 2017. II. Response to Comments Miami, Florida will open on signal, ADDRESSES: The EPA has established a We received one comment letter from except that from 7 a.m. to 7 p.m. docket for this action under Docket ID the Wyoming Department of Monday through Friday, except Federal No. EPA–R08–OAR–2012–0933. All Environmental Quality (Wyoming DEQ) holidays, the draw need only open on documents in the docket are listed on in support of the EPA’s proposed the hour and half hour. the http://www.regulations.gov Web approval of infrastructure requirements * * * * * site. Although listed in the index, some of the CAA and the state boards ■ information is not publicly available, 3. Add § 117.304 to read as follows: requirement under CAA section 128. e.g., CBI or other information whose § 117.304 Miami Beach Channel. disclosure is restricted by statute. III. Final Action The draw of the East 79th Street Certain other material, such as Bridge, at Miami, Florida will open on copyrighted material, is not placed on For reasons expressed in the proposed signal, except that from 7 a.m. to 7 p.m. the Internet and will be publicly rule, the EPA is taking final action to Monday through Friday, except Federal available only in hard copy form. approve infrastructure elements from holidays, the draw need only open on Publicly available docket materials are the State’s certifications as shown in the hour and half hour. available either electronically through Table 1. Elements we are taking no action on are reflected in Table 2. We Dated: April 19, 2017. http://www.regulations.gov or in hard are also approving new rules to S.A. Buschman, copy at the Air Program, Environmental Protection Agency (EPA), Region 8, Wyoming Department of Environmental Rear Admiral, U.S. Coast Guard, Commander, Quality General Rules of Practice and Seventh Coast Guard District. 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that if at Procedure, Chapter 1, General [FR Doc. 2017–08257 Filed 4–24–17; 8:45 am] all possible, you contact the individual Provisions, section 16 submitted on May BILLING CODE 9110–04–P listed in the FOR FURTHER INFORMATION 31, 2016, to satisfy requirements of CONTACT section to view the hard copy section 110(a)(2)(E)(ii), which pertains of the docket. You may view the hard to the state boards requirement under ENVIRONMENTAL PROTECTION copy of the docket Monday through section 128 (Table 1). AGENCY Friday, 8:00 a.m. to 4:00 p.m., excluding A comprehensive summary of 40 CFR Part 52 federal holidays. infrastructure elements and new rules FOR FURTHER INFORMATION CONTACT: being approved into the Wyoming SIP [EPA–R08–OAR–2012–0933; FRL–9958–35– Abby Fulton, Air Program, U.S. through this final rule action are Region 8] Environmental Protection Agency provided in Table 1 and Table 2. Promulgation of State Implementation (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 1 ‘‘Where an air agency determines that the Plan Revisions; Infrastructure provisions in or referred to by its existing EPA Requirements for the 2008 Lead, 2008 80202–1129, (303) 312–6563, [email protected]. approved SIP are adequate with respect to a given Ozone, 2010 NO2, 2010 SO2, and 2012 infrastructure SIP element (or subelement) even in SUPPLEMENTARY INFORMATION: PM2.5 National Ambient Air Quality light of the promulgation of a new or revised Standards; Wyoming I. Background NAAQS, the air agency may make a SIP submission in the form of a certification.’’ EPA’s ‘‘Guidance on AGENCY: Environmental Protection Infrastructure requirements for SIPs Infrastructure State Implementation Plan (SIP) Agency. are set forth in section 110(a)(1) and (2) Elements under Clean Air Act Sections 110(a)(1) and (2),’’ September 13, 2013, at 7.

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TABLE 1—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS APPROVING

Approving approval

October 12, 2011 submittal—2008 Pb NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). March 6, 2015 submittal—2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). February 6, 2014 submittal—2008 Ozone NAAQS: (A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). January 24, 2014 submittal—2010 NO2 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). June 24, 2016 submittal— 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). May 31, 2016 submittal—New Rules to Wyoming DEQ General Rules of Practice and Procedure, CAA Section 128 Chapter 1, General Provisions, Section 16, Air Program State Implementation Plan.

TABLE 2—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING NO ACTION ON

No action (Revision to be made in separate rulemaking action.)

October 12, 2011 submittal—2008 Pb NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. February 06, 2014 submittal—2008 Ozone NAAQS: (D)(i)(I) prongs 1 and 2, D(i)(II) prongs 3 and 4 and (C) (final action on (D)(i)(II) prong 3 and (C) at 81 FR 70362, Oct. 12, 2016). January 24, 2014 submittal—2010 NO2 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. March 06, 2015 submittal—2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. June 24, 2016 submittal—2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.

IV. Incorporation by Reference • Is not a significant regulatory action be inconsistent with the Clean Air Act; subject to review by the Office of and In this rule, the EPA is finalizing Management and Budget under • Does not provide the EPA with the regulatory text that includes Executive Orders 12866 (58 FR 51735, discretionary authority to address, as incorporation by reference. In October 4, 1993) and 13563 (76 FR 3821, appropriate, disproportionate human accordance with requirements of 1 CFR January 21, 2011); health or environmental effects, using 51.5, the EPA is finalizing the • Does not impose an information practicable and legally permissible incorporation by reference of the collection burden under the provisions methods, under Executive Order 12898 Wyoming DEQ General Rules of Practice of the Paperwork Reduction Act (44 (59 FR 7629, February 16, 1994). and Procedure discussed in section III, U.S.C. 3501 et seq.); In addition, the SIP is not approved Final Action of this preamble. The EPA • Is certified as not having a to apply on any Indian reservation land has made, and will continue to make, significant economic impact on a or in any other area where the EPA or these documents generally available substantial number of small entities an Indian tribe has demonstrated that a electronically through under the Regulatory Flexibility Act (5 tribe has jurisdiction. In those areas of www.regulations.gov and/or in hard U.S.C. 601 et seq.); Indian country, the rule does not have copy at the appropriate EPA office (see • Does not contain any unfunded tribal implications and will not impose the ADDRESSES section of this preamble mandate or significantly or uniquely substantial direct costs on tribal for more information). affect small governments, as described governments or preempt tribal law as V. Statutory and Executive Orders in the Unfunded Mandates Reform Act specified by Executive Order 13175 (65 Review of 1995 (Pub. L. 104–4); FR 67249, November 9, 2000). • Does not have federalism The Congressional Review Act, 5 Under the Clean Air Act, the implications as specified in Executive U.S.C. 801 et seq., as added by the Small Administrator is required to approve a Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement SIP submission that complies with the 1999); Fairness Act of 1996, generally provides provisions of the Act and applicable • Is not an economically significant that before a rule may take effect, the federal regulations. 42 U.S.C. 7410(k); regulatory action based on health or agency promulgating the rule must 40 CFR 52.02(a). Thus, in reviewing SIP safety risks subject to Executive Order submit a rule report, which includes a submissions, the EPA’s role is to 13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the approve state choices, provided that • Is not a significant regulatory action Congress and to the Comptroller General they meet the criteria of the Clean Air subject to Executive Order 13211 (66 FR of the United States. The EPA will Act. Accordingly, this action merely 28355, May 22, 2001); submit a report containing this action approves state law as meeting federal • Is not subject to requirements of and other required information to the requirements and does not impose section 12(d) of the National U.S. Senate, the U.S. House of additional requirements beyond those Technology Transfer and Advancement Representatives, and the Comptroller imposed by state law. For that reason, Act of 1995 (15 U.S.C. 272 note) because General of the United States prior to this action: application of those requirements would publication of the rule in the Federal

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Register. A major rule cannot take effect List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq. until 60 days after it is published in the Environmental protection, Air Subpart ZZ—Wyoming Federal Register. This action is not a pollution control, Carbon monoxide, ‘‘major rule’’ as defined by 5 U.S.C. Greenhouse gases, Incorporation by ■ 2. In § 52.2620: 804(2). reference, Intergovernmental relations, ■ a. The table in paragraph (c) is Under Section 307(b)(1) of the Clean Lead, Nitrogen dioxide, Ozone, amended by: Air Act, petitions for judicial review of Particulate matter, Reporting and ■ i. Adding a centered heading for this action must be filed in the United recordkeeping requirements, Sulfur ‘‘Chapter I. General Rules of Practice States Court of Appeals for the oxides, Volatile organic compounds. and Procedure.’’ at the end of the table; appropriate circuit by June 26, 2017. Authority: 42 U.S.C. 7401 et seq. and ■ Filing a petition for reconsideration by ii. Adding, under the centered Dated: April 11, 2017. heading ‘‘Chapter I. General Rules of the Administrator of this final rule does Debra H. Thomas, not affect the finality of this action for Practice and Procedure.,’’ a table entry Acting Regional Administrator, Region 8. for ‘‘Section 16.’’ the purposes of judicial review nor does ■ b. The table in paragraph (e) is it extend the time within which a 40 CFR part 52 is amended as follows: amended by adding an entry for ‘‘(28) petition for judicial review may be filed, PART 52—APPROVAL AND XXVIII’’ at the end of the table. and shall not postpone the effectiveness PROMULGATION OF The additions read as follows: of such rule or action. This action may IMPLEMENTATION PLANS not be challenged later in proceedings to § 52.2620 Identification of plan. enforce its requirements. (See CAA ■ 1. The authority citation for part 52 * * * * * Section 307(b)(2)). continues to read as follows: (c) * * *

EPA effective Rule No. Rule title State effective date date Final rule citation/date Comments

******* Chapter I. General Rules of Practice and Procedure.

Section 16 .... Air Quality Division, State Im- 4/21/2016 ...... 5/25/2017 [insert Federal Register cita- CAA section plementation Plan. tion], 4/25/2017. 128 Re- quirements.

* * * * * (e) ** *

EPA Effective Rule No. Rule title State effective date date Final rule citation/date Comments

******* (28) XXVIII .... Infrastructure SIP for Section 10/12/2011, 2/6/2014, 1/24/ 5/25/2017 [insert Federal Register cita- 110(a)(2)— 2008 Lead, 2014, 3/6/2015, and 6/24/ tion], 4/25/2017. 2008 Ozone, 2010 NO2, 2016. 2010 SO2, and 2012 PM2.5 NAAQS.

[FR Doc. 2017–08252 Filed 4–24–17; 8:45 am] ACTION: Partial stay of effectiveness of DATES: Certain portions of 40 CFR BILLING CODE 6560–50–P final rule. 52.173(c)(7) and (25), as specified in this document, are administratively stayed SUMMARY: By a letter dated April 14, from April 25, 2017 until July 24, 2017. ENVIRONMENTAL PROTECTION 2017, EPA announced the convening of The addition of 40 CFR 52.173(e) in this AGENCY a proceeding for reconsideration of rule is effective from April 25, 2017, certain requirements in the final rule until July 24, 2017. 40 CFR Part 52 promulgating a Federal Implementation ADDRESSES: The EPA has established a Plan (FIP) for the State of Arkansas docket for this reconsideration [EPA–R06–OAR–2015–0189; FRL–9961–81– addressing regional haze and interstate proceeding under Docket ID No. EPA– Region 6] visibility transport under the Federal R06–OAR–2015–0189. All documents in Clean Air Act (the Act, or CAA). The the docket are available electronically at Promulgation of Air Quality rule was published in the Federal http://www.regulations.gov and in hard Implementation Plans; State of Register on September 27, 2016. The copy at EPA Region 6, 1445 Ross Arkansas; Regional Haze and EPA is administratively staying for 90 Avenue, Suite 700, Dallas, TX 75202– Interstate Visibility Transport Federal days the effectiveness of the rule 2733. To inspect the hard copy Implementation Plan; Partial Stay requirements that are under materials, please schedule an reconsideration. The EPA is adding appointment during normal business AGENCY: Environmental Protection language to the Code of Federal hours with the contact listed in the FOR Agency (EPA). Regulations (CFR) to reflect this stay. FURTHER INFORMATION CONTACT section.

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A reasonable fee may be charged for and 2, and Independence Units 1 and 2. timeframes set out in the final FIP. The copies. Further, based on statements by Entergy EPA intends to propose a future FOR FURTHER INFORMATION CONTACT: regarding the limited future operations rulemaking to extend the deadlines to Barbara Nann, (214) 665–2157; of White Bluff, the EPA also determined account for the period of the stay or to

[email protected]. to grant reconsideration of the SO2 account for another alternative proposal. emission limits for Units 1 and 2 at the List of Subjects in 40 CFR Part 52 SUPPLEMENTARY INFORMATION: facility. We granted reconsideration of I. Background these provisions of the FIP because the Environmental protection, Air grounds for Petitioners’ objections arose pollution control, Best available retrofit On September 27, 2016 (81 FR 66332), after the close of the comment period technology, Incorporation by reference, EPA (‘‘we’’) published a rule titled and are of central relevance to the Intergovernmental relations, Interstate ‘‘Promulgation of Air Quality outcome of the final rule pursuant to transport of pollution, Nitrogen dioxide, Implementation Plans; State of Clean Air Act section 307(d)(7)(B). The Ozone, Particulate matter, Regional Arkansas; Regional Haze and Interstate EPA did not specifically request haze, Reporting and recordkeeping Visibility Transport Federal comment on the 18-month compliance requirements, Sulfur dioxides, Implementation Plan’’ (Arkansas dates for NOX controls in the FIP, and Visibility. Regional Haze FIP or FIP) addressing reconsideration will allow for additional certain requirements of the Regional Dated: April 17, 2017. public comment on these issues. In E. Scott Pruitt, Haze Rule at 40 CFR 51.308 and the addition, new information clarified the CAA regarding interference with other Administrator. intent of Entergy’s comments regarding Title 40, chapter I, of the Code of states’ programs for visibility protection future operations at White Bluff and Federal Regulations is amended as (interstate visibility transport) triggered indicated that reconsideration of the follows: by the issuance of the 1997 ozone SO2 best available retrofit technology National Ambient Air Quality Standards (BART) emission limits based on a PART 52—APPROVAL AND (NAAQS) and the 1997 fine particulate shorter remaining useful life is PROMULGATION OF matter (PM ) NAAQS.1 2.5 warranted. Finally, as we are IMPLEMENTATION PLANS The Arkansas Department of reconsidering the compliance dates for Environmental Quality (ADEQ) the NOX emission limits at ■ 1. The authority citation for part 52 submitted a petition to the EPA dated Independence, we are also continues to read as follows: November 22, 2016, seeking reconsidering the compliance dates for Authority: 42 U.S.C. 7401 et seq. reconsideration and an administrative the SO2 emission limits for stay of specific portions of the final Independence Units 1 and 2 to ensure Subpart E—Arkansas Arkansas Regional Haze FIP pursuant to that the schedule for compliance for section 307(d)(7)(B) of the CAA and these emission limits is coordinated. ■ 2. Amend § 52.173 by adding section 705 of the Administrative The EPA did not take action on the paragraph (e) to read as follows: Procedure Act (APA). Similar petitions remaining issues in the petitions for § 52.173 Visibility protection. were submitted by Entergy Arkansas reconsideration of the Arkansas FIP. A Inc., Entergy Mississippi Inc., and copy of this letter is included in the * * * * * Entergy Power LLC (collectively docket, Docket ID No. EPA–R06–OAR– (e) Paragraphs (c)(7) and (25) of this Entergy) and the Arkansas Electric 2015–0189. section relating to the compliance dates Cooperative Corporation (AECC), We will prepare a notice of proposed for the NOX emission limits for Flint owners of Flint Creek, White Bluff, and rulemaking that will provide ADEQ, Creek Unit 1, White Bluff Units 1 and Independence facilities and the Energy Entergy, AECC, EEAA and the public an 2, and Independence Units 1 and 2, as Environmental Alliance of Arkansas opportunity to comment on the issues well as the compliance dates for the SO2 (EEAA). Under section 307(d)(7)(B) of identified above as well as any other emission limits for White Bluff Units 1 the CAA, the Administrator shall matter we believe will benefit from and 2 and Independence Units 1 and 2, commence a reconsideration proceeding additional comment. are stayed from April 25, 2017 until July if, in the Administrator’s judgment, the 24, 2017, when the stay will II. Partial Stay of Certain Provisions of automatically terminate. petitioner raises an objection to a rule the FIP that was impracticable to raise during [FR Doc. 2017–08253 Filed 4–24–17; 8:45 am] the comment period or if the grounds The EPA hereby issues a 90 day stay BILLING CODE 6560–50–P for the objection arose after the from April 25, 2017 of the effectiveness comment period but within the period of 40 CFR 52.173(c)(7) and (25) with for judicial review. In either case, the regards to the compliance dates for the ENVIRONMENTAL PROTECTION Administrator must also conclude that NOX emission limits for Flint Creek AGENCY the objection is of central relevance to Unit 1, White Bluff Units 1 and 2, and the outcome of the rule. The Independence Units 1 and 2, and the 40 CFR Part 180 Administrator may stay the compliance dates for the SO2 emission limits for White Bluff Units 1 and 2 and [EPA–HQ–OPP–2015–0226; FRL–9961– effectiveness of the rule for up to 90 02] days during such reconsideration. Independence Units 1 and 2. We are amending the Code of Federal In a letter dated April 14, 2017, EPA Benzobicyclon; Pesticide Tolerances announced the convening of a Regulations to reflect this stay. This stay proceeding for reconsideration under does not apply to any other provisions AGENCY: Environmental Protection section 307(d)(7)(B) of the compliance of the rule. If the EPA is unable to Agency (EPA). complete final action on reconsideration dates for the NOX emission limits for ACTION: Final rule. Flint Creek Unit 1, White Bluff Units 1 prior to the conclusion of this stay, we will consider granting a further stay of SUMMARY: This regulation establishes a 1 81 FR 66332; see also 81 FR 68319 (October 4, the rule. This stay, however, does not tolerance for residues of benzobicyclon 2016) (correction). alter or extend the ultimate compliance in or on rice, grain. Gowan Company,

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LLC requested this tolerance under the the Government Printing Office’s e-CFR pesticide petition (PP 5F8343) by Federal Food, Drug, and Cosmetic Act site at http://www.ecfr.gov/cgi-bin/text- Gowan Company, LLC, P.O. Box 5569, (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Yuma, AZ 85366. The petition _ DATES: This regulation is effective April 40tab 02.tpl. requested that 40 CFR part 180 be amended by establishing tolerances for 25, 2017. Objections and requests for C. How can I file an objection or hearing residues of the herbicide benzobicyclon hearings must be received on or before request? (3-[2-chloro-4-(methylsulfonyl)benzoyl]- June 26, 2017, and must be filed in Under FFDCA section 408(g), 21 accordance with the instructions 4-(phenylthio)bicyclo[3.2.1]oct-3-en-2- U.S.C. 346a, any person may file an one), in or on rice, grain and rice, straw provided in 40 CFR part 178 (see also objection to any aspect of this regulation at 0.1 parts per million (ppm). That Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those document referenced a summary of the INFORMATION). objections. You must file your objection petition prepared by Gowan Company, ADDRESSES: The docket for this action, or request a hearing on this regulation LLC, the registrant, which is available in identified by docket identification (ID) in accordance with the instructions the docket (EPA–HQ–OPP–2015–0226), number EPA–HQ–OPP–2015–0226, is provided in 40 CFR part 178. To ensure http://www.regulations.gov. There were available at http://www.regulations.gov proper receipt by EPA, you must no comments received in response to or at the Office of Pesticide Programs identify docket ID number EPA–HQ– the notice of filing. Regulatory Public Docket (OPP Docket) OPP–2015–0226 in the subject line on Based upon review of the data in the Environmental Protection Agency the first page of your submission. All supporting the petition, EPA is not Docket Center (EPA/DC), West William objections and requests for a hearing establishing a tolerance for rice, straw as Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be requested. The reason for this change is Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or explained in Unit IV.C. 20460–0001. The Public Reading Room before June 26, 2017. Addresses for mail III. Aggregate Risk Assessment and is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and Determination of Safety Monday through Friday, excluding legal hearing requests are provided in 40 CFR holidays. The telephone number for the 178.25(b). Section 408(b)(2)(A)(i) of FFDCA Public Reading Room is (202) 566–1744, In addition to filing an objection or allows EPA to establish a tolerance (the and the telephone number for the OPP hearing request with the Hearing Clerk legal limit for a pesticide chemical Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please residue in or on a food) only if EPA the visitor instructions and additional submit a copy of the filing (excluding determines that the tolerance is ‘‘safe.’’ information about the docket available any Confidential Business Information Section 408(b)(2)(A)(ii) of FFDCA at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. defines ‘‘safe’’ to mean that ‘‘there is a reasonable certainty that no harm will FOR FURTHER INFORMATION CONTACT: Information not marked confidential Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be result from aggregate exposure to the (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior pesticide chemical residue, including Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your all anticipated dietary exposures and all Pennsylvania Ave. NW., Washington, objection or hearing request, identified other exposures for which there is DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– reliable information.’’ This includes number: (703) 305–7090; email address: 2015–0226, by one of the following exposure through drinking water and in [email protected]. methods: residential settings, but does not include • Federal eRulemaking Portal: http:// occupational exposure. Section SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online 408(b)(2)(C) of FFDCA requires EPA to I. General Information instructions for submitting comments. give special consideration to exposure of infants and children to the pesticide A. Does this action apply to me? Do not submit electronically any information you consider to be CBI or chemical residue in establishing a You may be potentially affected by other information whose disclosure is tolerance and to ‘‘ensure that there is a this action if you are an agricultural restricted by statute. reasonable certainty that no harm will producer, food manufacturer, or • Mail: OPP Docket, Environmental result to infants and children from pesticide manufacturer. The following Protection Agency Docket Center (EPA/ aggregate exposure to the pesticide list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. chemical residue . . . .’’ Classification System (NAICS) codes is NW., Washington, DC 20460–0001. Consistent with FFDCA section not intended to be exhaustive, but rather • Hand Delivery: To make special 408(b)(2)(D), and the factors specified in provides a guide to help readers arrangements for hand delivery or FFDCA section 408(b)(2)(D), EPA has determine whether this document delivery of boxed information, please reviewed the available scientific data applies to them. Potentially affected follow the instructions at http:// and other relevant information in entities may include: www.epa.gov/dockets/contacts.html. support of this action. EPA has • Crop production (NAICS code 111). Additional instructions on sufficient data to assess the hazards of • Animal production (NAICS code commenting or visiting the docket, and to make a determination on 112). along with more information about aggregate exposure for benzobicyclon • Food manufacturing (NAICS code dockets generally, is available at http:// including exposure resulting from the 311). www.epa.gov/dockets. tolerances established by this action. • Pesticide manufacturing (NAICS EPA’s assessment of exposures and risks II. Summary of Petitioned-For code 32532). associated with benzobicyclon follows. Tolerance B. How can I get electronic access to In the Federal Register of August 26, A. Toxicological Profile other related information? 2015 (80 FR 51759) (FRL–9931–74), EPA has evaluated the available You may access a frequently updated EPA issued a document pursuant to toxicity data and considered its validity, electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. completeness, and reliability as well as regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a the relationship of the results of the

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studies to human risk. EPA has also enzyme in the catabolism of the amino in document Benzobicyclon Human considered available information acid tyrosine and inhibition of HPPD Health Risk Assessment for the Section concerning the variability of the results in an increase of blood tyrosine 3 Registration Action on Rice and the sensitivities of major identifiable concentrations (tyrosinemia). In Establishment of Permanent Tolerances subgroups of consumers, including laboratory animals, as a class, HPPD for Residues in/on Rice at page 36 in infants and children. inhibitors produce ocular (opacities and docket ID number EPA–HQ–OPP–2015– Benzobicyclon has low mammalian keratitis), liver, kidney, and 0226. toxicity with no effects seen in mice, developmental (skeletal abnormalities) B. Toxicological Points of Departure/ dogs, and female rats following oral effects in rats. In a 90-day toxicity study Levels of Concern exposure or in rabbits following dermal in rats with metabolite B, ocular effects exposure. There is no evidence of (neovascularization and opacity of the Once a pesticide’s toxicological neurotoxicity or immunotoxicity. cornea) consistent with tyrosinemia profile is determined, EPA identifies Parental effects in the reproduction were at a similar dose that elicited toxicological points of departure (POD) toxicity study were only observed at the ocular effects for tembotrione, the most and levels of concern to use in highest dose tested and consisted of potent HPPD inhibitor currently evaluating the risk posed by human increased incidence of hydropic registered. The study also demonstrated exposure to the pesticide. For hazards degeneration (basophilic cells) in the that metabolite B induces treatment- that have a threshold below which there pituitaries of male rats only, and was related effects at lower doses than those is no appreciable risk, the toxicological observed at an increased incidence for required to elicit effects for the parent, POD is used as the basis for derivation the F1 as compared to F0 generation. benzobicyclon. For metabolite B, the of reference values for risk assessment. There was no evidence of increased toxicological database does not contain PODs are developed based on a careful quantitative or qualitative fetal or any carcinogenicity studies. Some of the analysis of the doses in each offspring susceptibility in the currently registered HPPD inhibitors toxicological study to determine the developmental toxicity and two- have been shown to cause tumors; dose at which no adverse effects are generation reproduction toxicity studies however, cancer risk estimates tend to observed (the NOAEL) and the lowest in rats with no developmental, be low for this class and the chronic risk dose at which adverse effects of concern reproductive, or offspring effects assessment generally addresses this risk. are identified (the LOAEL). Uncertainty/ observed. Benzobicyclon was A bacterial reverse-mutation assay with safety factors are used in conjunction categorized as having low acute toxicity metabolite B to evaluate genotoxicity with the POD to calculate a safe via the oral, dermal, and inhalation was found to be negative. Due to the exposure level—generally referred to as routes of exposure. It produces minimal incomplete database for metabolite B, a population-adjusted dose (PAD) or a but reversible eye irritation, but is not studies from the tembotrione database reference dose (RfD)—and a safe margin a dermal irritant or dermal sensitizer. were used for preliminary evaluation of of exposure (MOE). For non-threshold Benzobicyclon is classified as ‘‘Not risks from exposure to metabolite B, risks, the Agency assumes that any likely to be Carcinogenic to Humans’’ along with the appropriate database amount of exposure will lead to some based on the absence of treatment- uncertainty factors to ensure the degree of risk. Thus, the Agency related tumors in two adequate rodent tembotrione database is protective for estimates risk in terms of the probability carcinogenicity studies. There was no the proposed use pattern. Any of an occurrence of the adverse effect concern for mutagenicity. expansion in the use of benzobicyclon expected in a lifetime. For more Benzobicyclon rapidly hydrolyzes to would require additional data to further information on the general principles generate the anticipated pesticidal characterize the toxicological effects of EPA uses in risk characterization and a active degradate, the triketone metabolite B. complete description of the risk metabolite B (also referred to as 1315P– Specific information on the studies assessment process, see http:// 070). For metabolite B, a limited amount received and the nature of the adverse www.epa.gov/pesticides/factsheets/ of toxicological data is available. An in effects caused by benzobicyclon and riskassess.htm. vitro enzyme activity assay that was metabolite B as well as the no-observed- A summary of the toxicological submitted indicates that metabolite B is adverse-effect-level (NOAEL) and the endpoints for benzobicyclon and an inhibitor of 4- lowest-observed-adverse-effect-level metabolite B used for human risk hydroxyphenylpyruvate dioxygenase (LOAEL) from the toxicity studies can assessment is shown in Table 1 and (HPPD). In mammals, HPPD is a key be found at http://www.regulations.gov Table 2 of this unit.

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR BENZOBICYCLON FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure and RfD, PAD, LOC for Exposure/scenario uncertainty/safety factors risk assessment Study and toxicological effects

Acute dietary (All popu- No appropriate toxicological effect attributable to a single dose was observed. Therefore, a dose and endpoint lations). were not identified for this risk assessment.

Chronic dietary (All popu- NOAEL = 63.6 mg/kg/day Chronic RfD = 0.636 mg/ Two-Generation Reproduction Toxicity Study (rat). lations). UFA = 10x kg/day. LOAEL = 1,320 mg/kg/day based on increased inci- UFH = 10x dence of hydropic degeneration (basophilic cells) in FQPA SF = 1x cPAD = 0.636 mg/kg/day. the pituitary. Incidental oral Short-term (1 NOAEL = 63.6 mg/kg/day Residential LOC for MOE Two-Generation Reproduction Toxicity Study (rat). to 30 days) and Inter- UFA = 10x <100. LOAEL = 1,320 mg/kg/day based on increased inci- mediate-Term (1–6 UFH = 10x dence of hydropic degeneration (basophilic cells) in months). FQPA SF = 1x the pituitary.

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TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR BENZOBICYCLON FOR USE IN HUMAN HEALTH RISK ASSESSMENT—Continued

Point of departure and RfD, PAD, LOC for Exposure/scenario uncertainty/safety factors risk assessment Study and toxicological effects

Dermal Short-term (1 to 30 No hazard was identified for dermal exposure based on a dermal toxicity study and there was no evidence of in- days) and Intermediate- creased quantitative susceptibility; therefore, a quantitative dermal assessment is not needed. Term (1–6 months).

Inhalation Short-term (1 to Oral NOAEL = 63.6 mg/kg/ Residential LOC for MOE Two-Generation Reproduction Toxicity Study (rat). 30 days) and Intermediate day. = <100. LOAEL = 1,320 mg/kg/day based on increased inci- Term (1–6 months). UFA = 10x dence of hydropic degeneration (basophilic cells) in UFH = 10x the pituitary. FQPA SF = 1x

Cancer (Oral, dermal, inha- Classification: ‘‘Not likely to be Carcinogenic to Humans: based on the absence of treatment-related tumors in two lation). adequate rodent carcinogenicity studies. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies). FQPA SF = Food Quality Protection Act Safety Factor. PAD = population adjusted dose (c = chronic). RfD = reference dose.

TABLE 2—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR METABOLITE B FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure and RfD, PAD, LOC for Exposure/scenario uncertainty/safety factors risk assessment Study and toxicological effects

Acute Dietary (All Popu- LOAEL = 0.8 mg/kg/day .... Acute RfD = 0.00027 mg/ Developmental Neurotoxicity Study for Tembotrione. lations). UFA = 10x kg/day. Offspring NOAEL was not established. Offspring UFH = 10x LOAEL = 0.8 mg/kg/day based on decreased FQPA SF = 30x 1 aPAD = 0.00027 mg/kg/ acoustic startle response on PND 60 (males), and day. brain morphometric changes on PND 75 (males and females). Chronic dietary (All popu- NOAEL = 0.04 mg/kg/day Chronic RfD = 0.00004 Chronic/Carcinogenicity Study (rat) for Tembotrione. lations). UFA = 10x mg/kg/day. LOAEL = 0.79 mg/kg/day based on neovascularization UFH = 10x and edema of the cornea and snow flake-like cor- FQPA SF = 10x 2 cPAD = 0.00004 mg/kg/ neal opacity, unilateral or bilateral keratitis of the day. eye, decreased mean body weight and mean body- weight gain, increased total cholesterol, higher ke- tone levels and lower pH values, higher protein lev- els, increased kidney weight, kidney to body weight and kidney to brain weight ratios, chronic nephropathy and atrophy of the sciatic nerve.

NOAEL = no-observed adverse-effect level. LOAEL = lowest-observed adverse-effect level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies). FQPA SF = FQPA Safety Factor. PAD = population-adjusted dose (a = acute, c = chronic). RfD = reference dose. PND = Postnatal Day 1 The FQPA SF accounts for the database uncertainty factor and the extrapolation of a LOAEL to NOAEL. 2 The FQPA SF accounts for the database uncertainty factor.

C. Exposure Assessment quantitative acute dietary exposure iii. Cancer. Based on the data 1. Dietary exposure from food and assessment is unnecessary. summarized in Unit III.A., EPA has feed uses. In evaluating dietary ii. Chronic exposure. In conducting concluded that benzobicyclon does not exposure to benzobicyclon (parent), the chronic dietary exposure assessment pose a cancer risk to humans. Therefore, EPA considered exposure under the EPA used the food consumption data a dietary exposure assessment for the petitioned-for tolerances. For metabolite from the USDA’s 2003–2008 food purpose of assessing cancer risk is B, there is no anticipated exposure in consumption data from the U.S. unnecessary. food; metabolite B is only a residue of Department of Agriculture’s (USDA’s) iv. Anticipated residue and percent concern in drinking water. EPA assessed National Health and Nutrition crop treated (PCT) information. EPA did dietary exposures from benzobicyclon Examination Survey, What We Eat in not use anticipated residue and/or PCT in food as follows: America, (NHANES/WWEIA). As for information in the dietary assessment i. Acute exposure. Quantitative acute residue levels of parent benzobicyclon for parent benzobicyclon so tolerance dietary exposure and risk assessments in food, EPA incorporated tolerance- level residues and 100% CT were are performed for a food-use pesticide, level residues and 100 percent crop assumed resulting in risk estimates that if a toxicological study has indicated the treated (PCT) for rice. For metabolite B, were less than the LOC to EPA. For possibility of an effect of concern there is no anticipated exposure in food; metabolite B, there is no anticipated occurring as a result of a 1-day or single metabolite B is only a residue of exposure in food; metabolite B is only exposure. No such effects were concern in drinking water therefore a residue of concern in drinking water. identified in the toxicological studies chronic dietary exposure was Because risk estimates for metabolite B for benzobicyclon; therefore, a considered for metabolite B separately. in drinking water exceeded the EPA’s

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LOC, a refined water exposure substances that have a common inhibitor. To account for the lack of assessment was conducted which mechanism of toxicity.’’ data, the acute dietary assessment included a 10% CT assumption, which EPA has not found benzobicyclon to applies a 30X FQPA SF to account for is described in detail in the following share a common mechanism of toxicity extrapolation of a LOAEL to NOAEL section. with any other substances, and and the database uncertainty factor for 2. Dietary exposure from drinking benzobicyclon does not appear to lack of studies. This safety factor is water. The Agency used refined water produce a toxic metabolite produced by considered sufficient given the LOAEL exposure models in the dietary exposure other substances. For the purposes of in the developmental neurotoxicity analysis and risk assessment for this tolerance action, therefore, EPA has study for tembotrione is considered benzobicyclon and metabolite B in assumed that benzobicyclon does not conservative given the minimal changes drinking water. These simulation have a common mechanism of toxicity seen at that dose. The chronic dietary models take into account data on the with other substances. For information assessment applies a 10X FQPA SF to physical, chemical, and fate/transport regarding EPA’s efforts to determine account for the database uncertainty characteristics of benzobicyclon and which chemicals have a common factor for lack of studies. These safety metabolite B. Further information mechanism of toxicity and to evaluate factors will adequately account for any regarding EPA drinking water models the cumulative effects of such potential prenatal and postnatal toxicity used in pesticide exposure assessment chemicals, see EPA’s Web site at https:// and address any residual uncertainty can be found at http://www.epa.gov/ www.epa.gov/pesticide-science-and- concerning the toxicity database. The oppefed1/models/water/index.htm. assessing-pesticide-risks/cumulative- Agency’s assessment of exposure to Modeled estimates of drinking water assessment-risk-pesticides. metabolite B was conducted for concentrations based on the Pesticide in D. Safety Factor for Infants and drinking water only, as there is no Flooded Applications Model (PFAM; Children anticipated exposure in food. The v2.0) were directly entered into the 1. In general. Section 408(b)(2)(C) of modeled drinking water concentrations dietary exposure model. Because no FFDCA provides that EPA shall apply for metabolite B are based on toxicological effect attributable to a an additional tenfold (10X) margin of conservative modeled estimates. single dose was observed for safety for infants and children in the For benzobicyclon, EPA has benzobicyclon, an acute exposure case of threshold effects to account for determined that reliable data show the assessment was not done. Therefore, the prenatal and postnatal toxicity and the safety of infants and children would be acute dietary risk assessment was completeness of the database on toxicity adequately protected if the FQPA SF conducted for metabolite B only (the and exposure unless EPA determines were reduced to 1x SF. That decision is parent benzobicylon rapidly hydrolyzes based on reliable data that a different based on the following findings: to metabolite B) using the water margin of safety will be safe for infants i. The toxicity database for concentration value of 24.8 ppb to and children. This additional margin of benzobicyclon is complete. assess the metabolite B contribution to safety is commonly referred to as the drinking water. For chronic dietary risk FQPA Safety Factor (SF). In applying ii. There is no indication that assessment, the water concentration of this provision, EPA either retains the benzobicyclon is a neurotoxic chemical value 0.0031 ppb was used to assess the default value of 10X, or uses a different and there is no need for a contribution to drinking water for additional safety factor when reliable developmental neurotoxicity study or benzobicyclon and 3.0 ppb for data available to EPA support the choice additional UFs to account for metabolite B. Based on the data of a different factor. neurotoxicity. summarized in Unit III.A., EPA has 2. Prenatal and postnatal sensitivity. iii. There is no evidence that concluded dietary cancer risk concerns For benzobicyclon, there was no benzobicyclon results in increased due to long-term consumption of evidence of increased quantitative or susceptibility in in utero rats or rabbits metabolite B residues are adequately qualitative fetal or offspring in the prenatal developmental studies or addressed by the chronic exposure susceptibility in the developmental analysis using the cPAD. Therefore, a in young rats in the 2-generation toxicity and two-generation reproduction study dietary exposure assessment for the reproduction toxicity studies in rats purpose of assessing cancer risk is with no developmental, reproductive, or iv. There are no residual uncertainties unnecessary. offspring effects observed. For identified in the exposure databases. 3. From non-dietary exposure. The metabolite B, there are no available The dietary food exposure assessments term ‘‘residential exposure’’ is used in toxicity data to evaluate offspring for parent benzobicyclon were this document to refer to non- sensitivity; however, toxicological data performed based on 100% CT and occupational, non-dietary exposure are available from other HPPD tolerance-level residues. For metabolite (e.g., for lawn and garden pest control, inhibitors, including developmental B, there is no anticipated exposure in indoor pest control, termiticides, and toxicity studies in rats and rabbits, two- food; metabolite B is only a residue of flea and tick control on pets). generation reproduction studies in rats, concern in drinking water. Because risk Benzobicyclon is not registered for any and developmental neurotoxicity estimates for metabolite B in drinking specific use patterns that would result studies in rats. All of the selected water exceeded the EPA’s LOC, a in residential exposure. endpoints for risk assessment were refined water exposure assessment was 4. Cumulative effects from substances protective of developmental and conducted which includes a 10% CT with a common mechanism of toxicity. offspring effects and tembotrione assumption. EPA made conservative Section 408(b)(2)(D)(v) of FFDCA provided the most sensitive endpoint. (protective) assumptions in the ground requires that, when considering whether 3. Conclusion. For metabolite B, the and surface water modeling used to to establish, modify, or revoke a database in incomplete. Nevertheless, assess exposure to benzobicyclon and tolerance, the Agency consider sufficient data are available to confirm metabolite B in drinking water. These ‘‘available information’’ concerning the that metabolite B is an HPPD inhibitor, assessments will not underestimate the cumulative effects of a particular which supports utilization of data from exposure and risks posed by pesticide’s residues and ‘‘other tembotrione, the most potent HPPD benzobicyclon or metabolite B.

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E. Aggregate Risks and Determination of would result in intermediate-term C. Revisions to Petitioned-For Safety residential exposure. Intermediate-term Tolerances EPA determines whether acute and risk is assessed based on intermediate- The petitioner requested a tolerance chronic dietary pesticide exposures are term residential exposure plus chronic of 0.01 ppm for rice, straw and rice, safe by comparing aggregate exposure dietary exposure. Because there is no grain. However, based on OCSPP 860 estimates to the acute PAD (aPAD) and intermediate-term residential exposure Guidelines, Table 1 Feedstuffs, rice chronic PAD (cPAD). For linear cancer and chronic dietary exposure has straw is not a regulated food risks, EPA calculates the lifetime already been assessed under the commodity. Therefore, a tolerance for probability of acquiring cancer given the appropriately protective cPAD (which is rice, straw is not needed. estimated aggregate exposure. Short-, at least as protective as the POD used to The registrant has proposed use only intermediate-, and chronic-term risks assess intermediate-term risk), no in California, and has provided residue are evaluated by comparing the further assessment of intermediate-term data for only California. The available estimated aggregate food, water, and risk is necessary, and EPA relies on the residue data for the establishment of a residential exposure to the appropriate chronic dietary risk assessment for tolerance level for residues of PODs to ensure that an adequate MOE evaluating intermediate-term risk for benzobicyclon support a value of 0.01 exists. For metabolite B, the dietary benzobicyclon. ppm in rice, grain. exposure analyses included drinking 5. Aggregate cancer risk for U.S. V. Conclusion water only and there are no uses that population. Based on the lack of would result in residential exposure; evidence of carcinogenicity, Therefore, a tolerance associated with therefore, an aggregate assessment was benzobicyclon is not expected to pose a a regional registration in California is only necessary for the parent, cancer risk to humans. Dietary cancer established for residues of benzobicyclon. risk concerns due to long-term benzobicyclon, in or on rice, grain at 1. Acute risk. An acute aggregate risk consumption of metabolite B residues 0.01 ppm. assessment takes into account acute are adequately addressed by the chronic VI. Statutory and Executive Order exposure estimates from dietary exposure analysis using the cPAD. Reviews consumption of food and drinking 6. Determination of safety. Based on water. No adverse effect resulting from these risk assessments, EPA concludes This action establishes a tolerance a single oral exposure was identified that there is a reasonable certainty that under FFDCA section 408(d) in and no acute dietary endpoint was no harm will result to the general response to a petition submitted to the selected. Therefore, benzobicyclon is population, or to infants and children Agency. The Office of Management and not expected to pose an acute risk. from aggregate exposure to Budget (OMB) has exempted these types 2. Chronic risk. Using the exposure benzobicyclon residues. of actions from review under Executive assumptions described in this unit for IV. Other Considerations Order 12866, entitled ‘‘Regulatory chronic exposure, EPA has concluded Planning and Review’’ (58 FR 51735, that chronic exposure to benzobicyclon A. Analytical Enforcement Methodology October 4, 1993). Because this action from food and water will result in risks Adequate enforcement methodology has been exempted from review under of <1% of the cPAD for all populations. (a liquid chromatography-tandem mass Executive Order 12866, this action is There are no residential uses for spectrometry (LC–MS/MS) method is not subject to Executive Order 13211, benzobicyclon. available to enforce the tolerance entitled ‘‘Actions Concerning 3. Short-term risk. Short-term expression. Regulations That Significantly Affect aggregate exposure takes into account Energy Supply, Distribution, or Use’’ (66 short-term residential exposure plus B. International Residue Limits FR 28355, May 22, 2001) or Executive chronic exposure to food and water In making its tolerance decisions, EPA Order 13045, entitled ‘‘Protection of (considered to be a background seeks to harmonize U.S. tolerances with Children from Environmental Health exposure level). A short-term adverse international standards whenever Risks and Safety Risks’’ (62 FR 19885, effect was identified; however, possible, consistent with U.S. food April 23, 1997). This action does not benzobicyclon is not registered for any safety standards and agricultural contain any information collections use patterns that would result in short- practices. EPA considers the subject to OMB approval under the term residential exposure. Short-term international maximum residue limits Paperwork Reduction Act (PRA) (44 risk is assessed based on short-term (MRLs) established by the Codex U.S.C. 3501 et seq.), nor does it require residential exposure plus chronic Alimentarius Commission (Codex), as any special considerations under dietary exposure. Because there is no required by FFDCA section 408(b)(4). Executive Order 12898, entitled short-term residential exposure and The Codex Alimentarius is a joint ‘‘Federal Actions to Address chronic dietary exposure has already United Nations Food and Agriculture Environmental Justice in Minority been assessed and is appropriately Organization/World Health Populations and Low-Income protective cPAD (which is at least as Organization food standards program, Populations’’ (59 FR 7629, February 16, protective as the POD used to assess and it is recognized as an international 1994). short-term risk); no further assessment food safety standards-setting Since tolerances and exemptions that of short-term risk is necessary. organization in trade agreements to are established on the basis of a petition 4. Intermediate-term risk. which the United States is a party. EPA under FFDCA section 408(d), such as Intermediate-term aggregate exposure may establish a tolerance that is the tolerance in this final rule, do not takes into account intermediate-term different from a Codex MRL; however, require the issuance of a proposed rule, residential exposure plus chronic FFDCA section 408(b)(4) requires that the requirements of the Regulatory exposure to food and water (considered EPA explain the reasons for departing Flexibility Act (RFA) (5 U.S.C. 601 et to be a background exposure level). An from the Codex level. The Codex has not seq.), do not apply. intermediate-term adverse effect was established a MRL for benzobicyclon in This action directly regulates growers, identified; however, benzobicyclon is or on the commodities associated with food processors, food handlers, and food not registered for any use patterns that this rule. retailers, not States or tribes, nor does

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this action alter the relationships or § 180.693 Benzobicyclon; tolerances for ADDRESSES: The docket for this action, distribution of power and residues. identified by docket identification (ID) responsibilities established by Congress (a) General. [Reserved] number EPA–HQ–OPP–2016–0123, is in the preemption provisions of FFDCA (b) Section 18 emergency exemptions. available at http://www.regulations.gov section 408(n)(4). As such, the Agency [Reserved] or at the Office of Pesticide Programs has determined that this action will not (c) Tolerances with regional Regulatory Public Docket (OPP Docket) have a substantial direct effect on States registrations. Tolerances with regional in the Environmental Protection Agency or tribal governments, on the registration, as defined in § 180.1(l), are Docket Center (EPA/DC), EPA West relationship between the national established for residues of the herbicide Bldg., Rm. 3334, 1301 Constitution Ave. government and the States or tribal benzobicyclon, including its metabolites NW., Washington, DC 20460–0001. The governments, or on the distribution of and degradates, in or on the commodity Public Reading Room is open from 8:30 power and responsibilities among the in the table below. Compliance with the a.m. to 4:30 p.m., Monday through various levels of government or between tolerance levels specified below is to be Friday, excluding legal holidays. The the Federal Government and Indian determined by measuring only telephone number for the Public tribes. Thus, the Agency has determined benzobicyclon, 3-[2-chloro-4- Reading Room is (202) 566–1744, and that Executive Order 13132, entitled (methylsulfonyl)benzoyl]-4- the telephone number for the OPP ‘‘Federalism’’ (64 FR 43255, August 10, (phenylthio)bicyclo-[3.2.1]oct-3-en-2- Docket is (703) 305–5805. Please review 1999) and Executive Order 13175, one), in or on the following raw the visitor instructions and additional entitled ‘‘Consultation and Coordination agricultural commodities: information about the docket available with Indian Tribal Governments’’ (65 FR at http://www.epa.gov/dockets. Parts per 67249, November 9, 2000) do not apply Commodity million FOR FURTHER INFORMATION CONTACT: to this action. In addition, this action Michael Goodis, Registration Division does not impose any enforceable duty or Rice, grain ...... 0.01 (7505P), Office of Pesticide Programs, contain any unfunded mandate as Environmental Protection Agency, 1200 described under Title II of the Unfunded (d) Indirect or inadvertent residues. Pennsylvania Ave. NW., Washington, Mandates Reform Act (UMRA) (2 U.S.C. [Reserved] DC 20460–0001; telephone number: 1501 et seq.). [FR Doc. 2017–08357 Filed 4–24–17; 8:45 am] (703) 305–7090; email address: This action does not involve any BILLING CODE 6560–50–P [email protected]. technical standards that would require SUPPLEMENTARY INFORMATION: Agency consideration of voluntary consensus standards pursuant to section ENVIRONMENTAL PROTECTION I. General Information 12(d) of the National Technology AGENCY A. Does this action apply to me? Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). 40 CFR Part 180 You may be potentially affected by this action if you are an agricultural [EPA–HQ–OPP–2016–0123; FRL–9960–61] VII. Congressional Review Act producer, food manufacturer, or Pursuant to the Congressional Review Bacillus simplex strain BU288; pesticide manufacturer. The following Act (5 U.S.C. 801 et seq.), EPA will Exemption From the Requirement of a list of North American Industrial submit a report containing this rule and Tolerance Classification System (NAICS) codes is other required information to the U.S. not intended to be exhaustive, but rather AGENCY: Environmental Protection provides a guide to help readers Senate, the U.S. House of Agency (EPA). Representatives, and the Comptroller determine whether this document ACTION: Final rule. General of the United States prior to applies to them. Potentially affected entities may include: publication of the rule in the Federal SUMMARY: This regulation establishes an • Crop production (NAICS code 111). Register. This action is not a ‘‘major exemption from the requirement of a • Animal production (NAICS code rule’’ as defined by 5 U.S.C. 804(2). tolerance for residues of Bacillus 112). List of Subjects in 40 CFR Part 180 simplex strain BU288 when used as an • Food manufacturing (NAICS code inert ingredient (emulsifier) in pesticide 311). Environmental protection, formulations applied to growing crops • Pesticide manufacturing (NAICS Administrative practice and procedure, and raw agricultural commodities. code 32532). Agricultural commodities, Pesticides BASF Corporation submitted a petition and pests, Reporting and recordkeeping to EPA under the Federal Food, Drug, B. How can I get electronic access to requirements. and Cosmetic Act (FFDCA), requesting other related information? Dated: April 5, 2017, establishment of an exemption from the You may access a frequently updated requirement of a tolerance. This Michael Goodis, electronic version of 40 CFR part 180 regulation eliminates the need to through the Government Printing Director, Registration Division, Office of establish a maximum permissible level Pesticide Programs. Office’s e-CFR site at http:// for residues of Bacillus simplex strain www.ecfr.gov/cgi-bin/text- Therefore, 40 CFR chapter I is BU288 when used in accordance with idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ amended as follows: approved conditions. 40tab_02.tpl. DATES: This regulation is effective April PART 180—[AMENDED] 25, 2017. Objections and requests for C. How can I file an objection or hearing request? ■ 1. The authority citation for part 180 hearings must be received on or before continues to read as follows: June 26, 2017, and must be filed in Under FFDCA section 408(g), 21 accordance with the instructions U.S.C. 346a, any person may file an Authority: 21 U.S.C. 321(q), 346a and 371. provided in 40 CFR part 178 (see also objection to any aspect of this regulation ■ 2. Add § 180.693 to subpart C to read Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those as follows: INFORMATION). objections. You must file your objection

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or request a hearing on this regulation Corporation, the petitioner, which is foreseeable circumstances will pose no in accordance with the instructions available in the docket, http:// appreciable risks to human health. In provided in 40 CFR part 178. To ensure www.regulations.gov. There were no order to determine the risks from proper receipt by EPA, you must comments received in response to the aggregate exposure to pesticide inert identify docket ID number EPA–HQ– notice of filing. ingredients, the Agency considers the OPP–2016–0123 in the subject line on toxicity of the inert in conjunction with III. Inert Ingredient Definition the first page of your submission. All possible exposure to residues of the objections and requests for a hearing Inert ingredients are all ingredients inert ingredient through food, drinking must be in writing, and must be that are not active ingredients as defined water, and through other exposures that received by the Hearing Clerk on or in 40 CFR 153.125 and include, but are occur as a result of pesticide use in before June 26, 2017. Addresses for mail not limited to, the following types of residential settings. If EPA is able to and hand delivery of objections and ingredients (except when they have a determine that a finite tolerance is not hearing requests are provided in 40 CFR pesticidal efficacy of their own): necessary to ensure that there is a 178.25(b). Solvents such as alcohols and reasonable certainty that no harm will In addition to filing an objection or hydrocarbons; surfactants such as result from aggregate exposure to the hearing request with the Hearing Clerk polyoxyethylene polymers and fatty inert ingredient, an exemption from the as described in 40 CFR part 178, please acids; carriers such as clay and requirement of a tolerance may be submit a copy of the filing (excluding diatomaceous earth; thickeners such as established. any Confidential Business Information carrageenan and modified cellulose; Consistent with FFDCA section (CBI)) for inclusion in the public docket. wetting, spreading, and dispersing 408(c)(2)(A), and the factors referenced Information not marked confidential agents; propellants in aerosol in FFDCA section 408(c)(2)(B), EPA has pursuant to 40 CFR part 2 may be dispensers; microencapsulating agents; reviewed the available scientific data disclosed publicly by EPA without prior and emulsifiers. The term ‘‘inert’’ is not and other relevant information in notice. Submit the non-CBI copy of your intended to imply nontoxicity; the support of this action. EPA has objection or hearing request, identified ingredient may or may not be sufficient data to assess the hazards of by docket ID number EPA–HQ–OPP– chemically active. Generally, EPA has and to make a determination on 2016–0123, by one of the following exempted inert ingredients from the aggregate exposure for Bacillus simplex methods: requirement of a tolerance based on the strain BU288, including exposure • Federal eRulemaking Portal: http:// low toxicity of the individual inert resulting from the exemption www.regulations.gov. Follow the online ingredients. established by this action. EPA’s instructions for submitting comments. IV. Aggregate Risk Assessment and assessment of exposures and risks Do not submit electronically any Determination of Safety associated with Bacillus simplex strain information you consider to be CBI or BU288 follows. other information whose disclosure is Section 408(c)(2)(A)(i) of FFDCA restricted by statute. allows EPA to establish an exemption A. Toxicological Profile • Mail: OPP Docket, Environmental from the requirement for a tolerance (the EPA has evaluated the available Protection Agency Docket Center (EPA/ legal limit for a pesticide chemical toxicity data and considered their DC), (28221T), 1200 Pennsylvania Ave. residue in or on a food) only if EPA validity, completeness, and reliability as NW., Washington, DC 20460–0001. determines that the exemption is ‘‘safe.’’ well as the relationship of the results of • Hand Delivery: To make special Section 408(c)(2)(A)(ii) of FFDCA the studies to human risk. EPA has also arrangements for hand delivery or defines ‘‘safe’’ to mean that ‘‘there is a considered available information delivery of boxed information, please reasonable certainty that no harm will concerning the variability of the follow the instructions at http:// result from aggregate exposure to the sensitivities of major identifiable www.epa.gov/dockets/contacts.htm. pesticide chemical residue, including subgroups of consumers, including Additional instructions on commenting all anticipated dietary exposures and all infants and children. Specific or visiting the docket, along with more other exposures for which there is information on the studies received and information about dockets generally, is reliable information.’’ This includes the nature of the adverse effects caused available at http://www.epa.gov/ exposure through drinking water and in by Bacillus simplex strain BU288 as dockets. residential settings, but does not include well as the no-observed-adverse-effect- occupational exposure. Section II. Petition for Exemption level (NOAEL) and the lowest-observed- 408(c)(2)(B) of the FFDCA requires EPA adverse-effect-level (LOAEL) from the In the Federal Register of May 19, to take into account the factors found in toxicity studies are discussed in this 2016 (81 FR 31581) (FRL–9946–02), subparagraphs (b)(2)(C) and (b)(2)(D) in unit. EPA issued a document pursuant to establishing an exemption. Section In an acute oral toxicity study of FFDCA section 408, 21 U.S.C. 346a, 408(b)(2)(C) of FFDCA requires EPA to Bacillus simplex strain BU288 in rats announcing the filing of a pesticide give special consideration to exposure the acute oral Lethal Dose (LD)50 was petition (PP IN–10891) by BASF of infants and children to the pesticide estimated to be greater than 5,000 Corporation, 26 Davis Drive, Research chemical residue in establishing a milligrams/kilogram (mg/kg). Triangle Park, NC 27709. The petition tolerance and to ‘‘ensure that there is a In an acute dermal toxicity study of requested that 40 CFR 180.910 be reasonable certainty that no harm will Bacillus simplex strain BU288 in rats, amended by establishing an exemption result to infants and children from the LD50 was determined to be greater from the requirement of a tolerance for aggregate exposure to the pesticide than 5,050 mg/kg. residues of Bacillus simplex strain chemical residue. . . .’’ In an acute inhalation toxicity study BU288 when used as an inert ingredient EPA establishes exemptions from the of Bacillus simplex strain BU288 in rats, (emulsifier) in pesticide formulations requirement of a tolerance only in those the acute inhalation Lethal applied to growing crops or raw cases where it can be clearly Concentration (LC)50 is greater than 2.14 agricultural commodities after harvest. demonstrated that the risks from mg/Liter (L). That document referenced a summary of aggregate exposure to pesticide In an acute ocular irritation study of the petition prepared by BASF chemical residues under reasonably Bacillus simplex strain BU288 in rats,

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minimal ocular irritation was observed evaluating the risk posed by human surface disinfection on walls, floors, during the 24-hr treatment period, with exposure to the pesticide. For hazards tables). It is possible that Bacillus clearance by 48 hours. that have a threshold below which there simplex strain BU288 may be used as an A primary dermal irritation study was is no appreciable risk, the toxicological inert ingredient in pesticide products conducted for Bacillus simplex strain POD is used as the basis for derivation that may result in residential exposures, BU288 on rabbits. Very slight erythema of reference values for risk assessment. although no residential uses are was observed, with clearance by 24 PODs are developed based on a careful currently proposed. A residential hours. analysis of the doses in each exposure assessment was not conducted In an acute intravenous toxicity and toxicological study to determine the because no endpoint of concern infectivity study with Bacillus simplex dose at which no adverse effects are following a single or repeat dose strain BU288 in rats the test substance observed (the NOAEL) and the lowest exposure was identified in the available Bacillus simplex strain BU288 was dose at which adverse effects of concern studies. determined to be non-toxic at a dose of are identified (the LOAEL). Uncertainty/ 3. Cumulative effects from substances 1.0 x 109 CFU (colony forming units). safety factors are used in conjunction with a common mechanism of toxicity. There are no chronic toxicity studies with the POD to calculate a safe Section 408(b)(2)(D)(v) of FFDCA available for Bacillus simplex strain exposure level—generally referred to as requires that, when considering whether BU288. Bacillus simplex and other a population-adjusted dose (PAD) or a to establish, modify, or revoke a closely related endospore-forming reference dose (RfD) and a safe margin tolerance, the Agency consider Bacillus species are ubiquitous in the of exposure (MOE). For non-threshold ‘‘available information’’ concerning the environment. There are no reports of risks, the Agency assumes that any cumulative effects of a particular any potential human health or amount of exposure will lead to some pesticide’s residues and ‘‘other ecological hazards caused by Bacillus degree of risk. Thus, the Agency substances that have a common simplex strain BU288. estimates risk in terms of the probability mechanism of toxicity.’’ Based on the results of the Tier I of an occurrence of the adverse effect Because Bacillus simplex strain testing, the Agency does not require any expected in a lifetime. [For more BU288 does not have a toxic mode of additional testing on potential information on the general principles action or a mechanism of toxicity, this subchronic or chronic toxicity. The EPA uses in risk characterization and a provision does not apply. absence of acute toxicity or complete description of the risk pathogenicity in laboratory animals D. Safety Factor for Infants and assessment process, see http:// Children indicates that it is unlikely that the www.epa.gov/pesticides/factsheets/ strain produces recognized toxins, riskassess.htm.] 1. In general. Section 408(b)(2)(C) of enzymes, or virulence factors normally Due to the lack of hazard associated FFDCA provides that EPA shall apply associated with mammalian with Bacillus simplex strain BU288 an additional tenfold (10X) margin of invasiveness or toxicity. The results of based on the available data, no points of safety for infants and children in the in vivo toxicity testing identified no departure were identified for assessing case of threshold effects to account for potential human health hazard risk. prenatal and postnatal toxicity and the following oral exposure to Bacillus completeness of the database on toxicity simplex strain BU288. There are no C. Exposure Assessment and exposure unless EPA determines reports of ecological or human health 1. Dietary exposure from food and based on reliable data that a different hazards caused by Bacillus simplex feed uses. In evaluating dietary margin of safety will be safe for infants strain BU288. The absence of acute exposure to Bacillus simplex strain and children. This additional margin of toxicity or pathogenicity in laboratory BU288, EPA considered exposure under safety is commonly referred to as the animals demonstrates the overall benign the proposed exemption from the FQPA Safety Factor (SF). In applying nature of this strain. The acute studies requirement of a tolerance. EPA this provision, EPA either retains the also cover chronic endpoints because assessed dietary exposures from default value of 10X, or uses a different the pathogenicity/infectivity studies are Bacillus simplex strain BU288 in food as additional safety factor when reliable of longer duration, typically at least 21- follows: data available to EPA support the choice days. This longer duration allows for the Acute and chronic dietary of a different factor. expression of possible toxicities assessments take into account exposure Because there are no threshold effects associated with the microbe as well as estimates from dietary consumption of associated with Bacillus simplex strain ensuring that the microbe is recognized food and drinking water. Because no BU288, EPA conducted a qualitative and cleared by the immune system of adverse effects attributable to a single or assessment. As part of that assessment, the exposed rodent. The information repeat exposures to Bacillus simplex the Agency did not use safety factors for provided by the identification of the strain BU288 were seen in the toxicity assessing risk, and no additional safety microbe and its potential hazards, both databases, quantitative dietary risk factor is needed for assessing risk to toxin production and possible clinical assessments are not appropriate. Due to infants and children. Based on an history, along with results of the expected use of Bacillus simplex strain assessment of Bacillus simplex strain infectivity/pathogenicity studies BU288 in pesticide formulations BU288, EPA has concluded that there provide a basis for stating that Bacillus applied to growing crops and raw are no toxicological endpoints of simplex strain BU288 is not expected to agricultural commodities after harvest, concern for the U.S. population, result in any subchronic or chronic, it is reasonable to expect that there will including infants and children. including cancer, toxicity. be some exposure to these substances from their use in pesticide products. E. Aggregate Risks and Determination of B. Toxicological Points of Departure/ 2. From non-dietary exposure. The Safety Levels of Concern term ‘‘residential exposure’’ is used in Based on the available data indicating Once a pesticide’s toxicological this document to refer to non- a lack of toxicity associated with profile is determined, EPA identifies occupational, non-dietary exposure Bacillus simplex strain BU288, EPA toxicological points of departure (POD) (e.g., textiles (clothing and dapers), concludes that there is a reasonable and levels of concern to use in carpets, swimming pools, and hard certainty that no harm will result to the

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general population, or to infants and Reduction Act (PRA) (44 U.S.C. 3501 et This action does not involve any children from aggregate exposure to seq.), nor does it require any special technical standards that would require Bacillus simplex strain BU288 residues. considerations under Executive Order Agency consideration of voluntary 12898, entitled ‘‘Federal Actions to consensus standards pursuant to section V. Analytical Enforcement Methodology Address Environmental Justice in 12(d) of the National Technology An analytical method is not required Minority Populations and Low-Income Transfer and Advancement Act of 1995 for enforcement purposes since the Populations’’ (59 FR 7629, February 16, (NTTAA) (15 U.S.C. 272 note). Agency is establishing an exemption 1994). VIII. Congressional Review Act from the requirement of a tolerance Since tolerances and exemptions that without any numerical limitation. are established on the basis of a petition Pursuant to the Congressional Review VI. Conclusions under FFDCA section 408(d), such as Act (5 U.S.C. 801 et seq.), EPA will the exemption in this final rule, do not submit a report containing this rule and Therefore, an exemption from the require the issuance of a proposed rule, other required information to the U.S. requirement of a tolerance is established the requirements of the Regulatory Senate, the U.S. House of under 40 CFR 180.910 for residues of Flexibility Act (RFA) (5 U.S.C. 601 et Representatives, and the Comptroller Bacillus simplex strain BU288 when seq.), do not apply. General of the United States prior to used as an inert ingredient (emulsifier) publication of the rule in the Federal in pesticide formulations applied to This final rule directly regulates Register. This action is not a ‘‘major growing crops and raw agricultural growers, food processors, food handlers, rule’’ as defined by 5 U.S.C. 804(2). commodities after harvest. and food retailers, not States or tribes, nor does this action alter the List of Subjects in 40 CFR Part 180 VII. Statutory and Executive Order relationships or distribution of power Reviews and responsibilities established by Environmental protection, This final rule establishes an Congress in the preemption provisions Administrative practice and procedure, exemption from the requirement of a of FFDCA section 408(n)(4). As such, Agricultural commodities, Pesticides tolerance under FFDCA section 408(d) the Agency has determined that this and pests, Reporting and recordkeeping in response to a petition submitted to action will not have a substantial direct requirements. the Agency. The Office of Management effect on States or tribal governments, Dated: March 28, 2017. and Budget (OMB) has exempted these on the relationship between the national Michael Goodis, government and the States or tribal types of actions from review under Director, Registration Division, Office of Executive Order 12866, entitled governments, or on the distribution of Pesticide Programs. ‘‘Regulatory Planning and Review’’ (58 power and responsibilities among the FR 51735, October 4, 1993). Because various levels of government or between Therefore, 40 CFR chapter I is this final rule has been exempted from the Federal Government and Indian amended as follows: review under Executive Order 12866, tribes. Thus, the Agency has determined this final rule is not subject to Executive that Executive Order 13132, entitled PART 180—[AMENDED] Order 13211, entitled ‘‘Actions ‘‘Federalism’’ (64 FR 43255, August 10, ■ Concerning Regulations That 1999) and Executive Order 13175, 1. The authority citation for part 180 Significantly Affect Energy Supply, entitled ‘‘Consultation and Coordination continues to read as follows: Distribution, or Use’’ (66 FR 28355, May with Indian Tribal Governments’’ (65 FR Authority: 21 U.S.C. 321(q), 346a and 371. 22, 2001) or Executive Order 13045, 67249, November 9, 2000) do not apply ■ entitled ‘‘Protection of Children from to this final rule. In addition, this final 2. In § 180.910, alphabetically add the Environmental Health Risks and Safety rule does not impose any enforceable following inert ingredient to the table to Risks’’ (62 FR 19885, April 23, 1997). duty or contain any unfunded mandate read as follows: This final rule does not contain any as described under Title II of the § 180.910 Inert ingredients used pre- and information collections subject to OMB Unfunded Mandates Reform Act of 1995 post-harvest; exemptions from the approval under the Paperwork (UMRA) (2 U.S.C. 1501 et seq.). requirement of a tolerance.

Inert ingredients Limits Uses

******* Bacillus simplex strain BU288 ...... Emulsifier.

*******

[FR Doc. 2017–08249 Filed 4–24–17; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Sections 301, 304, 306, 307, 308, 402, plants such that additional technologies AGENCY and 501 of the CWA (33 U.S.C. 1311, beyond EPA’s model technology will be 1314, 1316, 1317, 1318, 1342, and needed to achieve the limits.’’ EPA 40 CFR Part 423 1361). The amendments addressed and wishes to review these data. contained limitations and standards on [EPA–HQ–OW–2009–0819; FRL–9961–67– In an April 12, 2017 letter to those various wastestreams at steam electric OW] who submitted the reconsideration power plants: Fly ash transport water, petitions, the Administrator announced RIN 2040–AF14 bottom ash transport water, flue gas mercury control wastewater, flue gas his decision to reconsider the Rule (a Postponement of Certain Compliance desulfurization (‘‘FGD’’) wastewater, copy of this letter is included in the Dates for Effluent Limitations gasification wastewater, and combustion docket for the Rule). As explained in Guidelines and Standards for the residual leachate. Collectively, this that letter, after considering the Steam Electric Power Generating Point rulemaking is known as the ‘‘Effluent objections raised in the reconsideration Source Category Limitations Guidelines and Standards petitions, the Administrator determined for the Steam Electric Power Generating that it is appropriate and in the public AGENCY: Environmental Protection Point Source Category’’ (‘‘Rule’’). For interest to reconsider the Rule. Under Agency (EPA). further information on the Rule, see 80 Section 705 of the APA ACTION: Notification; postponement of FR 67838 (Nov. 3, 2015). (‘‘Administrative Procedure Act’’), 5 compliance dates. EPA received seven petitions for U.S.C. 705, and when justice so review of the Rule. The United States SUMMARY: By a letter dated April 12, requires, an Agency may postpone the Judicial Panel on Multi-District 2017, the Administrator announced the effective date of action taken by it Litigation issued an order on December EPA decision to reconsider the final rule pending judicial review. The earliest 8, 2015, consolidating all of the that amends the effluent limitations compliance dates for the new, and more petitions in the U.S. Court of Appeals guidelines and standards for the steam stringent, best available technology for the Fifth Circuit. Petitioners have electric point source category under the economically achievable effluent filed their briefs, and EPA’s brief is Clean Water Act (‘‘CWA’’), published in limitations and pretreatment standards currently due by May 4, 2017. is November 1, 2018, for each of the the Federal Register on November 3, In a letter dated March 24, 2017, the 2015. These regulations have been Utility Water Act Group (‘‘UWAG’’) 1 following wastestreams: Fly ash challenged in the U.S. Court of Appeals submitted a petition for reconsideration transport water, bottom ash transport for the Fifth Circuit, Southwestern of the Rule and requested that EPA water, flue gas desulfurization Electric Power Co., et al. v. EPA, No. 15– suspend the Rule’s approaching wastewater, flue gas mercury control 60821. The EPA is postponing these deadlines. In a letter dated April 5, wastewater, and gasification compliance dates pending judicial 2017, the Small Business wastewater. These dates have not yet review. Administration Office of Advocacy also passed, and they are within the meaning DATES: April 25, 2017. petitioned the EPA for reconsideration of the term ‘‘effective date’’ as that term ADDRESSES: EPA has established a of the Rule. The petitions raise wide- is used in Section 705 of the APA. In docket for the Rule amending 40 CFR ranging and sweeping objections to the light of the capital expenditures that part 423 under Docket ID No. EPA–HQ– Rule, some of which overlap with the facilities incurring costs under the Rule OW–2009–0819. All documents in the claims in the ongoing litigation will need to undertake in order to meet docket are listed on the http:// challenging the Rule in the U.S. Court the compliance deadlines for the new, www.regulations.gov Web site. of Appeals for the Fifth Circuit.2 The more stringent limitations and standards FOR FURTHER INFORMATION CONTACT: For UWAG petition also points to new data, in the Rule—which are as early as technical information, contact Ronald claiming that plants burning November 1, 2018, for direct dischargers Jordan, United States Environmental subbituminous and bituminous coal and by November 1, 2018, for indirect Protection Agency, Engineering and cannot comply with the Rule’s dischargers—the Agency finds that Analysis Division; telephone number: limitations and standards for FGD justice requires it to postpone the (202) 564–1003; email address: wastewater through use of EPA’s model compliance dates of the Rule that have [email protected]. For information technology. The UWAG petition says not yet passed, pending judicial review. related to NPDES permitting of these that a pilot study has been conducted at See 80 FR 67838, 67863–67868 (Nov. 3, facilities, contact Sean Ramach at (202) the Pleasant Prairie plant that supports 2015) (discussion of costs of the Rule). petitioner’s request, and that a final 564–2865, email address: ramach.sean@ This will preserve the regulatory status report on the pilot study ‘‘is likely to epa.gov. quo with respect to wastestreams [be] publish[ed] . . . within the next Electronic copies of this document subject to the Rule’s new, and more and related materials are available on few weeks.’’ Moreover, the petitions say that new data have been collected by stringent, limitations and standards, EPA’s Web site at https://www.epa.gov/ while the litigation is pending and the eg/steam-electric-power-generating- American Electric Power that ‘‘illustrate[ ] that variability in reconsideration is underway. While effluent-guidelines-2015-final-rule. EPA is not making any concession of Copies of this notification are also wastewater management can also impact performance at bituminous error with respect to the rulemaking, the available at http://www.regulations.gov. far-ranging issues contained in the SUPPLEMENTARY INFORMATION: 1 UWAG is a voluntary, ad hoc, unincorporated reconsideration petitions warrant I. Background group of 163 individual energy companies and careful and considerate review of the three national trade associations of energy Rule. EPA will also file a motion On November 3, 2015, the EPA issued companies: Edison Electric Institute, the National requesting the Fifth Circuit to hold the a final rule amending 40 CFR part 423, Rural Electric Cooperative Association, and the American Public Power Association. litigation challenging the Rule in the effluent limitations guidelines and 2 A copy of each petition is included in the docket abeyance while the Agency reconsiders standards for the steam electric power for this rule, Docket ID No. EPA–HQ–OW–2009– generating point source category, under 0819. the Rule, after which it will inform the

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Court of any portions of the Rule for that have not yet passed contained in List of Subjects in 40 CFR Part 423 which it seeks a remand so that it can the following sections of the Effluent conduct further rulemaking. Separately, Guidelines and Standards for the Steam Environmental protection, Electric EPA intends to conduct notice and Electric Power Generating Point Source power generation, Power plants, Waste comment rulemaking to stay the Category under Section 705 of the APA treatment and disposal, Water pollution compliance deadlines for the new, more pending judicial review: 40 CFR control. stringent limitations and standards in 423.11(t), 423.13(g)(1)(i), (h)(1)(i), Dated: April 12, 2017. the Rule. (i)(1)(i), (j)(1)(i), and (k)(1)(i), and E. Scott Pruitt, II. Postponement of Compliance Dates 423.16(e), (f), (g), (h), and (i). Administrator. The EPA hereby issues a [FR Doc. 2017–07811 Filed 4–24–17; 8:45 am] postponement of the compliance dates BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 82, No. 78

Tuesday, April 25, 2017

This section of the FEDERAL REGISTER telephone: 202–267–8783. The Order is acknowledge receipt of their comments contains notices to the public of the proposed also available for inspection at the on this notice must submit with those issuance of rules and regulations. The National Archives and Records comments a self-addressed, stamped purpose of these notices is to give interested Administration (NARA). For postcard on which the following persons an opportunity to participate in the information on the availability of FAA statement is made: ‘‘Comments to rule making prior to the adoption of the final rules. Order 7400.11A at NARA, call 202–741– Docket No. FAA–2016–0209/Airspace 6030, or go to http://www.archives.gov/ Docket No. 17–AGL–9.’’ The postcard federal_register/code_of_federal- will be date/time stamped and returned DEPARTMENT OF TRANSPORTATION regulations/ibr_locations.html. to the commenter. FAA Order 7400.11, Airspace Availability of NPRMs Federal Aviation Administration Designations and Reporting Points, is published yearly and effective on An electronic copy of this document 14 CFR Part 71 September 15. may be downloaded through the Internet at http://www.regulations.gov. [Docket No. FAA–2017–0209; Airspace FOR FURTHER INFORMATION CONTACT: Docket No. 17–AGL–9] Jeffrey Claypool, Federal Aviation Recently published rulemaking Administration, Operations Support documents can also be accessed through Proposed Revocation of Class E Group, Central Service Center, 10101 the FAA’s Web page at http:// Airspace; Eaton Rapids, MI Hillwood Parkway, Fort Worth, TX www.faa.gov/air_traffic/publications/ 76177; telephone (817) 222–5711. airspace_amendments/. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: You may review the public docket Administration (FAA), DOT. containing the proposal, any comments ACTION: Notice of proposed rulemaking Authority for This Rulemaking received, and any final disposition in (NPRM). The FAA’s authority to issue rules person in the Dockets Office (see the regarding aviation safety is found in ADDRESSES section for the address and SUMMARY: This action proposes to Title 49 of the United States Code. phone number) between 9:00 a.m. and remove Class E airspace extending Subtitle I, Section 106 describes the 5:00 p.m., Monday through Friday, upward from 700 feet above the surface authority of the FAA Administrator. except federal holidays. An informal at Skyway Estates Airport, Eaton Subtitle VII, Aviation Programs, docket may also be examined during Rapids, MI. The cancellation of the describes in more detail the scope of the normal business hours at the Federal standard instrument approach agency’s authority. This rulemaking is Aviation Administration, Air Traffic procedures at the airport has resulted in promulgated under the authority Organization, Central Service Center, the airspace no longer being required. described in Subtitle VII, Part A, Operations Support Group, 10101 DATES: Comments must be received on Subpart I, Section 40103. Under that Hillwood Parkway, Fort Worth, TX or before June 9, 2017. section, the FAA is charged with 76177. ADDRESSES: Send comments on this prescribing regulations to assign the use Availability and Summary of proposal to the U.S. Department of of airspace necessary to ensure the Documents Proposed for Incorporation Transportation, Docket Operations, safety of aircraft and the efficient use of by Reference West Building Ground Floor, Room airspace. This regulation is within the W12–140, 1200 New Jersey Avenue SE., scope of that authority as it would This document proposes to amend Washington, DC 20590; telephone (202) remove Class E airspace extending FAA Order 7400.11A, Airspace 366–9826, or 1–800–647–5527. You upward from 700 feet above the surface Designations and Reporting Points, must identify FAA Docket No. FAA– at Skyway Estates Airport, Eaton dated August 3, 2016, and effective 2017–0209; Airspace Docket No. 17– Rapids, MI. September 15, 2016. FAA Order AGL–9, at the beginning of your 7400.11A is publicly available as listed comments. You may also submit Comments Invited in the ADDRESSES section of this comments through the Internet at http:// Interested parties are invited to document. FAA Order 7400.11A lists www.regulations.gov. You may review participate in this proposed rulemaking Class A, B, C, D, and E airspace areas, the public docket containing the by submitting such written data, views, air traffic service routes, and reporting proposal, any comments received, and or arguments, as they may desire. points. any final disposition in person in the Comments that provide the factual basis The Proposal Dockets Office between 9:00 a.m. and supporting the views and suggestions 5:00 p.m., Monday through Friday, presented are particularly helpful in The FAA is proposing an amendment except Federal holidays. developing reasoned regulatory to Title 14 Code of Federal Regulations FAA Order 7400.11A, Airspace decisions on the proposal. Comments (14 CFR) part 71 by removing Class E Designations and Reporting Points, and are specifically invited on the overall airspace extending upward from 700 subsequent amendments can be viewed regulatory, aeronautical, economic, feet above the surface at Skyway Estates online at http://www.faa.gov/air_traffic/ environmental, and energy-related Airport, Eaton Rapids, MI. publications/. For further information, aspects of the proposal. Airspace reconfiguration is necessary you can contact the Airspace Policy Communications should identify both due to the cancellation of the standard Group, Federal Aviation docket numbers and be submitted in instrument approach procedures at the Administration, 800 Independence triplicate to the address listed above. airport as the airspace is no longer being Avenue SW., Washington, DC 20591; Commenters wishing the FAA to required in compliance with FAA Order

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JO 7400.2K, Procedures for Handling Points, dated August 3, 2016, and FAA Order 7400.11A, Airspace Airspace Matters. effective September 15, 2016, is Designations and Reporting Points, and Class E airspace designations are amended as follows: subsequent amendments can be viewed published in paragraph 6005 of FAA on line at http://www.faa.gov/air_ Paragraph 6005 Class E Airspace Areas Order 7400.11A, dated August 3, 2016, Extending Upward From 700 Feet or More traffic/publications/. For further and effective September 15, 2016, which Above the Surface of the Earth. information, you can contact the is incorporated by reference in 14 CFR Airspace Policy Group, Federal Aviation * * * * * 71.1. The Class E airspace designations Administration, 800 Independence listed in this document will be AGL MI E5 Eaton Rapids, MI [Removed] Avenue SW., Washington, DC 20591; published subsequently in the Order. telephone: 202–267–8783. The Order is Issued in Fort Worth, Texas, on April 17, Regulatory Notices and Analyses 2017. also available for inspection at the National Archives and Records Walter Tweedy, The FAA has determined that this Administration (NARA). For regulation only involves an established Acting Manager, Operations Support Group, information on the availability of FAA body of technical regulations for which ATO Central Service Center. Order 7400.11A at NARA, call 202–741– frequent and routine amendments are [FR Doc. 2017–08240 Filed 4–24–17; 8:45 am] 6030, or go to http://www.archives.gov/ necessary to keep them operationally BILLING CODE 4910–13–P federal_register/code_of_federal- current, is non-controversial and regulations/ibr_locations.html. unlikely to result in adverse or negative FAA Order 7400.11, Airspace comments. It, therefore: (1) Is not a DEPARTMENT OF TRANSPORTATION Designations and Reporting Points, is ‘‘significant regulatory action’’ under published yearly and effective on Federal Aviation Administration Executive Order 12866; (2) is not a September 15. ‘‘significant rule’’ under DOT 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: John Regulatory Policies and Procedures (44 Fornito, Operations Support Group, FR 11034; February 26, 1979); and (3) Eastern Service Center, Federal Aviation does not warrant preparation of a [Docket No. FAA–2016–9488; Airspace Docket No. 16–ASO–18] Administration, P.O. Box 20636, regulatory evaluation as the anticipated Atlanta, Georgia 30320; telephone 404 impact is so minimal. Since this is a Proposed Amendment of Class E 305–6364. routine matter that will only affect air Airspace; Albany, GA SUPPLEMENTARY INFORMATION: traffic procedures and air navigation, it is certified that this rule, when AGENCY: Federal Aviation Authority for This Rulemaking promulgated, would not have a Administration (FAA), DOT. The FAA’s authority to issue rules significant economic impact on a ACTION: Notice of proposed rulemaking regarding aviation safety is found in substantial number of small entities (NPRM). Title 49 of the United States Code. under the criteria of the Regulatory Subtitle I, Section 106 describes the Flexibility Act. SUMMARY: This action proposes to authority of the FAA Administrator. Environmental Review amend Class E airspace at Albany, GA, Subtitle VII, Aviation Programs, by removing the Notice to Airmen describes in more detail the scope of the This proposal will be subject to an (NOTAM) part-time status of the Class agency’s authority. This rulemaking is environmental analysis in accordance E airspace designated as an extension to promulgated under the authority with FAA Order 1050.1F, Class D airspace, at Southwest Georgia described in Subtitle VII, Part A, ‘‘Environmental Impacts: Policies and Regional Airport. This action would Subpart I, Section 40103. Under that Procedures’’ prior to any FAA final amend differences between the section, the FAA is charged with regulatory action. descriptions of Class D airspace and prescribing regulations to assign the use List of Subjects in 14 CFR Part 71 Class E surface areas and their of airspace necessary to ensure the associated Class E surface area safety of aircraft and the efficient use of Airspace, Incorporation by reference, extensions. airspace. This regulation is within the Navigation (air). scope of that authority as it would DATES: Comments must be received on amend Class E airspace designated as an The Proposed Amendment or before June 9, 2017. extension to Class D airspace at Accordingly, pursuant to the ADDRESSES: Send comments on this authority delegated to me, the Federal Southwest Georgia Regional Airport, proposal to: U.S. Department of Albany, GA. Aviation Administration proposes to Transportation, Docket Operations, 1200 amend 14 CFR part 71 as follows: New Jersey Avenue SE., West Bldg. Comments Invited Ground Floor, Rm. W12–140, PART 71—DESIGNATION OF CLASS A, Interested persons are invited to Washington, DC 20590; Telephone: 1– B, C, D, AND E AIRSPACE AREAS; AIR comment on this rule by submitting 800–647–5527, or 202–366–9826. You TRAFFIC SERVICE ROUTES; AND such written data, views, or arguments, must identify the Docket No. FAA– REPORTING POINTS as they may desire. Comments that 2016–9488; Airspace Docket No. 16– provide the factual basis supporting the ■ 1. The authority citation for 14 CFR ASO–18, at the beginning of your views and suggestions presented are part 71 continues to read as follows: comments. You may also submit and particularly helpful in developing review received comments through the reasoned regulatory decisions on the Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Internet at http://www.regulations.gov. proposal. Comments are specifically 1959–1963 Comp., p. 389. You may review the public docket invited on the overall regulatory, containing the proposal, any comments aeronautical, economic, environmental, § 71.1 [Amended] received, and any final disposition in and energy-related aspects of the ■ 2. The incorporation by reference in person in the Dockets Office between proposal. 14 CFR 71.1 of FAA Order 7400.11A, 9:00 a.m. and 5:00 p.m., Monday Communications should identify both Airspace Designations and Reporting through Friday, except Federal holidays. docket numbers and be submitted in

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triplicate to the address listed above. The Proposal PART 71—DESIGNATION OF CLASS A, You may also submit comments through B, C, D, AND E AIRSPACE AREAS; AIR the Internet at http:// The FAA is considering an TRAFFIC SERVICE ROUTES; AND www.regulations.gov. amendment to Title 14, Code of Federal REPORTING POINTS Regulations (14 CFR) part 71 by Persons wishing the FAA to removing the NOTAM part-time status ■ 1. The authority citation for part 71 acknowledge receipt of their comments of the Class E airspace designated as an continues to read as follows: on this action must submit with those extension to a Class D surface area at Authority: 49 U.S.C. 106(f), 106(g); 40103, comments a self-addressed stamped Southwest Georgia Regional Airport, postcard on which the following 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Albany, GA. This action would bring 1959–1963 Comp., p. 389. statement is made: ‘‘Comments to the airspace description for the airport Docket No. FAA–2016–9488; Airspace listed in FAA Order 7400.11A in line § 71.1 [Amended] Docket No. 16–ASO–18.’’ The postcard with the airspace hours listed in the ■ 2. The incorporation by reference in will be date/time stamped and returned applicable Chart Supplement 14 CFR 71.1 of Federal Aviation to the commenter. (previously called Airport/Facility Administration Order 7400.11A, All communications received before Directory). Airspace Designations and Reporting Points, dated August 3, 2016, effective the specified closing date for comments Class E airspace designations are will be considered before taking action September 15, 2016, is amended as published in Paragraphs 6004 of FAA on the proposed rule. The proposal follows: Order 7400.11A, dated August 3, 2016, contained in this notice may be changed and effective September 15, 2016, which Paragraph 6004 Class E Airspace in light of the comments received. A is incorporated by reference in 14 CFR Designated as an Extension to a Class D report summarizing each substantive 71.1. The Class E airspace designation Surface Area. public contact with FAA personnel listed in this document will be * * * * * concerned with this rulemaking will be published subsequently in the Order. filed in the docket. ASO GA E4 Albany-Southwest Georgia Regional Airport, GA [Amended] Regulatory Notices and Analyses Availability of NPRMs Southwest Georgia Regional Airport, GA The FAA has determined that this (Lat. 31°32′08″ N., long. 84°11′40″ W.) An electronic copy of this document proposed regulation only involves an Pecan VORTAC may be downloaded from and ° ′ ″ ° ′ ″ established body of technical (Lat. 31 39 19 N., long. 84 17 35 W.) comments submitted through http:// regulations for which frequent and That airspace extending upward from the www.regulations.gov. Recently routine amendments are necessary to surface within 1.3 miles each side of Pecan published rulemaking documents can VORTAC 143° radial, extending from the 4.2- also be accessed through the FAA’s Web keep them operationally current. It, mile radius of Southwest Georgia Regional page at http://www.faa.gov/airports_ therefore: (1) Is not a ‘‘significant Airport to 1 mile southeast of the VORTAC. regulatory action’’ under Executive airtraffic/air_traffic/publications/ Issued in College Park, Georgia, on April 4, airspace_amendments/. Order 12866; (2) is not a ‘‘significant 2017. rule’’ under DOT Regulatory Policies Ryan W. Almasy, You may review the public docket and Procedures (44 FR 11034; February containing the proposal, any comments Manager, Operations Support Group, Eastern 26, 1979); and (3) does not warrant Service Center, Air Traffic Organization. received, and any final disposition in preparation of a Regulatory Evaluation [FR Doc. 2017–08238 Filed 4–24–17; 8:45 am] person in the Dockets Office (see the as the anticipated impact is so minimal. ADDRESSES section for address and Since this is a routine matter that will BILLING CODE 4910–13–P phone number) between 9:00 a.m. and only affect air traffic procedures and air 5:00 p.m., Monday through Friday, navigation, it is certified that this except Federal Holidays. An informal proposed rule, when promulgated, will FEDERAL TRADE COMMISSION docket may also be examined between not have a significant economic impact 16 CFR Part 312 8:00 a.m. and 4:30 p.m., Monday on a substantial number of small entities through Friday, except Federal Holidays under the criteria of the Regulatory RIN 3084–AB20 at the office of the Eastern Service Flexibility Act. Center, Federal Aviation Children’s Online Privacy Protection Administration, Room 350, 1701 Environmental Review Rule Safe Harbor Proposed Self- Columbia Avenue, College Park, Georgia Regulatory Guidelines; TRUSTe 30337. This proposal would be subject to an COPPA Safe Harbor Program environmental analysis in accordance Application To Modify Program Availability and Summary of with FAA Order 1050.1F, Requirements Documents for Incorporation by ‘‘Environmental Impacts: Policies and Reference Procedures’’ prior to any FAA final AGENCY: Federal Trade Commission regulatory action. (FTC or Commission). This document proposes to amend ACTION: Notification announcing FAA Order 7400.11A, Airspace Lists of Subjects in 14 CFR Part 71 submission of modifications to Designations and Reporting Points, TRUSTe’s Commission-approved ‘‘safe dated August 3, 2016, and effective Airspace, Incorporation by reference, Navigation (air). harbor’’ guidelines, and requesting September 15, 2016. FAA Order public comment. 7400.11A is publicly available as listed The Proposed Amendment in the ADDRESSES section of this SUMMARY: The Federal Trade document. FAA Order 7400.11A lists In consideration of the foregoing, the Commission publishes this document Class A, B, C, D, and E airspace areas, Federal Aviation Administration and request for public comment air traffic service routes, and reporting proposes to amend 14 CFR part 71 as concerning proposed modifications to points. follows: TRUSTe’s self-regulatory guidelines,

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under the safe harbor provision of the Pursuant to Section 312.11 of the your comment, we must receive it on or Children’s Online Privacy Protection Rule, TRUSTe submitted proposed self- before May 24, 2017. Write ‘‘TRUSTe Rule. regulatory guidelines to the Commission Application for Modifications to Safe DATES: Written comments must be that the FTC approved in May 2001. Harbor Program Requirements, Project received by May 24, 2017. TRUSTe subsequently updated its No. P024526’’ on your comment. Your guidelines to comply with the revised comment—including your name and ADDRESSES: Interested parties may file a Rule, which became effective on July 1, your state—will be placed on the public comment online or on paper, by 2013. TRUSTe is now seeking to modify record of this proceeding, including, to following the instructions in the its Commission-approved Safe Harbor the extent practicable, on the public Request for Comment part of the program requirements. The text of the Commission Web site, at https:// SUPPLEMENTARY INFORMATION section proposed modified program www.ftc.gov/policy/public-comments. below. Write ‘‘TRUSTe Application for requirements is available on the As a matter of discretion, the Modifications to Safe Harbor Program Commission’s Web site, at www.ftc.gov. Commission tries to remove individuals’ Requirements, Project No. P024526’’ on home contact information from your comment, and file your comment Section B. Questions on the Proposed comments before placing them on the online at https:// Modified Program Requirements Commission Web site. ftcpublic.commentworks.com/ftc/ The Commission is seeking comment Postal mail addressed to the coppatruste, by following the on various aspects of TRUSTe’s Commission is subject to delay due to instructions on the web-based form. If proposed modified program heightened security screening. As a you prefer to file your comment on requirements, and is particularly result, we encourage you to submit your paper, write ‘‘TRUSTe Application for interested in receiving comment on the comments online. To make sure that the Modifications to Safe Harbor Program questions that follow. These questions Commission considers your online Requirements, Project No. P024526’’ on are designed to assist the public and comment, you must file it at https:// your comment and on the envelope, and should not be construed as a limitation ftcpublic.commentworks.com/ftc/ mail your comment to the following on the issues on which public comment coppatruste, by following the address: Federal Trade Commission, may be submitted. Each response instructions on the web-based form. If Office of the Secretary, 600 should cite the number and subsection this document appears at http:// Pennsylvania Avenue NW., Suite CC– of the question being answered. For all www.regulations.gov/#!home, you also 5610 (Annex E), Washington, DC 20580, comments submitted, please provide may file a comment through that Web or deliver your comment to the any relevant data, statistics, or any other site. following address: Federal Trade evidence, upon which those comments If you file your comment on paper, Commission, Office of the Secretary, are based. write ‘‘TRUSTe Application for Constitution Center, 400 7th Street SW., 1. Please provide comments on any or Modifications to Safe Harbor Program 5th Floor, Suite 5610 (Annex E), all of the proposed modifications to Requirements, Project No. P024526’’ on Washington, DC 20024. TRUSTe’s program requirements. For your comment and on the envelope, and FOR FURTHER INFORMATION CONTACT: each provision commented on please mail or deliver it to the following Kristin Cohen, Attorney, (202) 326–2276 describe (a) the impact of the address: Federal Trade Commission, or Peder Magee, Attorney, (202) 326– provision(s), including benefits and Office of the Secretary, 600 3538, Division of Privacy and Identity costs, if any, and (b) what alternatives, Pennsylvania Avenue NW., Suite CC– Protection, Federal Trade Commission, if any, should be considered, as well as 5610 (Annex J), Washington, DC 20580, Washington, DC 20580. the costs and benefits of those or deliver your comment to the SUPPLEMENTARY INFORMATION: alternatives. following address: Federal Trade 2. Are the mechanisms used to assess Commission, Office of the Secretary, Section A. Background operators’ compliance with the Constitution Center, 400 7th Street SW., On October 20, 1999, the Commission proposed modified program 5th Floor, Suite 5610 (Annex J), issued its final Rule pursuant to the requirements effective? 5 If not, please Washington, DC 20024. If possible, Children’s Online Privacy Protection describe (a) whether and how TRUSTe submit your paper comment to the Act, 15 U.S.C. 6501 et seq., which could modify the assessment Commission by courier or overnight became effective on April 21, 2000.1 On mechanisms to satisfy the Rule’s service. December 19, 2012, the Commission requirements, and (b) the costs and Because your comment will be placed amended the Rule, and these benefits of those modifications. on the publicly accessible FTC Web site amendments became effective on July 1, 3. Are the incentives for operators’ at www.ftc.gov, you are solely 2013.2 The Rule requires certain Web compliance with the proposed modified responsible for making sure that your site and online service operators to post program requirements effective? 6 If not, comment does not include any sensitive privacy policies and provide notice, and please describe (a) whether and how the or confidential information. In obtain verifiable parental consent, prior incentives could be modified to satisfy particular, your comment should not to collecting, using, or disclosing the Rule’s requirements, and (b) the include any sensitive personal personal information from children costs and benefits of those information, such as your or anyone under the age of 13.3 The Rule contains modifications. else’s Social Security number; date of a ‘‘safe harbor’’ provision enabling 4. Please provide comments on any birth; driver’s license number or other industry groups or others to submit to other issue deemed relevant to this state identification number, or foreign the Commission for approval self- matter. country equivalent; passport number; regulatory guidelines that would financial account number; or credit or Section C. Invitation To Comment implement the Rule’s protections.4 debit card number. You are also solely You can file a comment online or on responsible for making sure that your 1 64 FR 59888 (1999). paper. For the Commission to consider comment does not include any sensitive 2 78 FR 3972 (2013). health information, such as medical 3 16 CFR part 312. 5 See 16 CFR 312.11(b)(2); 78 FR at 4013. records or other individually 4 See 16 CFR 312.11; 78 FR at 3995–96, 4012–13. 6 See 16 CFR 312.11(b)(3); 78 FR at 4013. identifiable health information. In

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addition, your comment should not ENVIRONMENTAL PROTECTION making effective comments, please visit include any ‘‘trade secret or any AGENCY https://www.epa.gov/dockets/ commercial or financial information commenting-epa-dockets. which . . . is privileged or 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: confidential’’—as provided by Section [EPA–R03–OAR–2016–0369; FRL–9960–03– Gavin Huang, (215) 814–2042, or by 6(f) of the FTC Act, 15 U.S.C. 46(f), and Region 3] email at [email protected]. FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— SUPPLEMENTARY INFORMATION: Determination of Attainment by the including in particular competitively I. Background sensitive information such as costs, Attainment Date for the 2008 Ozone Standard; District of Columbia, sales statistics, inventories, formulas, A. Statutory Requirement— Maryland, and Virginia; Washington, patterns, devices, manufacturing Determination of Attainment by the DC-MD-VA Area processes, or customer names. Attainment Date Once your comment has been posted AGENCY: Environmental Protection Section 181(b)(2) of the CAA requires on the public FTC Web site—as legally Agency (EPA). EPA to determine, within 6 months of required by FTC Rule 4.9(b)—we cannot ACTION: Proposed rule. an ozone nonattainment area’s attainment date, whether that area redact or remove your comment from SUMMARY: The Environmental Protection the FTC Web site, unless you submit a attained the ozone standard by that date. Agency (EPA) is proposing to determine Section 181(b)(2) of the CAA also confidentiality request that meets the that the Washington, DC-MD-VA requires that areas that have not attained requirements for such treatment under marginal ozone nonattainment area (the the standard by their attainment FTC Rule 4.9(c), and the General Washington Area) has attained the 2008 deadlines be reclassified to either the Counsel grants that request in ozone national ambient air quality next higher classification (e.g., marginal accordance with the law and the public standard (NAAQS) by the July 20, 2016 to moderate, moderate to serious, etc.) interest. Comments containing material attainment date. This proposed or to the classifications applicable to the for which confidential treatment is determination is based on complete, areas’ design values in Table 1 of 40 requested must be filed in paper form, certified, and quality assured ambient CFR 51.1103. CAA section 181(a)(5) must be clearly labeled ‘‘Confidential,’’ air quality monitoring data for the provides a mechanism by which the and must comply with FTC Rule 4.9(c). Washington Area for the 2013 through EPA Administrator may grant a 1-year In particular, the written request for 2015 monitoring period. This proposed extension of an area’s attainment confidential treatment that accompanies determination does not constitute a deadline, provided that the relevant the comment must include the factual redesignation to attainment. This action states meet certain criteria. is being taken under the Clean Air Act and legal basis for the request, and must (CAA). B. The Washington Area and Its identify the specific portions of the DATES: Attainment Date comment to be withheld from the public Written comments must be received on or before May 25, 2017. record. See FTC Rule 4.9(c). On July 18, 1997 at 62 FR 38855, EPA ADDRESSES: Submit your comments, promulgated a revised ozone NAAQS of Visit the Commission Web site at identified by Docket ID No. EPA–R03– 0.08 parts per million (ppm), averaged http://www.ftc.gov to read this OAR–2016–0369 at https:// over eight hours. This standard was document and the news release www.regulations.gov, or via email to determined to be more protective of describing it. The FTC Act and other [email protected]. For comments public health than the previous 1979 1- laws that the Commission administers submitted at Regulations.gov, follow the hour ozone standard. In 2008, EPA permit the collection of public online instructions for submitting revised the 8-hour ozone NAAQS from comments to consider and use in this comments. Once submitted, comments 0.08 to 0.075 ppm (the 2008 ozone proceeding as appropriate. The cannot be edited or removed from NAAQS). See 73 FR 16436 (March 27, Commission will consider all timely Regulations.gov. For either manner of 2008). In a May 21, 2012 final rule, the and responsive public comments that it submission, EPA may publish any Washington Area was designated as receives on or before May 24, 2017. You comment received to its public docket. marginal nonattainment for the more can find more information, including Do not submit electronically any stringent 2008 ozone NAAQS, effective routine uses permitted by the Privacy information you consider to be on July 20, 2012. 77 FR 30088. The Act, in the Commission’s privacy confidential business information (CBI) Washington Area consists of the policy, at https://www.ftc.gov/site- or other information whose disclosure is Counties of Calvert, Charles, Frederick, information/privacy-policy. restricted by statute. Multimedia Montgomery, and Prince George’s in submissions (audio, video, etc.) must be Maryland; the Counties of Arlington, By direction of the Commission. accompanied by a written comment. Fairfax, Loudoun, and Prince William Donald S. Clark, The written comment is considered the and the Cities of Alexandria, Fairfax, Secretary. official comment and should include Falls Church, Manassas, and Manassas [FR Doc. 2017–08248 Filed 4–24–17; 8:45 am] discussion of all points you wish to Park Cities in Virginia; and the entirety BILLING CODE 6750–01–P make. EPA will generally not consider of the District of Columbia. See 40 CFR comments or comment contents located 81.309, 81.321, and 81.347. outside of the primary submission (i.e. In a separate rulemaking action, also on the web, cloud, or other file sharing published on May 21, 2012 and effective system). For additional submission on July 20, 2012, EPA established the air methods, please contact the person quality thresholds that define the identified in the FOR FURTHER classifications assigned to all INFORMATION CONTACT section. For the nonattainment areas for the 2008 ozone full EPA public comment policy, NAAQS (the Classifications Rule). See information about CBI or multimedia 77 FR 30160. This rulemaking also submissions, and general guidance on established December 31 of each

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relevant calendar year as the attainment EPA modified the maximum attainment design value. When the design value is date for all nonattainment area dates for all nonattainment areas for the less than or equal to 0.075 ppm at each classification categories. Section 181 of 2008 ozone NAAQS, consistent with the ambient air quality monitoring site the CAA provides that the attainment D.C. Circuit’s decision. The SIP within the designated nonattainment deadline for ozone nonattainment areas Requirements Rule established a area, then the area is deemed to be is ‘‘as expeditiously as practicable’’ but maximum deadline for marginal meeting the NAAQS. The rounding no later than the prescribed dates that nonattainment areas of three years from convention under 40 CFR part 50, are provided in Table 1 of that section. the effective date of designation, or July appendix P dictates that concentrations In the Classifications Rule, EPA 20, 2015, to attain the 2008 ozone shall be reported in ppm to the third translated the deadlines in Table 1 of NAAQS. See 80 FR at 12268; 40 CFR decimal place, with additional digits to CAA section 181 for purposes of the 51.1103. the right being truncated. Thus, a 2008 standard by measuring those In a final rulemaking action published computed three-year average ozone deadlines from the effective date of the on May 4, 2016, EPA determined that concentration of 0.0759 ppm or lower new designations, but extended those the Washington Area did not attain the would meet the standard, but 0.0760 deadlines by several months to 2008 ozone NAAQS by its July 20, 2015 ppm or higher is over the standard. December 31 of the corresponding attainment date, based on ambient air quality monitoring data for the 2012– EPA’s proposed determination of calendar year. Pursuant to a challenge of 2014 monitoring period. In that same attainment is based upon data that has EPA’s interpretation of the attainment action, EPA determined that the been collected and quality-assured in deadlines, on December 23, 2014, the Washington Area qualified for a 1-year accordance with 40 CFR part 58 and United States Court of Appeals for the extension of its attainment date, as recorded in EPA’s Air Quality System District of Columbia Circuit (D.C. provided in section 181(a)(5) of the CAA (AQS) database. Ambient air quality Circuit) issued a decision rejecting, and interpreted by regulation at 40 CFR monitoring data for the three-year among other things, the Classifications 51.1107. With that final rulemaking period must meet a data completeness Rule’s attainment deadlines for the 2008 action, the new attainment date for the requirement. The ambient air quality ozone nonattainment areas, finding that Washington Area is July 20, 2016. See monitoring data completeness EPA did not have statutory authority 81 FR 26697 (May 4, 2016). requirement is met when the three-year under the CAA to extend those average of the percent (%) of required deadlines to the end of the calendar II. EPA’s Analysis of the Relevant Air monitoring days with valid ambient year. NRDC v. EPA, 777 F.3d 456, 464– Quality Data monitoring data is greater than 90%, 69 (D.C. Cir. 2014). Accordingly, as part Under EPA regulations, at 40 CFR part and no single year has less than 75% of the final rule, ‘‘Implementation of the 50, appendix P, the 2008 ozone NAAQS data completeness, as determined 2008 National Ambient Air Quality is attained at a monitoring site when the according to 40 CFR part 50, appendix Standards for Ozone: State three-year average of the annual fourth- P. Tables 1 and 2 show the data Implementation Plan (SIP) highest daily maximum 8-hour average completeness and ozone design values, Requirements,’’ for the 2008 ozone ambient air quality ozone concentration respectively, for each monitor in the NAAQS (80 FR 12264, March 6, 2015) is less than or equal to 0.075 ppm. This Washington Area for the years 2013– (hereinafter, SIP Requirements Rule), three-year average is referred to as the 2015.

TABLE 1—2013–2015 WASHINGTON AREA OZONE MONITOR DATA COMPLETENESS

% Data 2013–2015 County, state Site ID completeness Average % Comment 2013 2014 2015 completeness

District of Colum- 110010041 99 0 0 33 Construction caused temporary site bia. shut down in 2014. a 110010043 99 99 99 99 110010050 d 78 100 99 d 92 The site began operating in January 2013. It was shut down from July to November 2013 due to building repairs. b Calvert, MD ...... 240090011 99 100 96 98 Charles, MD ...... 240170010 90 97 98 95 Frederick, MD ...... 240210037 97 96 97 96 Montgomery, MD 240313001 98 99 99 99 Prince George’s, 240330030 100 99 95 98 MD. 240338003 100 98 99 99 240339991 e 99 e 100 e 100 e 99 Clean Air Status and Trends Network (CASTNET) monitor. c Arlington, VA ...... 510130020 94 100 99 98 Fairfax, VA ...... 510590030 99 91 97 96 Loudoun, VA ...... 511071005 100 99 93 97 Prince William, VA 511530009 100 100 99 100 Notes: a The temporary shutdown was included in the District of Columbia Department of Energy & Environment (DC DOEE) July 2015 Annual Net- work Plan, which was submitted to EPA on June 25, 2015 and approved by EPA on November 12, 2015. b The temporary shutdown was not included in the DC DOEE’s Annual Network Plan. c EPA’s Clean Air Markets Division (CAMD) operates this CASTNET monitor.

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d Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the analysis conducted by DC DOEE and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Dock- et number EPA–R03–OAR–2016–0369. e Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis con- ducted by CAMD and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA– R03–OAR–2016–0369.

As shown in Table 1, several issues. In order to obtain a valid design completeness requirements of 40 CFR monitoring sites did not meet the value for these monitors, DC DOEE and part 50, appendix P. The details of these completeness criteria set out in 40 CFR EPA’s CAMD conducted completeness analyses and EPA’s approval letters for part 50, appendix P. For monitor demonstrations of ‘‘missing days both data substitution analyses are 110010041 in the District of Columbia, assumed less than the standard’’ to available online at https:// the reason for the completeness issue show that had the monitors been www.regulations.gov, Docket number was a monitor shutdown, approved into operational on days for which data is EPA–R03–OAR–2016–0369. DC DOEE’s annual network monitoring missing, the ozone levels recorded Consistent with the requirements plan. Because three years of complete would have been below the standard. contained in 40 CFR part 50, appendix data is not possible at this monitoring DC DOEE and EPA performed an P, EPA has reviewed the ozone ambient site, EPA does not look for valid design analysis of the meteorological data and air quality monitoring data for the values there in determining attainment a regression analysis in order to meet monitoring period from 2013 through with the NAAQS. the data completeness requirements for 2015 for the Washington Area, as For monitor 110010050 in the District these monitors. EPA also conducted for recorded in the AQS database. As of Columbia, the temporary shutdown these two monitors a substitution shown in Table 2, all valid 2013–2015 due to construction was not approved analysis as a check on the validity of the design values are less than or equal to into the associated monitoring plan. For meteorological analysis and regression 0.075 ppm. Therefore, EPA concludes EPA’s monitor 240339991 in Prince analysis. Using these methods, EPA was that the Washington Area has attained George’s County, Maryland, there were able to ‘‘add’’ enough ozone season days the 2008 ozone NAAQS, considering malfunctions that led to completeness to the two monitors to meet the data 2013–2015 data.

TABLE 2—2013–2015 WASHINGTON AREA 2008 OZONE DESIGN VALUES [PPM]

4th Highest daily max 2013–2015 County, state Site ID value design values 2013 2014 2015

District of Columbia ...... 110010041 0.062 0.047 * 110010043 0.066 0.068 0.072 0.068 110010050 0.066 0.069 0.072 0.069 Calvert, MD...... 240090011 0.067 0.070 0.067 0.068 Charles, MD...... 240170010 0.064 0.067 0.068 0.066 Frederick, MD...... 240210037 0.069 0.063 0.070 0.067 Montgomery, MD...... 240313001 0.069 0.064 0.072 0.068 Prince George’s MD ...... 240330030 0.068 0.065 0.072 0.068 240338003 0.069 0.069 0.069 0.069 240339991 0.072 0.069 0.067 0.069 Arlington, VA...... 510130020 0.067 0.071 0.073 0.070 Fairfax, VA...... 510590030 0.067 0.065 0.072 0.068 Loudoun, VA ...... 511071005 0.066 0.063 0.071 0.066 Prince William, VA...... 511530009 0.066 0.062 0.067 0.065 Notes: Only valid design values for monitors meeting the completeness criteria are shown. * Annual value does not meet completeness criteria.

III. Proposed Action ozone NAAQS based on complete, provisions of the SIP Requirements Rule quality assured and certified data for the (40 CFR 51.1103). EPA evaluated ozone data from air 2013 through 2015 ozone seasons. Thus, quality monitors in the Washington This proposed determination of EPA proposes to determine in attainment does not constitute a Area in order to determine the accordance with its statutory obligations Washington Area’s attainment status redesignation to attainment. under section 181(b)(2)(A) of the CAA Redesignations require states to meet a under the 2008 ozone NAAQS. Federal, that the Washington Area attained the state, and local agencies responsible for number of additional criteria, including 2008 ozone NAAQS by the applicable EPA approval of a state plan to maintain ozone air monitoring networks supplied attainment date of July 20, 2016. EPA’s and quality assured the data. All the the air quality standard for 10 years after proposed determination is in redesignation. EPA is soliciting public monitoring sites with valid data had accordance with applicable regulatory design values equal to or less than 0.075 comments on the issues discussed in requirements under 81 FR 26697 (with ppm based on the 2013 through 2015 this document. These comments will be respect to issuance of the 1-year monitoring period. Considering that considered before taking final action. extension of the attainment date for the review, EPA has concluded that the Washington Area) and with the related Washington Area attained the 2008

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IV. Statutory and Executive Order Authority: 42 U.S.C. 7401 et seq. addressed to the Commission’s Reviews Dated: February 22, 2017. Secretary, Office of the Secretary, This rulemaking action proposes to Cecil Rodrigues, Federal Communications Commission. make a determination of attainment on Acting Regional Administrator, Region III. All hand-delivered or messenger- the 2008 ozone NAAQS based on air delivered paper filings for the [FR Doc. 2017–08356 Filed 4–24–17; 8:45 am] Commission’s Secretary must be quality and, if finalized, would not BILLING CODE 6560–50–P impose additional requirements. For delivered to FCC Headquarters at 445 that reason, this proposed determination 12th Street SW., Room TW–A325, Washington, DC 20554. The filing hours of attainment: FEDERAL COMMUNICATIONS • Does not impose an information are 8:00 a.m. to 7:00 p.m. All hand COMMISSION collection burden under the provisions deliveries must be held together with rubber bands or fasteners. Any of the Paperwork Reduction Act (44 47 CFR Part 54 U.S.C. 3501 et seq.); envelopes and boxes must be disposed • is certified as not having a [WT Docket No. 17–80, WC Docket No. 10– of before entering the building. significant economic impact on a 90, WT Docket No. 10–208, WC Docket No. Commercial overnight mail (other than substantial number of small entities 11–10; DA 17–347] U.S. Postal Service Express Mail and under the Regulatory Flexibility Act (5 Priority Mail) must be sent to 9300 East Connect America Fund; Universal U.S.C. 601 et seq.); Hampton Drive, Capitol Heights, MD Service Reform—Mobility Fund • does not contain any unfunded 20743. U.S. Postal Service first-class, mandate or significantly or uniquely AGENCY: Federal Communications Express, and Priority mail must be affect small governments, as described Commission. addressed to 445 12th Street SW., in the Unfunded Mandates Reform Act ACTION: Proposed rule; extension of Washington, DC 20554. of 1995 (Pub. L. 104–4); comment and reply comment period. D People with Disabilities: Contact the • does not have federalism FCC to request reasonable implications as specified in Executive SUMMARY: In this document, the accommodations (accessible format Order 13132 (64 FR 43255, August 10, Commission extends the deadline for documents, sign language interpreters, 1999); filing comments and reply comments on CART, etc.) by email: [email protected] • is not an economically significant the Commission’s Further Notice of or phone: 202–418–0530 or TTY: 202– regulatory action based on health or Proposed Rulemaking (FNPRM) in this 418–0432. safety risks subject to Executive Order proceeding, which was published in the FOR FURTHER INFORMATION CONTACT: 13045 (62 FR 19885, April 23, 1997); Federal Register on March 13, 2017. Audra Hale-Maddox, Audra.Hale- • is not a significant regulatory action The Commission also extends the [email protected], of the Auctions and subject to Executive Order 13211 (66 FR deadline established in a separate Spectrum Access Division, Wireless 28355, May 22, 2001); • Public Notice for filing justifications Telecommunications Bureau, (202) 418– is not subject to requirements of supporting confidentiality requests Section 12(d) of the National 0660. relating to mobile speed data filed SUPPLEMENTARY INFORMATION: This is a Technology Transfer and Advancement through the Commission’s Form 477. Act of 1995 (15 U.S.C. 272 note) because summary of the Commission’s Order in DATES: The comment and reply application of those requirements would WC Docket No. 10–90, WT Docket No. comment period for the proposed rule be inconsistent with the CAA; and 10–208, WC Docket 11–10, WT Docket • does not provide EPA with the published March 13, 2017 (82 FR 13413) No. 17–80, DA 17–347, adopted and discretionary authority to address, as is extended. Submit comments on or released on April 11, 2017, which appropriate, disproportionate human before April 26, 2017, and submit reply extends the comment and reply health or environmental effects, using comments on or before May 11, 2017. comment filing deadlines established in practicable and legally permissible ADDRESSES: All filings in response to the the FNPRM published under FCC No. methods, under Executive Order 12898 FNPRM must refer to WC Docket No. 17–11 (82 FR 13413) on March 13, 2017. (59 FR 7629, February 16, 1994). 10–90 and WT Docket No. 10–208. The The deadline to file justifications for This SIP, proposing to determine that Commission strongly encourages parties requests for confidentiality of mobile the Washington Area attained the 2008 to develop responses to the Further speed data submitted through FCC Form ozone NAAQS by its July 20, 2016 Notice that adhere to the organization 477, initially established in a separate attainment date, is not approved to and structure of the Further Notice. All Public Notice (DA 17–286, rel. March apply on any Indian reservation land as filings in response to the Form 477 29, 2017) (Form 477 Public Notice), was defined in 18 U.S.C. 1151 or in any Public Notice must refer to WT Docket also extended in this Order. Pursuant to other area where EPA or an Indian tribe No. 17–80, WC Docket No. 10–90, WT sections 1.415 and 1.419 of the has demonstrated that a tribe has Docket No. 10–208, and WC Docket No. Commission’s rules, 47 CFR 1.415, jurisdiction. In those areas of Indian 11–10. You may submit comments and 1.419, interested parties may file country, the rule does not have tribal other filings by any of the following comments and reply comments on or implications and will not impose methods: before the dates indicated on the first substantial direct costs on tribal D Federal Communications page of this document. Comments may governments or preempt tribal law as Commission’s Web site: http:// be filed using the Commission’s specified by Executive Order 13175 (65 apps.fcc.gov/ecfs/. Follow the Electronic Comment Filing System FR 67249, November 9, 2000). instructions for submitting comments. (ECFS). See Electronic Filing of D Mail: Parties who choose to file by Documents in Rulemaking Proceedings, List of Subjects in 40 CFR Part 52 paper must file an original and seven 63 FR 24121 (1998). Environmental protection, Air copies of each filing. Filings can be sent pollution control, Ozone, Incorporation by hand or messenger delivery, by Background by reference, Intergovernmental commercial overnight courier, or by 1. On March 7, 2017, the Commission relations, Reporting and recordkeeping first-class or overnight U.S. Postal released a Further Notice of Proposed requirements. Service mail. All filings must be Rulemaking (FNPRM) in WC Docket No.

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10–90, WT Docket No. 10–208. The for mobile speed data from the Form industry representatives additional time FNPRM set deadlines for filing 477 Public Notice. CTIA states that to seek consensus regarding the FNPRM comments and reply comments at 30 these extensions are warranted to issues and by facilitating the and 45 days, respectively, after establish a full and complete record, development of a more complete record publication of the FNPRM in the better address technically complex and on complicated issues. Further, given Federal Register. A summary of the complicated questions, and increase the that the Commission has extended the FNPRM was published in the Federal possibility of its developing an industry deadlines for filing comments and reply Register on March 13, 2017. 78 FR consensus proposal for the challenge comments in this matter, it will also 39691. Accordingly, the filing dates process before submitting comments extend the deadline to submit were established as April 12, 2017 for and reply comments. We grant the justifications for confidentiality requests comments and April 27, 2017 for reply requested extensions. for the minimum advertised or expected comments. The deadline for filing 2. As set forth in section 1.46 of the 4G LTE mobile speeds included in their Form 477 filings in order to allow the justifications for confidentiality requests Commission’s rules, 47 CFR 1.46(a), the related deadlines to remain aligned. in the Form 477 Public Notice was Commission’s policy is that extensions established as April 12, 2017. On April of time for filing comments in Federal Communications Commission. 7, 2017, CTIA filed a request to extend rulemaking proceedings shall not be Gary D. Michaels, the comment deadline by 14 days and routinely granted. In the instant case, Deputy Chief, Auctions and Spectrum Access to extend the reply comment deadline however, we find that granting an Division, Wireless Telecommunications by 14 days thereafter. CTIA also extension of the comment and reply Bureau. requested a 14-day extension of the comment periods will serve the public [FR Doc. 2017–08433 Filed 4–24–17; 8:45 am] justification for confidentiality requests interest by allowing consumer and BILLING CODE 6712–01–P

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Notices Federal Register Vol. 82, No. 78

Tuesday, April 25, 2017

This section of the FEDERAL REGISTER potential persons who are to respond to public by verifying that meat and, contains documents other than rules or the collection of information that such poultry products are safe, wholesome, proposed rules that are applicable to the persons are not required to respond to not adulterated, and properly labeled public. Notices of hearings and investigations, the collection of information unless it and packaged. FSIS requires nutrition committee meetings, agency decisions and displays a currently valid OMB control labeling of the major cuts of single- rulings, delegations of authority, filing of petitions and applications and agency number. ingredients, raw meat and poultry products, unless an exemption applies. statements of organization and functions are Food Safety and Inspection Service examples of documents appearing in this FSIS also requires nutrition labels on all section. Title: Advanced Meat Recovery ground or chopped meat and poultry Systems. products, with or without added OMB Control Number: 0583–0130. seasonings, unless an exemption DEPARTMENT OF AGRICULTURE Summary of Collection: The Food applies. Further, the nutrition labeling Safety and Inspection Service (FSIS) has requirements for all ground or chopped Submission for OMB Review; been delegated the authority to exercise meat and poultry products are Comment Request the functions of the Secretary as consistent with the nutrition labeling provided in the Federal Meat Inspection April 20, 2017. requirements for multi-ingredient and Act (FMIA) (21 U.S.C. 601 et seq.) This heat processed products. (9 CFR The Department of Agriculture has statutes mandate that FSIS protect the submitted the following information 381.400(a), 9 CFR 317.300(a), 9 CFR public by ensuring that meat products 317.301(a), 9 CFR 381.401(a)) collection requirement(s) to OMB for are safe, wholesome, not adulterated, review and clearance under the Need and Use of the Information: and properly labeled and packaged. FSIS requires nutrition labeling of major Paperwork Reduction Act of 1995, FSIS requires that official Public Law 104–13. Comments are cuts of single-ingredient, raw meat and establishments that produce meat from poultry products, all ground or chopped requested regarding (1) whether the Advanced Meat Recovery (AMR) collection of information is necessary meat and poultry products to ensure systems ensure that bones used for AMR that consumers will use this information for the proper performance of the systems do not contain brain, trigeminal functions of the agency, including to make better informed nutrition ganglia, or spinal cord; to test for choices when purchasing these meat whether the information will have calcium (at a different level than practical utility; (2) the accuracy of the and poultry products. previously required), iron, spinal cord, Description of Respondents: Business agency’s estimate of burden including and dorsal root ganglia (DRG); to the validity of the methodology and or other for-profit. document their testing protocols, to Number of Respondents: 76,439. assumptions used; (3) ways to enhance assess manner that does not cause the quality, utility and clarity of the Frequency of Responses: Reporting: product to be misbranded or On occasion. information to be collected; and (4) adulterated; and to maintain records of ways to minimize the burden of the Total Burden Hours: 67,861. their documentation and test results. collection of information on those who Need and Use of the Information: Ruth Brown, are to respond, including through the FSIS will collect information from Departmental Information Collection use of appropriate automated, establishments to ensure that the meat Clearance Officer. electronic, mechanical, or other product produced by the use of AMR [FR Doc. 2017–08315 Filed 4–24–17; 8:45 am] technological collection techniques or systems is free from Bovine Spongiform BILLING CODE 3410–DM–P other forms of information technology. Encephalopathy (BSE). Comments regarding this information Description of Respondents: Business collection received by May 25, 2017 will or other for-profit. DEPARTMENT OF AGRICULTURE be considered. Written comments Number of Respondents: 50. should be addressed to: Desk Officer for Frequency of Responses: Submission for OMB Review; Agriculture, Office of Information and Recordkeeping; Reporting: On occasion. Comment Request Regulatory Affairs, Office of Total Burden Hours: 21,259. Management and Budget (OMB), New April 20, 2017. Executive Office Building, 725 17th Food Safety and Inspection Service The Department of Agriculture has Street NW., Washington, DC 20502. Title: Nutrition Labeling of Major Cuts submitted the following information Commenters are encouraged to submit of Single-Ingredient Raw Meat or collection requirement(s) to OMB for their comments to OMB via email to: Poultry Products and Ground or review and clearance under the [email protected] or Chopped Meat and Poultry Products. Paperwork Reduction Act of 1995, fax (202) 395–5806 and to Departmental OMB Control Number: 0583–0148. Public Law 104–13. Comments are Clearance Office, USDA, OCIO, Mail Summary of Collection: The Food requested regarding (1) whether the Stop 7602, Washington, DC 20250– Safety and Inspection Service (FSIS) has collection of information is necessary 7602. Copies of the submission(s) may been delegated the authority to exercise for the proper performance of the be obtained by calling (202) 720–8958. the functions of the Secretary as functions of the agency, including An agency may not conduct or provided in the Federal Meat Inspection whether the information will have sponsor a collection of information Act (FMIA) (21 U.S.C. 601 et. seq.) and practical utility; (2) the accuracy of the unless the collection of information the Poultry Products Inspection Act agency’s estimate of burden including displays a currently valid OMB control (PPIA) (21 U.S.C. 451, et seq.) These the validity of the methodology and number and the agency informs statutes mandate that FSIS protect the assumptions used; (3) ways to enhance

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the quality, utility and clarity of the collection requirements, such as the Paperwork Reduction Act of 1995, information to be collected; and (4) requirement to submit annual financial Public Law 104–13 on or after the date ways to minimize the burden of the information; to prepare and update an of publication of this notice. Comments collection of information on those who operating plan; to prepare and update a are requested regarding: (1) Whether the are to respond, including through the maintenance plan; and to submit collection of information is necessary use of appropriate automated, compliance reports and information for the proper performance of the electronic, mechanical, or other updates. functions of the agency, including technological collection techniques and Authorized under their own various whether the information will have other forms of information technology. statutes, The Department of Interior’s practical utility; (2) the accuracy of the Comments regarding this information Bureau of Land Management, U.S. Fish agency’s estimate of burden including collection received by May 25, 2017 will and Wildlife Service, National Park the validity of the methodology and be considered. Written comments Service, and Bureau of Reclamation assumptions used; (3) ways to enhance should be addressed to: Desk Officer for along with the U.S. Army Corps of the quality, utility and clarity of the Agriculture, Office of Information and Engineers also use the SF–299 to collect information to be collected; and (4) Regulatory Affairs, Office of information. ways to minimize the burden of the Management and Budget (OMB), New Need and Use of the Information: The collection of information on those who Executive Office Building, 725 17th information collected is evaluated by are to respond, including through the Street NW., Washington, DC 20503. the FS and DOI to ensure that use of appropriate automated, Commentors are encouraged to submit authorized uses of NFS lands are in the electronic, mechanical, or other their comments to OMB via email to: public interest and are compatible with technological collection techniques or [email protected] or fax each Department’s agency missions. The other forms of information technology (202) 395–5806 and to Departmental information helps each agency identify should be addressed to: Desk Officer for Clearance Office, USDA, OCIO, Mail environmental and social impacts of Agriculture, Office of Information and Stop 7602, Washington, DC 20250– special uses for purposes of compliance Regulatory Affairs, Office of 7602. Copies of the submission(s) may with the National Environmental Policy Management and Budget (OMB), New be obtained by calling (202) 720–8681. Act and program administration. Executive Office Building, Washington, An agency may not conduct or Information is collected under six DC; New Executive Office Building, 725 sponsor a collection of information categories: (1) Information required from 17th Street NW., Washington, DC 20503. unless the collection of information proponents and applicants to evaluate Commenters are encouraged to submit displays a currently valid OMB control proposals and applications to use or their comments to OMB via email to: number and the agency informs occupy NFS lands; (2) information [email protected] or fax potential persons who are to respond to required from applicants to complete (202) 395–5806 and to Departmental the collection of information that such special use authorizations; (3) annual Clearance Office, USDA, OCIO, Mail persons are not required to respond to financial information required from Stop 7602, Washington, DC 20250– the collection of information unless it holders to determine land use fees; (4) 7602. displays a currently valid OMB control information required from holders to Comments regarding these number. prepare and update operating plans; (5) information collections are best assured Forest Service information required from holders to of having their full effect if received by prepare and update maintenance plans; May 25, 2017. Copies of the Title: Special Use Administration. and (6) information required from submission(s) may be obtained by OMB Control Number: 0596–0082. holders to complete compliance reports calling (202) 720–8681. Summary of Collection: The Forest and information updates. An agency may not conduct or Service is authorized under Title 5 of Description of Respondents: sponsor a collection of information the Federal Land Policy and Individuals or households; Business or unless the collection of information Management Act of 1976 (FLPMA, Pub. other for-profit; Not-for-profit displays a currently valid OMB control L. 94–579); the Organic Administration institutions; Farms; Federal number and the agency informs Act of 1897, (16 U.S.C. 551); the Government; State, Local or Tribal potential persons who are to respond to National Forest Ski Area Permit Act (16 Government. the collection of information that such U.S.C. 497b); section 28 of the Mineral Number of Respondents: 155,930. persons are not required to respond to Leasing Act (30 U.S.C. 185); the Frequency of Responses: Reporting: the collection of information unless it National Forest Roads and Trails Act On occasion. displays a currently valid OMB control (FRTA, 16 U.S.C. 532–538); section 7 of Total Burden Hours: 336,461. number. the Granger-Thye Act (16 U.S.C. 480d); the Act of May 20, 2000 (16 U.S.C. 460/ Charlene Parker, Agricultural Marketing Service –6d); and the Federal Lands Recreation Departmental Information Collection Title: Organic Handler Market Clearance Officer. Enhancement Act (16 U.S.C. 6801–6814) Promotion Assessment Exemption. to issue and administer authorizations [FR Doc. 2017–08359 Filed 4–24–17; 8:45 am] OMB Control Number: 0581–0216. for use and occupancy of National BILLING CODE 3411–15–P Summary of Collection: Industries Forest System (NFS) lands and require enter into a marketing order program the collection of information from the under the Agricultural Marketing public for those purposes. Forest DEPARTMENT OF AGRICULTURE Agreement Act (AMAA) of 1937, as Service regulations implementing these Submission for OMB Review; amended by U.S.C. 601–674. Marketing authorities, are found under Title 36, Comment Request Order programs provide an opportunity Code of Federal Regulations, Section for producers of fresh fruit, vegetables, 251, Subpart B (36 CFR 251, Subpart B). April 20, 2017. and specialty crops, in specified Information collected include The Department of Agriculture will production areas, to work together to submission of applications, execution of submit the following information solve marketing problems that cannot be forms, and imposition of terms and collection requirement(s) to OMB for solved individually. In 2002, section conditions that entail information review and clearance under the 501 of the FAIR Act was amended (7

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U.S.C. 7401) to exempt any person that collection for the Advanced Biofuel Regulations and Paperwork produces and markets solely 100 Payment Program. Management Branch, U.S. Department percent organic products, and that does DATES: Comments on this notice must be of Agriculture, Rural Development, Stop not produce any conventional or non- received by June 26, 2017 to be assured 0742, 1400 Independence Ave. SW., organic products, from paying of consideration. Washington, DC 20250. All comments assessments under a commodity FOR FURTHER INFORMATION CONTACT: received will be available for public promotion law with respect to any Contact Lisa Noty, U.S. Department of inspection during regular business agricultural commodity that is produced Agriculture, 511 W. 7th Street, Atlantic, hours at the same address. on a certified organic farm as defined in IA 50022, email: lisa.noty@ All responses to this notice will be section 2103 of the Organic Foods wdc.usda.gov, phone (712) 243–2107 summarized and included in the request Production Act of 1990. x116, fax (855)–251–2238. for OMB approval. All comments will Section 10004 of the 2014 Farm Bill become a matter of public record. SUPPLEMENTARY INFORMATION: expanded the organic assessment Title: Advanced Biofuel Payment Dated: April 18, 2017. exemption originally established by the Program. Chad Parker, FAIR Act. The 2014 Farm Bill allows all OMB Number: OMB No. 0570–0063. organic handlers to apply for an Acting Administrator, Rural Business- Expiration Date of Approval: Cooperative Service. exemption from assessments on September 30, 2017. products certified as ‘‘organic’’ or ‘‘100 [FR Doc. 2017–08323 Filed 4–24–17; 8:45 am] Type of Request: Revision of a percent organic,’’ regardless of whether BILLING CODE 3410–XY–P currently approved information the handler also markets conventional collection. or non-organic products. At the same Abstract: The Advanced Biofuel DEPARTMENT OF AGRICULTURE time, the 2014 Farm bill reduced the per Payment Program was authorized under response time to complete the form from section 9005 of Title IX of the Food, Rural Utilities Service 30 minutes to 15 minutes. Conservation, and Energy Act of 2008 Need and Use of the Information: (2008 Farm Bill). It authorizes the Information Collection Activity; Handlers submit the completed SC–649 Agency to enter into contracts to make Comment Request form to the appropriate committee, payments to eligible entities to support board or council once a year to apply for AGENCY: Rural Utilities Service, USDA. and ensure an expanding production of an assessment exemption to a certain ACTION: Notice and request for advanced biofuels. Entities eligible to percentage. The information gathered on comments. receive payments under the Program are this form is necessary to assist the producers of advanced biofuels that committees, boards and councils to SUMMARY: In accordance with the meet all of the requirements of the determine an applicant’s eligibility Paperwork Reduction Act of 199, the Program. assessment exemption and to verify Rural Utilities Service (RUS) invites Estimate of Burden: Public reporting comments on this information compliance. burden for this collection of information Description of Respondents: Business collection for which RUS intends to is estimated to average 0.89 hours per or other for-profit; Farms. request approval from the Office of response. Number of Respondents: 190. Management and Budget (OMB). Frequency of Responses: Respondents: The respondents are the DATES: Comments on this notice must be Recordkeeping; Reporting: On occasion; advanced biofuel producers and Agency received by June 26, 2017. staff who process applications and Annually. FOR FURTHER INFORMATION CONTACT: Total Burden Hours: 48. quarterly payment requests. Estimated Number of Respondents: Thomas P. Dickson, Acting Director, Charlene Parker, 275 advanced biofuel producers. Program Development and Regulatory Analysis, Rural Utilities Service, 1400 Departmental Information Collection Estimated Number of Responses per Clearance Officer. Respondent: 7.2. Independence Ave. SW., STOP 1522, Room 5164, South Building, [FR Doc. 2017–08291 Filed 4–24–17; 8:45 am] Estimate Number of Responses: 1,986. Washington, DC 20250–1522. BILLING CODE 3410–02–P Estimated Total Annual Burden on Respondents: 1,761 hours. Telephone: (202) 690–4492, FAX: (202) Comments are invited on: (1) Whether 720–8435 or email Thomas.Dickson@ DEPARTMENT OF AGRICULTURE the proposed collection of information wdc.usda.gov. is necessary for the proper performance SUPPLEMENTARY INFORMATION: The Office Rural Business-Cooperative Service of the functions of the agency, including of Management and Budget’s (OMB) whether the information will have regulation (5 CFR 1320) implementing Notice of Request for Revision of a practical utility; (2) the accuracy of the provisions of the Paperwork Reduction Currently Approved Information agency’s estimate of the burden of the Act of 1995 (Pub. L. 104–13) requires Collection proposed collection of information that interested members of the public AGENCY: Rural Business-Cooperative including the validity of the and affected agencies have an Service, USDA methodology and assumptions used; (3) opportunity to comment on information ACTION: Notice and request for ways to enhance the quality, utility, and collection and recordkeeping activities comments. clarity of the information to be (see 5 CFR 1320.8(d)). This notice collected; and (4) ways to minimize the identifies an information collection that SUMMARY: In accordance with the burden of the collection of information RUS is submitting to OMB for Paperwork Reduction Act of 1995, the on those who are to respond, including reinstatement. Rural Business-Cooperative Service the use of appropriate automated, Comments are invited on: (a) Whether gives notice that it is requesting from electronic, mechanical, or other the proposed collection of information the Office of Management and Budget technological collection techniques or is necessary for the proper performance (OMB) approval of a revision to a other forms of information technology. of the functions of the Agency, currently approved information Comments may be sent to Jeanne Jacobs, including whether the information will

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have practical utility; (b) The accuracy Estimated Number of Responses per line connections to the toll-free of the Agency’s estimate of the burden Respondent: 800. conference call-in number. of the proposed collection of Estimated Total Annual Burden on Persons with hearing impairments information including the validity of the Respondents: 20,333 hours. may also follow the discussion by first methodology and assumptions used; (c) Copies of this information collection calling the Federal Relay Service at 1– Ways to enhance the quality, utility and can be obtained from Rebecca Hunt, 800–977–8339 and providing the clarity of the information to be Program Development and Regulatory operator with the toll-free conference collected; and (d) Ways to minimize the Analysis, at (202) 205–3660, FAX: (202) call-in number: 1–877–440–5787 and burden of the collection of information 720–8435 or email: Rebecca.hunt@ conference call 7771068. on those who are to respond, including wdc.usda.gov. Members of the public are invited to through the use of appropriate All responses to this notice will be make statements during the open automated, electronic, mechanical, or summarized and included in the request comment period of the meeting or other technological collection for OMB approval. All comments will submit written comments. The techniques or other forms of information also become a matter of public record. comments must be received in the technology. Comments may be sent to: regional office approximately 30 days Dated: April 17, 2017. after each scheduled meeting. Written Thomas P. Dickson, Acting Director, Christopher A. McLean, Program Development and Regulatory comments may be mailed to the Eastern Acting Administrator, Rural Utilities Service. Analysis, Rural Utilities Service, U.S. Regional Office, U.S. Commission on Department of Agriculture, STOP 1522, [FR Doc. 2017–08324 Filed 4–24–17; 8:45 am] Civil Rights, 1331 Pennsylvania 1400 Independence Ave. SW., BILLING CODE P Avenue, Suite 1150, Washington, DC Washington, DC 20250–1522. 20425, faxed to (202) 376–7548, or Telephone (202) 690–4492, FAX: (202) emailed to Evelyn Bohor at ero@ usccr.gov. Persons who desire 720–8435 or email Thomas.Dickson@ COMMISSION ON CIVIL RIGHTS wdc.usda.gov. additional information may contact the Title: RUS Specification for Quality Notice of Public Meetings of the Eastern Regional Office at (202) 376– Control and Inspection of Timber Connecticut Advisory Committee 7533. Records and documents discussed Products. during the meeting will be available for OMB Control Number: 0572–0076. AGENCY: Commission on Civil Rights. public viewing as they become available Type of Request: Extension of a ACTION: Announcement of meetings. at https://database.faca.gov/committee/ currently approved collection. SUMMARY: Notice is hereby given, meetings.aspx?cid=239; click the Abstract: RUS Bulletin 1728H–702 pursuant to the provisions of the rules ‘‘Meeting Details’’ and ‘‘Documents’’ and 7 CFR 1728.202 describe the and regulations of the U.S. Commission links. Records generated from this responsibilities and procedures on Civil Rights (Commission), and the meeting may also be inspected and pertaining to the quality control by Federal Advisory Committee Act reproduced at the Eastern Regional producers and pertaining to inspection (FACA), that meetings of the Office, as they become available, both of timber products produced in Connecticut Advisory Committee to the before and after the meetings. Persons accordance with RUS specifications. In Commission will convene by conference interested in the work of this advisory order to ensure the security of loan call at 12:00 p.m. (EDT) on: Tuesday, committee are advised to go to the funds, adequate quality control of May 2, 2017, and Wednesday, May 10, Commission’s Web site, www.usccr.gov, timber products is vital to loan security 2017. The purpose of the meetings is to or to contact the Eastern Regional Office on electric power systems where discuss and vote on an advisory at the above phone numbers, email or hundreds of thousands of wood poles memorandum to the Commission on street address. and cross-arms are used. Since RUS and solitary confinement and discuss future its borrowers do not have the expertise Agenda May 2, 2017 advice on the topic. or manpower to quickly determine 1. Open—Rollcall ADDRESSES: Public call-in information: imperfections in the wood products or 2. Planning Meeting their preservatives treatments, they Conference call-in number: 1–877–440– • Discussion of Statement of Concern must obtain service of an inspection 5787 and conference call 7771068. • Vote on Statement of Concern agency to insure that the specifications FOR FURTHER INFORMATION CONTACT: Ivy 3. Open Comment for wood poles and cross-arms are being L. Davis, at [email protected] or by phone 4. Adjourn at 202–376–7533. met. Copies of test reports on various Agenda May 10, 2017 preservatives must accompany each SUPPLEMENTARY INFORMATION: Interested load of poles treated at the same time in members of the public may listen to the 1. Open—Roll Call a pressure cylinder (charge) as required 2. Discussion of Advisory Memorandum discussion by calling the following toll- 3. Vote on Memorandum by 7 CFR 1728.202(i). RUS feels the free conference call-in number: 1–877– 4. Open Comment importance of safety concerns are 440–5787 and conference call 7771068. 5. Adjournment enough to justify requiring test reports Please be advised that before placing Exceptional Circumstance: Pursuant so that the purchaser, inspectors, and them into the conference call, the to 41 CFR 102–3.150, the notice for this RUS will be able to spot check the conference call operator will ask callers meeting is given less than 15 calendar general accuracy and reliability of the to provide their names, their days prior to the meeting because of the tests. organizational affiliations (if any), and exceptional circumstance of an Estimate of Burden: This collection of email addresses (so that callers may be administrative holdup on the notice. information is estimated to average 1 notified of future meetings). Callers can hour per response. expect to incur charges for calls they Dated: April 19, 2017. Respondents: Not-for-profit initiate over wireless lines, and the David Mussatt, institutions; Business or other for profit. Commission will not refund any Supervisory Chief, Regional Programs Unit. Estimated Number of Respondents: incurred charges. Callers will incur no [FR Doc. 2017–08279 Filed 4–24–17; 8:45 am] 25. charge for calls they initiate over land- BILLING CODE P

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COMMISSION ON CIVIL RIGHTS the comments must be received in the (Primary Roads). Currently, the regional office within 30 days following classification code for limited-access Notice of Public Meeting of the the meeting. Written comments may be highways is either S1100 (Primary Wisconsin Advisory Committee for a mailed to the Midwestern Regional Roads) or S1200 (Secondary Roads). Meeting To Continue Discussion of a Office, U.S. Commission on Civil Rights, DATES: Written comments must be Draft Report Resulting From the 55 W. Monroe St., Suite 410, Chicago, submitted on or before May 25, 2017. Committee’s Study of Hate Crime in IL 60615. They may also be faxed to the ADDRESSES: Direct all written comments the State Commission at (312) 353–8324, or regarding the MTFCC change for emailed to Carolyn Allen at callen@ AGENCY: U.S. Commission on Civil limited-access highways to the Rights. usccr.gov. Persons who desire Geography Division, U.S. Census additional information may contact the ACTION: Announcement of meeting. Bureau, 4600 Silver Hill Road, Midwestern Regional Office at (312) Washington, DC 20233; or by email SUMMARY: Notice is hereby given, 353–8311. . Records generated from this meeting pursuant to the provisions of the rules FOR FURTHER INFORMATION CONTACT: may be inspected and reproduced at the and regulations of the U.S. Commission Geography Division, U.S. Census Midwestern Regional Office, as they on Civil Rights (Commission) and the Bureau, 4600 Silver Hill Road, become available, both before and after Federal Advisory Committee Act that Washington, DC 20233; or by email the meeting. Records of the meeting will the Wisconsin Advisory Committee . be available via www.facadatabase.gov (Committee) will hold a meeting on SUPPLEMENTARY INFORMATION: Tuesday, May 30, 2017, at 12:00 p.m. under the Commission on Civil Rights, CST for the purpose of discussing a Wisconsin Advisory Committee link A. Background draft report regarding hate crime in the (http://www.facadatabase.gov/ MAF/TIGER System is an state, in preparation to issue a final committee/meetings.aspx?cid=282). abbreviation for the Master Address report and recommendations to the Persons interested in the work of this File/Topologically Integrated Commission on the topic. Committee are directed to the Geographic Encoding and Referencing DATES: The meeting will be held on Commission’s Web site, http:// System. It is a digital (computer- Tuesday May 30, 2017, at 12:00 p.m. www.usccr.gov, or may contact the readable) geographic database that CST. Midwestern Regional Office at the above automates the mapping and related email or street address. ADDRESSES: Public call information: geographic activities required to support Dial: 877–419–6590, Conference ID: Agenda the Census Bureau’s census and survey 7201911. programs. The Census Bureau Welcome and Roll Call developed TIGER to automate the FOR FURTHER INFORMATION CONTACT: Discussion of civil rights report: Hate geographic support processes needed to Melissa Wojnaroski, DFO, at Crime in Wisconsin meet the major geographic needs of the [email protected] or 312–353– Future Plans and Actions: Civil Rights 1990 census: Producing cartographic 8311. in Wisconsin products to support data collection and Public Comment SUPPLEMENTARY INFORMATION: Members map presentations, providing Adjournment of the public can listen to the geographic structure for tabulation and discussion. This meeting is available to Dated: April 19, 2017. dissemination of the collected statistical the public through the following toll- David Mussatt, data, assigning residential and employer free call-in number: 877–419–6590, Supervisory Chief, Regional Programs Unit. addresses to the correct geographic conference ID: 7201911. Any interested [FR Doc. 2017–08280 Filed 4–24–17; 8:45 am] location and relating those locations to member of the public may call this BILLING CODE P the geographic entities used for data number and listen to the meeting. An tabulation, and so forth. During the open comment period will be provided 1990s, the Census Bureau developed an to allow members of the public to make DEPARTMENT OF COMMERCE independent Master Address File (MAF) a statement as time allows. The to support field operations and conference call operator will ask callers Bureau of the Census allocation of housing units for to identify themselves, the organization tabulations. After Census 2000, both the [Docket Number 170112067–7067–01] they are affiliated with (if any), and an address-based MAF and geographic email address prior to placing callers Limited-Access Highway Classification TIGER databases merged to form the into the conference room. Callers can Codes MAF/TIGER System. The contents of expect to incur regular charges for calls the MAF/TIGER System undergo they initiate over wireless lines, AGENCY: Bureau of the Census, continuous updating and are made according to their wireless plan. The Commerce. available to the public through a variety Commission will not refund any ACTION: Notice and request for comment. of TIGER products such as shapefiles, incurred charges. Callers will incur no geodatabases, and web map services. charge for calls they initiate over land- SUMMARY: The Bureau of the Census line connections to the toll-free (U.S. Census Bureau) publishes this B. Proposed Change telephone number. Persons with hearing notice to request public comment on a The Census Bureau publishes this impairments may also follow the proposal to change the classification of notice to request public comment on a proceedings by first calling the Federal limited-access highways in the Census proposal to change the classification of Relay Service at 1–800–977–8339 and Bureau’s Master Address File/ limited-access highways in the MAF/ providing the Service with the Topologically Integrated Referencing TIGER System. conference call number and conference and Encoding (MAF/TIGER) System. Currently, the classification code for ID number. The change will assign all limited- limited-access highways is either Members of the public are also access highways a MAF/TIGER Feature Primary Roads (S1100) or Secondary entitled to submit written comments; Classification Code (MTFCC) of S1100 Roads (S1200). The following is the

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current description of the S1100 roads in their products. Both USGS DEPARTMENT OF COMMERCE classification: GTOC and Census Geography Division Foreign-Trade Zones Board Primary roads are generally divided, agree that clarification of the definitions for S1100 and S1200 will require limited-access highways within the Interstate [B–87–2016] Highway System or under state management, minimal changes to TIGER roads that and are distinguished by the presence of are currently classified as S1200s. Since Foreign-Trade Zone (FTZ) 87—Lake interchanges. These highways are accessible this reclassification to S1100 roads Charles, Louisiana, Authorization of by ramps and may include some toll provides consistency and is in line with highways. Production Activity, Westlake the current MTFCC descriptions, the Chemical Corporation, Subzone 87F, To clarify that limited-access Census Bureau is prepared to initiate (Polyethylene and Styrene), Sulphur, highways are primary roads we have this change, pending comments from Louisiana revised the description of primary users. roads. The current description says On December 16, 2016, Westlake C. Request for Comment primary roads are generally divided, Chemical Corporation submitted a limited-access highways, while the We would like to hear from the TIGER notification of proposed production proposed description says they are user community about the potential activity to the Foreign-Trade Zones limited-access highways, divided or not. impacts of this change. Please respond (FTZ) Board for its facility within The proposed description of the S1100 to any or all of the following questions: Subzone 87F, in Sulphur, Louisiana. classification is: 1. Will this change have a positive or The notification was processed in negative impact on your use of TIGER Primary roads are limited-access highways accordance with the regulations of the that connect to other roads only at products? FTZ Board (15 CFR part 400), including interchanges and not at at-grade 2. How will this change impact the notice in the Federal Register inviting intersections. This category includes cartographic display of roads in TIGER public comment (82 FR 1316, January 5, interstate highways, as well as all other products that you use? 2017). The FTZ Board has determined highways with limited access (some of which 3. Please describe your use of TIGER that no further review of the activity is are toll roads). Limited-access highways with roads products and your familiarity and warranted at this time. The production only one lane in each direction, as well as use of limited-access highway features. activity described in the notification is those that are undivided, are also included under S1100. Date: April 19, 2017. authorized, subject to the FTZ Act and John H. Thompson, the FTZ Board’s regulations, including The following is the current Director, Bureau of the Census. Section 400.14. description of the S1200 classification: [FR Doc. 2017–08320 Filed 4–24–17; 8:45 am] Dated: April 17, 2017. Secondary roads are main arteries, usually BILLING CODE 3510–07–P Andrew McGilvray, in the U.S. highway, state highway, or county highway systems. These roads have one or Executive Secretary. more lanes of traffic in each direction, may [FR Doc. 2017–08319 Filed 4–24–17; 8:45 am] DEPARTMENT OF COMMERCE or may not be divided, and usually have at- BILLING CODE 3510–DS–P grade intersections with many other roads and driveways. They often have both a local Foreign-Trade Zones Board name and a route number. [B–02–2017] DEPARTMENT OF COMMERCE The proposed description makes clear that secondary roads are not limited- Foreign-Trade Zone (FTZ) 44—Morris Foreign-Trade Zones Board County, New Jersey Authorization of access highways. The proposed [B–88–2016] description is: Production Activity AGFA Corporation Subzone 44I (Aluminum Digital Foreign-Trade Zone (FTZ) 68—El Paso, Secondary roads are main arteries that are Printing Plates) Branchburg, New Texas; Authorization of Production not limited access, usually in the U.S. Jersey highway, state highway, or county highway Activity; PGTEX USA, Inc.; (Fiber Glass systems. These roads have one or more lanes On December 19, 2016, AGFA Fabrics) El Paso, Texas of traffic in each direction, may or may not Corporation submitted a notification of be divided, and usually have at-grade proposed production activity to the FTZ On December 19, 2016, PGTEX USA, intersections with many other roads and Board for its facility within Subzone Inc. (PGTEX) submitted a notification of driveways. They often have both a local proposed production activity to the FTZ name and a route number. 44I, in Branchburg, New Jersey. The notification was processed in Board for its facility within FTZ 68— Generally, only interstate highways accordance with the regulations of the Site 3, in El Paso, Texas. are currently in the S1100 classification. FTZ Board (15 CFR part 400), including The notification was processed in The impetus for this change was from notice in the Federal Register inviting accordance with the regulations of the the United States Geological Survey public comment (82 FR 2311–2312, FTZ Board (15 CFR part 400), including (USGS) Geospatial Technical Operations January 9, 2017). The FTZ Board has notice in the Federal Register inviting Center (GTOC). USGS and the Census determined that no further review of the public comment (82 FR 1316–1317, Bureau have a Memorandum of activity is warranted at this time. The January 5, 2017). The FTZ Board has Understanding (MOU) for coordination production activity described in the determined that no further review of the and cooperation pertaining to the notification is authorized, subject to the activity is warranted at this time. The exchange and use of TIGER roads in The FTZ Act and the FTZ Board’s production activity described in the National Map. The Census Bureau regulations, including Section 400.14. notification is authorized, subject to the delivers roads to USGS for use in The FTZ Act and the FTZ Board’s National Map and US Topo topographic Dated: April 18, 2017. regulations, including Section 400.14, maps and they provide feedback on the Andrew McGilvray, and further subject to a restriction data. USGS proposed this change so that Executive Secretary. requiring that foreign-status yarns (glass all limited-access highways would be [FR Doc. 2017–08317 Filed 4–24–17; 8:45 am] fiber) (HTSUS 7019.19), glass fibers classified and displayed as primary BILLING CODE 3510–DS–P (HTSUS 7019.90), and polyester yarn

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(HTSUS 5402.33) be admitted to the formally determined on February 15, Reservations are not accepted. To the subzone in privileged foreign status (19 2017, pursuant to Section 10(d) of the extent that time permits, members of the CFR 146.41). Federal Advisory Committee Act, as public may present oral statements to Dated: April 18, 2017. amended (5 U.S.C. app. 2 § (10)(d)), that the Committee. The public may submit the portion of the meeting dealing with written statements at any time before or Andrew McGilvray, pre-decisional changes to the Commerce after the meeting. However, to facilitate Executive Secretary. Control List and U.S. export control the distribution of public presentation [FR Doc. 2017–08318 Filed 4–24–17; 8:45 am] policies shall be exempt from the materials to the Committee members, BILLING CODE 3510–DS–P provisions relating to public meetings the Committee suggests that presenters found in 5 U.S.C. app. 2 §§ 10(a)(1) and forward the public presentation 10(a)(3). The remaining portions of the materials prior to the meeting to Ms. DEPARTMENT OF COMMERCE meeting will be open to the public. Springer via email. For more information, call Yvette Bureau of Industry and Security The Assistant Secretary for Springer at (202) 482–2813. Administration, with the concurrence of the delegate of the General Counsel, Transportation and Related Equipment Yvette Springer, formally determined on February 15, Technical Advisory Committee; Notice Committee Liaison Officer. of Partially Closed Meeting 2017, pursuant to Section 10(d) of the [FR Doc. 2017–08264 Filed 4–24–17; 8:45 am] Federal Advisory Committee Act, as The Transportation and Related BILLING CODE P amended (5 U.S.C. app. 2 § 10(d)), that Equipment Technical Advisory the portion of the meeting dealing with Committee will meet on May 10, 2017, matters the premature disclosure of DEPARTMENT OF COMMERCE 9:30 a.m., in the Herbert C. Hoover which would be likely to frustrate Building, Room 3884, 14th Street Bureau of Industry and Security significantly implementation of a between Constitution & Pennsylvania proposed agency action as described in Avenues NW., Washington, DC. The Notice of Partially Closed Meeting of 5 U.S.C. 552b(c)(9)(B) shall be exempt Committee advises the Office of the the Materials Processing Equipment from the provisions relating to public Assistant Secretary for Export Technical Advisory Committee meetings found in 5 U.S.C. app. 2 Administration with respect to technical §§ 10(a)(1) and 10(a)(3). The remaining questions that affect the level of export The Materials Processing Equipment portions of the meeting will be open to controls applicable to transportation Technical Advisory Committee the public. and related equipment or technology. (MPETAC) will meet on May 16, 2017, For more information, call Yvette 9:00 a.m., Room 3884, in the Herbert C. Springer at (202) 482–2813. Agenda Hoover Building, 14th Street between Public Session Pennsylvania and Constitution Avenues Yvette Springer, NW., Washington, DC. The Committee Committee Liaison Officer. 1. Welcome and Introductions. advises the Office of the Assistant [FR Doc. 2017–08270 Filed 4–24–17; 8:45 am] 2. Status reports by working group Secretary for Export Administration BILLING CODE 3510–JT–P chairs. with respect to technical questions that 3. Public comments and Proposals. affect the level of export controls Closed Session applicable to materials processing DEPARTMENT OF COMMERCE equipment and related technology. 4. Discussion of matters determined to International Trade Administration be exempt from the provisions Agenda [C–570–052] relating to public meetings found in Open Session 5 U.S.C. app. 2 §§ 10(a)(1) and Certain Hardwood Plywood Products 10(a)(3). 1. Opening remarks and introductions. 2. Presentation of papers and comments From the People’s Republic of China: The open session will be accessible by the Public. Preliminary Affirmative Countervailing via teleconference to 20 participants on 3. Discussions on results from last, and Duty Determination, Preliminary a first come, first serve basis. To join the proposals from last Wassenaar Affirmative Critical Circumstances conference, submit inquiries to Ms. meeting. Determination, in Part, and Alignment Yvette Springer at Yvette.Springer@ 4. Report on proposed and recently of Final Determination With Final bis.doc.gov no later than May 3, 2017. issued changes to the Export Antidumping Duty Determination A limited number of seats will be Administration Regulations. AGENCY: Enforcement and Compliance, available during the public session of 5. Other business. the meeting. Reservations are not International Trade Administration, accepted. To the extent time permits, Closed Session Department of Commerce. members of the public may present oral 6. Discussion of matters determined to SUMMARY: The Department of Commerce statements to the Committee. The public be exempt from the provisions (Department) preliminarily determines may submit written statements at any relating to public meetings found in that countervailable subsidies are being time before or after the meeting. 5 U.S.C. app. 2 §§ 10(a)(1) and provided to producers and exporters of However, to facilitate distribution of 10(a)(3). certain hardwood plywood products public presentation materials to The open session will be accessible (hardwood plywood) from the People’s Committee members, the Committee via teleconference to 20 participants on Republic of China (PRC). The period of suggests that presenters forward the a first come, first serve basis. To join the investigation is January 1, 2015, through public presentation materials prior to conference, submit inquiries to Ms. December 31, 2015. the meeting to Ms. Springer via email. Yvette Springer at Yvette.Springer@ DATES: Effective April 25, 2017. The Assistant Secretary for bis.doc.gov, no later than May 9, 2017. FOR FURTHER INFORMATION CONTACT: Administration, with the concurrence of A limited number of seats will be Justin Neuman or Matthew Renkey, AD/ the delegate of the General Counsel, available for the public session. CVD Operations, Office V, Enforcement

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and Compliance, International Trade time for parties to raise issues regarding aligning the final countervailing duty Administration, U.S. Department of product coverage, (i.e., scope).5 Certain (CVD) determination in this Commerce, 1401 Constitution Avenue interested parties commented on the investigation with the final NW., Washington, DC 20230; telephone: scope of the investigation as it appeared determination in the companion (202) 482–0486 or (202) 482–2312, in the Initiation Notice. We have antidumping duty (AD) investigation of respectively. evaluated the scope comments filed by hardwood plywood from the PRC based 8 SUPPLEMENTARY INFORMATION: the interested parties and are issuing on a request made by Petitioners. our preliminary decision regarding the Consequently, the final CVD Background scope of the AD and CVD investigations determination will be issued on the This preliminary determination is in conjunction with this preliminary same date as the final AD made in accordance with section 703(b) determination. We will issue final scope determination, which is currently of the Tariff Act of 1930, as amended decisions after considering any relevant scheduled to be issued no later than (Act). The Department published the comments submitted in case and August 30, 2017, unless postponed. notice of initiation of this investigation rebuttal briefs. 1 All-Others Rate on December 16, 2016. On January 27, Methodology 2017, the Department postponed the Sections 703(d) and 705(c)(5)(A) of preliminary determination of this The Department is conducting this the Act provide that in the preliminary investigation to April 17, 2017.2 For a investigation in accordance with section determination, the Department shall complete description of the events that 701 of the Act. For each of the subsidy determine an estimated all-others rate followed the initiation of this programs found countervailable, the for companies not individually investigation, see the Preliminary Department preliminarily determines examined. This rate shall be an amount Decision Memorandum.3 A list of topics that there is a subsidy, i.e., a financial equal to the weighted average of the discussed in the Preliminary Decision contribution by an ‘‘authority’’ that estimated subsidy rates established for Memorandum is included as Appendix gives rise to a benefit to the recipient, 6 those companies individually II to this notice. The Preliminary and that the subsidy is specific. examined, excluding any zero and de The Department notes that, in making Decision Memorandum is a public minimis rates and any rates based these findings, it relied, in part, on facts document and is on file electronically entirely under section 776 of the Act. In available and, because it finds that one via Enforcement and Compliance’s this investigation, the Department Antidumping and Countervailing Duty or more respondents did not act to the best of their ability to respond to the preliminarily assigned a rate based Centralized Electronic Service System entirely on facts available to Bayley (ACCESS). ACCESS is available to Department’s requests for information, it drew an adverse inference where Wood. Therefore, the only rate that is registered users at http:// not zero, de minimis, or based entirely access.trade.gov, and is available to all appropriate in selecting from among the 7 on facts otherwise available is the rate parties in the Central Records Unit, facts otherwise available. For further information, see ‘‘Use of Facts calculated for Sanfortune. Room B8024 of the main Department of Consequently, the rate calculated for Commerce building. In addition, a Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Sanfortune is also assigned as the rate complete version of the Preliminary for all-other producers and exporters. Decision Memorandum can be accessed Memorandum. directly at http://enforcement.trade.gov/ Preliminary Affirmative Determination Preliminary Determination frn/. The signed and electronic versions of Critical Circumstances, in Part The Department preliminarily of the Preliminary Decision In accordance with section 703(e)(1) determines that the following estimated Memorandum are identical in content. of the Act, the Department preliminarily countervailable subsidy rates exist: Scope of the Investigation determines that critical circumstances Subsidy The product covered by this exist with respect to imports of Company rate investigation is hardwood plywood hardwood plywood from PRC for (percent) from the PRC. For a complete Shandong Dongfang Bayley Wood Co., Dongfang Bayley Wood Co., Ltd 9 ...... 111.09 description of the scope of this Ltd. (Bayley Wood) and all other Linyi Sanfortune Wood Co., Ltd ...... 9.89 investigation, see Appendix I. exporters or producers not individually All-Others ...... 9.89 examined (including those that did not Anji Qichen Bamboo Industry Co. Ltd 10 111.09 Scope Comments Deqing Shengqiang Wood Co., Ltd ...... 111.09 respond to our quantity and value Guangxi Sunway Cen.Xi Artificial Board In accordance with the preamble to questionnaire), but do not exist with Ltd ...... 111.09 the Department’s regulations,4 the respect to Linyi Sanfortune Wood Co., Guangxi Sunway Forest Products Indus- Initiation Notice set aside a period of Ltd. (Sanfortune). For a full description try Co., Ltd ...... 111.09 Hebei Tongli Wood Co., Ltd ...... 111.09 of the methodology and results of the Heze Fulin Wood Products Co., Ltd ...... 111.09 1 See Certain Hardwood Plywood Products from Department’s analysis, see the Jiashan Minghong Wood Industry Co., the People’s Republic of China: Initiation of Preliminary Decision Memorandum. Ltd ...... 111.09 Countervailing Duty Investigation, 81 FR 91131 Jiaxing Brilliant Import & Export Co., Ltd 111.09 (December 16, 2016) (Initiation Notice). Alignment 2 See Countervailing Duty Investigation of Certain Hardwood Plywood Products from the People’s As noted in the Preliminary Decision 8 See Petitioners’ Alignment Request, dated April Republic of China: Postponement of Preliminary Memorandum, in accordance with 13, 2017. Determination, 82 FR 8605 (January 27, 2017). section 705(a)(1) of the Act and 19 CFR 9 As discussed in the Preliminary Decision 3 See Memorandum, ‘‘Decision Memorandum for 351.210(b)(4), the Department is Memorandum, the Department has found that the Preliminary Determination of the Bayley Wood is cross-owned with Linyi Yinhe Countervailing Duty Investigation of Certain Panel Factory (Yinhe Panel), a producer of subject Hardwood Plywood Products from the People’s 5 See Initiation Notice. merchandise. The Department also applied total Republic of China,’’ dated concurrently with, and 6 See sections 771(5)(B) and (D) of the Act adverse facts available (AFA) to Bayley Wood and hereby adopted by, this notice (Preliminary regarding financial contribution; section 771(5)(E) Yinhe Panel. Decision Memorandum). of the Act regarding benefit; and section 771(5A) of 10 This company and those listed below are 4 See Antidumping Duties; Countervailing Duties, the Act regarding specificity. receiving the AFA rate because they did not Final Rule, 62 FR 27296, 27323 (May 19, 1997). 7 See sections 776(a) and (b) of the Act. respond to our quantity and value questionnaire.

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Subsidy withdrawn from warehouse, for encouraged to submit with each Company rate consumption on or after the date of argument: (1) A statement of the issue; (percent) publication of this notice in the Federal (2) a brief summary of the argument; Joc Yuantai International Trading Co., Register. Further, pursuant to 19 CFR and (3) a table of authorities. Ltd ...... 111.09 351.205(d), the Department will instruct Pursuant to 19 CFR 351.310(c), Keens Products ...... 111.09 CBP to require a cash deposit equal to interested parties who wish to request a King Sheng ...... 111.09 Kunming Alston Ast Wood Products Co., the rates indicated above. hearing, limited to issues raised in the Ltd ...... 111.09 Section 703(e)(2) of the Act provides case and rebuttal briefs, must submit a Langfang Baomujie Wood Co., Ltd ...... 111.09 that, given an affirmative determination written request to the Assistant Larkcop International Co., Ltd ...... 111.09 of critical circumstances, any Secretary for Enforcement and Linyi Cathay Pacific Wood Factory ...... 111.09 Linyi Celtic Wood Co., Ltd ...... 111.09 suspension of liquidation shall apply to Compliance, U.S. Department of Linyi Dongri Plywood Co., Ltd ...... 111.09 unliquidated entries of merchandise Commerce within 30 days after the date Linyi Hongma ...... 111.09 entered, or withdrawn from warehouse, of publication of this notice. Requests Linyi Jinhua Wood Co., Ltd ...... 111.09 for consumption on or after the later of should contain the party’s name, Linyi Kai Yi Arts and Crafts Co., Ltd ...... 111.09 Linyi Laiyi Timber Industry Co., Ltd ...... 111.09 (a) the date which is 90 days before the address, and telephone number, the Linyi Lianyi Wood Co., Ltd ...... 111.09 date on which the suspension of number of participants, whether any Linyi Raya Commerce ...... 111.09 liquidation was first ordered, or (b) the participant is a foreign national, and a Linyi Yutai Wood Co., Ltd ...... 111.09 date on which notice of initiation of the list of the issues to be discussed. If a Lishui Liancheng Pencil Manufacturing investigation was published. The Co., Ltd ...... 111.09 request for a hearing is made, the Mol Consolidation Service ...... 111.09 Department preliminarily finds that Department intends to hold the hearing Ningbo Asia Pulp and Paper ...... 111.09 critical circumstances exist for imports at the U.S. Department of Commerce, Ningbo Zhonghua Paper ...... 111.09 of subject merchandise produced and/or 1401 Constitution Avenue NW., Qiangsheng Wood Co., Ltd ...... 111.09 exported by Bayley Wood and all other Washington, DC 20230, at a time and Qingdao Liansheng International Trading 111.09 13 Qufu Shengda Wood Co., Ltd ...... 111.09 exporters or producers not date to be determined. Parties should Shandong Fengtai Wood Co., Ltd ...... 111.09 individually examined. In accordance confirm by telephone the date, time, and Shandong Hongyang Fire Resistant ...... 111.09 with section 703(e)(2)(A) of the Act, the location of the hearing two days before Shandong Xingang Group ...... 111.09 suspension of liquidation shall apply to Shanghai Sunshine Decorative Materials the scheduled date. Co., Ltd ...... 111.09 unliquidated entries of merchandise Shenghe Wood Company Ltd ...... 111.09 from the exporters/producers identified International Trade Commission Shouguang Evergreen Im & Ex Co. in this paragraph that were entered, or Notification Ltd 11 ...... 111.09 withdrawn from warehouse, for In accordance with section 703(f) of Shouguang Taizhong Wood Co., Ltd ...... 111.09 Siyang Jiayuan Woodindustry Co., Ltd ... 111.09 consumption on or after the date which the Act, the Department will notify the Siyang Senda Wood Industry Co., Ltd ... 111.09 is 90 days before the publication of this International Trade Commission (ITC) of Suqian Bairun Wood Industry Co., Ltd ... 111.09 notice. its determination. If the final Suqian Foreign Trade Co., Ltd ...... 111.09 determination is affirmative, the ITC Suqian Sulu Wood Industry Co., Ltd 12 ... 111.09 Disclosure Suzbou Dong He Wood Co., Ltd ...... 111.09 will determine before the later of 120 Tianjin Canex ...... 111.09 The Department intends to disclose days after the date of this preliminary Tianjin Zhanye Metal Products Co., Ltd 111.09 its calculations and analysis performed determination or 45 days after the final Xuzhou Fuyuan Wood Co., Ltd ...... 111.09 to interested parties in this preliminary determination. Xuzhou Hongwei Wood Co., Ltd ...... 111.09 determination within five days of its Xuzhou Ruilin Timber Co., Ltd ...... 111.09 Notification to Interested Parties Xuzhou Shenghe Wood Products ...... 111.09 public announcement, or if there is no Xuzhou Woodhi Trading Co. Ltd ...... 111.09 public announcement, within five days This determination is issued and Xuzhou Yishun Brightwood Co. Ltd ...... 111.09 of the date of this notice in accordance published pursuant to sections 703(f) Xuzhou Zhongda Building Materials Co., with 19 CFR 351.224(b). and 777(i) of the Act and 19 CFR Ltd ...... 111.09 Xuzhou Zhongyuan Wood Co., Ltd ...... 111.09 Verification 351.205(c). Yixing Lion-King Timber Industry Co., Dated: April 17, 2017. Ltd ...... 111.09 As provided in section 782(i)(1) of the Zhejiang Deqing Shengqiang Wood Co., Act, the Department intends to verify Ronald K. Lorentzen, Ltd ...... 111.09 the information relied upon in making Acting Assistant Secretary for Enforcement Zhejiang Fuerjia Wooden Company ...... 111.09 its final determination. and Compliance. Zhejiang Jufeng Wood Co., Ltd ...... 111.09 Zhejiang Xinyuan Bamboo Products Co., Public Comment Appendix I Ltd ...... 111.09 Zhejiang Yongyu Bamboo Joint-Stock Case briefs or other written comments Scope of the Investigation Co., Ltd ...... 111.09 may be submitted to the Assistant The merchandise subject to this Secretary for Enforcement and investigation is hardwood and decorative Suspension of Liquidation Compliance no later than seven days plywood, and certain veneered panels as In accordance with section after the date on which the last described below. For purposes of this proceeding, hardwood and decorative 703(d)(1)(B) and (d)(2) of the Act, the verification report is issued in this investigation. Rebuttal briefs, limited to plywood is defined as a generally flat, Department will direct U.S. Customs multilayered plywood or other veneered and Border Protection (CBP) to suspend issues raised in case briefs, may be panel, consisting of two or more layers or liquidation of entries of subject submitted no later than five days after plies of wood veneers and a core, with the 14 merchandise as described in the scope the deadline date for case briefs. face and/or back veneer made of non- of the investigation section entered, or Pursuant to 19 CFR 351.309(c)(2) and coniferous wood (hardwood) or bamboo. The (d)(2), parties who submit case briefs or veneers, along with the core may be glued or otherwise bonded together. Hardwood and 11 This company was listed as having the rebuttal briefs in this investigation are following two ‘‘aka’’ names: Shouguang Evergreen decorative plywood may include products Co., Ltd. and Weifang Evergreen Wood Co., Ltd. 13 This includes those companies that are that meet the American National Standard for 12 This company was listed as having the receiving the AFA rate, as described in footnote 10. Hardwood and Decorative Plywood, ANSI/ following ‘‘aka’’ name: Suqian Sulu Import and 14 See 19 CFR 351.309; see also 19 CFR 351.303 HPVA HP–1–2016 (including any revisions Export Trading. (for general filing requirements). to that standard).

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For purposes of this investigation a Flooring from the People’s Republic of China, 4412.32.3125; 4412.32.3135; 4412.32.3155; ‘‘veneer’’ is a slice of wood regardless of 76 FR 76690 (December 8, 2011) (amended 4412.32.3165; 4412.32.3175; 4412.32.3185; thickness which is cut, sliced or sawed from final determination of sales at less than fair 4412.32.5600; 4412.94.1030; 4412.94.1050; a log, bolt, or flitch. The face and back value and antidumping duty order), and 4412.94.3105; 4412.94.3111; 4412.94.3121; veneers are the outermost veneer of wood on Multilayered Wood Flooring from the 4412.94.3141; 4412.94.3161; 4412.94.3175; either side of the core irrespective of People’s Republic of China, 76 FR 76693 4412.94.4100; 4412.99.0600; 4412.99.1020; additional surface coatings or covers as (December 8, 2011) (countervailing duty 4412.99.1030; 4412.99.1040; 4412.99.3110; described below. order), as amended by Multilayered Wood 4412.99.3120; 4412.99.3130; 4412.99.3140; The core of hardwood and decorative Flooring from the People’s Republic of China: 4412.99.3150; 4412.99.3160; 4412.99.3170; plywood consists of the layer or layers of one Amended Antidumping and Countervailing 4412.99.4100; 4412.99.5115; and or more material(s) that are situated between Duty Orders, 77 FR 5484 (February 3, 2012); 4412.99.5710. the face and back veneers. The core may be (4) multilayered wood flooring with a face Imports of hardwood plywood may also composed of a range of materials, including veneer of bamboo or composed entirely of enter under HTSUS subheadings but not limited to hardwood, softwood, bamboo; (5) plywood which has a shape or 4412.39.1000; 4412.39.3000; 4412.39.4011; particleboard, or medium-density fiberboard design other than a flat panel, with the 4412.39.4012; 4412.39.4019; 4412.39.4031; (MDF). exception of any minor processing described 4412.39.4032; 4412.39.4039; 4412.39.4051; All hardwood plywood is included within above; (6) products made entirely from 4412.39.4052; 4412.39.4059; 4412.39.4061; the scope of this investigation regardless of bamboo and adhesives (also known as ‘‘solid 4412.39.4062; 4412.39.4069; 4412.39.5010; whether or not the face and/or back veneers bamboo’’); and (7) Phenolic Film Faced 4412.39.5030; 4412.39.5050; 4412.99.6000; are surface coated or covered and whether or Plyform (PFF), also known as Phenolic 4412.99.7000; 4412.99.8000; 4412.99.9000; not such surface coating(s) or covers obscures Surface Film Plywood (PSF), defined as a 4412.10.9000; 4412.94.5100; 4412.94.9500; the grain, textures, or markings of the wood. panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’ and 4412.99.9500. While the HTSUS Examples of surface coatings and covers bond classification as is defined by The subheadings are provided for convenience include, but are not limited to: Ultra violet Engineered Wood Association, having an and customs purposes, the written light cured polyurethanes; oil or oil-modified opaque phenolic film layer with a weight description of the scope of this investigation or water based polyurethanes; wax; epoxy- equal to or greater than 90g/m3 permanently is dispositive. ester finishes; moisture-cured urethanes; bonded on both the face and back veneers paints; stains; paper; aluminum; high and an opaque, moisture resistant coating Appendix II pressure laminate; MDF; medium density applied to the edges. List of Topics Discussed in the Preliminary overlay (MDO); and phenolic film. Excluded from the scope of these Decision Memorandum Additionally, the face veneer of hardwood investigations are wooden furniture goods I. Summary plywood may be sanded; smoothed or given that, at the time of importation, are fully II. Background a ‘‘distressed’’ appearance through such assembled and are ready for their intended III. Alignment methods as hand-scraping or wire brushing. uses. Also excluded from the scope of these IV. Scope Comments All hardwood plywood is included within investigations is ‘‘ready to assemble’’ V. Scope of the Investigation the scope even if it is trimmed; cut-to-size; (‘‘RTA’’) furniture. RTA furniture is defined VI. Injury Test notched; punched; drilled; or has underwent as furniture packaged for sale for ultimate VII. Application of the CVD Law to Imports other forms of minor processing. purchase by an end-user that, at the time of From the PRC All hardwood and decorative plywood is importation, includes (1) all wooden VIII. Preliminary Determination of Critical included within the scope of this components (in finished form) required to Circumstances investigation, without regard to dimension assemble a finished unit of furniture, (2) all IX. Subsidies Valuation (overall thickness, thickness of face veneer, accessory parts (e.g., screws, washers, X. Benchmarks and Interest Rates thickness of back veneer, thickness of core, dowels, nails, handles, knobs, adhesive XI. Use of Facts Otherwise Available and thickness of inner veneers, width, or length). glues) required to assemble a finished unit of Adverse Inferences However, the most common panel sizes of furniture, and (3) instructions providing XII. Analysis of Programs hardwood and decorative plywood are 1219 guidance on the assembly of a finished unit XIII. ITC Notification x 1829 mm (48 x 72 inches), 1219 x 2438 mm of furniture. XIV. Disclosure and Public Comment (48 x 96 inches), and 1219 x 3048 mm (48 Excluded from the scope are kitchen XV. Verification x 120 inches). cabinets that, at the time of importation, are XVI. Conclusion Subject merchandise also includes fully assembled and are ready for their hardwood and decorative plywood that has intended uses. Also excluded from the scope [FR Doc. 2017–08328 Filed 4–24–17; 8:45 am] been further processed in a third country, of these investigations are RTA kitchen BILLING CODE 3510–DS–P including but not limited to trimming, cabinets. RTA kitchen cabinets are defined as cutting, notching, punching, drilling, or any kitchen cabinets packaged for sale for other processing that would not otherwise ultimate purchase by an end-user that, at the DEPARTMENT OF COMMERCE remove the merchandise from the scope of time of importation, includes (1) all wooden the investigation if performed in the country components (in finished form) required to International Trade Administration of manufacture of the in-scope product. assemble a finished unit of cabinetry, (2) all The scope of the investigation excludes the accessory parts (e.g., screws, washers, [A–570–967, C–570–968] following items: (1) Structural plywood (also dowels, nails, handles, knobs, hooks, known as ‘‘industrial plywood’’ or adhesive glues) required to assemble a Aluminum Extrusions From the ‘‘industrial panels’’) that is manufactured to finished unit of cabinetry, and (3) People’s Republic of China: meet U.S. Products Standard PS 1–09, PS 2– instructions providing guidance on the Continuation of Antidumping and 09, or PS 2–10 for Structural Plywood assembly of a finished unit of cabinetry. Countervailing Duty Orders (including any revisions to that standard or Imports of hardwood plywood are any substantially equivalent international primarily entered under the following AGENCY: Enforcement and Compliance, standard intended for structural plywood), Harmonized Tariff Schedule of the United International Trade Administration, and which has both a face and a back veneer States (HTSUS) subheadings: 4412.10.0500; Department of Commerce. of coniferous wood; (2) products which have 4412.31.0520; 4412.31.0540; 4412.31.0560; SUMMARY: As a result of the a face and back veneer of cork; (3) 4412.31.2510; 4412.31.2520; 4412.31.4040; determinations by the Department of multilayered wood flooring, as described in 4412.31.4050; 4412.31.4060; 4412.31.4075; the antidumping duty and countervailing 4412.31.4080; 4412.31.5125; 4412.31.5135; Commerce (Department) and the duty orders on Multilayered Wood Flooring 4412.31.5155; 4412.31.5165; 4412.31.5175; International Trade Commission (ITC) from the People’s Republic of China, Import 4412.31.6000; 4412.31.9100; 4412.32.0520; that revocation of the antidumping duty Administration, International Trade 4412.32.0540; 4412.32.0565; 4412.32.0570; (AD) and countervailing duty (CVD) Administration. See Multilayered Wood 4412.32.2510; 4412.32.2525; 4412.32.2530; orders on aluminum extrusions from the

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People’s Republic of China would likely alloys having metallic elements The subject merchandise includes lead to a continuation or recurrence of corresponding to the alloy series aluminum extrusions that are finished dumping and countervailable subsidies designations published by The (coated, painted, etc.), fabricated, or any and material injury to an industry in the Aluminum Association commencing combination thereof. Subject aluminum United States, the Department is with the numbers 1, 3, and 6 (or extrusions may be described at the time publishing a notice of continuation of proprietary equivalents or other of importation as parts for final finished the AD and CVD orders. certifying body equivalents). products that are assembled after DATES: Effective April 25, 2017. Specifically, the subject merchandise importation, including, but not limited FOR FURTHER INFORMATION CONTACT: made from aluminum alloy with an to, window frames, door frames, solar Tyler Weinhold or Deborah Scott, AD/ Aluminum Association series panels, curtain walls, or furniture. Such CVD Operations, Office VI, Enforcement designation commencing with the parts that otherwise meet the definition and Compliance, International Trade number 1 contains not less than 99 of aluminum extrusions are included in Administration, U.S. Department of percent aluminum by weight. The the scope. The scope includes the Commerce, 1401 Constitution Avenue subject merchandise made from aluminum extrusion components that NW., Washington, DC 20230; telephone: aluminum alloy with an Aluminum are attached (e.g., by welding or (202) 482–1121 or (202) 482–2657, Association series designation fasteners) to form subassemblies, i.e., respectively. commencing with the number 3 partially assembled merchandise unless contains manganese as the major imported as part of the finished goods SUPPLEMENTARY INFORMATION: alloying element, with manganese ‘kit’ defined further below. The scope Background accounting for not more than 3.0 does not include the non-aluminum On April 1, 2016, the Department percent of total materials by weight. The extrusion components of subassemblies published the notice of initiation of the subject merchandise is made from an or subject kits. Subject extrusions may be identified first sunset reviews of the AD and CVD aluminum alloy with an Aluminum with reference to their end use, such as orders on aluminum extrusions from the Association series designation fence posts, electrical conduits, door People’s Republic of China, pursuant to commencing with the number 6 thresholds, carpet trim, or heat sinks section 751(c) of the Tariff Act of 1930, contains magnesium and silicon as the (that do not meet the finished heat sink as amended (the Act).1 As a result of the major alloying elements, with exclusionary language below). Such reviews, the Department determined magnesium accounting for at least 0.1 goods are subject merchandise if they that revocation of the AD order would percent but not more than 2.0 percent of otherwise meet the scope definition, likely lead to a continuation or total materials by weight, and silicon regardless of whether they are ready for recurrence of dumping, and that accounting for at least 0.1 percent but use at the time of importation. The revocation of the CVD order would not more than 3.0 percent of total following aluminum extrusion products likely lead to continuation or recurrence materials by weight. The subject are excluded: Aluminum extrusions of countervailable subsidies.2 The aluminum extrusions are properly made from aluminum alloy with an Department, therefore, notified the ITC identified by a four-digit alloy series Aluminum Association series of the magnitude of the dumping without either a decimal point or designations commencing with the margins and net countervailable subsidy leading letter. Illustrative examples from number 2 and containing in excess of rates likely to prevail should the AD and among the approximately 160 registered 1.5 percent copper by weight; aluminum CVD orders be revoked. On March 27, alloys that may characterize the subject extrusions made from aluminum alloy 2017, the ITC published notice of its merchandise are as follows: 1350, 3003, with an Aluminum Association series determination, pursuant to sections and 6060. Aluminum extrusions are produced designation commencing with the 751(c) and 752(a) of the Act, that and imported in a wide variety of number 5 and containing in excess of revocation of the AD and CVD orders on shapes and forms, including, but not 1.0 percent magnesium by weight; and aluminum extrusions from the People’s limited to, hollow profiles, other solid aluminum extrusions made from Republic of China would likely lead to profiles, pipes, tubes, bars, and rods. aluminum alloy with an Aluminum a continuation or recurrence of material Aluminum extrusions that are drawn Association series designation injury to an industry in the United subsequent to extrusion (drawn commencing with the number 7 and States within a reasonably foreseeable 3 aluminum) are also included in the containing in excess of 2.0 percent zinc time. scope. by weight. Scope of the Orders Aluminum extrusions are produced The scope also excludes finished and imported with a variety of finishes merchandise containing aluminum The merchandise covered by the (both coatings and surface treatments), extrusions as parts that are fully and orders is aluminum extrusions which and types of fabrication. The types of permanently assembled and completed are shapes and forms, produced by an coatings and treatments applied to at the time of entry, such as finished extrusion process, made from aluminum subject aluminum extrusions include, windows with glass, doors with glass or but are not limited to, extrusions that vinyl, picture frames with glass pane 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 81 FR 18829 (April 1, 2016). are mill finished (i.e., without any and backing material, and solar panels. 2 See Aluminum Extrusions From the People’s coating or further finishing), brushed, The scope also excludes finished goods Republic of China: Final Results of Expedited First buffed, polished, anodized (including containing aluminum extrusions that Sunset Review of the Antidumping Duty Order, 81 brightdip anodized), liquid painted, or are entered unassembled in a ‘‘finished FR 51855 (August 5, 2016) (AD Final Results), and powder coated. Aluminum extrusions goods kit.’’ A finished goods kit is Aluminum Extrusions From the People’s Republic of China: Final Results of Expedited First Sunset may also be fabricated, i.e., prepared for understood to mean a packaged Review of the Countervailing Duty Order, 81 FR assembly. Such operations would combination of parts that contains, at 51858 (August 5, 2016) (CVD Final Results). include, but are not limited to, the time of importation, all of the 3 See Certain Aluminum Extrusions From China: extrusions that are cut-to-length, necessary parts to fully assemble a final Investigation Nos. 701–TA–475 and 731–TA–1177, 792 (Review), USITC Publication 4677 (March machined, drilled, punched, notched, finished good and requires no further 2016); see also Aluminum Extrusions From China bent, stretched, knurled, swedged, finishing or fabrication, such as cutting Determinations, 82 FR 15716 (March 30, 2017). mitered, chamfered, threaded, and spun. or punching, and is assembled ‘‘as is’’

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into a finished product. An imported 8302.41.30.00, 8302.41.60.15, to section 751(d)(2) of the Act and 19 product will not be considered a 8302.41.60.45, 8302.41.60.50, CFR 351.218(a), the Department hereby ‘‘finished goods kit’’ and therefore 8302.41.60.80, 8302.42.30.10, orders the continuation of the AD and excluded from the scope of the 8302.42.30.15, 8302.42.30.65, CVD orders on aluminum extrusions investigation merely by including 8302.49.60.35, 8302.49.60.45, from the People’s Republic of China. fasteners such as screws, bolts, etc. in 8302.49.60.55, 8302.49.60.85, U.S. Customs and Border Protection the packaging with an aluminum 8302.50.00.00, 8302.60.90.00, will continue to collect AD and CVD extrusion product. 8305.10.00.50, 8306.30.00.00, cash deposits at the rates in effect at the The scope also excludes aluminum 8414.59.60.90, 8415.90.80.45, time of entry for all imports of subject alloy sheet or plates produced by other 8418.99.80.05, 8418.99.80.50, merchandise. The effective date of the than the extrusion process, such as 8418.99.80.60, 8419.90.10.00, continuation of the orders will be the aluminum products produced by a 8422.90.06.40, 8473.30.20.00, date of publication in the Federal method of casting. Cast aluminum 8473.30.51.00, 8479.90.85.00, Register of this notice of continuation. products are properly identified by four 8486.90.00.00, 8487.90.00.80, Pursuant to section 751(c)(2) of the Act, digits with a decimal point between the 8503.00.95.20, 8508.70.00.00, the Department intends to initiate the third and fourth digit. A letter may also 8515.90.20.00, 8516.90.50.00, next five-year sunset reviews of the precede the four digits. The following 8516.90.80.50, 8517.70.00.00, orders not later than 30 days prior to the Aluminum Association designations are 8529.90.73.00, 8529.90.97.60, fifth anniversary of the effective date of representative of aluminum alloys for 8536.90.80.85, 8538.10.00.00, continuation. casting: 208.0, 295.0, 308.0, 355.0, 8543.90.88.80, 8708.29.50.60, These five-year sunset reviews and C355.0, 356.0, A356.0, A357.0, 360.0, 8708.80.65.90, 8803.30.00.60, this notice are in accordance with 366.0, 380.0, A380.0, 413.0, 443.0, 9013.90.50.00, 9013.90.90.00, section 751(c) of the Act and published 514.0, 518.1, and 712.0. The scope also 9401.90.50.81, 9403.90.10.40, pursuant to section 777(i)(1) of the Act excludes pure, unwrought aluminum in 9403.90.10.50, 9403.90.10.85, and 19 CFR 351.218(f)(4). any form. 9403.90.25.40, 9403.90.25.80, Dated: April 19, 2017. The scope also excludes collapsible 9403.90.40.05, 9403.90.40.10, Ronald K. Lorentzen, tubular containers composed of metallic 9403.90.40.60, 9403.90.50.05, Acting Assistant Secretary for Enforcement elements corresponding to alloy code 9403.90.50.10, 9403.90.50.80, and Compliance. 1080A as designated by the Aluminum 9403.90.60.05, 9403.90.60.10, [FR Doc. 2017–08352 Filed 4–24–17; 8:45 am] Association where the tubular container 9403.90.60.80, 9403.90.70.05, BILLING CODE 3510–DS–P (excluding the nozzle) meets each of the 9403.90.70.10, 9403.90.70.80, following dimensional characteristics: 9403.90.80.10, 9403.90.80.15, (1) Length of 37 millimeters (‘‘mm’’) or 9403.90.80.20, 9403.90.80.41, COMMITTEE FOR THE 62 mm, (2) outer diameter of 11.0 mm 9403.90.80.51, 9403.90.80.61, IMPLEMENTATION OF TEXTILE or 12.7 mm, and (3) wall thickness not 9506.11.40.80, 9506.51.40.00, AGREEMENTS exceeding 0.13 mm. 9506.51.60.00, 9506.59.40.40, Also excluded from the scope of these 9506.70.20.90, 9506.91.00.10, Determination Under the Textile and orders are finished heat sinks. Finished 9506.91.00.20, 9506.91.00.30, Apparel Commercial Availability heat sinks are fabricated heat sinks 9506.99.05.10, 9506.99.05.20, Provision of the Dominican Republic- made from aluminum extrusions the 9506.99.05.30, 9506.99.15.00, Central America-United States Free design and production of which are 9506.99.20.00, 9506.99.25.80, Trade Agreement (‘‘CAFTA–DR organized around meeting certain 9506.99.28.00, 9506.99.55.00, Agreement’’) specified thermal performance 9506.99.60.80, 9507.30.20.00, requirements and which have been 9507.30.40.00, 9507.30.60.00, AGENCY: Committee for the fully, albeit not necessarily 9507.90.60.00, and 9603.90.80.50. Implementation of Textile Agreements. individually, tested to comply with The subject merchandise entered as ACTION: Determination to add a product such requirements. parts of other aluminum products may in unrestricted quantities to Annex 3.25 Imports of the subject merchandise be classifiable under the following of the CAFTA–DR Agreement. are provided for under the following additional Chapter 76 subheadings: categories of the Harmonized Tariff 7610.10, 7610.90, 7615.19, 7615.20, and DATES: Effective Date: April 25, 2017. Schedule of the United States (HTSUS): 7616.99, as well as under other HTSUS SUMMARY: The Committee for the 7616.99.51, 8479.89.94, 8481.90.9060, chapters. In addition, fin evaporator Implementation of Textile Agreements 8481.90.9085, 9031.90.9195, coils may be classifiable under HTSUS (‘‘CITA’’) has determined that certain 8424.90.9080, 9405.99.4020, numbers: 8418.99.80.50 and woven modal-polyester print fabric, as 9031.90.90.95, 7616.10.90.90, 8418.99.80.60. While HTSUS specified below, is not available in 7609.00.00, 7610.10.00, 7610.90.00, subheadings are provided for commercial quantities in a timely 7615.10.30, 7615.10.71, 7615.10.91, convenience and customs purposes, the manner in the CAFTA–DR countries. 7615.19.10, 7615.19.30, 7615.19.50, written descriptions of the scope of The product will be added to the list in 7615.19.70, 7615.19.90, 7615.20.00, these orders are dispositive. Annex 3.25 of the CAFTA–DR 7616.99.10, 7616.99.50, 8479.89.98, Agreement in unrestricted quantities. Continuation of the Orders 8479.90.94, 8513.90.20, 9403.10.00, FOR FURTHER INFORMATION CONTACT: 9403.20.00, 7604.21.00.00, As a result of the determinations by Maria Goodman, Office of Textiles and 7604.29.10.00, 7604.29.30.10, the Department and the ITC that Apparel, U.S. Department of Commerce, 7604.29.30.50, 7604.29.50.30, revocation of the AD order and the CVD (202) 482–3651. 7604.29.50.60, 7608.20.00.30, order would likely lead to a For Further Information Online: 7608.20.00.90, 8302.10.30.00, continuation or recurrence of dumping http://web.ita.doc.gov/tacgi/ 8302.10.60.30, 8302.10.60.60, and countervailable subsidies, CaftaReqTrack.nsf under ‘‘Approved 8302.10.60.90, 8302.20.00.00, respectively, and material injury to an Requests,’’ Reference number: 8302.30.30.10, 8302.30.30.60, industry in the United States, pursuant 208.2017.03.20.Fabric.BWAandDillards

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SUPPLEMENTARY INFORMATION: proceedings. In its notification, CITA DEPARTMENT OF EDUCATION Authority: The CAFTA–DR advised that anyResponse with an Offer [Docket No. ED–2017–ICCD–0053] Agreement; Section 203(o)(4) of the to Supply (‘‘Response’’) must be Dominican Republic-Central America- submitted by April 3, 2017, and any Agency Information Collection United States Free Trade Agreement Rebuttal Comments to a Response must Activities; Comment Request; Federal Implementation Act (‘‘CAFTA–DR be submitted by April 7, 2017, in Direct Loan Program and Federal Implementation Act’’), Public Law 109– accordance with sections 6 and 7 of Family Education Loan Program 53; the Statement of Administrative CITA’s procedures. No interested entity Teacher Loan Forgiveness Forms Action, accompanying the CAFTA–DR submitted a Response to the Request Implementation Act; and Presidential AGENCY: Federal Student Aid (FSA), advising CITA of its objection to the Proclamations 7987 (February 28, 2006) Department of Education (ED). Request and its offer to supply the and 7996 (March 31, 2006). ACTION: subject product. In accordance with Notice. Background section 203(o)(4)(C) of the CAFTA–DR SUMMARY: In accordance with the The CAFTA–DR Agreement provides Implementation Act, and section 8(c)(2) Paperwork Reduction Act of 1995, ED is a list in Annex 3.25 for fabrics, yarns, of CITA’s procedures, as no interested proposing an extension of an existing and fibers that the Parties to the entity submitted a Response objecting to information collection. CAFTA–DR Agreement have the Request and providing an offer to DATES: Interested persons are invited to determined are not available in supply the subject product, CITA has submit comments on or before June 26, commercial quantities in a timely determined to add the specified fabric to 2017. manner in the territory of any Party. The the list in Annex 3.25 of the CAFTA– ADDRESSES: To access and review all the CAFTA–DR Agreement provides that DR Agreement. documents related to the information this list may be modified pursuant to The subject product has been added collection listed in this notice, please Article 3.25.4 and 3.25.5, when the use http://www.regulations.gov by President of the United States to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted searching the Docket ID number ED– determines that a fabric, yarn, or fiber is 2017–ICCD–0053. Comments submitted not available in commercial quantities quantities. A revised list has been posted on the dedicated Web site for in response to this notice should be in a timely manner in the territory of submitted electronically through the any Party. See Annex 3.25 of the CAFTA–DR Commercial Availability proceedings, at http://otexa.trade.gov/ Federal eRulemaking Portal at http:// CAFTA–DR Agreement; see also section www.regulations.gov by selecting the 203(o)(4)(C) of the CAFTA–DR caftaannex325.htm. Docket ID number or via postal mail, Implementation Act. commercial delivery, or hand delivery. The CAFTA–DR Implementation Act Specifications requires the President to establish Please note that comments submitted by Certain Woven Modal-Polyester Print fax or email and those submitted after procedures governing the submission of Fabric a request and providing opportunity for the comment period will not be interested entities to submit comments HTSUS: 5516.14; 5516.24. accepted. Written requests for and supporting evidence before a information or comments submitted by Fiber Content: 52–95% spun modal postal mail or delivery should be commercial availability determination is rayon; 5–48% filament polyester. made. In Presidential Proclamations addressed to the Director of the 7987 and 7996, the President delegated Yarn Size: Information Collection Clearance to CITA the authority under section Division, U.S. Department of Education, Spun Modal Rayon—32/1 to 88/1 400 Maryland Avenue SW., LBJ, Room 203(o)(4) of CAFTA–DR Implementation (metric) Act for modifying the Annex 3.25 list. 224–82, Washington, DC 20202–4537. Pursuant to this authority, on September Filament Polyester—52 to 122 FOR FURTHER INFORMATION CONTACT: For 15, 2008, CITA published modified (metric) specific questions related to collection procedures it would follow in activities, please contact Jon Utz, 202– Thread Count: 31 to 60 warp ends per 377–4040. considering requests to modify the cm (metric); 25 to 40 filling picks per SUPPLEMENTARY INFORMATION: The Annex 3.25 list of products determined cm (metric). to be not commercially available in the Department of Education (ED), in territory of any Party to CAFTA–DR Weave type: Plain weave, or twill or accordance with the Paperwork (Modifications to Procedures for dobby or jacquard or oxford or satin. Reduction Act of 1995 (PRA) (44 U.S.C. Considering Requests Under the Weight: 100–300 grams per sq. meter. 3506(c)(2)(A)), provides the general public and Federal agencies with an Commercial Availability Provision of Width: 137 to 153 cm (metric). the Dominican Republic-Central opportunity to comment on proposed, America-United States Free Trade Coloration: Print. revised, and continuing collections of Agreement, 73 FR 53200) (‘‘CITA’s Finishing processes: Sandwash in information. This helps the Department procedures’’). combination with or without one or assess the impact of its information On March 20, 2017, the Chairman of more of the following: Wicking, UV collection requirements and minimize CITA received a request for a blocker, peached, stain-resistant, Teflon the public’s reporting burden. It also Commercial Availability determination finish, insect resistance. helps the public understand the (‘‘Request’’) from BWA Inc. (‘‘BWA’’) Department’s information collection and Dillard’s Inc. for certain woven Terry Labat, requirements and provide the requested modal-polyester print fabric. On March Acting Chairman, Committee for the data in the desired format. ED is 21, 2017, in accordance with CITA’s Implementation of Textile Agreements. soliciting comments on the proposed procedures, CITA notified interested [FR Doc. 2017–08278 Filed 4–24–17; 8:45 am] information collection request (ICR) that parties of the Request, which was BILLING CODE 3510–DR–P is described below. The Department of posted on the dedicated Web site for Education is especially interested in CAFTA–DR Commercial Availability public comment addressing the

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following issues: (1) Is this collection DEPARTMENT OF EDUCATION Education is especially interested in necessary to the proper functions of the public comment addressing the [Docket No.: ED–2017–ICCD–0055] Department; (2) will this information be following issues: (1) Is this collection processed and used in a timely manner; Agency Information Collection necessary to the proper functions of the (3) is the estimate of burden accurate; Activities; Comment Request; Department; (2) will this information be (4) how might the Department enhance International Early Learning Study processed and used in a timely manner; the quality, utility, and clarity of the (IELS) 2018 Field Test Data Collection (3) is the estimate of burden accurate; information to be collected; and (5) how and Main Study Recruitment (4) how might the Department enhance might the Department minimize the the quality, utility, and clarity of the burden of this collection on the AGENCY: National Center for Education information to be collected; and (5) how respondents, including through the use Statistics (NCES), Department of might the Department minimize the Education (ED). of information technology. Please note burden of this collection on the respondents, including through the use that written comments received in ACTION: Notice. of information technology. Please note response to this notice will be SUMMARY: In accordance with the that written comments received in considered public records. Paperwork Reduction Act of 1995, ED is response to this notice will be Title of Collection: Federal Direct proposing a revision of an existing considered public records. Loan Program and Federal Family information collection. Title of Collection: International Early Education Loan Program Teacher Loan DATES: Interested persons are invited to Learning Study (IELS) 2018 Field Test Forgiveness Forms. submit comments on or before June 26, Data Collection and Main Study OMB Control Number: 1845–0059. 2017. Recruitment. ADDRESSES: To access and review all the OMB Control Number: 1850–0936. Type of Review: An extension of an documents related to the information Type of Review: A revision of an existing information collection. collection listed in this notice, please existing information collection. Respondents/Affected Public: use http://www.regulations.gov by Respondents/Affected Public: Individuals or Households. Individuals or Households. searching the Docket ID number ED– Total Estimated Number of Annual 2017–ICCD–0055. Comments submitted Total Estimated Number of Annual Responses: 6,309. Responses: 8,700. in response to this notice should be Total Estimated Number of Annual submitted electronically through the Total Estimated Number of Annual Burden Hours: 2,563. Federal eRulemaking Portal at http:// Burden Hours: 2,871. Abstract: The International Early www.regulations.gov by selecting the Learning Study (IELS), scheduled to be Abstract: The Teacher Loan Docket ID number or via postal mail, conducted in 2018, is a new study Forgiveness (TLF) Application serves as commercial delivery, or hand delivery. sponsored by the Organization for the means by which an eligible Direct Please note that comments submitted by Economic Cooperation and Loan or FFEL program borrower who fax or email and those submitted after Development (OECD), an has completed five consecutive years of the comment period will not be intergovernmental organization of qualifying teaching service applies for accepted. Written requests for industrialized countries. In the United forgiveness of up to $5,000 or up to information or comments submitted by States, the IELS is conducted by the $17,500 of his or her eligible loans. postal mail or delivery should be National Center for Education Statistics Eligible special education teachers and addressed to the Director of the (NCES). The IELS focuses on young secondary school math or science Information Collection Clearance children and their cognitive and non- teachers may receive a maximum of Division, U.S. Department of Education, cognitive skills and competencies as $17,500 in loan forgiveness. Other 400 Maryland Avenue SW., LBJ, Room they transition to primary school. The teachers may receive a maximum of 224–82, Washington, DC 20202–4537. IELS is designed to examine: Children’s $5,000 in loan forgiveness. Borrowers FOR FURTHER INFORMATION CONTACT: For early learning and development in a who are working toward loan specific questions related to collection broad range of domains, including forgiveness may use the TLF activities, please contact NCES social and cognitive skills; the Forbearance Request to request a Information Collections at relationship between children’s early forbearance during some or all of their [email protected]. learning and children’s participation in required five consecutive years of SUPPLEMENTARY INFORMATION: The early childhood education and care teaching service. A prospective TLF Department of Education (ED), in (ECEC); the role of contextual factors, applicant may receive a forbearance accordance with the Paperwork including children’s individual during some or all of the five-year Reduction Act of 1995 (PRA) (44 U.S.C. characteristics and their home teaching period only if the projected 3506(c)(2)(A)), provides the general backgrounds and experiences, in balance on the borrower’s eligible loans public and Federal agencies with an promoting young children’s growth and at the end of the five-year period (if the opportunity to comment on proposed, development; and how early learning borrower made monthly loan payments revised, and continuing collections of varies across and within countries prior during that period) would be less than information. This helps the Department to beginning primary school. In 2018, in the maximum forgiveness amount for assess the impact of its information the participating countries, including which the borrower qualifies. collection requirements and minimize the United States, the IELS will assess the public’s reporting burden. It also nationally-representative samples of Dated: April 20, 2017. helps the public understand the children ages 5.0–5.5 years (in Stephanie Valentine, Department’s information collection kindergarten in the United States) Acting Director, Information Collection requirements and provide the requested through direct and indirect measures, Clearance Division, Office of the Chief Privacy data in the desired format. ED is and will collect contextual data about Officer, Office of Management. soliciting comments on the proposed their home learning environments, [FR Doc. 2017–08353 Filed 4–24–17; 8:45 am] information collection request (ICR) that ECEC histories, and demographic BILLING CODE 4000–01–P is described below. The Department of characteristics. The IELS will measure

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young children’s knowledge, skills, and DATES: to apply for a grant, even if the State competencies in both cognitive and Deadline for Transmittal of entity (including the SEA) is located in non-cognitive domains, including Applications: May 18, 2017. a State in which the SEA is currently language and literacy, mathematics and Deadline for Intergovernmental using a grant awarded prior to FY 2017 numeracy, executive function/self- Review: July 17, 2017. under the previous authorization of the regulation, and social emotional skills. FOR FURTHER INFORMATION CONTACT: CSP. However, no applicant may receive This assessment will take place as Kathryn Meeley, U.S. Department of a new award to conduct the same children are transitioning to primary Education, 400 Maryland Avenue SW., activities that are approved under an school and will provide data on how Room 4W257, Washington, DC 20202– existing active grant; therefore, U.S. children entering kindergarten 5970. Telephone: (202) 453–6818, or by applications for new awards that are compare with their international peers email: [email protected]. submitted by State entities located in on skills deemed important for later If you use a telecommunications States where the SEA has an active grant success. To prepare for the main study device (TDD) for the deaf or a text awarded prior to FY 2017 under the that will take place in September– telephone (TTY), call the Federal Relay previous authorization of the CSP November 2018, the IELS countries will Service, toll free, at 1–800–877–8339. should propose to conduct activities conduct a field test in the fall of 2017 SUPPLEMENTARY INFORMATION: On March that are outside the scope of the active to evaluate newly developed assessment 27, 2017, we published in the Federal grant. instruments and questionnaires and to Register (82 FR 15196) a notice inviting test the study operations. The U.S. IELS Corrections applications for new awards for FY 2017 field test data collection will occur from In FR Doc. No. 2017–06017, in the for the CSP Grants to State Entities November to December, 2017, with Federal Register of March 27, 2017 (82 program. We are clarifying the respondent recruitment beginning in FR 15196), we make the following Department’s interpretation of section May 2017. Recruitment activities for the corrections: 2017 field test were approved in April 4303(e)(1) of the ESEA; correcting the (a) On page 15196, in the middle 2017 (OMB 1850–0936 v.1–2). This agency contact information; and column, after the words ‘‘Deadline for request is to conduct 2017 IELS field extending the deadlines for transmittal Transmittal of Applications’’, we test data collection as well as of applications and intergovernmental remove the date ‘‘May 11, 2017’’ and recruitment for the IELS 2018 main review to May 18, 2017 and July 17, replace it with the date ‘‘May 18, 2017’’. study. 2017, respectively. In addition, we are (b) On page 15196, in the middle correcting the statement regarding the column, after the words ‘‘Deadline for Dated: April 20, 2017. types of activities a State entity may Stephanie Valentine, Intergovernmental Review’’, we remove carry out under this program directly or the date ‘‘July 10, 2017’’ and replace it Acting Director, Information Collection through grants, contracts, or cooperative Clearance Division, Office of the Chief Privacy with the date ‘‘July 17, 2017’’. agreements (i.e., providing technical (c) On page 15202, in the first column, Officer, Office of Management. assistance and working with authorized [FR Doc. 2017–08322 Filed 4–24–17; 8:45 am] after the words ‘‘Deadline for public chartering agencies to improve Transmittal of Applications’’, we BILLING CODE 4000–01–P authorizing quality). remove the date ‘‘May 11, 2017’’ and Section 4303(b)(2) authorizes State replace it with the date ‘‘May 18, 2017’’. entities to ‘‘provide technical assistance DEPARTMENT OF EDUCATION (d) On page 15202, in the first to eligible applicants and authorized column, after the words ‘‘Deadline for Applications for New Awards; public chartering agencies’’ and to Intergovernmental Review’’, we remove Expanding Opportunity Through ‘‘work with authorized public chartering the date ‘‘July 10, 2017’’ and replace it Quality Charter Schools Program agencies in the State to improve with the date ‘‘July 17, 2017’’. (CSP)—Grants to State Entities; authorizing quality.’’ This correction (e) On page 15202, in the middle Correction. clarifies that a State entity may carry out column, in the last sentence of the first the technical assistance and authorizing paragraph in the section entitled AGENCY: Office of Innovation and quality improvement activities specified ‘‘Funding Restrictions’’, we replace the Improvement, Department of Education. in section 4303(b)(2) of the ESEA phrase ‘‘activities authorized under this ACTION: Notice; correction. directly or through grants, contracts, or program’’ with ‘‘activities authorized cooperative agreements. under section 4303(b)(2) of the ESEA’’. Catalog of Federal Domestic Assistance All other requirements and conditions (CFDA) Number: 84.282M. (f) On page 15207, in the middle stated in the notice inviting applications column, after the heading ‘‘VII. Agency SUMMARY: On March 27, 2017, we remain the same. Contact’’, we add the following contact published in the Federal Register (82 Interpretation information: FR 15196) a notice inviting applications FOR FURTHER INFORMATION CONTACT: for new awards for fiscal year (FY) 2017 On page 15201, in the left column, in Kathryn Meeley, U.S. Department of for the CSP Grants to State Entities the second paragraph of the section Education, 400 Maryland Avenue SW., program. This document clarifies the entitled ‘‘Eligible Applicants,’’ we Room 4W257, Washington, DC 20202– Department’s interpretation of section clarify the statement, ‘‘Under section 5970. Telephone: (202) 453–6818, or by 4303(e)(1) of the Elementary and 4303(e)(1) of the ESEA, no State entity email: [email protected]. Secondary Education Act of 1965, as may receive a grant under this program If you use a TDD or a TTY, call the amended by the Every Student Succeeds for use in a State in which a State entity FRS, toll free, at 1–800–877–8339. Act (ESEA); corrects the agency contact is currently using a grant received under All other requirements and conditions information and the types of activities a this program.’’ Because the FY 2017 CSP stated in the notice inviting applications State entity may carry out directly or Grants to State Entities competition is remain the same. through grants, contracts, or cooperative the first such competition under the Program Authority: Title IV, Part C of agreements; and extends the deadlines newly reauthorized CSP, all State the ESEA (20 U.S.C. 7221–7221j). for transmittal of applications and entities, including State educational Accessible Format: Individuals with intergovernmental review. agencies (SEAs), in all States are eligible disabilities can obtain this document

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and a copy of the application package in announces that FERC intends to submit Abstract: The proposed information an accessible format (e.g., Braille, large this collection to Office of Management collection provides a means to garner print, audiotape, or compact disc) on and Budget (OMB) for approval and qualitative customer and stakeholder request to the program contact person solicits comments on specific aspects feedback in an efficient, timely manner. listed under FOR FURTHER INFORMATION for the proposed information collection. By qualitative feedback, we mean data CONTACT. Previously, the Commission published a that provides useful insights on Electronic Access to This Document: 60-day notice in the Federal Register perceptions and opinions, but are not The official version of this document is (81 FR 70402, 10/12/2016) and received statistical surveys that yield quantitative the document published in the Federal no comments. results that can be generalized to the Register. Free Internet access to the The Commission also published a 30- population of study. This feedback will official edition of the Federal Register day notice in the Federal Register (82 provide insights into customer or and the Code of Federal Regulations is FR 835, 1/4/2017). This 30-day notice stakeholder perceptions, experiences, available via the Federal Digital System revises the burden estimate for the and expectations, provide an early at: www.gpo.gov/fdsys. At this site you generic clearance. Details of the revised warning of issues with service, or focus can view this document, as well as all burden are illustrated in the ‘‘Estimate attention on areas where other documents of this Department of Annual Burden’’ section of this communication, training or changes in published in the Federal Register, in notice. operations might improve delivery of text or Portable Document Format products or services. This collection DATES: Comments on the collection of (PDF). To use PDF you must have information are due by May 25, 2017. will allow for ongoing, collaborative and Adobe Acrobat Reader, which is actionable communications between available free at the site. ADDRESSES: Comments filed with OMB, FERC and its customers and You may also access documents of the identified by the information collection stakeholders. It will also allow feedback Department published in the Federal number FERC–153, should be sent via to contribute directly to the email to the Office of Information and Register by using the article search _ improvement of program management. feature at: www.federalregister.gov. Regulatory Affairs: oira submission@ The solicitation of feedback will target Specifically, through the advanced omb.gov. Attention: Federal Energy areas such as: Timeliness, search feature at this site, you can limit Regulatory Commission Desk Officer. appropriateness, accuracy of your search to documents published by The Desk Officer may also be reached information, courtesy, efficiency of the Department. via telephone at 202–395–0710. service delivery, and resolution of A copy of the comments should also issues with service delivery. Responses Dated: April 20, 2017. be sent to the Commission, in Docket Margo Anderson, will be assessed to plan and inform No. IC17–1–000, by either of the efforts to improve or maintain the Acting Assistant Deputy Secretary for following methods: Innovation and Improvement. • quality of service offered to the public. eFiling at Commission’s Web site: If this information is not collected, vital [FR Doc. 2017–08362 Filed 4–24–17; 8:45 am] http://www.ferc.gov/docs-filing/ feedback from customers and BILLING CODE 4000–01–P efiling.asp. stakeholders on the Commission’s • Mail/Hand Delivery/Courier: services will be unavailable. Federal Energy Regulatory Commission, The Commission will only submit a DEPARTMENT OF ENERGY Secretary of the Commission, 888 First collection for approval under this Street NE., Washington, DC 20426. generic clearance if it meets the Federal Energy Regulatory Instructions: All submissions must be Commission following conditions: formatted and filed in accordance with • The collections are voluntary; [Docket No. IC17–1–000] submission guidelines at: http:// • The collections are low-burden for www.ferc.gov/help/submission- respondents (based on considerations of Commission Information Collection guide.asp. For user assistance contact total burden hours, total number of Activities; Comment Request for FERC Online Support by email at respondents, or burden hours per Generic Clearance for the Collection of [email protected], or by phone respondent) and are low-cost for both Qualitative Feedback on Commission at: (866) 208–3676 (toll-free), or (202) the respondents and the Federal Service Delivery 502–8659 for TTY. Government; Docket: Users interested in receiving • AGENCY: Federal Energy Regulatory The collections are non- automatic notification of activity in this controversial and do not raise issues of Commission, Department of Energy. docket or in viewing/downloading ACTION: Comment request. concern to other Federal agencies; comments and issuances in this docket • The collection is targeted to the may do so at http://www.ferc.gov/docs- SUMMARY: As part of a Federal solicitation of opinions from filing/docs-filing.asp. Government-wide effort to streamline respondents who have experience with the process to seek feedback from the FOR FURTHER INFORMATION: Ellen Brown the program or may have experience public on service delivery, the Federal may be reached by email at with the program in the near future; Energy Regulatory Commission (the [email protected], by telephone • Personally identifiable information Commission or FERC) is coordinating at (202) 502–8663, and by fax at (202) (PII) is collected only to the extent the development of the proposed 273–0873. necessary and is not retained; Generic Information Collection Request SUPPLEMENTARY INFORMATION: • Information gathered is intended to (ICR), FERC–153, Generic Clearance for Title: FERC–153, Generic Clearance be used only internally for general the Collection of Qualitative Feedback for the Collection of Qualitative service improvement and program on Commission Service Delivery, for Feedback on Commission Service management purposes and is not approval under the Paperwork Delivery. intended for release outside of the Reduction Act (PRA).1 This notice OMB Control No.: To be determined. Commission (if released, the Type of Request: New generic Commission must indicate the 1 44 U.S.C. 3501 et. seq. information collection. qualitative nature of the information);

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• Information gathered will not be sampling frame, the sample design approved by the OMB under the PRA used for the purpose of substantially (including stratification and clustering), and displays a currently valid OMB informing influential policy decisions; the precision requirements or power Control Number. In addition, and calculations that justify the proposed notwithstanding any other provisions of • Information gathered will yield sample size, the expected response rate, law, no person shall generally be subject qualitative information; the collections methods for assessing potential non- to penalty for failing to comply with a will not be designed or expected to response bias, the protocols for data collection of information which does yield statistically reliable results or used collection, and any testing procedures not display a valid OMB Control as though the results are generalizable to that were or will be undertaken prior to Number. See 5 CFR 1320. OMB the population of study. fielding the study. authorization for an information Feedback collected under this generic As a general matter, this information clearance provides useful information, collection will not result in any new collection cannot be for more than three but it does not yield data that can be system of records containing privacy years without renewal. generalized to the overall population. information and will not ask questions Type of Respondents/Affected Public: This type of generic clearance for of a sensitive nature, such as sexual Individuals and households; Businesses qualitative information will not be used behavior and attitudes, religious beliefs, or other for-profit and not-for-profit for quantitative information collections and other matters that are commonly organizations; State, Local, or Tribal that are designed to yield reliably considered private. government. actionable results, such as monitoring This information collection is subject 2 trends over time or documenting to the PRA. The Commission generally Estimate of Annual Burden: Based program performance. Such data uses cannot conduct or sponsor a collection on additional information, the require more rigorous designs that of information, and the public is Commission is revising its estimates for address: The target population to which generally not required to respond to an the annual public reporting burden and generalizations will be made, the information collection, unless it is cost for the information collection.3

ESTIMATED ANNUAL BURDEN FOR GENERIC CLEARANCE

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

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5)

Generic Clearance ...... 27,000 1 27,000 10 44,500 4 4,500 hours = 270,000 minutes.

Comments: Comments are invited on: DEPARTMENT OF ENERGY Docket Numbers: RP17–623–001. (1) Whether the collection of Applicants: Texas Eastern information is necessary for the proper Federal Energy Regulatory Transmission, LP. performance of the functions of the Commission Description: Texas Eastern Commission, including whether the Transmission, LP submits tariff filing Combined Notice of Filings information will have practical utility; per 154.205(b): Errata Filing for Updates (2) the accuracy of the agency’s estimate Take notice that the Commission has to Cashout Mechanisms to be effective of the burden and cost of the collection received the following Natural Gas 5/1/2017. of information, including the validity of Pipeline Rate and Refund Report filings: Filed Date: 04/13/2017. the methodology and assumptions used; Filings Instituting Proceedings Accession Number: 20170413–5232. (3) ways to enhance the quality, utility Comment Date: 5:00 p.m. Eastern and clarity of the information collection; Docket Numbers: RP17–407–002. Time on Tuesday, April 25, 2017. and (4) ways to minimize the burden of Applicants: National Fuel Gas Supply the collection of information on those Corporation. Docket Numbers: RP17–654–000. who are to respond, including the use Description: National Fuel Gas Supply Applicants: Transcontinental Gas of automated collection techniques or Corporation submits tariff filing per Pipe Line Company. other forms of information technology. 154.205(b): Fuel Tracker Amended- Description: Transcontinental Gas Pipe Line Company, LLC submits tariff Dated: April 19, 2017. Supply (Effective 06/01/17) to be effective 6/1/2017. filing per 154.403: SS–2 Inventory Kimberly D. Bose, Filed Date: 04/13/2017. Adjustment (2017) to be effective 5/1/ Secretary. Accession Number: 20170413–5273. 2017. [FR Doc. 2017–08333 Filed 4–24–17; 8:45 am] Comment Date: 5:00 p.m. Eastern Filed Date: 04/13/2017. BILLING CODE 6717–01–P Time on Tuesday, April 25, 2017. Accession Number: 20170413–5011.

2 Burden is defined as the total time, effort, or 27,000. The total number of responses changed financial resources expended by persons to from 15,000 to 27,000. The average burden minutes generate, maintain, retain, or disclose or provide per response changed from 6 minutes to 10 information to or for a Federal agency. For further minutes. The total burden hours changed from explanation of what is included in the information 1,500 hours to 4,500 hours. collection burden, refer to 5 Code of Federal Regulations 1320.3. 3 The annual estimates are being revised. The number of respondents changed from 15,000 to

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Comment Date: 5:00 p.m. Eastern DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Time on Tuesday, April 25, 2017. Federal Energy Regulatory Federal Energy Regulatory Docket Numbers: RP17–655–000. Commission Commission Applicants: Algonquin Gas [Project No. 2146–215] Transmission, LLC. Combined Notice of Filings Description: Algonquin Gas Alabama Power Company; Notice of Transmission, LLC submits tariff filing Take notice that the Commission has Application Accepted For Filing and per 154.204: Negotiated Rates—Colonial received the following Natural Gas Soliciting Comments, Motions To Gas to BBPC—793649 & 793651 to be Pipeline Rate and Refund Report filings: Intervene, and Protests effective 5/1/2017. Filings Instituting Proceedings Filed Date: 04/13/2017. Take notice that the following Docket Numbers: RP17–661–000. hydroelectric application has been filed Accession Number: 20170413–5068. with the Commission and is available Comment Date: 5:00 p.m. Eastern Applicants: Centra Pipelines for public inspection: Time on Tuesday, April 25, 2017. Minnesota Inc. a. Application Type: Non-Capacity Docket Numbers: RP17–656–000. Description: Centra Pipelines Amendment of License. Minnesota Inc. submits tariff filing per b. Project No: P–2146–215. Applicants: Equitrans, L.P. 154.204: Updated Shipper Index April c. Date Filed: February 17, 2017. Description: Equitrans, L.P. submits 2017 to be effective 6/1/2017. d. Applicant: Alabama Power tariff filing per 154.203: Notice Company (Alabama Power). Regarding Non-Jurisdictional Gathering Filed Date: 04/18/2017. e. Name of Project: Coosa River Facilities (F–1157 F–665 et al). Accession Number: 20170418–5233. Project. Filed Date: 04/13/2017. Comment Date: 5:00 p.m. Eastern f. Location: The project is located on the Coosa River, in Coosa, Chilton, and Accession Number: 20170413–5307. Time on Monday, May 01, 2017. Elmore counties, Alabama. Comment Date: 5:00 p.m. Eastern Docket Numbers: RP17–662–000. g. Filed Pursuant to: Federal Power Time on Tuesday, April 25, 2017. Applicants: Cameron Interstate Act, 16 U.S.C. 791a–825r. Docket Numbers: RP17–657–000. Pipeline, LLC. h. Applicant Contact: James F. Crew, Alabama Power Company, 600 North Applicants: TransCanada Power Description: Cameron Interstate Marketing Ltd,TC Ironwood LLC. 18th Street, P.O. Box 2641, Birmingham, Pipeline, LLC submits tariff filing per AL 35291–8180, (205) 257–4265. Description: Joint Petition for Limited 154.204: Cameron Interstate Pipeline i. FERC Contact: Zeena Aljibury, (202) Waiver of TransCanada Power Off-System Capacity Tariff Filing to be 502–6065, [email protected]. Marketing Ltd. and TC Ironwood, LLC effective 5/19/2017. j. Deadline for filing comments, and Request for Expedited Action. Filed Date: 04/18/2017. motions to intervene, and protests: May Filed Date: 04/14/2017. Accession Number: 20170418–5253. 1, 2017. Accession Number: 20170414–5159. The Commission strongly encourages Comment Date: 5:00 p.m. Eastern electronic filing. Please file motions to Comment Date: 5:00 p.m. Eastern Time on Monday, May 01, 2017. Time on Friday, April 21, 2017. intervene, protests, comments, or The filings are accessible in the recommendations using the The filings are accessible in the Commission’s eLibrary system by Commission’s eFiling system at http:// Commission’s eLibrary system by clicking on the links or querying the www.ferc.gov/docs-filing/efiling.asp. clicking on the links or querying the docket number. Commenters can submit brief comments docket number. up to 6,000 characters, without prior Any person desiring to intervene or Any person desiring to intervene or registration, using the eComment system protest in any of the above proceedings protest in any of the above proceedings at http://www.ferc.gov/docs-filing/ must file in accordance with Rules 211 must file in accordance with Rules 211 ecomment.asp. You must include your and 214 of the Commission’s and 214 of the Commission’s name and contact information at the end Regulations (18 CFR 385.211 and Regulations (18 CFR 385.211 and of your comments. For assistance, § 385.214) on or before 5:00 p.m. Eastern § 385.214) on or before 5:00 p.m. Eastern please contact FERC Online Support at time on the specified comment date. time on the specified comment date. [email protected], (866) Protests may be considered, but Protests may be considered, but 208–3676 (toll free), or (202) 502–8659 intervention is necessary to become a intervention is necessary to become a (TTY). In lieu of electronic filing, please party to the proceeding. party to the proceeding. send a paper copy to: Secretary, Federal eFiling is encouraged. More detailed eFiling is encouraged. More detailed Energy Regulatory Commission, 888 information relating to filing information relating to filing First Street NE., Washington, DC 20426. requirements, interventions, protests, requirements, interventions, protests, The first page of any filing should service, and qualifying facilities filings service, and qualifying facilities filings include docket number P–2146–215. can be found at: http://www.ferc.gov/ can be found at: http://www.ferc.gov/ k. Description of Request: Alabama docs-filing/efiling/filing-req.pdf. For docs-filing/efiling/filing-req.pdf. For Power requests approval to modify Unit other information, call (866) 208–3676 other information, call (866) 208–3676 2 at the Jordan Development to address (toll free). For TTY, call (202) 502–8659. (toll free). For TTY, call (202) 502–8659. significant maintenance needs and to Dated: April 19, 2017. improve power and efficiency. The Dated: April 17, 2017. proposed scope of work for Unit 2 Kimberly D. Bose, Kimberly D. Bose, includes complete turbine replacement, Secretary. Secretary. wicket gate replacement, governor and [FR Doc. 2017–08263 Filed 4–24–17; 8:45 am] [FR Doc. 2017–08335 Filed 4–24–17; 8:45 am] servomotor system replacement, turbine BILLING CODE 6717–01–P BILLING CODE 6717–01–P and thrust bearing refurbishment, and

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related component replacement. requirements of 18 CFR 385.2001 Comment Date: 5:00 p.m. Eastern Alabama Power states the turbine through 385.2005. All comments, Time on Monday, May 1, 2017. replacement is not expected to result in motions to intervene, or protests must Docket Numbers: RP17–659–000. an increase to the total rated capacity or set forth their evidentiary basis and Applicants: Equitrans, L.P. the maximum discharge of the unit at otherwise comply with the requirements Description: Equitrans, L.P. submits rated conditions. Alabama Power notes of 18 CFR 4.34(b). All comments, tariff filing per 154.203: Notice that project operations will not change, motions to intervene, or protests should Regarding Non-Jurisdictional Gathering and refurbishment will not include any relate to project works that are the Facilities (F–543 W–4672 W–4665). structural changes to the project subject of the license amendment. Filed Date: 04/17/2017. facilities. Agencies may obtain copies of the Accession Number: 20170417–5186. l. Locations of the Application: A application directly from the applicant. Comment Date: 5:00 p.m. Eastern copy of the application is available for A copy of any protest or motion to Time on Monday, May 1, 2017. inspection and reproduction at the intervene must be served upon each Docket Numbers: RP17–660–000. Commission’s Public Reference Room, representative of the applicant specified Applicants: Equitrans, L.P. located at 888 First Street NE., Room in the particular application. If an Description: Equitrans, L.P. submits 2A, Washington, DC 20426, or by calling intervener files comments or documents tariff filing per 154.203: Notice (202) 502–8371. This filing may also be with the Commission relating to the Regarding Non-Jurisdictional Gathering viewed on the Commission’s Web site at merits of an issue that may affect the Facilties (F–641 H–10151). http://www.ferc.gov using the responsibilities of a particular resource Filed Date: 04/17/2017. ‘‘eLibrary’’ link. Enter the docket agency, they must also serve a copy of Accession Number: 20170417–5187. number excluding the last three digits the document on that resource agency. Comment Date: 5:00 p.m. Eastern (P–2146) in the docket number field to A copy of all other filings in reference Time on Monday, May 1, 2017. access the document. You may also to this application must be accompanied The filings are accessible in the register online at http://www.ferc.gov/ by proof of service on all persons listed Commission’s eLibrary system by docs-filing/esubscription.asp to be in the service list prepared by the clicking on the links or querying the notified via email of new filings and Commission in this proceeding, in docket number. issuances related to this or other accordance with 18 CFR 4.34(b) and Any person desiring to intervene or pending projects. For assistance, call 1– 385.2010. protest in any of the above proceedings 866–208–3676 or email must file in accordance with Rules 211 [email protected], for TTY, Dated: April 18, 2017. and 214 of the Commission’s call (202) 502–8659. A copy is also Kimberly D. Bose, Regulations (18 CFR 385.211 and available for inspection and Secretary. § 385.214) on or before 5:00 p.m. Eastern reproduction at the address in item (h) [FR Doc. 2017–08265 Filed 4–24–17; 8:45 am] time on the specified comment date. above. Agencies may obtain copies of BILLING CODE 6717–01–P Protests may be considered, but the application directly from the intervention is necessary to become a applicant. m. Individuals desiring to be included DEPARTMENT OF ENERGY party to the proceeding. on the Commission’s mailing list should eFiling is encouraged. More detailed so indicate by writing to the Secretary Federal Energy Regulatory information relating to filing of the Commission. Commission requirements, interventions, protests, n. Comments, Protests, or Motions to service, and qualifying facilities filings Intervene: Anyone may submit Combined Notice of Filings can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For comments, a protest, or a motion to Take notice that the Commission has intervene in accordance with the other information, call (866) 208–3676 received the following Natural Gas (toll free). For TTY, call (202) 502–8659. requirements of Rules of Practice and Pipeline Rate and Refund Report filings: Procedure, 18 CFR 385.210, .211, .214, Dated: April 18, 2017. respectively. In determining the Filings Instituting Proceedings Kimberly D. Bose, appropriate action to take, the Docket Numbers: RP17–626–001. Secretary. Commission will consider all protests or Applicants: Gulf Crossing Pipeline [FR Doc. 2017–08273 Filed 4–24–17; 8:45 am] other comments filed, but only those Company LLC. BILLING CODE 6717–01–P who file a motion to intervene in Description: Gulf Crossing Pipeline accordance with the Commission’s Company LLC submits tariff filing per Rules may become a party to the 154.205(b): Amendment to Filing in DEPARTMENT OF ENERGY proceeding. Any comments, protests, or RP17–626–000 to be effective 4/1/2017. motions to intervene must be received Filed Date: 04/17/2017. Federal Energy Regulatory on or before the specified comment date Accession Number: 20170417–5133. Commission for the particular application. o. Filing and Service of Documents: Comment Date: 5:00 p.m. Eastern [Docket No. RM98–1–000] Time on Monday, May 1, 2017. Any filing must (1) bear in all capital Records Governing Off-the-Record Docket Numbers: RP17–658–000. letters the title ‘‘COMMENTS’’, Communications; Public Notice ‘‘PROTEST’’, or ‘‘MOTION TO Applicants: Gulf South Pipeline INTERVENE’’ as applicable; (2) set forth Company, LP. This constitutes notice, in accordance in the heading the name of the applicant Description: Gulf South Pipeline with 18 CFR 385.2201(b), of the receipt and the project number of the Company, LP submits tariff filing per of prohibited and exempt off-the-record application to which the filing 154.204: Amendment to Neg Rate Agmt communications. responds; (3) furnish the name, address, (Pivotal 34691–14) to be effective 4/17/ Order No. 607 (64 FR 51222, and telephone number of the person 2017. September 22, 1999) requires commenting, protesting or intervening; Filed Date: 04/17/2017. Commission decisional employees, who and (4) otherwise comply with the Accession Number: 20170417–5171. make or receive a prohibited or exempt

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off-the-record communication relevant made in a prohibited off-the-record CFR 1501.6, made under 18 CFR to the merits of a contested proceeding, communication, and may request that 385.2201(e) (1) (v). to deliver to the Secretary of the the Commission place the prohibited The following is a list of off-the- Commission, a copy of the communication and responses thereto record communications recently communication, if written, or a in the decisional record. The received by the Secretary of the summary of the substance of any oral Commission will grant such a request Commission. The communications communication. only when it determines that fairness so listed are grouped by docket numbers in Prohibited communications are requires. Any person identified below as ascending order. These filings are included in a public, non-decisional file having made a prohibited off-the-record available for electronic review at the associated with, but not a part of, the communication shall serve the Commission in the Public Reference decisional record of the proceeding. document on all parties listed on the Room or may be viewed on the Unless the Commission determines that official service list for the applicable Commission’s Web site at http:// the prohibited communication and any www.ferc.gov using the eLibrary link. proceeding in accordance with Rule responses thereto should become a part Enter the docket number, excluding the 2010, 18 CFR 385.2010. of the decisional record, the prohibited last three digits, in the docket number off-the-record communication will not Exempt off-the-record field to access the document. For be considered by the Commission in communications are included in the assistance, please contact FERC Online reaching its decision. Parties to a decisional record of the proceeding, Support at FERCOnlineSupport@ proceeding may seek the opportunity to unless the communication was with a ferc.gov or toll free at (866) 208–3676, or respond to any facts or contentions cooperating agency as described by 40 for TTY, contact (202) 502–8659.

Docket No. File date Presenter or requester

Prohibited: 1. CP16–22–000 ...... 4–5–2017 Paul Tarr. 2. CP16–22–000 ...... 4–11–2017 Paul Tarr. 3. CP15–554–000 ...... 4–11–2017 Hylah H. Boyd. Exempt: 1. CP15–554–000, CP15–554–001, CP15–555–000 ...... 4–5–2017 County of Augusta, Virginia, Board of Supervisors. 2. CP15–558–000 ...... 4–5–2017 County of Bucks, Pennsylvania, Board of Commissioners. 3. CP14–96–000 ...... 4–5–2017 U.S. House Representative, Stephen F. Lynch. 4. CP14–529–000 ...... 4–12–2017 Massachusetts Department of Conservation, and Recreation. 5. CP15–554–000, CP15–554–001, CP15–555–000 ...... 4–13–2017 Highland County, Virginia, Board of Supervisors. 6. CP16–38–000 ...... 4–14–2017 FERC Staff.1 1 Memo dated April 14, 2017 with Shirley Wilkins.

Dated: April 18, 2017. California, and the California Public ‘‘eFiling’’ link at http://www.ferc.gov. Kimberly D. Bose, Utilities Commission (Complainant) Persons unable to file electronically Secretary. filed a formal complaint against Trans should submit an original and 5 copies [FR Doc. 2017–08268 Filed 4–24–17; 8:45 am] Bay Cable LLC (Respondent) alleging of the protest or intervention to the BILLING CODE 6717–01–P that, Respondent’s transmission rates Federal Energy Regulatory Commission, are unjust and unreasonable, all as more 888 First Street NE., Washington, DC fully explained in the complaint. 20426. DEPARTMENT OF ENERGY Complainants certify that copies of This filing is accessible on-line at the complaint were served on corporate http://www.ferc.gov, using the Federal Energy Regulatory representatives and legal counsel for ‘‘eLibrary’’ link and is available for Commission respondent. electronic review in the Commission’s Any person desiring to intervene or to Public Reference Room in Washington, [Docket No. EL17–66–000] protest this filing must file in DC. There is an ‘‘eSubscription’’ link on accordance with Rules 211 and 214 of California Department of Water the Commission’s Rules of Practice and the Web site that enables subscribers to Resources State Water Project, the Procedure (18 CFR 385.211, 385.214). receive email notification when a Cities of Anaheim, Azusa, Banning, Protests will be considered by the document is added to a subscribed Colton, Pasadena, and Riverside, Commission in determining the docket(s). For assistance with any FERC California, and the California Public appropriate action to be taken, but will Online service, please email Utilities Commission v. Trans Bay not serve to make protestants parties to [email protected], or call Cable LLC; Notice of Complaint the proceeding. Any person wishing to (866) 208–3676 (toll free). For TTY, call Take notice that on April 18, 2017, become a party must file a notice of (202) 502–8659. pursuant to sections 206 and 306 of the intervention or motion to intervene, as Comment Date: 5:00 p.m. Eastern Federal Power Act, 16 U.S.C. 824e and appropriate. The Respondent’s answer Time on May 8, 2017. 825e, and Rules 206 and 212 of the and all interventions, or protests must Dated: April 19, 2017. Federal Energy Regulatory be filed on or before the comment date. Commission’s (Commission) Rules of The Respondent’s answer, motions to Kimberly D. Bose, Practice and Procedure, 18 CFR 385.206 intervene, and protests must be served Secretary. and 385.212, the California Department on the Complainants. [FR Doc. 2017–08332 Filed 4–24–17; 8:45 am] of Water Resources State Water Project, The Commission encourages BILLING CODE 6717–01–P the Cities of Anaheim, Azusa, Banning, electronic submission of protests and Colton, Pasadena, and Riverside, interventions in lieu of paper using the

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DEPARTMENT OF ENERGY include docket number P–2307–078. impulse turbine units with a total The Commission’s Rules of Practice installed capacity of 3.675 MW; (7) the Federal Energy Regulatory require all intervenors filing documents 67-foot-long, 48-foot-wide, 40-foot-high Commission with the Commission to serve a copy of powerhouse; (8) a tailrace that [Project No. 2307–078] that document on each person on the discharges flows over a weir into Taku official service list for the project. Inlet; (9) a 12.5-mile-long, 23-kilovolt Alaska Electric Light & Power Further, if an intervenor files comments (kV) transmission line that conveys Company; Notice of Application Ready or documents with the Commission power to the Than substation; and (10) for Environmental Analysis and relating to the merits of an issue that appurtenant facilities. The project Soliciting Comments, may affect the responsibilities of a currently operates to provide base load Recommendations, Terms and particular resource agency, they must generation with an estimated annual Conditions, and Prescriptions also serve a copy of the document on output of 53.8 gigawatt-hours. No that resource agency. changes to project operation or facilities Take notice that the following k. This application has been accepted are proposed. hydroelectric application has been filed and is ready for environmental analysis. m. A copy of the application is with the Commission and is available l. The existing Salmon Creek Project available for review at the Commission for public inspection. consists of two developments: The in the Public Reference Room or may be a. Type of Application: New license. Salmon Creek Development and the viewed on the Commission’s Web site at b. Project No.: 2307–078. Annex Creek Development. The Salmon http://www.ferc.gov using the c. Date filed: August 31, 2016. Creek Development consists of the ‘‘eLibrary’’ link. Enter the docket d. Applicant: Alaska Electric Power & following existing facilities: (1) The 165- number excluding the last three digits in Light Company. acre Salmon Creek Reservoir the docket number field to access the e. Name of Project: Salmon and impounded by a 648-foot-long, 186-foot- document. For assistance, contact FERC Annex Creek Hydroelectric Project. high dam, with ten 5-foot-wide spillway Online Support. A copy is also available f. Location: On Salmon Creek and bays; (2) a 1,500-foot-long canal used to for inspection and reproduction at the Annex Creek in the City and Borough of periodically divert water from tributary address in item h above. All filings must Juneau, Alaska. The project occupies streams into Salmon Creek Reservoir; (3) (1) bear in all capital letters the title approximately 648.45 acres of federal a 10-foot-wide, 11-foot high intake ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ lands located in the Tongass National structure with trashracks; (4) a 3-foot- ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Forest administered by the US Forest diameter conduit that conveys flows AND CONDITIONS,’’ or Service and operates under an existing from the dam to the project valvehouse ‘‘PRESCRIPTIONS;’’ (2) set forth in the license issued in 1988. located immediately downstream; (5) a heading the name of the applicant and g. Filed Pursuant to: Federal Power 4,290-foot-long, 3.3- to -2-foot-diameter the project number of the application to Act 16 U.S.C. 791(a)–825(r). penstock that conveys flows from the which the filing responds; (3) furnish h. Applicant Contact: Ms. Christy valvehouse to the decommissioned the name, address, and telephone Yearous, Project Manager, Alaska Upper Powerhouse where it connects to number of the person submitting the Electric light & Power Company, 5601 an 11,303-foot-long, 3.5-foot-diameter filing; and (4) otherwise comply with Tonsgard Ct., Juneau, AK 99801–7201; penstock that narrows to a 2.5-foot- the requirements of 18 CFR 385.2001 email [email protected] diameter immediately before entering through 385.2005. All comments, i. FERC Contact: Suzanne Novak at the Lower Powerhouse; (6) the 57-foot- recommendations, terms, and (202) 502–6665; or email at long, 44-foot-wide, 32-foot-high Lower conditions or prescriptions must set [email protected] Powerhouse, which contains a 6.9- forth their evidentiary basis and j. Deadline for filing comments, megawatt (MW) impulse turbine; (7) an otherwise comply with the requirements recommendations, terms and approximately 250-foot-long tailrace of 18 CFR 4.34(b). Agencies may obtain conditions, and prescriptions: 60 days that flows underneath Egan Drive and copies of the application directly from from the issuance date of this notice; empties into a pond adjacent to the the applicant. Each filing must be reply comments are due 105 days from Douglas Island Pink and Chum, Inc. accompanied by proof of service on all the issuance date of this notice. The hatchery; and (8) appurtenant facilities. persons listed on the service list Commission strongly encourages The Annex Creek Development consists prepared by the Commission in this electronic filing. Please file comments, of the following existing facilities: (1) proceeding, in accordance with 18 CFR recommendations, terms and the 264-acre Upper Annex Lake, 4.34(b), and 385.2010. You may also conditions, and prescriptions using the impounded by a 118-foot-long, 20-foot- register online at http://www.ferc.gov/ Commission’s eFiling system at http:// high dam with a 57-foot-wide spillway docs-filing/esubscription.asp to be www.ferc.gov/docs-filing/efiling.asp. that discharges flow in excess of those notified via email of new filings and Commenters can submit brief comments needed for generation into the 27-acre issuances related to this or other up to 6,000 characters, without prior natural Lower Annex Lake via a 0.15- pending projects. For assistance, contact registration, using the eComment system mile-long outlet stream; (2) a 61-foot- FERC Online Support. at http://www.ferc.gov/docs-filing/ long, 6-foot-high timber saddle dam n. A license applicant must file no ecomment.asp. You must include your located just west of the main dam; (3) later than 60 days following the date of name and contact information at the end a lake tap intake on Upper Annex Lake; issuance of this notice: (1) A copy of the of your comments. For assistance, (4) a 1,433-foot-long power tunnel that water quality certification; (2) a copy of please contact FERC Online Support at narrows from 8 feet wide and 8 feet high the request for certification, including [email protected], (866) at the intake to a 6.5-diameter tunnel at proof of the date on which the certifying 208–3676 (toll free), or (202) 502–8659 the project valvehouse; (5) the project agency received the request; or (3) (TTY). In lieu of electronic filing, please valvehouse containing the penstock evidence of waiver of water quality send a paper copy to: Secretary, Federal intake; (6) the 7,097-foot-long, 3.5-foot- certification. Energy Regulatory Commission, 888 diameter penstock that narrows to a 2.8- o. Public notice of the filing of the First Street NE., Washington, DC 20426. foot-diameter before it bifurcates at the initial development application, which The first page of any filing should powerhouse to provide flows to two has already been given, established the

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due date for filing competing Description: § 205(d) Rate Filing: service, and qualifying facilities filings applications or notices of intent. Under 2017–04–18 GIDNUCR Amendment to can be found at: http://www.ferc.gov/ the Commission’s regulations, any be effective 6/18/2017. docs-filing/efiling/filing-req.pdf. For competing development application Filed Date: 4/18/17. other information, call (866) 208–3676 must be filed in response to and in Accession Number: 20170418–5327. (toll free). For TTY, call (202) 502–8659. compliance with public notice of the Comments Due: 5 p.m. ET 5/9/17. Dated: April 19, 2017. initial development application. No Docket Numbers: ER17–1433–000. Kimberly D. Bose, competing applications or notices of Applicants: PJM Interconnection, Secretary. intent may be filed in response to this L.L.C. [FR Doc. 2017–08334 Filed 4–24–17; 8:45 am] notice. Description: Compliance filing: BILLING CODE 6717–01–P Dated: April 18, 2017. Compliance Filing RE: Commission’s Kimberly D. Bose, Order Sect 206 Investigation in EL14– Secretary. 37–000 to be effective 1/19/2017. DEPARTMENT OF ENERGY Filed Date: 4/18/17. [FR Doc. 2017–08266 Filed 4–24–17; 8:45 am] Accession Number: 20170418–5330. Federal Energy Regulatory BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 5/9/17. Commission Docket Numbers: ER17–1434–000. [Docket No. CP17–79–000] DEPARTMENT OF ENERGY Applicants: MATL LLP. Description: Tariff Cancellation: Florida Gas Transmission Company Federal Energy Regulatory Refiled Cancellation of ColumbiaGrid L.L.C.; Notice of Intent To Prepare an Commission Agreement to be effective 4/20/2017. Environmental Assessment for the Filed Date: 4/19/17. Proposed Wekiva Parkway Relocation Combined Notice of Filings #1 Accession Number: 20170419–5087. Project, and Request for Comments on Take notice that the Commission Comments Due: 5 p.m. ET 5/10/17. Environmental Issues received the following electric rate Docket Numbers: ER17–1435–000. Applicants: Southern California The staff of the Federal Energy filings: Regulatory Commission (FERC or Docket Numbers: ER13–1504–004; Edison Company. Description: § 205(d) Rate Filing: Commission) will prepare an ER10–2861–003; ER10–2866–003; environmental assessment (EA) that will ER10–2862–005; ER11–4625–005; Amended GIA NI-Oxnard CHP Project SA No. 872 to be effective 6/19/2017. discuss the environmental impacts of ER13–2169–004; ER11–3634–005; the Wekiva Parkway Relocation Project ER10–2867–004; ER16–711–005. Filed Date: 4/19/17. Accession Number: 20170419–5090. involving construction and operation of Applicants: SWG Arapahoe, LLC, Comments Due: 5 p.m. ET 5/10/17. facilities by Florida Gas Transmission Fountain Valley Power, L.L.C., SWG Company (Florida Gas) in Land and Colorado, LLC, Harbor Cogeneration Docket Numbers: ER17–1436–000. Seminole Counties, Florida. The Company, LLC, Colton Power L.P., Goal Applicants: MATL LLP. Commission will use this EA in its Line L.P., KES Kingsburg, L.P., Valencia Description: Tariff Cancellation: decision-making process to determine Power, LLC, Pio Pico Energy Center, Cancel Concurrence Avista to be whether the project is in the public LLC. effective 4/20/2017. convenience and necessity Description: Notice of Non-Material Filed Date: 4/19/17. This notice announces the opening of Change in Status of SWG Arapahoe, Accession Number: 20170419–5119. the scoping process the Commission LLC, et. al. Comments Due: 5 p.m. ET 5/10/17. will use to gather input from the public Filed Date: 4/19/17. Docket Numbers: ER17–1437–000. and interested agencies on the project. Accession Number: 20170419–5157. Applicants: Puget Sound Energy, Inc. You can make a difference by providing Comments Due: 5 p.m. ET 5/10/17. Description: Tariff Cancellation: us with your specific comments or Docket Numbers: ER17–1378–001. Notice of Cancellation of Service concerns about the project. Your Applicants: Just Energy Solutions Inc. Agreement Nos. 687, 688, and 689 to be comments should focus on the potential effective 3/1/2017. Description: Tariff Amendment: environmental effects, reasonable Filed Date: 4/19/17. Supplement to Notice of Succession to alternatives, and measures to avoid or Accession Number: 20170419–5142. Market-Based Rate Tariff to be effective lessen environmental impacts. Your Comments Due: 5 p.m. ET 5/10/17. 4/4/2017. input will help the Commission staff Filed Date: 4/19/17. The filings are accessible in the determine what issues they need to Accession Number: 20170419–5091. Commission’s eLibrary system by evaluate in the EA. To ensure that your Comments Due: 5 p.m. ET 5/10/17. clicking on the links or querying the comments are timely and properly docket number. recorded, please send your comments so Docket Numbers: ER17–1431–000. Any person desiring to intervene or that the Commission receives them in Applicants: New England Power protest in any of the above proceedings Washington, DC on or before May 18, Company. must file in accordance with Rules 211 2017. Description: § 205(d) Rate Filing: New and 214 of the Commission’s If you sent comments on this project England Power Cost Reimbursement Regulations (18 CFR 385.211 and to the Commission before the opening of Agreement with Wynn MA to be 385.214) on or before 5:00 p.m. Eastern this docket on March 16, 2017, you will effective 3/24/2017. time on the specified comment date. need to file those comments in Docket Filed Date: 4/18/17. Protests may be considered, but No. CP17–79–000 to ensure they are Accession Number: 20170418–5314. intervention is necessary to become a considered as part of this proceeding. Comments Due: 5 p.m. ET 5/9/17. party to the proceeding. This notice is being sent to the Docket Numbers: ER17–1432–000. eFiling is encouraged. More detailed Commission’s current environmental Applicants: California Independent information relating to filing mailing list for this project. State and System Operator Corporation. requirements, interventions, protests, local government representatives should

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notify their constituents of this Regulatory Commission, 888 First Street construction and operation of the proposed project and encourage them to NE., Room 1A, Washington, DC 20426. proposed project under these general comment on their areas of concern. headings: If you are a landowner receiving this Summary of the Proposed Project • Geology and soils; notice, a pipeline company Florida Gas proposes to abandon in • land use; representative may contact you about place and relocate 4.60 miles of its 12- • water resources, fisheries, and the acquisition of an easement to inch-diameter Sanford Lateral pipeline wetlands; construct, operate, and maintain the and 3.16 miles of its 26-inch-diameter • cultural resources; proposed facilities. The company would Sanford Lateral Loop pipeline in Lake • vegetation and wildlife; seek to negotiate a mutually acceptable and Seminole Counties, Florida. The • air quality and noise; • agreement. However, if the Commission Project intent is to resolve conflicts endangered and threatened species; • public safety; and approves the project, that approval between the existing pipeline facilities • conveys with it the right of eminent and construction of the Florida cumulative impacts domain. Therefore, if easement Department of Transportation’s new We will also evaluate reasonable negotiations fail to produce an State Road (SR) 429, Wekiva Parkway. alternatives to the proposed project or agreement, the pipeline company could Florida Gas proposes to relocate the portions of the project, and make initiate condemnation proceedings affected pipeline sections to a new recommendations on how to lessen or where compensation would be adjacent right of way, abutting the north avoid impacts on the various resource determined in accordance with state side of existing SR 429 right of way. areas. The EA will present our independent law. Florida Gas also proposes to install one analysis of the issues. The EA will be Florida Gas provided landowners 12-inch-diameter lateral line valve on available in the public record through with a fact sheet prepared by the FERC the relocated 12-inch-diameter Sanford eLibrary. We will consider all comments entitled ‘‘An Interstate Natural Gas Lateral, which would be within the on the EA before making our Facility On My Land? What Do I Need proposed permanent right-of-way. To Know?’’ This fact sheet addresses a The general location of the project recommendations to the Commission. number of typically asked questions, facilities is shown in appendix 1.1 To ensure we have the opportunity to including the use of eminent domain consider and address your comments, and how to participate in the Land Requirements for Construction please carefully follow the instructions Commission’s proceedings. It is also Construction of the proposed facilities in the Public Participation section, available for viewing on the FERC Web would disturb about 94.91 acres of land beginning on page 2. site (www.ferc.gov). for the pipeline relocation. Following With this notice, we are asking construction, Florida Gas would agencies with jurisdiction by law and/ Public Participation maintain about 29.71 acres for or special expertise with respect to the For your convenience, there are three permanent operation of the project’s environmental issues of this project to methods you can use to submit your facilities; the remaining acreage would formally cooperate with us in the comments to the Commission. The be restored and revert to former uses. preparation of the EA.3 Agencies that Commission encourages electronic filing would like to request cooperating of comments and has expert staff The EA Process agency status should follow the available to assist you at (202) 502–8258 The National Environmental Policy instructions for filing comments or [email protected]. Please Act (NEPA) requires the Commission to provided under the Public Participation carefully follow these instructions so take into account the environmental section of this notice. Currently, no that your comments are properly impacts that could result from an action agency has expressed intention to recorded. whenever it considers the issuance of a participate as a cooperating agency in (1) You can file your comments Certificate of Public Convenience and the preparation of the EA. 2 electronically using the eComment Necessity. NEPA also requires us to Consultations Under Section 106 of the feature on the Commission’s Web site discover and address concerns the National Historic Preservation Act (www.ferc.gov) under the link to public may have about proposals. This Documents and Filings. This is an easy process is referred to as ‘‘scoping.’’ The In accordance with the Advisory method for submitting brief, text-only main goal of the scoping process is to Council on Historic Preservation’s comments on a project; focus the analysis in the EA on the implementing regulations for section (2) You can file your comments important environmental issues. By this 106 of the National Historic electronically by using the eFiling notice, the Commission requests public Preservation Act, we are using this feature on the Commission’s Web site comments on the scope of the issues to notice to initiate consultation with the (www.ferc.gov) under the link to address in the EA. We will consider all applicable State Historic Preservation Documents and Filings. With eFiling, filed comments during the preparation Office (SHPO), and to solicit their views you can provide comments in a variety of the EA. and those of other government agencies, of formats by attaching them as a file In the EA we will discuss impacts that interested Indian tribes, and the public with your submission. New eFiling could occur as a result of the on the project’s potential effects on users must first create an account by historic properties.4 We will define the clicking on ‘‘eRegister.’’ If you are filing 1 The appendices referenced in this notice will a comment on a particular project, not appear in the Federal Register. Copies of 3 The Council on Environmental Quality please select ‘‘Comment on a Filing’’ as appendices were sent to all those receiving this regulations addressing cooperating agency notice in the mail and are available at www.ferc.gov responsibilities are at Title 40, Code of Federal the filing type; or using the link called ‘‘eLibrary’’ or from the Regulations, Part 1501.6. (3) You can file a paper copy of your Commission’s Public Reference Room, 888 First 4 The Advisory Council on Historic Preservation’s comments by mailing them to the Street NE., Washington, DC 20426, or call (202) regulations are at Title 36, Code of Federal following address. Be sure to reference 502–8371. For instructions on connecting to Regulations, Part 800. Those regulations define eLibrary, refer to the last page of this notice. historic properties as any prehistoric or historic the project docket number CP17–79–000 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the district, site, building, structure, or object included with your submission: Kimberly D. environmental staff of the Commission’s Office of in or eligible for inclusion in the National Register Bose, Secretary, Federal Energy Energy Projects. of Historic Places.

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project-specific Area of Potential Effects organizations, and government entities Commission’s Office of External Affairs, (APE) in consultation with the SHPO as interested in and/or potentially affected at (866) 208–FERC, or on the FERC Web the project develops. On natural gas by the proposed project. site at www.ferc.gov using the facility projects, the APE at a minimum If we publish and distribute the EA, ‘‘eLibrary’’ link. Click on the eLibrary encompasses all areas subject to ground copies will be sent to the environmental link, click on ‘‘General Search’’ and disturbance (examples include mailing list for public review and enter the docket number, excluding the construction right-of-way, contractor/ comment. If you would prefer to receive last three digits in the Docket Number pipe storage yards, compressor stations, a paper copy of the document instead field (i.e., CP17–79). Be sure you have and access roads). Our EA for this of the CD version or would like to selected an appropriate date range. For project will document our findings on remove your name from the mailing list, assistance, please contact FERC Online the impacts on historic properties and please return the attached Information Support at [email protected] summarize the status of consultations Request (appendix 2). or toll free at (866) 208–3676, or for under section 106. Becoming an Intervenor TTY, contact (202) 502–8659. The eLibrary link also provides access to the Environmental Mailing List In addition to involvement in the EA texts of formal documents issued by the scoping process, you may want to Commission, such as orders, notices, The environmental mailing list become an ‘‘intervenor’’ which is an includes federal, state, and local official party to the Commission’s and rulemakings. government representatives and proceeding. Intervenors play a more In addition, the Commission offers a agencies; elected officials; formal role in the process and are able free service called eSubscription which environmental and public interest to file briefs, appear at hearings, and be allows you to keep track of all formal groups; Native American Tribes; other heard by the courts if they choose to issuances and submittals in specific interested parties; and local libraries appeal the Commission’s final ruling. dockets. This can reduce the amount of and newspapers. This list also includes An intervenor formally participates in time you spend researching proceedings all affected landowners (as defined in the proceeding by filing a request to by automatically providing you with the Commission’s regulations) who are intervene. Instructions for becoming an notification of these filings, document potential right-of-way grantors, whose intervenor are in the ‘‘Document-less summaries, and direct links to the property may be used temporarily for Intervention Guide’’ under the ‘‘e-filing’’ documents. Go to www.ferc.gov/docs- project purposes, or who own homes link on the Commission’s Web site. filing/esubscription.asp. within certain distances of aboveground Motions to intervene are more fully Dated: April 18, 2017. facilities, and anyone who submits described at http://www.ferc.gov/ comments on the project. We will resources/guides/how-to/intervene.asp. Kimberly D. Bose, update the environmental mailing list as Secretary. the analysis proceeds to ensure that we Additional Information Appendix 1 send the information related to this Additional information about the environmental review to all individuals, project is available from the BILLING CODE 6717–01–P

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Appendix 2

INFORMATION REQUEST

Wekiva Parkway Relocation Project

Name______

Agency______

Address______

City______State ____ Zip Code______

D Please send me a paper copy of the published NEPA document

D Please remove my name from the mailing list

FROM______

ATTN: OEP- Gas 2, PJ -11.2 Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426

CP17-79-000 Wekiva Parkway Relocation Project Staple or Tape Here

[FR Doc. 2017–08267 Filed 4–24–17; 8:45 am] BILLING CODE 6717–01–C

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DEPARTMENT OF ENERGY intervention is necessary to become a Comments Due: 5 p.m. ET 4/28/17. party to the proceeding. Docket Numbers: ER17–1394–000. Federal Energy Regulatory eFiling is encouraged. More detailed Applicants: 83WI 8me, LLC. Commission information relating to filing Description: Supplement to April 7, requirements, interventions, protests, 2017 83WI 8me, LLC tariff filing Combined Notice of Filings service, and qualifying facilities filings (Substitute Market Power Screen Take notice that the Commission has can be found at: http://www.ferc.gov/ Attachments). received the following Natural Gas docs-filing/efiling/filing-req.pdf. For Filed Date: 4/17/17. Pipeline Rate and Refund Report filings: other information, call (866) 208–3676 Accession Number: 20170417–5334. (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 5/8/17. Filings Instituting Proceedings Dated: April 13, 2017. Docket Numbers: ER17–1429–000. Applicants: Monongahela Power Docket Number: PR17–20–002. Kimberly D. Bose, Company, PJM Interconnection, L.L.C. Applicants: Atmos Pipeline–Texas. Secretary. Description: Tariff filing per Description: § 205(d) Rate Filing: [FR Doc. 2017–08269 Filed 4–24–17; 8:45 am] 284.123(b),(e)/: Atmos Pipeline–Texas Monongahela submits Operating and Further Revisions to Statement of BILLING CODE 6717–01–P Interconnection Agreement No. 4673 Operating Con—Clone to be effective with ODEC to be effective 4/19/2017. Filed Date: 4/18/17. 4/11/2017; Filing Type: 1000. DEPARTMENT OF ENERGY Filed Date: 4/11/17. Accession Number: 20170418–5171. Comments Due: 5 p.m. ET 5/9/17. Accession Number: 201704115248. Federal Energy Regulatory Docket Numbers: ER17–1430–000. Comments/Protests Due: 5 p.m. ET Commission 5/2/17. Applicants: PJM Interconnection, Docket Numbers: RP17–651–000. Combined Notice of Filings #1 L.L.C. Description: Compliance filing: Errata Applicants: ARP Production to Compliance Filing in Docket No. Company, LLC, Tenaska Marketing Take notice that the Commission ER17–335–001 to be effective 1/9/2017. Ventures. received the following exempt Filed Date: 4/18/17. Description: Joint Petition of ARP wholesale generator filings: Docket Numbers: EG17–98–000. Accession Number: 20170418–5289. Production Company, LLC and Tenaska Comments Due: 5 p.m. ET 5/9/17. Marketing Ventures for Limited Waiver Applicants: The NRG Companies. Take notice that the Commission of Capacity Release Tariff Provision. Description: Notice of Self- Filed Date: 04/12/2017. Certification of Exempt Wholesale received the following public utility Accession Number: 20170412–5195. Generator Status of Buckthorn Westex, holding company filings: Comment Date: 5:00 p.m. Eastern LLC. Docket Numbers: PH17–13–000. Time on Monday, April 24, 2017. Filed Date: 4/18/17. Applicants: ArcLight Capital Holdings, LLC. Docket Numbers: RP17–652–000 Accession Number: 20170418–5172. Description: ArcLight Capital Applicants: Natural Gas Pipeline Comments Due: 5 p.m. ET 5/9/17. Holdings, LLC submits FERC 65–A Company of America. Take notice that the Commission Exemption Notification. Description: Natural Gas Pipeline received the following electric rate filings: Filed Date: 4/17/17. Company of America LLC submits tariff Accession Number: 20170417–5305. filing per 154.204: Update Filing to be Docket Numbers: ER10–2633–032; Comments Due: 5 p.m. ET 5/8/17. effective 5/12/2017. ER10–2570–032; ER10–2717–032; The filings are accessible in the Filed Date: 04/12/2017. ER10–3140–032. Commission’s eLibrary system by Accession Number: 20170412–5249. Applicants: Birchwood Power clicking on the links or querying the Comment Date: 5:00 p.m. Eastern Partners, L.P., Shady Hills Power docket number. Time on Monday, April 24, 2017. Company, L.L.C., EFS Parlin Holdings, Any person desiring to intervene or LLC, Inland Empire Energy Center, LLC. Docket Numbers: RP17–653–000. protest in any of the above proceedings Description: Notice of Non-Material Applicants: Kern River Gas must file in accordance with Rules 211 Change in Status of the GE Companies. Transmission Company. and 214 of the Commission’s Filed Date: 4/17/17. Description: Kern River Gas Regulations (18 CFR 385.211 and Accession Number: 20170417–5301. Transmission Company submits tariff 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 5/8/17. filing per 154.204: 2017 Clean-Up to be time on the specified comment date. effective 5/13/2017. Docket Numbers: ER12–1470–008. Protests may be considered, but Filed Date: 04/12/2017. Applicants: Energia Sierra Juarez U.S., intervention is necessary to become a Accession Number: 20170412–5275. LLC. party to the proceeding. Comment Date: 5:00 p.m. Eastern Description: Notice of Non-Material eFiling is encouraged. More detailed Time on Monday, April 24, 2017. Change in Status of Energia Sierra information relating to filing The filings are accessible in the Juarez U.S., LLC. requirements, interventions, protests, Commission’s eLibrary system by Filed Date: 4/18/17. service, and qualifying facilities filings clicking on the links or querying the Accession Number: 20170418–5180. can be found at: http://www.ferc.gov/ docket number. Comments Due: 5 p.m. ET 5/9/17. docs-filing/efiling/filing-req.pdf. For Any person desiring to intervene or Docket Numbers: ER17–1217–000. other information, call (866) 208–3676 protest in any of the above proceedings Applicants: Total Gas & Power North (toll free). For TTY, call (202) 502–8659. must file in accordance with Rules 211 America, Inc. and 214 of the Commission’s Description: Supplement to March 16, Dated: April 18, 2017. Regulations (18 CFR 385.211 and 2017 Total Gas & Power North America, Kimberly D. Bose, § 385.214) on or before 5:00 p.m. Eastern Inc. tariff filing. Secretary. time on the specified comment date. Filed Date: 4/18/17. [FR Doc. 2017–08262 Filed 4–24–17; 8:45 am] Protests may be considered, but Accession Number: 20170418–5088. BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: During the on the web, cloud, or other file sharing AGENCY meeting, the Subcommittee may also system). For additional submission hear progress reports from some of its methods, the full EPA public comment [FRL–9961–64–OAR] workgroups as well as updates and policy, information about CBI or announcements on activities of general multimedia submissions, and general Meeting of the Mobile Sources interest to attendees. guidance on making effective Technical Review Subcommittee For Individuals With Disabilities: For comments, please visit https:// information on access or services for www.epa.gov/dockets/commenting-epa- AGENCY: Environmental Protection individuals with disabilities, please dockets. Agency (EPA). contact Ms. McCubbin (see above). To FOR FURTHER INFORMATION CONTACT: Ms. ACTION: Notice of meeting. request accommodation of a disability, Evelyn Rosborough, Region 6, U.S. please contact Ms. McCubbin, SUMMARY: Pursuant to the Federal Environmental Protection Agency, 1445 preferably at least 10 days prior to the Advisory Committee Act notice is Ross Avenue, Dallas, Texas 75202–2733. meeting, to give EPA as much time as hereby given that the Mobile Sources Telephone: (214) 665–7515. possible to process your request. Technical Review Subcommittee A complete draft permit and a fact (MSTRS) will meet on May 31, 2017. Dated: April 5, 2017. sheet more fully explaining the proposal The MSTRS is a subcommittee under Christopher Grundler, may be obtained online from the Federal the Clean Air Act Advisory Committee. Office Director, Office of Transportation and eRulemaking Portal accessing the This is an open meeting. The meeting Air Quality. Docket listed above or from Ms. will include discussion of current topics [FR Doc. 2017–08254 Filed 4–24–17; 8:45 am] Rosborough. In addition, the Agency’s and presentations about activities being BILLING CODE 6560–50–P current administrative record on the conducted by EPA’s Office of proposal is available for examination at Transportation and Air Quality. The the Region’s Dallas offices during preliminary agenda for the meeting and ENVIRONMENTAL PROTECTION normal working hours after providing any notices about change in venue will AGENCY Ms. Rosborough 24 hours advance notice. be posted on the Subcommittee’s Web [FRL–9960–17–Region 6] site: http://www2.epa.gov/caaac/mobile- SUPPLEMENTARY INFORMATION: The sources-technical-review-subcommittee- Draft NPDES General Permit for permit prohibits the discharge of mstrs-caaac. MSTRS listserv subscribers Discharges From the Oil and Gas drilling fluid, drill cuttings, produced will receive notification when the Extraction Point Source Category to sand and well treatment, completion agenda is available on the Coastal Waters in Texas (TXG330000) and workover fluids. Discharges of Subcommittee Web site. To subscribe to dewatering effluents from reserve pits the MSTRS listserv, send an email to AGENCY: Environmental Protection are also proposed to be prohibited. [email protected]. Agency (EPA). Produced water discharges are DATES: Wednesday, May 31, 2017 from ACTION: Proposal of NPDES general prohibited. The discharge of deck 9:00 a.m. to 4:30 p.m. Registration permit renewal. drainage, formation test fluids, sanitary waste, domestic waste and begins at 8:30 a.m. SUMMARY: EPA Region 6 today proposes ADDRESSES: The meeting is currently a National Pollutant Discharge miscellaneous discharges is authorized. scheduled to be held at Washington Elimination System (NPDES) general More stringent requirements are Marriott Metro Center, 775 12th Street permit regulating discharges from oil proposed to regulate discharges to water NW., Washington, DC 20005. However, and gas wells in the Coastal Subcategory quality-impaired waterbodies. Pursuant this date and location are subject to in Texas which discharge into coastal to the section 316(b) of the Clean Water change and interested parties should waters in Texas. Act (CWA), monitoring requirements for cooling water intake structures for new monitor the Subcommittee Web site DATES: Comments must be received by facilities are also proposed in this (above) for the latest logistical June 9, 2017. information. permit. Proposed changes include ADDRESSES: Comment: Submit your clarification of miscellaneous discharges FOR FURTHER INFORMATION CONTACT: comments, identified by Docket ID No. and electronic reporting requirements. Courtney McCubbin, Designated Federal EPA–R06–OW–2017–0160 to the Rationales for those changes are Officer, Transportation and Climate Federal eRulemaking Portal: http:// described in the fact sheet. To obtain Division, Mailcode 6406A, U.S. EPA, www.regulations.gov. Follow the online discharge authorization, operators of 1200 Pennsylvania Ave. NW., instructions for submitting comments. such facilities must submit a new Notice Washington, DC 20460; Ph: 202–564– Once submitted, comments cannot be of Intent (NOI). To determine whether 2436; email: mccubbin.courtney@ edited or withdrawn. EPA may publish your facility, company, business, epa.gov. any comment received to its public organization, etc. is regulated by this Background on the work of the docket. Do not submit electronically any action, you should carefully examine Subcommittee is available at: https:// information you consider to be the applicability criteria in Part I, www.epa.gov/caaac/mobile-sources- Confidential Business Information (CBI) Section A.1 of this permit. technical-review-subcommittee-mstrs- or other information whose disclosure is If you have questions regarding the caaac Individuals or organizations restricted by statute. Multimedia applicability of this action to a wishing to provide comments to the submissions (audio, video, etc.) must be particular entity, consult the person Subcommittee should submit them to accompanied by a written comment. listed in the preceding FOR FURTHER Ms. McCubbin at the address above by The written comment is considered the INFORMATION CONTACT section. May 17, 2017. The Subcommittee official comment and should include expects that public statements presented discussion of all points you wish to Other Legal Requirements at its meetings will not be repetitive of make. EPA will generally not consider State certification under section 401 previously submitted oral or written comments or comment contents located of the CWA; consistency with the Texas statements. outside of the primary submission (i.e. Coastal Management Program; and

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compliance with National comments, please visit https:// Other Legal Requirements Environmental Policy Act, Endangered www.epa.gov/dockets/commenting-epa- State certification under section 401 Species Act, Magnuson-Stevens Fishery dockets. of the CWA; compliance with Conservation and Management Act, Endangered Species Act, Historic FOR FURTHER INFORMATION CONTACT: Ms. Historic Preservation Act, Paperwork Preservation Act, Paperwork Reduction Evelyn Rosborough, Region 6, U.S. Reduction Act, and Regulatory Act, and Regulatory Flexibility Act Environmental Protection Agency, 1445 Flexibility Act requirements are requirements are discussed in the fact Ross Avenue, Dallas, Texas 75202–2733. discussed in the fact sheet to the sheet to the proposed permit. proposed permit. Telephone: (214) 665–7515. Dated: March 2, 2017. Dated: March 2, 2017. A complete draft permit and a fact William K. Honker, William K. Honker, sheet more fully explaining the proposal Director, Water Division, EPA Region 6. Director, Water Division, EPA Region 6. may be obtained online from the Federal [FR Doc. 2017–08256 Filed 4–24–17; 8:45 am] [FR Doc. 2017–08255 Filed 4–24–17; 8:45 am] eRulemaking Portal accessing the BILLING CODE 6560–50–P BILLING CODE 6560–50–P Docket listed above or from Ms. Rosborough. In addition, the Agency’s current administrative record on the ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION proposal is available for examination at AGENCY AGENCY the Region’s Dallas offices during [EPA–HQ–OPPT–2016–0511; FRL–9959–33] [FRL–9960–18–Region 6] normal working hours after providing Ms. Rosborough 24 hours advance Certain New Chemicals or Significant notice. Proposed Issuance of the NPDES New Uses; Statements of Findings for General Permit for Discharges From December 2016 the Oil and Gas Extraction Point SUPPLEMENTARY INFORMATION: The Source Category—Stripper current permit authorizes discharges of AGENCY: Environmental Protection Subcategory in Texas (TXG350000) produced water from wells in the Agency (EPA). Stripper Subcategory located east of the ACTION: Notice. AGENCY: Environmental Protection 98th meridian whose produced water Agency (EPA). comes from the Carrizo/Wilcox, Reklaw SUMMARY: Section 5(g) of the Toxic ACTION: Proposal of NPDES General or Bartosh formations in Texas as Substances Control Act (TSCA) requires Permit Renewal. authorized by the expiring permit. EPA EPA to publish in the Federal Register is soliciting comments whether to a statement of its findings after its SUMMARY: EPA Region 6 today proposes expand the permit coverage to include review of TSCA section 5(a) notices a National Pollutant Discharge when EPA makes a finding that a new Elimination System (NPDES) general all stripper wells in Texas. The permit chemical substance or significant new permit regulating discharges from oil proposes to authorize discharges of use is not likely to present an and gas wells in the Stripper produced water, well field drainage, and unreasonable risk of injury to health or Subcategory which discharge into chemical-free miscellaneous discharges. the environment. Such statements apply waters in Texas. More stringent requirements are proposed to regulate discharges to water to premanufacture notices (PMNs), DATES: Comments must be received by microbial commercial activity notices June 9, 2017. quality-impaired waterbodies. Proposed changes include (1) removal of (MCANs), and significant new use ADDRESSES: Comment: Submit your authorization for sanitary waste, notices (SNUNs) submitted to EPA comments, identified by Docket ID No. domestic waste, and miscellaneous under TSCA section 5. This document EPA–R06–OW–2017–0161 to the discharges which are unrelated to presents statements of findings made by Federal eRulemaking Portal: http:// stripper well operations; (2) removal of EPA on TSCA section 5(a) notices www.regulations.gov. Follow the online authorization of direct discharge to during the period from December 1, instructions for submitting comments. 2016 to December 31, 2016. Once submitted, comments cannot be coastal waters; (3) revision of the toxicity monitoring requirement and FOR FURTHER INFORMATION CONTACT: For edited or withdrawn. EPA may publish technical information contact: Greg any comment received to its public removal of the ion-imbalance exemption; (4) the addition of electronic Schweer, Chemical Control Divison docket. Do not submit electronically any (7405M), Office of Pollution Prevention information you consider to be filing requirements for Notices of Intent (NOIs); and (5) the addition of a and Toxics, Environmental Protection Confidential Business Information (CBI) Agency, 1200 Pennsylvania Ave. NW., or other information whose disclosure is ‘‘sufficiently sensitive method’’ requirement for analysis. Rationales for Washington, DC 20460–0001; telephone restricted by statute. Multimedia number: 202–564–8469; email address: submissions (audio, video, etc.) must be those changes are described in the Fact Sheet. To obtain discharge [email protected]. accompanied by a written comment. For general information contact: The authorization, operators of such The written comment is considered the TSCA-Hotline, ABVI-Goodwill, 422 facilities must submit a new NOI. To official comment and should include South Clinton Ave., Rochester, NY determine whether your facility, discussion of all points you wish to 14620; telephone number: (202) 554– company, business, organization, etc. is make. EPA will generally not consider 1404; email address: TSCA-Hotline@ regulated by this action, you should comments or comment contents located epa.gov. outside of the primary submission (i.e., carefully examine the applicability on the web, cloud, or other file sharing criteria in Part I, Section A.1 of this SUPPLEMENTARY INFORMATION: system). For additional submission permit. If you have questions regarding I. General Information methods, the full EPA public comment the applicability of this action to a policy, information about CBI or particular entity, consult the person A. Does this action apply to me? multimedia submissions, and general listed in the preceding FOR FURTHER This action is directed to the public guidance on making effective INFORMATION CONTACT section. in general. As such, the Agency has not

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attempted to describe the specific there is or may be significant or • EPA case number assigned to the entities that this action may apply to. substantial human exposure to the TSCA section 5(a) notice. Although others may be affected, this substance; or • Chemical identity (generic name, if action applies directly to the submitters • The chemical substance or the specific name is claimed as CBI). of the PMNs addressed in this action. significant new use is not likely to • Web site link to EPA’s decision present an unreasonable risk of injury to document describing the basis of the B. How can I get copies of this document health or the environment. ‘‘not likely to present an unreasonable and other related information? Unreasonable risk findings must be risk’’ finding made by EPA under TSCA The docket for this action, identified made without consideration of costs or section 5(a)(3)(C). by docket identification (ID) number other non-risk factors, including an EPA Case Number: J–16–0033; EPA–HQ–OPPT–2016–0511, is available unreasonable risk to a potentially Chemical identity: Saccharomyces at http://www.regulations.gov or at the exposed or susceptible subpopulation cerevisiae modified to express Office of Pollution Prevention and identified as relevant under the glucoamylase activity (generic name); Toxics Docket (OPPT Docket), conditions of use. The term ‘‘conditions Web site link: https://www.epa.gov/ Environmental Protection Agency of use’’ is defined in TSCA section 3 to reviewing-new-chemicals-under-toxic- Docket Center (EPA/DC), West William mean ‘‘the circumstances, as determined substances-control-act-tsca/tsca-section- Jefferson Clinton Bldg., Rm. 3334, 1301 by the Administrator, under which a 5a3c-determination-37. Constitution Ave. NW., Washington, chemical substance is intended, known, EPA Case Number: J–16–0034; DC. The Public Reading Room is open or reasonably foreseen to be Chemical identity: Saccharomyces from 8:30 a.m. to 4:30 p.m., Monday manufactured, processed, distributed in cerevisiae modified (generic name); Web through Friday, excluding legal commerce, used, or disposed of.’’ site link: https://www.epa.gov/ reviewing-new-chemicals-under-toxic- holidays. The telephone number for the EPA is required under TSCA section substances-control-act-tsca/tsca-section- Public Reading Room is (202) 566–1744, 5(g) to publish in the Federal Register and the telephone number for the OPPT 5a3c-determination-36. a statement of its findings after its EPA Case Number: J–16–0035; Docket is (202) 566–0280. Please review review of a TSCA section 5(a) notice the visitor instructions and additional Chemical identity: Saccharomyces when EPA makes a finding that a new cerevisiae modified (generic name); Web information about the docket available chemical substance or significant new at http://www.epa.gov/dockets. site link: https://www.epa.gov/ use is not likely to present an reviewing-new-chemicals-under-toxic- II. What action is the Agency taking? unreasonable risk of injury to health or substances-control-act-tsca/tsca-section- the environment. Such statements apply This document lists the statements of 5a3c-determination-34. to PMNs, MCANs, and SNUNs findings made by EPA after review of EPA Case Number: J–16–0036—0041; submitted to EPA under TSCA section notices submitted under TSCA section Chemical identity: Biofuel producing 5. 5(a) that certain new chemical modified microorganism(s), with Anyone who plans to manufacture substances or significant new uses are chromosomally-borne modifications (which includes import) a new chemical not likely to present an unreasonable (generic name); Web site link: https:// substance for a non-exempt commercial risk of injury to health or the www.epa.gov/reviewing-new-chemicals- purpose and any manufacturer or environment. This document presents under-toxic-substances-control-act-tsca/ processor wishing to engage in a use of statements of findings made by EPA tsca-section-5a3c-determination-35. a chemical substance designated by EPA during the period from December 1, EPA Case Number: P–17–0009; as a significant new use must submit a 2016 to December 31, 2016. Chemical identity: Depolymerized waste notice to EPA at least 90 days before plastics (generic name); Web site link: III. What is the Agency’s authority for commencing manufacture of the new https://www.epa.gov/reviewing-new- taking this action? chemical substance or before engaging chemicals-under-toxic-substances- TSCA section 5(a)(3) requires EPA to in the significant new use. control-act-tsca/tsca-section-5a3c- review a TSCA section 5(a) notice and The submitter of a notice to EPA for determination-38. make one of the following specific which EPA has made a finding of ‘‘not EPA Case Number: P–17–0016; findings: likely to present an unreasonable risk of Chemical identity: Hydroxyl alkyl • The chemical substance or injury to health or the environment’’ acrylate ester, polymer with acrylates, significant new use presents an may commence manufacture of the aromatic vinyl monomer, cycloaliphatic unreasonable risk of injury to health or chemical substance or manufacture or lactone, and alkyl carboxylic acid, the environment; processing for the significant new use peroxide initiated (generic name); Web • The information available to EPA is notwithstanding any remaining portion site link: https://www.epa.gov/ insufficient to permit a reasoned of the applicable review period. reviewing-new-chemicals-under-toxic- evaluation of the health and IV. Statements of Administrator substances-control-act-tsca/tsca-section- environmental effects of the chemical Findings Under TSCA Section 5(a)(3)(C) 5a3c-determination-39. substance or significant new use; EPA Case Number: P–17–0017; • The information available to EPA is In this unit, EPA provides the Chemical identity: Hydroxyl alkyl insufficient to permit a reasoned following information (to the extent that acrylate ester, polymer with acrylates, evaluation of the health and such information is not claimed as aromatic vinyl monomer, cycloaliphatic environmental effects and the chemical Confidential Business Information lactone, and alkyl carboxylic acid, substance or significant new use may (CBI)) on the PMNs, MCANs and peroxide initiated (generic name); Web present an unreasonable risk of injury to SNUNs for which, during this period, site link: https://www.epa.gov/ health or the environment; EPA has made findings under TSCA reviewing-new-chemicals-under-toxic- • The chemical substance is or will section 5(a)(3)(C) that the new chemical substances-control-act-tsca/tsca-section- be produced in substantial quantities, substances or significant new uses are 5a3c-determination-39. and such substance either enters or may not likely to present an unreasonable EPA Case Number: P–17–0018; reasonably be anticipated to enter the risk of injury to health or the Chemical identity: Hydroxyl alkyl environment in substantial quantities or environment: acrylate ester, polymer with acrylates,

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aromatic vinyl monomer, cycloaliphatic to premanufacture notices (PMNs), statements of findings made by EPA lactone, and alkyl carboxylic acid, microbial commercial activity notices during the period from January 1, 2017 Azobis [aliphatic nitrile] initiated (MCANs), and significant new use to February 28, 2017. (generic name); Web site link: https:// notices (SNUNs) submitted to EPA III. What is the Agency’s authority for www.epa.gov/reviewing-new-chemicals- under TSCA section 5. This document taking this action? under-toxic-substances-control-act-tsca/ presents statements of findings made by tsca-section-5a3c-determination-39. EPA on TSCA section 5(a) notices TSCA section 5(a)(3) requires EPA to EPA Case Number: P–17–0019; during the period from January 1, 2017 review a TSCA section 5(a) notice and Chemical identity: Hydroxyl alkyl to February 28, 2017. make one of the following specific acrylate ester, polymer with acrylates, findings: FOR FURTHER INFORMATION CONTACT: • aromatic vinyl monomer, cycloaliphatic For technical information contact: The chemical substance or lactone, and alkyl carboxylic acid, Greg Schweer, Chemical Control significant new use presents an peroxide initiated (generic name); Web Division (7405M), Office of Pollution unreasonable risk of injury to health or site link: https://www.epa.gov/ the environment; Prevention and Toxics, Environmental • reviewing-new-chemicals-under-toxic- Protection Agency, 1200 Pennsylvania The information available to EPA is substances-control-act-tsca/tsca-section- Ave. NW., Washington, DC 20460–0001; insufficient to permit a reasoned 5a3c-determination-39. telephone number: 202–564–8469; evaluation of the health and EPA Case Number: P–17–0020; email address: [email protected]. environmental effects of the chemical Chemical identity: Hydroxyl alkyl substance or significant new use; For general information contact: The • acrylate ester, polymer with acrylates, TSCA-Hotline, ABVI-Goodwill, 422 The information available to EPA is aromatic vinyl monomer, cycloaliphatic South Clinton Ave., Rochester, NY insufficient to permit a reasoned lactone, and alkyl carboxylic acid, 14620; telephone number: (202) 554– evaluation of the health and peroxide initiated (generic name); Web 1404; email address: TSCA-Hotline@ environmental effects and the chemical site link: https://www.epa.gov/ epa.gov. substance or significant new use may reviewing-new-chemicals-under-toxic- present an unreasonable risk of injury to SUPPLEMENTARY INFORMATION: health or the environment; substances-control-act-tsca/tsca-section- • 5a3c-determination-39. I. General Information The chemical substance is or will be produced in substantial quantities, EPA Case Number: P–17–0021; A. Does this action apply to me? Chemical identity: Hydroxyl alkyl and such substance either enters or may acrylate ester, polymer with acrylates, This action is directed to the public reasonably be anticipated to enter the aromatic vinyl monomer, cycloaliphatic in general. As such, the Agency has not environment in substantial quantities or lactone, and alkyl carboxylic acid, attempted to describe the specific there is or may be significant or Azobis [aliphatic nitrile] initiated entities that this action may apply to. substantial human exposure to the Although others may be affected, this substance; or (generic name); Web site link: https:// • www.epa.gov/reviewing-new-chemicals- action applies directly to the submitters The chemical substance or under-toxic-substances-control-act-tsca/ of the PMNs addressed in this action. significant new use is not likely to tsca-section-5a3c-determination-39. present an unreasonable risk of injury to B. How can I get copies of this document health or the environment. Authority: 15 U.S.C. 2601 et seq. and other related information? Unreasonable risk findings must be Dated: February 13, 2017. The docket for this action, identified made without consideration of costs or Maria J. Doa, by docket identification (ID) number other non-risk factors, including an Director, Chemical Control Division, Office EPA–HQ–OPPT–2017–0141, is available unreasonable risk to a potentially of Pollution Prevention and Toxics. at http://www.regulations.gov or at the exposed or susceptible subpopulation [FR Doc. 2017–08250 Filed 4–24–17; 8:45 am] Office of Pollution Prevention and identified as relevant under the conditions of use. The term ‘‘conditions BILLING CODE 6560–50–P Toxics Docket (OPPT Docket), Environmental Protection Agency of use’’ is defined in TSCA section 3 to Docket Center (EPA/DC), West William mean ‘‘the circumstances, as determined ENVIRONMENTAL PROTECTION Jefferson Clinton Bldg., Rm. 3334, 1301 by the Administrator, under which a AGENCY Constitution Ave. NW., Washington, chemical substance is intended, known, DC. The Public Reading Room is open or reasonably foreseen to be [EPA–HQ–OPPT–2017–0141; FRL–9960–36] from 8:30 a.m. to 4:30 p.m., Monday manufactured, processed, distributed in Certain New Chemicals or Significant through Friday, excluding legal commerce, used, or disposed of.’’ EPA is required under TSCA section New Uses; Statements of Findings for holidays. The telephone number for the 5(g) to publish in the Federal Register February 2017 Public Reading Room is (202) 566–1744, and the telephone number for the OPPT a statement of its findings after its AGENCY: Environmental Protection Docket is (202) 566–0280. Please review review of a TSCA section 5(a) notice Agency (EPA). the visitor instructions and additional when EPA makes a finding that a new ACTION: Notice. information about the docket available chemical substance or significant new at http://www.epa.gov/dockets. use is not likely to present an SUMMARY: Section 5(g) of the Toxic unreasonable risk of injury to health or Substances Control Act (TSCA) requires II. What action is the Agency taking? the environment. Such statements apply EPA to publish in the Federal Register This document lists the statements of to PMNs, MCANs, and SNUNs a statement of its findings after its findings made by EPA after review of submitted to EPA under TSCA section review of TSCA section 5(a) notices notices submitted under TSCA section 5. when EPA makes a finding that a new 5(a) that certain new chemical Anyone who plans to manufacture chemical substance or significant new substances or significant new uses are (which includes import) a new chemical use is not likely to present an not likely to present an unreasonable substance for a non-exempt commercial unreasonable risk of injury to health or risk of injury to health or the purpose and any manufacturer or the environment. Such statements apply environment. This document presents processor wishing to engage in a use of

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a chemical substance designated by EPA EPA Case Number: P–17–0160; stay clear of the suspended loads of a as a significant new use must submit a Chemical identity: 2-Propenoic acid, crane.) notice to EPA at least 90 days before alkyl-, alkyl ester, polymer with alkyl 2- Any person attending this meeting commencing manufacture of the new propenoate, dialkyloxoalkyl-2- who requires special accessibility chemical substance or before engaging propenamide and alkyl 2-propenoate features and/or auxiliary aids, such as in the significant new use. (generic name); Web site link: https:// sign language interpreters, must inform The submitter of a notice to EPA for www.epa.gov/reviewing-new-chemicals- the Commission in advance of those which EPA has made a finding of ‘‘not under-toxic-substances-control-act-tsca/ needs. Subject to 29 CFR 2706.150(a)(3) likely to present an unreasonable risk of tsca-section-5a3c-determination-44. and 2706.160(d). injury to health or the environment’’ EPA Case Number: P–17–0161; may commence manufacture of the Chemical identity: 2-Propenoic acid, CONTACT PERSON FOR MORE INFORMATION: chemical substance or manufacture or alkyl-, alkyl ester, polymer with alkyl 2- Emogene Johnson (202) 434–9935/(202) processing for the significant new use propenoate, dialkyloxoalkyl-2- 708–9300 for TDD, Relay/1–800–877– notwithstanding any remaining portion propenamide, ethenylbenzene and alkyl 8339 for toll free. of the applicable review period. 2-propenoate (generic name); Web site PHONE NUMBER FOR LISTENING TO IV. Statements of Administrator link: https://www.epa.gov/reviewing- ARGUMENT: 1–(866) 867–4769, Passcode: Findings Under TSCA Section 5(a)(3)(C) new-chemicals-under-toxic-substances- 129–339. control-act-tsca/tsca-section-5a3c- In this unit, EPA provides the determination-44. Sarah L. Stewart, following information (to the extent that EPA Case Number: P–17–0182; Deputy General Counsel. such information is not claimed as Chemical identity: Alkyldioic acid, [FR Doc. 2017–08415 Filed 4–21–17; 11:15 am] Confidential Business Information polymer with 2,2-dimethyl-1,3- BILLING CODE 6735–01–P (CBI)) on the PMNs, MCANs and propanediol, heteropolycyclic carboxy SNUNs for which, during this period, acid anhydride and 1,3-propanediol EPA has made findings under TSCA (generic name); Web site link: https:// FEDERAL MINE SAFETY AND HEALTH section 5(a)(3)(C) that the new chemical www.epa.gov/reviewing-new-chemicals- REVIEW COMMISSION substances or significant new uses are under-toxic-substances-control-act-tsca/ not likely to present an unreasonable tsca-section-5a3c-determination-45. [BAC 6735–01] risk of injury to health or the EPA Case Number: P–17–0185; environment: Chemical identity: Fatty acids, C18- Sunshine Act Notice • EPA case number assigned to the unsatd., dimers, hydrogenated, TSCA section 5(a) notice. April 21, 2017. • polymers with C18-unsatd. fatty acid Chemical identity (generic name, if trimers, alkylenediamine and TIME AND DATE: 10:00 a.m., Thursday, the specific name is claimed as CBI). • hydroxyalkanoic acid (generic name); June 29, 2017. Web site link to EPA’s decision Web site link: https://www.epa.gov/ PLACE: The Richard V. Backley Hearing document describing the basis of the reviewing-new-chemicals-under-toxic- Room, Room 511N, 1331 Pennsylvania ‘‘not likely to present an unreasonable substances-control-act-tsca/tsca-section- Avenue NW., Washington, DC 20004 risk’’ finding made by EPA under TSCA 5a3c-determination-46. section 5(a)(3)(C). (enter from F Street entrance). EPA Case Number: J–17–0001–0005; Authority: 15 U.S.C. 2601 et seq. STATUS: Open. Chemical identity: Saccharomyces Dated: March 29, 2017. cerevisiae modified (generic name); Web Maria J. Doa, MATTERS TO BE CONSIDERED: The Commission will hear oral argument in site link: https://www.epa.gov/ Director, Chemical Control Division, Office reviewing-new-chemicals-under-toxic- of Pollution Prevention and Toxics. the matter Secretary of Labor v. Sims Crane, Inc., Docket No. SE 2015–315. substances-control-act-tsca/tsca-section- [FR Doc. 2017–08246 Filed 4–24–17; 8:45 am] 5a3c-determination-40. (Issues include whether the Judge erred EPA Case Number: J–17–0006; BILLING CODE 6560–50–P in interpreting the standard providing Chemical identity: Saccharomyces that miners must stay clear of the cerevisiae modified (generic name); Web suspended loads of a crane.) site link: https://www.epa.gov/ FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Any person attending this oral reviewing-new-chemicals-under-toxic- argument who requires special substances-control-act-tsca/tsca-section- Sunshine Act Notice accessibility features and/or auxiliary 5a3c-determination-42. aids, such as sign language interpreters, EPA Case Number: P–17–0144; April 21, 2017. must inform the Commission in advance Chemical identity: Amines, C36- TIME AND DATE: 10:00 a.m., Friday, June of those needs. Subject to 29 CFR alkylenedi-, polymers with octahydro- 30, 2017. 2706.150(a)(3) and 2706.160(d). 4,7-methano-1H-indenedimethanamine PLACE: and pyromellitic dianhydride, maleated The Richard V. Backley Hearing CONTACT PERSON FOR MORE INFORMATION: (CASRN: 2020378–57–6); Web site link: Room, Room 511N, 1331 Pennsylvania Emogene Johnson (202) 434–9935/(202) https://www.epa.gov/reviewing-new- Avenue NW., Washington, DC 20004 708–9300 for TDD Relay/1–800–877– chemicals-under-toxic-substances- (enter from F Street entrance). 8339 for toll free. STATUS: control-act-tsca/tsca-section-5a3c- Open. PHONE NUMBER FOR LISTENING TO determination-41. MATTERS TO BE CONSIDERED: The ARGUMENT: 1–(866) 867–4769, Passcode: EPA Case Number: P–17–0158; Commission will consider and act upon 129–339. Chemical identity: Perylene bisimide the following in open session: Secretary (generic name); Web site link: https:// of Labor v. Sims Crane, Inc., Docket No. Sarah L. Stewart, www.epa.gov/reviewing-new-chemicals- SE 2015–315. (Issues include whether Deputy General Counsel. under-toxic-substances-control-act-tsca/ the Judge erred in interpreting the [FR Doc. 2017–08414 Filed 4–21–17; 11:15 am] tsca-section-5a3c-determination-43. standard providing that miners must BILLING CODE P

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FEDERAL RESERVE SYSTEM CFR part 225) to engage de novo, or to companies owned by the savings and acquire or control voting securities or loan holding company, including the Change in Bank Control Notices; assets of a company, including the companies listed below. Acquisitions of Shares of a Bank or companies listed below, that engages The applications listed below, as well Bank Holding Company either directly or through a subsidiary or as other related filings required by the other company, in a nonbanking activity Board, are available for immediate The notificants listed below have that is listed in § 225.28 of Regulation Y inspection at the Federal Reserve Bank applied under the Change in Bank (12 CFR 225.28) or that the Board has indicated. The application also will be Control Act (12 U.S.C. 1817(j)) and determined by Order to be closely available for inspection at the offices of § 225.41 of the Board’s Regulation Y (12 related to banking and permissible for the Board of Governors. Interested CFR 225.41) to acquire shares of a bank bank holding companies. Unless persons may express their views in or bank holding company. The factors otherwise noted, these activities will be writing on the standards enumerated in that are considered in acting on the conducted throughout the United States. the HOLA (12 U.S.C. 1467a(e)). If the notices are set forth in paragraph 7 of Each notice is available for inspection proposal also involves the acquisition of the Act (12 U.S.C. 1817(j)(7)). at the Federal Reserve Bank indicated. a nonbanking company, the review also The notices are available for The notice also will be available for includes whether the acquisition of the immediate inspection at the Federal inspection at the offices of the Board of nonbanking company complies with the Reserve Bank indicated. The notices Governors. Interested persons may standards in section 10(c)(4)(B) of the also will be available for inspection at express their views in writing on the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless the offices of the Board of Governors. question whether the proposal complies otherwise noted, nonbanking activities Interested persons may express their with the standards of section 4 of the will be conducted throughout the views in writing to the Reserve Bank BHC Act. United States. indicated for that notice or to the offices Unless otherwise noted, comments Unless otherwise noted, comments of the Board of Governors. Comments regarding the applications must be regarding each of these applications must be received not later than May 10, received at the Reserve Bank indicated must be received at the Reserve Bank 2017. or the offices of the Board of Governors indicated or the offices of the Board of A. Federal Reserve Bank of Kansas not later than May 19, 2017. Governors not later than May 19, 2017. City (Dennis Denney, Assistant Vice A. Federal Reserve Bank of New York A. Federal Reserve Bank of Cleveland President) 1 Memorial Drive, Kansas (Ivan Hurwitz, Vice President) 33 (Nadine Wallman, Vice President), 1455 City, Missouri 64198–0001: Liberty Street, New York, New York East Sixth Street, Cleveland, Ohio 1. The Deterding Irrevocable Trust, 10045–0001. Comments can also be sent 44101–2566. Comments can also be sent Wichita, Kansas (the DIT); Jane A. electronically to electronically to Deterding, Goddard, Kansas, as co- [email protected]: [email protected]: trustee of the DIT; Amy S. Keeny, 1. Sterling Bancorp, Montebello, New 1. The Victory Trust, Greg A. Fisher, Wichita, Kansas, as co-trustee of the York; to acquire 100 percent of the Trustee and the Granville/Annapolis DIT; Mark Keeny, as co-trustee of the voting shares of Astoria Financial Trust, Greg A. Fisher, Trustee, both of Mark D. Keeny Revocable Trust Corporation, Lake Success, New York, Villa Hills, Kentucky; to become savings (restated) and the Amy S. Keeny and indirectly acquire Astoria Bank, and loan holding companies by Revocable (restated), all of Wichita, Long Island City, New York, and acquiring 50 percent of the outstanding Kansas; and the Jane A. Deterding thereby engage in extending credit and shares of Victory Bancorp, Inc., Fort Revocable Trust, Jane A. Deterding, servicing loans and in operating a Mitchell, Kentucky, and thereby acquire trustee; to retain voting shares of King savings association, pursuant to section shares of Victory Community Bank, Bancshares, Inc., Kingman, Kansas 225.28(b)(2) and (b)(4). FSB, Fort Mitchell, Kentucky. (Company). Citizens Bank of Kansas, Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve Kingman, Kansas. Additionally, the System, April 19, 2017. System, April 19, 2017. Amy S. Keeny Revocable Trust Margaret M. Shanks, Margaret M. Shanks, (restated) and the Mark D. Keeny Deputy Secretary of the Board. Deputy Secretary of the Board. Revocable Trust (restated) to retain shares of the company as members of [FR Doc. 2017–08275 Filed 4–24–17; 8:45 am] [FR Doc. 2017–08274 Filed 4–24–17; 8:45 am] the Deterding Family Group which, BILLING CODE 6210–01–P BILLING CODE 6210–01–P acting in concert, controls Company. Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM System, April 19, 2017. Margaret M. Shanks, Formations of, Acquisitions by, and Notice of Proposals To Engage in or Deputy Secretary of the Board. Mergers of Savings and Loan Holding To Acquire Companies Engaged in [FR Doc. 2017–08277 Filed 4–24–17; 8:45 am] Companies Permissible Nonbanking Activities BILLING CODE 6210–01–P The companies listed in this notice The companies listed in this notice have applied to the Board for approval, have given notice under section 10 of pursuant to the Home Owners’ Loan Act the Home Owners’ Loan Act (12 U.S.C. FEDERAL RESERVE SYSTEM (12 U.S.C. 1461 et seq.) (HOLA), 1467a) (HOLA) and Regulation LL, (12 Notice of Proposals To Engage in or Regulation LL (12 CFR part 238), and CFR part 238) to engage de novo, or to To Acquire Companies Engaged in Regulation MM (12 CFR part 239), and acquire or control voting securities or Permissible Nonbanking Activities all other applicable statutes and assets of a company, including the regulations to become a savings and companies listed below, that engages The companies listed in this notice loan holding company and/or to acquire either directly or through a subsidiary or have given notice under section 4 of the the assets or the ownership of, control other company, in a nonbanking activity Bank Holding Company Act (12 U.S.C. of, or the power to vote shares of a that is listed in § 238.53 of Regulation 1843) (BHC Act) and Regulation Y, (12 savings association and nonbanking LL (12 CFR 225.53). Unless otherwise

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noted, these activities will be conducted ACTION: Notice. record under the Freedom of throughout the United States. Information Act (FOIA) and the Privacy Each notice is available for inspection SUMMARY: The Food and Drug Act. The form is available at the at the Federal Reserve Bank indicated. Administration (FDA) is announcing following FDA FOIA page at: https:// The notice also will be available for that a proposed collection of www.fda.gov/RegulatoryInformation/ inspection at the offices of the Board of information has been submitted to the FOI/default.htm, although if an Governors. Interested persons may Office of Management and Budget individual requests one, we will send it express their views in writing on the (OMB) for review and clearance under by mail or email. The FOIA grants the question whether the proposal complies the Paperwork Reduction Act of 1995. public a right to access Federal records with the standards of section 10(c)(4)(B) DATES: Fax written comments on the not normally prepared for public of the HOLA 12 U.S.C. 1467a(c)(4)(B). collection of information by May 25, distribution. The Privacy Act grants a Unless otherwise noted, comments 2017. right of access to members of the public regarding the notices must be received ADDRESSES: To ensure that comments on who seek access to one’s own records at the Reserve Bank indicated or the the information collection are received, that are maintained in an Agency’s offices of the Board of Governors not OMB recommends that written system of records (i.e. the records are later than May 10, 2017. retrieved by that individual’s name or A. Federal Reserve Bank of Dallas comments be faxed to the Office of other personal identifier). The statutes (Robert L. Triplett III, Senior Vice Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: overlap, and individuals who request President) 2200 North Pearl Street, _ Dallas, Texas 75201–2272: 202–395–7285, or emailed to oira their own records are processed under 1. The SLHC Trust and The Mark and [email protected]. All both statutes. The Agency may need to Pamela Okada Family Trust, and comments should be identified with the confirm that the individual making the NexBank Capital, Inc., all of Dallas, OMB control number 0910–NEW and FOIA or Privacy Act request is indeed Texas; to continue to engage in the title ‘‘Certification of Identity for the same person named in the Agency activities of (i) the acquisition of Freedom of Information Act and Privacy records. improved real estate to be held for rental Act Requests.’’ Also include the FDA Members of the public who wish to and (ii) the maintenance and docket number found in brackets in the access particular records will be asked management of improved real estate heading of this document. for certain information: Name, pursuant to sections 238.53(b)(6) and FOR FURTHER INFORMATION CONTACT: citizenship status, social security (b)(8) of Regulation LL. JonnaLynn Cappezzuto, Office of number, address, date of birth, place of Board of Governors of the Federal Reserve Operations, Food and Drug birth, signature, and date of signature. Administration, Three White Flint System, April 19, 2017. In the Federal Register of August 4, Margaret M. Shanks, North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301–796– 2016 (81 FR 51455), FDA published a Deputy Secretary of the Board. 3794. 60-day notice requesting public [FR Doc. 2017–08276 Filed 4–24–17; 8:45 am] comment on the proposed collection of BILLING CODE 6210–01–P SUPPLEMENTARY INFORMATION: In information. No comments were compliance with 44 U.S.C. 3507, FDA received. has submitted the following proposed FDA estimates the burden of this collection of information to OMB for DEPARTMENT OF HEALTH AND collection of information as follows: HUMAN SERVICES review and clearance. As stated in table 1, the estimates are Certification of Identity for Freedom of Food and Drug Administration based on the following: The number of Information Act and Privacy Act FOIA and Privacy Act requests received [Docket No. FDA–2016–N–2066] Requests—OMB Control Number by FDA each year that require a 0910—NEW Agency Information Collection certification of identity in order for FDA Activities; Submission for Office of In compliance with 44 U.S.C. 3507, to process the request. Of the 10,000 Management and Budget Review; FDA will submit to OMB a request to requests received per year, only a small Comment Request; Certification of review and approve a new collection of number require a certification of Identity for Freedom of Information Act information: Certification of Identity for identity. In some cases, the requesters and Privacy Act Requests Freedom of Information Act and Privacy provide their own certification of Act Requests. This new form provides identity. Therefore, we have estimated AGENCY: Food and Drug Administration, the FDA with data necessary to identify the number of affected individuals at 60 HHS. an individual requesting a particular per year.

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of FDA form No. Number of responses per Total annual Average burden per response Total hours respondents respondent responses

3975 ...... 60 1 60 0.17 (10 minutes) ...... 10 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Dated: April 19, 2017. Guidance for Industry on Citizen collection burden estimates in this Anna K. Abram, Petitions and Petitions for Stay of document. Deputy Commissioner for Policy, Planning, Action Subject to Section 505(q) of the Section 505(q)(1)(H) of the FD&C Act Legislation, and Analysis. Federal Food, Drug, and Cosmetic requires that citizen petitions and petitions for stay of Agency action that [FR Doc. 2017–08303 Filed 4–24–17; 8:45 am] Act—OMB Control Number 0910– 0679—Extension are subject to section 505(q) include a BILLING CODE 4164–01–P certification to be considered for review FDA’s guidance for industry entitled by FDA. Section 505(q)(1)(I) of the ‘‘Citizen Petitions and Petitions for Stay FD&C Act requires that supplemental DEPARTMENT OF HEALTH AND of Action Subject to Section 505(q) of information or comments to such citizen HUMAN SERVICES the Federal Food, Drug, and Cosmetic petitions and petitions for stay of Act’’ provides information regarding Agency action include a verification to Food and Drug Administration FDA’s current thinking on interpreting be accepted for review by FDA. The section 914 of Title IX of the Food and guidance sets forth the criteria the [Docket No. FDA–2009–D–0008] Drug Administration Amendments Act Agency will use in determining if the (FDAAA) (Pub. L. 110–85). Section 914 provisions of section 505(q) of the FD&C Agency Information Collection of FDAAA added new section 505(q) to Act apply to a particular citizen petition Activities; Submission for Office of the Federal Food, Drug, and Cosmetic or petition for stay of Agency action. Management and Budget Review; Act (the FD&C Act) (21 U.S.C. 355(q)) The guidance states that one of the Comment Request; Citizen Petitions and governs certain citizen petitions criteria for a citizen petition or petition and Petitions for Stay of Action and petitions for stay of Agency action for stay of Agency action to be subject Subject to Section 505(q) of the that request that FDA take any form of to section 505(q) of the FD&C Act is that Federal Food, Drug, and Cosmetic Act action related to a pending application a related ANDA or 505(b)(2) application submitted under section 505(b)(2) or is pending at the time the citizen AGENCY: Food and Drug Administration, 505(j) of the FD&C Act. The guidance petition or petition for stay is submitted. HHS. describes FDA’s interpretation of Because petitioners or commenters may not be aware of the existence of a ACTION: Notice. section 505(q) of the FD&C Act regarding how the Agency will pending ANDA or 505(b)(2) application, determine if: (1) The provisions of the guidance recommends that all SUMMARY: The Food and Drug petitioners challenging the Administration (FDA or we) is section 505(q) addressing the treatment of citizen petitions and petitions for stay approvability of a possible ANDA or announcing that a proposed collection of Agency action (collectively, petitions) 505(b)(2) application include the of information has been submitted to the apply to a particular petition and (2) a certification required in section Office of Management and Budget petition would delay approval of a 505(q)(1)(H) of the FD&C Act and that (OMB) for review and clearance under pending abbreviated new drug petitioners and commenters submitting the Paperwork Reduction Act of 1995. application (ANDA) or a 505(b)(2) supplements or comments, respectively, to a citizen petition or petition for stay DATES: Fax written comments on the application. The guidance also describes of action challenging the approvability collection of information by May 25, how FDA will interpret the provisions of a possible ANDA or 505(b)(2) 2017. of section 505(q) requiring that: (1) A petition includes a certification and (2) application include the verification ADDRESSES: To ensure that comments on supplemental information or comments required in section 505(q)(1)(I) of the the information collection are received, to a petition include a verification. FD&C Act. The guidance also OMB recommends that written Finally, the guidance addresses the recommends that if a petitioner submits a citizen petition or petition for stay of comments be faxed to the Office of relationship between the review of Agency action that is missing the Information and Regulatory Affairs, petitions and pending ANDAs and 505(b)(2) applications for which the required certification but is otherwise OMB, Attn: FDA Desk Officer, FAX: within the scope of section 505(q) of the 202–395–7285, or emailed to oira_ Agency has not yet made a decision on approvability. FD&C Act and the petitioner would like [email protected]. All FDA to review the citizen petition or comments should be identified with the The Food and Drug Administration petition for stay of Agency action, the OMB control number 0910–0679. Also Safety and Innovation Act (FDASIA) petitioner should submit a letter include the FDA docket number found was signed into law on July 9, 2012 withdrawing the deficient petition and in brackets in the heading of this (Pub. L. 112–144). Section 1135 of submit a new petition that contains the document. FDASIA amended section 505(q) of the required certification. FD&C Act in two ways. First, it FDA currently has OMB approval for FOR FURTHER INFORMATION CONTACT: shortened FDA’s deadline from 180 the collection of information entitled JonnaLynn Capezzuto, Office of days to 150 days for responding to ‘‘General Administrative Procedures: Operations, Food and Drug petitions subject to section 505(q) of the Citizen Petitions; Petition for Administration, Three White Flint FD&C Act. Second, it expanded the Reconsideration or Stay of Action; North, 10A63, 11601 Landsdown St., scope of section 505(q) of the FD&C Act Advisory Opinions’’ (OMB control North Bethesda, MD 20852, 301–796– to include certain petitions concerning number 0910–0191). This collection of 3794. applications submitted under section information includes, among other 351(k) of the Public Health Service Act things: (1) The format and procedures SUPPLEMENTARY INFORMATION: In (42 U.S.C. 262), the abbreviated by which an interested person may compliance with 44 U.S.C. 3507, FDA pathway for the approval of biosimilar submit to FDA, in accordance with has submitted the following proposed biological products. Accordingly, we are § 10.20 (21 CFR 10.20), a citizen petition collection of information to OMB for now including submissions pertaining requesting the Commissioner of Food review and clearance. to biosimilar biological product and Drugs (Commissioner) to issue, applications in the information amend, or revoke a regulation or order,

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or to take or refrain from taking any possible ANDA, 505(b)(2) application, required certification but is otherwise other form of administrative action or biosimilar biological product within the scope of section 505(q) of the (§ 10.30(b) (21 CFR 10.30(b))); (2) the application. Although the submission of FD&C Act. submission of written comments on a a certification for citizen petitions is Section 505(q)(1)(B) and (C) of the filed citizen petition (§ 10.30(d)); (3) the approved under OMB control number FD&C Act and the guidance state that if submission of a supplement or 0910–0191, the certification would be FDA determines that a delay in approval amendment to or a letter to withdraw a broadened under section 505(q) of the of an ANDA, 505(b)(2) application, or filed citizen petition (§ 10.30(g)); (4) the FD&C Act and the guidance. biosimilar biological product format and procedures by which an • The certification required under application is necessary based on a interested person may request, in section 505(q)(1)(H) of the FD&C Act for petition subject to section 505(q), the accordance with § 10.20, the petitions for stay of Agency action that applicant may submit to the petition Commissioner to stay the effective date are subject to section 505(q) and/or that docket clarifications or additional data of any administrative action (§ 10.35(b) are challenging the approvability of a to allow FDA to review the petition (21 CFR 10.35(b))); and (5) the possible ANDA, 505(b)(2) application, promptly. While we have not included submission of written comments on a or biosimilar biological product a burden estimate for this provision filed petition for administrative stay of application. under the instant information action (§ 10.35(c)). This information • The verification required under collection, it is included under OMB collection includes citizen petitions, section 505(q)(1)(I) of the FD&C Act for control number 0910–0001 (21 CFR petitions for administrative stay of comments to citizen petitions. 314.54, 314.94, and 314.102). action, comments to petitions, • The verification required under In the Federal Register of January 10, supplements to citizen petitions, and section 505(q)(1)(I) of the FD&C Act for 2017 (82 FR 2999), we published a 60- letters to withdraw a citizen petition, as comments to petitions for stay of day notice requesting public comment described previously in this document, Agency action. on the proposed extension of this which are subject to section 505(q) of • The verification required under collection of information. No comments the FD&C Act and described in the section 505(q)(1)(I) of the FD&C Act for were received in response to the notice. guidance. supplements to citizen petitions. Therefore, based on our knowledge of We are requesting OMB approval for • Supplements to petitions for stay of citizen petitions and petitions for stay of the following collection of information Agency action. Agency action subject to section 505(q) submitted to FDA under section 505(q) • The verification required under of the FD&C Act that have been of the FD&C Act and the guidance: section 505(q)(1)(I) of the FD&C Act for submitted to FDA, as well as our • The certification required under supplements to petitions for stay of familiarity with the time needed to section 505(q)(1)(H) of the FD&C Act for Agency action. prepare a supplement, a certification, citizen petitions that are subject to • The letter submitted by a petitioner and a verification, we estimate the section 505(q) and/or that are withdrawing a deficient petition for stay burden of this collection of information challenging the approvability of a of Agency action that is missing the as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Activity/FD&C Act section Number of responses per Total annual burden per Total hours respondents respondent responses response

Certification for citizen petitions; 505(q)(1)(H) ..... 38 1.37 52 .5 (30 minutes) ...... 26 Certification for petitions for stay of Agency ac- 3 1 3 .5 (30 minutes) ...... 1.5 tion; 505(q)(1)(H). Verification for comments to citizen petitions; 12 1.66 20 .5 (30 minutes) ...... 10 505(q)(1)(I). Verification for comments to petitions for stay of 1 1 1 .5 (30 minutes) ...... 5 Agency action; 505(q)(1)(I). Verification for supplements to citizen petitions; 7 2.29 16 .5 (30 minutes) ...... 8 505(q)(1)(I). Supplements to petitions for stay of Agency ac- 1 1 1 6...... 6 tion. Verification for supplements to petitions for stay 1 1 1 .5 (30 minutes) ...... 5 of Agency action; 505(q)(1)(I). Letter withdrawing a petition for stay of Agency 3 1 3 .5 (30 minutes) ...... 1.5 action.

Total Hours ...... 54 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: April 18, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–08307 Filed 4–24–17; 8:45 am] BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND Dated: April 19, 2017. comments, that information will be HUMAN SERVICES Anna K. Abram, posted on https://www.regulations.gov. Deputy Commissioner for Policy, Planning, • If you want to submit a comment Food and Drug Administration Legislation, and Analysis. with confidential information that you [Docket No. FDA–2017–N–0809] [FR Doc. 2017–08309 Filed 4–24–17; 8:45 am] do not wish to be made available to the BILLING CODE 4164–01–P public, submit the comment as a Issuance of Priority Review Voucher; written/paper submission and in the Rare Pediatric Disease Product manner detailed (see ‘‘Written/Paper DEPARTMENT OF HEALTH AND Submissions’’ and ‘‘Instructions’’). AGENCY: Food and Drug Administration, HUMAN SERVICES HHS. Written/Paper Submissions ACTION: Notice. Food and Drug Administration Submit written/paper submissions as follows: SUMMARY: The Food and Drug [Docket No. FDA–2010–N–0583] • Mail/Hand delivery/Courier (for Administration (FDA) is announcing the written/paper submissions): Division of issuance of a priority review voucher to Agency Information Collection Activities; Proposed Collection; Dockets Management (HFA–305), Food the sponsor of a rare pediatric disease and Drug Administration, 5630 Fishers product application. The Federal Food, Comment Request; Radioactive Drug Research Committees Lane, Rm. 1061, Rockville, MD 20852. Drug, and Cosmetic Act (FD&C Act), as • For written/paper comments amended by the Food and Drug AGENCY: Food and Drug Administration, submitted to the Division of Dockets Administration Safety and Innovation HHS. Management, FDA will post your Act (FDASIA), authorizes FDA to award ACTION: Notice. comment, as well as any attachments, priority review vouchers to sponsors of except for information submitted, approved rare pediatric disease product SUMMARY: The Food and Drug marked and identified, as confidential, applications that meet certain criteria. Administration (FDA) is announcing an if submitted as detailed in FDA is required to publish notice of the opportunity for public comment on the ‘‘Instructions.’’ award of the priority review voucher. proposed collection of certain Instructions: All submissions received FDA has determined that EMFLAZA information by the Agency. Under the must include the Docket No. FDA– (deflazacort) oral tablets, and oral Paperwork Reduction Act of 1995 2010–N–0583 for ‘‘Agency Information suspension manufactured by Marathon (PRA), Federal Agencies are required to Collection Activities; Proposed Pharmaceuticals, LLC, meets the criteria publish notice in the Federal Register Collection; Comment Request; for a priority review voucher. concerning each proposed collection of Radioactive Drug Research FOR FURTHER INFORMATION CONTACT: information, including each proposed Committees.’’ Received comments will Larry Bauer, Center for Drug Evaluation extension of an existing collection of be placed in the docket and, except for and Research, Food and Drug information, and to allow 60 days for those submitted as ‘‘Confidential Administration, 10903 New Hampshire public comment in response to the Submissions,’’ publicly viewable at Ave., Silver Spring, MD 20993–0002, notice. This notice solicits comments on https://www.regulations.gov or at the 301–796–4842, FAX: 301–796–9858, the information collection contained in Division of Dockets Management email: [email protected]. regulations governing the use of between 9 a.m. and 4 p.m., Monday SUPPLEMENTARY INFORMATION: FDA is radioactive drugs for basic informational through Friday. announcing the issuance of a priority research. • Confidential Submissions—To review voucher to the sponsor of an DATES: Submit either electronic or submit a comment with confidential approved rare pediatric disease product written comments on the collection of information that you do not wish to be application. Under section 529 of the information by June 26, 2017. made publicly available, submit your FD&C Act (21 U.S.C. 360ff), which was ADDRESSES: You may submit comments comments only as a written/paper added by FDASIA, FDA will award as follows: submission. You should submit two priority review vouchers to sponsors of copies total. One copy will include the approved rare pediatric disease product Electronic Submissions information you claim to be confidential applications that meet certain criteria. Submit electronic comments in the with a heading or cover note that states FDA has determined that Emflaza following way: ‘‘THIS DOCUMENT CONTAINS (deflazacort) manufactured by Marathon • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The Pharmaceuticals, LLC, meets the criteria https://www.regulations.gov. Follow the Agency will review this copy, including for a priority review voucher. instructions for submitting comments. the claimed confidential information, in EMFLAZA (deflazacort) is indicated for Comments submitted electronically, its consideration of comments. The the treatment of Duchenne Muscular including attachments, to https:// second copy, which will have the Dystrophy in patients 5 years of age and www.regulations.gov will be posted to claimed confidential information older. the docket unchanged. Because your redacted/blacked out, will be available For further information about the Rare comment will be made public, you are for public viewing and posted on http:// Pediatric Disease Priority Review solely responsible for ensuring that your www.regulations.gov. Submit both Voucher Program and for a link to the comment does not include any copies to the Division of Dockets full text of section 529 of the FD&C Act, confidential information that you or a Management. If you do not wish your go to https://www.fda.gov/ForIndustry/ third party may not wish to be posted, name and contact information to be DevelopingProductsforRareDiseases such as medical information, your or made publicly available, you can Conditions/RarePediatricDiseasePriority anyone else’s Social Security number, or provide this information on the cover VoucherProgram/default.htm. For confidential business information, such sheet and not in the body of your further information about EMFLAZA as a manufacturing process. Please note comments and you must identify this (deflazacort), go to the ‘‘Drugs@FDA’’ that if you include your name, contact information as ‘‘confidential.’’ Any Web site at https://www.accessdata. information, or other information that information marked as ‘‘confidential’’ fda.gov/scripts/cder/daf/. identifies you in the body of your will not be disclosed except in

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accordance with 21 CFR 10.20 and other collection of information, including the of each study conducted during the applicable disclosure law. For more validity of the methodology and preceding year, using Form FDA 2915. information about FDA’s posting of assumptions used; (3) ways to enhance Under § 361.1(d)(5), each investigator comments to public dockets, see 80 FR the quality, utility, and clarity of the shall obtain the proper consent required 56469, September 18, 2015, or access information to be collected; and (4) under the regulations. Each female the information at: https://www.gpo.gov/ ways to minimize the burden of the research subject of childbearing fdsys/pkg/FR-2015-09-18/pdf/2015- collection of information on potential must state in writing that she 23389.pdf. respondents, including through the use is not pregnant, or on the basis of a Docket: For access to the docket to of automated collection techniques, pregnancy test be confirmed as not read background documents or the when appropriate, and other forms of pregnant. electronic and written/paper comments information technology. Under § 361.1(d)(8), the investigator received, go to https:// shall immediately report to the RDRC all www.regulations.gov and insert the Radioactive Drug Research Committees adverse effects associated with use of docket number, found in brackets in the OMB Control Number 0910–0053— the drug, and the committee shall then heading of this document, into the Extension report to FDA all adverse reactions ‘‘Search’’ box and follow the prompts probably attributed to the use of the and/or go to the Division of Dockets Under sections 201, 505, and 701 of the Federal Food, Drug, and Cosmetic radioactive drug. Management, 5630 Fishers Lane, Rm. Section 361.1(f) sets forth labeling 1061, Rockville, MD 20852. Act (21 U.S.C. 321, 355, and 371), FDA has the authority to issue regulations requirements for radioactive drugs. FOR FURTHER INFORMATION CONTACT: These requirements are not in the JonnaLynn Capezzuto, Office of governing the use of radioactive drugs for basic scientific research. Section reporting burden estimate because they Operations, Food and Drug are information supplied by the Federal 361.1 (21 CFR 361.1) sets forth specific Administration, Three White Flint Government to the recipient for the regulations regarding the establishment North, 10A63, 11601 Landsdown St., purposes of disclosure to the public (5 and composition of Radioactive Drug North Bethesda, MD 20852, 301–796– CFR 1320.3(c)(2)). Research Committees (RDRC) and their 3794. Types of research studies not role in approving and monitoring basic permitted under this regulation are also SUPPLEMENTARY INFORMATION: Under the research studies utilizing specified, and include those intended PRA (44 U.S.C. 3501–3520), Federal radiopharmaceuticals. No basic research for immediate therapeutic, diagnostic, Agencies must obtain approval from the study involving any administration of a or similar purposes or to determine the Office of Management and Budget radioactive drug to research subjects is (OMB) for each collection of safety or effectiveness of the drug in permitted without the authorization of information they conduct or sponsor. humans for such purposes (i.e., to carry an FDA approved RDRC (§ 361.1(d)(7)). ‘‘Collection of information’’ is defined out a clinical trial for safety or efficacy). The type of research that may be in 44 U.S.C. 3502(3) and 5 CFR These studies require filing of an undertaken with a radiopharmaceutical 1320.3(c) and includes Agency requests investigational new drug application drug must be intended to obtain basic or requirements that members of the under 21 CFR part 312, and the information and not to carry out a public submit reports, keep records, or associated information collections are clinical trial for safety or efficacy. The provide information to a third party. covered in OMB control number 0910– types of basic research permitted are Section 3506(c)(2)(A) of the PRA (44 0014. specified in the regulation, and include U.S.C. 3506(c)(2)(A)) requires Federal The primary purpose of this studies of metabolism, human Agencies to provide a 60-day notice in collection of information is to determine the Federal Register concerning each physiology, pathophysiology, or whether the research studies are being proposed collection of information, biochemistry. conducted in accordance with required including each proposed extension of an Section 361.1(c)(2) requires that each regulations and that human subject existing collection of information, RDRC shall select a chairman, who shall safety is assured. If these studies were before submitting the collection to OMB sign all applications, minutes, and not reviewed, human subjects could be for approval. To comply with this reports of the committee. Each subjected to inappropriate radiation or requirement, FDA is publishing notice committee shall meet at least once each pharmacologic risks. Respondents to of the proposed collection of quarter in which research activity has this information collection are the information set forth in this document. been authorized or conducted. Minutes chairperson(s) of each individual RDRC, With respect to the following shall be kept and shall include the investigators, and participants in the collection of information, FDA invites numerical results of votes on protocols studies. The burden estimates are based comments on these topics: (1) Whether involving use in human subjects. Under on FDA’s experience with these the proposed collection of information § 361.1(c)(3), each RDRC shall submit an reporting and recordkeeping is necessary for the proper performance annual report to FDA. The annual report requirements and the number of of FDA’s functions, including whether shall include the names and submissions received by FDA under the the information will have practical qualifications of the members of, and of regulations over the past 3 years. utility; (2) the accuracy of FDA’s any consultants used by, the RDRC, FDA estimates the burden of this estimate of the burden of the proposed using Form FDA 2914, and a summary collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

361.1(c)(3) reports and (c)(4) approval; Form FDA 2914 (Membership Summary) ...... 69 1 69 1 69 361.1(c)(3) reports; Form FDA 2915 (Study Summary) ...... 35 14 490 3.5 1,715

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued

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

361.1(c)(8); adverse events ...... 10 1 10 0.5 5

Total ...... 569 ...... 1,789 1 There are no capital or operating and maintenance costs associated with the information collection.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average 21 CFR section; FDA form Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

361.1(c)(2) ...... 69 4 276 10 2,760 361.1(d)(5) ...... 35 14 490 0.75 368

Total ...... 766 ...... 3,128 1 There are no capital or operating and maintenance costs associated with the information collection.

Dated: April 19, 2017. ADDRESSES: You may submit comments Management, FDA will post your Anna K. Abram, as follows: comment, as well as any attachments, except for information submitted, Deputy Commissioner for Policy, Planning, Electronic Submissions Legislation, and Analysis. marked and identified, as confidential, [FR Doc. 2017–08300 Filed 4–24–17; 8:45 am] Submit electronic comments in the if submitted as detailed in BILLING CODE 4164–01–P following way: ‘‘Instructions.’’ • Federal eRulemaking Portal: Instructions: All submissions received https://www.regulations.gov/. Follow must include the Docket No. FDA– DEPARTMENT OF HEALTH AND the instructions for submitting 2011–N–0075 for ‘‘Good Laboratory HUMAN SERVICES comments. Comments submitted Practice Regulations for Nonclinical electronically, including attachments, to Studies.’’ Received comments will be Food and Drug Administration https://www.regulations.gov/ will be placed in the docket and, except for posted to the docket unchanged. those submitted as ‘‘Confidential [Docket No. FDA–2011–N–0075] Because your comment will be made Submissions,’’ publicly viewable at public, you are solely responsible for https://www.regulations.gov/ or at the Agency Information Collection ensuring that your comment does not Division of Dockets Management Activities; Proposed Collection; include any confidential information between 9 a.m. and 4 p.m., Monday Comment Request; Good Laboratory that you or a third party may not wish through Friday. Practice Regulations for Nonclinical to be posted, such as medical • Confidential Submissions—To Studies information, your or anyone else’s submit a comment with confidential information that you do not wish to be AGENCY: Social Security number, or confidential Food and Drug Administration, made publicly available, submit your HHS. business information, such as a manufacturing process. Please note that comments only as a written/paper ACTION: Notice. if you include your name, contact submission. You should submit two copies total. One copy will include the SUMMARY: The Food and Drug information, or other information that information you claim to be confidential Administration (FDA) is announcing an identifies you in the body of your comments, that information will be with a heading or cover note that states opportunity for public comment on the ‘‘THIS DOCUMENT CONTAINS proposed collection of certain posted on https://www.regulations.gov/. • If you want to submit a comment CONFIDENTIAL INFORMATION.’’ The information by the Agency. Under the Agency will review this copy, including Paperwork Reduction Act of 1995 with confidential information that you do not wish to be made available to the the claimed confidential information, in (PRA), Federal Agencies are required to its consideration of comments. The publish notice in the Federal Register public, submit the comment as a written/paper submission and in the second copy, which will have the concerning each proposed collection of claimed confidential information information, including each proposed manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). redacted/blacked out, will be available extension of an existing collection of for public viewing and posted on information, and to allow 60 days for Written/Paper Submissions https://www.regulations.gov/. Submit public comment in response to the Submit written/paper submissions as both copies to the Division of Dockets notice. This notice solicits comments on follows: Management. If you do not wish your the information collection provisions of • Mail/Hand delivery/Courier (for name and contact information to be FDA’s good laboratory practice (GLP) written/paper submissions): Division of made publicly available, you can regulations for nonclinical laboratory Dockets Management (HFA–305), Food provide this information on the cover studies. and Drug Administration, 5630 Fishers sheet and not in the body of your DATES: Submit either electronic or Lane, Rm. 1061, Rockville, MD 20852. comments and you must identify this written comments on the collection of • For written/paper comments information as ‘‘confidential.’’ Any information by June 26, 2017. submitted to the Division of Dockets information marked as ‘‘confidential’’

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will not be disclosed except in the information will have practical laboratory study, a final report be accordance with 21 CFR 10.20 and other utility; (2) the accuracy of FDA’s prepared that documents the results of applicable disclosure law. For more estimate of the burden of the proposed quality assurance unit inspections, test information about FDA’s posting of collection of information, including the and control article characterization, comments to public dockets, see 80 FR validity of the methodology and testing of mixtures of test and control 56469, September 18, 2015, or access assumptions used; (3) ways to enhance articles with carriers, and an overall the information at: https://www.fda.gov/ the quality, utility, and clarity of the interpretation of nonclinical laboratory regulatoryinformation/dockets/ information to be collected; and (4) studies. The GLP regulations also default.htm. ways to minimize the burden of the require written records pertaining to: (1) Docket: For access to the docket to collection of information on Personnel job descriptions and read background documents or the respondents, including through the use summaries of training and experience; electronic and written/paper comments of automated collection techniques, (2) master schedules, protocols and received, go to https:// when appropriate, and other forms of amendments thereto, inspection reports, www.regulations.gov/ and insert the information technology. and SOPs; (3) equipment inspection, docket number, found in brackets in the maintenance, calibration, and testing Good Laboratory Practice Regulations heading of this document, into the records; (4) documentation of feed and for Nonclinical Studies—21 CFR Part ‘‘Search’’ box and follow the prompts water analyses, and animal treatments; 58 and/or go to the Division of Dockets (5) test article accountability records; Management, 5630 Fishers Lane, Rm. OMB Control Number 0910–0119— and (6) study documentation and raw 1061, Rockville, MD 20852. Extension data. FOR FURTHER INFORMATION CONTACT: Sections 409, 505, 512, and 515 of the Recordkeeping is necessary to JonnaLynn Capezzuto, Office of Federal Food, Drug, and Cosmetic Act document the conduct of nonclinical Operations, Food and Drug (21 U.S.C. 348, 355, 360b, and 360e) and laboratory studies of FDA-regulated Administration, Three White Flint related statutes require manufacturers of products to ensure the quality and North, 10A63, 11601 Landsdown St., food additives, human drugs and integrity of the resulting final study North Bethesda, MD 20852, 301–796– biological products, animal drugs, and report on which a regulatory decision 3794. medical devices to demonstrate the may be based. Written SOPs and records SUPPLEMENTARY INFORMATION: Under the safety and utility of their product by of actions taken are essential for testing PRA (44 U.S.C. 3501–3520), Federal submitting applications to FDA for facilities to implement GLP’s effectively. Agencies must obtain approval from the research or marketing permits. Such Further, they are essential for FDA to be Office of Management and Budget applications contain, among other able to determine a testing facility’s (OMB) for each collection of important items, full reports of all compliance with the GLP regulations in information they conduct or sponsor. studies done to demonstrate product part 58. ‘‘Collection of information’’ is defined safety in man and/or other animals. In In a notice of proposed rulemaking in 44 U.S.C. 3502(3) and 5 CFR order to ensure adequate quality control published in the Federal Register of 1320.3(c) and includes Agency requests for these studies and to provide an August 24, 2016 (81 FR 58342), we or requirements that members of the adequate degree of consumer protection, proposed changes in our GLP public submit reports, keep records, or the Agency issued GLP regulations for regulations, including some of those provide information to a third party. nonclinical laboratory studies in part 58 listed in tables 1 and 2 of this Section 3506(c)(2)(A) of the PRA (44 (21 CFR part 58). The regulations document. The document included U.S.C. 3506(c)(2)(A)) requires Federal specify minimum standards for the revised burden estimates for the Agencies to provide a 60-day notice in proper conduct of safety testing and proposed changes and solicited public the Federal Register concerning each contain sections on facilities, personnel, comment. In response to requests, the proposed collection of information, equipment, standard operating comment period was extended to including each proposed extension of an procedures (SOPs), test and control January 21, 2017 (81 FR 75351, October existing collection of information, articles, quality assurance, protocol and 31, 2016). In the interim, FDA is seeking before submitting the collection to OMB conduct of a safety study, records and an extension of OMB approval for the for approval. To comply with this reports, and laboratory disqualification. current regulations so that we can requirement, FDA is publishing notice Part 58 requires testing facilities continue to collect information while of the proposed collection of engaged in conducting toxicological the proposal is pending. information set forth in this document. studies to retain, and make available to Description of Respondents: The With respect to the following regulatory officials, records regarding likely respondents collecting this collection of information, FDA invites compliance with GLPs. Records are information are contract laboratories, comments on these topics: (1) Whether maintained on file at each testing sponsors of FDA-regulated products, the proposed collection of information facility and examined there periodically universities, or government agencies. is necessary for the proper performance by FDA inspectors. The GLP regulations FDA estimates the burden of this of FDA’s functions, including whether require that, for each nonclinical collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

58.35(b)(7); Quality assurance unit ...... 300 60.25 18,075 1 18,075 58.185; Reporting of nonclinical laboratory study results ... 300 60.25 18,075 27.65 499,774

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued

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

Total ...... 517,849 1 There are no capital costs or operating maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Average Number of Number of Total annual burden per 21 CFR Section recordkeepers records per records recordkeeping Total hours recordkeeper (in hours)

58.29(b); Personnel ...... 300 20 6,000 0.21 (13 minutes) ...... 1,260 58.35(b)(1)–(6), and (c); Quality assurance unit .. 300 270.76 81,228 3.36 ...... 272,926 58.63(b) and (c); Maintenance and calibration of 300 60 18,000 0.09 (5 minutes) ...... 1,620 equipment. 58.81(a)–(c); SOPs ...... 300 301.8 90,540 0.14 (8 minutes) ...... 12,676 58.90(c) and (g); Animal care ...... 300 62.7 18,810 0.13 (8 minutes) ...... 2,445 58.105(a) and (b); Test and control article char- 300 5 1,500 11.8...... 17,700 acterization. 58.107(d); Test and control article handling ...... 300 1 300 4.25 ...... 1,275 58.113(a); Mixtures of articles with carriers ...... 300 15.33 4,599 6.8 ...... 31,273 58.120; Protocol ...... 300 15.38 4,614 32.7 ...... 150,878 58.195; Retention of records ...... 300 251.5 75,450 3.9 ...... 294,255

Total ...... 786,308 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The annual burden for the the Paperwork Reduction Act of 1995 available for FDA inspection when information collection requirements in (PRA). requested. These records include: these regulations is estimated at Written procedures describing the DATES: Fax written comments on the 1,304,157 burden hours (517,849 plus collection of information by May 25, structure and membership of the IRB 786,308 equals 1,304,157). The hours 2017. and the methods that the IRB will use per response estimates are based on our in performing its functions; the research experience with similar programs and ADDRESSES: To ensure that comments on protocols, informed consent documents, information received from industry. the information collection are received, progress reports, and reports of injuries Dated: April 19, 2017. OMB recommends that written to subjects submitted by investigators to Anna K. Abram, comments be faxed to the Office of the IRB; minutes of meetings showing Information and Regulatory Affairs, Deputy Commissioner for Policy, Planning, attendance, votes, and decisions made Legislation, and Analysis. OMB, Attn: FDA Desk Officer, FAX: by the IRB, the number of votes on each 202–395–7285, or emailed to oira_ [FR Doc. 2017–08304 Filed 4–24–17; 8:45 am] decision for, against, and abstaining; the [email protected]. All BILLING CODE 4164–01–P basis for requiring changes in or comments should be identified with the disapproving research; records of OMB control number 0910–0130. Also continuing review activities; copies of DEPARTMENT OF HEALTH AND include the FDA docket number found all correspondence between HUMAN SERVICES in brackets in the heading of this investigators and the IRB; statement of document. significant new findings provided to Food and Drug Administration FOR FURTHER INFORMATION CONTACT: For subjects of the research; and a list of IRB [Docket No. FDA–2013–N–1163] specific questions for FDA related to members by name, showing each this document, contact JonnaLynn member’s earned degrees, representative Agency Information Collection Capezzuto, Office of Operations, Food capacity, and experience in sufficient Activities; Submission for Office of and Drug Administration, Three White detail to describe each member’s Management and Budget Review; Flint North, 10A63, 11601 Landsdown contributions to the IRB’s deliberations; Comment Request; Institutional St., North Bethesda, MD 20852, 301– and any employment relationship Review Boards 796–3794. between each member and the IRB’s institution. This information is used by AGENCY: SUPPLEMENTARY INFORMATION: Food and Drug Administration, FDA in conducting audit inspections of HHS. Institutional Review Boards—21 CFR IRBs to determine whether IRBs and ACTION: Notice. 56.115—OMB Control Number 0910– clinical investigators are providing 0130—Extension SUMMARY: The Food and Drug adequate protections to human subjects Administration (FDA or we) is When reviewing clinical research participating in clinical research. announcing that a proposed collection studies regulated by FDA, institutional The recordkeeping requirement of information has been submitted to the review boards (IRBs) are required to burden is based on the following: The Office of Management and Budget create and maintain records describing burden for the paragraphs under 21 CFR (OMB) for review and clearance under their operations, and make the records 56.115 has been considered as one

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estimated burden. This burden estimate per meeting are required to meet the this collection of information. No assumes that there are approximately requirements of the regulation. comments were received in response to 2,520 IRBs, that each IRB meets on an In the Federal Register of November the notice. 1, 2016 (81 FR 75826), we published a average of 14.6 times annually, and that FDA estimates the burden of this 60-day notice requesting public approximately 100 hours of person-time collection as follows: comment on the proposed extension of

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average 21 CFR part 56; subpart D; records and reports Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

56.115 ...... 2,520 14.6 36,792 100 3,679,200 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: April 19, 2017. MD 20993–0002. For those unable to Dockets Management (HFA–305), Food Anna K. Abram, attend in person, the meeting will also and Drug Administration, 5630 Fishers Deputy Commissioner for Policy, Planning, be webcast. The link for the webcast is Lane, Rm. 1061, Rockville, MD 20852. Legislation, and Analysis. available at https:// • For written/paper comments [FR Doc. 2017–08327 Filed 4–24–17; 8:45 am] collaboration.fda.gov/pacm051817. submitted to the Division of Dockets BILLING CODE 4164–01–P Answers to commonly asked questions Management, FDA will post your including information regarding special comment, as well as any attachments, accommodations due to a disability, except for information submitted, DEPARTMENT OF HEALTH AND visitor parking, and transportation may marked and identified, as confidential, HUMAN SERVICES be accessed at http://www.fda.gov/ if submitted as detailed in AdvisoryCommittees/ ‘‘Instructions.’’ Food and Drug Administration AboutAdvisoryCommittees/ Instructions: All submissions received [Docket No. FDA 2017–N–1780] ucm408555.htm. must include the Docket No. FDA 2017– You may submit your comments as N–1780 for the ‘‘Joint Meeting of the Joint Meeting of the Pediatric Advisory follows: Pediatric Advisory Committee and the Committee and the Pediatric Ethics Electronic Submissions Pediatric Ethics Subcommittee; Notice Subcommittee; Notice of Meeting; of Meeting; Establishment of a Public Submit electronic comments in the Establishment of a Public Docket; Docket; Request for Comments.’’ following way: Received comments will be placed in Request for Comments • Federal eRulemaking Portal: the docket and, except for those https://www.regulations.gov. Follow the AGENCY: Food and Drug Administration, submitted as ‘‘Confidential HHS. instructions for submitting comments. Comments submitted electronically, Submissions,’’ publicly viewable at ACTION: Notice of meeting; including attachments, to https:// https://www.regulations.gov or at the establishment of a public docket, www.regulations.gov will be posted to Division of Dockets Management request for comments. the docket unchanged. Because your between 9 a.m. and 4 p.m., Monday through Friday. SUMMARY: The Food and Drug comment will be made public, you are • solely responsible for ensuring that your Confidential Submissions—To Administration (FDA or Agency) submit a comment with confidential announces a forthcoming public comment does not include any confidential information that you or a information that you do not wish to be advisory committee meeting of the made publicly available, submit your Pediatric Advisory Committee (PAC) third party may not wish to be posted, such as medical information, your or comments only as a written/paper and the Pediatric Ethics Subcommittee submission. You should submit two (PES). The general function of the anyone else’s Social Security number, or confidential business information, such copies total. One copy will include the committees is to provide advice and information you claim to be confidential make recommendations to the Agency as a manufacturing process. Please note that if you include your name, contact with a heading or cover note that states on pediatric ethical issues. The meeting ‘‘THIS DOCUMENT CONTAINS will be open to the public. FDA is information, or other information that identifies you in the body of your CONFIDENTIAL INFORMATION.’’ The establishing a docket for public Agency will review this copy, including comments on this document. comments, that information will be posted on https://www.regulations.gov. the claimed confidential information, in DATES: The meeting will be held on May • If you want to submit a comment its consideration of comments. The 18, 2017, from 8:30 a.m. to 5:30 p.m. with confidential information that you second copy, which will have the The docket number is FDA 2017–N– do not wish to make available to the claimed confidential information 1780. The docket will close on May 19, public, submit the comment as a redacted/blacked out, will be available 2017. Comments received on or before written/paper submission and in the for public viewing and posted on May 5, 2017 will be provided to the manner detailed (see ‘‘Written/Paper https://www.regulations.gov. Submit committee. Comments received after the Submissions’’ and ‘‘Instructions’’). both copies to the Division of Dockets date will be taken into consideration by Management. If you do not wish your the Agency. Written/Paper Submissions name and contact information to be ADDRESSES: FDA White Oak Campus, Submit written/paper submission as made publicly available, you can 10903 New Hampshire Ave., Building follows: provide this information on the cover 31 Conference Center, the Great Room • Mail/Hand delivery/Courier (for sheet and not in the body of your (Rm. 1503, section A), Silver Spring, written/paper submissions): Division of comments and you must identify this

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information as ‘‘confidential.’’ Any summary of the public comments at least 7 days in advance of the information marked as ‘‘confidential’’ received concerning whether the meeting. will not be disclosed except in protocol should proceed as modified, FDA is committed to the orderly accordance with 21 CFR 10.20 and other the committee will discuss the protocol conduct of its advisory committee applicable disclosure law. For more modification and develop a meetings. Please visit our Web site at information about FDA’s posting of recommendation regarding whether the http://www.fda.gov/ comments to public dockets, see 80 FR protocol should proceed as modified. AdvisoryCommittees/ 56469, September 18, 2015, or access The committee’s recommendation will AboutAdvisoryCommittees/ the information at: https://www.gpo.gov/ then be presented to the Commissioner ucm111462.htm for procedures on fdsys/pkg/FR-2015-09-18/pdf/2015- of Food and Drugs. public conduct during advisory 23389.pdf. FDA intends to make background committee meetings. Docket: For access to the docket to material available to the public no later Notice of this meeting is given under read background documents or the than 2 business days before the meeting. the Federal Advisory Committee Act (5 electronic and written/paper comments If FDA is unable to post the background U.S.C. app. 2). received, go to https:// material on its Web site prior to the Dated: April 19, 2017. www.regulations.gov and insert the meeting, the background material will Anna K. Abram, docket number, found in brackets in the be made publicly available at the Deputy Commissioner for Policy, Planning, heading of this document, into the location of the advisory committee Legislation, and Analysis. ‘‘Search’’ box and follow the prompts meeting, and the background material [FR Doc. 2017–08299 Filed 4–24–17; 8:45 am] and/or go to the Division of Dockets will be posted on FDA’s Web site after BILLING CODE 4164–01–P Management, 5630 Fishers Lane, Rm. the meeting. Background material will 1061, Rockville, MD 20852. be available at: http://www.fda.gov/ FOR FURTHER INFORMATION CONTACT: AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND Marieann Brill, Office of the default.htm. Scroll down to the HUMAN SERVICES Commissioner, Food and Drug appropriate advisory committee meeting Administration, 10903 New Hampshire link. Food and Drug Administration Ave., Bldg. 32, Rm. 5154, Silver Spring, Procedure: Interested persons may [Docket No. FDA–2005–N–0464 (Formerly MD 20993, 240–402–3838, email: present data, information, or views, Docket No. 2005N–0403)] [email protected], or FDA orally or in writing, on issues pending Advisory Committee Information Line, before the committee. Written Agency Information Collection 1–800–741–8138 (301–443–0572 in the submissions may be made to the contact Activities; Announcement of Office of Washington, DC area). A notice in the person on or before May 11, 2017. Oral Management and Budget Approval; Federal Register about last minute presentations from the public will be Establishment Registration of modifications that impact a previously scheduled on May 18, 2017 between Producers of Drugs and Listing of announced advisory committee meeting approximately 11 a.m. and 12:30 p.m. Drugs in Commercial Distribution and cannot always be published quickly Those individuals interested in making Blood Establishment Registration and enough to provide timely notice. formal oral presentations should notify Product Listing Therefore, you should always check the the contact person and submit a brief Agency’s Web site at http:// statement of the general nature of the AGENCY: Food and Drug Administration, www.fda.gov/AdvisoryCommittees/ evidence or arguments they wish to HHS. default.htm. Scroll down to the present, the names and addresses of ACTION: Notice. appropriate advisory committee meeting proposed participants, and an link, or call the advisory committee indication of the approximate time SUMMARY: The Food and Drug information line to learn about possible requested to make their presentation on Administration (FDA) is announcing modifications before coming to the or before May 3, 2017. Time allotted for that two collections of information: meeting. each presentation may be limited. If the ‘‘Establishment Registration of Producers of Drugs and Listing of Drugs SUPPLEMENTARY INFORMATION: number of registrants requesting to speak is greater than can be reasonably in Commercial Distribution’’ and Agenda: On May 18, 2017, the PAC ‘‘Blood Establishment Registration and and the PES will meet to discuss a accommodated during the scheduled open public hearing session, FDA may Product Listing’’ have been approved by referral by an Institutional Review the Office of Management and Budget Board (IRB) of a clinical investigation conduct a lottery to determine the speakers for the scheduled open public (OMB) under the Paperwork Reduction that involves children and FDA Act of 1995. regulated products. The clinical hearing session. The contact person will FOR FURTHER INFORMATION CONTACT: investigation is entitled ‘‘A Double- notify interested persons regarding their Blind, Placebo-Controlled, Multi-Center request to speak by May 4, 2017. JonnaLynn Capezzuto, Office of Study with an Open-Label Extension to Persons attending FDA’s advisory Operations, Food and Drug Evaluate the Efficacy and Safety of SRP– committee meetings are advised that the Administration, Three White Flint 4045 and SRP–4053 in Patients with Agency is not responsible for providing North 10A–12M, 11601 Landsdown St., Duchenne Muscular Dystrophy.’’ access to electrical outlets. North Bethesda, MD 20852, 301–796– Comments about the upcoming joint For press inquiries, please contact the 3794. meeting should be submitted to Docket Office of Media Affairs at fdaoma@ SUPPLEMENTARY INFORMATION: On No. FDA 2017–N–1780. fda.hhs.gov or 301–796–4540. December 16, 2016, the Agency After presentation of an overview of FDA welcomes the attendance of the submitted proposed collections of the IRB referral process under 21 CFR public at its advisory committee information entitled ‘‘Establishment 50.54, an overview of the protocol and meetings and will make every effort to Registration of Producers of Drugs and the issues raised by the IRB referral, accommodate persons with disabilities. Listing of Drugs in Commercial other relevant presentations about the If you require accommodations due to a Distribution’’ and ‘‘Blood Establishment request to modify the protocol, and a disability, please contact Marieann Brill Registration and Product Listing’’ to

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OMB for review and clearance under 44 DATES: The public workshop will be Written/Paper Submissions U.S.C. 3507. An Agency may not held on May 18 and 19, 2017, from 8 Submit written/paper submissions as conduct or sponsor, and a person is not a.m. to 6 p.m. Submit either electronic follows: required to respond to, a collection of or written comments on the public • Mail/Hand delivery/Courier (for information unless it displays a workshop by June 23, 2017. Late written/paper submissions): Division of currently valid OMB control number. untimely filed comments will not be Dockets Management (HFA–305), Food OMB has now approved the information considered. Electronic comments must and Drug Administration, 5630 Fishers collection and has assigned OMB be submitted on or before June 23, 2017. Lane, Rm. 1061, Rockville, MD 20852. control numbers 0910–0045 and 0910– The https://www.regulations.gov/ • For written/paper comments 0052, respectively. The information electronic filing system will accept submitted to the Division of Dockets collection 0910–0045 expires on comments until midnight Eastern Time Management, FDA will post your December 31, 2018, and the information at the end of June 23, 2017. Comments comment, as well as any attachments, collection 0910–0052 expires May 31, received by mail/hand delivery/courier except for information submitted, 2018. Copies of the supporting (for written/paper submissions) will be marked and identified, as confidential, statements for the information considered timely if they are if submitted as detailed in collections are available on the Internet postmarked or the delivery service ‘‘Instructions.’’ at http://www.reginfo.gov/public/do/ acceptance receipt is on or before that Instructions: All submissions received SUPPLEMENTARY PRAMain. date. See the must include the Docket No. FDA– INFORMATION section for registration date Dated: April 18, 2017. 2017–N–1572 for ‘‘Cybersecurity of and information. Anna K. Abram, Medical Devices: A Regulatory Science ADDRESSES: The public workshop will Gap Analysis.’’ Received comments, Deputy Commissioner for Policy, Planning, be held at FDA’s White Oak Campus, Legislation, and Analysis. those filed in a timely manner (see 10903 New Hampshire Ave., Bldg. 31, DATES), will be placed in the docket and, [FR Doc. 2017–08305 Filed 4–24–17; 8:45 am] Rm. 1503 (The Great Room), Silver BILLING CODE 4164–01–P except for those submitted as Spring, MD 20993. Entrance for the ‘‘Confidential Submissions,’’ publicly public workshop participants (non-FDA viewable at https:// employees) is through Building 1 where DEPARTMENT OF HEALTH AND www.regulations.gov/ or at the Division routine security check procedures will HUMAN SERVICES of Dockets Management between 9 a.m. be performed. For parking and security and 4 p.m., Monday through Friday. Food and Drug Administration information, please refer to https:// • Confidential Submissions—To www.fda.gov/AboutFDA/ submit a comment with confidential WorkingatFDA/BuildingsandFacilities/ [Docket No. FDA–2017–N–1572] information that you do not wish to be WhiteOakCampusInformation/ made publicly available, submit your Cybersecurity of Medical Devices: A ucm241740.htm. comments only as a written/paper You may submit comments as Regulatory Science Gap Analysis; submission. You should submit two follows: Public Workshop; Request for copies total. One copy will include the Comments Electronic Submissions information you claim to be confidential Submit electronic comments in the with a heading or cover note that states AGENCY: Food and Drug Administration, following way: ‘‘THIS DOCUMENT CONTAINS HHS. • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The ACTION: Notice of public workshop; https://www.regulations.gov/. Follow Agency will review this copy, including request for comments. the instructions for submitting the claimed confidential information, in comments. Comments submitted its consideration of comments. The SUMMARY: The Food and Drug electronically, including attachments, to second copy, which will have the Administration (FDA, the Agency, or https://www.regulations.gov/ will be claimed confidential information we), in association with National posted to the docket unchanged. redacted/blacked out, will be available Science Foundation (NSF) and Because your comments will be made for public viewing and posted on Department of Homeland Security, public, you are solely responsible for https://www.regulations.gov/. Submit Science and Technology (DHS S&T) is ensuring that your comments do not both copies to the Division of Dockets announcing the following public include any confidential information Management. If you do not wish your workshop entitled ‘‘Cybersecurity of that you or a third party may not wish name and contact information to be Medical Devices: A Regulatory Science to be public, such as medical made publicly available, you can Gap Analysis.’’ The objective of the information, your or anyone else’s provide this information on the cover workshop is to facilitate a discussion on Social Security number, or confidential sheet and not in the body of your the current state of regulatory science in business information, such as a comments and you must identify this the field of cybersecurity of medical manufacturing process. Please note that information as ‘‘confidential.’’ Any devices, with a focus on patient safety. if you include your name, contact information marked as ‘‘confidential’’ The purpose of this public workshop is information, or other information that will not be disclosed except in to catalyze collaboration among Health identifies you in the body of your accordance with 21 CFR 10.20 and other Care and Public Health (HPH) comments, that information will be applicable disclosure law. For more stakeholders to identify regulatory posted on https://www.regulations.gov/. information about FDA’s posting of science challenges, discuss innovative • If you want to submit a comment comments to public dockets, see 80 FR strategies to address those challenges, with confidential information that you 56469, September 18, 2015, or access and encourage proactive development of do not wish to be made available to the the information at: https://www.gpo.gov/ analytical tools, processes, and best public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- practices by the stakeholder community written/paper submission and in the 23389.pdf. to strengthen medical device manner detailed (see ‘‘Written/Paper Docket: For access to the docket to cybersecurity. Submissions’’ and ‘‘Instructions’’). read background documents or the

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electronic and written/paper comments 3. Collaborative long term III. Participating in the Public received, go to https:// cybersecurity research conducted Workshop www.regulations.gov/ and insert the among federal agencies, NSF, academia, docket number, found in brackets in the medical device industry, and third party Registration: To register for the public heading of this document, into the experts and organizations. workshop, please visit FDA’s Medical ‘‘Search’’ box and follow the prompts This public workshop is not designed Devices News & Events—Workshops & and/or go to the Division of Dockets to discuss FDA policy regarding Conferences calendar at https:// Management, 5630 Fishers Lane, Rm. cybersecurity of medical devices. www.fda.gov/MedicalDevices/ 1061, Rockville, MD 20852. NewsEvents/WorkshopsConferences/ II. Topics for Discussion at the Public FOR FURTHER INFORMATION CONTACT: default.htm. (Select this public Workshop Dinesh Patwardhan, Food and Drug workshop from the posted events list.) Administration, Center for Devices and The public workshop sessions are Please provide complete contact Radiological Health, 10903 New planned to include a number of short information for each attendee, including Hampshire Ave., Bldg. 64, Rm. 4076, opening plenary talks, followed by name, title, affiliation, address, email, Silver Spring, MD 20993, 301–796– multiple simultaneous working sessions and telephone number. 2622, email: dinesh.patwardhan@ organized by broad themes. Attendees Registration is free and based on are encouraged to participate in at least fda.hhs.gov. space availability, with priority given to one working session of their choice SUPPLEMENTARY INFORMATION: early registrants. Persons interested in providing unique views, insights, and attending this public workshop must I. Background challenges. register by May 4, 2017, by 4 p.m. Following are a list of general topics Regulatory Science is defined as the Eastern Time. Early registration is that are planned to be included for science of developing new tools, recommended because seating is standards, and approaches to assess the discussion during the public workshop. limited; therefore, FDA may limit the safety, efficacy, quality, and • Relationship between medical number of participants from each performance of all FDA-regulated device cybersecurity and patient safety; organization. Registrants will receive medical products. At the Center for • Unique cybersecurity and confirmation when they have been Devices and Radiological Health regulatory challenges for medical (CDRH), regulatory science serves to devices; accepted. If time and space permit, onsite registration on the day of the accelerate improving the safety, • Differences in cybersecurity effectiveness, performance, and quality between home care, large health care public meeting/public workshop will be of medical devices and radiation- providers, and acute care settings (e.g., provided beginning at 8 a.m. We will let emitting products, and to facilitate entry ambulance, emergency room); registrants know if registration closes of innovative medical devices into the • The roles and intersection of before the day of the public meeting/ marketplace. The Regulatory Science information technology professionals public workshop. Subcommittee of the CDRH Center and biomedical engineering staff; If you need special accommodations Science Council assessed and • Potential metrics, evaluation tools due to a disability, please contact Susan prioritized the regulatory science gaps to test and quantify the cybersecurity of Monahan, 301–796–5661, email: for medical devices based on input from medical devices and systems; [email protected], no later CDRH Offices (https://www.fda.gov/ • Automated and manual tools for than May 4, 2017. downloads/MedicalDevices/ communicating cybersecurity ScienceandResearch/UCM467552.pdf). Transcripts: Please be advised that as information about medical device soon as a transcript of the plenary These new regulatory science scientific design and function; tools, technologies, and approaches session portion of the public workshop • Best practices for cybersecurity of form the bridge to critical 21st century is available, it will be accessible at medical devices at deployment and how advances in public health. https://www.regulations.gov/. It may be to apply updates throughout the Cybersecurity of medical devices was viewed at the Division of Dockets medical device lifecycle; ADDRESSES). A link to identified as one of the top 10 regulatory • Management (see science gaps. FDA, NSF, and DHS S&T Human factor issues in the transcript will also be available on are therefore seeking input to create a cybersecurity of medical device the Internet at https://www.fda.gov/ framework to address the cybersecurity development, deployment, and use of MedicalDevices/NewsEvents/ regulatory science gaps. The scope and devices; and • WorkshopsConferences/default.htm. nature of this cybersecurity regulatory Best practices in cybersecurity (Select this public workshop from the design, deployment, and post- science research framework is designed posted events list). to be broad to foster collaboration across deployment activities and procedures. all interested stakeholders. The Additional suggested topics may be Dated: April 20, 2017. framework may include collaborative submitted at the time of registration. Leslie Kux, research conducted between federal Each break out session discussion Associate Commissioner for Policy. agencies such as NSF, DHS S&T, may include following discussion [FR Doc. 2017–08314 Filed 4–24–17; 8:45 am] academia, medical device industry, and elements: (1) Immediate cybersecurity BILLING CODE 4164–01–P third party experts and other challenges and potential solutions to organizations with input from FDA. The facilitate entry of innovative medical collaborative research may include one devices into the marketplace; (2) or more of the following settings: Cybersecurity regulatory science gaps to 1. Intramural cybersecurity research which solutions can be developed conducted within FDA; through additional scientific research; 2. Extramural cybersecurity research and (3) Long-term cybersecurity in collaboration with other federal research challenges which may need agencies (e.g. DHS S&T); and significant additional basic research.

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DEPARTMENT OF HEALTH AND comment will be made public, you are https://www.regulations.gov. Submit HUMAN SERVICES solely responsible for ensuring that your both copies to the Division of Dockets comment does not include any Management. If you do not wish your Food and Drug Administration confidential information that you or a name and contact information to be [Docket No. FDA–2017–D–0762] third party may not wish to be posted, made publicly available, you can such as medical information, your or provide this information on the cover Extending Expiration Dates of anyone else’s Social Security number, or sheet and not in the body of your Doxycycline Tablets and Capsules in confidential business information, such comments and you must identify this Strategic Stockpiles; Draft Guidance as a manufacturing process. Please note information as ‘‘confidential.’’ Any for Government Public Health and that if you include your name, contact information marked as ‘‘confidential’’ Emergency Response Stakeholders; information, or other information that will not be disclosed except in Availability identifies you in the body of your accordance with 21 CFR 10.20 and other comments, that information will be applicable disclosure law. For more AGENCY: Food and Drug Administration, posted on https://www.regulations.gov. information about FDA’s posting of HHS. • If you want to submit a comment comments to public dockets, see 80 FR ACTION: Notice of availability. with confidential information that you 56469, September 18, 2015, or access do not wish to be made available to the SUMMARY: The Food and Drug the information at: https://www.fda.gov/ public, submit the comment as a Administration (FDA or Agency) is regulatoryinformation/dockets/ written/paper submission and in the announcing the availability of a draft default.htm. manner detailed (see ‘‘Written/Paper guidance for government public health Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). and emergency response stakeholders read background documents or the entitled ‘‘Extending Expiration Dates of Written/Paper Submissions electronic and written/paper comments Doxycycline Tablets and Capsules in received, go to https:// Submit written/paper submissions as www.regulations.gov and insert the Strategic Stockpiles.’’ This document, follows: docket number, found in brackets in the once finalized, will provide guidance to • Mail/Hand delivery/Courier (for heading of this document, into the government stakeholders on testing to written/paper submissions): Division of ‘‘Search’’ box and follow the prompts extend the shelf life (i.e., expiration Dockets Management (HFA–305), Food and/or go to the Division of Dockets date) under the Federal Food, Drug, and and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. Cosmetic Act (the FD&C Act) of Lane, Rm. 1061, Rockville, MD 20852. stockpiled doxycycline tablets and • For written/paper comments 1061, Rockville, MD 20852. capsules for public health emergency submitted to the Division of Dockets Submit written requests for single preparedness and response purposes for Management, FDA will post your copies of the draft guidance to the an anthrax emergency. This draft comment, as well as any attachments, Division of Drug Information, Center for guidance has been prepared in response except for information submitted, Drug Evaluation and Research, Food to requests from States asking FDA what marked and identified, as confidential, and Drug Administration, 10001 New would be necessary to provide if submitted as detailed in Hampshire Ave., Hillandale Building, confidence that stockpiled doxycycline ‘‘Instructions.’’ 4th Floor, Silver Spring, MD 20993– tablets and capsules have retained their Instructions: All submissions received 0002. Send one self-addressed adhesive original quality beyond the must include the Docket No. FDA– label to assist that office in processing manufacturer’s labeled expiration date 2017–D–0762 for ‘‘Extending Expiration your requests. See the SUPPLEMENTARY so the replacement of stockpiled Dates of Doxycycline Tablets and INFORMATION section for electronic product could be deferred. This Capsules in Strategic Stockpiles.’’ access to the draft guidance document. guidance and any resulting expiration Received comments will be placed in FOR FURTHER INFORMATION CONTACT: date extensions authorized by FDA do the docket and, except for those Frederick Ensor, Center for Drug not apply to doxycycline available submitted as ‘‘Confidential Evaluation and Research, Food and commercially or otherwise held for any Submissions,’’ publicly viewable at Drug Administration, 10903 New other non-emergency purpose. https://www.regulations.gov or at the Hampshire Ave., Silver Spring, MD DATES: Although you can comment on Division of Dockets Management 20993–0002, 240–402–2733. any guidance at any time (see 21 CFR between 9 a.m. and 4 p.m., Monday SUPPLEMENTARY INFORMATION: 10.115(g)(5)), to ensure that the Agency through Friday. I. Background considers your comment on this draft • Confidential Submissions—To guidance before it begins work on the submit a comment with confidential FDA is announcing the availability of final version of the guidance, submit information that you do not wish to be a draft guidance for government public either electronic or written comments made publicly available, submit your health and emergency response on the draft guidance by June 26, 2017. comments only as a written/paper stakeholders entitled ‘‘Extending ADDRESSES: You may submit comments submission. You should submit two Expiration Dates of Doxycycline Tablets as follows: copies total. One copy will include the and Capsules in Strategic Stockpiles.’’ A information you claim to be confidential number of government public health Electronic Submissions with a heading or cover note that states and emergency response stakeholders Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS maintain stockpiles of doxycycline following way: CONFIDENTIAL INFORMATION.’’ The tablets or capsules for post-exposure • Federal eRulemaking Portal: Agency will review this copy, including prophylaxis (PEP) or treatment of https://www.regulations.gov. Follow the the claimed confidential information, in inhalational anthrax in the event of an instructions for submitting comments. its consideration of comments. The anthrax emergency. States have asked Comments submitted electronically, second copy, which will have the FDA what would be necessary to including attachments, to https:// claimed confidential information provide confidence that stockpiled www.regulations.gov will be posted to redacted/blacked out, will be available doxycycline tablets and capsules have the docket unchanged. Because your for public viewing and posted on retained their original quality (i.e.,

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purity and potency) beyond the DEPARTMENT OF HEALTH AND systems for the detection of antibodies manufacturer’s labeled expiration date HUMAN SERVICES to T. cruzi. The use of the donor so the replacement of stockpiled screening tests are to reduce the risk of product could be deferred. This Food and Drug Administration transmission of T. cruzi infection by document, once finalized, will provide [Docket No. FDA–2013–N–0868] detecting antibodies to T. cruzi in guidance to government stakeholders on plasma and serum samples from testing to extend the shelf life (i.e., Agency Information Collection individual human donors, including expiration date) under section 564A(b) Activities; Submission for Office of donors of Whole Blood and blood of the FD&C Act (21 U.S.C. 360bbb– Management and Budget Review; components intended for transfusion. The guidance recommends that 3a(b)) of stockpiled doxycycline tablets Comment Request; Guidance for establishments that manufacture Whole and capsules for public health Industry: Use of Serological Tests To Reduce the Risk of Transmission of Blood and blood components intended emergency preparedness and response for transfusion should notify consignees purposes for an anthrax emergency. Trypanosoma cruzi Infection in Whole Blood and Blood Components for of all previously collected in-date blood The draft guidance applies to both Transfusion and blood components to quarantine doxycycline monohydrate and and return the blood components to doxycycline hyclate tablets and AGENCY: Food and Drug Administration, establishments or to destroy them capsules equivalent to 50 mg and 100 HHS. within 3 calendar days after a donor mg of doxycycline that are indicated for ACTION: Notice. tests repeatedly reactive by a licensed PEP or treatment of inhalational test for T. cruzi antibody. When SUMMARY: anthrax. Where doxycycline is The Food and Drug establishments identify a donor who is Administration (FDA or we) is mentioned throughout this guidance, it repeatedly reactive by a licensed test for announcing that a proposed collection is meant to include both the hyclate and T. cruzi antibodies and for whom there of information has been submitted to the monohydrate forms of the drug that are is additional information indicating risk Office of Management and Budget of T. cruzi infection, such as testing indicated for PEP or treatment of (OMB) for review and clearance under positive on a licensed supplemental test inhalational anthrax. the Paperwork Reduction Act of 1995 (when such test is available) or until This draft guidance is being issued (the PRA). such test is available, information that consistent with FDA’s good guidance DATES: Fax written comments on the the donor or donor’s mother resided in practices regulation (21 CFR 10.115). collection of information by May 25, an area endemic for Chagas disease The draft guidance, when finalized, will 2017. (Mexico, Central and South America) or represent the current thinking of FDA as a result of other medical diagnostic ADDRESSES: To ensure that comments on testing of the donor indicating T. cruzi on ‘‘Extending Expiration Dates of the information collection are received, infection, we recommend that the Doxycycline Tablets and Capsules in OMB recommends that written establishment notify consignees of all Strategic Stockpiles.’’ It does not comments be faxed to the Office of previously distributed blood and blood establish any rights for any person and Information and Regulatory Affairs, components collected during the is not binding on FDA or the public. OMB, Attn: FDA Desk Officer, FAX: lookback period and, if blood and blood You can use an alternative approach if 202–395–7285, or emailed to oira_ components were transfused, encourage it satisfies the requirements of the [email protected]. All applicable statutes and regulations. consignees to notify the recipient’s comments should be identified with the physician of record of a possible OMB control number 0910–0681. Also II. Paperwork Reduction Act of 1995 increased risk of T. cruzi infection. include the FDA docket number found Respondents to this information This guidance refers to previously in brackets in the heading of this collection are establishments that approved collections of information that document. manufacture Whole Blood and blood are subject to review by the Office of FOR FURTHER INFORMATION CONTACT: components intended for transfusion. Management and Budget (OMB) under JonnaLynn Capezzuto, Office of We believe that the information the Paperwork Reduction Act of 1995 Operations, Food and Drug collection provisions in the guidance for (44 U.S.C. 3501–3520). The collection of Administration, Three White Flint establishments to notify consignees and information has been approved under North, 10A63, 11601 Landsdown St., for consignees to notify the recipient’s OMB control number 0910–0595. North Bethesda, MD 20852, 301–796– physician of record in the guidance do 3794. not create a new burden for respondents III. Electronic Access and are part of usual and customary SUPPLEMENTARY INFORMATION: In business practices. Since the end of Persons with access to the Internet compliance with 44 U.S.C. 3507, FDA January 2007, a number of blood centers has submitted the following proposed may obtain the draft guidance at either representing a large proportion of U.S. http://www.fda.gov/Drugs/Guidance collection of information to OMB for blood collections have been testing ComplianceRegulatoryInformation/ review and clearance. donors using a licensed assay. We Guidances/default.htm or https:// Guidance for Industry: Use of believe these establishments have www.regulations.gov. Serological Tests To Reduce the Risk of already developed standard operating Dated: April 19, 2017. Transmission of Trypanosoma cruzi procedures for notifying consignees and Anna K. Abram, Infection in Whole Blood and Blood for the consignees to notify the Components Intended for Transfusion recipient’s physician of record. Deputy Commissioner for Policy, Planning, The guidance also refers to previously Legislation, and Analysis. OMB Control Number 0910–0681— approved collections of information [FR Doc. 2017–08326 Filed 4–24–17; 8:45 am] Extension found in FDA regulations. The BILLING CODE 4164–01–P The guidance document implements collections of information in 21 CFR the donor screening recommendations 601.12 have been approved under OMB for the FDA-approved serological test control number 0910–0338; the

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collections of information in 21 CFR Avenue, Bldg. 51, Rm. 6314, Silver III. Participating in the Public 606.100, 606.121, 606.122, Spring, MD 20993, 301–796–7578, Workshop 606.160(b)(ix), 606.170(b), 610.40, and [email protected]. Registration: To register for the public 630.40 have been approved under OMB SUPPLEMENTARY INFORMATION: workshop, please visit the following control numbers 0910–0116 and 0910– I. Background Web site: https://www.eventbrite.com/e/ 0795; the collections of information in sentinel-training-at-food-and-drug- 21 CFR 606.171 have been approved The Sentinel Initiative began in 2008 administration-registration- under OMB control number 0910–0458. as a multiyear effort to create a national 32503315291. Please provide required In the Federal Register of November electronic system for monitoring the contact information for each attendee, 7, 2016 (81 FR 78170), we published a performance of FDA-regulated medical including name, title, affiliation, and 60-day notice requesting public products. The Sentinel Initiative is email. comment on the proposed extension of FDA’s response to the Food and Drug Registration is free and based on this collection of information. No Administration Amendments Act of space availability, with priority given to comments were received in response to 2007 (FDAAA) requirement that FDA early registrants. Early registration is the notice. work with public, academic, and private recommended because seating is Dated: April 18, 2017. entities to develop a system to obtain limited; therefore, FDA may limit the Anna K. Abram, information from existing electronic number of participants from each Deputy Commissioner for Policy, Planning, health care data from multiple sources organization. If time and space permit, Legislation, and Analysis. to assess the safety of FDA approved onsite registration on the day of the [FR Doc. 2017–08306 Filed 4–24–17; 8:45 am] medical products. public workshop will be provided BILLING CODE 4164–01–P The Sentinel System uses a beginning at 9 a.m. distributed data approach in which Data If you need special accommodations Partners maintain physical and due to a disability, please contact Kayla DEPARTMENT OF HEALTH AND operational control over electronic Garvin no later than June 30, 2017. HUMAN SERVICES health care data in their existing Streaming Webcast of the public environments. The distributed approach workshop: This public workshop will Food and Drug Administration is achieved by using a standardized data also be Webcast at: https:// [Docket No. FDA–2017–N–0001] structure referred to as the Sentinel collaboration.fda.gov/ Common Data Model. Data Partners sentineltraining2017/. Sentinel Training at the Food and Drug transform their data locally in If you have never attended a Connect Administration; Public Workshop accordance with the Common Data Pro event before, test your connection at Model, which enables them to execute https://collaboration.fda.gov/common/ AGENCY: Food and Drug Administration, standardized computer programs that help/en/support/meeting_test.htm. To HHS. run identically at each Data Partner site. get a quick overview of the Connect Pro ACTION: Notice of public workshop. Data Partners are able to review the program, visit https://www.adobe.com/ _ SUMMARY: The Food and Drug results of the queries before sending go/connectpro overview. FDA has Administration (FDA, the Agency, or them back to the Sentinel Operations verified the Web site addresses in this we) is announcing the following public Center. Queries are distributed and document, as of the date this document workshop entitled ‘‘Sentinel Training at results are returned through a secure publishes in the Federal Register, but FDA.’’ The purpose of the public portal to preserve privacy. Web sites are subject to change over workshop is to provide training to II. Topics for Discussion at the Public time. understand the kinds of questions that Workshop Transcripts: Please be advised that can be asked using health care claims transcripts will not be available. This full-day seminar, targeting data generally and within the FDA Dated: April 19, 2017. clinical researchers and others without Sentinel System specifically, allowing Leslie Kux, direct experience using health care an understanding of the capabilities of Associate Commissioner for Policy. the Sentinel System. claims data, will provide an overview of data that are and are not available in the [FR Doc. 2017–08302 Filed 4–24–17; 8:45 am] DATES: The public workshop will be Sentinel Distributed Database, the BILLING CODE 4164–01–P held on July 10, 2017, from 10 a.m. to Sentinel Common Data Model, and a 4 p.m. description of the distributed tools ADDRESSES: The public workshop will available to work with the data. This DEPARTMENT OF HEALTH AND be held at FDA’s White Oak Campus, seminar will help those in attendance HUMAN SERVICES 10903 New Hampshire Ave., Bldg. 31, understand the kinds of questions that Food and Drug Administration Rm. 1503 (the Great Room), Silver can be asked using health care claims Spring, MD 20993. Entrance for the data generally and within the Sentinel [Docket No. FDA–2013–N–1393] public workshop participants (non-FDA System specifically. Attendees will employees) is through Building 1 where leave with an understanding of the Agency Information Collection routine security check procedures will capabilities of the Sentinel System. The Activities; Submission for Office of be performed. For parking and security Sentinel System can help the public, Management and Budget Review; information, please refer to https:// academia, and private entities better Comment Request; Patent Term www.fda.gov/AboutFDA/ understand potential safety issues Restoration, Due Diligence Petitions, WorkingatFDA/BuildingsandFacilities/ associated with FDA-approved medical Filing, Format, and Content of WhiteOakCampusInformation/ products. Importantly, users can get Petitions ucm241740.htm. responses to their questions in a matter AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: of weeks, as compared to months, or HHS. Kayla Garvin, Food and Drug even longer using traditional ACTION: Notice. Administration, 10903 New Hampshire surveillance methods.

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SUMMARY: The Food and Drug which diminishes the value of the ‘‘shall set forth sufficient facts, Administration (FDA or we) is patent. In enacting the Drug Price including dates if possible, to merit an announcing that a proposed collection Competition and Patent Term investigation by FDA or whether the of information has been submitted to the Restoration Act of 1984 and the Generic applicant acted with due diligence.’’ Office of Management and Budget Animal Drug and Patent Term Upon receipt of a due diligence petition, (OMB) for review and clearance under Restoration Act of 1988, Congress FDA reviews the petition and evaluates the Paperwork Reduction Act of 1995. sought to encourage development of whether any change in the regulatory DATES: Fax written comments on the new, safer, and more effective medical review period is necessary. If so, the collection of information by May 25, and food additive products. It did so by corrected regulatory review period is 2017. authorizing the U.S. Patent and published in the Federal Register. A ADDRESSES: To ensure that comments on Trademark Office (USPTO) to extend due diligence petition not satisfied with the information collection are received, the patent term by a portion of the time FDA’s decision regarding the petition OMB recommends that written during which FDA’s safety and may, under § 60.40 (21 CFR 60.40), comments be faxed to the Office of effectiveness review prevented request an informal hearing for Information and Regulatory Affairs, marketing of the product. The length of reconsideration of the due diligence OMB, Attn: FDA Desk Officer, FAX: the patent term extension is generally determination. Petitioners are likely to 202–395–7285, or emailed to oira_ limited to a maximum of 5 years, and include persons or organizations having [email protected]. All is calculated by USPTO based on a knowledge that FDA’s marketing comments should be identified with the statutory formula. permission for that product was not OMB control number 0910–0233. Also When a patent holder submits an actively pursued throughout the include the FDA docket number found application for patent term extension to regulatory review period. The in brackets in the heading of this USPTO, USPTO requests information information collection for which an document. from FDA, including the length of the extension of approval is being sought is regulatory review period for the the use of the statutorily created due Patent Term Restoration, Due Diligence patented product. If USPTO concludes diligence petition. Petitions, Filing, Format, and Content of that the product is eligible for patent Since 1992, 20 requests for revision of Petitions—21 CFR Part 60—OMB term extension, FDA publishes a notice the regulatory review period have been Control Number 0910–0233—Extension that describes the length of the submitted under § 60.24(a). In years SUPPLEMENTARY INFORMATION: FDA’s regulatory review period and the dates 2013, 2014, and 2015, a total of five patent extension activities are used to calculate that period. Interested requests were submitted under conducted under the authority of the parties may request, under § 60.24 (21 § 60.24(a). During that same time period, Drug Price Competition and Patent CFR 60.24), revision of the length of the there have been no requests under Term Restoration Act of 1984 (21 U.S.C. regulatory review period, or may §§ 60.30 and 60.40; however, for 355(j)) and the Generic Animal Drug petition under § 60.30 (21 CFR 60.30) to purposes of this information collection and Patent Term Restoration Act of 1988 reduce the regulatory review period by approval, we are estimating that we may (35 U.S.C. 156). New human drug, any time where marketing approval was receive one submission annually. animal drug, human biological, medical not pursued with ‘‘due diligence.’’ In the Federal Register of November device, food additive, or color additive The statute defines due diligence as 1, 2016 (81 FR 75824), we published a products regulated by FDA must ‘‘that degree of attention, continuous 60-day notice requesting public undergo FDA safety, or safety and directed effort, and timeliness’’ as may comment on the proposed collection of effectiveness review before marketing is reasonably be expected from, and are information. No comments were permitted. Where the product is covered ordinarily exercised by, a person during received in response to the notice. by a patent, part of the patent’s term a regulatory review period. As provided FDA estimates the burden of this may be consumed during this review, in § 60.30(c), a due diligence petition collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

60.24(a) ...... 3 1.66 5 100 500 60.30 ...... 1 1 1 50 50 60.40 ...... 1 1 1 10 10

Total ...... 560 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: April 19, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–08325 Filed 4–24–17; 8:45 am] BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND • If you want to submit a comment information about FDA’s posting of HUMAN SERVICES with confidential information that you comments to public dockets, see 80 FR do not wish to be made available to the 56469, September 18, 2015, or access Food and Drug Administration public, submit the comment as a the information at: https://www.gpo.gov/ [Docket No. FDA–2015–N–2342] written/paper submission and in the fdsys/pkg/FR-2015-09-18/pdf/2015- manner detailed (see ‘‘Written/Paper 23389.pdf. Pediatric Studies of Ampicillin Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to read background documents or the Conducted in Accordance With the Written/Paper Submissions Public Health Service Act electronic and written/paper comments Submit written/paper submissions as received, go to https:// AGENCY: Food and Drug Administration, follows: www.regulations.gov and insert the HHS. • Mail/Hand delivery/Courier (for docket number, found in brackets in the ACTION: Notice; request for comment. written/paper submissions): Division of heading of this document, into the Dockets Management (HFA–305), Food ‘‘Search’’ box and follow the prompts SUMMARY: The Food and Drug and Drug Administration, 5630 Fishers and/or go to the Division of Dockets Administration (FDA or Agency) is Lane, Rm. 1061, Rockville, MD 20852. Management, 5630 Fishers Lane, Rm. making available to the public a report, • For written/paper comments 1061, Rockville, MD 20852. submitted by Duke Clinical Research submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT: Lori Institute on December 15, 2015, of the Management, FDA will post your pediatric studies of ampicillin that were Gorski, Center for Drug Evaluation and comment, as well as any attachments, Research, Food and Drug conducted in accordance with the except for information submitted, Public Health Service Act (PHS Act) and Administration, 10903 New Hampshire marked and identified, as confidential, Ave., Bldg. 22, Rm. 6466, Silver Spring, submitted to the Director of the National if submitted as detailed in Institutes of Health (NIH) and the MD 20993–0002, email: Lori.Gorski@ ‘‘Instructions.’’ fda.hhs.gov. Commissioner of Food and Drugs. This Instructions: All submissions received notice is to announce the 30-day open must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: public comment period on the report. 2015–N–2342 for ‘‘Pediatric Studies of 1. Background DATES: Submit either electronic or Ampicillin Conducted in Accordance written comments by May 25, 2017. With Section 409I of the Public Health Under section 409I of the PHS Act (42 Late, untimely filed comments will not Service Act.’’ Received comments, those U.S.C. 284m), the Secretary of Health and Human Services (the Secretary), be considered. Electronic comments filed in a timely manner (see DATES), must be submitted on or before May 25, will be placed in the docket and, except acting through the Director of NIH, in 2017. The https://www.regulations.gov for those submitted as ‘‘Confidential consultation with FDA and experts in pediatric research, must develop, electronic filing system will accept Submissions,’’ publicly viewable at prioritize, and publish a list of priority comments until midnight Eastern Time https://www.regulations.gov or at the needs in pediatric therapeutics, at the end of May 25, 2017. Comments Division of Dockets Management including drugs and indications that received by mail/hand delivery/courier between 9 a.m. and 4 p.m., Monday require study.1 For drugs and (for written/paper submissions) will be through Friday. indications on this list, FDA, acting in considered timely if they are • Confidential Submissions—To consultation with NIH, is authorized to postmarked or the delivery service submit a comment with confidential issue a written request, under the Best acceptance receipt is on or before that information that you do not wish to be Pharmaceuticals for Children Act, to date. made publicly available, submit your comments only as a written/paper holders of a new drug application or an ADDRESSES: You may submit comments abbreviated new drug application for a as follows: submission. You should submit two copies total. One copy will include the drug for which pediatric studies are Electronic Submissions information you claim to be confidential needed, to provide safety and efficacy Submit electronic comments in the with a heading or cover note that states information for pediatric labeling. If the following way: ‘‘THIS DOCUMENT CONTAINS applicants or application holders • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The receiving the written request decline to https://www.regulations.gov. Follow the Agency will review this copy, including conduct the studies, or if FDA does not instructions for submitting comments. the claimed confidential information, in receive a response to the written request Comments submitted electronically, its consideration of comments. The within 30 days of the date the written including attachments, to https:// second copy, which will have the request was issued, the Secretary, acting www.regulations.gov will be posted to claimed confidential information through the Director of NIH and in the docket unchanged. Because your redacted/blacked out, will be available consultation with FDA, must publish a comment will be made public, you are for public viewing and posted on request for proposals to conduct the solely responsible for ensuring that your https://www.regulations.gov. Submit pediatric studies described in the comment does not include any both copies to the Division of Dockets written request and award funds to an confidential information that you or a Management. If you do not wish your entity with appropriate expertise for the third party may not wish to be posted, name and contact information to be conduct of the pediatric studies such as medical information, your or made publicly available, you can described in the written request. Upon anyone else’s Social Security number, or provide this information on the cover completion of the pediatric studies, a confidential business information, such sheet and not in the body of your study report that includes all data as a manufacturing process. Please note comments and you must identify this generated in connection with the that if you include your name, contact information as ‘‘confidential.’’ Any studies must be submitted to FDA and information, or other information that information marked as ‘‘confidential’’ 1 Prior to the 2007 reauthorization of the Best identifies you in the body of your will not be disclosed except in Pharmaceuticals for Children Act (Pub. L. 107–109), comments, that information will be accordance with 21 CFR 10.20 and other the priority list included specific drugs instead of posted on https://www.regulations.gov. applicable disclosure law. For more therapeutic areas.

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NIH and placed in a public docket Dated: April 19, 2017. Drug Administration, 10001 New assigned by FDA. Anna K. Abram, Hampshire Ave., Silver Spring, MD Neonates are at risk for serious Deputy Commissioner for Policy, Planning, 20993–0002, 301–796–6707, email: bacterial infections including Legislation, and Analysis. [email protected]; or Elias Mallis, meningitis, bacteremia, sepsis, and [FR Doc. 2017–08301 Filed 4–24–17; 8:45 am] Center for Devices and Radiological urinary tract infections. Most of these BILLING CODE 4164–01–P Health, 10903 New Hampshire Ave., children are admitted to a hospital, Silver Spring, MD 20993–0002, 301– where they receive antibiotics. Early 796–7100, email: [email protected]. onset of bacterial infection (less than 7 DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: HUMAN SERVICES days of life) reflects vertical I. Background transmission, usually caused by group B Food and Drug Administration streptococci (GBS), Escherichia coli, FDA is announcing a public Listeria monocytogenes, or enterococcus [Docket No. FDA–2017–N–0001] conference entitled ‘‘FDA Small species, and is a significant cause of Business and Industry Assistance illness and death among low birth Food and Drug Administration Small Regulatory Education for Industry weight infants. Late onset infections Business and Industry Assistance Spring Conference.’’ This public suggest nosocomial, community- Regulatory Education for Industry conference is intended to increase the acquired infections or late onset GBS; Spring Conference; Public Conference drug and medical device industry’s awareness of applicable FDA these may be caused by gram-negative AGENCY: Food and Drug Administration, regulations. There will be an organisms as well as staphylococcal HHS. opportunity for questions and answers species. The first line of antibiotic ACTION: Notice of public conference. therapy is ampicillin in combination following each presentation. with gentamicin or a third-generation SUMMARY: The Food and Drug II. Topics for Discussion at the cephalosporin. Administration (FDA) Center for Drug Conference Evaluation and Research (CDER), In the Federal Register of February together with the Center for Devices and This 2-day, FDA-led forum offers the 13, 2004 (71 FR 23931), NIH published Radiological Health (CDRH), is opportunity to interact with FDA a notice announcing the addition of sponsoring a 2-day public conference subject matter experts from across CDER several drugs, including ampicillin, to entitled ‘‘FDA Small Business and and CDRH. The following information the priority list of drugs most in need of Industry Assistance Regulatory will be discussed: study for use by children to ensure the Education for Industry (REdI) Spring • CDER Investigational New Drug drugs’ safety and efficacy. A written Conference.’’ The goal of this public Application (IND) Review Process: request for pediatric studies of conference is to provide direct, relevant, Types of IND; Content and Format of ampicillin was issued on August 5, and helpful information on the key an IND; Chemistry Manufacturing and 2005, to the holders of applications for aspects of drug and medical device Controls; Pharmacology/Toxicology; ampicillin. FDA did not receive a regulations in order to increase Drug Inspections response to the written request. regulatory certainty and predictability • CDRH: 510(k); Biocompatibility in Accordingly, NIH issued a request for for pharmaceutical and/or medical Premarket Submissions; Non- proposals to conduct the pediatric device industry. Our primary audience Conforming Product; Device studies described in the written request is that of small manufacturers of drug Inspections in 2006, and awarded funds to Pediatric and/or medical devices who want to Trials Network in December 2011 to III. Participating in the Public learn about how FDA approaches the complete the studies described in the Conference regulation of drugs and medical devices written request. Upon completion of the and for whom increased certainty and Registration: There is no fee to attend pediatric studies, a report of the predictability will help to decrease the the public conference. Space is limited, pediatric studies of ampicillin was regulatory burdens that can be and registration will be on a first-come, submitted to NIH and FDA. As required associated with a lack of understanding first-served basis. To register, please under section 409I of the PHS Act, FDA of, or familiarity with, FDA’s drug and complete registration online at: https:// opened a public docket and NIH placed medical device regulations. However, www.fda.gov/Drugs/ in the docket the report of pediatric anyone involved in the pharmaceutical DevelopmentApprovalProcess/ studies of ampicillin that was submitted and/or medical device industry may SmallBusinessAssistance/ to NIH and FDA. The report includes all attend. ucm545309.htm. Early registration is data generated in connection with the recommended. Registrants will receive DATES: The public conference will be study, including the written request. email confirmation when they have held May 9 and 10, 2017, from 8:30 a.m. been accepted, and reminder emails will II. Availability of Report for Public to 4:30 p.m. See the SUPPLEMENTARY be sent to registrants 2 days before the Comment INFORMATION section for registration conference. If time and space permit, information. FDA is announcing the 30-day open onsite registration will be available public comment period for the report of ADDRESSES: The public conference will beginning at 7:30 a.m. on each day of the pediatric studies of ampicillin that be held in the High Ballroom, located on the public conference. If you need were conducted in accordance with the Lobby Level of the Renaissance special accommodations due to section 409I of the PHS Act and Atlanta Midtown Hotel, 866 W. disability, please contact info@ submitted to NIH and FDA. We invite Peachtree St. NW., Atlanta, GA 30308. sbiaevents.com at least 7 days in interested parties to review the Duke The hotel’s phone number is 678–412– advance. Clinical Research Institute report, which 2400. Streaming Webcast of the Public was posted to the docket on December FOR FURTHER INFORMATION CONTACT: Conference: This public conference will 15, 2015, and submit comments to the Brenda Stodart, Center for Drug also be Webcast. Persons interested in docket (see ADDRESSES). Evaluation and Research, Food and viewing the Webcast must register to

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receive a confirmation email with the ADDRESSES: Submit your comments, formula-based criteria used to determine Webcast link. including the Information Collection the award amount to the applicant If you have never attended a Connect Request Title, to the desk officer for schools. Continued approval of the Pro event before, test your connection at HRSA, either by email to OIRA_ revised NFLP—Program Specific Data https://collaboration.fda.gov/common/ [email protected] or by fax to Form allows HRSA to efficiently capture help/en/support/meeting_test.htm. To 202–395–5806. data to generate the formula-based get a quick overview of the Connect Pro FOR FURTHER INFORMATION CONTACT: To award and facilitates reporting on the program, visit https://www.adobe.com/ request a copy of the clearance requests use of funds and analysis of program go/connectpro_overview. FDA has submitted to OMB for review, email the outcomes. verified the Web site addresses in this HRSA Information Collection Clearance The addition of Line Item D2, NFLP document, as of the date this document Officer at [email protected] or call Loan Fund Default Rate, will allow publishes in the Federal Register, but (301) 443–1984. HRSA to easily assess and consider an Web sites are subject to change over SUPPLEMENTARY INFORMATION: When existing performance standard for those time. submitting comments or requesting applicants with existing NFLP loan Transcripts: Transcripts will not be information, please include the available. accounts. Used in combination with an information request collection title for existing NFLP institution’s self-reported Dated: April 19, 2017. reference, in compliance with Section NFLP loan balance, the addition of Line Anna K. Abram, 3506(c)(2)(A) of the Paperwork Item D3, Last NFLP Student Loan Deputy Commissioner for Policy, Planning, Reduction Act of 1995. Award, will allow HRSA to assess the Legislation, and Analysis. Information Collection Request Title: loan fund activity (i.e., incidence of [FR Doc. 2017–08308 Filed 4–24–17; 8:45 am] Nurse Faculty Loan Program (NFLP)— loans to students) of an existing NFLP BILLING CODE 4164–01–P Program Specific Data Form, OMB No. institution applying for additional 0915–0378—Revision. funding. Abstract: This clearance request is for DEPARTMENT OF HEALTH AND continued approval of the Nurse Faculty Likely Respondents: NFLP eligible HUMAN SERVICES Loan Program (NFLP) revised Program applicants. This includes accredited Specific Data Form. HRSA is schools of nursing offering eligible Health Resources and Services streamlining the data collection form by advanced masters and/or doctoral Administration making the following changes: degree nursing education programs that • will prepare students to serve as [OMB No. 0915–0378] Line Item D will be renamed ‘‘D1. NFLP Loan Fund Balance/Unused qualified nursing faculty. Agency Information Collection Accumulation.’’ Burden Statement: Burden in this • Activities: Submission to OMB for Addition of Line Item D2 titled context means the time expended by Review and Approval; Public Comment ‘‘NFLP Loan Fund Default Rate,’’ persons to generate, maintain, retain, Request; Information Collection Title: requesting information regarding the disclose or provide the information Nurse Faculty Loan Program (NFLP)— status of an institution’s default rate. • requested. This includes the time Program Specific Data Form; Revision Addition of Line Item D3 titled needed to review instructions; to ‘‘Last NFLP Student Loan Award,’’ develop, acquire, install, and utilize AGENCY: Health Resources and Services requesting information regarding the technology and systems for the purpose Administration (HRSA), Department of disbursement of NFLP loan funds of collecting, validating, and verifying Health and Human Services. within the last 2 academic years. information, processing and ACTION: • Line Item E2 Column Header will Notice. maintaining information, and disclosing be renamed ‘‘E.2 NFLP Enrollees and providing information; to train SUMMARY: In compliance with the Information by Degree—New Students personnel and to be able to respond to Paperwork Reduction Act of 1995, Expected to Request NFLP Support.’’ HRSA has submitted an Information • Under Section B of instructions, a collection of information; to search Collection Request (ICR) to the Office of ‘‘other attachments’’ will be updated to data sources; to complete and review Management and Budget (OMB) for reflect the current list of NFLP Funding the collection of information; and to review and approval. Comments Opportunity Announcement transmit or otherwise disclose the submitted during the first public review attachments. information. of this ICR will be provided to OMB. Need and Proposed Use of the The total burden for this revised form OMB will accept further comments from Information: The NFLP—Program has decreased by 480 hours due to an the public during the review and Specific Data Form is a required estimated decrease in number of approval period. electronic attachment within the NFLP respondents. The total annual burden DATES: Comments on this ICR should be application materials. The data hours estimated for this ICR are received no later than May 25, 2017. provided in the form is essential for the summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

NFLP—Program Specific Data Form ...... 90 1 90 8 720

Total Burden ...... 90 ...... 90 ...... 720

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Jason E. Bennett, 3506(c)(2)(A) of the Paperwork cumulative information on: (1) NFLP Director, Division of the Executive Secretariat. Reduction Act of 1995. loan funds received, (2) number and [FR Doc. 2017–08295 Filed 4–24–17; 8:45 am] Information Collection Request Title: amount of NFLP loans made, (3) number BILLING CODE 4165–15–P Nurse Faculty Loan Program (NFLP), and amount of loans cancelled, (4) Annual Performance Report Financial number and amount of loans in Data Form, OMB No. 0915–0314— repayment, (5) loan default rate percent, DEPARTMENT OF HEALTH AND Revision. (6) number of NFLP graduates employed HUMAN SERVICES Abstract: This clearance request is for as nurse faculty, and (7) other related approval of a revision to the Nurse loan fund costs and activities. Health Resources and Services Faculty Loan Program, Annual Participating schools must keep records Administration Performance Report (NFLP–APR) of all NFLP loan fund transactions. Financial Data Form. The form was [OMB No. 0915–0314] The revised NFLP–APR Financial previously titled as the Nurse Faculty Data Form no longer includes nursing Agency Information Collection Loan Program, Annual Operating Report student demographic data, which is Activities: Submission to OMB for (NFLP–AOR). collected under another form (OMB Section 846A of the Public Health Review and Approval; Public Comment approval number 0915–0061). As a Service Act provides the Secretary of Request; Information Collection result, the annual burden is estimated to HHS with the authority to enter into an Request Title: Nurse Faculty Loan decrease by 440 hours. The information agreement with schools of nursing for requested from participating schools in Program, Annual Performance Report the establishment and operation of a the revised NFLP–APR Financial Data Financial Data Form; Revision student loan fund to increase the Form is not available from any other number of qualified nurse faculty. AGENCY: Health Resources and Services source. Administration (HRSA), Department of Under the agreement, HRSA makes an In accordance with statute and Health and Human Services (HHS). award to a participating school for the program guidelines, the NFLP–APR ACTION: Notice. NFLP loan fund, which must be maintained in a distinct account. Each Financial Data Form is used to monitor grantee performance by collecting SUMMARY: In compliance with the school of nursing then makes loans from information related to the NFLP loan Paperwork Reduction Act of 1995, the NFLP account to students enrolled fund operations and financial activities HRSA has submitted an Information full-time or, at the discretion of the for the July 1 through June 30 academic Collection Request (ICR) to the Office of Secretary, part-time, in a master’s or year. Participating schools must submit Management and Budget (OMB) for doctoral nursing education program that the NFLP–APR Financial Data Form review and approval. Comments prepares the students to become annually. submitted during the first public review qualified nursing faculty. Following of this ICR will be provided to OMB. graduation from the NFLP lending Likely Respondents: Participating OMB will accept further comments from school, loan recipients may receive up NFLP schools are required to adhere to the public during the review and to 85 percent NFLP loan cancellation reporting requirements. approval period. over a consecutive 4-year period in Burden Statement: Burden in this DATES: Comments on this ICR should be exchange for service as full-time faculty context means the time expended by received no later than May 25, 2017. at a school of nursing. The NFLP persons to generate, maintain, retain, lending school collects the portion of disclose, or provide the information ADDRESSES: Submit your comments, the loan that is not cancelled and any requested. This burden includes the including the ICR Title, to the desk loans that go into repayment due to time needed to review instructions; to officer for HRSA, either by email to default and deposits these monies into develop, acquire, install, and utilize [email protected] or by the NFLP loan fund to make additional technology and systems for the purpose fax to 202–395–5806. NFLP loans. of collecting, validating, and verifying FOR FURTHER INFORMATION CONTACT: To Need and Proposed Use of the information, processing and request a copy of the clearance requests Information: The NFLP–APR Financial maintaining information, and disclosing submitted to OMB for review, email the Data Form collects financial data online and providing information; to train HRSA Information Collection Clearance through HRSA’s Electronic Handbooks personnel and to be able to respond to Officer at [email protected] or call to capture the NFLP loan fund account a collection of information; to search (301) 443–1984. activity related to financial receivables, data sources; to complete and review SUPPLEMENTARY INFORMATION: When disbursements, and borrower account the collection of information; and to submitting comments or requesting data regarding employment status, loan transmit or otherwise disclose the information, please include the cancellation, loan repayment, and information. The total annual burden information request collection title for collections. Participating schools hours estimated for this ICR are reference, in compliance with Section provide HRSA with current and summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

NFLP—Annual Performance Report Financial Data Form 260 1 260 6 1,560

Total ...... 260 ...... 260 ...... 1,560

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Jason E. Bennett, ADDRESSES: Submit your comments, regarding opportunities and program Director, Division of the Executive Secretariat. including the Information Collection updates with the NHSC and/or the [FR Doc. 2017–08297 Filed 4–24–17; 8:45 am] Request Title, to the desk officer for NURSE Corps. The form requests _ BILLING CODE 4165–15–P HRSA, either by email to OIRA information such as name, email, city [email protected] or by fax to and state, organization where employed 202–395–5806. (or the school attending), the year one DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To intends to graduate (if applicable), and HUMAN SERVICES request a copy of the clearance requests how one heard about the NHSC and submitted to OMB for review, email the NURSE Corps programs. Health Resources and Services HRSA Information Collection Clearance Need and Proposed Use of the Administration Officer at [email protected] or call Information: The need and purpose of (301) 443–1984. this information collection is to share Agency Information Collection SUPPLEMENTARY INFORMATION: When information regarding the NHSC and Activities: Submission to OMB for NURSE Corps programs with interested Review and Approval; Public Comment submitting comments or requesting information, please include the individuals. Request; The National Health Service Likely Respondents: Individuals Corps and NURSE Corps Interest information request collection title for reference, in compliance with Section interested in the NHSC or NURSE Corps Capture Form, OMB No. 0915–0337— programs. Extension 3506(c)(2)(A) of the Paperwork Reduction Act of 1995. Burden Statement: Burden in this AGENCY: Health Resources and Services Information Collection Request Title: context means the time expended by Administration (HRSA), Department of The National Health Service Corps and persons to generate, maintain, retain, Health and Human Services. NURSE Corps Interest Capture Form, disclose, or provide the information OMB No. 0915–0337—Extension. requested. This includes the time ACTION: Notice. Abstract: HRSA’s Bureau of Health needed to review instructions; to Workforce administers the National develop, acquire, install, and utilize SUMMARY: In compliance with the Health Service Corps (NHSC) and the technology and systems for the purpose Paperwork Reduction Act of 1995, NURSE Corps programs, which are of collecting, validating, and verifying HRSA has submitted an Information committed to improving the health of information, processing and Collection Request (ICR) to the Office of the underserved by connecting maintaining information, and disclosing Management and Budget (OMB) for communities in need with health and providing information; to train review and approval. Comments professionals and supporting personnel and to be able to respond to submitted during the first public review communities’ efforts to build better a collection of information; to search of this ICR will be provided to OMB. systems of care. The NHSC and NURSE data sources; to complete and review OMB will accept further comments from Corps Interest Capture Form is an the collection of information; and to the public during the review and optional form that a health profession transmit or otherwise disclose the approval period. student, licensed clinician, faculty information. The total annual burden DATES: Comments on this ICR should be member, or clinical site administrator hours estimated for this ICR are received no later than May 25, 2017. may complete to request information summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

NHSC and NURSE Corps Programs Interest Capture Form ...... 2,400 1 2,400 .025 60

Total ...... 2,400 ...... 2,400 ...... 60

Jason E. Bennett, Director, Division of the Executive Secretariat. [FR Doc. 2017–08298 Filed 4–24–17; 8:45 am] BILLING CODE 4165–15–P

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DEPARTMENT OF HEALTH AND internal decision-making and interview. When screening is required HUMAN SERVICES development purposes and does not (e.g., quota sampling), the screening will extend to the collection of data for be as brief as possible and the screening Health Resources and Services public release or policy formation. It is questionnaire will be provided as part of Administration anticipated that these studies will rely the submission to OMB. The information collection methods [OMB No. 0915–0379] heavily on qualitative techniques to meet their objective. In general, these will vary, but may include the activities are not designed to yield following: Agency Information Collection • Activities: Submission to OMB for results that meet generally accepted Individual in-depth interviews—In- Review and Approval; Public Comment standards of statistical rigor but are depth interviews will commonly be Request; Information Collection intended to obtain valuable formative used to ensure that the meaning of a Request Title: Questionnaire and Data information to develop data collection questionnaire or strategy is understood Collection Testing, Evaluation, and tools that will yield more accurate by the respondent. When in-depth Research for the Health Resources and results and decrease non-response. interviewing is used, the interview Services Administration; Extension Need and Proposed Use of the guide will be provided to OMB for Information: HRSA conducts cognitive review. AGENCY: Health Resources and Services interviews, focus groups, usability tests, • Focus groups—Focus groups will be Administration (HRSA), Department of field tests/pilot interviews, and used to obtain insights into beliefs and Health and Human Services. experimental research in laboratory and understandings of the target audience ACTION: Notice. field settings, both for applied early in the development of a questionnaire development and questionnaire or tool. When focus SUMMARY: In compliance with the evaluation as well as basic research on groups are used, the focus group Paperwork Reduction Act of 1995, response errors in surveys. HRSA staff discussion guide will be provided to HRSA has submitted an Information use various techniques to evaluate OMB for review. • Collection Request (ICR) to the Office of interviewer-administered, self- Expert/Gatekeeper review of tools— Management and Budget (OMB) for administered, telephone, Computer- In some instances, tools designed for review and approval. Comments Assisted Personal Interviewing (CAPI), patients may be reviewed in-depth by submitted during the first public review Computer Assisted Self-Interviewing, medical providers or other gatekeepers of this ICR will be provided to OMB. Audio Computer-Assisted Self- to provide feedback on the acceptability OMB will accept further comments from Interviewing, and web-based and usability of a particular tool. This the public during the review and questionnaires. would usually be in addition to approval period. Professionally-recognized procedures pretesting of the tool by the actual DATES: Comments on this ICR should be are followed in each information patient or other user. • received no later than May 25, 2017. collection activity to ensure high quality Record abstractions—On occasion, the development of a tool or other ADDRESSES: Submit your comments, data. Examples of these procedures information collection requires review including the ICR Title, to the desk include the following: • and interaction with records rather than officer for HRSA, either by email to Monitoring by supervisory staff of a _ certain percent of telephone interviews; individuals. OIRA [email protected] or by • • ‘‘Dress rehearsal’’ of a specific fax to 202–395–5806. Conducting cognitive interviewing techniques, including think-aloud protocol—In some instances, the FOR FURTHER INFORMATION CONTACT: To techniques and debriefings; proposed pretesting will constitute a request a copy of the clearance requests • Digitizing through scannable forms walkthrough of the intended data submitted to OMB for review, email the or checking through double-key entry collection procedure. In these instances, HRSA Information Collection Clearance mail or paper-and-pencil surveys; the request will mirror what is expected Officer at [email protected] or call • Monitoring of focus groups by to occur for the larger scale data (301) 443–1984. observers and recording focus group collection. SUPPLEMENTARY INFORMATION: When proceedings; and/or Likely Respondents: Respondents will submitting comments or requesting • Statistically-validating data be recruited by means of advertisements information, please include the submitted through on-line surveys to in public venues or through techniques information request collection title for ensure accuracy, such as disallowing that replicate prospective data reference, in compliance with Section out-of-range values. collection activities that are the focus of 3506(c)(2)(A) of the Paperwork Each request under this generic the project. For instance, a survey on Reduction Act of 1995. clearance will specify the procedures to physician communication, designed to Information Collection Request Title: be used. Participation will be voluntary, be administered following an office Questionnaire and Data Collection and non-participation will not affect visit, might be pretested using the same Testing, Evaluation, and Research for eligibility for, or receipt of, future HRSA procedure. Each submission to OMB the Health Resources and Services health services research activities or will specify the specific recruitment Administration; OMB No. 0915–0379— grant awards, recruitment, or procedure to be used. Extension. participation. Specific testing and Burden Statement: Burden in this Abstract: The purpose of this generic evaluation procedures will be described context means the time expended by clearance is to obtain formative when HRSA notifies OMB about each persons to generate, maintain, retain, information from respondents to new request. Consent procedures will be disclose or provide the information develop new questions, questionnaires, customized for each information requested. This includes the time and tools and to identify problems in collection activity, but will include needed to review instructions; to instruments currently in use. This assurances of confidentiality and the develop, acquire, install and utilize clearance request is limited to formative legislative authority for the activity. If technology and systems for the purpose research activities emphasizing data the encounter is to be recorded, the of collecting, validating and verifying collection, toolkit development, and respondent’s permission to record will information, processing and estimation procedures and reports for be obtained before beginning the maintaining information, and disclosing

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and providing information; to train data sources; to complete and review information. The total annual burden personnel and to be able to respond to the collection of information; and to hours estimated for this ICR are a collection of information; to search transmit or otherwise disclose the summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

Average Number of Number of Total burden per Total burden Type of information collection respondents responses per responses response hours respondent (in hours)

Mail/email 1 ...... 1,670 1 1,670 0.26 434.2 Telephone ...... 1,670 1 1,670 0.26 434.2 Web-based ...... 1,666 1 1,666 0.25 416.5 Focus Groups ...... 1,666 1 1,666 1.0 1,666 In-person ...... 1,666 1 1,666 1.0 1,666 Automated 2 ...... 1,666 1 1,666 1.0 1,666 Cognitive Testing ...... 5,000 1 5,000 1.41 7,050

Total ...... 15,004 ...... 15,004 ...... 13,333 1 May include telephone non-response follow-up, in which case the burden will not change. 2 May include testing of database software, CAPI software, or other automated technologies.

Jason E. Bennett, Agenda: Report to the Director, NIDCR. DEPARTMENT OF HEALTH AND Director, Division of the Executive Secretariat. Place: National Institutes of Health, HUMAN SERVICES [FR Doc. 2017–08296 Filed 4–24–17; 8:45 am] Building 31C, Conference Room 10, 31 BILLING CODE 4165–15–P Center Drive, Bethesda, MD 20892. National Institutes of Health Closed: 2:00 p.m. to 3:00 p.m. Agenda: To review and evaluate grant Interagency Coordinating Committee DEPARTMENT OF HEALTH AND applications. on the Validation of Alternative HUMAN SERVICES Place: National Institutes of Health, Methods; Notice of Public Meeting; Building 31C, Conference Room 10, 31 Request for Public Input National Institutes of Health Center Drive, Bethesda, MD 20892. SUMMARY: The Interagency Coordinating Contact Person: Alicia J. Dombroski, Ph.D., Committee on the Validation of National Institute of Dental & Director, Division of Extramural Activities, Alternative Methods (ICCVAM) will Craniofacial Research; Notice of Natl Inst of Dental and Craniofacial Research, Meeting National Institutes of Health, Bethesda, MD hold a public forum to share 20892, 301–594–4805, adombroski@ information and facilitate direct Pursuant to section 10(d) of the nidcr.nih.gov. communication of ideas and suggestions Federal Advisory Committee Act, as from stakeholders. Interested persons amended (5 U.S.C. App.), notice is In the interest of security, NIH has may attend in person or view the hereby given of a meeting of the instituted stringent procedures for entrance meeting remotely by webcast. Time will onto the NIH campus. All visitor vehicles, National Advisory Dental and be set aside for questions and public including taxicabs, hotel, and airport shuttles Craniofacial Research Council. statements on the topics discussed. will be inspected before being allowed on The meeting will be open to the Registration is requested for both public campus. Visitors will be asked to show one public as indicated below, with attendance and oral statements, and form of identification (for example, a attendance limited to space available. government-issued photo ID, driver’s license, required for remote access. Information Individuals who plan to attend and or passport) and to state the purpose of their about the meeting and registration are need special assistance, such as sign visit. available at http://ntp.niehs.nih.gov/go/ language interpretation or other Information is also available on the iccvamforum-2017. reasonable accommodations, should Institute’s/Center’s home page: http:// DATES: notify the Contact Person listed below www.nidcr.nih.gov/about, where an agenda Meeting: May 23, 2017, 9:00 a.m. to in advance of the meeting. and any additional information for the approximately 4:00 p.m. Eastern The meeting will be closed to the meeting will be posted when available. Daylight Time (EDT). public in accordance with the Registration for Onsite Meeting: (Catalogue of Federal Domestic Assistance provisions set forth in sections Deadline is May 12, 2017. Program Nos. 93.121, Oral Diseases and Registration for Webcast: Deadline is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Disorders Research, National Institutes of May 23, 2017. as amended. The grant applications and Health, HHS) the discussions could disclose Submission of Oral Public Statements: confidential trade secrets or commercial Dated: April 19, 2017. Deadline is May 12, 2017. property such as patentable material, Natasha M. Copeland, ADDRESSES: and personal information concerning Program Analyst, Office of Federal Advisory Meeting Location: William H. Natcher individuals associated with the grant Committee Policy. Conference Center, National Institutes of applications, the disclosure of which [FR Doc. 2017–08294 Filed 4–24–17; 8:45 am] Health, Bethesda, MD 20892. Meeting Web page: The preliminary would constitute a clearly unwarranted BILLING CODE 4140–01–P invasion of personal privacy. agenda, registration, and other meeting materials are at http://ntp.niehs.nih.gov/ Name of Committee: National Advisory Dental and Craniofacial Research Council. go/iccvamforum-2017. Date: May 23, 2017. FOR FURTHER INFORMATION CONTACT: Dr. Open: 8:30 a.m. to 12:30 p.m. Warren Casey, Director, National

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Toxicology Program Interagency Center statements following presentations from niehs.nih.gov by May 12, 2017, to allow for the Evaluation of Alternative ICCVAM and NICEATM. The public time for review by NICEATM and Toxicological Methods (NICEATM); may attend the meeting at NIH, where ICCVAM and posting to the meeting email: [email protected]; telephone: attendance is limited only by the space page prior to the forum. Written (919) 316–4729. available, or view remotely by webcast. statements may supplement and expand SUPPLEMENTARY INFORMATION: Those planning to attend the meeting in the oral presentation. Public statements Background: ICCVAM, a person are encouraged to register at will be distributed to NICEATM and congressionally mandated committee, http://ntp.niehs.nih.gov/go/ ICCVAM members before the meeting. promotes the development and iccvamforum-2017 by May 12, 2017, to Registration for oral public statements validation of alternative testing facilitate planning for appropriate will be available onsite, although onsite strategies that protect human health and meeting space. Those planning to view registration and time allotted for these the environment while replacing, the webcast must register at http:// statements may be limited based on the reducing, or refining animal use. ntp.niehs.nih.gov/go/iccvamforum- number of individuals who register to ICCVAM’s goals include promotion of 2017; registration will be available make statements and available time. If national and international partnerships through May 23, 2017. The URL for the registering onsite and reading from between governmental and webcast will be provided in the email written text, please bring 20 copies of nongovernmental groups, including confirming registration. the statement for distribution and to academia, industry, advocacy groups, Visitor and security information for supplement the record. visitors to NIH is available at http:// Persons wishing to present oral public and other key stakeholders. To foster www.nih.gov/about/visitor/index.htm. statements are strongly encouraged to these partnerships ICCVAM initiated Individuals with disabilities who need present their comments in person to annual public forums in 2014 to share accommodation to participate in this facilitate effective interaction with information and facilitate direct event should contact Dr. Elizabeth ICCVAM members. However, there will communication of ideas and suggestions Maull at phone: (919) 316–4668 or also be the opportunity to present from stakeholders (79 FR 25136). email: [email protected]. TTY users public statements by teleconference This year’s meeting will be held on should contact the Federal TTY Relay line. Persons who are unable to attend May 23, 2017, at the National Institutes Service at 800–877–8339. Requests the meeting in person and wish to of Health (NIH) in Bethesda, MD. The should be made at least five business present oral public statements should meeting will include presentations by days in advance of the event. email [email protected] NICEATM and ICCVAM members on Request for Oral Public Statements: by May 12, 2017 to arrange to present current activities related to the Each presentation will be followed by statements via teleconference line. development and validation of an opportunity for participants to ask Responses to this notice are alternative test methods and questions of the presenter. Attendees voluntary. No proprietary, classified, approaches, including discussions of need not register in advance for the confidential, or sensitive information the proposed strategic roadmap to opportunity to ask questions or make should be included in statements establish new approaches for evaluating comments specific to presentations. submitted in response to this notice or the safety of chemicals and medical Instructions for submitting questions or presented during the meeting. This products in the United States. These comments will be provided to remote request for input is for planning new approaches are anticipated to participants prior to the webcast. purposes only and is not a solicitation increase confidence in alternative In addition to time for questions or for applications or an obligation on the methods and improve their relevance to comments following each scheduled part of the U.S. Government to provide human health outcomes while presentation, time will be allotted support for any ideas identified in maximizing efficiency and maintaining during the meeting for oral public response to the request. Please note that a commitment to replace, reduce, and statements with associated slides on the U.S. Government will not pay for refine animal use. topics relevant to ICCVAM’s mission the preparation of any information Following each presentation, there and topics under discussion including submitted or for its use of that will be an opportunity for participants the U.S. strategic roadmap. The number information. to ask questions of the ICCVAM and length of presentations may be Background Information on ICCVAM members. Instructions for submitting limited based on available time. and NICEATM: ICCVAM is an questions will be provided to remote Submitters will be identified by their interagency committee composed of participants prior to the webcast. The name and affiliation and/or sponsoring representatives from 16 federal agenda will also include time for organization, if applicable. Persons regulatory and research agencies that participants to make public oral submitting public statements and/or require, use, generate, or disseminate statements relevant to the ICCVAM associated slides should include their toxicological and safety testing mission and current activities. name, affiliation (if any), mailing information. ICCVAM conducts Preliminary Agenda and Other address, telephone, email, and technical evaluations of new, revised, Meeting Information: The preliminary sponsoring organization (if any) with and alternative safety testing methods agenda, list of discussion topics, the document. National Toxicology and integrated testing strategies with background materials, ICCVAM roster, Program guidelines for public regulatory applicability. ICCVAM also and public statements submitted prior statements are at http:// promotes the scientific validation and to the meeting will be posted by May 16 ntp.niehs.nih.gov/ntp/about_ntp/ regulatory acceptance of testing at http://ntp.niehs.nih.gov/go/ guidelines_public_comments_508.pdf. methods that more accurately assess the iccvamforum-2017. Interested Persons wishing to present oral public safety and hazards of chemicals and individuals are encouraged to visit this statements are encouraged to indicate products and replace, reduce, or refine Web page to stay abreast of the most on the registration form whether their animal use. current meeting information. comments will focus on ICCVAM The ICCVAM Authorization Act of Meeting and Registration: This agency activities or the U.S. strategic 2000 (42 U.S.C. 285l–3) establishes meeting is open to the public with time roadmap. They should also email their ICCVAM as a permanent interagency scheduled for questions and oral public statement to ICCVAMquestions@ committee of the NIEHS and provides

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the authority for ICCVAM involvement DEPARTMENT OF HEALTH AND development and evaluation under a in activities relevant to the development HUMAN SERVICES research collaboration. of alternative test methods. ICCVAM Potential Commercial Applications: acts to ensure that new and revised test National Institutes of Health New target for HIV therapeutic and methods are validated to meet the needs vaccine development. Government-Owned Inventions; of federal agencies, increase the Competitive Advantages: A new Availability for Licensing efficiency and effectiveness of federal molecular target discovered in this invention may facilitate the agency test method review, and AGENCY: National Institutes of Health, development of next-generation HIV optimize utilization of scientific HHS. expertise outside the federal therapeutics and vaccines. ACTION: Notice. Development Stage: Proof-of-concept Government. Additional information studies demonstrate that CD4 binding to about ICCVAM can be found at http:// SUMMARY: The inventions listed below CD4–BD2 is critical for triggering gp120 ntp.niehs.nih.gov/go/iccvam. are owned by an agency of the U.S. conformational changes that enable NICEATM administers ICCVAM, Government and are available for coreceptor binding and HIV–1 provides scientific and operational licensing to achieve expeditious infectivity. Animal studies are ongoing. support for ICCVAM-related activities, commercialization of results of Inventors: Paolo Lusso, NIAID, NIH; and conducts and publishes analyses federally-funded research and and Qingbo Liu, NIAID, NIH. and evaluations of data from new, development. Foreign patent Publications: Liu, Qingbo, et al. applications are filed on selected revised, and alternative testing ‘‘Quaternary contact in the initial inventions to extend market coverage approaches. NICEATM and ICCVAM interaction of CD4 with the HIV–1 for companies and may also be available envelope trimer.’’ Nature Structural & work collaboratively to evaluate new for licensing. and improved testing approaches Molecular Biology (2017). applicable to the needs of U.S. federal FOR FURTHER INFORMATION CONTACT: Intellectual Property: HHS Reference agencies. NICEATM and ICCVAM Chris Kornak, 240–627–3705, No. E–230–2015/0—U.S. Patent Application No. 62/292,750 filed 02/08/ welcome the public nomination of new, [email protected]. Licensing information and copies of the U.S. 2016; PCT Application No. PCT/ revised, and alternative testing patent applications listed below may be US2017/017038 filed 02/08/2017. approaches for validation studies and obtained by communicating with the Licensing Contact: Chris Kornak, 240– technical evaluations. Additional indicated licensing contact at the 627–3705, [email protected]. information about NICEATM can be Technology Transfer and Intellectual Collaborative Research Opportunity: found at http://ntp.niehs.nih.gov/go/ Property Office, National Institute of The Technology Transfer and niceatm. Allergy and Infectious Diseases, 5601 Intellectual Property Office (TTIPO) is Dated: April 13, 2017. Fishers Lane, Rockville, MD 20852; tel. seeking parties interested in John R. Bucher, 301–496–2644. A signed Confidential collaborative research to further co- develop HIV–1 vaccines and/or Associate Director, National Toxicology Disclosure Agreement will be required inhibitors that target the newly Program. to receive copies of unpublished patent applications. recognized region. For collaboration [FR Doc. 2017–08354 Filed 4–24–17; 8:45 am] opportunities, please contact Chris BILLING CODE 4140–01–P SUPPLEMENTARY INFORMATION: Technology description follows. Kornak, 240–627–3705, chris.kornak@ nih.gov. A Second CD4-Binding Region of Dated: April 10, 2017. DEPARTMENT OF HEALTH AND HIV–1 gp120 Critical for Viral Suzanne Frisbie, HUMAN SERVICES Infectivity: New Methods for Treatment and Vaccine Development Deputy Director, Technology Transfer and National Institutes of Health Intellectual Property Office, National Institute Description of Technology: It is of Allergy and Infectious Diseases. National Cancer Institute; Cancellation believed that immunization with an [FR Doc. 2017–08351 Filed 4–24–17; 8:45 am] of Meeting effective immunogen based on the HIV– BILLING CODE 4140–01–P 1 envelope glycoprotein can elicit a Notice is hereby given of the neutralizing antibody response, which cancellation of the National Cancer may be protective against HIV–1 DEPARTMENT OF HEALTH AND Institute Special Emphasis Panel, May infection. NIAID researchers have HUMAN SERVICES 1, 2017, 8:00 a.m. to May 2, 2017, 1:00 discovered a new critical component of National Institutes of Health p.m., Hyatt Regency Bethesda, One the CD4-binding site in gp120, named CD4–BS2, which is exclusively formed Bethesda Metro Center, 7400 Wisconsin National Institute on Aging; Notice of in the trimeric envelope conformation. Avenue, Bethesda, MD 20814 which Closed Meeting was published in the Federal Register It was further found that this newly on March 22, 2017, 82 FR 54. recognized region is critical for the Pursuant to section 10(d) of the progression of the fusogenic mechanism Federal Advisory Committee Act, as This meeting is being amended to that leads to HIV–1 entry and infection amended (5 U.S.C. App.), notice is cancel the meeting on May 1–2, 2017. of the cells. This discovery may lead to hereby given of the following meeting. Dated: April 20, 2017. new methods of treatment, for treating The meeting will be closed to the Melanie J. Pantoja, HIV–1, as well as to the production of public in accordance with the Program Analyst, Office of Federal Advisory new vaccine immunogens. provisions set forth in sections Committee Policy. This technology is available for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2017–08348 Filed 4–24–17; 8:45 am] licensing for commercial development as amended. The grant applications and in accordance with 35 U.S.C. 209 and 37 the discussions could disclose BILLING CODE 4140–01–P CFR part 404, as well as for further confidential trade secrets or commercial

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property such as patentable material, Scientific Review, National Institutes of FOR FURTHER INFORMATION CONTACT: and personal information concerning Health, 6701 Rockledge Drive, Room 3141, Peter Soukas, J.D., 301–594–8730; individuals associated with the grant Bethesda, MD 20892, 301–827–6480, weikts@ [email protected]. Licensing applications, the disclosure of which mail.nih.gov. information and copies of the patent would constitute a clearly unwarranted Name of Committee: Cell Biology applications listed below may be invasion of personal privacy. Integrated Review Group; Development—2 obtained by communicating with the Study Section. Name of Committee: National Institute on Date: May 25–26, 2017. indicated licensing contact at the Aging Special Emphasis Panel; AD Genetic Time: 8:00 a.m. to 3:00 p.m. Technology Transfer and Intellectual Variants in Human Cell Biology. Agenda: To review and evaluate grant Property Office, National Institute of Date: May 23, 2017. applications. Allergy and Infectious Diseases, 5601 Time: 12:01 p.m. to 5:00 p.m. Place: Hotel Nikko San Francisco, 222 Fishers Lane, Rockville, MD, 20852; tel. Agenda: To review and evaluate grant Mason Street, San Francisco, CA 94102. 301–496–2644. A signed Confidential applications. Contact Person: Rass M. Shayiq, Ph.D., Disclosure Agreement will be required Place: National Institute on Aging, Scientific Review Officer, Center for to receive copies of unpublished patent Gateway Building, Suite 2W200, 7201 Scientific Review, National Institutes of Wisconsin Avenue, Bethesda, MD 20892 Health, 6701 Rockledge Drive, Room 2182, applications. (Telephone Conference Call). MSC 7818, Bethesda, MD 20892, (301) 435– SUPPLEMENTARY INFORMATION: Contact Person: Maurizio Grimaldi, MD, 2359, [email protected]. Technology description follows. Ph.D., Scientific Review Officer, National Name of Committee: Center for Scientific Live Attenuated Zika Virus Vaccine Institute On Aging, National Institutes Of Review Special Emphasis Panel; PAR 16– Health, 7201 Wisconsin Avenue, Room 323: Small Research Grants for Establishing 2C218, Bethesda, MD 20892, 301–496–9374, Description of Technology Basic Sciences Clinical Collaboration to [email protected]. Understand Structural Birth Defects. This application claims live (Catalogue of Federal Domestic Assistance Date: May 26, 2017. attenuated Zika viruses and vaccines, Program Nos. 93.866, Aging Research, Time: 3:00 p.m. to 5:00 p.m. attenuated chimeric Zika viruses and National Institutes of Health, HHS) Agenda: To review and evaluate grant vaccines, and multivalent immunogenic Dated: April 20, 2017. applications. compositions comprising Zika vaccines Melanie J. Pantoja, Place: Hotel Nikko San Francisco, 222 and vaccines for other flaviviruses. The Mason Street, San Francisco, CA 94102. Program Analyst, Office of Federal Advisory chimeric Zika viruses claimed include a Contact Person: Rass M. Shayiq, Ph.D., first nucleotide sequence encoding at Committee Policy. Scientific Review Officer, Center for [FR Doc. 2017–08349 Filed 4–24–17; 8:45 am] Scientific Review, National Institutes of least one structural protein from a Zika BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 2182, virus (ZIKV), a second nucleotide MSC 7818, Bethesda, MD 20892, (301) 435– sequence encoding at least one 2359, [email protected]. nonstructural protein from a first DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance flavivirus, and a third nucleotide HUMAN SERVICES Program Nos. 93.306, Comparative Medicine; sequence of a 3’ untranslated region 93.333, Clinical Research, 93.306, 93.333, from a second flavivirus. The National Institutes of Health 93.337, 93.393–93.396, 93.837–93.844, multivalent immunogenic compositions 93.846–93.878, 93.892, 93.893, National claimed comprise an attenuated ZIKV Center for Scientific Review; Notice of Institutes of Health, HHS) vaccine or an attenuated chimeric ZIKV Closed Meetings Dated: April 19, 2017. vaccine (or their combination) together Pursuant to section 10(d) of the David Clary, with one or more of a first attenuated Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory virus that is immunogenic against amended (5 U.S.C. App.), notice is Committee Policy. dengue serotype 1, a second attenuated hereby given of the following meetings. [FR Doc. 2017–08293 Filed 4–24–17; 8:45 am] virus that is immunogenic against The meetings will be closed to the BILLING CODE 4140–01–P dengue serotype 2, a third attenuated public in accordance with the virus that is immunogenic against provisions set forth in sections dengue serotype 3, and a fourth 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND attenuated virus that is immunogenic as amended. The grant applications and HUMAN SERVICES against dengue serotype 4. The present the discussions could disclose disclosure also claims methods of confidential trade secrets or commercial National Institutes of Health inducing immune responses, as well as property such as patentable material, preventing ZIKV and another flavivirus, Government-Owned Inventions; and personal information concerning e.g., dengue virus. Availability for Licensing individuals associated with the grant Such a chimeric vaccine candidate applications, the disclosure of which AGENCY: National Institutes of Health, may induce a humoral (antibody) and T- would constitute a clearly unwarranted HHS. cell response to ZIKV, while the invasion of personal privacy. ACTION: Notice. nonstructural proteins of dengue virus Name of Committee: Center for Scientific will likely induce a T-cell response. The Review Special Emphasis Panel; PAR Panel: SUMMARY: The invention listed below is dengue platform also contains a deletion Linking Provider Recommendation to owned by an agency of the U.S. in the TL2 stem-loop structure of the 3’ Adolescent HPV Uptake. Government and is available for untranslated region (UTR), called D30 Date: May 16, 2017. licensing to achieve expeditious and D30/31 attenuating mutations. The Time: 12:00 p.m. to 4:00 p.m. commercialization of results of D30 deletion has proven to be one of the Agenda: To review and evaluate grant federally-funded research and defining characteristics of the successful applications. development. Foreign patent Place: National Institutes of Health, 6701 one dose dengue vaccine, which is Rockledge Drive, Bethesda, MD 20892 applications are filed on selected currently in a large scale (17,000 (Telephone Conference Call). inventions to extend market coverage patient) clinical trial in Brazil. Contact Person: Tasmeen Weik, DRPH, for companies and may also be available This technology is available for MPH, Scientific Review Officer, Center for for licensing. licensing for commercial development

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in accordance with 35 U.S.C. 209 and 37 sale on or about April 26, 2017 (MHLS have similar performance, property CFR part 404, as well as for further 2017–1 or Loan Sale). This notice also type, geographic location, lien position development and evaluation under a describes generally the bidding process and other characteristics. Qualified research collaboration. for the sale and certain persons who are bidders may submit bids on one or more ineligible to bid. pools of Mortgage Loans or may bid on Potential Commercial Applications DATES: A Bidder’s Information Package individual loans. • Diagnostics (BIP) was made available on or about The Qualification Statement describes • Vaccines March 29, 2017. Bids for the loans must the entities/individuals that may be qualified to bid on the Mortgage Loans Competitive Advantages be submitted on the bid date, which is currently scheduled for April 26, 2017 if they meet certain requirements as • One-dose vaccine between certain specified hours. HUD detailed in the Qualification Statement. • Ease of manufacture anticipates that an award or awards will Some entities/individuals must meet • Can be included in multivalent be made on or before May 1, 2017. additional requirements in order to be flavivirus vaccines Closing is expected to take place qualified to bid, including but not limited to: Development Stage between May 4 and May 8, 2017. Any mortgagee/servicer who ADDRESSES: To become a qualified • In vivo data available (animal) bidder and receive the BIP, prospective originated one or more of the Mortgage Inventors: S. Whitehead (NIAID), S. bidders must complete, execute, and Loans; a mortgagor or an operator, with Woodson (NIAID), A. Pletnev (NIAID), submit a Confidentiality Agreement and respect to any HUD insured or subsidized mortgage loan (excluding the K. Tsetsarkin (NIAID), A. Durbin (Johns a Qualification Statement acceptable to Mortgage Loans being offered in the Hopkins University) HUD. Both documents will be available Loan Sale) who is currently in default, Intellectual Property: HHS Reference on the HUD Web site at www.hud.gov/ violation, or noncompliance with one or No. E–118–2016/0, U.S. Provisional fhaloansales. Please fax or email as well more of HUD’s requirements or business Patent Application Number 62/307,170, as mail executed original documents to agreements; a limited partner, filed March 11, 2016, PCT Patent JS Watkins Realty Partners, LLC: Application TBA filed March 11, 2017. JS Watkins Realty Partners, LLC, c/o nonmanaging member, investor and/or Licensing Contact: Peter Soukas, J.D., The Debt Exchange, 33 Federal Street, shareholder who owns a 1% or less interest in one or more of the Mortgage 301–594–8730; [email protected]. 10th Floor, Boston, MA 02111, Loans, or in the project securing one or Collaborative Research Opportunity: Attention: MHLS 2017–1 Sale more of the Mortgage Loans; and any of The National Institute of Allergy and Coordinator, Fax: 1–978–967–8607, the aforementioned entities’/ Infectious Diseases is seeking statements Email: [email protected]. individuals’ principals, affiliates, family of capability or interest from parties FOR FURTHER INFORMATION CONTACT: John interested in collaborative research to members, and assigns. Lucey, Director, Asset Sales Office, Interested entities/individuals who further develop, evaluate or Room 3136, U.S. Department of Housing commercialize norovirus diagnostics or fall into one of these categories should and Urban Development, 451 Seventh review the Qualification Statement to vaccines. For collaboration Street SW., Washington, DC 20410– opportunities, please contact Peter determine whether they may be eligible 8000; telephone 202–402–3927. to qualify to submit a bid on the Soukas, J.D., 301–594–8730; Hearing- or speech-impaired individuals [email protected]. Mortgage Loans. Other entities/ may call 202–708–4594 (TTY). These individuals not described herein may Dated: April 12, 2017. are not toll-free numbers. also be restricted from bidding on the Suzanne Frisbie, SUPPLEMENTARY INFORMATION: HUD Mortgage Loans, as fully detailed in the Deputy Director, Technology Transfer and announces its intention to sell, in MHLS Qualification Statement. Intellectual Property Office, National Institute 2017–1, ten (10) unsubsidized mortgage of Allergy and Infectious Diseases. loans (Mortgage Loans) consisting of The Bidding Process [FR Doc. 2017–08350 Filed 4–24–17; 8:45 am] seven first lien healthcare notes and one The BIP describes in detail the BILLING CODE 4140–01–P associated 2nd lien healthcare note procedure for bidding in MHLS 2017–1. secured by six assisted living facilities The BIP also includes a standardized located in various locations within the non-negotiable loan sale agreement DEPARTMENT OF HOUSING AND U.S. mainland and one assisted living (Loan Sale Agreement). URBAN DEVELOPMENT facility in St. Thomas, U.S. Virgin As part of its bid, each bidder must Islands. Additionally, HUD intends to submit a minimum deposit of the [Docket No. FR–6034–N–01] sell in MHLS 2017–1 two first lien greater of One Hundred Thousand Notice of HUD-Held Multifamily and multifamily notes secured by two Dollars ($100,000) or ten percent (10%) Healthcare Loan Sale (MHLS 2017–1) multifamily properties located in of the aggregate bid prices for all of such Fayetteville, North Carolina and Bidder’s bids. In the event the Bidder’s AGENCY: Office of the Assistant Willimantic, Connecticut. The Mortgage aggregate bid is less than One Hundred Secretary for Housing—Federal Housing Loans are non-performing mortgage Thousand Dollars ($100,000), the Commissioner, HUD. loans. The listing of the Mortgage Loans minimum deposit shall be not less than ACTION: Notice of sale of two is included in the BIP. The Mortgage fifty percent (50%) of the Bidder’s multifamily and eight healthcare Loans will be sold without FHA aggregate bid. HUD will evaluate the mortgage loans. insurance and with HUD servicing bids submitted and determine the released. HUD will offer qualified successful bid(s) in its sole and absolute SUMMARY: This notice announces HUD’s bidders an opportunity to bid discretion. If a bidder is successful, the intention to sell two unsubsidized competitively on the Mortgage Loans. bidder’s deposit will be non-refundable multifamily and eight unsubsidized The Mortgage Loans will be stratified and will be applied toward the purchase healthcare mortgage loans, without for bidding purposes into several price, with any amount beyond the Federal Housing Administration (FHA) mortgage loan pools. Each pool will purchase price being returned to the insurance, in a competitive, sealed bid contain Mortgage Loans that generally bidder. Deposits will be returned to

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unsuccessful bidders after notifiction to an Active Shareholder (as such term is with respect to the Mortgage Loan on sucessful bidders on or before May 1, defined in the Qualification Statement); behalf of HUD; and/or 2017. Closings are expected to take 2. Any individual or entity, and any 11. Any employee, officer, director or place between May 4, 2017 and May 8, Related Party (as such term is defined in any other person that provides or will 2017. the Qualification Statement) of such provide services to the prospective These are the essential terms of sale. individual or entity, that is a mortgagor bidder with respect to the Mortgage The Loan Sale Agreement, which is or operator with respect to any of HUD’s Loans during any warranty period included in the BIP, contains additional multifamily and/or healthcare programs established for the Loan Sale, that terms and details. To ensure a (excluding the Mortgage Loans being competitive bidding process, the terms offered in the Loan Sale) and that has serviced the Mortgage Loans or of the bidding process and the Loan Sale failed to file financial statements or is performed other services for or on Agreement are not subject to otherwise in default under such behalf of HUD or within the two-year negotiation. mortgage loan or is in violation or period prior to April 1, 2017, provided services to any person or entity which Due Diligence Review noncompliance of any regulatory or business agreements with HUD and fails serviced, performed services or The BIP describes the due diligence to cure such default or violation by no otherwise had access to information process for reviewing loan files in later than April 12, 2017; with respect to any Mortgage Loan for MHLS 2017–1. Qualified bidders will be 3. Any individual or entity that is or on behalf of HUD. able to access loan information remotely debarred, suspended, or excluded from Other entities/individuals not via a high-speed Internet connection. doing business with HUD pursuant to described herein may also be restricted Further information on performing due Title 2 of the Code of Federal from bidding on the Mortgage Loans, as diligence review of the Mortgage Loans Regulations, Part 2424; is provided in the BIP. fully detailed in the Qualification 4. Any contractor, subcontractor and/ Statement. Mortgage Loan Sale Policy or consultant or advisor (including any agent, employee, partner, director, The Qualification Statement provides HUD reserves the right to add principal or affiliate of any of the further details pertaining to eligibility Mortgage Loans to or delete Mortgage foregoing) who performed services for, requirements. Prospective bidders Loans from MHLS 2017–1 at any time or on behalf of, HUD in connection with should carefully review the prior to the Award Date. HUD also MHLS 2017–1; Qualification Statement to determine reserves the right to reject any and all 5. Any employee of HUD, a member whether they are eligible to submit bids bids, in whole or in part, without of such employee’s family, or an entity on the Mortgage Loans in MHLS 2017– prejudice to HUD’s right to include the owned or controlled by any such 1. Mortgage Loans in a later sale. The employee or member of such an Mortgage Loans will not be withdrawn Freedom of Information Act Requests employee’s family; after the award date except as is 6. Any individual or entity that uses specifically provided for in the Loan HUD reserves the right, in its sole and the services, directly or indirectly, of Sale Agreement. absolute discretion, to disclose This is a sale of unsubsidized any person or entity ineligible under information regarding MHLS 2017–1, mortgage loans, pursuant to Section provisions (3) through (5) above to assist including, but not limited to, the 204(a) of the Departments of Veterans in preparing its bid on any Mortgage identity of any successful bidder and its Affairs and Housing and Urban Loan; bid price or bid percentage for the Development, and Independent 7. An FHA-approved mortgagee, Mortgage Loans, upon the closing of the Agencies Appropriations Act of 1997 including any principals, affiliates, or sale of the Mortgage Loans. Even if HUD assigns thereof, that has received FHA (12 U.S.C. 1715z–11a(a)). elects not to publicly disclose any insurance benefits for one or more of the information relating to MHLS 2017–1, Mortgage Loan Sale Procedure Mortgage Loans being offered in the Loan Sale; HUD will have the right to disclose any HUD selected a competitive sale as information that HUD is obligated to the method to sell the Mortgage Loan. 8. An FHA-approved mortgagee and/ or loan servicer, including any disclose pursuant to the Freedom of This method of sale optimizes HUD’s Information Act and all regulations return on the sale of these Mortgage principals, affiliates, or assigns thereof, promulgated thereunder. Loans, affords the greatest opportunity that originated one or more of the for all qualified bidders to bid on the Mortgage Loans being offered in the Scope of Notice Mortgage Loans, and provides the most Loan Sale if the Mortgage Loan efficient vehicle for HUD to dispose of defaulted within two years of This notice applies to MHLS 2017–1 the Mortgage Loans. origination and resulted in the payment and does not establish HUD’s policy for of an FHA insurance claim; the sale of other mortgage loans. Bidder Eligibility 9. Any affiliate, principal or employee Dated: April 19, 2017. In order to bid in the sale, a of any person or entity that, within the prospective bidder must complete, two-year period prior to April 1, 2017, Genger Charles, execute and submit both a serviced any Mortgage Loan or General Deputy Assistant Secretary for Confidentiality Agreement and a performed other services for or on Housing. Qualification Statement acceptable to behalf of HUD; [FR Doc. 2017–08411 Filed 4–21–17; 11:15 am] HUD. The following individuals and 10. Any contractor or subcontractor to BILLING CODE 4210–67–P entities are among those ineligible to bid HUD that otherwise had access to on the Mortgage Loans being sold in information concerning any Mortgage MHLS 2017–1: Loan on behalf of HUD or provided 1. A mortgagor or operator with services to any person or entity which, respect to one or more of the Mortgage within the two-year period prior to Loans being offered in the Loan Sale, or April 1, 2017, had access to information

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DEPARTMENT OF HOUSING AND Registration committee.aspx?cid=2492&aid=77 by URBAN DEVELOPMENT The public is invited to attend this clicking on the ‘‘Committee Meetings’’ one-day meeting in-person or by phone. link. [Docket No. FR–5858–N–06] Advance registration is required to Dated: April 12, 2017. Genger Charles, Announcement of the Housing participate. To register to attend, please Counseling Federal Advisory visit the following link: https:// General Deputy Assistant, Secretary for Housing. Committee Notice of Public Meeting pavr.wufoo.com/forms/hcfac-meeting- registration-51517/. [FR Doc. 2017–08331 Filed 4–24–17; 8:45 am] AGENCY: Office of the Assistant After completing the pre-registration BILLING CODE 4210–67–P Secretary for Housing—Federal Housing process at the above link, in-person Commissioner, Department of Housing attendees will receive details about the and Urban Development (HUD). meeting location and how to access the DEPARTMENT OF THE INTERIOR ACTION: Notice of Housing Counseling building. The meeting is also open to Federal Advisory Committee (HCFAC) the public with limited phone lines Fish and Wildlife Service public meeting. available on a first-come, first-served [FWS–R8–ES–2017–N036; basis. Phone attendees can call-in to the FXES11130800000–178–FF08EVEN00] SUMMARY: This gives notice of a Housing one-day meeting by using the following Counseling Federal Advisory Committee number in the United States: (800) 230– Receipt of Application for Incidental (HCFAC) meeting and sets forth the 1074 (toll-free number). An operator Take Permit; Low-Effect Habitat proposed agenda. The Committee will ask callers to provide their names Conservation Plan for the Phillips 66 meeting will be held on Monday, May and their organizational affiliations (if Cal Coast Pipeline Replacement 15, 2017. The meeting is open to the applicable) prior to placing callers into Project, Santa Barbara County, public and is accessible to individuals the conference line to ensure they are California with disabilities. part of the pre-registration list. Callers AGENCY: Fish and Wildlife Service, can expect to incur charges for calls DATES: The in-person meeting will be Interior. held on Monday, May 15, 2017 from they initiate over wireless lines and HUD will not refund any incurred ACTION: Notice of receipt of permit 8:30 a.m. to 5:30 p.m. Eastern Daylight application; request for comments. Time (EDT) at Constitution Center, charges. Callers will incur no charge for Federal Housing Finance Agency, 400 calls they initiate over land-line SUMMARY: We, the U.S. Fish and Seventh Street SW., Washington, DC connections to the toll-free phone Wildlife Service, have received an 20024 and via conference phone. number. Persons with hearing application from Phillips 66 Pipeline FOR FURTHER INFORMATION CONTACT: impairments may also follow the LLC, for an incidental take permit under Marjorie George, Housing Program discussion by first calling the Federal the Endangered Species Act of 1973, as Technical Specialist, Office of Housing Relay Service (FRS): (800) 977–8339 amended. The permit would authorize Counseling, U.S. Department of Housing (toll-free number) and providing the take of the federally endangered and Urban Development, 200 Jefferson FRS operator with the conference call California tiger salamander (Santa Avenue, Suite 300, Memphis, TN 38103; number: (800) 230–1074. Barbara distinct population segment) telephone number (901) 544–4228 (this Comments and the threatened California red-legged is not a toll-free number). Persons who frog, incidental to otherwise lawful With advance registration, members have difficulty hearing or speaking may activities associated with the Cal Coast of the public will have an opportunity access this number via TTY by calling Pipeline Replacement Project Habitat to provide oral and written comments the toll-free Federal Relay Service at Conservation Plan. We invite public relative to the four agenda topics for the (800) 877–8339 (toll-free number). comment. Committee’s consideration. To provide Individuals may also email DATES: Written comments should be oral comments, please be sure to [email protected]. received on or before May 25, 2017. indicate this on the registration link. SUPPLEMENTARY INFORMATION: HUD is The total amount of time for oral ADDRESSES: You may download a copy convening the meeting of the HCFAC on comments will be 15 minutes with each of the draft habitat conservation plan Monday, May 15, 2017 from 8:30 a.m. commenter limited to two minutes to and draft low-effect screening form and to 5:30 p.m. EDT. The meeting will be ensure pertinent Committee business is environmental action statement on the held at Constitution Center, Federal completed. Written comments must be internet at http://www.fws.gov/ventura/, Housing Finance Agency, 400 Seventh provided no later than May 5, 2017 to or you may request copies of the Street SW., Washington, DC 20024 and [email protected]. Please documents by U.S. mail to our Ventura via conference phone. This meeting note, written statements submitted will office, or by phone (see FOR FURTHER notice is provided in accordance with not be read during the meeting. The INFORMATION CONTACT). Please address the Federal Advisory Committee Act, 5 Committee will not respond to written comments to Stephen P. Henry, U.S.C. App. 10(a)(2). individual written or oral statements; Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Draft Agenda—Housing Counseling but, will take all public comments into Service, 2493 Portola Road, Suite B, Federal Advisory Committee Meeting— account in its deliberations. Ventura, CA 93003. You may May 15, 2017 Meeting Records alternatively send comments by I. Welcome Records and documents discussed facsimile to (805) 644–3958. II. Panel Discussions—Expanding Access to during the meeting, as well as other FOR FURTHER INFORMATION CONTACT: and Sustainability of HUD Housing Rachel Henry, Fish and Wildlife Counseling information about the work of this III. Public Comment Committee, will be available for public Biologist, at the above address or by IV. HCFAC Discussion viewing as they become available at: calling (805) 644–1766. V. Next Steps http://www.facadatabase.gov/ SUPPLEMENTARY INFORMATION: We, the VI. Adjourn committee/ U.S. Fish and Wildlife Service (Service),

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have received an application from construction of the new Cal Coast 1151 Blue Mountain Road, Challis, Phillips 66 Pipeline, LLC (applicant), for Pipeline in suitable habitat for the Idaho 83226 to street address 721 East an incidental take permit under the covered species. Main Avenue, Suite 8, Challis, Idaho Endangered Species Act of 1973, as 83226 and mailing address P.O. Box Our Preliminary Determination amended (16 U.S.C. 1531 et seq.; Act). 817, Challis, Idaho 83226. The applicant has agreed to follow all of The Service has made a preliminary DATES: The date for the change will be the conditions in the habitat determination that issuance of the on or about May 1, 2017. conservation plan for the project. The permit is neither a major Federal action ADDRESSES: The new street address of that will significantly affect the quality permit would authorize take of the the BLM Challis Field Office will be 721 of the human environment within the Santa Barbara distinct population East Main Avenue, Suite 8, Challis, meaning of section 102(2)(C) of the segment of the federally endangered Idaho 83226. The office’s new mailing National Environmental Policy Act (42 California tiger salamander (Ambystoma address will be P.O. Box 817, Challis, californiense), as well as the threatened U.S.C. 4321 et seq.; NEPA), nor will it Idaho 83226. California red-legged frog (Rana individually or cumulatively have more draytonii), incidental to otherwise than a negligible effect on the species FOR FURTHER INFORMATION CONTACT: lawful activities associated with the Cal covered in the HCP. Therefore, the Richard Alvarez, Lead Property Coast Pipeline Replacement Project permit qualifies for a categorical Management Specialist, BLM Idaho Habitat Conservation Plan (HCP). We exclusion under NEPA. State Office, (208) 373–3916, ralvarez@ invite public comment on the blm.gov. Persons who use a Public Comments application, the draft habitat telecommunications device for the deaf conservation plan, draft low-effect If you wish to comment on the permit (TDD) may call the Federal Relay screening form, and environmental application, plan, and associated Service (FRS) at 1–800–877–8339 to action statement. documents, you may submit comments leave a message or question for Mr. by any one of the methods in Alvarez. The FRS is available 24 hours Background ADDRESSES. a day, seven days a week. You will The Santa Barbara distinct population receive a reply during normal business segment of the California tiger Public Availability of Comments hours. salamander was listed by the Service as Before including your address, phone Authority: Department of the Interior endangered on January 19, 2000 (65 FR number, email address, or other Departmental Manual Part 382, Chapter 2.1. 3096). The California red-legged frog personal identifying information in your was listed by the Service as threatened comment, you should be aware that Timothy M. Murphy, on May 23, 1996 (61 FR 25813). Section your entire comment, including your BLM Idaho State Director. 9 of the Act (16 U.S.C. 1531 et seq.) and personal identifying information, may [FR Doc. 2017–08329 Filed 4–24–17; 8:45 am] its implementing regulations prohibit be made publicly available at any time. BILLING CODE 4310–GG–P the ‘‘take’’ of fish or wildlife species While you can ask us in your comment listed as endangered or threatened. to withhold your personal identifying ‘‘Take’’ is defined under the Act to information from public view, we INTERNATIONAL TRADE include the following activities: ‘‘[T]o cannot guarantee that we will be able to COMMISSION harass, harm, pursue, hunt, shoot, do so. wound, kill, trap, capture, or collect, or [Investigation Nos. 701–TA–576–577 and 731–TA–1362–1367 (Preliminary)] to attempt to engage in any such Authority conduct’’ (16 U.S.C. 1532); however, We provide this notice under section Cold-Drawn Mechanical Tubing From under section 10(a)(1)(B) of the Act, we 10 of the Act (16 U.S.C. 1531 et seq.) China, Germany, India, Italy, Korea, may issue permits to authorize and NEPA regulations (40 CFR 1506.6). and Switzerland; Institution of incidental take of listed species. Dated: April 18, 2017. Antidumping and Countervailing Duty ‘‘Incidental take’’ is defined by the Act Stephen P. Henry, Investigations and Scheduling of as take that is incidental to, and not the Preliminary Phase Investigations purpose of, carrying out of an otherwise Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. lawful activity. Regulations governing AGENCY: United States International incidental take permits for threatened [FR Doc. 2017–08313 Filed 4–24–17; 8:45 am] Trade Commission. BILLING CODE 4310–55–P and endangered species are in the Code ACTION: Notice. of Federal Regulations at 50 CFR 17.32 and 17.22, respectively. Under the Act, SUMMARY: The Commission hereby gives DEPARTMENT OF THE INTERIOR protections for federally listed plants notice of the institution of investigations differ from the protections afforded to Bureau of Land Management and commencement of preliminary federally listed animals. Issuance of an phase antidumping and countervailing incidental take permit also must not [LLID910000.L18300000. duty investigation Nos. 701–TA–576– jeopardize the existence of federally XG0000.LXSSD0570000.4500104697] 577 and 731–TA–1362–1367 listed fish, wildlife, or plant species. All (Preliminary) pursuant to the Tariff Act Notice of Mailing/Street Address species included in the incidental take of 1930 (‘‘the Act’’) to determine Change for the BLM-Challis Field permit would receive assurances under whether there is a reasonable indication Office, Idaho our ‘‘No Surprises’’ regulations (50 CFR that an industry in the United States is 17.22(b)(5) and 17.32(b)(5)). AGENCY: Bureau of Land Management, materially injured or threatened with The applicants have applied for a Interior. material injury, or the establishment of permit for incidental take of the ACTION: Notice. an industry in the United States is California tiger salamander and materially retarded, by reason of California red-legged frog. The potential SUMMARY: The mailing/street address for imports of cold-drawn mechanical taking would occur as a result of the Bureau of Land Management (BLM) tubing from China, Germany, India, activities associated with the Challis Field Office will change from Italy, Korea, and Switzerland, provided

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for in subheadings 7304.31.30, days after publication of this notice in also conform with the requirements of 7304.31.60, 7304.51.10, 7304.51.50, the Federal Register. Industrial users sections 201.6, 207.3, and 207.7 of the 7306.30.50, and 7306.50.50 of the and (if the merchandise under Commission’s rules. The Commission’s Harmonized Tariff Schedule of the investigation is sold at the retail level) Handbook on E-Filing, available on the United States, that are alleged to be sold representative consumer organizations Commission’s Web site at https:// in the United States at less than fair have the right to appear as parties in www.usitc.gov/secretary/documents/ value and alleged to be subsidized by Commission antidumping duty and handbook_on_filing_procedures.pdf, the Governments of China and India. countervailing duty investigations. The elaborates upon the Commission’s rules Unless the Department of Commerce Secretary will prepare a public service with respect to electronic filing. extends the time for initiation, the list containing the names and addresses Commission must reach a preliminary of all persons, or their representatives, In accordance with sections 201.16(c) determination in antidumping and who are parties to these investigations and 207.3 of the rules, each document countervailing duty investigations in 45 upon the expiration of the period for filed by a party to the investigations days, or in this case by June 5, 2017. filing entries of appearance. must be served on all other parties to The Commission’s views must be Limited disclosure of business the investigations (as identified by transmitted to Commerce within five proprietary information (BPI) under an either the public or BPI service list), and business days thereafter, or by June 12, administrative protective order (APO) a certificate of service must be timely 2017. and BPI service list.—Pursuant to filed. The Secretary will not accept a DATES: Effective April 19, 2017. section 207.7(a) of the Commission’s document for filing without a certificate rules, the Secretary will make BPI FOR FURTHER INFORMATION CONTACT: of service. gathered in these investigations Keysha Martinez (202–205–2136), Office available to authorized applicants Certification.—Pursuant to section of Investigations, U.S. International representing interested parties (as 207.3 of the Commission’s rules, any Trade Commission, 500 E Street SW., defined in 19 U.S.C. 1677(9)) who are person submitting information to the Washington, DC 20436. Hearing- parties to the investigations under the Commission in connection with these impaired persons can obtain APO issued in the investigations, investigations must certify that the information on this matter by contacting provided that the application is made information is accurate and complete to the Commission’s TDD terminal on 202– not later than seven days after the the best of the submitter’s knowledge. In 205–1810. Persons with mobility publication of this notice in the Federal making the certification, the submitter impairments who will need special Register. A separate service list will be will acknowledge that any information assistance in gaining access to the maintained by the Secretary for those that it submits to the Commission Commission should contact the Office parties authorized to receive BPI under during these investigations may be of the Secretary at 202–205–2000. the APO. disclosed to and used: (i) By the General information concerning the Conference.—The Commission’s Commission, its employees and Offices, Commission may also be obtained by Director of Investigations has scheduled and contract personnel (a) for accessing its internet server (https:// a conference in connection with these www.usitc.gov). The public record for developing or maintaining the records investigations for 9:30 a.m. on of these or related investigations or this investigation may be viewed on the Wednesday, May 10, 2017, at the U.S. reviews, or (b) in internal investigations, Commission’s electronic docket (EDIS) International Trade Commission audits, reviews, and evaluations relating at https://edis.usitc.gov. Building, 500 E Street SW., Washington, SUPPLEMENTARY INFORMATION: DC. Requests to appear at the conference to the programs, personnel, and Background.—These investigations should be emailed to William.bishop@ operations of the Commission including are being instituted, pursuant to usitc.gov and [email protected] under 5 U.S.C. Appendix 3; or (ii) by sections 703(a) and 733(a) of the Tariff (DO NOT FILE ON EDIS) on or before U.S. government employees and Act of 1930 (19 U.S.C. 1671b(a) and May 8, 2017. Parties in support of the contract personnel, solely for 1673b(a)), in response to a petition filed imposition of countervailing and cybersecurity purposes. All contract on April 19, 2017, by ArcelorMittal antidumping duties in these personnel will sign appropriate Tubular Products, Shelby, Ohio; investigations and parties in opposition nondisclosure agreements. Michigan Seamless Tube, LLC, South to the imposition of such duties will Authority: These investigations are Lyon, Michigan; PTC Alliance Corp., each be collectively allocated one hour being conducted under authority of title Wexford, Pennsylvania; Webco within which to make an oral VII of the Tariff Act of 1930; this notice Industries, Inc., Sand Springs, presentation at the conference. A is published pursuant to section 207.12 Oklahoma; and Zekelman Industries, nonparty who has testimony that may of the Commission’s rules. Inc., Farrell, Pennsylvania. aid the Commission’s deliberations may For further information concerning request permission to present a short By order of the Commission. the conduct of these investigations and statement at the conference. Issued: April 20, 2017. rules of general application, consult the Written submissions.—As provided in Lisa R. Barton, Commission’s Rules of Practice and sections 201.8 and 207.15 of the Secretary to the Commission. Procedure, part 201, subparts A and B Commission’s rules, any person may (19 CFR part 201), and part 207, submit to the Commission on or before [FR Doc. 2017–08361 Filed 4–24–17; 8:45 am] subparts A and B (19 CFR part 207). May 15, 2017, a written brief containing BILLING CODE 7020–02–P Participation in the investigations and information and arguments pertinent to public service list.—Persons (other than the subject matter of the investigations. petitioners) wishing to participate in the Parties may file written testimony in investigations as parties must file an connection with their presentation at entry of appearance with the Secretary the conference. All written submissions to the Commission, as provided in must conform with the provisions of sections 201.11 and 207.10 of the section 201.8 of the Commission’s rules; Commission’s rules, not later than seven any submissions that contain BPI must

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INTERNATIONAL TRADE Washington, DC 20503, Attention: (3) The information collected through COMMISSION Wendy Liberante, Desk Officer for U.S. questionnaires issued under the generic International Trade Commission. Copies clearance for import injury Submission for OMB Review; of any comments should be provided to investigations is consolidated by Comment Request; Agency Proposal Jeremy Wise (U.S. International Trade Commission staff and forms much of the for the Collection of Information Commission, 500 E Street SW., statistical base for the Commission’s Submitted to the Office of Management Washington, DC 20436). determinations. Affirmative and Budget (OMB) for Review; FOR FURTHER INFORMATION CONTACT: Commission determinations in Comment Request Copies of the proposed collection of antidumping and countervailing duty information and supporting AGENCY: United States International investigations result in the imposition of documentation may be obtained from Trade Commission. duties on imports entering the United Nathanael Comly (USITC, ACTION: Notice. States, determined by the Department of [email protected]; 202–205– Commerce, which are in addition to any 3174). Hearing-impaired persons can SUMMARY: In accordance with the normal customs duties. If the obtain information on this matter by provisions of the Paperwork Reduction Commission makes an affirmative contacting the Commission’s TDD Act of 1995, the Commission has determination in a five-year review, the terminal on 202–205–1810. Persons submitted a proposal for the collection existing antidumping or countervailing with mobility impairments who will of information to OMB for approval. The need special assistance in gaining access duty order remains in place. The data proposed information collection is a 3- to the Commission should contact the developed in escape-clause, market year extension of the current ‘‘generic Office of the Secretary at 202–205–2000. disruption, and interference-with- clearance’’ (approved by the Office of General information concerning the USDA-program investigations (if the Management and Budget under control Commission may also be obtained by Commission finds affirmatively) are No. 3117–0016) under which the accessing its internet server (http:// used by the President/U.S. Trade Commission can issue information www.usitc.gov). Representative to determine the type of collections (specifically, producer, relief, if any, to be provided to domestic SUPPLEMENTARY INFORMATION: importer, purchaser, and foreign industries. producer questionnaires and certain (1) The proposed information institution notices) for the following collection consists of five forms, namely The submissions made to the types of import injury investigations: the Sample Producers’, Sample Commission of the administrative Antidumping, countervailing duty, Importers’, Sample Purchasers’, and protective order application form forms escape clause, market disruption, Sample Foreign Producers’ the basis for which parties are granted NAFTA safeguard, and ‘‘interference questionnaires (separate forms are disclosure of business proprietary with programs of the USDA.’’ Any provided for questionnaires issued for information. The submissions made to comments submitted to OMB on the the five-year reviews), Sample the Commission in response to the proposed information collection should Administrative Protective Order notices of institution of five-year be specific, indicating which part of the Application Form and Sample Notice of reviews form the basis for the questionnaires or study plan are Institution for Five-Year Reviews. Commission’s determination as to (2) The types of items contained objectionable, describing the issue in whether a full or expedited review within the sample questionnaires, detail, and including specific revisions should be conducted. administrative protective order or language changes. application, and institution notice are (4) Likely respondents consist of DATES: To be assured of consideration, largely determined by statute. Actual businesses (including foreign comments should be submitted to OMB questions formulated for use in a businesses) or farms that produce, by May 25, 2017. specific investigation depend upon such import, or purchase products under ADDRESSES: Comments about the factors as the nature of the industry, the investigation. Estimated total annual proposal should be directed to the relevant issues, the ability of reporting burden for the period July Office of Information and Regulatory respondents to supply the data, and the 2017–June 2020 that will result from the Affairs, Office of Management and availability of data from secondary collection of information is presented Budget, New Executive Office Building, sources. below.

TABLE 1—PROJECTED ANNUAL BURDEN DATA, BY TYPE OF INFORMATION COLLECTION, JULY 2017–JUNE 2020

Producer Importer Purchaser Foreign Institution Item producer notices for Other 1 Total questionnaires questionnaires questionnaires questionnaires 5-year reviews

Number of respondents ...... 750 2,000 1,600 1,400 183 856 6,789 Frequency of response ...... 1 1 1 1 1 1 1 Total annual responses ...... 750 2,000 1,600 1,400 183 856 6,789 Hours per response ...... 52 41 23 22 10 3 28.4

Total hours...... 39,000 82,000 36,800 30,800 1,830 2,568 192,998 1 e.g. Administrative Protective Order forms and questionnaires to purchasers in the adequacy phase of a review investigation.

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No record keeping burden is known to terminal on (202) 205–1810. Persons Ivoclar Vivadent AG, Benderestrasse 2, result from the proposed collection of with mobility impairments who will FL–9494, Schaan, Liechtenstein information. need special assistance in gaining access Ivoclar Vivadent, Inc., 175 Pineview By order of the Commission. to the Commission should contact the Drive, Amherst, NY 14228 Dated: April 19, 2017. Office of the Secretary at (202) 205– Ardent, Inc., 175 Pineview Dr., 2000. General information concerning Lisa R. Barton, Amherst, NY14228 the Commission may also be obtained Secretary to the Commission. by accessing its internet server at (b) The respondents are the following [FR Doc. 2017–08258 Filed 4–24–17; 8:45 am] https://www.usitc.gov. The public entities alleged to be in violation of BILLING CODE 7020–02–P record for this investigation may be section 337, and are the parties upon viewed on the Commission’s electronic which the complaint is to be served: docket (EDIS) at https://edis.usitc.gov. GC Corporation, 3–2–14 Hongo, INTERNATIONAL TRADE Bunkyo-ku, Tokyo 113–0033 Japan COMMISSION FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, GC America, Inc., 3737 W. 127th Street, [Investigation No. 337–TA–1050] U.S. International Trade Commission, Alsip, IL 60803 telephone (202) 205–2560. Certain Dental Ceramics, Products (c) The Office of Unfair Import Thereof, and Methods of Making the SUPPLEMENTARY INFORMATION: Investigations, U.S. International Trade Same Institution of Investigation Authority: The authority for Commission, 500 E Street SW., Suite institution of this investigation is 401, Washington, DC 20436; and AGENCY: U.S. International Trade contained in section 337 of the Tariff (4) For the investigation so instituted, Commission. Act of 1930, as amended, 19 U.S.C. 1337 the Chief Administrative Law Judge, ACTION: Notice. and in section 210.10 of the U.S. International Trade Commission, Commission’s Rules of Practice and SUMMARY: Notice is hereby given that a shall designate the presiding Procedure, 19 CFR 210.10 (2017). complaint was filed with the U.S. Administrative Law Judge. International Trade Commission on Scope of Investigation: Having The Office of Unfair Import March 17, 2017, under section 337 of considered the complaint, the U.S. Investigations will not participate as a the Tariff Act of 1930, as amended, on International Trade Commission, on party in this investigation. behalf of Ivoclar Vivadent AG of April 18, 2017, Ordered That— Responses to the complaint and the Schaan, Liechtenstein; Ivoclar Vivadent, (1) Pursuant to subsection (b) of notice of investigation must be Inc. of Amherst, New York; and Ardent, section 337 of the Tariff Act of 1930, as submitted by the named respondents in Inc. of Amherst, New York. A amended, an investigation be instituted accordance with section 210.13 of the supplement to the complaint was filed to determine whether there is a Commission’s Rules of Practice and on April 3, 2017. The complaint, as violation of subsection (a)(1)(B) of Procedure, 19 CFR 210.13. Pursuant to supplemented, alleges violations of section 337 in the importation into the 19 CFR 201.16(e) and 210.13(a), such section 337 based upon the importation United States, the sale for importation, responses will be considered by the into the United States, the sale for or the sale within the United States after Commission if received not later than 20 importation, and the sale within the importation of certain dental ceramics, days after the date of service by the United States after importation of products thereof, and methods of Commission of the complaint and the certain dental ceramics, products making the same by reason of notice of investigation. Extensions of thereof, and methods of making the infringement of one or more of claims 1, time for submitting responses to the same by reason of infringement of 2, 4, 5, 7, 10, 12, 13, 15–19, and 22 of complaint and the notice of certain claims of U.S. Patent No. the ’836 patent; claim 27 of the ’623 investigation will not be granted unless 7,452,836 (‘‘the ’836 patent’’); U.S. patent; claims 1, 2, 4, 12, 16, 21, 23, 38, good cause therefor is shown. and 39 of the ’894 patent; and claims 3, Patent No. 6,517,623 (‘‘the ’623 patent’’); Failure of a respondent to file a timely 4, 17, 18, 19, 30, 52, 53, and 61 of the U.S. Patent No. 6,802,894 (‘‘the ’894 response to each allegation in the ’451 patent, and whether an industry in patent’’); and U.S. Patent No. 6,455,451 complaint and in this notice may be the United States exists as required by (‘‘the ’451 patent’’). The complaint deemed to constitute a waiver of the subsection (a)(2) of section 337; further alleges that an industry in the right to appear and contest the United States exists as required by the (2) Pursuant to Commission Rule allegations of the complaint and this applicable Federal Statute. 210.50(b), 19 CFR 210.50(b)(1), the notice, and to authorize the The complainants request that the presiding administrative law judge shall administrative law judge and the Commission institute an investigation take evidence or other information and Commission, without further notice to and, after the investigation, issue a hear arguments from the parties and the respondent, to find the facts to be as limited exclusion order and cease and other interested persons with respect to alleged in the complaint and this notice desist orders. the public interest in this investigation, and to enter an initial determination ADDRESSES: The complaint, except for as appropriate, and provide the and a final determination containing any confidential information contained Commission with findings of fact and a such findings, and may result in the therein, is available for inspection recommended determination on this issuance of an exclusion order or a cease during official business hours (8:45 a.m. issue, which shall be limited to the and desist order or both directed against to 5:15 p.m.) in the Office of the statutory public interest factors set forth the respondent. Secretary, U.S. International Trade in 19 U.S.C. 1337(e)(1), (f)(1), (g)(1); By order of the Commission. Commission, 500 E Street SW., Room (3) For the purpose of the 112, Washington, DC 20436, telephone investigation so instituted, the following Issued: April 19, 2017. (202) 205–2000. Hearing impaired are hereby named as parties upon which Lisa R. Barton, individuals are advised that information this notice of investigation shall be Secretary to the Commission. on this matter can be obtained by served: [FR Doc. 2017–08259 Filed 4–24–17; 8:45 am] contacting the Commission’s TDD (a) The complainants are: BILLING CODE 7020–02–P

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INTERNATIONAL TRADE Appliance Manufacturing Co., Inc. d/b/ opportunities for comment on the COMMISSION a TTI Floor Care North America, Inc. of public interest after the issuance of any Glenwillow, OH; Bobsweep, Inc. of final initial determination in this Notice of Receipt of Complaint; Canada; Bobsweep USA of Henderson, investigation. Solicitation of Comments Relating to NV; The Black & Decker Corporation of Persons filing written submissions the Public Interest Towson, MD; Black and Decker (U.S.) must file the original document Inc. of Towson, MD; Shenzhen ZhiYi AGENCY: U.S. International Trade electronically on or before the deadlines Commission. Technology Co., Ltd. d/b/a iLife of stated above and submit 8 true paper China; Matsutek Enterprises Co., Ltd. of copies to the Office of the Secretary by ACTION: Notice. Taiwan; Suzhou Real Power Electric noon the next day pursuant to § 210.4(f) SUMMARY: Notice is hereby given that Appliance Co., Ltd. of China; and of the Commission’s Rules of Practice the U.S. International Trade Shenzhen Silver Star Intelligent and Procedure (19 CFR 210.4(f)). Commission has received a complaint Technology Co., Ltd. of China. The Submissions should refer to the docket entitled Certain Robotic Vacuum complainant requests that the number (‘‘Docket No. 3216’’) in a Cleaning Devices and Components Commission issue a limited exclusion prominent place on the cover page and/ Thereof Such as Spare Parts, DN 3216; order, cease and desist orders and or the first page. (See Handbook for the Commission is soliciting comments impose a bond upon respondents’ Electronic Filing Procedures, Electronic on any public interest issues raised by alleged infringing articles during the 60- Filing Procedures 1). Persons with the complaint or complainant’s filing day Presidential review period pursuant questions regarding filing should pursuant to the Commission’s Rules of to 19 U.S.C. 1337(j). contact the Secretary (202–205–2000). Practice and Procedure. Proposed respondents, other Any person desiring to submit a FOR FURTHER INFORMATION CONTACT: Lisa interested parties, and members of the document to the Commission in R. Barton, Secretary to the Commission, public are invited to file comments, not confidence must request confidential U.S. International Trade Commission, to exceed five (5) pages in length, treatment. All such requests should be 500 E Street SW., Washington, DC inclusive of attachments, on any public directed to the Secretary to the 20436, telephone (202) 205–2000. The interest issues raised by the complaint Commission and must include a full public version of the complaint can be or § 210.8(b) filing. Comments should statement of the reasons why the accessed on the Commission’s address whether issuance of the relief Commission should grant such Electronic Document Information specifically requested by the treatment. See 19 CFR 201.6. Documents System (EDIS) at https://edis.usitc.gov, complainant in this investigation would for which confidential treatment by the and will be available for inspection affect the public health and welfare in Commission is properly sought will be during official business hours (8:45 a.m. the United States, competitive treated accordingly. All such requests to 5:15 p.m.) in the Office of the conditions in the United States should be directed to the Secretary to Secretary, U.S. International Trade economy, the production of like or the Commission and must include a full Commission, 500 E Street SW., directly competitive articles in the statement of the reasons why the Washington, DC 20436, telephone (202) United States, or United States Commission should grant such 205–2000. consumers. treatment. See 19 CFR 201.6. Documents General information concerning the In particular, the Commission is for which confidential treatment by the Commission may also be obtained by interested in comments that: Commission is properly sought will be (i) Explain how the articles accessing its Internet server at United treated accordingly. All information, potentially subject to the requested States International Trade Commission including confidential business remedial orders are used in the United (USITC) at https://www.usitc.gov. The information and documents for which States; public record for this investigation may (ii) identify any public health, safety, confidential treatment is properly be viewed on the Commission’s or welfare concerns in the United States sought, submitted to the Commission for Electronic Document Information relating to the requested remedial purposes of this Investigation may be System (EDIS) at https://edis.usitc.gov. orders; disclosed to and used: (i) By the Hearing-impaired persons are advised (iii) identify like or directly Commission, its employees and Offices, that information on this matter can be competitive articles that complainant, and contract personnel (a) for obtained by contacting the its licensees, or third parties make in the developing or maintaining the records Commission’s TDD terminal on (202) United States which could replace the of this or a related proceeding, or (b) in 205–1810. subject articles if they were to be internal investigations, audits, reviews, SUPPLEMENTARY INFORMATION: The excluded; and evaluations relating to the Commission has received a complaint (iv) indicate whether complainant, programs, personnel, and operations of and a submission pursuant to § 210.8(b) complainant’s licensees, and/or third the Commission including under 5 of the Commission’s Rules of Practice party suppliers have the capacity to U.S.C. Appendix 3; or (ii) by U.S. and Procedure filed on behalf of iRobot replace the volume of articles government employees and contract Corporation on April 18, 2017. The potentially subject to the requested personnel 2, solely for cybersecurity complaint alleges violations of section exclusion order and/or a cease and purposes. All nonconfidential written 337 of the Tariff Act of 1930 (19 U.S.C. desist order within a commercially submissions will be available for public 1337) in the importation into the United reasonable time; and inspection at the Office of the Secretary States, the sale for importation, and the (v) explain how the requested and on EDIS.3 sale within the United States after remedial orders would impact United importation of certain robotic vacuum States consumers. 1 Handbook for Electronic Filing Procedures: cleaning devices and components Written submissions must be filed no https://www.usitc.gov/documents/ _ _ _ thereof such as spare parts. The later than by close of business, eight handbook on filing procedures.pdf. 2 All contract personnel will sign appropriate complaint names as respondents Bissell calendar days after the date of nondisclosure agreements. Homecare, Inc. of Grand Rapids, MI; publication of this notice in the Federal 3 Electronic Document Information System Hoover Inc. of Glenwillow, OH; Royal Register. There will be further (EDIS): https://edis.usitc.gov.

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This action is taken under the redelegated to the Assistant In accordance with 21 CFR authority of section 337 of the Tariff Act Administrator of the DEA Diversion 1301.33(a), this is notice that on June 1, of 1930, as amended (19 U.S.C. 1337), Control Division (‘‘Assistant 2016, Cedarburg Pharmaceuticals Inc., A and of §§ 201.10 and 210.8(c) of the Administrator’’) pursuant to section 7 of Division of Albany Molecular Research Commission’s Rules of Practice and 28 CFR part 0, appendix to subpart R. Inc. (AMRI), 870 Badger Circle, Grafton, Procedure (19 CFR 201.10, 210.8(c)). In accordance with 21 CFR Wisconsin 53024 applied to be 1301.34(a), this is notice that on By order of the Commission. registered as a bulk manufacturer of the December 16, 2016, Janssen Ortho LLC, Dated: April 18, 2017. following basic classes of controlled State Road 933 DM 0.1 Mamey Ward, substances: Lisa R. Barton, Gurabo, Puerto Rico 00778 applied to be Secretary to the Commission. registered as an importer of tapentadol Controlled Substance Drug Schedule [FR Doc. 2017–08232 Filed 4–24–17; 8:45 am] (9780), a basic class of controlled Code BILLING CODE 7020–02–P substance listed in schedule II. The company plans to import an Marihuana ...... 7360 I Tetrahydrocannabinols 7370 I intermediate form of tapentadol (9780) Lisdexamfetamine ...... 1205 II DEPARTMENT OF JUSTICE to bulk manufacture tapentadol for 4-Anilino-N-phenethyl- 8333 II distribution to its customers. 4-piperidine (ANPP). Drug Enforcement Administration Dated: April 18, 2017. Remifentanil ...... 9739 II Fentanyl ...... 9801 II [Docket No. DEA–392] Louis J. Milione, Assistant Administrator. The company plans to manufacture Importer of Controlled Substances [FR Doc. 2017–08345 Filed 4–24–17; 8:45 am] Application: Janssen Ortho LLC the above-listed controlled substances BILLING CODE 4410–09–P in bulk for distribution to its customers. ACTION: Notice of application. In reference to drug codes 7360 marihuana, the company plans to bulk DEPARTMENT OF JUSTICE DATES: Registered bulk manufacturers of manufacture cannabidiol as a synthetic the affected basic class, and applicants Drug Enforcement Administration intermediate. This controlled substance therefore, may file written comments on will be further synthesized to bulk or objections to the issuance of the [Docket No. DEA–392] manufacture a synthetic tetrahydrocannabinols 7370. No other proposed registration in accordance Bulk Manufacturer of Controlled activity for this drug code is authorized with 21 CFR 1301.34(a) on or before Substances Application: Cedarburg for this registration. May 25, 2017. Such persons may also Pharmaceuticals file a written request for a hearing on Dated: April 18, 2017. the application pursuant to 21 CFR ACTION: Notice of application. Louis J. Milione, 1301.43 on or before May 25, 2017. Assistant Administrator. ADDRESSES: Written comments should DATES: Registered bulk manufacturers of the affected basic classes, and [FR Doc. 2017–08343 Filed 4–24–17; 8:45 am] be sent to: Drug Enforcement BILLING CODE 4410–09–P Administration, Attention: DEA Federal applicants therefore, may file written Register Representative/DRW, 8701 comments on or objections to the Morrissette Drive, Springfield, Virginia issuance of the proposed registration in DEPARTMENT OF JUSTICE 22152. All requests for hearing must be accordance with 21 CFR 1301.33(a) on sent to: Drug Enforcement or before June 26, 2017. Drug Enforcement Administration Administration, Attn: Administrator, ADDRESSES: Written comments should [Docket No. DEA–392] 8701 Morrissette Drive, Springfield, be sent to: Drug Enforcement Virginia 22152. All requests for hearing Administration, Attention: DEA Federal Importer of Controlled Substances should also be sent to: (1) Drug Register Representative/DRW, 8701 Application: Cambridge Isotope Enforcement Administration, Attn: Morrissette Drive, Springfield, Virginia Laboratories Hearing Clerk/LJ, 8701 Morrissette 22152. Drive, Springfield, Virginia 22152; and SUPPLEMENTARY INFORMATION: The ACTION: Notice of application. (2) Drug Enforcement Administration, Attorney General has delegated his Attn: DEA Federal Register authority under the Controlled DATES: Registered bulk manufacturers of Representative/DRW, 8701 Morrissette Substances Act to the Administrator of the affected basic classes, and Drive, Springfield, Virginia 22152. the Drug Enforcement Administration applicants therefore, may file written SUPPLEMENTARY INFORMATION: The (DEA), 28 CFR 0.100(b). Authority to comments on or objections to the Attorney General has delegated his exercise all necessary functions with issuance of the proposed registration in authority under the Controlled respect to the promulgation and accordance with 21 CFR 1301.34(a) on Substances Act to the Administrator of implementation of 21 CFR part 1301, or before May 25, 2017. Such persons the Drug Enforcement Administration incident to the registration of may also file a written request for a (DEA), 28 CFR 0.100(b). Authority to manufacturers, distributors, dispensers, hearing on the application pursuant to exercise all necessary functions with importers, and exporters of controlled 21 CFR 1301.43 on or before May 25, respect to the promulgation and substances (other than final orders in 2017. implementation of 21 CFR part 1301, connection with suspension, denial, or ADDRESSES: Written comments should incident to the registration of revocation of registration) has been be sent to: Drug Enforcement manufacturers, distributors, dispensers, redelegated to the Assistant Administration, Attention: DEA Federal importers, and exporters of controlled Administrator of the DEA Diversion Register Representative/DRW, 8701 substances (other than final orders in Control Division (‘‘Assistant Morrissette Drive, Springfield, Virginia connection with suspension, denial, or Administrator’’) pursuant to section 7 of 22152. All requests for hearing must be revocation of registration) has been 28 CFR part 0, appendix to subpart R. sent to: Drug Enforcement

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Administration, Attn: Administrator, authority under the Controlled redelegated to the Assistant 8701 Morrissette Drive, Springfield, Substances Act to the Administrator of Administrator of the DEA Diversion Virginia 22152. All requests for hearing the Drug Enforcement Administration Control Division (‘‘Assistant should also be sent to: (1) Drug (DEA), 28 CFR 0.100(b). Authority to Administrator’’) pursuant to section 7 of Enforcement Administration, Attn: exercise all necessary functions with 28 CFR part 0, appendix to subpart R. Hearing Clerk/LJ, 8701 Morrissette respect to the promulgation and In accordance with 21 CFR Drive, Springfield, Virginia 22152; and implementation of 21 CFR part 1301, 1301.34(a), this is notice that on August (2) Drug Enforcement Administration, incident to the registration of 25, 2016, Cambridge Isotope Attn: DEA Federal Register manufacturers, distributors, dispensers Laboratories, 50 Frontage Road, Representative/DRW, 8701 Morrissette importers, and exporters of, controlled Andover, Massachusetts 01810 applied Drive, Springfield, Virginia 22152. substances (other than final orders in to be registered as an importer of the SUPPLEMENTARY INFORMATION: The connection with suspension, denial, or following basic classes of controlled Attorney General has delegated his revocation of registration) has been substances:

Controlled substance Drug code Schedule

Mephedrone (4-Methyl-N-methylcathinone) ...... 1248 I Gamma Hydroxybutyric Acid ...... 2010 I Methaqualone ...... 2565 I Lysergic acid diethylamide ...... 7315 I Marihuana ...... 7360 I Tetrahydrocannabinols ...... 7370 I 3,4-Methylenedioxyamphetamine ...... 7400 I 3,4-Methylenedioxy-N-ethylamphetamine ...... 7404 I 3,4-Methylenedioxymethamphetamine ...... 7405 I Methylone (3,4-Methylenedioxy-N-methylcathinone) ...... 7540 I Butylone ...... 7541 I Heroin ...... 9200 I Pentobarbital ...... 2270 II Secobarbital ...... 2315 II Phencyclidine ...... 7471 II Cocaine ...... 9041 II Dihydrocodeine ...... 9120 II Ecgonine ...... 9180 II Meperidine ...... 9230 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Fentanyl ...... 9801 II

The company plans to import the DATES: Registered bulk manufacturers of implementation of 21 CFR part 1301, listed controlled substances for the affected basic classes, and incident to the registration of analytical research, testing and clinical applicants therefore, may file written manufacturers, distributors, dispensers, trials. comments on or objections to the importers, and exporters of controlled Dated: April 18, 2017. issuance of the proposed registration in substances (other than final orders in Louis J. Milione, accordance with 21 CFR 1301.33(a) on connection with suspension, denial, or or before June 26, 2017. Assistant Administrator. revocation of registration) has been [FR Doc. 2017–08346 Filed 4–24–17; 8:45 am] ADDRESSES: Written comments should redelegated to the Assistant BILLING CODE 4410–09–P be sent to: Drug Enforcement Administrator of the DEA Diversion Administration, Attention: DEA Federal Control Division (‘‘Assistant Register Representative/DRW, 8701 Administrator’’) pursuant to section 7 of DEPARTMENT OF JUSTICE Morrissette Drive, Springfield, Virginia 28 CFR part 0, appendix to subpart R. 22152. Drug Enforcement Administration In accordance with 21 CFR SUPPLEMENTARY INFORMATION: The 1301.33(a), this is notice that on [Docket No. DEA–392] Attorney General has delegated his November 22, 2016, Siegfried USA, authority under the Controlled LLC, 33 Industrial Park Road, Bulk Manufacturer of Controlled Substances Act to the Administrator of Pennsville, New Jersey 08070 applied to Substances Application: Siegfried the Drug Enforcement Administration USA, LLC be registered as a bulk manufacturer of (DEA), 28 CFR 0.100(b). Authority to the following basic classes of controlled exercise all necessary functions with ACTION: Notice of application. substances: respect to the promulgation and

Controlled substance Drug code Schedule

Gamma Hydroxybutyric Acid ...... 2010 I Dihydromorphine ...... 9145 I Hydromorphinol ...... 9301 I Methylphenidate ...... 1724 II Amobarbital ...... 2125 II Pentobarbital ...... 2270 II Secobarbital ...... 2315 II

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Controlled substance Drug code Schedule

Codeine ...... 9050 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Hydrocodone ...... 9193 II Methadone ...... 9250 II Methadone intermediate ...... 9254 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Morphine ...... 9300 II Oripavine ...... 9330 II Thebaine ...... 9333 II Opium tincture ...... 9630 II Oxymorphone ...... 9652 II

The company plans to manufacturer DATES: Registered bulk manufacturers of respect to the promulgation and the listed controlled substances in bulk the affected basic classes, and implementation of 21 CFR part 1301, for distribution to its customers. applicants therefore, may file written incident to the registration of Dated: April 18, 2017. comments on or objections to the manufacturers, distributors, dispensers, Louis J. Milione, issuance of the proposed registration in importers, and exporters of controlled accordance with 21 CFR 1301.33(a) on substances (other than final orders in Assistant Administrator. or before June 26, 2017. connection with suspension, denial, or [FR Doc. 2017–08347 Filed 4–24–17; 8:45 am] revocation of registration) has been BILLING CODE 4410–09–P ADDRESSES: Written comments should be sent to: Drug Enforcement redelegated to the Assistant Administration, Attention: DEA Federal Administrator of the DEA Diversion Control Division (‘‘Assistant DEPARTMENT OF JUSTICE Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia Administrator’’) pursuant to section 7 of Drug Enforcement Administration 22152. 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR [Docket No. DEA–392] SUPPLEMENTARY INFORMATION: The 1301.33(a), this is notice that on Attorney General has delegated his December 19, 2016, Sigma Aldrich Bulk Manufacturer of Controlled authority under the Controlled Research Biochemicals, Inc., 1–3 Substances Application: Sigma Aldrich Substances Act to the Administrator of Strathmore Road, Natick, Massachusetts Research Biochemicals, Inc. the Drug Enforcement Administration 01760–2447 applied to be registered as (DEA), 28 CFR 0.100(b). Authority to a bulk manufacturer of the following ACTION: Notice of application. exercise all necessary functions with basic classes of controlled substances:

Controlled substance Drug code Schedule

Cathinone ...... 1235 I Methcathinone ...... 1237 I Mephedrone (4-Methyl-N-methylcathinone) ...... 1248 I Aminorex ...... 1585 I Alpha-ethyltryptamine ...... 7249 I Lysergic acid diethylamide ...... 7315 I Tetrahydrocannabinols ...... 7370 I 4-Bromo-2,5-dimethoxyamphetamine ...... 7391 I 4-Bromo-2,5-dimethoxyphenethylamine ...... 7392 I 4-Methyl-2,5-dimethoxyamphetamine ...... 7395 I 2,5-Dimethoxyamphetamine ...... 7396 I 3,4-Methylenedioxyamphetamine ...... 7400 I N-Hydroxy-3,4-methylenedioxyamphetamine ...... 7402 I 3,4-Methylenedioxy-N-ethylamphetamine ...... 7404 I 3,4-Methylenedioxymethamphetamine ...... 7405 I Dimethyltryptamine ...... 7435 I Psilocybin ...... 7437 I 5-Methoxy-N,N-diisopropyltryptamine ...... 7439 I 1-[1-(2-Thienyl)cyclohexyl]piperidine ...... 7470 I N-Benzylpiperazine ...... 7493 I MDPV (3,4-Methylenedioxypyrovalerone) ...... 7535 I Methylone (3,4-Methylenedioxy-N-methylcathinone) ...... 7540 I Heroin ...... 9200 I Normorphine ...... 9313 I Norlevorphanol ...... 9634 I Amphetamine ...... 1100 II Methamphetamine ...... 1105 II Nabilone ...... 7379 II 1-Phenylcyclohexylamine ...... 7460 II Phencyclidine ...... 7471 II Cocaine ...... 9041 II Codeine ...... 9050 II Ecgonine ...... 9180 II

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Controlled substance Drug code Schedule

Levomethorphan ...... 9210 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Metazocine ...... 9240 II Methadone ...... 9250 II Morphine ...... 9300 II Thebaine ...... 9333 II Levo-alphacetylmethadol ...... 9648 II Remifentanil ...... 9739 II Sufentanil ...... 9740 II Carfentanil ...... 9743 II Fentanyl ...... 9801 II

The company plans to manufacture address one or more of the following probation offices for which a central reference standards. four points: reporting authority does not exist. For Dated: April 18, 2017. —Evaluate whether the proposed the CJ–7 form, the affected public Louis J. Milione, collection of information is necessary consists of 53 respondents including 51 central reporters (two state respondents Assistant Administrator. for the proper performance of the functions of the Bureau of Justice in Pennsylvania, and one each from the [FR Doc. 2017–08344 Filed 4–24–17; 8:45 am] Statistics, including whether the remaining states), the District of BILLING CODE 4410–09–P information will have practical utility; Columbia, and the Federal Bureau of —Evaluate the accuracy of the agency’s Prisons responsible for keeping records estimate of the burden of the on parolees. For the CJ–8 form, the DEPARTMENT OF JUSTICE proposed collection of information, affected public includes 305 reporters [OMB Number 1121–0064] including the validity of the including 35 state respondents, the methodology and assumptions used; District of Columbia, the Federal Bureau Agency Information Collection —Evaluate whether and if so how the of Prisons, and 268 from local Activities; Proposed eCollection quality, utility, and clarity of the authorities responsible for keeping eComments Requested; Extension of a information to be collected can be records on probationers. For the CJ–8A Currently Approved Collection: Annual enhanced; and form, the affected public includes 151 Parole Survey, Annual Probation —Minimize the burden of the collection reporters who are all local authorities Survey of information on those who are to responsible for keeping records on respond, including through the use of probationers. The Annual Parole Survey AGENCY: Bureau of Justice Statistics, appropriate automated, electronic, and Annual Probation surveys have Department of Justice. mechanical, or other technological been used since 1977 to collect annual ACTION: 60-Day notice. collection techniques or other forms yearend counts and yearly movements of information technology, e.g., of community corrections populations; SUMMARY: The Department of Justice permitting electronic submission of characteristics of the community (DOJ), Office of Justice Programs, responses. supervision population, such as gender, Bureau of Justice Statistics, will be racial composition, ethnicity, conviction submitting the following information Overview of This Information status, offense, and supervision status. collection request to the Office of Collection Management and Budget (OMB) for 1. Type of Information Collection: 5. An estimate of the total number of review and approval in accordance with Extension of a currently approved respondents and the amount of time the Paperwork Reduction Act of 1995. collection. estimated for an average respondent to respond: 509 respondents each taking DATES: Comments are encouraged and 2. The Title of the Form/Collection: an average of 1.63 hours to respond. will be accepted for 60 days until June Annual Parole Survey, Annual 26, 2017. Probation Survey. 6. An estimate of the total public 3. The agency form number, if any, burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT: If and the applicable component of the collection: There is an estimated 830 you have additional comments Department sponsoring the collection: total burden hours associated with this especially on the estimated public Form numbers for the questionnaire are collection. burden or associated response time, CJ–7 Annual Parole Survey; CJ–8 suggestions, or need a copy of the If additional information is required Annual Probation Survey; CJ–8a Annual contact: Melody Braswell, Department proposed information collection Probation Survey (Short Form). The instrument with instructions or Clearance Officer, United States applicable component within the Department of Justice, Justice additional information, please contact Department of Justice is the Bureau of Danielle Kaeble, Statistician, Bureau of Management Division, Policy and Justice Statistics, in the Office of Justice Planning Staff, Two Constitution Justice Statistics, 810 Seventh Street Programs. NW., Washington, DC 20531 (email: Square, 145 N Street NE., 3E.405A, 4. Affected public who will be asked Washington, DC 20530. [email protected]; telephone: or required to respond, as well as a brief 202–305–2017). abstract: Dated: April 20, 2017. SUPPLEMENTARY INFORMATION: Written Primary: State departments of Melody Braswell, comments and suggestions from the corrections or state probation and parole Department Clearance Officer for PRA, U.S. public and affected agencies concerning authorities. Department of Justice. the proposed collection of information Others: The Federal Bureau of [FR Doc. 2017–08342 Filed 4–24–17; 8:45 am] are encouraged. Your comments should Prisons, city and county courts and BILLING CODE 4410–18–P

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DEPARTMENT OF JUSTICE —Minimize the burden of the collection DEPARTMENT OF LABOR of information on those who are to [OMB Number 1103–NEW] respond, including through the use of Occupational Safety and Health appropriate automated, electronic, Administration Agency Information Collection mechanical, or other technological Activities: Revision to a Currently [Docket No. OSHA–2010–0050] Approved Collection; Comments collection techniques or other forms Standard on the Storage and Handling Requested: Diversity in Law of information technology, e.g., of Anhydrous Ammonia; Extension of Enforcement Recruitment Survey permitting electronic submission of responses. the Office of Management and ACTION: 60-Day notice. Budget’s (OMB) Approval of Overview of This Information Information Collection (Paperwork) SUMMARY: The Department of Justice Collection Requirements (DOJ) Office of Community Oriented (1) Type of Information Collection: AGENCY: Occupational Safety and Health Policing Services (COPS) will be New information collection. Administration (OSHA), Labor. submitting the following information collection request to the Office of (2) Title of the Form/Collection: ACTION: Request for public comments. Management and Budget (OMB) for Diversity in Law Enforcement SUMMARY: OSHA solicits public Recruitment Survey. review and approval in accordance with comments concerning its proposal to the Paperwork Reduction Act of 1995. (3) The agency form number 1103– extend OMB approval of the The information collection is a new **** U.S. Department of Justice Office of information collection requirements instrument. Community Oriented Policing Services. specified in the Storage and Handling of DATES: Comments are encouraged and (4) Affected public who will be asked Anhydrous Ammonia Standard. will be accepted for an additional 60 or required to respond, as well as a brief Paragraphs (b)(3) and (b)(4) of the days until June 26, 2017 after this notice abstract: Standard have paperwork requirements is published in the Federal Register. that apply to non-refrigerated containers This process is conducted in accordance Primary: Law Enforcement Agencies and systems and refrigerated containers, with 5 CFR 1320.10. and community partners. respectively; employers use these FOR FURTHER INFORMATION CONTACT: If Abstract: The purpose of this project containers and systems to store and you have additional comments is to improve the practice of community transfer anhydrous ammonia in the especially on the estimated public policing throughout the United States workplace. burden or associated response time, by supporting the development of a DATES: Comments must be submitted suggestions, or need a copy of the series of tools that will allow law (postmarked, sent, or received) by June proposed information collection enforcement agencies to gain better 26, 2017. instrument with instructions or insight into the depth and breadth of ADDRESSES: additional information, please contact their community policing activities. Electronically: You may submit Lashon M. Hilliard, Department of (5) An estimate of the total number of comments and attachments Justice Office of Community Oriented respondents and the amount of time electronically at http:// Policing Services, 145 N Street NE., estimated for an average respondent to www.regulations.gov, which is the Washington, DC 20530. respond/reply: It is estimated that Federal eRulemaking Portal. Follow the Written comments and/or suggestions approximately 1 respondent will instructions online for submitting can also be directed to the Office of comments. Management and Budget, Office of respond with an average of 50 minutes per response. Facsimile: If your comments, Information and Regulatory Affairs, including attachments, are not longer Attention: Department of Justice Desk (6) An estimate of the total public than 10 pages, you may fax them to the Officer, Washington, DC 20530 or sent burden (in hours) associated with the _ OSHA Docket Office at (202) 693–1648. to OIRA [email protected]. collection: The total estimated time Mail, hand delivery, express mail, SUPPLEMENTARY INFORMATION: Written burden is 50 hours. messenger, or courier service: When comments and suggestions from the If additional information is required using this method, you must submit a public and affected agencies concerning contact: Melody Braswell, Department copy of your comments and attachments the proposed collection of information Clearance Officer, United States to the OSHA Docket Office, Docket No. are encouraged. Your comments should Department of Justice, Justice OSHA–2010–0050, Occupational Safety address one or more of the following Management Division, Policy and and Health Administration, U.S. four points: Planning Staff, Two Constitution Department of Labor, Room N–2625, —Evaluate whether the proposed Square, 145 N Street NE., Room 1407B, 200 Constitution Avenue NW., collection of information is necessary Washington, DC 20530. Washington, DC 20210. Deliveries for the proper performance of the (hand, express mail, messenger, and functions of the agency, including Dated: April 20, 2017. courier service) are accepted during the whether the information will have Melody Braswell, Department of Labor’s and Docket practical utility; Department Clearance Officer for PRA, U.S. Office’s normal business hours, 8:15 —Evaluate the accuracy of the agency’s Department of Justice. a.m. to 4:45 p.m., e.t. estimate of the burden of the [FR Doc. 2017–08312 Filed 4–24–17; 8:45 am] Instructions: All submissions must proposed collection of information, BILLING CODE 4410–AT–P include the Agency name and OSHA including the validity of the docket number (Docket No. OSHA methodology and assumptions used; 2010–0050) for the Information —Enhance the quality, utility, and Collection Request (ICR). All comments, clarity of the information to be including any personal information you collected; and provide, are placed in the public docket

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without change, and may be made if required, and that these nameplates Title: Standard on the Storage and available online at http:// ‘‘be permanently attached to the system Handling of Anhydrous Ammonia (29 www.regulations.gov. For further (as specified by paragraph (b)(3)(ii)(j)) so CFR 1910.111). information on submitting comments, as to be readily accessible for inspection OMB Control Number: 1218–0208. see the ‘‘Public Participation’’ heading . . . .’’ In addition, this paragraph Affected Public: Business or other for- in the section of this notice titled requires that markings on containers profit; farms. SUPPLEMENTARY INFORMATION. and systems covered by paragraphs (c) Number of Respondents: 198,000. Docket: To read or download (‘‘Systems utilizing stationary, Total Responses: 198,000. comments or other material in the nonrefrigerated storage containers’’), (f) Frequency of Responses: On occasion. docket, go to http://www.regulations.gov (‘‘Tank motor vehicles for the Average Time 10 minutes (.17 hour) or the OSHA Docket Office at the transportation of ammonia’’), (g) for a worker to replace or revise address above. All documents in the (‘‘Systems mounted on farm vehicles markings on ammonia containers. Estimated Total Burden Hours: 337. docket (including this Federal Register other than for the application of Estimated Cost (Operation and notice) are listed in the http:// ammonia’’), and (h) (‘‘Systems mounted Maintenance): $0. www.regulations.gov index; however, on farm vehicles for the application of some information (e.g., copyrighted ammonia’’) provide information IV. Public Participation—Submission of material) is not publicly available to regarding nine specific characteristics of Comments on This Notice and Internet read or download from the Web site. All the containers and systems. Similarly, Access to Comments and Submissions submissions, including copyrighted paragraph (b)(4) of the Standard You may submit comments in material, are available for inspection specifies that refrigerated containers be response to this document as follows: and copying at the OSHA Docket Office. marked with a nameplate on the outer (1) Electronically at http:// You may also contact Theda Kenney at covering in an accessible place that www.regulations.gov, which is the the address below to obtain a copy of provides information regarding eight Federal eRulemaking Portal; (2) by the ICR. specific characteristics of the container. facsimile (fax); or (3) by hard copy. All FOR FURTHER INFORMATION CONTACT: The required markings ensure that comments, attachments, and other Theda Kenney or Todd Owen, employers use only properly designed material must identify the Agency name Directorate of Standards and Guidance, and tested containers and systems to and the OSHA docket number (OSHA OSHA, U.S. Department of Labor, Room store anhydrous ammonia, thereby Docket No. 2010–0050) for the ICR. You N–3609, 200 Constitution Avenue NW., preventing accidental release of, and may supplement electronic submissions Washington, DC 20210; telephone (202) exposure of workers to, this highly toxic by uploading document files 693–2222. and corrosive substance. electronically. If you wish to mail SUPPLEMENTARY INFORMATION: II. Special Issues for Comment additional materials in reference to an electronic or facsimile submission, you I. Background OSHA has a particular interest in must submit them to the OSHA Docket The Department of Labor, as part of its comments on the following issues: Office (see the section of this notice continuing effort to reduce paperwork • Whether the proposed information titled ADDRESSES). The additional and respondent (i.e., employer) burden, collection requirements are necessary materials must clearly identify your conducts a preclearance consultation for the proper performance of the electronic comments by your name, program to provide the public with an Agency’s functions, including whether date, and the docket number so the opportunity to comment on proposed the information is useful; Agency can attach them to your and continuing information collection • The accuracy of OSHA’s estimate of comments. requirements in accord with the the burden (time and costs) of the Because of security procedures, the Paperwork Reduction Act of 1995 (PRA) information collection requirements, use of regular mail may cause a (44 U.S.C. 3506(c)(2)(A)). This program including the validity of the significant delay in the receipt of ensures that information is in the methodology and assumptions used; comments. For information about desired format, reporting burden (time security procedures concerning the • The quality, utility, and clarity of and costs) is minimal, collection delivery of materials by hand, express the information collected; and instruments are clearly understood, and delivery, messenger, or courier service, • OSHA’s estimate of the information Ways to minimize the burden on please contact the OSHA Docket Office collection burden is accurate. The employers who must comply-for at (202) 693–2350, (TTY (877) 889– Occupational Safety and Health Act of example, by using automated or other 5627). 1970 (the OSH Act) (29 U.S.C. 651 et technological information collection Comments and submissions are seq.) (authorizes information collection and transmission techniques. posted without change at http:// by employers as necessary or III. Proposed Actions www.regulations.gov. Therefore, OSHA appropriate for enforcement of the OSH cautions commenters about submitting Act, or for developing information OSHA is requesting that OMB extend personal information, such as social regarding the causes and prevention of its approval of the information security numbers and dates of birth. occupational injuries, illnesses, and collection requirements specified in the Although all submissions are listed in accidents (29 U.S.C. 657). The OSH Act Anhydrous Ammonia Standard (29 CFR the http://www.regulations.gov index, also requires OSHA to obtain such 1910.111). The Agency is requesting some information (e.g., copyrighted information with minimum burden that it retain its previous estimate of 345 material) is not publicly available to upon employers, especially those burden hours associated with this read or download from this Web site. operating small businesses and to Standard. The Agency will summarize All submissions, including copyrighted reduce to the maximum extent feasible the comments submitted in response to material, are available for inspection unnecessary duplication of efforts in this notice and will include this and copying at the OSHA Docket Office. obtaining information (29 U.S.C. 657). summary in the request to OMB. Information on using the http:// Paragraph (b)(3) of the Standard Type of Review: Extension of a www.regulations.gov Web site to submit specifies that systems have nameplates currently approved collection. comments and access the docket is

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available at the Web site’s ‘‘User Tips’’ using this method, you must submit Paperwork Reduction Act of 1995 (PRA) link. Contact the OSHA Docket Office your comments and attachments to the (44 U.S.C. 3506(c)(2)(A)). This program for information about materials not OSHA Docket Office, (Docket No. ensures that information is in the available from the Web site, and for OSHA–2009–0022), U.S. Department of desired format, reporting burden (time assistance in using the Internet to locate Labor, Occupational Safety and Health and costs) is minimal, collection docket submissions. Administration, Room N–3653, 200 instruments are clearly understood, and Constitution Avenue NW., Washington, OSHA’s estimate of the information V. Authority and Signature DC 20210. Deliveries (hand, express collection burden is accurate. Consistent Dorothy Dougherty, Deputy Assistant mail, messenger, and courier service) with the authority of Section 21 of the Secretary of Labor for Occupational are accepted during the Department of OSH Act, the Agency created two Safety and Health, directed the Labor’s and Docket Office’s normal educational programs, the OSHA preparation of this notice. The authority business hours, 10:00 a.m. to 3:00 p.m., Training Institute (OTI) Education for this notice is the Paperwork e.t. Centers Program and the OSHA Reduction Act of 1995 (44 U.S.C. 3506 Instructions: All submissions must Outreach Training Program (Outreach). et seq.) and Secretary of Labor’s Order include the Agency name and OSHA To be a participant in the OTI No. 1–2012 (77 FR 3912). docket number (OSHA–2009–0022) for Education Centers Programs or the Dated: April 13, 2017. the Information Collection Request Outreach Training Program, an Dorothy Dougherty, (ICR). All comments, including any individual/organization must provide the Agency with certain information. Deputy Assistant Secretary of Labor for personal information you provide, are Occupational Safety and Health. placed in the public docket without The requested information is necessary change, and may be made available to evaluate the applicant organization [FR Doc. 2017–08230 Filed 4–24–17; 8:45 am] online at http://www.regulations.gov. and to implement, oversee, and monitor BILLING CODE 4510–26–P For further information on submitting the OTI Education Centers and Outreach comments, see the ‘‘Public Training Programs, courses and trainers. DEPARTMENT OF LABOR Participation’’ heading in the section of The 11 collection of information this notice titled SUPPLEMENTARY requirements are listed below. Occupational Safety and Health INFORMATION. A. Application to become an OSHA Administration Docket: To read or download Training Institute Education Center (OTI comments or other material in the Education Center); [Docket No. OSHA–2009–0022] docket, go to http://www.regulations.gov B. OTI Education Centers Monthly Summary Report for the OTI Education Requirements for the OSHA Training or the OSHA Docket Office at the Centers and the Outreach Training Institute Education Centers Program address above. All documents in the Program Monthly Summary Report; and the OSHA Outreach Training docket (including this Federal Register C. Statement of Compliance with Program; Requesting the Office of notice) are listed in the http:// Outreach Training Program Management and Budget’s (OMB) www.regulations.gov index; however, some information (e.g., copyrighted Requirements; Approval of Information Collection D. Outreach Training Program Report (Paperwork) Requirements material) is not publicly available to read or download from the Web site. All Forms (includes Construction, General AGENCY: Occupational Safety and Health submissions, including copyrighted Industry, Maritime, and Disaster Site); Administration (OSHA), U.S. material, are available for inspection E. Online Outreach Training Program Department of Labor. and copying at the OSHA Docket Office. Report; F. Active Trainer List; ACTION: Request for public comments. You may contact Annette Braam, Assistant Director, Office of Training G. OSHA Training Institute Student SUMMARY: OSHA solicits comments and Educational Programs, or Jim Brock, Survey (OSHA Form 49 11–05 Edition) concerning its proposal to extend the OSHA Training Institute Education (OMB 1225–0059) (Attachment I, OSHA OMB approval of the information Centers Program, at the address below to Form 49 11–05 Edition). collection requirements contained in the obtain a copy of the ICR. H. Attendance Documentation for OTI OSHA Training Institute Education Education Centers; FOR FURTHER INFORMATION CONTACT: I. Outreach Online Training Centers Program and the OSHA Annette Braam, Assistant Director, Outreach Training Program. Certification Statement Office of Training and Educational J. Instructor and Staff Resumes (this DATES: Comments must be submitted Programs, or Jim Brock, OSHA Training includes anyone who may be assigned (postmarked, sent, or received) by June Institute Education Centers Program, to conduct OSHA classes, contractor, 26, 2017. Directorate of Training and Education, subcontractor, employee, adjunct ADDRESSES: OSHA, U.S. Department of Labor, 2020 professor, etc.; Electronically: You may submit S. Arlington Heights Rd., Arlington K. Course Material upon Request by comments and attachments Heights, IL. 60005–4102; Phone: (847) OSHA from OTI Education Centers. electronically at 759–7781. http://www.regulations.gov, which is SUPPLEMENTARY INFORMATION: II. Special Issues for Comment the Federal eRulemaking Portal. Follow OSHA has a particular interest in I. Background the instructions online for submitting comments on the following issues: comments. The Department of Labor, as part of its • Whether the proposed information Facsimile: If your comments, continuing effort to reduce paperwork collection requirements are necessary including attachments, are not longer and respondent (i.e., employer) burden, for the proper performance of the than ten (10) pages, you may fax them conducts a preclearance consultation Agency’s functions, including whether to the OSHA Docket Office at (202) 693– program to provide the public with an the information is useful; 1648. opportunity to comment on proposed • The accuracy of OSHA’s estimate of Mail, hand delivery, express mail, and continuing information collection the burden (time and costs) of the messenger, or courier service: When requirements in accordance with the information collection requirements,

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including the validity of the Because of security procedures, the Budget’s (OMB) approval of the methodology and assumptions used; use of regular mail may cause a information collection requirements • The quality, utility, and clarity of significant delay in the receipt of specified in the Standard on Overhead the information collected; and comments. For information about and Gantry Cranes. • Ways to minimize the burden on security procedures concerning the DATES: Comments must be submitted employers who must comply- for delivery of materials by hand, express (postmarked, sent, or received) by June example, by using automated or other delivery, messenger, or courier service, 26, 2017. technological information collection please contact the OSHA Docket Office ADDRESSES: and transmission techniques. at (202) 693–2350, TTY (877) 889–5627. Electronically: You may submit III. Proposed Actions Comments and submissions are comments and attachments posted without change at http:// electronically at http:// OSHA is requesting a 1,621 burden www.regulations.gov. Therefore, OSHA hour adjustment increase as a result of www.regulations.gov, which is the cautions commenters about submitting Federal eRulemaking Portal. Follow the increasing the number of courses offered personal information such as social instructions online for submitting and the number of students attending security numbers and date of birth. these courses. The Agency will comments. Although all submissions are listed in Facsimile: If your comments, summarize comments submitted in the http://www.regulations.gov index, response to this notice and will include including attachments, are not longer some information (e.g., copyrighted than 10 pages, you may fax them to the this summary in the request to OMB. material) is not publicly available to Type of Review: Extension of a OSHA Docket Office at (202) 693–1648. read or download from this Web site. Mail, hand delivery, express mail, previously approved collection. All submissions, including copyrighted Title: OSHA Training Institute (OTI) messenger, or courier service: When material, are available for inspection Education Centers Program, and OSHA using this method, you must submit and copying at the OSHA Docket Office. Outreach Training Program Data three copies of your comments and Information on using the http:// Collection. attachments to the OSHA Docket Office, OMB Control Number: 1218–0262. www.regulations.gov Web site to submit Docket No. OSHA–2010–0023, U.S. Affected Public: Not-for-profit comments and access the docket is Department of Labor, Occupational institutions; Federal government; State, available at the Web site’s ‘‘User Tips’’ Safety and Health Administration, local and tribal governments. link. Contact the OSHA Docket Office Room N–3653, 200 Constitution Avenue Number of Respondents: 385. for information about materials not NW., Washington, DC 20210. Deliveries Frequency: On occasion. available from the Web site, and for (hand, express mail, messenger, and Total Responses: 53,352. assistance in using the Internet to locate courier service) are accepted during the Average Time per Response: Ranges docket submissions. Department of Labor’s and Docket from 5 minutes for OTI Education V. Authority and Signature Office’s normal business hours, 10:00 Centers to provide OSHA a list of Dorothy Dougherty, Deputy Assistant a.m. to 3:00 p.m., e.t. outreach trainers to 60 hours for a not- Instructions: All submissions must Secretary of Labor for Occupational for-profit institution to prepare and include the Agency name and OSHA Safety and Health, directed the submit an application to become an OTI docket number (OSHA–2010–0023) for preparation of this notice. The authority Education Center. the Information Collection Request for this notice is the Paperwork Estimated Total: Burden hours: (ICR). All comments, including any Reduction Act of 1995 (44 U.S.C. 3506 15,913. personal information you provide, are Estimated Cost (Operation and et seq.) and Secretary of Labor’s Order placed in the public docket without Maintenance): $0. No. 1–2012 (77 FR 3912). change, and may be made available IV. Public Participation—Submission of Dated: April 11, 2017. online at http://www.regulations.gov. Comments on this Notice and Internet Dorothy Dougherty, For further information on submitting Access to Comments and Submissions Deputy Assistant Secretary of Labor for comments, see the ‘‘Public You may submit comments in Occupational Safety and Health. Participation’’ heading in the section of response to this document as follows: [FR Doc. 2017–08242 Filed 4–24–17; 8:45 am] this notice titled SUPPLEMENTARY (1) Electronically at http:// BILLING CODE 4510–26–P INFORMATION. www.regulations.gov, which is the Docket: To read or download Federal eRulemaking Portal; (2) by comments or other material in the facsimile; or (3) by hard copy. All DEPARTMENT OF LABOR docket, go to http://www.regulations.gov comments, attachments, and other or the OSHA Docket Office at the Occupational Safety and Health address above. All documents in the material must identify the Agency name Administration and the OSHA docket number for the docket (including this Federal Register ICR (Docket No. OSHA–2009–0022). [Docket No. OSHA–2010–0023] notice) are listed in the http:// You may supplement electronic www.regulations.gov index; however, submissions by uploading document Overhead and Gantry Cranes; some information (e.g., copyrighted files electronically. If you wish to mail Extension of the Office of Management material) is not publicly available to additional materials in reference to an and Budget’s (OMB) Approval of read or download through the Web site. electronic or facsimile submission, you Information Collection (Paperwork) All submissions, including copyrighted must submit them to the OSHA Docket Requirements material, are available for inspection Office (see the section of this notice AGENCY: Occupational Safety and Health and copying at the OSHA Docket Office. titled ADDRESSES). The additional Administration (OSHA), Labor. You may also contact Theda Kenney at the address below to obtain a copy of materials must clearly identify your ACTION: Request for public comments. electronic comments by your name, the ICR. date, and the docket number so the SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: Agency can attach them to your comment concerning its proposal to Theda Kenney or Todd Owen, comments. extend the Office of Management and Directorate of Standards and Guidance,

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OSHA, U.S. Department of Labor, Room technological information collection personal information such as social N–3609, 200 Constitution Avenue NW., and transmission techniques. security numbers and date of birth. Washington, DC 20210; telephone (202) Although all submissions are listed in III. Proposed Actions 693–2222. the http://www.regulations.gov index, SUPPLEMENTARY INFORMATION: OSHA is requesting an adjustment some information (e.g., copyrighted decrease of 35 burden hours, from material) is not publicly available to I. Background 321,380 to 321,345 burden hours. This read or download through this Web site. The Department of Labor, as part of its adjustment decrease in burden hours is All submissions, including copyrighted continuing effort to reduce paperwork due to the Agency removing burden material, are available for inspection and respondent (i.e., employer) burden, hours for the disclosure of information and copying at the OSHA Docket Office. conducts a preclearance consultation during an inspection. Table 1 below Information on using the http:// program to provide the public with an describes each of the requested burden www.regulations.gov Web site to submit opportunity to comment on proposed hours. comments and access the docket is and continuing information collection Type of Review: Extension of a available at the Web site’s ‘‘User Tips’’ requirements in accordance with the currently approved collection. link. Contact the OSHA Docket Office Paperwork Reduction Act of 1995 (PRA) Title: Overhead and Gantry Cranes (29 for information about materials not (44 U.S.C. 3506(c)(2)(A)). This program CFR 1910.179). available through the Web site, and for OMB Control Number: 1218–0224. ensures that information is in the assistance in using the Internet to locate Affected Public: Business or other for- desired format, reporting burden (time docket submissions. profits. and costs) is minimal, collection Number of Respondents: 642,566. V. Authority and Signature instruments are clearly understood, and Frequency: On occasion; monthly; Dorothy Dougherty, Deputy Assistant OSHA’s estimate of the information semi-annually. collection burden is accurate. The Secretary of Labor for Occupational Average Time per Response: Various. Safety and Health, directed the Occupational Safety and Health Act of Estimated Total Burden Hours: 1970 (the OSH Act) (29 U.S.C. 651 et preparation of this notice. The authority 321,345. for this notice is the Paperwork seq.) authorizes information collection Estimated Cost (Operation and Reduction Act of 1995 (44 U.S.C. 3506 by employers as necessary or Maintenance): $0. appropriate for enforcement of the OSH et seq.) and Secretary of Labor’s Order Act or for developing information IV. Public Participation—Submission of No. 1–2012 (77 FR 3912). regarding the causes and prevention of Comments on This Notice and Internet Dated: April 11, 2017. occupational injuries, illnesses, and Access to Comments and Submissions Dorothy Dougherty, accidents (29 U.S.C. 657). The OSH Act You may submit comments in Deputy Assistant Secretary of Labor for also requires OSHA to obtain such response to this document as follows: Occupational Safety and Health. information with minimum burden (1) Electronically at http:// [FR Doc. 2017–08239 Filed 4–24–17; 8:45 am] upon employers, especially those www.regulations.gov, which is the BILLING CODE 4510–26–P operating small businesses, and to Federal eRulemaking Portal; (2) by reduce to the maximum extent feasible facsimile (fax); or (3) by hard copy. All unnecessary duplication of efforts in comments, attachments, and other obtaining information (29 U.S.C. 657). material must identify the Agency name LIBRARY OF CONGRESS The paperwork provisions of the and the OSHA docket number for the Copyright Royalty Board Standard specify requirements for: ICR (Docket No. OSHA–2010–0023). marking the rated load of cranes; You may supplement electronic [Docket No. 16–CRB–0020–CD (2015)] preparing certification records to verify submissions by uploading document the inspection of the crane hooks, hoist files electronically. If you wish to mail Distribution of 2015 Cable Royalty chains, and rope; and preparing reports additional materials in reference to an Funds of rated load tests for repaired hooks or electronic or facsimile submission, you modified cranes. Records and reports must submit them to the OSHA Docket AGENCY: Copyright Royalty Board, must be maintained and disclosed upon Office (see the section of this notice Library of Congress. request. titled ADDRESSES). The additional ACTION: Notice requesting comments. materials must clearly identify your II. Special Issues for Comment SUMMARY: The Copyright Royalty Judges electronic comments by your name, solicit comments on a motion of OSHA has a particular interest in date, and the docket number so the Allocation Phase Claimants for partial comments on the following issues: Agency can attach them to your distribution of 2015 cable royalty funds. • Whether the proposed information comments. collection requirements are necessary Because of security procedures, the DATES: Comments are due on or before for the proper performance of the use of regular mail may cause a May 25, 2017. Agency’s functions, including whether significant delay in the receipt of ADDRESSES: Interested claimants must the information is useful; comments. For information about submit comments to only one of the • The accuracy of OSHA’s estimate of security procedures concerning the following addresses. Unless responding the burden (time and costs) of the delivery of materials by hand, express by email or online, claimants must information collection requirements, delivery, messenger, or courier service, submit an original, five paper copies, including the validity of the please contact the OSHA Docket Office and an electronic version on a CD. methodology and assumptions used; at (202) 693–2350, (TTY (877) 889– Email: [email protected]; or • The quality, utility, and clarity of 5627). U.S. mail: Copyright Royalty Board, the information collected; and Comments and submissions are P.O. Box 70977, Washington, DC 20024– • Ways to minimize the burden on posted without change at http:// 0977; or employers who must comply-for www.regulations.gov. Therefore, OSHA Overnight service (only USPS Express example, by using automated or other cautions commenters about submitting Mail is acceptable): Copyright Royalty

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Board, P.O. Box 70977, Washington, DC motion requesting a partial distribution Musical Theater (review of 20024–0977; or amounting to 60% of the 2015 cable applications): This meeting will be Commercial courier: Address package royalty funds pursuant to section closed. to: Copyright Royalty Board, Library of 801(b)(3)(C) of the Copyright Act. 17 Date and time: May 9, 2017; 1:00 p.m. Congress, James Madison Memorial U.S.C. 801(b)(3)(C). That section to 3:00 p.m. Building, LM–403, 101 Independence requires that, before ruling on the Arts Education (review of Avenue SE., Washington, DC 20559– motion, the Judges publish a notice in applications): This meeting will be 6000. Deliver to: Congressional Courier the Federal Register seeking responses closed. Acceptance Site, 2nd Street NE and D to the motion for partial distribution to Date and time: May 16, 2017; 1:30 Street NE., Washington, DC; or ascertain whether any claimant entitled p.m. to 3:30 p.m. Hand delivery: Library of Congress, to receive the subject royalties has a Literature (review of applications): James Madison Memorial Building, LM– reasonable objection to the requested This meeting will be closed. 401, 101 Independence Avenue SE., distribution. Date and time: May 17, 2017; 2:30 Washington, DC 20559–6000. Accordingly, this Notice seeks p.m. to 5:00 p.m. FOR FURTHER INFORMATION CONTACT: comments from interested claimants on Literature (review of applications): Anita Blaine, Program Specialist, by whether any reasonable objection exists This meeting will be closed. telephone at (202) 707–7658 or email at that would preclude the distribution of Date and time: May 18, 2017; 2:30 [email protected]. 60% of the 2015 cable royalty funds to p.m. to 5:00 p.m. SUPPLEMENTARY INFORMATION: Each year the Allocation Phase Claimants. Parties ADDRESSES: National Endowment for the cable systems must submit royalty objecting to the partial distribution must Arts, Constitution Center, 400 7th St. payments to the Register of Copyrights advise the Judges of the existence and SW., Washington, DC 20506. as required by the statutory license set extent of all objections by the end of the FOR FURTHER INFORMATION CONTACT: forth in section 111 of the Copyright Act comment period. The Judges will not Further information with reference to for the retransmission to cable consider any objections with respect to these meetings can be obtained from Ms. subscribers of over-the-air television the partial distribution motion that Sherry P. Hale, Office of Guidelines & and radio broadcast signals. See 17 come to their attention after the close of Panel Operations, National Endowment U.S.C. 111(d). The Copyright Royalty the comment period. for the Arts, Washington, DC 20506; Judges (Judges) oversee distribution of The Judges have caused the Motion of [email protected], or call 202/682–5696. royalties to copyright owners whose the Allocation Phase Claimants for SUPPLEMENTARY INFORMATION: The works were included in a qualifying Partial Distribution to be posted on the closed portions of meetings are for the transmission and who timely filed a Copyright Royalty Board Web site at purpose of Panel review, discussion, claim for royalties. Allocation of the http://www.loc.gov/crb. evaluation, and recommendations on royalties collected occurs in one of two financial assistance under the National ways. Dated: April 19, 2017. In the first instance, the Judges may Suzanne M. Barnett, Foundation on the Arts and the authorize distribution in accordance Chief U.S. Copyright Royalty Judge. Humanities Act of 1965, as amended, including information given in with a negotiated settlement among all [FR Doc. 2017–08289 Filed 4–24–17; 8:45 am] confidence to the agency. In accordance claiming parties. 17 U.S.C. 111(d)(4)(A). BILLING CODE 1410–72–P If all claimants do not reach agreement with the determination of the Chairman with respect to the royalties, the Judges of July 5, 2016, these sessions will be must conduct a proceeding to determine closed to the public pursuant to the distribution of any royalties that NATIONAL FOUNDATION ON THE subsection (c)(6) of section 552b of title remain in controversy. 17 U.S.C. ARTS AND THE HUMANITIES 5, United States Code. 111(d)(4)(B). Alternatively, the Judges Dated: April 19, 2017. may, on motion of claimants and on National Endowment for the Arts Sherry P. Hale, notice to all interested parties, authorize Arts Advisory Panel Meetings Staff Assistant, National Endowment for the a partial distribution of royalties, Arts. reserving on deposit sufficient funds to AGENCY: National Endowment for the [FR Doc. 2017–08247 Filed 4–24–17; 8:45 am] resolve identified disputes. 17 U.S.C. Arts, National Foundation on the Arts BILLING CODE 7537–01–P 111(d)(4)(C), 801(b)(3)(C). and Humanities. On February 17, 2017, representatives ACTION: Notice of meetings. of the Allocation Phase (formerly Phase NATIONAL SCIENCE FOUNDATION I) Parties (‘‘Allocation Phase SUMMARY: Pursuant to the Federal 1 Claimants’’) filed with the Judges a Advisory Committee Act, as amended, Notice of Permit Applications Received notice is hereby given that 6 meetings of Under the Antarctic Conservation Act 1 The Allocation Phase Claimants are Program the Arts Advisory Panel to the National of 1978 Suppliers; Joint Sports Claimants; Public Television Council on the Arts will be held by Claimants; National Association of Broadcasters; AGENCY: National Science Foundation. American Society of Composers, Authors and teleconference. Publishers; Broadcast Music, Inc.; SESAC, Inc.; ACTION: Notice of permit applications Canadian Claimants Group; Devotional Claimants, DATES: All meetings are Eastern time received. and National Public Radio. In the Allocation Phase and ending times are approximate: of a cable royalty distribution proceeding, the International (review of applications): SUMMARY: The National Science Judges allocate royalties among certain categories of This meeting will be closed. claimants whose broadcast programming has been Foundation (NSF) is required to publish retransmitted by cable systems. The ‘‘Allocation Date and time: May 4, 2017; 12:00 a notice of permit applications received Phase Claimants’’ who are the moving parties in p.m. to 1:00 p.m. to conduct activities regulated under the this requested partial distribution represent Accessibility (review of applications): Antarctic Conservation Act of 1978. traditional claimant categories. The Judges have not and do not by this notice determine the universe This meeting will be closed. NSF has published regulations under of claimant categories for 2015 cable retransmission Date and time: May 8, 2017; 3:00 p.m. the Antarctic Conservation Act in the royalties. to 4:00 p.m. Code of Federal Regulations. This is the

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required notice of permit applications experiments would be conducted. All regarding the construction permit received. experimental animals would be application. [Note: A portion of this DATES: Interested parties are invited to humanely euthanized and properly session may be closed in order to submit written data, comments, or disposed of outside the ASPAs. discuss and protect information views with respect to this permit Location: ASPA 152 Western designated as proprietary, pursuant to 5 application by May 25, 2017. This Bransfield Strait and ASPA 153 Eastern U.S.C. 552b(c)(4)]. 10:45 a.m.–12:15 p.m.: Future ACRS application may be inspected by Dallmann Bay. Activities/Report of the Planning and interested parties at the Permit Office, Dates: June 28–September 3, 2017. Procedures Subcommittee and address below. Nadene G. Kennedy, Reconciliation of ACRS Comments and ADDRESSES: Comments should be Polar Coordination Specialist, Office of Polar Recommendations (Open/Closed)—The addressed to Permit Office, Room 755, Programs. Committee will discuss the Office of Polar Programs, National [FR Doc. 2017–08040 Filed 4–24–17; 8:45 am] recommendations of the Planning and Science Foundation, 4201 Wilson BILLING CODE 7555–01–P Procedures Subcommittee regarding Boulevard, Arlington, Virginia 22230. items proposed for consideration by the FOR FURTHER INFORMATION CONTACT: Full Committee during future ACRS Nature McGinn, ACA Permit Officer, at NUCLEAR REGULATORY Meetings, and matters related to the the above address or ACApermits@ COMMISSION conduct of ACRS business, including nsf.gov. anticipated workload and member SUPPLEMENTARY INFORMATION: The Advisory Committee on Reactor assignments. The Committee will National Science Foundation, as Safeguards; Notice of Meeting discuss the responses from the NRC Executive Director for Operations to directed by the Antarctic Conservation In accordance with the purposes of comments and recommendations Act of 1978 (Pub. L. 95–541, 45 CFR Sections 29 and 182b of the Atomic included in recent ACRS reports and 670), as amended by the Antarctic Energy Act (42 U.S.C. 2039, 2232b), the letters. [Note: A portion of this meeting Science, Tourism and Conservation Act Advisory Committee on Reactor may be closed pursuant to 5 U.S.C. of 1996, has developed regulations for Safeguards (ACRS) will hold a meeting 552b(c)(2) and (6) to discuss the establishment of a permit system for on May 4–6, 2017, 11545 Rockville Pike, various activities in Antarctica and organizational and personnel matters Rockville, Maryland. that relate solely to internal personnel designation of certain animals and Thursday, May 4, 2017, Conference certain geographic areas requiring rules and practices of ACRS, and Room T2–B1, 11545 Rockville Pike, information the release of which would special protection. The regulations Rockville, Maryland establish such a permit system to constitute a clearly unwarranted 8:30 a.m.–8:35 a.m.: Opening invasion of personal privacy.] designate Antarctic Specially Protected Remarks by the ACRS Chairman Areas. 1:00 p.m.–3:30 p.m.: Biennial Review (Open)—The ACRS Chairman will make and Evaluation of the NRC Safety Application Details opening remarks regarding the conduct Research Program (Open)—The of the meeting. Permit Application: 2018–001 Committee will hear presentations by 10:00 a.m.–12:00 p.m.: Risk-Informed and hold discussions with the Director 1. Applicant: John H. Postlethwait, South Texas Project License of the Office of Nuclear Regulatory University of Oregon, 1425 E. 13th Amendment Request (GSI–191 (Open)— Research regarding the Committee’s Avenue, Eugene, OR 97403 The Committee will hear presentations biennial review and evaluation of the Activity for Which Permit is by and hold discussions with NRC Safety Research Program. Requested: Enter Antarctic Specially representatives of the NRC staff and STP 3:30 p.m.–6:00 p.m.: Preparation of Protected Areas. A permit is requested Nuclear Operating Company regarding ACRS Reports (Open/Closed)—The to enter ASPA 152 (Western Bransfield the safety evaluation associated with the Committee will continue its discussion Strait) and ASPA 153 (Eastern Dallmann subject license amendment request. of proposed ACRS reports during this Bay) using the ARSV Laurence M. 12:45 p.m.–2:15 p.m.: Consequential meeting. [Note: A portion of this session Gould to capture Antarctic fish by Steam Generator Tube Rupture (C– may be closed in order to discuss and trawling and trapping. The collected SGTR) (Open)—The Committee will protect information designated as fish would be used to study the genetic hear briefings by representatives of the proprietary, pursuant to 5 U.S.C. regulatory mechanism in Antarctic fish NRC staff regarding C–SGTR. 552b(c)(4)]. biology and their adaptation to the cold 2:30 p.m.–6:00 p.m.: Preparation of Saturday, May 6, 2017, Conference Antarctic environment. Approximately ACRS Reports (Open)—The Committee Room T2–B1, 11545 Rockville Pike, 50 hours of trawling would be will discuss proposed ACRS reports on Rockville, Maryland conducted in ASPA 152 and matters discussed during this meeting. 8:30 a.m.–11:30 a.m.: Preparation of approximately 20 hours would be Friday, May 5, 2017, Conference ACRS Reports (Open/Closed)—The conducted in ASPA 153. Sixteen traps Room T2–B1, 11545 Rockville Pike, Committee will continue its discussion would be set and allowed to soak for a Rockville, Maryland of proposed ACRS reports discussed total of 6 days. It is anticipated that 8:30 a.m.–8:35 a.m.: Opening during this meeting. [Note: A portion of approximately four hundred (400) Remarks by the ACRS Chairman this session may be closed in order to individual fish representing four species (Open)—The ACRS Chairman will make discuss and protect information (Notothenia coriiceps, Chaenocephalus opening remarks regarding the conduct designated as proprietary, pursuant to 5 aceratus, Champsocephalus gunnari, of the meeting. U.S.C. 552b(c)(4)]. Gobionotothen gibberifrons) would be 8:35 a.m.–10:30 a.m.: Northwest 11:30 a.m.–12:00 p.m.: Miscellaneous captured in the ASPAs and used in the Medical Isotopes Overview (Open/ (Open)—The Committee will continue study. Live fishes would be transported Closed)—The Committee will hear its discussion related to the conduct of to the aquarium facilities at Palmer presentations by and hold discussions Committee activities and specific issues Station for experimentation. with representatives of the NRC staff that were not completed during Physiological and biochemical and Northwest Medical Isotopes previous meetings.

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Procedures for the conduct of and organizations requesting this service SUPPLEMENTARY INFORMATION section of participation in ACRS meetings were will be responsible for telephone line this document. published in the Federal Register on charges and for providing the FOR FURTHER INFORMATION CONTACT: October 17, 2016 (81 FR 71543). In equipment and facilities that they use to David Cullison, Office of the Chief accordance with those procedures, oral establish the video teleconferencing Information Officer, U.S. Nuclear or written views may be presented by link. The availability of video Regulatory Commission, Washington, members of the public, including teleconferencing services is not DC 20555–0001; telephone: 301–415– representatives of the nuclear industry. guaranteed. 2084; email: Infocollects.Resource@ Persons desiring to make oral statements Dated at Rockville, Maryland, this 19th day nrc.gov. should notify Quynh Nguyen, Cognizant of April 2017. SUPPLEMENTARY INFORMATION: ACRS Staff (Telephone: 301–415–5844, For the Nuclear Regulatory Commission. Email: [email protected]), 5 days I. Obtaining Information and Andrew L. Bates, before the meeting, if possible, so that Submitting Comments appropriate arrangements can be made Advisory Committee Management Officer. to allow necessary time during the [FR Doc. 2017–08290 Filed 4–24–17; 8:45 am] A. Obtaining Information meeting for such statements. In view of BILLING CODE 7590–01–P Please refer to Docket ID NRC–2016– the possibility that the schedule for 0222 when contacting the NRC about ACRS meetings may be adjusted by the the availability of information for this Chairman as necessary to facilitate the NUCLEAR REGULATORY action. You may obtain publicly- conduct of the meeting, persons COMMISSION available information related to this planning to attend should check with action by any of the following methods: the Cognizant ACRS staff if such [NRC–2016–0222] • Federal rulemaking Web site: Go to http://www.regulations.gov and search rescheduling would result in major Information Collection: Enforcement inconvenience. for Docket ID NRC–2016–0222. Discretion for Operating Reactors and Thirty-five hard copies of each • NRC’s Agencywide Documents Gaseous Diffusion Plants presentation or handout should be Access and Management System provided 30 minutes before the meeting. AGENCY: Nuclear Regulatory (ADAMS): You may obtain publicly- In addition, one electronic copy of each Commission. available documents online in the presentation should be emailed to the ADAMS Public Documents collection at ACTION: Renewal of existing information http://www.nrc.gov/reading-rm/ Cognizant ACRS Staff one day before collection; request for comment. meeting. If an electronic copy cannot be adams.html. To begin the search, select provided within this timeframe, SUMMARY: The U.S. Nuclear Regulatory ‘‘ADAMS Public Documents’’ and then presenters should provide the Cognizant Commission (NRC) invites public select ‘‘Begin Web-based ADAMS ACRS Staff with a CD containing each comment on the renewal of Office of Search.’’ For problems with ADAMS, presentation at least 30 minutes before Management and Budget (OMB) please contact the NRC’s Public the meeting. approval for an existing collection of Document Room (PDR) reference staff at In accordance with Subsection 10(d) information. The information collection 1–800–397–4209, 301–415–4737, or by of Public Law 92–463 and 5 U.S.C. is entitled, ‘‘Notice of Enforcement email to [email protected]. The 552b(c), certain portions of this meeting Discretion (NOED) for Operating Power supporting statement is available in may be closed, as specifically noted Reactors and Gaseous Diffusion Plants ADAMS under Accession No. above. Use of still, motion picture, and (NRC Enforcement Policy).’’ ML16365A071. television cameras during the meeting • NRC’s PDR: You may examine and DATES: Submit comments by June 26, may be limited to selected portions of purchase copies of public documents at 2017. Comments received after this date the meeting as determined by the the NRC’s PDR, Room O1–F21, One will be considered if it is practical to do Chairman. Electronic recordings will be White Flint North, 11555 Rockville so, but the Commission is able to ensure permitted only during the open portions Pike, Rockville, Maryland 20852. of the meeting. consideration only for comments • NRC’s Clearance Officer: A copy of ACRS meeting agendas, meeting received on or before this date. the collection of information and related transcripts, and letter reports are ADDRESSES: You may submit comments instructions may be obtained without available through the NRC Public by any of the following methods: charge by contacting NRC’s Clearance • Document Room at pdr.resource@ Federal Rulemaking Web site: Go to Officer, David Cullison, Office of the nrc.gov, or by calling the PDR at 1–800– http://www.regulations.gov and search Chief Information Officer, U.S. Nuclear 397–4209, or from the Publicly for Docket ID NRC–2016–0222. Address Regulatory Commission, Washington, Available Records System (PARS) questions about NRC dockets to Carol DC 20555–0001; telephone: 301–415– component of NRC’s document system Gallagher; telephone: 301–415–3463; 2084; email: Infocollects.Resource@ (ADAMS) which is accessible from the email: [email protected]. For nrc.gov. NRC Web site at http://www.nrc.gov/ technical questions, contact the reading-rm/adams.html or http:// individual listed in the FOR FURTHER B. Submitting Comments www.nrc.gov/reading-rm/doc- INFORMATION CONTACT section of this Please include Docket ID NRC–2016– collections/ACRS/. document. 0222 in the subject line of your Video teleconferencing service is • Mail comments to: David Cullison, comment submission, in order to ensure available for observing open sessions of Office of the Chief Information Officer, that the NRC is able to make your ACRS meetings. Those wishing to use Mail Stop: T–2 F43, U.S. Nuclear comment submission available to the this service should contact Mr. Theron Regulatory Commission, Washington, public in this docket. Brown, ACRS Audio Visual Technician DC 20555–0001. The NRC cautions you not to include (301–415–8066), between 7:30 a.m. and For additional direction on obtaining identifying or contact information in 3:45 p.m. (ET), at least 10 days before information and submitting comments, comment submissions that you do not the meeting to ensure the availability of see ‘‘Obtaining Information and want to be publicly disclosed in your this service. Individuals or Submitting Comments’’ in the comment submission. The NRC will

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post all comment submissions at http:// security features were degraded or NUCLEAR REGULATORY www.regulations.gov as well as enter the inoperable. COMMISSION comment submissions into ADAMS, In these circumstances, a licensee or [NRC–2017–0104] and the NRC does not routinely edit certificate holder may request that the comment submissions to remove NRC exercise enforcement discretion, Biweekly Notice: Applications and identifying or contact information. and the NRC staff may choose to not Amendments to Facility Operating If you are requesting or aggregating Licenses and Combined Licenses comments from other persons for enforce the applicable TS, TSR, or other license or certificate condition. This Involving No Significant Hazards submission to the NRC, then you should Considerations inform those persons not to include enforcement discretion is designated as identifying or contact information that a NOED. AGENCY: Nuclear Regulatory they do not want to be publicly A licensee or certificate holder Commission. disclosed in their comment submission. seeking the issuance of a NOED must ACTION: Biweekly notice. Your request should state that the NRC document and submit to the NRC by does not routinely edit comment SUMMARY: Pursuant to the Atomic letter, in accordance with Inspection Energy Act of 1954, as amended (the submissions to remove such information Manual Chapter 0410 (ADAMS before making the comment Act), the U.S. Nuclear Regulatory Accession No. ML13071A487), the Commission (NRC) is publishing this submissions available to the public or safety basis for the request, including an entering the comment into ADAMS. regular biweekly notice. The Act evaluation of the safety significance and requires the Commission to publish II. Background potential consequences of the proposed notice of any amendments issued, or request, a description of proposed In accordance with the Paperwork proposed to be issued, and grants the Reduction Act of 1995 (44 U.S.C. compensatory measures, a justification Commission the authority to issue and chapter 35), the NRC is requesting for the duration of the request, the basis make immediately effective any public comment on its intention to for the licensee’s or certificate holder’s amendment to an operating license or request the OMB’s approval for the conclusion that the request does not combined license, as applicable, upon a information collection summarized have a potential adverse impact on the determination by the Commission that below. public health and safety, and does not such amendment involves no significant 1. The title of the information involve adverse consequences to the hazards consideration, notwithstanding collection: Notices of Enforcement environment, and any other information the pendency before the Commission of Discretion (NOEDs) for Operating Power the NRC staff deems necessary before a request for a hearing from any person. Reactors and Gaseous Diffusion Plants making a decision to exercise discretion. This biweekly notice includes all (GDP), (NRC Enforcement Policy). notices of amendments issued, or 2. OMB approval number: 3150–0136. III. Specific Requests for Comments proposed to be issued, from March 28, 2017, to April 10, 2017. The last 3. Type of submission: Extension. The NRC is seeking comments that 4. The form number, if applicable: N/ biweekly notice was published on April address the following questions: A. 11, 2017. 5. How often the collection is required 1. Is the proposed collection of DATES: Comments must be filed by May or requested: On Occasion. information necessary for the NRC to 25, 2017. A request for a hearing must 6. Who will be required or asked to properly perform its functions? Does the be filed by June 26, 2017. respond: Those licensees that information have practical utility? ADDRESSES: You may submit comments voluntarily request enforcement 2. Is the estimate of the burden of the by any of the following methods: • Federal Rulemaking Web site: Go to discretion through the NOED process. information collection accurate? 7. The estimated number of annual http://www.regulations.gov and search responses: 8. 3. Is there a way to enhance the for Docket ID NRC–2017–0104. Address 8. The estimated number of annual quality, utility, and clarity of the questions about NRC dockets to Carol respondents: 4. information to be collected? Gallagher; telephone: 301–415–3463; 9. The estimated number of hours 4. How can the burden of the email: [email protected]. For needed annually to comply with the information collection on respondents technical questions, contact the information collection requirement or be minimized, including the use of individual listed in the FOR FURTHER request: 680 (600 reporting + 80 INFORMATION CONTACT automated collection techniques or section of this recordkeeping). document. other forms of information technology? 10. Abstract: The NRC’s Enforcement • Mail comments to: Cindy Bladey, Policy includes the circumstances in Dated at Rockville, Maryland, this 20th day Office of Administration, Mail Stop: which the NRC may grant a NOED. On of April 2017. OWFN–12–H08, U.S. Nuclear occasion, circumstances arise when a For the Nuclear Regulatory Commission. Regulatory Commission, Washington, power plant licensee’s compliance with DC 20555–0001. David Cullison, a Technical Specification (TS) Limiting For additional direction on obtaining Condition for Operation or any other NRC Clearance Officer, Office of the Chief information and submitting comments, license condition would involve an Information Officer. see ‘‘Obtaining Information and unnecessary plant shutdown or [FR Doc. 2017–08330 Filed 4–24–17; 8:45 am] Submitting Comments’’ in the transient. Similarly, for a gaseous BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION section of diffusion plant, circumstances may arise this document. where compliance with a Technical FOR FURTHER INFORMATION CONTACT: Safety Requirement (TSR) or other Lynn Ronewicz, Office of Nuclear condition would unnecessarily call for a Reactor Regulation, U.S. Nuclear total plant shutdown, or, compliance Regulatory Commission, Washington, would unnecessarily place the plant in DC 20555–0001; telephone: 301–415– a condition where safety, safeguards, or 1927, email: [email protected].

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SUPPLEMENTARY INFORMATION: entering the comment submissions into for a hearing and petition for leave to ADAMS. intervene (petition) with respect to the I. Obtaining Information and action. Petitions shall be filed in Submitting Comments II. Notice of Consideration of Issuance accordance with the Commission’s of Amendments to Facility Operating ‘‘Agency Rules of Practice and A. Obtaining Information Licenses and Combined Licenses and Procedure’’ in 10 CFR part 2. Interested Please refer to Docket ID NRC–2017– Proposed No Significant Hazards persons should consult a current copy 0104, facility name, unit number(s), Consideration Determination of 10 CFR 2.309. The NRC’s regulations plant docket number, application date, The Commission has made a are accessible electronically from the and subject, when contacting the NRC proposed determination that the NRC Library on the NRC’s Web site at about the availability of information for following amendment requests involve http://www.nrc.gov/reading-rm/doc- this action. You may obtain publicly- no significant hazards consideration. collections/cfr/. Alternatively, a copy of available information related to this Under the Commission’s regulations in the regulations is available at the NRC’s action by any of the following methods: § 50.92 of title 10 of the Code of Federal Public Document Room, located at One • Federal Rulemaking Web site: Go to Regulations (10 CFR), this means that White Flint North, Room O1–F21, 11555 http://www.regulations.gov and search operation of the facility in accordance Rockville Pike (first floor), Rockville, for Docket ID NRC–2017–0104. with the proposed amendment would Maryland 20852. If a petition is filed, • NRC’s Agencywide Documents not (1) involve a significant increase in the Commission or a presiding officer Access and Management System the probability or consequences of an will rule on the petition and, if (ADAMS): You may obtain publicly- accident previously evaluated, or (2) appropriate, a notice of a hearing will be available documents online in the create the possibility of a new or issued. ADAMS Public Documents collection at different kind of accident from any As required by 10 CFR 2.309(d) the http://www.nrc.gov/reading-rm/ accident previously evaluated; or (3) petition should specifically explain the adams.html. To begin the search, select involve a significant reduction in a reasons why intervention should be ‘‘ADAMS Public Documents’’ and then margin of safety. The basis for this permitted with particular reference to select ‘‘Begin Web-based ADAMS proposed determination for each the following general requirements for Search.’’ For problems with ADAMS, amendment request is shown below. standing: (1) The name, address, and please contact the NRC’s Public The Commission is seeking public telephone number of the petitioner; (2) Document Room (PDR) reference staff at comments on this proposed the nature of the petitioner’s right under 1–800–397–4209, 301–415–4737, or by determination. Any comments received the Act to be made a party to the email to [email protected]. The within 30 days after the date of proceeding; (3) the nature and extent of ADAMS accession number for each publication of this notice will be the petitioner’s property, financial, or document referenced (if it is available in considered in making any final other interest in the proceeding; and (4) ADAMS) is provided the first time that determination. the possible effect of any decision or it is mentioned in this document. Normally, the Commission will not order which may be entered in the • NRC’s PDR: You may examine and issue the amendment until the proceeding on the petitioner’s interest. purchase copies of public documents at expiration of 60 days after the date of In accordance with 10 CFR 2.309(f), the NRC’s PDR, Room O1–F21, One publication of this notice. The the petition must also set forth the White Flint North, 11555 Rockville Commission may issue the license specific contentions which the Pike, Rockville, Maryland 20852. amendment before expiration of the 60- petitioner seeks to have litigated in the B. Submitting Comments day period provided that its final proceeding. Each contention must determination is that the amendment consist of a specific statement of the Please include Docket ID NRC–2017– involves no significant hazards issue of law or fact to be raised or 0104, facility name, unit number(s), consideration. In addition, the controverted. In addition, the petitioner plant docket number, application date, Commission may issue the amendment must provide a brief explanation of the and subject, in your comment prior to the expiration of the 30-day bases for the contention and a concise submission. The NRC cautions you not comment period if circumstances statement of the alleged facts or expert to include identifying or contact change during the 30-day comment opinion which support the contention information that you do not want to be period such that failure to act in a and on which the petitioner intends to publicly disclosed in your comment timely way would result, for example in rely in proving the contention at the submission. The NRC posts all comment derating or shutdown of the facility. If hearing. The petitioner must also submissions at http:// the Commission takes action prior to the provide references to the specific www.regulations.gov as well as entering expiration of either the comment period sources and documents on which the the comment submissions into ADAMS. or the notice period, it will publish in petitioner intends to rely to support its The NRC does not routinely edit the Federal Register a notice of position on the issue. The petition must comment submissions to remove issuance. If the Commission makes a include sufficient information to show identifying or contact information. final no significant hazards that a genuine dispute exists with the If you are requesting or aggregating consideration determination, any applicant or licensee on a material issue comments from other persons for hearing will take place after issuance. of law or fact. Contentions must be submission to the NRC, then you should The Commission expects that the need limited to matters within the scope of inform those persons not to include to take this action will occur very the proceeding. The contention must be identifying or contact information that infrequently. one which, if proven, would entitle the they do not want to be publicly petitioner to relief. A petitioner who disclosed in their comment submission. A. Opportunity To Request a Hearing fails to satisfy the requirements at 10 Your request should state that the NRC and Petition for Leave To Intervene CFR 2.309(f) with respect to at least one does not routinely edit comment Within 60 days after the date of contention will not be permitted to submissions to remove such information publication of this notice, any persons participate as a party. before making the comment (petitioner) whose interest may be Those permitted to intervene become submissions available to the public or affected by this action may file a request parties to the proceeding, subject to any

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limitations in the order granting leave to 2.309(d) if the facility is located within Secretary that the participant will be intervene. Parties have the opportunity its boundaries. Alternatively, a State, submitting a petition or other to participate fully in the conduct of the local governmental body, Federally- adjudicatory document (even in hearing with respect to resolution of recognized Indian Tribe, or agency instances in which the participant, or its that party’s admitted contentions, thereof may participate as a non-party counsel or representative, already holds including the opportunity to present under 10 CFR 2.315(c). an NRC-issued digital ID certificate). evidence, consistent with the NRC’s If a hearing is granted, any person Based upon this information, the regulations, policies, and procedures. who is not a party to the proceeding and Secretary will establish an electronic Petitions must be filed no later than is not affiliated with or represented by docket for the hearing in this proceeding 60 days from the date of publication of a party may, at the discretion of the if the Secretary has not already this notice. Petitions and motions for presiding officer, be permitted to make established an electronic docket. leave to file new or amended a limited appearance pursuant to the Information about applying for a contentions that are filed after the provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the deadline will not be entertained absent making a limited appearance may make NRC’s public Web site at http:// a determination by the presiding officer an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ that the filing demonstrates good cause position on the issues but may not getting-started.html. Once a participant by satisfying the three factors in 10 CFR otherwise participate in the proceeding. has obtained a digital ID certificate and 2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at a docket has been created, the must be filed in accordance with the any session of the hearing or at any participant can then submit filing instructions in the ‘‘Electronic prehearing conference, subject to the adjudicatory documents. Submissions Submissions (E-Filing)’’ section of this limits and conditions as may be must be in Portable Document Format document. imposed by the presiding officer. Details (PDF). Additional guidance on PDF If a hearing is requested, and the regarding the opportunity to make a submissions is available on the NRC’s Commission has not made a final limited appearance will be provided by public Web site at http://www.nrc.gov/ determination on the issue of no the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A significant hazards consideration, the scheduled. filing is considered complete at the time Commission will make a final the document is submitted through the B. Electronic Submissions (E-Filing) determination on the issue of no NRC’s E-Filing system. To be timely, an significant hazards consideration. The All documents filed in NRC electronic filing must be submitted to final determination will serve to adjudicatory proceedings, including a the E-Filing system no later than 11:59 establish when the hearing is held. If the request for hearing and petition for p.m. Eastern Time on the due date. final determination is that the leave to intervene (petition), any motion Upon receipt of a transmission, the E- amendment request involves no or other document filed in the Filing system time-stamps the document significant hazards consideration, the proceeding prior to the submission of a and sends the submitter an email notice Commission may issue the amendment request for hearing or petition to confirming receipt of the document. The and make it immediately effective, intervene, and documents filed by E-Filing system also distributes an email notwithstanding the request for a interested governmental entities that notice that provides access to the hearing. Any hearing would take place request to participate under 10 CFR document to the NRC’s Office of the after issuance of the amendment. If the 2.315(c), must be filed in accordance General Counsel and any others who final determination is that the with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary amendment request involves a 49139; August 28, 2007, as amended at that they wish to participate in the significant hazards consideration, then 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not any hearing held would take place Filing process requires participants to serve the document on those before the issuance of the amendment submit and serve all adjudicatory participants separately. Therefore, unless the Commission finds an documents over the internet, or in some applicants and other participants (or imminent danger to the health or safety cases to mail copies on electronic their counsel or representative) must of the public, in which case it will issue storage media. Detailed guidance on apply for and receive a digital ID an appropriate order or rule under 10 making electronic submissions may be certificate before adjudicatory CFR part 2. found in the Guidance for Electronic documents are filed so that they can A State, local governmental body, Submissions to the NRC and on the NRC obtain access to the documents via the Federally-recognized Indian Tribe, or Web site at http://www.nrc.gov/site- E-Filing system. agency thereof, may submit a petition to help/e-submittals.html. Participants A person filing electronically using the Commission to participate as a party may not submit paper copies of their the NRC’s adjudicatory E-Filing system under 10 CFR 2.309(h)(1). The petition filings unless they seek an exemption in may seek assistance by contacting the should state the nature and extent of the accordance with the procedures NRC’s Electronic Filing Help Desk petitioner’s interest in the proceeding. described below. through the ‘‘Contact Us’’ link located The petition should be submitted to the To comply with the procedural on the NRC’s public Web site at http:// Commission by June 26, 2017. The requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or federally representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with

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10 CFR 2.302(g), with their initial paper additional direction on accessing or different type of equipment will be filing stating why there is good cause for information related to this document, installed) or a change to the methods not filing electronically and requesting see the ‘‘Obtaining Information and governing normal plant operation. The authorization to continue to submit changes do not alter the assumptions made Submitting Comments’’ section of this in the safety analysis. documents in paper format. Such filings document. Therefore, the proposed changes do not must be submitted by: (1) First class Duke Energy Carolinas, LLC, Docket create the possibility of a new or different mail addressed to the Office of the Nos. 50–413 and 50–414, Catawba kind of accident from any accident Secretary of the Commission, U.S. previously evaluated. Nuclear Regulatory Commission, Nuclear Station (CNS), Units 1 and 2, 3. Does the proposed amendment involve Washington, DC 20555–0001, Attention: York County, South Carolina a significant reduction in the margin of Rulemaking and Adjudications Staff; or Date of amendment request: safety? (2) courier, express mail, or expedited December 15, 2016. A publicly-available Response: No. The proposed changes will not affect the delivery service to the Office of the version is in ADAMS under Accession operation of plant equipment or the function Secretary, 11555 Rockville Pike, No. ML16350A422. of any equipment assumed in the accident Rockville, Maryland, 20852, Attention: Description of amendment request: analysis. Affected containment penetrations Rulemaking and Adjudications Staff. The amendments would modify will continue to be isolated as required by Participants filing adjudicatory Technical Specification (TS) 3.6.3, the existing TS. documents in this manner are ‘‘Containment Isolation Valves,’’ to add Therefore, the proposed changes do not responsible for serving the document on a Note to TS Limited Condition for involve a significant reduction in a margin of all other participants. Filing is Operation 3.6.3 Required Actions A.2, safety. considered complete by first-class mail C.2 and E.2 to allow isolation devices The NRC staff has reviewed the as of the time of deposit in the mail, or that are locked, sealed, or otherwise licensee’s analysis and, based on this by courier, express mail, or expedited secured to be verified by use of review, it appears that the three delivery service upon depositing the administrative means. This proposed standards of 10 CFR 50.92(c) are document with the provider of the change is consistent with Technical satisfied. Therefore, the NRC staff service. A presiding officer, having Specification Task Force (TSTF) proposes to determine that the granted an exemption request from Traveler TSTF–269–A, Revision 2, amendment request involves no using E-Filing, may require a participant ‘‘Allow Administrative Means of significant hazards consideration. or party to use E-Filing if the presiding Position Verification for Locked or Attorney for licensee: Kate B. Nolan, officer subsequently determines that the Sealed Valves.’’ Deputy General Counsel, Duke Energy reason for granting the exemption from Basis for proposed no significant Carolinas, LLC, 550 South Tryon use of E-Filing no longer exists. hazards consideration determination: Street—DEC45A, Charlotte, NC 28202– Documents submitted in adjudicatory As required by 10 CFR 50.91(a), the 1802. proceedings will appear in the NRC’s licensee has provided its analysis of the NRC Branch Chief: Michael T. electronic hearing docket which is issue of no significant hazards Markley. available to the public at https:// consideration, which is presented Duke Energy Carolinas, LLC, Docket adams.nrc.gov/ehd, unless excluded below: Nos. 50–413 and 50–414, Catawba pursuant to an order of the Commission 1. Does the proposed amendment involve Nuclear Station, Units 1 and 2, York or the presiding officer. If you do not a significant increase in the probability or County, South Carolina have an NRC-issued digital ID certificate consequences of an accident previously as described above, click cancel when evaluated? Date of amendment request: the link requests certificates and you Response: No. December 15, 2016. A publicly-available will be automatically directed to the The proposed changes modify CNS TS version is in ADAMS under Accession NRC’s electronic hearing dockets where 3.6.3, ‘‘Containment Isolation Valves.’’ This No. ML16350A422. you will be able to access any publicly TS currently includes actions that require Description of amendment request: available documents in a particular penetrations to be isolated and periodically The amendments would modify verified to be isolated. A Note is proposed to hearing docket. Participants are Technical Specification (TS) 3.1.8, be added to TS 3.6.3 Required Actions A.2, ‘‘PHYSICS TESTS Exceptions,’’ to allow requested not to include personal C.2, and E.2, to allow isolation devices that privacy information, such as social are locked, sealed, or otherwise secured to be the numbers of channels required by the security numbers, home addresses, or verified by use of administrative means. The Limiting Condition for Operation (LCO) personal phone numbers in their filings, proposed changes do not affect any plant section of TS 3.3.1, ‘‘Reactor Trip unless an NRC regulation or other law equipment, test methods, or plant operation, System (RTS) Instrumentation,’’ to be requires submission of such and is not an initiator of any analyzed reduced from ‘‘4’’ to ‘‘3’’ to allow one information. For example, in some accident sequence. The inoperable nuclear instrumentation channel to be instances, individuals provide home containment penetrations will continue to be used as an input to the reactivity isolated, and hence perform their isolation computer for physics testing without addresses in order to demonstrate function. Operation in accordance with the proximity to a facility or site. With proposed TSs will ensure that all analyzed placing the nuclear instrumentation respect to copyrighted works, except for accidents will continue to be mitigated as channel in a tripped condition. This limited excerpts that serve the purpose previously analyzed. proposed change is consistent with of the adjudicatory filings and would Therefore, the proposed changes do not Technical Specification Task Force constitute a Fair Use application, involve a significant increase in the (TSTF) Traveler TSTF–315–A, Revision participants are requested not to include probability or consequences of any accident 0, ‘‘Reduce Plant Trips Due to Spurious copyrighted materials in their previously evaluated. Signals to the NIS During Physics submission. 2. Does the proposed amendment create Testing.’’ the possibility of a new or different kind of Basis for proposed no significant For further details with respect to accident from any accident previously these license amendment applications, evaluated? hazards consideration determination: see the application for amendment Response: No. As required by 10 CFR 50.91(a), the which is available for public inspection The proposed changes do not involve a licensee has provided its analysis of the in ADAMS and at the NRC’s PDR. For physical alteration to the plant (i.e., no new issue of no significant hazards

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consideration, which is presented Attorney for licensee: Kate B. Nolan, in the CNS Updated Final Safety Analysis below: Deputy General Counsel, Duke Energy Report (UFSAR). The applicable radiological Carolinas, LLC, 550 South Tryon dose acceptance criteria will continue to be 1. Does the proposed amendment involve met. a significant increase in the probability or Street—DEC45A, Charlotte, NC 28202– Therefore, the proposed changes do not consequences of an accident previously 1802. involve a significant increase in the evaluated? NRC Branch Chief: Michael T. probability or consequences of an accident Response: No. Markley. previously evaluated. The proposed changes revise TS 3.1.8, 2. Does the proposed amendment create ‘‘PHYSICS TESTS Exceptions,’’ to allow the Duke Energy Carolinas, LLC, Docket the possibility of a new or different kind of number of channels required by LCO 3.3.1, Nos. 50–413 and 50–414, Catawba accident from any accident previously ‘‘RTS Instrumentation,’’ to be reduced from Nuclear Station (CNS), Units 1 and 2, evaluated? ‘‘4’’ to ‘‘3,’’ to allow one nuclear York County, South Carolina Response: No. instrumentation channel to be used as an There are no proposed design changes nor input to the reactivity computer for physics Date of amendment request: are there any changes in the method by testing without placing the nuclear December 15, 2016. A publicly-available which any safety-related plant SSC performs instrumentation channel in a tripped version is in ADAMS under Accession its safety function. The proposed changes condition. A reduction in the number of No. ML16350A422. will not affect the normal method of plant required nuclear instrumentation channels is Description of amendment request: operation or change any operating not an initiator to any accident previously parameters. No equipment performance evaluated. With the nuclear instrumentation The amendments would modify Technical Specification (TS) 3.4.10, requirements will be affected. The proposed channel placed in bypass instead of in trip, changes will not alter any assumptions made reactor protection is still provided by the ‘‘Pressurizer Safety Valves’’; TS 3.7.4, in the safety analyses. nuclear instrumentation system operating in ‘‘Steam Generator Power Operated No new accident scenarios, transient a two-out-of-three channel logic. As a result, Relief Valves (SG PORVs)’’; and TS precursors, failure mechanisms, or limiting the ability to mitigate any accident 3.7.6, ‘‘Condensate Storage System,’’ to single failures will be introduced as a result previously evaluated is not significantly revise the Completion Times for of this amendment. There will be no adverse affected. The proposed changes will not effect or challenges imposed on any safety- affect the source term, containment isolation, Limiting Condition for Operation (LCO) of TS 3.4.10 Required Action B.2, LCO related system as a result of this amendment. or radiological release assumptions used in Therefore, the proposed changes do not evaluating the radiological consequences of 3.7.4 Required Action C.2, and LCO create the possibility of a new or different any accident previously evaluated. 3.7.6 Required Action B.2 from 12 hours accident from any accident previously Therefore, the proposed changes do not to 24 hours. The proposed changes are evaluated. involve a significant increase in the consistent with Technical Specification 3. Does the proposed amendment involve probability or consequences of any accident Task Force (TSTF) Traveler TSTF–352– a significant reduction in the margin of previously evaluated. safety? 2. Does the proposed amendment create A, Revision 1, ‘‘Provide Consistent Completion Time to Reach MODE 4.’’ Response: No. the possibility of a new or different kind of Margin of safety is related to the accident from any accident previously Basis for proposed no significant hazards consideration determination: confidence in the ability of the fission evaluated? product barriers to perform their intended Response: No. As required by 10 CFR 50.91(a), the functions. These barriers include the fuel The proposed changes do not involve a licensee has provided its analysis of the cladding, the reactor coolant system pressure physical alteration to the plant (i.e., no new issue of no significant hazards boundary, and the containment barriers. The or different type of equipment will be consideration, which is presented proposed changes will not have any impact installed) or a change to the methods below: on these barriers. No accident mitigating governing normal plant operation. The equipment will be adversely impacted. changes do not alter the assumptions made 1. Does the proposed amendment involve Therefore, existing safety margins will be in the safety analysis. a significant increase in the probability or preserved. None of the proposed changes will Therefore, the proposed changes do not consequences of an accident previously involve a significant reduction in a margin of create the possibility of a new or different evaluated? safety. kind of accident from any accident Response: No. previously evaluated. The proposed changes allow a more The NRC staff has reviewed the 3. Does the proposed amendment involve reasonable time to plan and execute required licensee’s analysis and, based on this a significant reduction in the margin of actions, and will not adversely affect review, it appears that the three safety? accident initiators or precursors nor alter the standards of 10 CFR 50.92(c) are Response: No. design assumptions, conditions, and satisfied. Therefore, the NRC staff The proposed changes reduce the configuration of the facility or the manner in probability of a spurious reactor trip during proposes to determine that the which the plant is operated and maintained. amendment request involves no physics testing. The reactor trip system The proposed changes will not alter or continues to be capable of protecting the prevent the ability of structures, systems, and significant hazards consideration. reactor utilizing the power range neutron flux components (SSCs) from performing their Attorney for licensee: Kate B. Nolan, trips operating in a two-out-of-three trip intended functions to mitigate the Deputy General Counsel, Duke Energy logic. As a result, the reactor is protected and consequences of an initiating event within Carolinas, LLC, 550 South Tryon the probability of a spurious reactor trip is the assumed acceptance limits. The proposed Street—DEC45A, Charlotte, NC 28202– significantly reduced. changes do not physically alter safety-related 1802. Therefore, the proposed changes do not systems nor affect the way in which safety- NRC Branch Chief: Michael T. involve a significant reduction in a margin of related systems perform their functions. All Markley. safety. accident analysis acceptance criteria will The NRC staff has reviewed the continue to be met with the proposed Duke Energy Carolinas, LLC, Docket licensee’s analysis and, based on this changes. The proposed changes will not Nos. 50–413 and 50–414, Catawba review, it appears that the three affect the source term, containment isolation, Nuclear Station, Units 1 and 2, York or radiological release assumptions used in County, South Carolina standards of 10 CFR 50.92(c) are evaluating the radiological consequences of satisfied. Therefore, the NRC staff an accident previously evaluated. The Date of amendment request: proposes to determine that the proposed changes will not alter any December 15, 2016. A publicly-available amendment request involves no assumptions or change any mitigation actions version is in ADAMS under Accession significant hazards consideration. in the radiological consequence evaluations No. ML16350A422.

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Description of amendment request: (no new or different type of equipment will consistent with Technical Specification The amendments would modify be installed) nor do they alter the design or Task Force (TSTF) Traveler TSTF–340– Technical Specification (TS) 3.4.12, operation of any plant systems. No new A, Revision 3, ‘‘Allow 7 Day Completion ‘‘Low Temperature Overpressure accident scenarios, accident or transient Time for a Turbine-Driven AFW Pump initiators or precursors, failure mechanisms, Protection (LTOP) System,’’ to increase or limiting single failures are introduced as Inoperable.’’ the time allowed for swapping charging a result of the proposed changes. The Basis for proposed no significant pumps to 1 hour. Additionally, an proposed changes do not cause the hazards consideration determination: existing note in the Applicability malfunction of safety-related equipment As required by 10 CFR 50.91(a), the section of TS 3.4.12 is being reworded assumed to be operable in accident analyses. licensee has provided its analysis of the and relocated to the Limiting Condition No new or different mode of failure has been issue of no significant hazards for Operation section of TS 3.4.12 as created and no new or different equipment consideration, which is presented Note 2. These proposed changes are performance requirements are imposed for below: accident mitigation. As such, the proposed consistent with Technical Specification changes have no effect on previously 1. Does the proposed amendment involve Task Force (TSTF) Traveler TSTF–285– evaluated accidents. a significant increase in the probability or A, Revision 1, ‘‘Charging Pump Swap Therefore, the proposed changes do not consequences of an accident previously LTOP Allowance.’’ create the possibility of a new or different evaluated? Basis for proposed no significant kind of accident from any previously Response: No. hazards consideration determination: evaluated. The proposed changes revise TS 3.7.5, As required by 10 CFR 50.91(a), the 3. Does the proposed amendment involve ‘‘Auxiliary Feedwater (AFW) System,’’ to allow a 7 day Completion Time to restore an licensee has provided its analysis of the a significant reduction in the margin of safety? inoperable AFW turbine-driven pump in issue of no significant hazards MODE 3 immediately following a refueling consideration, which is presented Response: No. The proposed changes do not adversely outage, if MODE 2 has not been entered. An inoperable AFW turbine-driven pump is not below: affect any current plant safety margins or the an initiator of any accident previously 1. Does the proposed amendment involve reliability of the equipment assumed in the evaluated. The ability of the plant to mitigate a significant increase in the probability or safety analysis. Therefore, there are no an accident is no different while in the consequences of an accident previously changes being made to any safety analysis extended Completion Time than during the evaluated? assumptions, safety limits or limiting safety existing Completion Time. The proposed Response: No. system settings that would adversely affect changes will not affect the source term, The proposed changes increase the time plant safety as a result of the proposed containment isolation, or radiological release allowed for swapping charging pumps from changes. assumptions used in evaluating the 15 minutes to one hour, and make several Therefore, the proposed changes do not radiological consequences of any accident other associated administrative changes and involve a significant reduction in a margin of previously evaluated. clarifications to the TS. These changes do not safety. Therefore, the proposed changes do not affect event initiators or precursors. Thus, the involve a significant increase in the proposed changes do not involve a The NRC staff has reviewed the licensee’s analysis and, based on this probability or consequences of any accident significant increase in the probability of an previously evaluated. accident previously evaluated. In addition, review, it appears that the three standards of 10 CFR 50.92(c) are 2. Does the proposed amendment create the proposed changes do not alter any the possibility of a new or different kind of assumptions previously made in the satisfied. Therefore, the NRC staff accident from any accident previously radiological consequence evaluations nor proposes to determine that the evaluated? affect mitigation of the radiological amendment request involves no Response: No. consequences of an accident described in the significant hazards consideration. The proposed changes do not involve a Updated Final Safety Analysis Report Attorney for licensee: Kate B. Nolan, physical alteration to the plant (i.e., no new (UFSAR). As such, the consequences of Deputy General Counsel, Duke Energy or different type of equipment will be accidents previously evaluated in the UFSAR installed) or a change to the methods will not be increased and no additional Carolinas, LLC, 550 South Tryon Street—DEC45A, Charlotte, NC 28202– governing normal plant operation. The radiological source terms are generated. changes do not alter the assumptions made Therefore, there will be no reduction in the 1802. in the safety analysis. capability of those SSCs [structures, systems, NRC Branch Chief: Michael T. Therefore, the proposed changes do not and components] in limiting the radiological Markley. create the possibility of a new or different consequences of previously evaluated kind of accident from any accident accidents, and reasonable assurance that Duke Energy Carolinas, LLC, Docket Nos. 50–413 and 50–414, Catawba previously evaluated. there is no undue risk to the health and 3. Does the proposed amendment involve safety of the public will continue to be Nuclear Station, Units 1 and 2, York a significant reduction in the margin of provided. Thus, the proposed changes do not County, South Carolina safety? involve a significant increase in the Date of amendment request: Response: No. consequences of an accident previously The proposed changes revise TS 3.7.5, evaluated. December 15, 2016. A publicly-available version is in ADAMS under Accession ‘‘Auxiliary Feedwater (AFW) System,’’ to Therefore, the proposed changes do not allow a 7 day Completion Time to restore an involve a significant increase in the No. ML16350A422. inoperable turbine-driven AFW pump in probability or consequences of an accident Description of amendment request: MODE 3, immediately following a refueling previously evaluated. The amendments would modify outage, if MODE 2 has not been entered. In 2. Does the proposed amendment create Technical Specification (TS) 3.7.5, MODE 3 immediately following a refueling the possibility of a new or different kind of ‘‘Auxiliary Feedwater (AFW) System,’’ outage, core decay heat is low and the need accident from any accident previously to expand the TS 3.7.5 Limiting for AFW is also diminished. The two evaluated? Condition for Operation, Condition A, operable motor driven AFW pumps are Response: No. to include the situation when one available and there are alternate means of The proposed changes do not involve turbine driven AFW pump is operable decay heat removal if needed. As a result, the physical changes to analyzed SSCs or risk presented by the extended Completion changes to the modes of plant operation in MODE 3, immediately following a Time is minimal. defined in the technical specification. The refueling outage (if MODE 2 has not Therefore, the proposed changes do not proposed changes do not involve the been entered), with a 7-day Completion involve a significant reduction in a margin of addition or modification of plant equipment Time. This proposed change is safety.

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The NRC staff has reviewed the being tested to reestablish operability are no Description of amendment request: licensee’s analysis and, based on this different from the radiological consequences The amendments would modify review, it appears that the three of an accident previously evaluated while the Technical Specification (TS) 3.9.5, standards of 10 CFR 50.92(c) are DG is inoperable. As a result, the ‘‘Residual Heat Removal (RHR) and consequences of any accident previously satisfied. Therefore, the NRC staff evaluated are not increased. Coolant Circulation—Low Water Level,’’ proposes to determine that the Therefore, the proposed changes do not to add Note 1 to the Limiting Condition amendment request involves no involve a significant increase in the for Operation (LCO) Section of TS 3.9.5 significant hazards consideration. probability or consequences of any accident to allow the securing of the operating Attorney for licensee: Kate B. Nolan, previously evaluated. train of RHR for up to 15 minutes to Deputy General Counsel, Duke Energy 2. Does the proposed amendment create support switching operating trains. The Carolinas, LLC, 550 South Tryon the possibility of a new or different kind of allowance is restricted to three Street—DEC45A, Charlotte, NC 28202– accident from any accident previously conditions: (a) the core outlet 1802. evaluated? temperature is maintained greater than NRC Branch Chief: Michael T. Response: No. 10 degrees Fahrenheit below saturation Markley. The proposed changes do not involve a temperature; (b) no operations are physical alteration to the plant (i.e., no new Duke Energy Carolinas, LLC, Docket permitted that would cause an or different type of equipment will be introduction of coolant into the Reactor Nos. 50–413 and 50–414, Catawba installed) or a change to the methods Nuclear Station, Units 1 and 2, York governing normal plant operation. The Coolant System (RCS) with boron County, South Carolina changes do not alter the assumptions made concentration less than that required to meet the minimum required boron Date of amendment request: in the safety analysis. Therefore, the proposed changes do not concentration of LCO 3.9.1; and (c) no December 15, 2016. A publicly-available create the possibility of a new or different draining operations to further reduce version is in ADAMS under Accession kind of accident from any accident RCS water volume are permitted. No. ML16350A422. previously evaluated. Additionally, the amendments would Description of amendment request: 3. Does the proposed amendment involve modify the LCO Section of TS 3.9.5 to The amendments would modify a significant reduction in the margin of add Note 2, which would allow one Technical Specification (TS) 3.8.1, ‘‘AC safety? Response: No. required RHR loop to be inoperable for Sources—Operating,’’ and TS 3.8.4, ‘‘DC up to 2 hours for surveillance testing, Sources—Operating,’’ to allow greater The purpose of Surveillances is to verify that equipment is capable of performing its provided that the other RHR loop is flexibility in performing Surveillance operable and in operation. These Requirements (SRs) by modifying Mode assumed safety function. The proposed changes will only allow the performance of proposed changes are consistent with restriction notes in TS SRs 3.8.1.11, the Surveillances to reestablish operability, Technical Specification Task Force 3.8.1.16, 3.8.1.17, 3.8.1.19, 3.8.4.8, and and the proposed changes may not be used (TSTF) Traveler TSTF–349–A, Revision 3.8.4.9. This proposed change is to remove a DG from service. In addition, the 1, ‘‘Add Note to LCO 3.9.5 Allowing consistent with Technical Specification proposed changes will potentially shorten Shutdown Cooling Loops Removal from the time that a DG is unavailable because Task Force (TSTF) Traveler TSTF–283– Operation’’; TSTF–361–A, Revision 2, A, Revision 3, ‘‘Modify Section 3.8 testing to reestablish operability can be performed without a plant shutdown. The ‘‘Allow Standby SDC/RHR/DHR Loop to Mode Restriction Notes.’’ be Inoperable to Support Testing’’; and Basis for proposed no significant proposed changes also require an assessment TSTF–438–A, Revision 0, ‘‘Clarify hazards consideration determination: to verify that plant safety will be maintained or enhanced by performance of the Exception Notes to be Consistent with As required by 10 CFR 50.91(a), the Surveillance in the current prohibited the Requirement Being Excepted.’’ licensee has provided its analysis of the Modes. Basis for proposed no significant issue of no significant hazards Therefore, the proposed changes do not hazards consideration determination: consideration, which is presented involve a significant reduction in a margin of As required by 10 CFR 50.91(a), the below: safety. licensee has provided its analysis of the 1. Does the proposed amendment involve The NRC staff has reviewed the issue of no significant hazards a significant increase in the probability or licensee’s analysis and, based on this consideration, which is presented consequences of an accident previously review, it appears that the three below: evaluated? Response: No. standards of 10 CFR 50.92(c) are 1. Does the proposed amendment involve The proposed changes modify Mode satisfied. Therefore, the NRC staff a significant increase in the probability or restriction Notes in TS SRs 3.8.1.11, 3.8.1.16, proposes to determine that the consequences of an accident previously 3.8.1.17, 3.8.1.19, 3.8.4.8, and 3.8.4.9 to allow amendment request involves no evaluated? performance of the Surveillance in whole or significant hazards consideration. Response: No. in part to reestablish Diesel Generator (DG) Attorney for licensee: Kate B. Nolan, The proposed changes add two notes to Operability, and to allow the crediting of Deputy General Counsel, Duke Energy CNS TS LCO 3.9.5. Note 1 would allow unplanned events that satisfy the Carolinas, LLC, 550 South Tryon securing the operating train of Residual Heat Surveillance Requirements. The emergency Removal (RHR) for up to 15 minutes to diesel generators and their associated Street—DEC45A, Charlotte, NC 28202– support switching operating trains, subject to emergency loads are accident mitigating 1802. certain restrictions. Note 2 to would allow features, and are not an initiator of any NRC Branch Chief: Michael T. one RHR loop to be inoperable for up to 2 accident previously evaluated. As a result, Markley. hours for surveillance testing provided the the probability of any accident previously Duke Energy Carolinas, LLC, Docket other RHR loop is Operable and in operation. evaluated is not significantly increased. To Nos. 50–413 and 50–414, Catawba These provisions are operational allowances. manage any increase in risk, the proposed Nuclear Station (CNS), Units 1 and 2, Neither operational allowance is an initiator changes require an assessment to verify that York County, South Carolina to any accident previously evaluated. In plant safety will be maintained or enhanced addition, the proposed changes will not by performance of the Surveillance in the Date of amendment request: affect the source term, containment isolation, current prohibited Modes. The radiological December 15, 2016. A publicly-available or radiological release assumptions used in consequences of an accident previously version is in ADAMS under Accession evaluating the radiological consequences of evaluated during the period that the DG is No. ML16350A422. any accident previously evaluated.

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Therefore, the proposed changes do not satisfied. Therefore, the NRC staff probability or consequences of an accident involve a significant increase in the proposes to determine that the previously evaluated. probability or consequences of any accident amendment request involves no 2. Does the proposed change create the previously evaluated. significant hazards consideration. possibility of a new or different kind of 2. Does the proposed amendment create accident from any accident previously the possibility of a new or different kind of Attorney for licensee: Kate B. Nolan, evaluated? accident from any accident previously Deputy General Counsel, Duke Energy Response: No. evaluated? Carolinas, LLC, 550 South Tryon The proposed reduction in the reactor Response: No. Street—DEC45A, Charlotte, NC 28202– dome pressure SL from 785 psig to [686] psig The proposed changes do not involve a 1802. is a change based upon previously approved physical alteration to the plant (i.e., no new NRC Branch Chief: Michael T. documents and does not involve changes to or different type of equipment will be Markley. the plant hardware or its operating installed) or a change to the methods characteristics. As a result, no new failure governing normal plant operation. The Energy Northwest, Docket No. 50–397, modes are being introduced. changes do not alter the assumptions made Columbia Generating Station, Benton Therefore, the change does not introduce a in the safety analysis. County, Washington new or different kind of accident from those Therefore, the proposed changes do not previously evaluated. create the possibility of a new or different Date of amendment request: July 12, 3. Does the proposed change involve a kind of accident from any accident 2016, as supplemented by letter dated significant reduction in a margin of safety? previously evaluated. November 17, 2016. Publicly-available Response: No. 3. Does the proposed amendment involve versions are in ADAMS under The margin of safety is established through a significant reduction in the margin of Accession Nos. ML16194A515, and the design of the plant structures, systems, safety? ML16326A443, respectively. and components, and through the parameters for safe operation and setpoints for the Response: No. Description of amendment request: An operational allowance is proposed actuation of equipment relied upon to The proposed amendment would reduce respond to transients and design basis which would allow securing the operating the minimum reactor dome pressure train of RHR for up to 15 minutes to support accidents. The proposed change in reactor switching operating trains, subject to certain associated with the critical power dome pressure enhances the safety margin, restrictions. Considering these restrictions, correlation from 785 pounds per square which protects the fuel cladding integrity combined with the short time frame allowed inch gauge (psig) to 686 psig in during a depressurization transient, but does to swap operating RHR trains, and the ability Technical Specification (TS) 2.1.1, not change the requirements governing to start an operating RHR train, if needed, the ‘‘Reactor Core SLs [Safety Limits],’’ and operation or availability of safety equipment occurrence of an event that would require associated bases. assumed to operate to preserve the margin of immediate operation of an RHR train is safety. The change does not alter the behavior The license amendment request was of plant equipment, which remains extremely remote. originally noticed in the Federal unchanged. The available pressure range is An operational allowance is also proposed Register on October 25, 2016 (81 FR expanded by the change, thus offering greater which would allow one RHR loop to be 73433). The notice is being reissued in margin for pressure reduction during the inoperable for up to 2 hours for surveillance transient. testing provided the other RHR loop is its entirety to revise the proposed Therefore, the proposed change does not operable and in operation. A similar minimum reactor dome pressure from involve a significant reduction in the margin allowance currently appears in CNS TS 3.4.7, 685 psig to 686 psig, based on the of safety. ‘‘Reactor Coolant System (RCS) Loops— supplemental letter dated November 16, MODE 5, Loops Filled,’’ and CNS TS 3.4.8, 2017. The NRC staff has reviewed the ‘‘RCS Loops—MODE 5, Loops Not Filled,’’ Basis for proposed no significant licensee’s analysis and, based on this and the conditions under which the hazards consideration determination: review, it appears that the three operational allowance would be applied in As required by 10 CFR 50.91(a), the standards of 10 CFR 50.92(c) are TS 3.9.5 are not significantly different from licensee has provided its analysis of the satisfied. Therefore, the NRC staff those specifications. This operational proposes to determine that the allowance provides the flexibility to perform issue of no significant hazards surveillance testing, while ensuring that consideration, with NRC edits in square amendment request involves no there is reasonable time for operators to brackets, which is presented below: significant hazards consideration. respond to and mitigate any expected 1. Does the proposed change involve a Attorney for licensee: William A. failures. The purpose of the RHR System is significant increase in the probability or Horin, Esq., Winston & Strawn, 1700 K to remove decay and sensible heat from the consequences of an accident previously Street NW., Washington, DC 20006– RCS, to provide mixing of borated coolant, evaluated? 3817. and to prevent boron stratification. Removal Response: No. NRC Branch Chief: Robert J. of system components from service as The change does not involve a Pascarelli. described above, and with limitations in modification of any plant hardware; the place to maintain the ability of the RHR probability and consequence of the Pressure Exelon Generation Company, LLC, System to perform its safety function, does Regulator Failure Open (PRFO) transient are Docket No. 50–410, Nine Mile Point not significantly impact the margin of safety. essentially unchanged. The reduction in the Nuclear Station, Unit 2, Oswego County, Operators will continue to have adequate reactor dome pressure safety limit (SL) from New York time to respond to any off-normal events. 785 psig to [686] psig provides greater margin Removing the system from service, for a to accommodate the pressure reduction Date of amendment request: February limited period of time, with other operational during the transient within the revised TS 28, 2017. A publicly-available version is restrictions, limits the consequences to those limit. in ADAMS under Accession No. already assumed in the Updated Final Safety The proposed change will continue to ML17059C963. Analysis Report (UFSAR). support the validity range for the correlations Description of amendment request: Therefore, the proposed changes do not and the calculation of Minimum Core Power The amendment would revise the Nine involve a significant reduction in the margin Ratio (MCPR) as approved. The proposed TS Mile Point Nuclear Station, Unit 2, of safety. revision involves no significant changes to the operation of any systems or components Technical Specifications (TSs) by The NRC staff has reviewed the in normal, accident or transient operating replacing existing requirements related licensee’s analysis and, based on this conditions. to ‘‘operations with a potential for review, it appears that the three Therefore, the proposed change does not draining the reactor vessel’’ with new standards of 10 CFR 50.92(c) are involve a significant increase in the requirements on reactor pressure vessel

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(RPV) water inventory control (WIC) to proposed controls provide escalating drain time replace the current controls. The protect Safety Limit 2.1.1.3. Safety Limit compensatory measures to be established as proposed TS establish a safety margin by 2.1.1.3 requires RPV water level to be calculated drain times decrease, such as providing defense-in-depth to ensure that the greater than the top of active irradiated verification of a second method of water Safety Limit is protected and to protect the injection and additional confirmations that public health and safety. While some less fuel. The proposed changes are based on containment and/or filtration would be restrictive requirements are proposed for Technical Specifications Task Force available if needed. plant configurations with long calculated (TSTF) Traveler TSTF–542, Revision 2, The proposed changes reduces or drain times, the overall effect of the change ‘‘Reactor Pressure Vessel Water eliminates some requirements that were is to improve plant safety and to add safety Inventory Control’’ (ADAMS Accession determined to be unnecessary to manage the margin. No. ML16074A448). consequences of an unexpected draining Therefore, the proposed changes do not Basis for proposed no significant event, such as automatic initiation of an involve a significant reduction in a margin of hazards consideration determination: ECCS subsystem and control room safety. ventilation. These changes do not affect the As required by 10 CFR 50.91(a), the consequences of any accident previously The NRC staff has reviewed the licensee has provided its analysis of the evaluated since a draining event in Modes 4 licensee’s analysis and, based on this issue of no significant hazards and 5 is not a previously evaluated accident review, it appears that the three consideration, which is presented and the requirements are not needed to standards of 10 CFR 50.92(c) are below, with NRC staff edits in square adequately respond to a draining event. satisfied. Therefore, the NRC staff brackets: Therefore, the proposed changes do not proposes to determine that the involve a significant increase in the amendment request involves no 1. Does the proposed amendment involve probability or consequences of an accident a significant increase in the probability or previously evaluated. significant hazards consideration. consequences of an accident previously 2. Does the proposed amendment create Attorney for licensee: Tamra Domeyer, evaluated? the possibility of a new or different kind of Associate General Counsel, Exelon Response: No. accident from any accident previously Generation Company, LLC, 4300 The proposed changes replace existing TS evaluated? requirements related to OPDRVs [operation Winfield Road, Warrenville, IL 60555. Response: No. with potential to drain the reactor vessels] NRC Branch Chief: James G. Danna. The proposed changes replace existing TS with new requirements on RPV WIC that will requirements related to OPDRVs with new Exelon Generation Company, LLC, protect Safety Limit 2.1.1.3. Draining of RPV requirements on RPV WIC that will protect Docket No. 50–219, Oyster Creek water inventory in Mode 4 (i.e., cold Safety Limit 2.1.1.3. The proposed changes shutdown) and Mode 5 (i.e., refueling) is not Nuclear Generating Station (OCNGS), will not alter the design function of the an accident previously evaluated and, Ocean County, New Jersey equipment involved. Under the proposed therefore, replacing the existing TS controls changes, some systems that are currently Date of amendment request: February to prevent or mitigate such an event with a 28, 2017. A publicly-available version is new set of controls has no effect on any required to be operable during OPDRVs accident previously evaluated. RPV water would be required to be available within the available in ADAMS under Accession inventory control in Mode 4 or Mode 5 is not limiting drain time or to be in service No. ML17060A289. an initiator of any accident previously depending on the limiting drain time. Should Description of amendment request: evaluated. The existing OPDRV controls or those systems be unable to be placed into The licensee proposes to revise the site the proposed RPV WIC controls are not service, the consequences are no different emergency plan to revise the on-shift than if those systems were unable to perform mitigating actions assumed in any accident staffing and the emergency response previously evaluated. their function under the current TS requirements. organization (ERO) staffing for a The proposed changes reduce the permanently defueled condition. probability of an unexpected draining event The event of concern under the current (which is not a previously evaluated requirements and the proposed change is an Basis for proposed no significant accident) by imposing new requirements on unexpected draining event. The proposed hazards consideration determination: the limiting time in which an unexpected changes do not create new failure As required by 10 CFR 50.91(a), the draining event could result in the reactor mechanisms, malfunctions, or accident licensee has provided its analysis of the vessel water level dropping to the top of the initiators that would cause a draining event issue of no significant hazards active fuel (TAF). These controls require or a new or different kind of accident not consideration, which is presented previously evaluated or included in the cognizance of the plant configuration and below: control of configurations with unacceptably design and licensing bases. short drain times. These requirements reduce Therefore, the proposed changes do not 1. Does the proposed amendment involve the probability of an unexpected draining create the possibility of a new or different a significant increase in the probability or event. The current TS requirements are only kind of accident from any accident consequences of an accident previously mitigating actions and impose no previously evaluated. evaluated? requirements that reduce the probability of 3. Does the proposed amendment involve Response: No. an unexpected draining event. a significant reduction in a margin of safety? The proposed changes to the OCNGS The proposed changes reduce the Response: No. Emergency Plan do not impact the function consequences of an unexpected draining The proposed changes replace existing TS of plant Structures, Systems, or Components event (which is not a previously evaluated requirements related to OPDRVs with new (SSCs). The proposed changes do not involve accident) by requiring an Emergency Core requirements on RPV WIC. The current the modification of any plant equipment or Cooling System (ECCS) subsystem to be requirements do not have a stated safety basis affect plant operation. The proposed changes operable at all times in Modes 4 and 5. The and no margin of safety is established in the do not affect accident initiators or precursors, current TS requirements do not require any licensing basis. The safety basis for the new nor do the proposed changes alter design water injection systems, ECCS or otherwise, requirements is to protect Safety Limit assumptions. The proposed changes do not to be Operable in certain conditions in Mode 2.1.1.3. New requirements are added to prevent the ability of the on-shift staff and 5. The change in requirement from two ECCS determine the limiting time in which the ERO to perform their intended functions to subsystems to one ECCS subsystem in Modes RPV water inventory could drain to the top mitigate the consequences of any accident or 4 and 5 does not significantly affect the of the fuel in the reactor vessel should an event that will be credible in the consequences of an unexpected draining unexpected draining event occur. Plant permanently defueled condition. The event because the proposed Actions ensure configurations that could result in lowering proposed changes only remove positions that equipment is available within the limiting the RPV water level to the TAF within one will no longer be needed or credited in the drain time that is as capable of mitigating the hour are now prohibited. New escalating Emergency Plan in the permanently defueled event as the current requirements. The compensatory measures based on the limiting condition.

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Therefore, the proposed changes do not Southern Nuclear Operating Company, probability or consequences of an accident involve a significant increase in the Docket Nos. 52–025 and 52–026, Vogtle previously evaluated. probability or consequences of an accident Electric Generating Plant, Units 3 and 4, 2. Does the proposed amendment create previously evaluated. Burke County, Georgia the possibility of a new or different kind of 2. Does the proposed amendment create accident from any accident previously the possibility of a new or different kind of Date of amendment request: February evaluated? accident from any accident previously 24, 2017. A publicly-available version is Response: No. evaluated? in ADAMS under Accession No. The proposed changes do not involve a Response: No. ML17055C352. new failure mechanism or malfunction, The proposed changes reduce the number Description of amendment request: which affects an [structure, system, of on-shift and ERO positions commensurate The requested amendment proposes component (SSC)] accident initiator, or with the hazards associated with a changes to the Updated Final Safety interface with any SSC accident initiator or permanently shutdown and defueled facility. initiating sequence of events considered in The proposed changes do not involve Analysis Report in the form of the design and licensing bases. There is no installation of new equipment or departures from the plant-specific adverse effect on radioisotope barriers or the modification of existing equipment, so that Design Control Document (DCD) Tier 2 release of radioactive materials. The no new equipment failure modes are information, and involves changes to proposed amendment does not adversely introduced. Also, the proposed changes do related plant-specific DCD Tier 1 affect any accident, including the possibility not result in a change to the way that the information, with corresponding of creating a new or different kind of accident equipment or facility is operated so that no changes to the associated Combined from any accident previously evaluated. new accident initiators are created. License (COL) Appendix C information. Therefore, the proposed changes do not Therefore, the proposed changes do not In addition, revisions are proposed to create the possibility of a new or different create the possibility of a new or different type of accident from any accident kind of accident from any accident COL Appendix A, Technical previously evaluated. previously evaluated. Specifications. The proposed changes 3. Does the proposed amendment involve 3. Does the proposed amendment involve revise the COLs concerning a significant reduction in a margin of safety? a significant reduction in a margin of safety? standardizing the Protection and Safety Response: No. Response: No. Monitoring System (PMS) setpoint No setpoint values or PMS actuations are Margin of safety is associated with nomenclature. No changes are proposed proposed to be changed by this activity. This confidence in the ability of the fission to setpoint values or PMS alarms and is an administrative change to standardize product barriers (i.e., fuel cladding, reactor actuations. the PMS setpoint designators. The proposed coolant system pressure boundary, and Basis for proposed no significant changes would not affect any safety-related containment structure) to limit the level of hazards consideration determination: design code, function, design analysis, safety radiation dose to the public. The proposed analysis input or result, or existing design/ changes do not adversely affect existing plant As required by 10 CFR 50.91(a), the safety margin. No safety analysis or design safety margins or the reliability of the licensee has provided its analysis of the basis acceptance limit/criterion is challenged equipment assumed to operate in the safety issue of no significant hazards or exceeded by the requested changes. analyses. There are no changes being made consideration, which is presented below Therefore the proposed amendment does to safety analysis assumptions, safety limits, with the NRC staff’s edits in square not involve a significant reduction in a or limiting safety system settings that would brackets: margin of safety. adversely affect plant safety as a result of the 1. Does the proposed amendment involve proposed changes. The proposed changes are The NRC staff has reviewed the a significant increase in the probability or associated with the Emergency Plan and licensee’s analysis and, based on this consequences of an accident previously staffing and do not impact operation of the review, it appears that the three evaluated? plant or its response to transients or standards of 10 CFR 50.92(c) are Response: No. accidents. The proposed changes do not No setpoint values or PMS actuations are satisfied. Therefore, the NRC staff affect the Technical Specifications. The proposed to be changed by this activity. Nor proposes to determine that the proposed changes do not involve a change in are any values assumed in the safety analysis amendment request involves no the method of plant operation, and no changed. This is an administrative change to significant hazards consideration. accident analyses will be affected by the standardize the PMS setpoint designators. Attorney for licensee: M. Stanford proposed changes. Safety analysis acceptance The proposed amendment does not affect the Blanton, Balch & Bingham LLP, 1710 criteria are not affected by the proposed prevention and mitigation of abnormal changes and margins of safety are Sixth Avenue North, Birmingham, AL events, e.g., accidents, anticipated operation 35203–2015. maintained. The revised Emergency Plan will occurrences, earthquakes, floods, turbine continue to provide the necessary response missiles, and fires or their safety or design NRC Branch Chief: Jennifer Dixon- staff with the proposed changes. analyses. This change does not involve Herrity. Therefore, the proposed changes do not containment of radioactive isotopes or any Southern Nuclear Operating Company, involve a significant reduction in the margin adverse effect on a fission product barrier. of safety. There is no impact on previously evaluated Docket Nos. 52–025 and 52–026, Vogtle accidents. Electric Generating Plant, Units 3 and 4, The NRC staff has reviewed the These proposed changes have no adverse Burke County, Georgia licensee’s analysis and, based on this impact on the support, design, or operation Date of amendment request: March review, it appears that the three of mechanical and fluid systems. The 15, 2017. A publicly-available version is standards of 10 CFR 50.92(c) are response of systems to postulated accident in ADAMS under Accession No. satisfied. Therefore, the NRC staff conditions is not adversely affected and ML17074A597. proposes to determine that the remains within response time assumed in the Description of amendment request: amendment request involves no accident analysis. There is no change to the predicted radioactive releases due to normal The amendment proposes to depart significant hazards consideration. operation or postulated accident conditions. from Tier 2 information in the Updated Attorney for licensee: Tamra Domeyer, Consequently, the plant response to Final Safety Analysis Report (UFSAR) Associate General Counsel, Exelon previously evaluated accidents or external and involves changes to related plant- events is not adversely affected, nor does the Generation Company, LLC, 4300 specific Tier 1 information, with Winfield Road, Warrenville, IL 60555. proposed change create any new accident precursors. corresponding changes to the associated NRC Branch Chief: Douglas A. Therefore, the requested amendment does Combined License (COL) Appendix C Broaddus. not involve a significant increase in the information, to clarify text that currently

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refers to raceways with an electrical Therefore, the proposed amendment does Basis for proposed no significant classification (i.e., Class 1E/non-Class not create the possibility of a new or different hazards consideration determination: 1E). This includes rewording multiple kind of accident from any accident As required by 10 CFR 50.91(a), the Inspections, Tests, Analyses, and previously evaluated. licensee has provided its analysis of the 3. Does the proposed amendment involve Acceptance Criteria (ITAAC) and a significant reduction in a margin of safety? issue of no significant hazards UFSAR material to clarify that any text Response: No. consideration, which is presented referring to Class 1E or non-Class 1E These proposed changes are for below: raceways or raceway systems is referring clarification and consistency to reduce 1. Does the proposed amendment involve to raceways or raceway systems that misinterpretation. No SSC or function is a significant increase in the probability or route Class 1E or non-Class 1E circuits. changed within this activity. There is no consequences of an accident previously change to the application of regulatory guides Basis for proposed no significant evaluated? or industry standards to raceways or raceway Response: No. hazards consideration determination: systems, nor is there a change to how they This activity revises the raceway spacing As required by 10 CFR 50.91(a), the are designed, fabricated, procured or configurations and permits spacing in licensee has provided its analysis of the installed. Raceway systems that route Class accordance with existing licensing basis issue of no significant hazards 1E circuits will continue to be designated requirements, Regulatory Guide (RG) 1.75 consideration, which is presented and designed as Equipment Class C, safety- and Institute of Electrical and Electronics below: related, and seismic Category I. Engineers (IEEE) 384 for the MCR and RSR. The proposed changes would not affect any The proposed consistency change to revise 1. Does the proposed amendment involve safety-related design code, function, design separation requirements for MCR and RSR a significant increase in the probability or analysis, safety analysis input or result, or raceways does not inhibit any systems, consequences of an accident previously existing design/safety margin. No safety structures or components (SSCs) from evaluated? analysis or design basis acceptance limit/ performing their safety-related function, as Response: No. criterion is challenged or exceeded by the raceways in the MCR and RSR are installed These proposed changes are for requested changes. in accordance with spacing configurations clarification and consistency. No structure, Therefore, the proposed amendment does currently specified in the Updated Final system, or component (SSC) or function is not involve a significant reduction in a Safety Analysis Report (UFSAR) or in the changed within this activity. There is no margin of safety. code of record, IEEE 384. This proposed change to the application of regulatory guides amendment does not have an adverse impact or industry standards to raceways or raceway The NRC staff has reviewed the on the response to anticipated transients or systems, nor is there a change to how they licensee’s analysis and, based on this postulated accident conditions because the are designed, fabricated, procured or review, it appears that the three functions of the SSCs are not changed. The installed. Raceway systems that route Class standards of 10 CFR 50.92(c) are change does not involve an interface with 1E circuits will continue to be designated satisfied. Therefore, the NRC staff any SSC accident initiator or initiating and designed as equipment Class C, safety- proposes to determine that the sequence of events, and thus, the related, and seismic Category I structures. amendment request involves no probabilities of the accidents evaluated in the The proposal to align the text in COL significant hazards consideration. UFSAR are not affected. Accidents associated Appendix C (and plant-specific Tier 1) Attorney for licensee: M. Stanford with raceway separation are not identified in Section 3.3 with the associated ITAAC is the safety analysis. The proposed changes do made for clarification and consistency to Blanton, Balch & Bingham LLP, 1710 not involve a change to the predicted reduce misinterpretation. The proposal to Sixth Avenue North, Birmingham, AL radiological releases due to postulated reword multiple ITAAC in 3.3.00.07 does not 35203–2015. accident conditions, thus, the consequences change the intent of the ITAAC, nor is the NRC Branch Chief: Jennifer Dixon- of the accidents evaluated in the UFSAR are ITAAC scope or closure method impacted. Herrity. not affected. The proposed amendment does not affect Therefore, the proposed amendment does the prevention and mitigation of abnormal Southern Nuclear Operating Company, not involve a significant increase in the events; e.g., accidents, anticipated operation Docket Nos. 52–025 and 52–026, Vogtle probability or consequences of an accident occurrences, earthquakes, floods, turbine Electric Generating Plant, Units 3 and 4, previously evaluated. missiles, and fires or their safety or design Burke County, Georgia 2. Does the proposed amendment create analyses. This change does not involve the possibility of a new or different kind of containment of radioactive isotopes or any Date of amendment request: March 8, accident from any accident previously adverse effect on a fission product barrier. 2017. A publicly-available version is in evaluated? There is no impact on previously evaluated ADAMS under Accession No. Response: No. accidents. ML17067A517. The proposed changes to the inspection Therefore, the proposed amendment does Description of amendment request: criteria for raceway separation requirements not involve a significant increase in the The amendment request consists of does not adversely affect any safety-related probability or consequences of an accident changes to Combined License (COL) equipment, and does not add any new previously evaluated. Appendix C (and corresponding interfaces to safety-related SSCs. This change 2. Does the proposed amendment create changes to plant-specific Tier 1) provides consistency between the COL the possibility of a new or different kind of Appendix C and the UFSAR and industry accident from any accident previously information. Specifically, the standards only. System design functions and evaluated? amendment request involves changes to equipment qualification are not adversely Response: No. revise the raceway separation affected by these changes. The changes do The proposed changes do not involve a requirements in the Main Control Room not introduce a new failure mode, new failure mechanism or malfunction, (MCR) and Remote Shutdown Room malfunction or sequence of events that could which affects an SSC accident initiator, or (RSR) to provide consistency with Tier affect plant safety or safety-related equipment interface with any SSC accident initiator or 2 information in the plant-specific as the change is for consistency with existing initiating sequence of events considered in Design Control Document (DCD). licensing basis requirements and industry the design and licensing bases. There is no Pursuant to the provisions of 10 CFR standards. New credible failure modes are adverse effect on radioisotope barriers or the not introduced by the changes in separation release of radioactive materials. The 52.63(b)(1), an exemption from elements requirements. proposed amendment does not adversely of the design as certified in the 10 CFR Therefore, the proposed amendment does affect any accident, including the possibility part 52, appendix D, design certification not create the possibility of a new or different of creating a new or different kind of accident rule is also requested for the plant- kind of accident from any accident from any accident previously evaluated. specific DCD Tier 1 material departures. previously evaluated.

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3. Does the proposed amendment involve consideration, which is presented accident previously evaluated is not a significant reduction in a margin of safety? below: significantly increased by the proposed Response: No. amendment. Technical Specification (TS) The proposed change maintains 1. Does the proposed amendment involve 5.5.2 continues to require the performance of compliance with the applicable Codes and a significant increase in the probability or periodic system leak tests. Therefore, Standards, thereby maintaining the margin of consequences of an accident previously accident analysis assumptions will still be safety associated with these SSCs. The evaluated? verified. As a result, the consequences of any proposed change does not alter any Response: No. accident previously evaluated are not TSTF 545, ‘‘TS Inservice Testing Program applicable design codes, code compliance, significantly increased. Removal & Clarify SR Usage Rule design function, or safety analysis. Therefore, the proposed changes do not Application to Section 5.5 Testing,’’ Revision Consequently, no safety analysis or design involve a significant increase in the 3: basis acceptance limit/criterion is challenged probability or consequences of an accident The proposed change revises TS Chapter 5, or exceeded by the proposed change, thus the previously evaluated. ‘‘Administrative Controls,’’ Section 5.5, margin of safety is not reduced. 2. Does the proposed amendment create ‘‘Programs and Manuals,’’ by eliminating the Therefore, the proposed amendment does the possibility of a new or different kind of ‘‘Inservice Testing Program’’ specification. accident from any accident previously not involve a significant reduction in the Most requirements in the Inservice Testing margin of safety. evaluated? Program are removed, as they are duplicative Response: No. The NRC staff has reviewed the of requirements in the [American Society of TSTF 545, ‘‘TS Inservice Testing Program licensee’s analysis and, based on this Mechanical Engineers] (ASME) [Operation Removal & Clarify SR Usage Rule review, it appears that the three and Maintenance] (OM) Code, as clarified by Application to Section 5.5 Testing,’’ Revision standards of 10 CFR 50.92(c) are Code Case OMN–20, ‘‘Inservice Test 3: Frequency.’’ The remaining requirements in The proposed change does not alter the satisfied. Therefore, the NRC staff the Section 5.5 IST Program are eliminated proposes to determine that the design or configuration of the plant. The because the NRC has determined their proposed change does not involve a physical amendment request involves no inclusion in the TS is contrary to regulations. significant hazards consideration. alteration of the plant; no new or different A new defined term, ‘‘Inservice Testing kind of equipment will be installed. The Attorney for licensee: M. Stanford Program,’’ is added to the TS, which proposed change does not alter the types of Blanton, Balch & Bingham LLP, 1710 references the requirements of 10 CFR inservice testing performed. In most cases, 50.55a(f). Sixth Avenue, North, Birmingham, AL the frequency of inservice testing is Performance of inservice testing is not an 35203–2015. unchanged. However, the frequency of initiator to any accident previously NRC Branch Chief: Jennifer Dixon- testing would not result in a new or different evaluated. As a result, the probability of Herrity. kind of accident from any previously occurrence of an accident is not significantly evaluated since the testing methods are not affected by the proposed change. Inservice Tennessee Valley Authority, Docket altered. test frequencies under Code Case OMN–20 Nos. 50–259, 50–260, and 50–296, TSTF–299, ‘‘Administrative Controls are equivalent to the current testing period Browns Ferry Nuclear Plant (BFN), Program 5.5.2.b Test Interval and Exception,’’ allowed by the TS with the exception that Revision 0: Units 1, 2, and 3, Limestone County, testing frequencies greater than 2 years may Alabama be extended by up to 6 months to facilitate The proposed change affects only the interval at which system leak tests are Date of amendment request: January test scheduling and consideration of plant operating conditions that may not be suitable performed; they do not alter the design or 17, 2017. A publicly-available version is physical configuration of the plant. No in ADAMS under Accession No. for performance of the required testing. The testing frequency extension will not affect the changes are being made to BFN Units 1, 2, ML17018A149. ability of the components to mitigate any or 3 that would introduce any new accident Description of amendment request: accident previously evaluated as the causal mechanisms. The amendments would revise the components are required to be operable Therefore, the proposed changes do not Technical Specifications (TSs) to during the testing period extension. create the possibility of a new or different eliminate the ‘‘Inservice Testing Performance of inservice tests utilizing the kind of accident from any previously Program,’’ contained in TS Section 5.5.6 allowances in OMN–20 will not significantly evaluated. 3. Does the proposed amendment involve and replace the program with a new affect the reliability of the tested components. As a result, the availability of a significant reduction in a margin of safety? defined term, ‘‘Inservice Testing Response: No. Program,’’ in the TS Definitions section. the affected components, as well as their ability to mitigate the consequences of TSTF 545, ‘‘TS Inservice Testing Program This revision would be consistent with accidents previously evaluated, is not Removal & Clarify SR Usage Rule Technical Specifications Task Force affected. Application to Section 5.5 Testing,’’ Revision (TSTF) Traveler TSTF–545, Revision 3, TSTF–299, ‘‘Administrative Controls 3: ‘‘TS Inservice Testing Program Removal Program 5.5.2.b Test Interval and Exception,’’ The proposed change eliminates some & Clarify SR Usage Rule Application to Revision 0: requirements from the TS in lieu of Section 5.5 Testing.’’ Additionally, The proposed change affects only the requirements in the ASME Code, as modified interval at which system leak tests are by use of Code Case OMN–20. Compliance Tennessee Valley Authority requested with the ASME Code is required by 10 CFR implementation of TSTF–299, Revision performed, not the effectiveness of the system leak test requirements. Revising the 50.55a. The proposed change also allows 0, ‘‘Administrative Controls Program system leak test requirements from ‘‘at inservice tests with frequencies greater than 5.5.2.b Test Interval and Exception,’’ refueling cycle intervals or less’’ to ‘‘at least 2 years to be extended by 6 months to which clarifies the intent of refueling once per 24 months’’ is considered to be an facilitate test scheduling and consideration of cycle intervals with respect to the administrative change because BFN Units 1, plant operating conditions that may not be system leak test requirements (i.e., 24 2, and 3 operate on 24-month fuel cycles. suitable for performance of the required month intervals) and would add the Incorporation of the allowance to extend the testing. The testing frequency extension will following sentence, ‘‘The provisions of 24-month interval by 25%, as allowed by not affect the ability of the components to respond to an accident as the components are SR 3.0.2 are applicable,’’ to TS 5.5.2. Surveillance Requirement (SR) 3.0.2, does not significantly degrade the reliability that required to be operable during the testing Basis for proposed no significant results from performing the Surveillance at period extension. The proposed change will hazards consideration determination: its specified Frequency. eliminate the existing TS SR 3.0.3 allowance As required by 10 CFR 50.91(a), the Test intervals are not considered as to defer performance of missed inservice tests licensee has provided its analysis of the initiators of any accident previously up to the duration of the specified testing issue of no significant hazards evaluated. As a result, the probability of any frequency, and instead will require an

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assessment of the missed test on equipment amendments satisfy the criteria for Duke Energy Florida, LLC (DEF), et al., operability. This assessment will consider categorical exclusion in accordance Docket No. 50–302, Crystal River Unit 3 the effect on a margin of safety (equipment with 10 CFR 51.22. Therefore, pursuant Nuclear Generating Plant (CR–3), Citrus operability). Should the component be County, Florida inoperable, the Technical Specifications to 10 CFR 51.22(b), no environmental provide actions to ensure that the margin of impact statement or environmental Date of amendment request: May 25, safety is protected. The proposed change also assessment need be prepared for these 2016. eliminates a statement that nothing in the amendments. If the Commission has Brief description of amendment: The ASME Code should be construed to prepared an environmental assessment amendment approved the Independent supersede the requirements of any TS. The under the special circumstances NRC has determined that statement to be Spent Fuel Storage Installation (ISFSI)- provision in 10 CFR 51.22(b) and has Only Emergency Plan and ISFSI-Only incorrect. However, elimination of the made a determination based on that statement will have no effect on plant Emergency Action Level Bases Manual, operation or safety. assessment, it is so indicated. Revision 0, for the CR–3 SAFSTOR TSTF–299, ‘‘Administrative Controls For further details with respect to the Period with Spent Fuel on Site. Program 5.5.2.b Test Interval and Exception,’’ action see (1) the applications for Date of issuance: March 22, 2017. Revision 0: amendment, (2) the amendment, and (3) Effective date: As of the date Duke The proposed change does not change the the Commission’s related letter, Safety Energy Florida, LLC submits written design or function of plant equipment. The Evaluation, and/or Environmental proposed change does not significantly notification that all spent nuclear fuel Assessment as indicated. All of these has been transferred from the spent fuel reduce the level of assurance that any plant items can be accessed as described in equipment will be available to perform its pool to the ISFSI and shall be function. The proposed change provides the ‘‘Obtaining Information and implemented within 60 days. operating flexibility without significantly Submitting Comments’’ section of this Amendment No.: 253. A publicly- affecting plant operation. document. available version is in ADAMS under Therefore, the proposed changes do not Accession No. ML17048A473; involve a significant reduction in a margin of Duke Energy Carolinas, LLC, Docket safety. Nos. 50–369 and 50–370, McGuire documents related to this amendment Nuclear Station, Units 1 and 2, are listed in the Safety Evaluation The NRC staff has reviewed the Mecklenburg County, North Carolina enclosed with the amendment. licensee’s analysis and, based on this Facility Operating License No. DPR– review, it appears that the three Date of amendment request: June 30, 2016, as supplemented by letter dated 72: This amendment revises the Facility standards of 10 CFR 50.92(c) are Operating License. satisfied. Therefore, the NRC staff December 8, 2016. Brief description of amendments: The Date of initial notice in Federal proposes to determine that the Register: July 19, 2016 (81 FR 46961). amendment request involves no amendments modified the McGuire Nuclear Station, Units 1 and 2, The Commission’s related evaluation significant hazards consideration. of the amendment is contained in a Attorney for licensee: General Technical Specification 3.6.14, ‘‘Divider Safety Evaluation dated March 22, 2017. Counsel, Tennessee Valley Authority, Barrier Integrity,’’ to revise Condition D No significant hazards consideration 400 West Summit Hill Dr., WT 6A, to allow either one steam generator comments received: No. Knoxville, TN 37902. enclosure hatch or pressurizer enclosure NRC Branch Chief: Benjamin G. hatch to be open for up to 48 hours. Entergy Nuclear Operations, Inc., Beasley. Date of issuance: March 27, 2017. Docket No. 50–333, James A. FitzPatrick Effective date: As of the date of III. Notice of Issuance of Amendments Nuclear Power Plant, Oswego County, issuance and shall be implemented New York to Facility Operating Licenses and within 90 days of issuance. Combined Licenses Amendment Nos.: 294 (Unit 1) and Date of amendment request: August During the period since publication of 273 (Unit 2). A publicly available 18, 2016, as supplemented by letter the last biweekly notice, the version is in ADAMS under Accession dated November 29, 2016. Commission has issued the following No. ML17060A481; documents related Brief description of amendment: The amendments. The Commission has to these amendments are listed in the amendment modified the Renewed determined for each of these Safety Evaluation enclosed with the Facility Operating License to reflect the amendments that the application amendments. license transfer from Entergy Nuclear complies with the standards and Renewed Facility Operating License FitzPatrick, LLC and Entergy Nuclear requirements of the Atomic Energy Act Nos. NPF–9 and NPF–17: Amendments Operations, Inc. to Exelon Generation of 1954, as amended (the Act), and the revised the Facility Operating Licenses Company, LLC. Commission’s rules and regulations. and Technical Specifications. Date of issuance: March 31, 2017. The Commission has made appropriate Date of initial notice in Federal Effective date: As of the date of findings as required by the Act and the Register: January 3, 2017 (83 FR 158). issuance and shall be implemented Commission’s rules and regulations in The supplemental letter dated December within 30 days of issuance. 10 CFR chapter I, which are set forth in 8, 2016, provided additional Amendment No.: 314. A publicly- the license amendment. information that clarified the available version is in ADAMS under A notice of consideration of issuance application, did not expand the scope of Accession No. ML17082A283. of amendment to facility operating the application as originally noticed, Renewed Facility Operating License license or combined license, as and did not change the staff’s original No. DPR–59: Amendment revised the applicable, proposed no significant proposed no significant hazards Renewed Facility Operating License. hazards consideration determination, consideration determination as Date of initial notice in Federal and opportunity for a hearing in published in the Federal Register. Register: September 15, 2016 (81 FR connection with these actions, was The Commission’s related evaluation 63500). The supplemental letter dated published in the Federal Register as of the amendments is contained in a November 29, 2016, provided additional indicated. Safety Evaluation dated March 27, 2017. information that clarified the Unless otherwise indicated, the No significant hazards consideration application, did not expand the scope of Commission has determined that these comments received: No. the application as originally noticed,

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and did not change the staff’s original Exelon Generation Company, LLC and minimum critical power ratio. The proposed no significant hazards PSEG Nuclear LLC, Docket Nos. 50–277 changes result from a cycle-specific consideration determination as and 50–278, Peach Bottom Atomic analysis performed to support the published in the Federal Register. Power Station, Units 2 and 3, York and operation of Limerick Generating The Commission’s related evaluation Lancaster Counties, Pennsylvania Station, Unit 2, in the upcoming Cycle of the amendment is contained in a Date of amendment request: 15. Date of issuance: March 29, 2017. Safety Evaluation dated March 31, 2017. November 4, 2016, as supplemented by Effective date: Shall be implemented letters dated December 7, 2016, and prior to startup from the spring 2017 Entergy Operations, Inc., Docket No. 50– March 13, 2017. refueling outage. 368, Arkansas Nuclear One, Unit 2, Brief description of amendments: The Amendment No.: 186. A publicly- Pope County, Arkansas amendments revised the Allowable available version is in ADAMS under Value for the Turbine Condenser—Low Date of amendment request: March Accession No. ML17024A089; Vacuum scram function specified in 25, 2016, as supplemented by letter documents related to this amendment Technical Specification Table 3.3.1.1–1, dated December 7, 2016. are listed in the Safety Evaluation ‘‘Reactor Protection System Brief description of amendment: The enclosed with the amendment. Instrumentation.’’ Renewed Facility Operating License amendment deleted Technical Date of issuance: April 3, 2017. Specification (TS) 6.5.8, ‘‘Inservice No. NPF–85: Amendment revised the Effective dates: For Unit 2, the Renewed Facility Operating License and Testing Program.’’ A new defined term, amendment is effective as of its date of ‘‘Inservice Testing Program,’’ is added to Technical Specifications. issuance and shall be implemented Date of initial notice in Federal TS Section 1.0, ‘‘Definitions.’’ Also, prior to startup from refueling outage Register: February 7, 2017 (82 FR existing uses of the term ‘‘Inservice P2R22, which is scheduled for 9605). Testing Program’’ in the TSs are completion in the fall of 2018. For Unit The Commission’s related evaluation capitalized throughout to indicate that it 3, the amendment is effective as of its of the amendment is contained in a is now a defined term. The NRC staff date of issuance and shall be Safety Evaluation dated March 29, 2017. has concluded that the amendment is implemented prior to startup from No significant hazards consideration consistent with Technical Specifications refueling outage P3R21, which is comments received: No. Task Force (TSTF) Traveler TSTF–545, scheduled for completion in the fall of Revision 3, ‘‘TS Inservice Testing 2017. Florida Power & Light Company, et al., Program Removal & Clarify SR Usage Amendments Nos.: 312 (Unit 2) and Docket No. 50–389, St. Lucie Plant, Unit Rule Application to Section 5.5 316 (Unit 3). A publicly-available No. 2, St. Lucie County, Florida Testing,’’ which was made available to version is in ADAMS under Accession Date of amendment request: June 21, the TSTF by NRC letter dated December No. ML17052A692; documents related 2016, as supplemented by letter dated 11, 2015 (ADAMS Accession No. to these amendments are listed in the December 5, 2016. ML15317A071). Safety Evaluation enclosed with the Brief description of amendment: The amendments. Date of issuance: March 29, 2017. amendment updated the Technical Renewed Facility Operating License Specifications to revise the emergency Effective date: As of the date of Nos. DPR–44 and DPR–56: The diesel generator engine-mounted fuel issuance and shall be implemented amendments revised the Renewed tank minimum volume from 200 gallons within 90 days of issuance. Facility Operating Licenses and of fuel each to 238 gallons of fuel each. Amendment No.: 305. A publicly- Technical Specifications. Date of issuance: March 29, 2017. available version is in ADAMS under Date of initial notice in Federal Effective date: As of the date of Accession No. ML16215A371; Register: January 3, 2017 (82 FR 159). issuance and shall be implemented documents related to this amendment The supplemental letter dated March within 90 days of issuance. are listed in the Safety Evaluation 13, 2017, provided additional Amendment No.: 188. A publicly- enclosed with the amendment. information that clarified the available version is in ADAMS under application, did not expand the scope of Accession No. ML17038A225; Renewed Facility Operating License the application as originally noticed, documents related to this amendment No. DPR–51: Amendment revised the and did not change the staff’s original are listed in the Safety Evaluation Renewed Facility Operating License and proposed no significant hazards enclosed with the amendment. TSs. consideration determination as Renewed Facility Operating License Date of initial notice in Federal published in the Federal Register. No. NPF–16: Amendment revised the Register: June 7, 2016 (81 FR 36618). The Commission’s related evaluation Renewed Facility Operating License and The supplemental letter dated December of the amendments is contained in a Appendix A. 7, 2016, provided additional Safety Evaluation dated April 3, 2017. Date of initial notice in Federal information that clarified the No significant hazards consideration Register: August 2, 2016 (81 FR 50733). application, did not expand the scope of comments received: No. The supplemental letter dated December the application as originally noticed, 5, 2016, provided additional Exelon Generation Company, LLC, information that clarified the and did not change the NRC staff’s Docket No. 50–353, Limerick Generating original proposed no significant hazards application, did not expand the scope of Station, Unit 2, Montgomery County, the application as originally noticed, consideration determination as Pennsylvania published in the Federal Register. and did not change the staff’s original Date of amendment request: proposed no significant hazards The Commission’s related evaluation December 16, 2016. consideration determination as of the amendment is contained in a Brief description of amendment: The published in the Federal Register. Safety Evaluation dated March 29, 2017. amendment revised the Limerick The Commission’s related evaluation No significant hazards consideration Generating Station, Unit 2, Technical of the amendment is contained in a comments received: No. Specifications related to the safety limit Safety Evaluation dated March 29, 2017.

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No significant hazards consideration Brief description of amendment: The Effective date: As of the date of comments received: No. amendment revised the Cooper Nuclear issuance and shall be implemented Station Technical Specifications by within 60 days of issuance. Indiana Michigan Power Company, relocating specific surveillance Amendment No.: 299. A publicly- Docket Nos. 50–315 and 50–316, Donald frequencies to a licensee-controlled available version is in ADAMS under C. Cook Nuclear Plant, Unit Nos. 1 and program consistent with the NRC- Accession No. ML17072A232; 2, Berrien County, Michigan approved Technical Specifications Task documents related to this amendment Date of amendment request: Force (TSTF) Improved Standard are listed in the Safety Evaluation November 19, 2015, as supplemented by Technical Specifications Change enclosed with the amendment. letter dated February 4, 2016, two letters Traveler TSTF–425, Revision 3, Renewed Facility Operating License dated June 16, 2016, and letters dated ‘‘Relocate Surveillance Frequencies to No. DPR–49: The amendment revised September 9, 2016, and November 3, Licensee Control—RITSTF [Risk- the TSs. 2016. Informed TSTF] Initiative 5b’’ (ADAMS Date of initial notice in Federal Brief description of amendments: The Accession No. ML090850642). Register: July 5, 2016 (81 FR 43665). amendments revised the Donald C. Cook Date of issuance: March 31, 2017. The supplemental letters dated Nuclear Plant, Units 1 and 2, Technical Effective date: As of the date of September 21, 2016, and December 27, Specifications by relocating specific issuance and shall be implemented 2016, provided additional information surveillance frequencies to a licensee- within 60 days of issuance. that clarified the application, did not expand the scope of the application as controlled program consistent with the Amendment No.: 258. A publicly- originally noticed, and did not change NRC-approved Technical Specifications available version is in ADAMS under the staff’s original proposed no Task Force (TSTF) Improved Standard Accession No. ML17061A050; significant hazards consideration Technical Specifications Change documents related to this amendment determination as published in the Traveler TSTF–425, Revision 3, are listed in the Safety Evaluation Federal Register. ‘‘Relocate Surveillance Frequencies to enclosed with the amendment. Licensee Control—RITSTF Initiative The Commission’s related evaluation Renewed Facility Operating License 5b.’’ of the amendment is contained in a No. DPR–46: Amendment revised the Date of issuance: March 31, 2017. Safety Evaluation dated March 30, 2017. Facility Operating License and Effective date: The amendments are No significant hazards consideration Technical Specifications. effective as of the date of issuance and comments received: No. Federal shall be implemented within 120 days Date of initial notice in Register NextEra Energy Duane Arnold, LLC, of issuance. : May 24, 2016 (81 FR 32807). The two supplemental letters dated Docket No. 50–331, Duane Arnold Amendment Nos.: 334 (Unit 1) and December 7, 2016, provided additional Energy Center, Linn County, Iowa 316 (Unit 2). A publicly-available information that clarified the version is in ADAMS under Accession NextEra Energy Point Beach, LLC, application, did not expand the scope of No. ML17045A150; documents related Docket Nos. 50–266 and 50–301, Point the application as originally noticed, to these amendments are listed in the Beach Nuclear Plant, Units 1 and 2, and did not change the staff’s original Safety Evaluation enclosed with the Town of Two Creeks, Manitowoc proposed no significant hazards amendments. County, Wisconsin consideration determination as Renewed Facility Operating License NextEra Energy Seabrook, LLC, Docket published in the Federal Register. Nos. DPR–58 and DPR–74: The No. 50–443, Seabrook Station, Unit No. amendments revised the Renewed The Commission’s related evaluation 1, Rockingham County, New Hampshire Facility Operating Licenses and of the amendment is contained in a Safety Evaluation dated March 31, 2017. Florida Power & Light Company, et al., Technical Specifications. Docket Nos. 50–335 and 50–389, St. Date of initial notice in Federal No significant hazards consideration comments received: No. Lucie Plant, Unit Nos. 1 and 2, St. Lucie Register: January 19, 2016 (81 FR County, Florida 2918). The supplemental letters dated NextEra Energy Duane Arnold, LLC, Florida Power & Light Company, Docket February 4, 2016, two letters dated June Docket No. 50–331, Duane Arnold Nos. 50–250 and 50–251, Turkey Point 16, 2016, and letters dated September 9, Energy Center, Linn County, Iowa 2016, and November 3, 2016, provided Nuclear Generating Unit Nos. 3 and 4, additional information that clarified the Date of amendment request: March Miami-Dade County, Florida application, did not expand the scope of 15, 2016, as supplemented by letters Date of amendment request: July 28, the application as originally noticed, dated September 21, 2016, and 2016, as supplemented by letter dated and did not change the staff’s original December 27, 2016. December 15, 2016. proposed no significant hazards Brief description of amendment: The Brief description of amendments: The consideration determination as amendment revised the Duane Arnold amendments revised the Technical published in the Federal Register. Energy Center Technical Specification Specifications consistent with Technical The Commission’s related evaluation (TS) 4.3.1, ‘‘Fuel Storage, Criticality,’’ Specification Task Force (TSTF) of the amendment is contained in a and TS 4.3.3, ‘‘Fuel Storage, Capacity,’’ Traveler TSTF–545, Revision 3, ‘‘TS Safety Evaluation dated March 31, 2017. to ensure that spent fuel pool maintains Inservice Testing Program Removal & No significant hazards consideration compliance with NRC subcriticality Clarify SR Usage Rule Application to comments received: No. requirements for the storage racks Section 5.5 Testing’’ (ADAMS manufactured by Programmed and Accession No. ML15294A555). Nebraska Public Power District, Docket Remote Systems Corporation (PaR). The Date of issuance: April 7, 2017. No. 50–298, Cooper Nuclear Station amendment also adds a new Effective date: As of the date of (CNS), Nemaha County, Nebraska requirement in TS 5.5, ‘‘Program and issuance and shall be implemented Date of amendment request: March Manuals,’’ for a spent fuel pool neutron within 120 days of issuance. 22, 2016, as supplemented by two absorber monitoring program. Amendment Nos: 300, 259, 263, 154, letters dated December 7, 2016. Date of issuance: March 30, 2017. 238, 189, 274, and 269. A publicly-

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available version is in ADAMS under South Carolina Electric & Gas Company, and control room ceilings; and the Accession No. ML17027A078; Docket Nos. 52–027 and 52–028, Virgil location of heating, ventilation, and air documents related to these amendments C. Summer Nuclear Station, Units 2 and conditioning ducts in the main control are listed in the Safety Evaluation 3, Fairfield County, South Carolina room floor, as well as the number of enclosed with the amendments. Date of amendment request: July 11, supporting steel plates. General changes Facility or Renewed Facility Operating 2016. include various notes that explain the License Nos. DPR–49, DPR–24, DPR–27, Brief description of amendments: The extent of variations in the specific NPF–86, DPR–67, NPF–16, DPR–31, and amendments authorized changes to the design of these structures. Date of issuance: March 28, 2017. DPR–41: Amendments revised the Virgil C. Summer Nuclear Station, Units Effective date: As of the date of Facility or Renewed Facility Operating 2 and 3, Updated Final Safety Analysis issuance and shall be implemented Licenses and Technical Specifications. Report in the form of departures from within 30 days of issuance. Date of initial notice in Federal the incorporated plant-specific Design Register: October 11, 2016 (81 FR Amendment Nos.: 67. A publicly- Control Document Tier 2 information available version is in ADAMS under 70180). The supplemental letter dated and involves changes to Combined December 15, 2016, provided additional Accession No. ML17040A104; License Appendix A Technical documents related to these amendments information that clarified the Specifications and associated Bases. The application, did not expand the scope of are listed in the Safety Evaluation changes add compensation to the enclosed with the amendments. the application as originally noticed, reactor coolant flow input signal to the and did not change the staff’s original Facility Combined Licenses No. NPF– Reactor Trip System instrumentation for 93 and NPF–94: Amendments revised proposed no significant hazards the low reactor coolant flow reactor trip consideration determination as the Facility Combined Licenses. function and add Technical Date of initial notice in Federal published in the Federal Register. Specification Surveillance Requirement Register: August 2, 2016 (81 FR 50729). The Commission’s related evaluation 3.3.1.3 to the surveillances required for By letter dated August 16, 2016, the of the amendments is contained in a the Reactor Coolant Flow-Low reactor licensee provided additional Safety Evaluation dated April 7, 2017. trip. information that expanded the scope of No significant hazards consideration Date of issuance: March 20, 2017. the amendment request as originally comments received: No. Effective date: As of the date of noticed in the Federal Register. Omaha Public Power District, Docket issuance and shall be implemented Accordingly, the NRC published a No. 50–285, Fort Calhoun Station, Unit within 30 days of issuance. second proposed no significant hazards No. 1 (FCS), Washington County, Amendment Nos.: 65. A publicly- consideration determination in the Nebraska available version is in ADAMS under Federal Register on September 2, 2016 Accession No. ML17040A224; (81 FR 60749), which superseded the Date of amendment request: documents related to these amendments original notice in its entirety. The November 18, 2016. are listed in the Safety Evaluation supplemental letters dated October 16, Brief description of amendment: The enclosed with the amendments. 2016, and December 21, 2016, provided amendment deleted License Condition Facility Combined Licenses No. NPF– additional information that clarified the 3.D, ‘‘Fire Protection Program,’’ which 93 and NPF–94: Amendments revised application, did not expand the scope of requires that FCS implement and the Facility Combined Licenses. the application request as noticed on maintain a fire protection program that Date of initial notice in Federal September 2, 2016, and did not change complies with the requirements of 10 Register: August 16, 2016 (81 FR the staff’s proposed no significant CFR 50.48(a) and 10 CFR 50.48(c). Since 54610). hazards consideration determination as power operations are terminated at FCS The Commission’s related evaluation published in the Federal Register on and the reactor is permanently defueled, of the amendments is contained in a September 2, 2016. FCS will maintain a fire protection Safety Evaluation dated March 20, 2017. The Commission’s related evaluation program in accordance with 10 CFR No significant hazards consideration of the amendments is contained in a 50.48(f). comments received: No. Safety Evaluation dated March 28, 2017. Date of issuance: April 7, 2017. South Carolina Electric & Gas Company, No significant hazards consideration Effective date: As of the date of comments received: No. issuance and shall be implemented Docket Nos. 52–027 and 52–028, Virgil within 90 days from the date of C. Summer Nuclear Station, Units 2 and Southern Nuclear Operating Company, issuance. 3, Fairfield County, South Carolina Docket Nos. 52–025 and 52–026, Vogtle Amendment No.: 290. A publicly- Date of amendment request: June 16, ElectricGenerating Plant, Units 3 and 4, available version is in ADAMS under 2016, as revised by letters dated July 7, Burke County, Georgia Accession No. ML17053A099; 2016; August 16, 2016; and October 24, Date of amendment request: June 14, documents related to this amendment 2016, and as supplemented by letter 2016, as revised by letters dated July 1, are listed in the Safety Evaluation dated December 21, 2016. 2016; August 12, 2016; and October 12, enclosed with the amendment. Brief description of amendments: The 2016, and as supplemented by letter Renewed Facility Operating License amendments authorized changes to the dated December 16, 2016. No. DPR–40: The amendment revised Virgil C. Summer Nuclear Station, Units Brief description of amendments: The the License Condition. 2 and 3, Updated Final Safety Analysis amendments authorized changes to the Date of initial notice in Federal Report in the form of departures from Vogtle Electric Generating Plant, Units 3 Register: January 17, 2017 (82 FR the incorporated plant-specific Design and 4, Updated Final Safety Analysis 4931). Control Document Tier 2* and Tier 2 Report in the form of departures from The Commission’s related evaluation information. The changes are related to the incorporated plant specific Design of the amendment is contained in a the design of selected auxiliary building Control Document Tier 2* and Tier 2 Safety Evaluation dated April 7, 2017. floors, including finned floors, CA20 information. The changes are related to No significant hazards consideration module floors, and precast panel floors; the design of selected auxiliary building comments received: No. main control room and instrumentation floors, including finned floors, CA20

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module floors, and precast panel floors; 2017, which allows these SRs to be Facility Operating License Nos. NPF– main control room and instrumentation performed during the first refueling 90 and NPF–96: The amendments and control room ceilings; and the outage for the Watts Bar Nuclear Plant, revised the Facility Operating Licenses location of heating, ventilation, and air Unit 2. and TSs. conditioning ducts in the main control Date of issuance: April 7, 2017. Date of initial notice in Federal room floor, as well as the number of Effective date: As of the date of Register: August 2, 2016 (81 FR 50740). supporting steel plates. General changes issuance and shall be implemented The Commission’s related evaluation include various notes that explain the within 7 days of issuance. of the amendment is contained in a extent of variations in the specific Amendment No.: 10. A publicly- Safety Evaluation dated March 28, 2017. design of these structures. available version is in ADAMS under No significant hazards consideration Date of issuance: March 27, 2017. Accession No. ML17074A501; comments received: No. Effective date: As of the date of documents related to this amendment Dated at Rockville, Maryland, this 13th day issuance and shall be implemented are listed in the Safety Evaluation of April 2017. within 30 days of issuance. enclosed with the amendment. For the Nuclear Regulatory Commission. Amendment Nos.: 75 (Unit 3) and 74 Facility Operating License No NPF– Eric J. Benner, (Unit 4). A publicly-available version is 96: Amendment revised the Facility Deputy Director, Division of Operating in ADAMS under Accession No. Operating License and Technical Reactor Licensing, Office of Nuclear Reactor ML17037D024; documents related to Specifications. Regulation. these amendments are listed in the Date of initial notice in Federal [FR Doc. 2017–08115 Filed 4–24–17; 8:45 am] Safety Evaluation enclosed with the Register: January 17, 2017 (82 FR BILLING CODE 7590–01–P amendments. 4932). The supplemental letter dated Facility Combined Licenses No. NPF– February 16, 2017, provided additional 91 and NPF–92: Amendments revised information that clarified the NUCLEAR REGULATORY the Facility Combined Licenses. application, did not expand the scope of COMMISSION Date of initial notice in Federal the application as originally noticed, Register: August 2, 2016 (81 FR 50738). and did not change the staff’s original Advisory Committee on Reactor By letter dated August 12, 2016, the proposed no significant hazards Safeguards (ACRS) Meeting of the licensee provided additional consideration determination as ACRS Subcommittee on Power information that expanded the scope of published in the Federal Register. Uprates; Notice of Meeting the amendment request as originally noticed in the Federal Register. The Commission’s related evaluation The ACRS Subcommittee on Power Accordingly, the NRC published a of the amendment is contained in a Uprates will hold a meeting on May 3, second proposed no significant hazards Safety Evaluation dated April 7, 2017. 2017, at 11545 Rockville Pike, Room T– consideration determination in the No significant hazards consideration 2B1, Rockville, Maryland 20852. Federal Register on September 13, 2016 comments received. No. The meeting will be open to public (81 FR 62932), which superseded the Tennessee Valley Authority, Docket attendance with the exception of original notice in its entirety. The Nos. 50–390 and 50–391, Watts Bar portions that may be closed to protect supplemental letters dated October 12, Nuclear Plant (WBN), Units 1 and 2, information that is proprietary pursuant 2016, and December 16, 2016, provided Rhea County, Tennessee to 5 U.S.C. 552b(c)(4). The agenda for additional information that clarified the the subject meeting shall be as follows: Date of amendment request: June 7, application, did not expand the scope of 2016. Wednesday, May 3, 2017—8:30 a.m. the application request as noticed on Brief description of amendments: The Until 5:00 p.m. September 13, 2016, and did not change amendments revised an expired the staff’s proposed no significant The Subcommittee will review the footnote in WBN, Unit 1, Technical hazards consideration determination as Safety Evaluation Report associated Specification (TS) 3.7.11, and corrects published in the Federal Register on with the Browns Ferry extended power several editorial inconsistencies in the September 13, 2016. uprate application. The Subcommittee The Commission’s related evaluation TS Applicability statements for WBN, will hear presentations by and hold of the amendments is contained in a Units 1 and 2. Additionally, WBN, Unit discussions with the NRC staff and Safety Evaluation dated March 27, 2017. 2, TS 3.7.10, Actions, are amended to other interested persons regarding this No significant hazards consideration include a new TS Condition, which matter. The Subcommittee will gather comments received: No. specifies shutdown Required Actions information, analyze relevant issues and and associated Completion Time when facts, and formulate proposed positions Tennessee Valley Authority, Docket No. TS Condition E is not met (i.e., two and actions, as appropriate, for 50–391, Watts Bar Nuclear Plant, Unit 2, CREVS [control room emergency deliberation by the Full Committee. Rhea County, Tennessee ventilation system] trains are inoperable Members of the public desiring to Date of amendment request: for longer than allowed due to actions provide oral statements and/or written November 23, 2016, as supplemented by taken because of a tornado warning). comments should notify the Designated letter dated February 16, 2017. Date of issuance: March 28, 2017. Federal Official (DFO), Weidong Wang Brief description of amendment: The Effective date: As of the date of (Telephone 301–415–6279 or Email: amendment revised Technical issuance and shall be implemented [email protected]) five days prior Specification Surveillance Requirement within 60 days of issuance. to the meeting, if possible, so that (SR) 3.0.2 to extend, on a one-time basis, Amendment Nos.: 112 (Unit 1) and 9 appropriate arrangements can be made. SRs listed in Attachments 8, 10, and 11 (Unit 2). A publicly-available version is Thirty-five hard copies of each to Enclosure 1 of the application that are in ADAMS under Accession No. presentation or handout should be normally performed on an 18-month ML16330A347; documents related to provided to the DFO thirty minutes frequency in conjunction with a these amendments are listed in the before the meeting. In addition, one refueling outage. The change extends Safety Evaluation enclosed with the electronic copy of each presentation the due date for these SRs to October 31, amendments. should be emailed to the DFO one day

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before the meeting. If an electronic copy Wednesday, May 3, 2017—12:00 p.m. NUCLEAR REGULATORY cannot be provided within this Until 1:00 p.m. COMMISSION timeframe, presenters should provide the DFO with a CD containing each The Subcommittee will discuss Advisory Committee on Reactor presentation at least thirty minutes proposed ACRS activities and related Safeguards (ACRS); Meeting of the before the meeting. Electronic matters. The Subcommittee will gather ACRS Subcommittee on Reliability and recordings will be permitted only information, analyze relevant issues and Probabilistic Risk Assessment; Notice during those portions of the meeting facts, and formulate proposed positions of Meeting and actions, as appropriate, for that are open to the public. Detailed The ACRS Subcommittee on deliberation by the Full Committee. procedures for the conduct of and Reliability and Probabilistic Risk participation in ACRS meetings were Members of the public desiring to Assessment will hold a meeting on May published in the Federal Register on provide oral statements and/or written 2, 2017, at 11545 Rockville Pike, Room October 17, 2016, (81 FR 71543). comments should notify the Designated T–2B1, Rockville, Maryland 20852. Detailed meeting agendas and meeting Federal Official (DFO), Quynh Nguyen The meeting will be open to public transcripts are available on the NRC (Telephone 301–415–5844 or Email: attendance with the exception of Web site at http://www.nrc.gov/reading- [email protected]) five days prior portions that may be closed to protect rm/doc-collections/acrs. Information to the meeting, if possible, so that information that is proprietary pursuant regarding topics to be discussed, arrangements can be made. Thirty-five to 5 U.S.C. 552b(c)(4). The agenda for changes to the agenda, whether the hard copies of each presentation or the subject meeting shall be as follows: meeting has been canceled or handout should be provided to the DFO Tuesday, May 2, 2017—8:30 a.m. Until rescheduled, and the time allotted to thirty minutes before the meeting. In 5:00 p.m. addition, one electronic copy of each present oral statements can be obtained The Subcommittee will review the presentation should be emailed to the from the Web site cited above or by Level 3 PRA and will hear presentations contacting the identified DFO. DFO one day before the meeting. If an by and hold discussions with the NRC Moreover, in view of the possibility that electronic copy cannot be provided staff and other interested persons the schedule for ACRS meetings may be within this timeframe, presenters regarding this matter. The adjusted by the Chairman as necessary should provide the DFO with a CD Subcommittee will gather information, to facilitate the conduct of the meeting, containing each presentation at least analyze relevant issues and facts, and persons planning to attend should check thirty minutes before the meeting. formulate proposed positions and with these references if such Electronic recordings will be permitted actions, as appropriate, for deliberation rescheduling would result in a major only during those portions of the by the Full Committee. inconvenience. meeting that are open to the public. Members of the public desiring to If attending this meeting, please enter Detailed procedures for the conduct of provide oral statements and/or written through the One White Flint North and participation in ACRS meetings comments should notify the Designated building, 11555 Rockville Pike, were published in the Federal Register Federal Official (DFO), Christiana Lui Rockville, Maryland 20852. After on October 17, 2016, (81 FR 71543). (Telephone 301–415–2492 or Email registering with Security, please contact Information regarding changes to the [email protected]) five days prior Mr. Theron Brown (Telephone 240– agenda, whether the meeting has been to the meeting, if possible, so that appropriate arrangements can be made. 888–9835) to be escorted to the meeting canceled or rescheduled, and the time Thirty-five hard copies of each room. allotted to present oral statements can presentation or handout should be Dated: April 19, 2017. be obtained by contacting the identified provided to the DFO thirty minutes Mark L. Banks, DFO. Moreover, in view of the before the meeting. In addition, one possibility that the schedule for ACRS Branch Chief, Technical Support Branch, electronic copy of each presentation meetings may be adjusted by the Advisory Committee on Reactor Safeguards. should be emailed to the DFO one day Chairman as necessary to facilitate the [FR Doc. 2017–08338 Filed 4–24–17; 8:45 am] before the meeting. If an electronic copy conduct of the meeting, persons cannot be provided within this BILLING CODE 7590–01–P planning to attend should check with timeframe, presenters should provide the DFO if such rescheduling would the DFO with a CD containing each NUCLEAR REGULATORY result in a major inconvenience. presentation at least thirty minutes COMMISSION If attending this meeting, please enter before the meeting. Electronic through the One White Flint North recordings will be permitted only Advisory Committee on Reactor building, 11555 Rockville Pike, during those portions of the meeting Safeguards (ACRS); Meeting of the Rockville, Maryland 20852. After that are open to the public. Detailed ACRS Subcommittee on Planning and registering with Security, please contact procedures for the conduct of and Procedures; Notice of Meeting Mr. Theron Brown at 240–888–9835 to participation in ACRS meetings were published in the Federal Register on be escorted to the meeting room. The ACRS Subcommittee on Planning October 17, 2016, (81 FR 71543). and Procedures will hold a meeting on Dated: April 19, 2017. Detailed meeting agendas and meeting May 3, 2017, 11545 Rockville Pike, Mark L. Banks, transcripts are available on the NRC Room T–2B3, Rockville, Maryland Chief, Technical Support Branch, Advisory Web site at http://www.nrc.gov/reading- 20852. Committee on Reactor Safeguards. rm/doc-collections/acrs. Information [FR Doc. 2017–08339 Filed 4–24–17; 8:45 am] regarding topics to be discussed, The meeting will be open to public changes to the agenda, whether the BILLING CODE 7590–01–P attendance. meeting has been canceled or The agenda for the subject meeting rescheduled, and the time allotted to shall be as follows: present oral statements can be obtained

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from the Web site cited above or by INFORMATION CONTACT section of this ASTM International standards. ASTM contacting the identified DFO. document. International, standard D 5144–08 Moreover, in view of the possibility that • NRC’s Agencywide Documents (2016) was issued in 2008 to provide a the schedule for ACRS meetings may be Access and Management System common basis on which protective adjusted by the Chairman as necessary (ADAMS): You may obtain publicly coatings for the surfaces of nuclear to facilitate the conduct of the meeting, available documents online in the power generating facilities may be persons planning to attend should check ADAMS Public Documents collection at qualified and selected through with these references if such http://www.nrc.gov/reading-rm/ reproducible evaluation tests. This rescheduling would result in a major adams.html. To begin the search, select revision also expands the scope of this inconvenience. ‘‘ADAMS Public Documents’’ and then RG to address aging management of If attending this meeting, please enter select ‘‘Begin Web-based ADAMS internal coatings and linings on through the One White Flint North Search.’’ For problems with ADAMS, components within the scope of license building, 11555 Rockville Pike, please contact the NRC’s Public renewal under part 54 of title 10 of the Rockville, Maryland 20852. After Document Room (PDR) reference staff at Code of Federal Regulations (10 CFR). registering with Security, please contact 1–800–397–4209, 301–415–4737, or by Copies of the ASTM International Mr. Theron Brown (Telephone 240– email to [email protected]. The standards identified in revision 3 of RG 888–9835) to be escorted to the meeting ADAMS accession number for each 1.54 are available for purchase from room. document referenced (if it is available in ASTM International, 100 Barr Harbor Dated: April 19, 2017. ADAMS) is provided the first time that Drive, P.O. Box C700, West Mark L. Banks, a document is referenced. Revision 3 of Conshohocken, Pennsylvania 19428– RG 1.54 and the regulatory analysis may Chief, Technical Support Branch, Advisory 2959; telephone: 610–832–9585. Committee on Reactor Safeguards. be found in ADAMS under Accession Purchase information is also available numbers ML17031A288 and [FR Doc. 2017–08340 Filed 4–24–17; 8:45 am] through the ASTM Web site at http:// ML16070A091 respectively. www.astm.org. BILLING CODE 7590–01–P • NRC’s PDR: You may examine and purchase copies of public documents at II. Additional Information NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One The NRC published a notice of the COMMISSION White Flint North, 11555 Rockville availability of DG–1331 in the Federal Pike, Rockville, Maryland 20852. Register on September 13, 2016, (81 FR Regulatory guides are not [NRC–2016–0192] 62935) for a 60-day public comment copyrighted, and the NRC’s approval is period. The public comment period Service Level I, II, III, and In-Scope not required to reproduce them. closed on November 14, 2016. Public License Renewal Protective Coatings FOR FURTHER INFORMATION CONTACT: comments on DG–1331 and the NRC’s Applied to Nuclear Power Plants Matthew G. Yoder, Office of Nuclear responses to the public comments are Reactor Regulation, telephone: 301– available in ADAMS under Accession AGENCY: Nuclear Regulatory 415–4017, email: Matthew.Yoder@ No. ML17031A299. Commission. nrc.gov; and Mark Orr, Office of Nuclear III. Congressional Review Act ACTION: Regulatory guide, issuance. Regulatory Research, telephone: 301– 415–6003, email: [email protected]. This regulatory guide is a rule as SUMMARY: The U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission, defined in the Congressional Review Commission (NRC) is issuing Revision 3 Washington, DC 20555–0001. Act (5 U.S.C. 801–808). However, the of Regulatory Guide (RG) 1.54, ‘‘Service SUPPLEMENTARY INFORMATION: Office of Management and Budget has Level I, II, III, and In-Scope License not found it to be a major rule as Renewal Protective Coatings Applied to I. Introduction defined in the Congressional Review Nuclear Power Plants.’’ This RG The NRC is issuing a revision to an Act. describes a method the staff of the U.S. existing guide in the NRC’s ‘‘Regulatory IV. Backfitting and Issue Finality Nuclear Regulatory Commission (NRC) Guide’’ series. This series was considers acceptable for the selection, developed to describe and make Revision 3 of RG 1.54 endorses, with application, qualification, inspection, available to the public information certain clarifications and exceptions, the and maintenance of protective coatings regarding methods that are acceptable to use of ASTM International Standard D applied to nuclear power plants (NPPs). the NRC staff for implementing specific 5144–08 (2016), ‘‘Standard Guide for DATES: Revision 3 of RG 1.54 is available parts of the agency’s regulations, Use of Protective Coating Standards in on April 25, 2017. techniques that the NRC staff uses in Nuclear Power Plants,’’ and multiple ADDRESSES: Please refer to Docket ID evaluating specific issues or postulated sub-tier ASTM International standards. NRC–2016–0192 when contacting the events, and data that the NRC staff The ASTM International Standard D NRC about the availability of needs in its review of applications for 5144–08 (2016) was issued to provide a information regarding this document. permits and licenses. common basis on which protective You may obtain publicly-available Revision 3 of RG 1.54 was issued with coatings for the surfaces of nuclear information related to this document a temporary identification of Draft power generating facilities may be using any of the following methods: Regulatory Guide, DG–1331. The qualified and selected through • Federal Rulemaking Web site: Go to purpose of issuing this RG is to endorse, reproducible evaluation tests. This http://www.regulations.gov and search with certain clarifications and revision also expands the scope to for Docket ID NRC–2016–0192. Address exceptions, the use of American Society include internal coatings and linings on questions about NRC dockets to Carol for Testing and Materials (ASTM components within the scope of license Gallagher; telephone: 301–415–3463; International) Standard D 5144–08 renewal. In addition, the NRC made email: [email protected]. For (2016), ‘‘Standard Guide for Use of some clarifications and format changes technical questions, contact the Protective Coating Standards in Nuclear that did not change the intent of the individuals listed in the FOR FURTHER Power Plants,’’ and multiple sub-tier guidance.

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RG 1.54 Revision 3 may be applied to The General Counsel of the FILING DATES: The application was filed current applications for operating Commission, or her designee, has on June 21, 2016, and amended on licenses, combined licenses, early site certified that, in her opinion, one or November 1, 2016. permits, and certified design rules more of the exemptions set forth in 5 HEARING OR NOTIFICATION OF HEARING: An docketed by the NRC as of the date of U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) order granting the application will be issuance of the final RG, as well as and 17 CFR 200.402(a)(3), (a)(5), (a)(7), issued unless the Commission orders a future applications submitted after the (a)(9)(ii) and (a)(10), permit hearing. Interested persons may request issuance of the RG. Such action would consideration of the scheduled matter at a hearing by writing to the not constitute backfitting as defined in the closed meeting. Commission’s Secretary and serving section 50.109(a)(1) of title 10 of the Commissioner Stein, as duty officer, Applicants with a copy of the request, Code of Federal Regulations (10 CFR), voted to consider the items listed for the personally or by mail. Hearing requests or be otherwise inconsistent with the closed meeting in closed session. should be received by the Commission applicable issue finality provision in 10 The subject matter of the closed by 5:30 p.m. on May 15, 2017, and CFR part 52. Neither the Backfit Rule meeting will be: should be accompanied by proof of nor the issue finality provisions under Institution and settlement of service on the Applicants, in the form 10 CFR part 52, with certain exclusions injunctive actions; of an affidavit or, for lawyers, a discussed below, were intended to Institution and settlement of certificate of service. Pursuant to rule 0– apply to every NRC action that administrative proceedings; 5 under the Act, hearing requests should substantially changes the expectations Adjudicatory matters; and state the nature of the writer’s interest, of current and future applicants. Other matters relating to enforcement any facts bearing upon the desirability The exceptions to this general proceedings. of a hearing on the matter, the reason for principle are applicable whenever a At times, changes in Commission the request, and the issues contested. combined license applicant references a priorities require alterations in the Persons who wish to be notified of a 10 CFR part 52 license (e.g., an early site scheduling of meeting items. hearing may request notification by permit) or NRC regulatory approval For further information and to writing to the Commission’s Secretary. ascertain what, if any, matters have been (e.g., a design certification rule) with ADDRESSES: Secretary, U.S. Securities added, deleted or postponed; please specified issue finality provisions. The and Exchange Commission, 100 F Street contact Brent J. Fields from the Office of NRC does not, at this time, intend to NE., Washington, DC 20549–1090. the Secretary at (202) 551–5400. impose the positions represented in Applicants, 4301 Wilson Boulevard, Revision 3 of RG 1.54 on combined Dated: April 20, 2017. Arlington, VA 22203. license applicants in a manner that is Brent J. Fields, FOR FURTHER INFORMATION CONTACT: inconsistent with any issue finality Secretary. Christine Y. Greenlees, Senior Counsel, provisions. If, in the future, the NRC [FR Doc. 2017–08393 Filed 4–21–17; 11:15 am] at (202) 551–6879, or Robert Shapiro, seeks to impose a position in Revision BILLING CODE 8011–01–P Branch Chief, at (202) 551–6821 3 of RG 1.54 in a manner that does not (Division of Investment Management, provide issue finality as described in the Chief Counsel’s Office). applicable issue finality provision, then SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: The the NRC must address the criteria for COMMISSION avoiding issue finality as described in following is a summary of the the applicable issue finality provision. [Investment Company Act Release No. application. The complete application 32602; 812–14664] may be obtained via the Commission’s Dated at Rockville, Maryland, this 19th day Web site by searching for the file of April 2017. Homestead Funds, Inc. and RE number, or an applicant using the For the Nuclear Regulatory Commission. Advisers Corporation Company name box, at http:// Thomas H. Boyce, www.sec.gov/search/search.htm or by April 19, 2017. Chief, Regulatory Guidance and Generic calling (202) 551–8090. Issues Branch, Division of Engineering, Office AGENCY: Securities and Exchange of Nuclear Regulatory Research. Commission (‘‘Commission’’). Summary of the Application [FR Doc. 2017–08363 Filed 4–24–17; 8:45 am] ACTION: Notice. 1. The Manager (as defined below) BILLING CODE 7590–01–P will serve as the investment adviser to Notice of an application under section the Funds 1 pursuant to an investment 6(c) of the Investment Company Act of advisory agreement with the 1940 (‘‘Act’’) for an exemption from SECURITIES AND EXCHANGE Corporation (the ‘‘Investment section 15(a) of the Act and rule 18f–2 Management Agreement’’).2 The COMMISSION under the Act. The requested exemption

would permit an investment adviser to 1 Sunshine Act Meeting One of the Funds, the Stock Index Fund, hire and replace certain sub-advisers currently operates as a feeder fund managed by a Notice is hereby given, pursuant to without shareholder approval. third-party manager and invests substantially all of its assets in a separate series of an unaffiliated the provisions of the Government in the APPLICANTS: Homestead Funds, Inc. (the investment company (the ‘‘Master Fund’’). The Sunshine Act, Public Law 94–409, that ‘‘Corporation’’), a Maryland corporation Stock Index Fund will not engage any sub-advisers the Securities and Exchange registered under the Act as an open-end other than through approving the engagement of Commission will hold a closed meeting management investment company with one or more of the Master Fund’s sub-advisers in the Stock Index Fund’s capacity as a shareholder of on Thursday, April 27, 2017 at 2 p.m. multiple series, and RE Advisers the Master Fund. The Master Fund is not an Commissioners, Counsel to the Corporation, a Virginia corporation Applicant and the Stock Index Fund will not rely Commissioners, the Secretary to the registered as an investment adviser on the requested order unless it is managed by the Commission, and recording secretaries under the Investment Advisers Act of Manager and complies with all of the conditions in the application. will attend the closed meeting. Certain 1940 (the ‘‘Initial Manager,’’ and, 2 Applicants request relief with respect to any staff members who have an interest in collectively with the Corporation, the existing or future series of the Corporation and any the matters also may be present. ‘‘Applicants’’). other existing or future registered open-end

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Manager is responsible for the overall protection of investors and purposes has received no comments on the management of the Funds’ business fairly intended by the policy and proposed rule change. This order affairs and selecting investments provisions of the Act. Applicants institutes proceedings under Section according to each Fund’s respective believe that the requested relief meets 19(b)(2)(B) of the Act 6 to determine investment objective, policies, and this standard because, as further whether to approve or disapprove the restrictions, subject to the oversight and explained in the application, the proposed rule change. authority of each Fund’s board of Investment Management Agreements directors (‘‘Board’’). The Investment will remain subject to shareholder II. Exchange’s Description of the Management Agreement permits the approval, while the role of the Sub- Proposal Manager, subject to the approval of the Advisers is substantially similar to that Board, to delegate to one or more sub- of individual portfolio managers, so that The Exchange proposes to list and advisers (each, a ‘‘Sub-Adviser’’ and requiring shareholder approval of Sub- trade Shares of the Fund under NYSE collectively, the ‘‘Sub-Advisers’’) the Advisory Agreements would impose Arca Equities Rule 8.200, Commentary responsibility to provide the day-to-day unnecessary delays and expenses on the .02, which governs the listing and portfolio investment management of Funds. trading of Trust Issued Receipts.7 The each Fund, subject to the supervision For the Commission, by the Division of Fund is a series of the United States and direction of the Manager. The Investment Management, under delegated Commodity Index Funds Trust primary responsibility for managing the authority. (‘‘Trust’’) 8 and is a commodity pool that Funds will remain vested in the Eduardo A. Aleman, will continuously issue common shares Manager. The Manager will hire, Assistant Secretary. of beneficial interest that may be evaluate, allocate assets to and oversee [FR Doc. 2017–08288 Filed 4–24–17; 8:45 am] purchased and sold on the Exchange. the Sub-Advisers, including BILLING CODE 8011–01–P The Trust and the Fund are managed determining whether a Sub-Adviser and controlled by United States should be terminated, at all times Commodity Funds LLC (‘‘USCF’’ or subject to the authority of the Board. SECURITIES AND EXCHANGE ‘‘Sponsor’’), which is registered as a 2. Applicants request an exemption to COMMISSION commodity pool operator with the permit the Manager, subject to Board [Release No. 34–80486; File No. SR– Commodity Futures Trading approval, to hire certain Sub-Advisers NYSEArca–2016–177] Commission and is a member of the pursuant to Sub-Advisory Agreements National Futures Association. Brown and materially amend existing Sub- Self-Regulatory Organizations; NYSE Brothers Harriman & Co., Inc. will be Advisory Agreements without obtaining Arca, Inc.; Order Instituting the administrator and custodian for the the shareholder approval required under Proceedings To Determine Whether To Fund. ALPS Distributors, Inc. will be section 15(a) of the Act and rule 18f–2 Approve or Disapprove a Proposed the marketing agent (‘‘Marketing under the Act.3 Rule Change Relating to the Listing Agent’’) for the Fund. 3. Applicants agree that any order and Trading of Shares of the USCF granting the requested relief will be Canadian Crude Oil Index Fund Under The Exchange has made the following subject to the terms and conditions NYSE Arca Equities Rule 8.200 representations and statements in stated in the application. Such terms describing the Fund and its investment and conditions provide for, among other April 19, 2017. strategies, including the Fund’s safeguards, appropriate disclosure to I. Introduction portfolio holdings and investment Fund shareholders and notification restrictions.9 about sub-advisory changes and On December 30, 2016, NYSE Arca, enhanced Board oversight to protect the Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with the Securities and Exchange designated April 23, 2017 as the date by which the interests of the Funds’ shareholders. Commission shall either approve or disapprove, or 4. Section 6(c) of the Act provides that Commission (‘‘Commission’’), pursuant institute proceedings to determine whether to the Commission may exempt any to Section 19(b)(1) of the Securities disapprove, the proposed rule change. 1 person, security, or transaction or any Exchange Act of 1934 (‘‘Act’’) and Rule 6 15 U.S.C. 78s(b)(2)(B). 2 class or classes of persons, securities, or 19b–4 thereunder, a proposed rule 7 Commentary .02 to NYSE Arca Equities Rule change to list and trade shares 8.200 applies to Trust Issued Receipts that invest transactions from any provisions of the in ‘‘Financial Instruments.’’ The term ‘‘Financial Act, or any rule thereunder, if such (‘‘Shares’’) of the USCF Canadian Crude Oil Index Fund (‘‘Fund’’) under NYSE Instruments,’’ as defined in Commentary .02(b)(4) to relief is necessary or appropriate in the NYSE Arca Equities Rule 8.200, means any public interest and consistent with the Arca Equities Rule 8.200. The proposed combination of investments, including cash; rule change was published for comment securities; options on securities and indices; futures contracts; options on futures contracts; forward management investment company or series thereof in the Federal Register on January 23, 3 contracts; equity caps, collars, and floors; and swap that: (a) is advised by the Initial Manager, or any 2017. On March 8, 2017, pursuant to agreements. entity controlling, controlled by, or under common 4 Section 19(b)(2) of the Act, the 8 control with the Initial Manager or its successors According to the Exchange, the Trust filed with Commission designated a longer period the Commission on June 16, 2016 a registration (each, a ‘‘Manager’’); (b) uses the manager of within which to approve the proposed managers structure described in the application; statement on Form S–1 under the Securities Act of and (c) complies with the terms and conditions of rule change, disapprove the proposed 1933 relating to the Fund (File No. 333–212089) the application (any such series, a ‘‘Fund’’ and rule change, or institute proceedings to (‘‘Registration Statement’’). collectively, the ‘‘Funds’’). For purposes of the determine whether to disapprove the 9 The Commission notes that additional requested order, ‘‘successor’’ is limited to an entity proposed rule change.5 The Commission information regarding the Trust, the Fund, and the that results from a reorganization into another Shares, including investment strategies, risks, net jurisdiction or a change in the type of business asset value (‘‘NAV’’) calculation, creation and organization. 1 15 U.S.C. 78s(b)(1). redemption procedures, fees, availability of 3 The requested relief will not extend to any sub- 2 17 CFR 240.19b–4. information, trading rules and halts, surveillance, adviser that is an affiliated person, as defined in 3 See Securities Exchange Act Release No. 79793 information bulletins, distributions, and taxes, section 2(a)(3) of the Act, of the Corporation, a (January 13, 2017), 82 FR 7885 (‘‘Notice’’). among other information, is included in the Notice Fund, or the Manager, other than by reason of 4 15 U.S.C. 78s(b)(2). and the Registration Statement, as applicable. See serving as a sub-adviser to one or more of the 5 See Securities Exchange Act Release No. 80180, Notice and Registration Statement, supra notes 3 Funds. 82 FR 13702 (March 14, 2017). The Commission and 8, respectively.

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A. Investment Objective and Principal Fund has invested to the fullest extent The Fund may enter into multiple Investments of the Fund possible in the OTC Derivatives OTC Derivatives Contracts for the According to the Exchange, the Contracts and exchange-traded futures purpose of achieving its investment investment objective of the Fund is for contracts, the Fund may then invest in objective. If an OTC Derivatives the daily changes in percentage terms of other OTC derivative contracts and/or Contract is terminated, the Fund may its per-Share NAV to reflect the daily other contracts and instruments based either pursue the same or other changes in percentage terms of the on the Benchmark Component Futures alternative investment strategies with an Canadian Crude Excess Return Index Contracts or on the price of the crude oil acceptable counterparty, or make direct (‘‘CCIER’’),10 plus interest income from underlying the Benchmark Component investments in the Benchmark the Fund’s short-term fixed income Futures Contracts, such as cash-settled Component Futures Contracts or other holdings, less the Fund’s expenses. The options, cleared swap contracts, and investments that provide a similar CCIER targets an exposure that swap contracts other than cleared swap return to investing in the Benchmark represents an approximately 3-month contracts.12 Component Futures Contracts. rolling position in the following futures The Fund will seek to achieve its The Fund may also enter into certain contracts: (i) ICE Crude Diff—TMX WCS investment objective by investing so transactions where an OTC component that the average daily percentage change is exchanged for a corresponding futures 1B Index Futures (‘‘WCS Futures’’) and 14 (ii) ICE WTI Crude Futures (‘‘WTI in the Fund’s NAV for any period of 30 contract (‘‘EFRP’’ transactions). The Futures,’’ and together with WCS successive valuation days will be within Fund may also employ spreads or Futures, collectively, ‘‘Benchmark plus/minus 10% of the average daily straddles in its trading to mitigate the Component Futures Contracts’’).11 percentage change in the CCIER over the differences in its investment portfolio The Fund will seek to achieve its same period. The Sponsor believes that and its goal of tracking the price of the investment objective by first entering market arbitrage opportunities will Benchmark Component Futures 15 into cash-settled over-the-counter cause daily changes in the Fund’s Share Contracts. (‘‘OTC’’) total return swap and forward price on the Exchange on a percentage III. Proceedings To Determine Whether transactions intended to replicate the basis to closely track the daily changes To Approve or Disapprove SR– return of the CCIER (‘‘OTC Derivatives in the Fund’s per Share NAV on a NYSEArca–2016–177 and Grounds for Contracts’’) and, second, to the extent percentage basis. The Sponsor also Disapproval Under Consideration market conditions are more favorable for believes that the net effect of this The Commission is instituting futures as compared to OTC Derivatives expected relationship and the expected proceedings pursuant to Section Contracts, investing in the Benchmark relationship described above between 19(b)(2)(B) of the Act 16 to determine Component Futures Contracts that the Fund’s per Share NAV and the whether the proposed rule change comprise the CCIER. The Fund will CCIER will be that the daily changes in should be approved or disapproved. support these investments by holding the price of the Fund’s Shares on the Institution of such proceedings is the amounts of its margin, collateral, Exchange on a percentage basis will appropriate at this time in view of the and other requirements relating to these closely track the daily changes in the obligations in short-term obligations of CCIER on a percentage basis, plus generally enter into an agreement with each the United States of two years or less, interest income from the Fund’s short- counterparty based on the Master Agreement cash, and cash equivalents. term fixed income holdings, less the published by the International Swaps and If constrained by regulatory Fund’s expenses. Derivatives Association, Inc. (‘‘ISDA’’) that provides requirements, or in view of market for the netting of overall exposure between B. OTC Derivatives Contracts counterparties. In accordance with the terms and conditions, or if one or more of the other conditions of the Fund’s ISDA Master Agreement, Benchmark Component Futures According to the Exchange, the Fund pursuant to which the Fund’s OTC Derivatives Contracts is not available, the Fund may will primarily invest in OTC Derivatives Contracts will be entered into, the Fund will be next invest in exchange-traded futures entitled to increase or decrease its notional Contracts that are based on Benchmark exposure to the CCIER from time to time to, among contracts that are economically identical Component Futures Contracts and, in other things, manage Share purchases and or substantially similar to the the opinion of the Sponsor, are traded reinvestment of distributions, Fund Share Benchmark Component Futures in sufficient volume to permit the ready redemptions and market repurchases of Shares, and 13 meet other liquidity needs. Reducing notional Contracts, e.g., futures contracts that are taking and liquidation of positions. exposure may be achieved through different based on changes in the price of WTI oil methods, including the use of offsetting forwards traded on the Chicago Mercantile 12 The Exchange notes that Benchmark and partial terminations of OTC Derivatives Exchange. When, in view of regulatory Component Futures Contracts, other exchange- Contracts. Moreover, the Exchange states that, in traded futures contracts that are economically connection with the Master Agreements, the requirements and market conditions, the identical or substantially similar to the Benchmark Sponsor will enter into ISDA Credit Support Component Futures Contracts, and other contracts Annexes with its counterparties to mitigate 10 The Exchange represents that the CCIER is and instruments based on the Benchmark counterparty credit exposure. According to the owned and maintained by Auspice Capital Advisors Component Futures Contracts, are referred to Exchange, the Sponsor will assess or review, as Ltd. and is designed to measure the performance of collectively as ‘‘Other Crude Oil-Related appropriate, the creditworthiness of each potential the Canadian crude oil market. It is calculated and Investments,’’ and together with OTC Derivatives or existing counterparty to an OTC Derivatives tracked daily and reported each trading day via Contracts, ‘‘Crude Oil Interests.’’ The Exchange Contract pursuant to guidelines approved by the major market data vendors. notes that market conditions that USCF currently Sponsor’s board. In respect of the OTC Derivatives 11 According to the Exchange, the WCS Futures anticipates could cause the Fund to invest in Other Contracts, the Fund will have the ability to replace are monthly cash-settled futures based on the TMX Crude Oil-Related Investments include those a counterparty or engage additional counterparties WCS (Western Canadian Select) Daily Weighted allowing the Fund to obtain greater liquidity, to at any time. Average Price Index (‘‘TMX WCS 1b Index’’) traded execute transactions with more favorable pricing, or 14 According to the Exchange, in the most on ICE Futures Europe. The TMX WCS 1b Index is if the Fund or USCF exceeds position limits or common type of EFRP transaction entered into by expressed as a differential to the NYMEX WTI 1st accountability levels established by an exchange. the Fund, the OTC component is the purchase or Line Futures (Calendar Month Average). The WTI 13 The Exchange states that the OTC Derivatives sale of one or more baskets of the Fund’s Shares. Futures are the ICE West Texas Intermediate (WTI) Contracts will be entered between two parties, 15 The Exchange states that the Fund would use Light Sweet Crude Oil Futures Contracts traded on outside of public exchanges, in private contracts. a spread when it chooses to take simultaneous long ICE Futures Europe. ICE Futures Europe, NYMEX, Unlike the exchange-traded Benchmark Component and short positions in futures written on the same and other futures exchanges on which the Fund Futures Contracts, each party to an OTC Derivatives underlying asset, but with different delivery may trade listed futures contracts are referred to Contract bears credit risk with respect to the other months. collectively as ‘‘Futures Exchanges.’’ party. To reduce such credit risk, the Fund will 16 15 U.S.C. 78s(b)(2)(B).

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legal and policy issues raised by the Exchange is open for trading on the Electronic Comments proposed rule change. Institution of Fund’s Web site. The Web site • proceedings does not indicate that the disclosure will include, with respect to Use the Commission’s Internet Commission has reached any OTC Derivatives Contracts and each comment form (http://www.sec.gov/ conclusions with respect to any of the Benchmark Component Futures rules/sro.shtml); or issues involved. Rather, as described Contract, their name, percentage • Send an email to rule-comments@ below, the Commission seeks and weighting, and value. The Commission sec.gov. Please include File Number SR– encourages interested persons to seeks commenters’ views on the NYSEArca–2016–177 on the subject provide comments on the proposed rule sufficiency of the information that line. change. would be provided with respect to the Pursuant to Section 19(b)(2)(B) of the Paper Comments 17 Fund’s Crude Oil Interests, and whether Act, the Commission is providing • notice of the grounds for disapproval the information will allow market Send paper comments in triplicate under consideration. The Commission is participants to value these interests to Secretary, Securities and Exchange instituting proceedings to allow for intraday. Commission, 100 F Street NE., Washington, DC 20549–1090. additional analysis of the proposed rule IV. Procedure: Request for Written change’s consistency with Section Comments All submissions should refer to File 6(b)(5) of the Act, which requires, Number SR–NYSEArca–2016–177. This among other things, that the rules of a The Commission requests that file number should be included on the national securities exchange be interested persons provide written subject line if email is used. To help the ‘‘designed to prevent fraudulent and submissions of their views, data, and Commission process and review your manipulative acts and practices, to arguments with respect to the issues comments more efficiently, please use promote just and equitable principles of identified above, as well as any other only one method. The Commission will trade,’’ and ‘‘to protect investors and the concerns they may have with the post all comments on the Commission’s public interest.’’ 18 proposal. In particular, the Commission Internet Web site (http://www.sec.gov/ Under the proposal, the NAV for a invites the written views of interested normal trading day will be released after rules/sro.shtml). Copies of the persons concerning whether the 4:00 p.m. Eastern Time (‘‘E.T.’’), and an submission, all subsequent proposal is consistent with Section Authorized Participant must place an amendments, all written statements 6(b)(5) or any other provision of the Act, order with the Marketing Agent to with respect to the proposed rule redeem one or more baskets of Shares by or the rules and regulations thereunder. change that are filed with the 10:30 a.m. E.T. or the close of regular Although there do not appear to be any Commission, and all written trading on the Exchange, whichever is issues relevant to approval or communications relating to the earlier. The Commission notes that the disapproval that would be facilitated by proposed rule change between the proposal does not specify the creation an oral presentation of views, data, and Commission and any person, other than order cut-off time, and does not provide arguments, the Commission will those that may be withheld from the an explanation for the early redemption consider, pursuant to Rule 19b–4, any public in accordance with the order cut-off time. The proposal also request for an opportunity to make an provisions of 5 U.S.C. 552, will be does not explain whether an early cut- oral presentation.20 available for Web site viewing and off time would have any impact on the Interested persons are invited to printing in the Commission’s Public trading of the Shares, including any submit written data, views, and Reference Room, 100 F Street NE., impact on arbitrage. Accordingly, the arguments regarding whether the Washington, DC 20549, on official Commission seeks commenters’ views proposal should be approved or business days between the hours of on the 10:30 a.m. E.T. (or the close of disapproved by May 16, 2017. Any 10:00 a.m. and 3:00 p.m. Copies of the regular trading on the Exchange, person who wishes to file a rebuttal to filing also will be available for whichever is earlier) cut-off time, and any other person’s submission must file inspection and copying at the principal whether the Exchange’s statements that rebuttal by May 30, 2017. The office of the Exchange. All comments relating to the creation and redemption Commission asks that commenters received will be posted without change; process support a determination that the the Commission does not edit personal listing and trading of the Shares would address the sufficiency of the Exchange’s statements in support of the identifying information from be consistent with Section 6(b)(5) of the submissions. You should submit only Act, which, among other things, proposal, which are set forth in the Notice,21 in addition to any other information that you wish to make requires that the rules of an exchange be available publicly. All submissions comments they may wish to submit designed to prevent fraudulent and should refer to File Number SR– about the proposed rule change. manipulative acts and practices, to NYSEArca–2016–177 and should be promote just and equitable principles of Comments may be submitted by any submitted on or before May 16, 2017. trade, and to protect investors and the of the following methods: Rebuttal comments should be submitted public interest. by May 30, 2017. In addition, under the proposal, the 20 Section 19(b)(2) of the Act, as amended by the Fund will seek to achieve its investment Securities Acts Amendments of 1975, Public Law For the Commission, by the Division of objective by holding Crude Oil 94–29 (June 4, 1975), grants the Commission Trading and Markets, pursuant to delegated Interests.19 The Exchange states that the flexibility to determine what type of proceeding— authority.22 Fund’s total portfolio composition will either oral or notice and opportunity for written Eduardo A. Aleman, comments—is appropriate for consideration of a be disclosed each business day that the particular proposal by a self-regulatory Assistant Secretary. organization. See Securities Acts Amendments of [FR Doc. 2017–08284 Filed 4–24–17; 8:45 am] 17 Id. 1975, Senate Comm. on Banking, Housing & Urban BILLING CODE 8011–01–P 18 15 U.S.C. 78f(b)(5). Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 19 See supra note 12 (defining ‘‘Crude Oil (1975). Interests’’). 21 See supra note 3. 22 17 CFR 200.30–3(a)(57).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s to a contingency.4 Third, a subscriber is COMMISSION Statement of the Purpose of, and not assessed a fee for testing by a Statutory Basis for, the Proposed Rule subscriber of a Nasdaq service that the [Release No. 34–80487; File No. SR– Change subscriber has not used previously, except if more than 30 days have NASDAQ–2017–037] 1. Purpose elapsed since the subscriber Self-Regulatory Organizations; The The Exchange initially filed the commenced the testing of such Nasdaq proposed pricing changes on April 3, 5 NASDAQ Stock Market LLC; Notice of service. 2017 (SR–NASDAQ–2017–036). On Filing and Immediate Effectiveness of The Exchange is proposing to limit April 10, 2017, the Exchange withdrew the duration of all exemptions from the Proposed Rule Change To Amend that filing and submitted this filing. fees provided under Rule 7030(d)(3). Fees at Rule 7030(d)(3) The purpose of the proposed rule First, the Exchange is proposing to April 19, 2017. change is to amend the Exchange’s fees segregate testing of new services at Rule 7030(d)(3) to limit all of the provided by Nasdaq from enhanced Pursuant to Section 19(b)(1) of the waiver of fees provided by the rules and services provided by Nasdaq. As noted Securities Exchange Act of 1934 to change how the current limitation above, such services are currently not (‘‘Act’’),1 and Rule 19b–4 thereunder,2 under Rule 7030(d)(3)(C) is triggered. subject to limitation on the exemption notice is hereby given that on April 10, Rule 7030(d) provides fees for use of the from testing fees. As discussed below, 2017, The NASDAQ Stock Market LLC Nasdaq Testing Facility (‘‘NTF’’). The the Exchange is proposing to allow (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the NTF provides subscribers with a virtual testing at no cost for new services for 60 Securities and Exchange Commission Nasdaq System test environment that calendar days from the subscriber’s (‘‘SEC’’ or ‘‘Commission’’) the proposed closely approximates the production notification to Nasdaq 6 of its rule change as described in Items I, II, environment and on which they may commencement of testing, which will be and III below, which Items have been test their automated systems that incorporated into Rule 7030(d)(C). The prepared by the Exchange. The integrate with Nasdaq. For example, the Exchange is proposing to allow free Commission is publishing this notice to NTF provides subscribers a virtual testing of enhanced services and/or System environment for testing solicit comments on the proposed rule software provided by Nasdaq for 30 upcoming Nasdaq releases and product change from interested persons. calendar days from the subscriber’s enhancements, as well as testing firm notification to Nasdaq 7 of its I. Self-Regulatory Organization’s software prior to implementation. commencement of testing. Statement of the Terms of the Substance The Exchange assesses certain fees Second, the Exchange is proposing to of the Proposed Rule Change under the rule for use of the NTF. limit the free period for testing of Subscribers that conduct tests of the modifications to software and/or The Exchange proposes to amend the computer-to-computer interface and the services initiated by Nasdaq in response Exchange’s fees at Rule 7030(d)(3) to Financial Information Exchange to a contingency to 30 calendar days limit the time that the waiver of fees interface to ACT and ACES access from the subscriber’s notification to provided by the rule are available and protocols through the NTF are assessed Nasdaq that it is commencing testing. to change how the current limitation a fee of $285/hour for Active The Exchange believes that 30 calendar under Rule 7030(d)(3)(C) is triggered. Connection testing during the normal days is a reasonable time for a operating hours of the NTF. Subscribers subscriber to fully test modifications to The text of the proposed rule change are also assessed $333/hour for Active software and/or services initiated by is available on the Exchange’s Web site Connection testing at all times other Nasdaq in response to a contingency at http://nasdaq.cchwallstreet.com, at than the normal operating hours of the because such changes are less impactful the principal office of the Exchange, and NTF. Subscribers are not assessed a fee to subscribers as compared to a wholly- at the Commission’s Public Reference for Idle Connection testing. Moreover, new service, or one that is wholly-new Room. subscribers that conduct tests of all to that subscriber. Like the proposed 60 II. Self-Regulatory Organization’s Nasdaq access protocol connections not calendar day period allowed for testing Statement of the Purpose of, and described above, or of market data a service that a member has not used Statutory Basis for, the Proposed Rule vendor feeds through the NTF, are previously and the proposed 30 assessed $300 per port, per month. Last, calendar day period for enhanced Change subscribers to the NTF located in services and/or software, the Exchange In its filing with the Commission, the Carteret, New Jersey are assessed a fee is proposing to begin the 30 calendar Exchange included statements of $1,000 per hand-off, per month for period upon the subscriber’s 8 concerning the purpose of and basis for connection to the NTF. The hand-off fee notification to Nasdaq of its the proposed rule change and discussed includes either a 1Gb or 10Gb switch commencement of testing. Last, the Exchange is proposing to any comments it received on the port and a cross connect to the NTF. change what triggers the limitation proposed rule change. The text of these Subscribers are also assessed a one-time installation fee of $1,000 per handoff. under Rule 7030(d)(3)(C) and increase statements may be examined at the Under Rule 7030(d)(3), the Exchange the free period from 30 to 60 calendar places specified in Item IV below. The provides three exemptions from the days. Currently under Rule Exchange has prepared summaries, set testing fees described above. First, a 7030(d)(3)(C), testing by a subscriber of forth in sections A, B, and C below, of subscriber is not assessed a fee for the most significant aspects of such testing new or enhanced services and/or 4 See Rule 7030(d)(3)(B). statements. software provided by Nasdaq.3 Second, 5 See Rule 7030(d)(3)(C). a subscriber is not assessed a fee for 6 The Exchange will require subscribers to provide notice to the Exchange via email to testing modifications to software and/or [email protected]. Without such notice, services initiated by Nasdaq in response normal fees under the rule would apply. 1 15 U.S.C. 78s(b)(1). 7 Id. 2 17 CFR 240.19b–4. 3 See Rule 7030(d)(3)(A). 8 Id.

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a Nasdaq service that the subscriber has under Rule 7030(d) once the applicable existing services or software are less not used previously is provided at no new fee waiver period has expired. impactful to subscribers as compared to cost, except if more than 30 days have The Exchange believes that the a wholly-new service, or one that is elapsed since the subscriber proposed change is equitably allocated wholly-new to that subscriber. Last, commenced the testing of such Nasdaq and not unfairly discriminatory to amending the trigger of the free period service. The Exchange is proposing to subscribers because the proposal for testing of a Nasdaq service that the harmonize the trigger of the free period removes a distinction that is currently subscriber has not used previously from with that of the other proposed free made in the rules that provides the date of commencement of testing to periods by amending the rule to reflect subscribers unlimited testing the date that the subscriber notified that initiation of the period will begin opportunities at no cost in perpetuity, Nasdaq that it has commenced testing upon the subscriber’s notification to which benefits subscribers that are slow will make the application of the waiver Nasdaq 9 of its commencement of testing to test changes over those that test consistent with the proposed waivers instead of the actual initiation thereof. timely. Specifically, the Exchange As noted above, the Exchange is also provided under proposed Rules incurs expense in offering the NTF, 7030(d)(3)(A) and (B), and will more incorporating testing of new services which is covered by the fees that it provided by Nasdaq under current Rule accurately reflect the method that assesses for the use thereof. Users of the Nasdaq currently uses. 7030(d)(3)(A) into Rule 7030(d)(3)(C). NTF that are inefficient in their testing The Exchange notes that all new represent an inordinate cost based on B. Self-Regulatory Organization’s services provided by Nasdaq are, by their use as compared to users of the Statement on Burden on Competition definition, new to a subscriber. Thus, NTF that test efficiently because current Rule 7030(d)(3)(A) is unclear at inefficient users typically use the NTF In this instance, the proposed changes what point a new service provided by significantly more over a longer period to the waiver of charges assessed under Nasdaq is no longer ‘‘new.’’ of time, which in turn leads to increased Rule 7030(d) for use of the NTF do not Accordingly, the Exchange is instead costs to the Exchange in offering the impose a burden on competition treating every service that is new to the platform free of charge indefinitely. because the Exchange is changing the subscriber equally under the rule. These costs are ultimately borne by all length of time within which a subscriber Although the Exchange believes that users of the NTF in the fees that are may test a service at no cost. The testing of a new service may be assessed by the Exchange for use Exchange is providing reasonable completed within 30 calendar days, the thereof. Instead of proposing an increase timeframes during which a subscriber Exchange is increasing the fee waiver to the fees, the Exchange is instead may test at no cost, after which the period to 60 calendar days. The proposing to apply discipline to the use subscriber may continue to test but for Exchange believes that, given the of the NTF by limiting the fee waiver complexity of the markets and the need a fee as provided by the rule. Thus, a period for new services to 60 calendar subscriber will have adequate time to to ensure that systems function as days from the subscriber’s notification intended prior to implementation, 60 test at no cost and use of the NTF to Nasdaq of its commencement of the beyond the allocated free testing periods calendar days is a reasonable time testing of a service that has not been during which a member can adequately is completely voluntary. The proposed used by the subscriber previously, and limitation of the fee waiver will bring test a service that is new to them. limiting the fee waiver period to 30 The Exchange is also proposing to discipline to the use of the NTF while calendar days from the subscriber’s delete text concerning a limited time also providing ample time for notification to Nasdaq of its waiver of fees, which has since expired. subscribers to use the NTF for testing commencement of the testing of services and software pursuant to Rule 2. Statutory Basis enhanced or modified services and/or 7030(d)(3). In this regard, to the extent The Exchange believes that its software provided by Nasdaq. Thus, all subscribers may take the steps necessary a subscriber does not complete the proposal is consistent with Section 6(b) testing exempted under proposed new of the Act,10 in general, and furthers the to test changes and new software and services within the proposed fair length Rules 7030(d)(3)(A) through (C), the objectives of Sections 6(b)(4) and 6(b)(5) subscriber may continue to test the of the Act,11 in particular, in that it of time or test such changes for a fee changes, but will be assessed the fees for provides for the equitable allocation of pursuant to the fee schedule to the use of the NTF under the rule. In sum, reasonable dues, fees and other charges extent the subscriber is unable to if the changes proposed herein are among members and issuers and other complete such testing during the free persons using any facility, and is not waiver period. The Exchange has unattractive to market participants, it is designed to permit unfair determined that 30 calendar days is a likely that the Exchange will lose discrimination between customers, fair length of time for subscribers to test market share as a result. Accordingly, issuers, brokers, or dealers. enhanced services and/or software, as the Exchange does not believe that the The Exchange believes that the well as modifications to software and/or proposed changes will impair the ability proposed change is reasonable because services, as it is consistent with the of members or competing order it will apply the current fees under Rule current limited waiver provided under execution venues to maintain their 7030(d), which have previously been Rule 7030(d)(3)(C). The Exchange competitive standing in the financial determined to be reasonable, after a believes that providing 60 calendar days markets. certain time has passed. As described following a subscriber’s notification to above, the fees under Rule 7030(d) are Nasdaq of its commencement of the C. Self-Regulatory Organization’s currently waived for an indefinite time testing of a service that has not been Statement on Comments on the under Rules 7030(d)(3)(A) and (B). The used by the subscriber previously as Proposed Rule Change Received From proposed change will apply the fees compared to 30 calendar days for all Members, Participants, or Others other types of testing under Rule No written comments were either 9 Id. 7030(d)(3) is an equitable allocation and 10 15 U.S.C. 78f(b). not unfairly discriminatory because solicited or received. 11 15 U.S.C. 78f(b)(4) and (5). enhancements and modifications to

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III. Date of Effectiveness of the Washington, DC 20549 on official solicit comments on the Proposed Rule Proposed Rule Change and Timing for business days between the hours of Changes from interested persons. Commission Action 10:00 a.m. and 3:00 p.m. Copies of the I. Clearing Agencies’ Statements of the filing also will be available for The foregoing rule change has become Terms of Substance of the Proposed inspection and copying at the principal effective pursuant to Section Rule Changes 19(b)(3)(A)(ii) of the Act.12 office of the Exchange. All comments received will be posted without change; The Proposed Rule Changes would At any time within 60 days of the adopt the Clearing Agency Liquidity filing of the proposed rule change, the the Commission does not edit personal identifying information from Risk Management Framework Commission summarily may (‘‘Framework’’) of the Clearing temporarily suspend such rule change if submissions. You should submit only information that you wish to make Agencies, described below. The it appears to the Commission that such Framework would apply to both of action is: (i) Necessary or appropriate in available publicly. All submissions should refer to File Number SR– FICC’s divisions, the Government the public interest; (ii) for the protection Securities Division (‘‘GSD’’) and the of investors; or (iii) otherwise in NASDAQ–2017–037, and should be submitted on or before May 16, 2017. Mortgage-Backed Securities Division furtherance of the purposes of the Act. (‘‘MBSD’’). The Framework would be If the Commission takes such action, the For the Commission, by the Division of maintained by the Clearing Agencies in Commission shall institute proceedings Trading and Markets, pursuant to delegated authority.13 compliance with Rule 17Ad–22(e)(7)(i), to determine whether the proposed rule (ii), and (iv) through (ix) under the Act, Eduardo A. Aleman, should be approved or disapproved. as described below.3 Assistant Secretary. IV. Solicitation of Comments Although the Clearing Agencies [FR Doc. 2017–08285 Filed 4–24–17; 8:45 am] would consider the Framework to be a Interested persons are invited to BILLING CODE 8011–01–P rule, the Proposed Rule Changes do not submit written data, views, and require any changes to the Rules, By- arguments concerning the foregoing, laws and Organization Certificate of including whether the proposed rule SECURITIES AND EXCHANGE DTC (‘‘DTC Rules’’), the Rulebook of change is consistent with the Act. COMMISSION GSD (‘‘GSD Rules’’), the Clearing Rules Comments may be submitted by any of of MBSD (‘‘MBSD Rules’’), or the Rules the following methods: [Release No. 34–80489; File No. SR–DTC– 2017–004; SR–NSCC–2017–005; SR–FICC– & Procedures of NSCC (‘‘NSCC Rules’’), Electronic Comments 2017–008] as the Framework would be a 4 • standalone document. Use the Commission’s Internet Self-Regulatory Organizations; The comment form (http://www.sec.gov/ Depository Trust Company; National II. Clearing Agencies’ Statements of the rules/sro.shtml); or Purpose of, and Statutory Basis for, the • Securities Clearing Corporation; Fixed Send an email to rule-comments@ Income Clearing Corporation; Notice of Proposed Rule Changes sec.gov. Please include File Number SR– Filings of Proposed Rule Changes, as In their filings with the Commission, NASDAQ–2017–037 on the subject line. Modified by Amendments No. 1, To the Clearing Agencies included Paper Comments Adopt the Clearing Agency Liquidity statements concerning the purpose of • Risk Management Framework and basis for the Proposed Rule Changes Send paper comments in triplicate and discussed any comments they to Secretary, Securities and Exchange April 19, 2017. received on the Proposed Rule Changes. Commission, 100 F Street NE., Pursuant to Section 19(b)(1) of the The text of these statements may be Washington, DC 20549–1090. Securities Exchange Act of 1934 examined at the places specified in Item All submissions should refer to File (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 IV below. The Clearing Agencies have Number SR–NASDAQ–2017–037. This notice is hereby given that on April 6, prepared summaries, set forth in file number should be included on the 2017, The Depository Trust Company sections A, B, and C below, of the most subject line if email is used. To help the (‘‘DTC’’), National Securities Clearing significant aspects of such statements. Commission process and review your Corporation (‘‘NSCC’’), and Fixed comments more efficiently, please use Income Clearing Corporation (‘‘FICC’’, (A) Clearing Agencies’ Statements of the only one method. The Commission will and together with DTC and NSCC, the Purpose of, and Statutory Basis for, the post all comments on the Commission’s ‘‘Clearing Agencies’’), filed with the Proposed Rule Changes Internet Web site (http://www.sec.gov/ Securities and Exchange Commission 1. Purpose rules/sro.shtml). Copies of the (‘‘Commission’’) the proposed rule The Clearing Agencies are proposing submission, all subsequent changes. On April 13, 2017, the Clearing to adopt the Framework, which would amendments, all written statements Agencies filed Amendments No. 1 to the set forth the manner in which the with respect to the proposed rule proposed rule changes, which made Clearing Agencies measure, monitor and change that are filed with the technical corrections to the Table of Commission, and all written Contents in the Exhibit 5s. The 3 17 CFR 240.17Ad–22(e)(7)(i), (ii), and (iv) communications relating to the proposed rule changes, as modified by through (ix). The Commission adopted amendments proposed rule change between the Amendments No. 1 (hereinafter, to Rule 17Ad–22, including the addition of new Commission and any person, other than collectively ‘‘Proposed Rule Changes’’), section 17Ad–22(e), on September 28, 2016. See Securities Exchange Act Release No. 78961 those that may be withheld from the are described in Items I and II below, (September 28, 2016), 81 FR 70786 (October 13, public in accordance with the which Items have been prepared 2016) (S7–03–14). Each of the Clearing Agencies is provisions of 5 U.S.C. 552, will be primarily by the Clearing Agencies. The a ‘‘covered clearing agency’’ as defined in Rule available for Web site viewing and Commission is publishing this notice to 17Ad–22(a)(5), and must comply with new section printing in the Commission’s Public (e) of Rule 17Ad–22 by April 11, 2017. 4 Capitalized terms not defined herein are defined Reference Room, 100 F Street NE., 13 17 CFR 200.30–3(a)(12). in the DTC Rules, GSD Rules, MBSD Rules, or 1 15 U.S.C. 78s(b)(1). NSCC Rules, as applicable, available at http:// 12 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. dtcc.com/legal/rules-and-procedures.

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manage the liquidity risks that arise in resource requirement in each relevant liquidity need. The Framework would or are borne by each of the Clearing currency for which it has payment state that FICC and NSCC liquidity Agencies, including (i) the manner in obligations owed to its Members or sufficiency testing is performed daily which the Clearing Agencies would Participants, as applicable. The with respect to three types of deploy liquidity tools to meet their Framework would also describe the scenarios—(1) normal market scenarios, settlement obligations on an ongoing manner in which each of FICC and as a baseline reference point to assess and timely basis and (ii) each applicable NSCC measures the sufficiency of their other stress assumptions, (2) stressed, Clearing Agency’s use of intraday respective qualifying liquid resources extreme but plausible scenarios, and (3) liquidity. The Framework would apply through daily liquidity studies, across a the same stressed, extreme but plausible to the liquidity risk management of each range of stress scenarios. With respect to scenarios applied under severely of the Clearing Agencies. DTC, the Framework would set forth adverse market conditions that could The Framework would be owned and that DTC’s structural features, including coincide with the default of a managed by the Liquidity Product Risk the Collateral Monitor, Net Debit Cap, participant. The Framework would Unit (‘‘LPRU’’).5 The Framework would and Participants Fund, limit the describe the manner in which scenarios outline the regulatory requirements that liquidity requirements in default reflecting these three sets of conditions apply to each Clearing Agency with scenarios. are developed and selected for testing. respect to liquidity risk management, The Framework would identify each The Framework would describe how and then would describe how the of the qualifying liquid resources liquidity testing reporting is escalated Clearing Agencies each meet those available to each Clearing Agency, on at least a monthly basis, and how requirements. Because the regulatory including both GSD and MBSD. Such these results are used to evaluate the requirements, liquidity risks, and qualifying liquid resources include, for adequacy of the liquidity resources of liquidity resources that apply to or are example, (1) deposits to the Clearing FICC or NSCC. available to each Clearing Agency are Agencies’ respective Clearing Funds, or, The Framework would describe how different, the Framework would for DTC, its Participants Fund, made by the tools available to DTC under the separately describe the liquidity participants pursuant to the respective DTC Rules (e.g., Collateral Monitor and resources and related risk management rules,8 (2) for DTC and NSCC, an annual Net Debit Cap) 13 allow it to regularly tools available to each Clearing Agency committed credit facility,9 (3) for NSCC, test the sufficiency of liquid resources and, with respect to FICC, to GSD and its Members’ Supplemental Liquidity on an intraday and end-of-day basis and MBSD. Deposits,10 and (4) for GSD and MBSD, adjust to stressed circumstances during The Framework would describe each a rule-based Capped Contingency a settlement day to protect itself and Clearing Agency’s liquidity risk Liquidity Facility (‘‘CCLF’’) program.11 Participants against liquidity exposure management strategy and objectives, The Framework would also state that under normal and stressed market which, for FICC and NSCC, is to the Clearing Agencies may have access conditions. maintain sufficient liquid resources in to other available resources that may not The Framework would describe how order to meet the potential amount of meet the definition of qualifying liquid the Clearing Agencies undertake due funding required to settle outstanding resources. diligence with respect to their liquidity transactions of a defaulting Member, or The Framework would describe how providers, and conduct testing with affiliated family (‘‘Affiliated Family’’) of FICC and NSCC perform daily liquidity those providers at least annually. The Members, in a timely manner.6 DTC’s studies to measure the sufficiency of Framework would describe how the liquidity management strategy and their available liquid resources to meet Clearing Agencies review the limits of controls are designed to maintain the cash settlement obligations of their outstanding investments and collateral sufficient available liquid resources to largest Affiliated Family, in compliance held (if applicable) of each Clearing complete system-wide settlement on with the requirements under Rule Agency’s investment counterparties, each business day with a high degree of 17Ad–22(e)(7)(vi)(A) under the Act.12 and conduct formal reviews of the confidence notwithstanding the failure The Framework would describe the reliability of its qualified liquid resource to settle of a Participant or Affiliated manner in which daily liquidity studies providers in extreme but plausible Family of Participants. The Framework are performed for both FICC and NSCC, market conditions. would also state that DTC operates on including the assumptions used to The Framework would describe how a fully collateralized basis. determine each participant’s total the Clearing Agencies address The Framework would address how foreseeable liquidity shortfalls that each of the Clearing Agencies meets its 8 DTC Rule 4 (Participants Fund and Participants would not be covered by their existing requirement to hold qualifying liquid Investment), FICC/GSD Rule 4 (Clearing Fund and liquid resources, including through resources, as such term is defined in Loss Allocation), FICC/MBSD Rule 4 (Clearing modifications to those existing liquid Fund and Loss Allocation), NSCC Rule 4 (Clearing 7 Rule 17Ad–22(a)(14) under the Act, Fund). Supra note 4. resources, for example, and would sufficient to meet its minimum liquidity 9 See Securities Exchange Act Release No. 77750 describe how their existing qualified (April 29, 2016), 81 FR 27181 (May 5, 2016) (SR– liquid resources may be replenished. 5 The parent company of the Clearing Agencies is DTC–2016–801, SR–NSCC–2016–801). The Framework would state that the 10 The Depository Trust & Clearing Corporation NSCC Rule 4A (Supplemental Liquidity Clearing Agencies’ liquidity risk models (‘‘DTCC’’). DTCC operates on a shared services Deposits). Supra note 4. model with respect to the Clearing Agencies. Most 11 MBSD Rule 17, Section 2a (Procedures for are subject to independent model corporate functions are established and managed on When the Corporation Ceases to Act). Supra note validation on at least an annual basis. an enterprise-wide basis pursuant to intercompany 4. FICC/GSD has filed a proposed rule change and Finally, the Framework would describe agreements under which it is generally DTCC that related advance notice to adopt a CCLF program. the manner in which Clearing Agency provides a relevant service to a Clearing Agency. See Securities Exchange Act Release No. 80234 6 FICC and NSCC refer to their participants as (March 14, 2017), 82 FR 14401 (March 20, 2017) liquidity risks are assessed and ‘‘Members,’’ while DTC refers to its participants as (SR–FICC–2017–002) and Securities Exchange Act escalated through liquidity risk ‘‘Participants.’’ These terms are defined in the rules Release No. 80191 (March 9, 2017), 82 FR 13876 of each of the Clearing Agencies. Supra note 4. In (March 15, 2017) (SR–FICC–2017–802). Upon 13 ‘‘Collateral Monitor’’ and ‘‘Net Debit Cap’’ are this filing ‘‘participant’’ or ‘‘participants’’ refers to Commission approval of this proposed rule change, defined in DTC Rule 1, Section 1 (Definitions), and both the Members of FICC and NSCC and the FICC/GSD’s CCLF program will become a qualifying their calculations are further provided for in the Participants of DTC. liquid resource of FICC/GSD. DTC Settlement Service Guide of the DTC Rules. 7 17 CFR 240.17Ad–22(a)(14). 12 17 CFR 240.17Ad–22(e)(7)(vi)(A). Supra note 3. Supra note 4.

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management controls that include a Member of an Affiliated Family. obligations of their largest Affiliated statement of risk tolerances that are Therefore, the Clearing Agencies believe Family in a number of scenarios, specific to liquidity risk (‘‘Liquidity the Framework, which describes how including (1) normal market conditions, Risk Tolerance Statement’’), and an the Clearing Agencies carry out these as a baseline reference point to assess operational risk profile of LPRU, which strategies, is consistent with the other stress assumptions, (2) stressed, contains consolidated risk and control requirements of Section 17A(b)(3)(F) of extreme but plausible scenarios, and (3) data. The Liquidity Risk Tolerance the Act.17 the same stressed, extreme but plausible Statement is reviewed by management Rule 17Ad–22(e)(7) under the Act, scenarios applied under severely within the LPRU annually, and is which requires, in part, that each adverse market conditions that could escalated to the Risk Committee of the covered clearing agency establish, coincide with the default of a Boards for review and approval at least implement, maintain and enforce participant. The Framework would also annually. written policies and procedures describe how DTC’s risk management reasonably designed to, among other tools allow DTC to regularly test the 2. Statutory Basis things effectively measure, monitor, and sufficiency of its liquid resources on an The Clearing Agencies believe that the manage the liquidity risks that arise in intraday and end-of-day basis and adjust Proposed Rule Changes are consistent or are borne by the covered clearing to stressed circumstances during the with the requirements of the Act and the agency, including measuring, settlement day to protect itself and rules and regulations thereunder monitoring, and managing its settlement Participants against liquidity exposure applicable to a registered clearing and funding flows on an ongoing and under normal and stressed market agency. In particular, the Clearing timely basis, and its use of intraday conditions. The Framework would also Agencies believe that the Framework is liquidity.18 The Clearing Agencies identify each of the qualified liquid consistent with Section 17A(b)(3)(F) of believe that the Framework is designed resources being held by the Clearing the Act 14 and the subsections cited to meet the requirements of the Agencies in all relevant currencies. As below of Rule 17Ad–22(e)(7),15 each following subsections of Rule 17Ad– such, the Clearing Agencies believe the promulgated under the Act, for the 22(e)(7), cited below, for the reasons Framework is consistent with Rule reasons described below. described below.19 17Ad–22(e)(7)(i).21 Section 17A(b)(3)(F) of the Act Rule 17Ad–22(e)(7)(i) under the Act Rule 17Ad–22(e)(7)(ii) under the Act requires, in part, that the rules of the requires that a covered clearing agency requires that a covered clearing agency Clearing Agencies be designed to maintain sufficient liquid resources at hold qualifying liquid resources promote the prompt and accurate the minimum in all relevant currencies sufficient to meet the minimum clearance and settlement of securities to effect same-day and, where liquidity resource requirement under transactions, and to assure the appropriate, intraday and multiday Rule 17Ad–22(e)(7)(i) in each relevant safeguarding of securities and funds settlement of payment obligations with currency for which the covered clearing which are in the custody or control of a high degree of confidence under a agency has payment obligations owed to the Clearing Agencies or for which they wide range of foreseeable stress clearing members.22 As described are responsible.16 As described above, scenarios that includes, but is not above, the Framework would identify the Framework would describe how the limited to, the default of the participant each of the resources being held by each Clearing Agencies have developed and family that would generate the largest of the Clearing Agencies in all relevant carry out a liquidity risk management aggregate payment obligation for the currencies, which meet the definition of strategy such that, with respect to FICC covered clearing agency in extreme but ‘‘qualified liquid resources’’ set forth in and NSCC, they maintain liquid plausible market conditions.20 As Rule 17Ad–22(e)(14).23 Therefore, the resources sufficient to meet the described above, the Framework would Clearing Agencies believe the potential amount of funding required to describe how the Clearing Agencies Framework supports the Clearing settle outstanding transactions of a have developed and carry out a liquidity Agencies’ compliance with Rule 17Ad– defaulting Member or Affiliated Family risk management strategy such that, 22(e)(7)(ii) by identifying the qualified in a timely manner, and with respect to with respect to FICC and NSCC, they liquid resources, as such term is defined DTC, it maintains sufficient available maintain liquid resources sufficient to in the Act, being held by each of the liquid resources to complete system- meet the potential amount of funding Clearing Agencies.24 wide settlement on each business day, required to settle outstanding Rule 17Ad–22(e)(7)(iv) under the Act with a high degree of confidence and transactions of a defaulting Member or requires that a covered clearing agency notwithstanding the failure to settle of Affiliated Family in a timely manner, undertake due diligence to confirm that the Participant or Affiliated Family of and with respect to DTC, it maintains it has a reasonable basis to believe each Participants with the largest settlement sufficient available liquid resources to of its liquidity providers, whether or not obligation. As such, the Clearing complete system-wide settlement on such liquidity provider is a clearing Agencies’ liquidity risk management each business day, with a high degree of member, has (A) sufficient information strategies address the Clearing Agencies’ confidence and notwithstanding the to understand and manage the liquidity maintenance of sufficient liquid failure to settle of the Participant or provider’s liquidity risks; and (B) the resources, which allow them to Affiliated Family of Participants with capacity to perform as required under continue the prompt and accurate the largest settlement obligation. The its commitments to provide liquidity to clearance and settlement of securities Framework would also describe how the covered clearing agency.25 Further, and can continue to assure the FICC and NSCC perform daily liquidity Rule 17Ad–22(e)(7)(v) under the Act safeguarding of securities and funds studies, which are designed to measure requires that a covered clearing agency which are in their custody or control or the sufficiency of their available liquid maintain and test with each liquidity for which they are responsible resources to meet the cash settlement notwithstanding the default of a 21 Id. 17 Id. 22 17 CFR 240.17Ad–22(e)(7)(ii). Supra note 3. 14 15 U.S.C. 78q–1(b)(3)(F). 18 17 CFR 240.17Ad–22(e)(7). Supra note 3. 23 17 CFR 240.17Ad–22(e)(14). Supra note 3. 15 17 CFR 240.17Ad–22(e)(7). Supra note 3. 19 Id. 24 17 CFR 240.17Ad–22(e)(7)(ii). Supra note 3. 16 15 U.S.C. 78q–1(b)(3)(F). 20 17 CFR 240.17Ad–22(e)(7)(i). Supra note 3. 25 17 CFR 240.17Ad–22(e)(7)(iv). Supra note 3.

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provider, to the extent practicable, the described in such policies and Framework is consistent with Rule covered clearing agency’s procedures procedures; and (D) reporting the results 17Ad–22(e)(7)(vii).31 and operational capacity for accessing of its analyses under Rule 17Ad– Rule 17Ad–22(e)(7)(viii) under the each type of relevant liquid resource 22(e)(7)(vi)(B) and (C) to appropriate Act requires that a covered clearing under Rule 17Ad–22(e)(7)(i) at least decision makers at the covered clearing agency address foreseeable liquidity annually.26 The Framework would agency, including but not limited to, its shortfalls that would not be covered by describe how the Clearing Agencies risk management committee or board of the covered clearing agency’s liquid undertake due diligence with respect to directors, and using these results to resources and seek to avoid unwinding, their liquidity providers, as reasonably evaluate the adequacy of and adjust its revoking, or delaying the same-day necessary in order to validate each such liquidity risk management methodology, settlement of payment obligations.32 As provider has sufficient liquid resources, model parameters, and any other described above, the Framework would understands its liquidity obligations, relevant aspects of its liquidity risk describe how each of the Clearing and has the capacity to perform on those management framework.28 Agencies addresses a foreseeable same obligations. These reviews, as described As described above, the Framework day liquidity shortfall through, for in the Framework, would also include a would describe the daily liquidity example, modification to its existing credit analysis of each liquidity studies performed by FICC and NSCC to liquid resources. For example, DTC may provider. Further, the Framework would measure the sufficiency of its available address a liquidity shortfall through describe annual testing of the DTC and liquid resources, including the manner appropriate adjustment to the Net Debit NSCC committed credit facility, which in which these studies are performed, Cap reductions, as provided under the is conducted to confirm the lenders are and the assumptions used to determine DTC Rules.33 Therefore, the Clearing operationally able to perform their each participant’s total liquidity need. Agencies believe the Framework is commitments and are familiar with the The Framework would describe the consistent with Rule 17Ad–22(e)(7)(viii) drawdown process. Therefore, the manner in which scenarios are under the Act because it would describe Clearing Agencies believe the developed and selected for testing, and how each of the Clearing Agencies Framework is consistent with Rules how FICC and NSCC continuously would address foreseeable liquidity 17Ad–22(e)(7)(iv) and (v) under the Act, evaluate these scenarios to affirm that shortfalls.34 because it would describe the Clearing they continue to be appropriate, and to Rule 17Ad–22(e)(7)(ix) under the Act Agencies’ due diligence practices with determine if they should be modified. requires that a covered clearing agency respect to their liquidity providers, and The Framework would also describe describe the covered clearing agency’s the annual testing conducted with how liquidity testing reporting is process to replenish any liquid respect to the DTC and NSCC escalated on at least a monthly basis to resources that the clearing agency may committed credit facility.27 35 the management committee responsible employ during a stress event. The Rule 17Ad–22(e)(7)(vi) under the Act for oversight of risk management Framework would describe how the requires that a covered clearing agency matters, and how these results are used Clearing Agencies’ qualified liquid determine the amount and regularly test resources may be replenished in the sufficiency of the liquid resources to evaluate the adequacy of the liquidity resources of FICC or NSCC. With respect accordance with the respective rules of held for purposes of meeting the the Clearing Agencies. For example, the minimum liquid resource requirement to DTC, the Framework would describe how DTC relies on the tools available Framework would describe how the under Rule 17Ad–22(e)(7)(i) by, at a Clearing Agencies may use proceeds minimum: (A) Conducting stress testing under the DTC Rules (e.g., the Net Debit Cap and the Collateral Monitor) to that may be available from the of its liquid resources at least once each liquidation of a defaulting participant’s day using standard and predetermined regularly test the sufficiency of the liquid resources on an intraday and end- portfolio (including the sale of collateral parameters and assumptions; (B) used to secure a borrowing) to repay conducting a comprehensive analysis on of-day basis and adjust to stressed circumstances during a settlement day liquidity borrowings, thus replenishing at least a monthly basis of the existing the relevant Clearing Agency’s liquid stress testing scenarios, models, and to protect DTC and Participants against liquidity exposure under normal and resources. Therefore, the Clearing underlying parameters and assumptions Agencies believe the Framework is used in evaluating liquidity needs and stressed market conditions. Therefore, the Clearing Agencies believe the consistent with Rule 17Ad–22(e)(7)(ix) resources, and considering under the Act because it would describe modifications to ensure they are Framework is consistent with Rule 17Ad–22(e)(7)(vi) under the Act.29 the Clearing Agencies’ process for appropriate for determining the clearing replenishing liquid resources as agency’s identified liquidity needs and Rule 17Ad–22(e)(7)(vii) under the Act 36 requires that a covered clearing agency permitted under their respective rules. resources in light of current and (B) Clearing Agencies’ Statements on perform a model validation of its evolving market conditions; (C) Burden on Competition conducting a comprehensive analysis of liquidity risk models not less than None of the Clearing Agencies believe the scenarios, models, and underlying annually or more frequently as may be that the Framework would have any parameters and assumptions used in contemplated by the covered clearing impact, or impose any burden, on evaluating liquidity needs and resources agency’s risk management framework competition because the Proposed Rule more frequently than monthly when the established pursuant to Rule 17Ad– 30 Changes reflect the existing framework products cleared or markets served 22(e)(3). The Framework would that the Clearing Agencies employ to display high volatility or become less describe how the Clearing Agencies’ manage liquidity risk, and would not liquid, when the size or concentration of liquidity risk models are subject to effectuate any changes to the Clearing positions held by the clearing agency’s independent model validations on at participants increases significantly, or least an annual basis. As such, the 31 Id. in other appropriate circumstances Clearing Agencies believe the 32 17 CFR 240.17Ad–22(e)(7)(viii). Supra note 3. 33 Supra note 13. 26 17 CFR 240.17Ad–22(e)(7)(v). Supra note 3. 28 17 CFR 240.17Ad–22(e)(7)(vi). Supra note 3. 34 17 CFR 240.17Ad–22(e)(7)(viii). Supra note 3. 27 17 CFR 240.17Ad–22(e)(7)(iv) and (v). Supra 29 Id. 35 17 CFR 240.17Ad–22(e)(7)(ix). Supra note 3. note 3. 30 17 CFR 240.17Ad–22(e)(7)(vii). Supra note 3. 36 Id.

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Agencies’ liquidity risk management with respect to the Proposed Rule solicit comments on the proposed rule tools as they currently apply to their Changes that are filed with the change from interested persons. respective Members or Participants. Commission, and all written I. Self-Regulatory Organization’s communications relating to the (C) Clearing Agencies’ Statements on Statement of the Terms of Substance of Proposed Rule Changes between the Comments on the Proposed Rule the Proposed Rule Change Commission and any person, other than Changes Received From Members, those that may be withheld from the Participants, or Others The Exchange proposes to amend the public in accordance with the Exchange’s transaction fees at Section The Clearing Agencies have not provisions of 5 U.S.C. 552, will be VIII (NASDAQ PSX Fees) to provide an solicited or received any written available for Web site viewing and additional credit tier for displayed comments relating to this proposal. The printing in the Commission’s Public quotes and orders on NASDAQ PSX Clearing Agencies will notify the Reference Room, 100 F Street NE., (‘‘PSX’’) in securities that are listed on Commission of any written comments Washington, DC 20549 on official exchanges other than The NASDAQ received by the Clearing Agencies. business days between the hours of Stock Market LLC (‘‘Nasdaq’’) or the III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of the New York Stock Exchange LLC Proposed Rule Changes, and Timing for filing also will be available for (‘‘NYSE’’). Commission Action inspection and copying at the principal The text of the proposed rule change office of the Clearing Agencies, and on Within 45 days of the date of is available on the Exchange’s Web DTCC’s Web site (http://dtcc.com/legal/ site at http:// publication of this notice in the Federal sec-rule-filings.aspx). All comments Register or within such longer period nasdaqphlx.cchwallstreet.com/, at the received will be posted without change; principal office of the Exchange, and at up to 90 days (i) as the Commission may the Commission does not edit personal designate if it finds such longer period the Commission’s Public Reference identifying information from Room. to be appropriate and publishes its submissions. You should submit only reasons for so finding or (ii) as to which information that you wish to make II. Self-Regulatory Organization’s the clearing agency consents, the available publicly. All submissions Statement of the Purpose of, and Commission will: should refer to File Number SR–DTC– Statutory Basis for, the Proposed Rule (A) by order approve or disapprove 2017–004, SR–NSCC–2017–005, or SR– Change such Proposed Rule Changes, or FICC–2017–008, and should be In its filing with the Commission, the (B) institute proceedings to determine submitted on or before May 16, 2017. whether the Proposed Rule Changes Exchange included statements should be disapproved. For the Commission, by the Division of concerning the purpose of and basis for Trading and Markets, pursuant to delegated the proposed rule change and discussed IV. Solicitation of Comments 37 authority. any comments it received on the Interested persons are invited to Eduardo A. Aleman, proposed rule change. The text of these submit written data, views and Assistant Secretary. statements may be examined at the arguments concerning the foregoing, [FR Doc. 2017–08286 Filed 4–24–17; 8:45 am] places specified in Item IV below. The including whether the Proposed Rule BILLING CODE 8011–01–P Exchange has prepared summaries, set Changes are consistent with the Act. forth in sections A, B, and C below, of Comments may be submitted by any of the most significant aspects of such the following methods: SECURITIES AND EXCHANGE statements. COMMISSION Electronic Comments A. Self-Regulatory Organization’s • Use the Commission’s Internet [Release No. 34–80483; File No. SR-Phlx- Statement of the Purpose of, and comment form (http://www.sec.gov/ 2017–31] Statutory Basis for, the Proposed Rule rules/sro.shtml); or Change • Self-Regulatory Organizations; Send an email to rule-comments@ NASDAQ PHLX LLC; Notice of Filing 1. Purpose sec.gov. Please include File Number SR– and Immediate Effectiveness of DTC–2017–004, SR–NSCC–2017–005, or Proposed Rule Change To Amend the The purpose of the proposed rule SR–FICC–2017–008 on the subject line. Exchange’s Transaction Fees at change is to provide an additional credit tier for displayed quotes and orders on Paper Comments Section VIII PSX in securities listed on exchanges • Send paper comments in triplicate April 19, 2017. other than Nasdaq or NYSE (‘‘Tape B to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the securities’’) that are priced at $1 and Commission, 100 F Street NE., Securities Exchange Act of 1934 above.3 Washington, DC 20549. (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 Currently, the Exchange provides two All submissions should refer to File notice is hereby given that on April 10, credits for providing liquidity through Number SR–DTC–2017–004, SR–NSCC– 2017, NASDAQ PHLX LLC (‘‘Phlx’’ or PSX. First, the Exchange provides a 2017–005, or SR–FICC–2017–008. One ‘‘Exchange’’) filed with the Securities credit for displayed quotes and orders, of these file numbers should be and Exchange Commission (‘‘SEC’’ or with the amount of the credit included on the subject line if email is ‘‘Commission’’) the proposed rule determined by the member’s used. To help the Commission process change as described in Items I, II, and and review your comments more III, below, which Items have been 3 Tape C securities are those that are listed on the efficiently, please use only one method. prepared by the Exchange. The Exchange [sic], Tape A securities are those that are The Commission will post all comments Commission is publishing this notice to listed on NYSE, and Tape B securities are those that on the Commission’s Internet Web site are listed on exchanges other than Nasdaq or NYSE. The Exchange initially filed the proposed pricing (http://www.sec.gov/rules/sro.shtml). 37 17 CFR 200.30–3(a)(12). changes on April 3, 2017 (SR–Phlx–2017–28). On Copies of the submission, all subsequent 1 15 U.S.C. 78s(b)(1). April 10, 2017, the Exchange withdrew that filing amendments, all written statements 2 17 CFR 240.19b–4. and submitted this filing.

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Consolidated Volume in that month.4 will only apply to securities that are rather than regulatory requirements’ Second, the Exchange provides a credit priced at $1 or above. play a role in determining the market for certain non-displayed orders.5 If a member had no activity in data . . . to be made available to The Exchange now proposes to February 2017 in securities listed on investors and at what cost.’’ 12 provide an additional credit tier for exchanges other than Nasdaq or NYSE Further, ‘‘[n]o one disputes that displayed quotes and orders in Tape B or became a member after February competition for order flow is ‘fierce.’ securities on the Exchange. Specifically, 2017, its February 2017 daily average . . . As the SEC explained, ‘[i]n the U.S. the Exchange will provide a credit of share volume in securities that are listed national market system, buyers and $0.0027 per share executed for on exchanges other than Nasdaq or sellers of securities, and the broker- displayed Quotes/Orders entered in NYSE would be zero for purposes of dealers that act as their order-routing securities listed on exchanges other than determining that member’s eligibility for agents, have a wide range of choices of Nasdaq or NYSE by a member the credit in subsequent months. where to route orders for execution’; organization that (1) provides a The Exchange believes this credit tier [and] ‘no exchange can afford to take its minimum of 1 million shares a day on will incentivize members to provide market share percentages for granted’ average in securities listed on exchanges increased liquidity in Tape B securities because ‘no exchange possesses a other than Nasdaq or NYSE and (2) on the Exchange, thereby enhancing the monopoly, regulatory or otherwise, in doubles the daily average share volume Exchange’s market quality in Tape B the execution of order flow from broker provided in securities that are listed on securities. dealers’....’’13 exchanges other than Nasdaq or NYSE The Exchange believes that the during the month versus the member 2. Statutory Basis additional credit tier is reasonable organization’s daily average share The Exchange believes that its because it is designed to incentivize volume provided in securities that are proposal is consistent with Section 6(b) members to provide increased liquidity listed on exchanges other than Nasdaq of the Act,7 in general, and furthers the in Tape B securities on the Exchange, or NYSE in February 2017.6 This credit objectives of Sections 6(b)(4) and 6(b)(5) thereby enhancing the Exchange’s of the Act,8 in particular, in that it market quality in Tape B securities. The 4 Specifically, the Exchange provides a credit of provides for the equitable allocation of Exchange believes that the amount of $0.0031 per share executed for Quotes/Orders reasonable dues, fees and other charges entered by a member organization that provides and the credit ($0.0027 per share executed) accesses 0.35% or more of Consolidated Volume among members and issuers and other is proportionate to the requirements during the month; $0.0029 per share executed for persons using any facility, and is not necessary to qualify for the credit, and Quotes/Orders entered by a member organization designed to permit unfair will act as an incentive to add liquidity that provides and accesses 0.25% or more of Consolidated Volume during the month; $0.0027 discrimination between customers, in Tape B securities. The Exchange per share executed for Quotes/Orders entered by a issuers, brokers, or dealers. notes that the amount of the credit is member organization that provides and accesses The Commission and the courts have comparable to other credits offered by 0.15% or more of Consolidated Volume during the repeatedly expressed their preference the Exchange for adding displayed month; $0.0025 per share executed for Quotes/ Orders entered by a member organization that for competition over regulatory liquidity, which range from $0.0023 to provides and accesses 0.05% or more of intervention in determining prices, $0.0031 and impose comparable Consolidated Volume during the month; and products, and services in the securities requirements.14 $0.0023 per share executed for all other Quotes/ markets. In Regulation NMS, while The Exchange believes it is reasonable Orders. to provide this credit tier to displayed 5 Specifically, the Exchange provides a credit of adopting a series of steps to improve the $0.0023 per share executed credit for all orders with current market model, the Commission liquidity only, since displayed liquidity midpoint pegging that provide liquidity, and highlighted the importance of market plays a significant role in the price $0.0000 per share executed credit for other non- forces in determining prices and SRO formation process, and should thus be displayed orders that provide liquidity. revenues and, also, recognized that incentivized through a credit tier such 6 As an example, assume that a member had a daily average share volume of 600,000 shares in current regulation of the market system as is being proposed here. The Exchange Tape B securities in February 2017. If the member ‘‘has been remarkably successful in believes that it is reasonable to provide provided 1.2 million shares per day on average in promoting market competition in its this credit tier to Tape B securities that Tape B securities in April, the member would broader forms that are most important to are priced at $1 or greater, because the receive the rebate for that month, since it had 9 doubled its daily average share volume in Tape B investors and listed companies.’’ Exchange desires to increase its market securities in comparison to its February Tape B Likewise, in NetCoalition v. Securities share in Tape B securities, and because volume, and also exceeded the one million daily and Exchange Commission 10 securities priced at less than $1 are share average volume requirement in Tape B (‘‘NetCoalition’’) the D.C. Circuit upheld subject to a separate pricing structure. securities in the month of April. If a member had a daily average share volume of the Commission’s use of a market-based 400,000 shares in Tape B securities in February approach in evaluating the fairness of 12 Id. at 537. 2017, the member would have to increase its market data fees against a challenge 13 Id. at 539 (quoting Securities Exchange Act average daily share volume by 2.5 times in order claiming that Congress mandated a cost- Release No. 59039 (December 2, 2008), 73 FR 74770, 74782–83 (December 9, 2008) (SR– meet the requirements of the proposed rebate, since 11 doubling its February average daily volume in Tape based approach. As the court NYSEArca–2006–21)). B securities would result in an average daily emphasized, the Commission ‘‘intended 14 For example, the Exchange pays a credit of volume of 800,000 shares, which would not satisfy in Regulation NMS that ‘market forces, $0.0027 per share executed for displayed Quotes/ the requirement that the member provide a Orders that are entered by a member organization minimum of 1 million shares a day on average in that provides and accesses 0.15% or more of at least 1 million shares a day on average in Tape securities listed on exchanges other than Nasdaq Consolidated Volume during the month. While that B securities in the month in which eligibility for the and NYSE. credit uses percentage of Daily Volume, rather than credit is being assessed. A member that had a daily average share volume a daily average share volume measurement, the 7 15 U.S.C. 78f(b). of 900,000 shares in Tape B securities in February Exchange believes that the requirements are 8 2017 would have to increase its average daily 15 U.S.C. 78f(b)(4) and (5). nonetheless comparable. volume in Tape B securities to 1.8 million shares 9 Securities Exchange Act Release No. 51808 The Exchange also notes that Bats BZX Exchange, in order to qualify for the credit in a given month, (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) Inc. pays a credit of $0.0027 for displayed orders since this would satisfy the requirement that the (‘‘Regulation NMS Adopting Release’’). that add liquidity in Tape B securities where the member double its average daily share volume in 10 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. member has an average daily added volume that Tape B securities in the given month in comparison 2010). equals or exceeds 0.08% of Total Consolidated to its February 2017 volume, in addition to adding 11 See NetCoalition, at 534–535. Volume.

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The Exchange believes that using The Exchange notes that it already which fee and credit changes in this February 2017 as the basis for offers other credits for adding displayed market may impose any burden on determining eligibility for the credit tier liquidity that do not require the member competition is extremely limited. is reasonable because that month to transact in Tape B securities. In In this instance, the proposed credit represents the most recent full month of adopting this credit tier, the Exchange is tier does not impose a burden on trading for which the Exchange has providing members with another way in competition because the Exchange’s completed its assessment of members’ which they may qualify for a credit on execution services are completely activity on the Exchange for purposes of the Exchange, while incentivizing voluntary and subject to extensive assessing charges and credits, and members to add increased displayed competition both from other exchanges because the selection of a previous liquidity in Tape B securities, thereby and from off-exchange venues. The new month as a baseline prevents members enhancing the market quality on the credit tier is consistent with transaction from changing their behavior Exchange in those securities and credits currently assessed by the prospectively to influence their benefitting all participants. The Exchange and by other exchanges. The baseline, and thus, their eligibility for Exchange notes that, given the new credit tier applies equally to all the credit tier. The Exchange also notes requirement that a member double its members that meet the volume that other exchanges use prior months daily average share volume in Tape B requirements, and all similarly situated as benchmarks for assessing transaction securities in comparison to its February members are equally capable of credits.15 2017 level and provide a minimum of 1 qualifying for the credit if they choose The Exchange believes that it is million shares a day on average in Tape to meet the volume requirements. reasonable to require a member to both B securities in the given month, a Finally, the purpose of the credit is to member may have to more than double double its daily average share volume in incentivize members to add displayed its daily average share volume in Tape Tape B securities in comparison to its liquidity to the Exchange in Tape B B securities in comparison to its February 2017 volume and also securities. The Exchange believes this February 2017 volume, or provide more provides a minimum of 1 million shares will create greater liquidity in those than 1 million shares a day on average a day on average in Tape B securities for securities on the Exchange, which will in Tape B securities in the given month, the month in which eligibility for the potentially attract additional in order to be eligible for the credit tier. credit is being assessed. Requiring that participants to the Exchange and The Exchange believes that this is a member double its daily average share thereby promote competition. equitable and not unfairly volume in Tape B securities in discriminatory because the In sum, if the changes proposed comparison to its February 2017 volume requirements to qualify for the credit herein are unattractive to market means that the member is required to tier apply to all members, and because participants, it is likely that the add volume in an amount which is imposing both elements requires a Exchange will lose market share as a meaningful to the member, while member to add volume in an amount result. Accordingly, the Exchange does requiring that the member provide a which is meaningful to the member (by not believe that the proposed changes daily average share volume of at least of doubling its February 2017 average will impair the ability of members or 1 million shares a day in Tape B daily volume in Tape B securities) and competing order execution venues to securities means that the member is to the Exchange (providing a daily maintain their competitive standing in required to add volume in an amount average share volume of at least of 1 the financial markets. which is meaningful to the Exchange. million shares a day in Tape B C. Self-Regulatory Organization’s The Exchange believes that proposed securities). Statement on Comments on the credit tier is an equitable allocation and Proposed Rule Change Received From is not unfairly discriminatory because B. Self-Regulatory Organization’s Members, Participants, or Others the Exchange will apply the same credit Statement on Burden on Competition to all similarly situated members. The The Exchange does not believe that No written comments were either Exchange notes that participation on the the proposed rule change will impose solicited or received. Exchange, and eligibility for the credit any burden on competition not tier, is voluntary, and that the proposed necessary or appropriate in furtherance III. Date of Effectiveness of the credit tier applies equally to all of the purposes of the Act. In terms of Proposed Rule Change and Timing for members that qualify for it, e.g., the inter-market competition, the Exchange Commission Action notes that it operates in a highly member doubles its daily average share The foregoing rule change has become competitive market in which market volume in Tape B securities in effective pursuant to Section participants can readily favor competing comparison to its February 2017 level 19(b)(3)(A)(ii) of the Act.16 and provides a minimum of 1 million venues if they deem fee levels at a shares a day on average in Tape B particular venue to be excessive, or At any time within 60 days of the securities for the month in which rebate opportunities available at other filing of the proposed rule change, the eligibility for the credit tier is being venues to be more favorable. Commission summarily may assessed. This way to receive an In such an environment, the Exchange temporarily suspend such rule change if ongoing credit is open to any member must continually adjust its fees and it appears to the Commission that such that elects to meet the volume credits to remain competitive with other action is: (i) Necessary or appropriate in requirements in Tape B securities. exchanges and with alternative trading the public interest; (ii) for the protection systems that have been exempted from of investors; or (iii) otherwise in furtherance of the purposes of the Act. 15 For example, Bats BZX Exchange, Inc. pays a compliance with the statutory standards credit of $0.0030 per share for adding displayed applicable to exchanges. Because If the Commission takes such action, the orders if the member increases its share of total competitors are free to modify their own Commission shall institute proceedings Consolidated Volume for adding liquidity by 0.15% fees and credits in response, and to determine whether the proposed rule or more in comparison to its volume in April 2016, should be approved or disapproved. and if the member has an average daily added because market participants may readily volume as a percentage of total Consolidated adjust their order routing practices, the Volume that equals or exceeds 0.20%. Exchange believes that the degree to 16 15 U.S.C. 78s(b)(3)(A)(ii).

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IV. Solicitation of Comments For the Commission, by the Division of below. The Capital Policy and the Trading and Markets, pursuant to delegated Capital Replenishment Plan would be Interested persons are invited to authority.17 maintained by the Clearing Agencies in submit written data, views, and Eduardo A. Aleman, compliance with Rule 17Ad–22(e)(15), arguments concerning the foregoing, Assistant Secretary. under the Act, as described below.3 including whether the proposed rule [FR Doc. 2017–08281 Filed 4–24–17; 8:45 am] Although the Clearing Agencies change is consistent with the Act. BILLING CODE 8011–01–P would consider the Capital Policy and Comments may be submitted by any of the Capital Replenishment Plan to be the following methods: rules, the Proposed Rule Changes do not SECURITIES AND EXCHANGE require any changes to the Rules, By- Electronic Comments COMMISSION laws and Organizational Certificate of DTC (‘‘DTC Rules’’), the Rulebook of the • Use the Commission’s Internet [Release No. 34–80491; File No. SR–DTC– Government Securities Division of FICC comment form (http://www.sec.gov/ 2017–003, SR–NSCC–2017–004, SR–FICC– 2017–007] (‘‘GSD Rules’’), the Clearing Rules of the rules/sro.shtml); or Mortgage-Backed Securities Division of • Send an email to rule-comments@ Self-Regulatory Organizations; The FICC (‘‘MBSD Rules’’), or the Rules & sec.gov. Please include File Number SR– Depository Trust Company; National Procedures of NSCC (‘‘NSCC Rules’’), as Phlx–2017–31 on the subject line. Securities Clearing Corporation; Fixed the Policy and the Plan would be standalone documents.4 Paper Comments Income Clearing Corporation; Notice of Filings of Proposed Rule Changes, as II. Clearing Agencies’ Statements of the • Send paper comments in triplicate Modified by Amendments No. 1, To Purpose of, and Statutory Basis for, the to Secretary, Securities and Exchange Adopt the Clearing Agency Policy on Proposed Rule Changes Commission, 100 F Street NE., Capital Requirements and the Clearing Agency Capital Replenishment Plan In their filings with the Commission, Washington, DC 20549–1090. the Clearing Agencies included All submissions should refer to File April 19, 2017. statements concerning the purpose of Number SR–Phlx–2017–31. This file Pursuant to Section 19(b)(1) of the and basis for the Proposed Rule Changes number should be included on the Securities Exchange Act of 1934 and discussed any comments they subject line if email is used. To help the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 received on the Proposed Rule Changes. Commission process and review your notice is hereby given that on April 6, The text of these statements may be comments more efficiently, please use 2017, The Depository Trust Company examined at the places specified in Item IV below. The Clearing Agencies have only one method. The Commission will (‘‘DTC’’), National Securities Clearing prepared summaries, set forth in post all comments on the Commission’s Corporation (‘‘NSCC’’), and Fixed sections A, B, and C below, of the most Internet Web site (http://www.sec.gov/ Income Clearing Corporation (‘‘FICC’’, significant aspects of such statements. rules/sro.shtml). Copies of the and together with DTC and NSCC, the ‘‘Clearing Agencies’’), filed with the submission, all subsequent (A) Clearing Agencies’ Statements of the Securities and Exchange Commission amendments, all written statements Purpose of, and Statutory Basis for, the (‘‘Commission’’) the proposed rule Proposed Rule Changes with respect to the proposed rule changes. On April 13, 2017, the Clearing change that are filed with the Agencies filed Amendments No. 1 to the 1. Purpose Commission, and all written proposed rule changes, which made The Clearing Agencies are proposing communications relating to the technical corrections to the page to adopt the Capital Policy, which proposed rule change between the numbers and the Table of Contents in would set forth the manner in which Commission and any person, other than the Exhibit 5s. The proposed rule each Clearing Agency identifies, those that may be withheld from the changes, as modified by Amendments monitors, and manages its general public in accordance with the No. 1 (hereinafter collectively business risk with respect to the provisions of 5 U.S.C. 552, will be ‘‘Proposed Rule Changes’’), are requirement to hold sufficient liquid net available for Web site viewing and described in Items I and II below, which assets (‘‘LNA’’) funded by equity to printing in the Commission’s Public Items have been prepared primarily by cover potential general business losses Reference Room, 100 F Street NE., the Clearing Agencies. The Commission so the Clearing Agencies can continue Washington, DC 20549, on official is publishing this notice to solicit operations and services as a going business days between the hours of comments on the Proposed Rule concern if such losses materialize. The 10:00 a.m. and 3:00 p.m. Copies of the Changes from interested persons. amount of LNA funded by equity to be filing also will be available for I. Clearing Agencies’ Statements of the held by each of the Clearing Agencies inspection and copying at the principal Terms of Substance of the Proposed for this purpose would be defined in the office of the Exchange. All comments Rule Changes Policy as the General Business Risk received will be posted without change; The Proposed Rule Changes would 3 the Commission does not edit personal 17 CFR 240.17Ad–22(e)(15). The Commission adopt (1) the Clearing Agency Policy on adopted amendments to Rule 17Ad–22, including identifying information from Capital Requirements (‘‘Capital Policy’’ the addition of new section 17Ad–22(e), on submissions. You should submit only or ‘‘Policy’’) of the Clearing Agencies; September 28, 2016. See Securities Exchange Act information that you wish to make Release No. 78961 (September 28, 2016), 81 FR and (2) the Clearing Agency Capital 70786 (October 13, 2016) (S7–03–14). Each of the available publicly. All submissions Replenishment Plan (‘‘Capital Clearing Agencies is a ‘‘covered clearing agency’’ as should refer to File Number SR–Phlx– Replenishment Plan’’ or ‘‘Plan’’) of the defined in Rule 17Ad–22(a)(5) and must comply 2017–31 and should be submitted on or Clearing Agencies, both described with new section (e) of Rule 17Ad–22 by April 11, before May 16, 2017. 2017. 4 Capitalized terms not defined herein are defined 17 17 CFR 200.30–3(a)(12). in the DTC Rules, GSD Rules, MBSD Rules, or 1 15 U.S.C. 78s(b)(1). NSCC Rules, as applicable, available at http:// 2 17 CFR 240.19b–4. dtcc.com/legal/rules-and-procedures.

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Capital Requirement. The Capital Policy and the Capital Replenishment Plan on amount would be calculated for each would also address how each Clearing an annual basis. Clearing Agency as the greatest of three Agency maintains a portion of retained separate calculations—an amount based Overview of Capital Policy earnings as LNA funded by equity as its on that Clearing Agency’s general Credit Risk Capital Requirement, in The Capital Policy would describe business risk profile (‘‘Risk-Based accordance with its rules and as a part how the General Business Risk Capital Capital Requirement’’), an amount based of its management of credit risk.5 Requirement and the Credit Risk Capital on the time estimated to execute a As described in greater detail below, Requirement of each Clearing Agency, recovery or orderly wind-down of the the Capital Policy would describe how as both are defined in the Policy and critical operations of that Clearing each Clearing Agency’s General described below, fit within the Clearing Agency (‘‘Recovery/Wind-down Capital Business Risk Capital Requirement and Agencies’ Capital Framework. The Requirement’’), and an amount based on Credit Risk Capital Requirement fit Capital Framework would include the an analysis of that Clearing Agency’s within the Clearing Agencies’ Capital total amount of capital to be held by estimated operating expenses for a six Framework. The Policy would describe each of the Clearing Agencies in order (6) month period (‘‘Operating Expense how each Clearing Agency calculates to (1) comply with regulatory Capital Requirement’’). On an annual the appropriate amount of LNA funded requirements for general business risk, basis, each of these three capital by equity to be held as its General as its General Business Risk Capital requirements would be measured, and Business Risk Capital Requirement. The Requirement,7 and (2) maintain a the General Business Risk Capital Policy would also describe how each portion of retained earnings to address Requirement for each Clearing Agency Clearing Agency maintains, monitors, credit risks, as its Credit Risk Capital would be determined as the greatest of and manages its total amount of LNA Requirement, consistent with its rules.8 these calculations. funded by equity. Finally, the Policy The Total Capital Requirement of each Under the Policy, the Risk-Based provides for a viable plan for the Clearing Agency would be calculated as Capital Requirement of each Clearing replenishment of capital through the the sum of its General Business Risk Agency would be calculated by Capital Replenishment Plan. Capital Requirement and Credit Risk identifying the general business risk The Clearing Agencies are also Capital Requirement. profile of that Clearing Agency through proposing to adopt the Capital In addition to the Total Capital analysis of the Clearing Agency’s Replenishment Plan as a viable plan for Requirement, the Clearing Agencies’ business performance, key performance the replenishment of capital by each Capital Framework would also include indicators, and market environment and Clearing Agency, should its equity fall an additional, discretionary amount of through comparison of financial close to or below the amount being held LNA funded by equity, referred to as a performance versus the entity’s budget as its Total Capital Requirement ‘‘Buffer.’’ The amount held as Buffer and forecast.11 Treasury would then pursuant to the Capital Policy. As would be periodically reassessed by calculate the amount necessary to cover described in greater detail below, the Treasury, and would generally equal those potential general business losses Capital Replenishment Plan would approximately four to six (4–6) months so the Clearing Agency can continue identify the circumstances that would of operating expenses for the respective operations and services if those losses trigger implementation of the Plan; the Clearing Agency based on various materialize. The sum of these amounts roles, responsibilities, and guiding factors, including historical fluctuations would constitute that Clearing Agency’s principles for implementation of the of LNA and estimates of potential losses Risk-Based Capital Requirement. Plan; and an overview and description from general business risk. The Recovery/Wind-down Capital of each of the tools that may be used to Next, the Policy would describe how Requirement of each Clearing Agency replenish capital. the Clearing Agencies each maintain a would be determined by that Clearing Both the Capital Policy and the Credit Risk Capital Requirement, Agency’s Board as the amount it deems Capital Replenishment Plan would be comprised of a portion of retained to be sufficient to ensure a recovery or owned and managed by the Treasury earnings, in accordance with their wind-down of critical operations and group (‘‘Treasury’’) of the Clearing respective rules.9 Under the Policy, services of that Clearing Agency. On an Agencies.6 The Boards, or such these resources would be maintained to annual basis, and in order to assist each committees as may be delegated address losses due to a participant Board in making its determination, authority by the Boards from time to default, and held in addition to the LNA Treasury would calculate the greatest of time pursuant to their charter, would funded by equity held by each of the (1) the estimated amount sufficient to review and approve the Capital Policy Clearing Agencies as its General ensure a recovery of critical operations Business Risk Capital Requirement. and services of the Clearing Agency; and 5 LNA funded by equity held as the Clearing The Policy would also describe how (2) the estimated amount sufficient to Agencies’ Credit Risk Capital Requirement is held each Clearing Agency would determine ensure an orderly wind-down of critical in addition to resources held by the Clearing the appropriate amount of LNA funded operations and services of the Clearing Agencies for credit risk in compliance with Rule 12 17Ad–22(e)(4), and in addition to resources held by by equity to be held as its General Agency. the Clearing Agencies for liquidity risk in Business Risk Capital Requirement, compliance with Rule 17Ad–22(e)(7). 17 CFR which would be an amount sufficient to 11 Under the Policy, business risks that make up 240.17Ad–22(e)(4), (7). Supra note 3. cover potential general business losses a Clearing Agency’s general business risk profile 6 The parent company of the Clearing Agencies is so that the Clearing Agency can would include, for example, the risk that revenues The Depository Trust & Clearing Corporation decline or expenses grow, the operational risks of (‘‘DTCC’’). DTCC operates on a shared services continue operations and services as a deficiencies in its systems or disruptions to model with respect to the Clearing Agencies. Most going concern if those losses processing from internal or external events, or corporate functions are established and managed on materialize.10 Under the Policy, this investment risk of loss of financial resources. an enterprise-wide basis pursuant to intercompany 12 Under the Policy, Treasury would make these agreements under which it is generally DTCC that calculations in consultation with and reference to 7 provides a relevant service to a Clearing Agency. 17 CFR 240.17Ad–22(e)(15). Supra note 3. the plans maintained by the Clearing Agencies that Treasury is a part of the Finance Department and 8 See DTC Rule 4, GSD Rule 4, MBSD Rule 4, and are developed by the Clearing Agencies in is responsible for carrying out the roles and NSCC Rule 4 and Addendum E. Supra note 4. compliance with Rule 17Ad–22(e)(3)(ii). 17 CFR responsibilities described in the Capital Policy and 9 Id. 240.17Ad–22(e)(3). Supra note 3. The Commission Capital Replenishment Plan. 10 17 CFR 240.17Ad–22(e)(15). Supra note 3. granted the Clearing Agencies a temporary

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Finally, the Operational Expense Replenishment Plan, described below. appropriate analysis, the sequence and Capital Requirement of each Clearing DTCC also maintains insurance policies combination of replenishment tools to Agency would be determined as the that cover certain potential losses, be used in the event the Plan is greatest of (i) six (6) times the average which are another tool available to triggered. The Plan would also set forth monthly operating expense for that manage the general business risks of the certain guiding principles, including Clearing Agency over the prior twelve Clearing Agencies, as described in the prioritization of replenishment tools (12) month period, and (ii) a prospective Policy. that have sufficient capacity at the time operating expense estimate based on Overview of Capital Replenishment the Plan is implemented and are able to forecasted expense data. Plan restore the affected Clearing Agency’s As stated above, each of these capital LNA funded by equity to an appropriate requirements would be determined on The Capital Replenishment Plan level above its Total Capital at least an annual basis, and the General would describe the framework for each Requirement in the shortest possible Business Risk Capital Requirement of Clearing Agency to replenish LNA timeframe. each Clearing Agency would be the funded by equity through the utilization Finally, the Plan would identify the greatest of the three calculations. of one or more ‘‘replenishment tools,’’ replenishment tools that may be utilized Finally, the Policy would describe as described further below. The when the Plan is implemented and the how each Clearing Agency maintains, circumstances that trigger the Plan estimated timeframe for executing each monitors and manages its LNA funded would include (i) when equity being tool. These tools would serve as either by equity held as its Total Capital held by a Clearing Agency is at or below (1) bridge financing, which would Requirement. The Policy would provide an amount equal to that Clearing provide immediate financing, but that each Clearing Agency hold LNA Agency’s Total Capital Requirement, should be considered only an initial funded by equity in an amount to meet plus the equivalent of one (1) month of step in implementation of the Plan; or its calculated General Business Risk operating expenses of that Clearing (2) capital replenishment, which would Capital Requirement in cash and cash Agency, as also determined pursuant to provide the affected Clearing Agency equivalents, which are highly liquid the Policy; and (ii) the Board of a with the required additional equity on securities or bank deposits. The Policy Clearing Agency determines that the a longer term basis. The replenishment would also make clear that LNA funded Plan should be implemented. The Plan tools would include either actions taken by equity held to meet each Clearing would identify certain risks that, if by DTCC to raise capital, which would Agency’s General Business Risk Capital realized, may cause these triggers to then be contributed to the affected Requirement would be held in addition occur, including, for example, Clearing Agency, subject to the guiding to LNA funded by equity as its Credit unexpected declines in revenue, principles, or actions taken by the Risk Capital Requirement, and also in disruptions to systems or processes that Clearing Agencies to raise capital. addition to resources held by that lead to large losses, or investment risks. With respect to those tools that Treasury would be responsible for Clearing Agency in compliance with its involve actions taken by DTCC, the Plan implementation of the Plan, in regulatory requirements with respect to would also set forth the conditions collaboration with other business areas, credit risk and liquidity risk, as under which the Clearing Agencies as necessary based on the replenishment described above. would obtain capital through either a tools that are chosen when the Plan is The Policy would describe how contribution or an intercompany loan. triggered. The Plan would outline the Treasury would monitor and manage For example, intercompany loans would steps to be taken by Treasury once the the LNA funded by equity held by each only be permitted from DTCC to an Plan is triggered, which include Clearing Agency so it continues to hold affected Clearing Agency if the Clearing identifying the total amount of equity an amount equal to its Total Capital that would be needed for the affected Agency’s equity exceeds its amount of Requirement. Each Clearing Agency Clearing Agency to meet its Total LNA. Additionally, while some of the would manage its general business risks Capital Requirement, analyzing that replenishment tools would involve the in order to maintain adequate LNA Clearing Agency’s financial outlook, and incurrence of debt by DTCC, such funds funded by equity in a number of ways, selecting the appropriate replenishment would be contributed to the affected including (1) taking steps to maintain an tools to be utilized. The Board of the Clearing Agency as either equity (as a appropriate and sustainable level of affected Clearing Agency, or such capital contribution) or as LNA (as an profitability; (2) maintaining the Buffer committee as may be delegated intercompany loan). amount of LNA funded by equity in authority by that Board from time to Actions that may be taken by DTCC addition to its Total Capital time, would approve the proposal for would include, for example, (1) Requirement; (3) taking steps to increase implementation of the Plan once it is contributing existing prefunded the amount of LNA funded by equity triggered, and review a report of each resources to the affected Clearing when necessary; and (4) maintaining a implementation of the Plan when it is Agency; (2) borrowing under an existing viable plan for the replenishment of complete. The Plan would also make line of credit to which DTCC is a party; equity through the Capital clear that utilization of each (3) making a claim for insurance replenishment tool would require proceeds, when applicable; (4) exemption from compliance with the Recovery and authorizing, issuing and selling shares Wind-down plan requirements of the Standards involvement and coordination with other corporate functions and other of common stock of DTCC to certain until December 31, 2017. See Securities Exchange DTCC shareholders pursuant to the Act Release No. 80378 (April 5, 2017) (File No. S7– policies and procedures, and must 03–14). Until such time as the Clearing Agencies follow the process outlined in the terms and restrictions set forth in the have Recovery and Wind-down plans that are operative documents related to each DTCC Certificate of Incorporation and approved by their Boards in anticipation of the DTCC Fourth Amended and compliance with Rule 17Ad–22(e)(3)(ii), the tool, as identified in the Plan. 13 Recovery/Wind-down Capital Requirement of each The Plan would provide Treasury Restated Shareholders Agreement; (5) Clearing Agency would be assumed to be zero. The with the necessary flexibility and General Business Risk Capital Requirement would 13 See Securities Exchange Act Release No. 74142 therefore be the greater of the Risk-Based Capital discretion, as appropriate, in (January 27, 2015), 80 FR 5188 (January 30, 2015); Requirement and the Operating Expense Capital implementation of the Plan, including (File Nos. SR–FICC–2014–810; SR–NSCC–2014– Requirement. the ability to determine, based on 811; SR–DTC–2014–812).

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the issuance or sale of preferred stock by Capital Replenishment Plan are Clearing Agency. Therefore, the Clearing DTCC; or (6) the sale or divesture of designed to meet requirements of Rule Agencies believe the Capital Policy is assets or businesses. Actions each 17Ad–22(e)(15) for the reasons consistent with Rule 17Ad– Clearing Agency can take to increase described below. 22(e)(15)(ii).22 capital would include increasing fees Rule 17Ad–22(e)(15)(i), under the Act, Rule 17Ad–22(e)(15)(ii) further for services, when appropriate, or requires the Clearing Agencies to requires, in part, that the LNA funded decreasing expenses. determine the amount of LNA funded by equity held by the Clearing Agencies by equity based upon its general pursuant to Rule 17Ad–22(e)(15)(ii) 2. Statutory Basis business risk profile and the length of shall be (A) in addition to resources The Clearing Agencies believe that the time required to achieve a recovery or held to cover participant defaults or Proposed Rule Changes are consistent orderly wind-down, as appropriate, of other credits and liquidity risks; and (B) with the requirements of the Act and the its critical operations and services if of high quality and sufficiently liquid to rules and regulations thereunder such action is taken.19 Pursuant to the allow the covered clearing agency to applicable to a registered clearing Policy, each Clearing Agency’s General meet its current and projected operating agency. In particular, the Clearing Business Risk Capital Requirement, or expenses under a range of scenarios, Agencies believe that the Capital Policy the amount of LNA funded by equity including in adverse market and the Capital Replenishment Plan are determined by the Clearing Agency to conditions.23 The Capital Policy would both consistent with Section be sufficient to cover potential general identify the General Business Risk 17A(b)(3)(F) of the Act 14 and Rule business losses, would be calculated as Capital Requirement of each Clearing 17Ad–22(e)(15), under the Act,15 for the the greatest of (1) an amount calculated Agency as a separate component of that reasons described below. based on the Clearing Agency’s general Clearing Agency’s Capital Framework, Section 17A(b)(3)(F) of the Act business risk profile, defined as its Risk- and would provide that LNA funded by requires, in part, that the rules of the Based Capital Requirement, (2) an equity held by each Clearing Agency as Clearing Agencies be designed to amount based on the time estimated to its General Business Risk Capital promote the prompt and accurate execute a recovery or orderly wind- Requirement be held in addition to (1) clearance and settlement of securities down of the critical operations of the LNA funded by equity held as that transactions, and to assure the Clearing Agency, defined as its Clearing Agency’s Credit Risk Capital safeguarding of securities and funds Recovery/Wind-down Capital Requirement; (2) resources held by that which are in the custody or control of Requirement, and (3) an amount based Clearing Agency in compliance with the Clearing Agencies or for which they on an analysis of the Clearing Agency’s Rule 17Ad–22(e)(4) for credit risk are responsible.16 Together, the Capital estimated operating expenses for a six (which resources are also held in Policy and the Capital Replenishment (6) month period, defined as its addition to that Clearing Agency’s Plan would be designed to ensure that Operating Expense Capital Requirement. Credit Risk Capital Requirement); 24 and each of the Clearing Agencies hold By providing that each Clearing Agency (3) resources held by that Clearing sufficient LNA funded by equity to calculate its General Business Risk Agency in compliance with Rule 17Ad– cover potential general business losses Capital Requirement as the greatest of 22(e)(7) for liquidity risk.25 so that the Clearing Agencies can these three calculated amounts, the Additionally, the Capital Policy would continue the prompt and accurate Clearing Agencies believe the Capital provide that the LNA funded by equity clearance and settlement of securities Policy is consistent with Rule 17Ad– being held by each Clearing Agency to transactions and can continue to assure 22(e)(15)(i).20 meet its Total Capital Requirement be the safeguarding of securities and funds Rule 17Ad–22(e)(15)(ii), under the held in cash and cash equivalents, which are in their custody or control or Act, requires, in part, that the Clearing which are highly liquid securities or for which they are responsible if those Agencies hold LNA funded by equity bank deposits. Therefore, the Clearing losses materialize. Therefore, the equal to the greater of either (x) six Agencies believe the Capital Policy is Clearing Agencies believe the Capital months of the covered clearing agency’s consistent with Rule 17Ad– Policy and the Capital Replenishment current operating expenses, or (y) the 22(e)(15)(ii)(A) and (B).26 Plan are consistent with the amount determined by the board of Rule 17Ad–22(e)(15)(iii), under the requirements of Section 17A(b)(3)(F) of directors to be sufficient to ensure a Act, requires the Clearing Agencies to the Act.17 recovery or orderly wind-down of maintain a viable plan, approved by the Rule 17Ad–22(e)(15), under the Act, critical operations and services of the Boards and updated at least annually, requires the Clearing Agencies to covered clearing agency.21 As described for raising additional equity should its establish, implement, maintain and above, the Policy would provide that equity fall close to or below the amount enforce written policies and procedures each Clearing Agency hold LNA funded required under Rule 17Ad– 27 reasonably designed to identify, by equity in an amount that is the 22(e)(15)(ii). As described above, the monitor, and manage their respective greatest of its Risk-Based Capital Capital Replenishment Plan would be a general business risk and hold sufficient Requirement, its Recovery/Wind-down viable plan describing the procedures by liquid net assets funded by equity to Capital Requirement, or its Operating which each of the Clearing Agencies cover potential general business losses Expense Capital Requirement. The would replenish capital, should its so that the Clearing Agencies can Recovery/Wind-down Capital capital fall close to or below its Total continue operations and services as a Requirement of each Clearing Agency Capital Requirement. Therefore, the going concern if those losses would be defined in the Policy as an Clearing Agencies believe the Capital materialize.18 The Clearing Agencies amount determined by that Clearing 22 believe that the Capital Policy and the Agency’s Board to be sufficient to Id. ensure a recovery or orderly wind-down 23 17 CFR 240.17Ad–22(e)(15)(ii)(A), (B). Supra note 3. 14 15 U.S.C. 78q–1(b)(3)(F). of critical operations and services of that 24 17 CFR 240.17Ad–22(e)(4). Supra note 3. 15 17 CFR 240.17Ad–22(e)(15). Supra note 3. 25 17 CFR 240.17Ad–22(e)(7). Supra note 3. 16 15 U.S.C. 78q–1(b)(3)(F). 19 17 CFR 240.17Ad–22(e)(15)(i). Supra note 3. 26 17 CFR 240.17Ad–22(e)(15)(ii)(A), (B). Supra 17 Id. 20 Id. note 3. 18 17 CFR 240.17Ad–22(e)(15). Supra note 3. 21 17 CFR 240.17Ad–22(e)(15)(ii). Supra note 3. 27 17 CFR 240.17Ad–22(e)(15)(iii). Supra note 3.

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Replenishment Plan is consistent with Changes are consistent with the Act. For the Commission, by the Division of Rule 17Ad–22(e)(15)(iii).28 Comments may be submitted by any of Trading and Markets, pursuant to delegated 31 the following methods: authority. (B) Clearing Agencies’ Statements on Eduardo A. Aleman, Burden on Competition Electronic Comments Assistant Secretary. Each of the Clearing Agencies believes [FR Doc. 2017–08287 Filed 4–24–17; 8:45 am] • Use the Commission’s Internet that neither the Capital Policy nor the comment form (http://www.sec.gov/ BILLING CODE 8011–01–P Capital Replenishment Plan would have any impact, or impose any burden, on rules/sro.shtml); or competition because the Proposed Rule • Send an email to rule-comments@ SECURITIES AND EXCHANGE Changes would implement the Policy sec.gov. Please include File Number SR– COMMISSION and the Plan as rules within the DTC–2017–003, SR–NSCC–2017–004 or [Release No. 34–80485; File Nos. SR–DTC– 29 meaning of Rule 19b–4 under the Act. SR–FICC–2017–007 on the subject line. 2017–005; SR–FICC–2017–009; SR–NSCC– The Policy and the Plan have been 2017–006] developed and documented in order to Paper Comments Self-Regulatory Organizations; The satisfy the regulatory requirements set • Send paper comments in triplicate Depository Trust Company; Fixed forth above, and they generally reflect to Secretary, Securities and Exchange Income Clearing Corporation; National existing tools and existing internal Commission, 100 F Street NE., procedures. Existing tools that would Securities Clearing Corporation; Washington, DC 20549. have a direct impact on the rights, Notice of Filings of Proposed Rule responsibilities or obligations of All submissions should refer to File Changes To Adopt the Clearing members or participants of the Clearing Number SR–DTC–2017–003, SR–NSCC– Agency Stress Testing Framework Agencies are reflected in the Clearing 2017–004 or SR–FICC–2017–007. One of (Market Risk) Agencies’ existing rules.30 Accordingly, these file numbers should be included April 19, 2017. the Policy and the Plan themselves are on the subject line if email is used. To Pursuant to Section 19(b)(1) of the documents intended to enhance the help the Commission process and Securities Exchange Act of 1934, as Clearing Agencies’ internal management review your comments more efficiently, amended (‘‘Act’’) 1 and Rule 19b–4 and regulatory compliance and therefore please use only one method. The thereunder,2 notice is hereby given that do not have any impact, or impose any Commission will post all comments on on April 7, 2017, The Depository Trust burden, on competition. the Commission’s Internet Web site Company (‘‘DTC’’), Fixed Income (C) Clearing Agencies’ Statements on (http://www.sec.gov/rules/sro.shtml). Clearing Corporation (‘‘FICC’’), and Comments on the Proposed Rule Copies of the submission, all subsequent National Securities Clearing Corporation Changes Received From Members, amendments, all written statements (‘‘NSCC,’’ and together with DTC and Participants, or Others with respect to the Proposed Rule FICC, the ‘‘Clearing Agencies’’) filed The Clearing Agencies have not Changes that are filed with the with the Securities and Exchange solicited or received any written Commission, and all written Commission (‘‘Commission’’) the comments relating to this proposal. The communications relating to the proposed rule changes as described in Clearing Agencies will notify the Proposed Rule Changes between the Items I and II below, which Items have Commission of any written comments Commission and any person, other than been prepared primarily by the Clearing received by the Clearing Agencies. those that may be withheld from the Agencies. The Commission is public in accordance with the publishing this notice to solicit III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be comments on the proposed rule changes Proposed Rule Changes, and Timing for available for Web site viewing and from interested persons. Commission Action printing in the Commission’s Public I. Clearing Agencies’ Statements of the Within 45 days of the date of Reference Room, 100 F Street NE., Terms of Substance of the Proposed publication of this notice in the Federal Washington, DC 20549 on official Rule Changes Register or within such longer period business days between the hours of up to 90 days (i) as the Commission may The proposed rule changes would 10:00 a.m. and 3:00 p.m. Copies of the adopt the Clearing Agency Stress designate if it finds such longer period filing also will be available for to be appropriate and publishes its Testing Framework (Market Risk) inspection and copying at the principal (‘‘Framework’’) of the Clearing reasons for so finding or (ii) as to which office of the Clearing Agencies, and on the clearing agency consents, the Agencies, described below. The DTCC’s Web site (http://dtcc.com/legal/ Commission will: Framework would apply to both of sec-rule-filings.aspx). All comments (A) by order approve or disapprove FICC’s divisions, the Government such Proposed Rule Changes, or received will be posted without change; Securities Division (‘‘GSD’’) and the (B) institute proceedings to determine the Commission does not edit personal Mortgage-Backed Securities Division whether the Proposed Rule Changes identifying information from (‘‘MBSD’’). The Framework would be should be disapproved. submissions. You should submit only maintained by the Clearing Agencies in information that you wish to make compliance with Rule 17Ad–22(e)(4)(i), IV. Solicitation of Comments available publicly. All submissions (iii) through (vii), under the Act, as Interested persons are invited to should refer to File Number SR–DTC– described below.3 submit written data, views and 2017–003, SR–NSCC–2017–004 or SR– arguments concerning the foregoing, 31 17 CFR 200.30–3(a)(12). FICC–2017–007, and should be 1 including whether the Proposed Rule 15 U.S.C. 78s(b)(1). submitted on or before May 16, 2017. 2 17 CFR 240.19b–4. 3 17 CFR 240.17Ad–22(e)(4)(i), and (iii) through 28 Id. (vii). The Commission adopted amendments to Rule 29 17 CFR 240.19b–4. 17Ad–22, including the addition of new section 30 Supra note 4. Continued

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Although the Clearing Agencies and (iv) the Clearing Agencies’ model any eligible securities being subject to a would consider the Framework to be a validation practices. The Framework haircut, as provided for under those rule, the proposed rule changes do not would address stress testing of each rules.10 The Framework would describe require any changes to the Rules, By- Clearing Agency’s total prefunded that such deposits are calculated for Laws and Organizational Certificate of financial resources, and would not each individual Member pursuant to the DTC (‘‘DTC Rules’’), the Rulebook of address assessments for additional GSD Rules, MBSD Rules, or NSCC GSD (‘‘GSD Rules’’), the Clearing Rules contributions or other resources that are Rules, as applicable, and each Member’s of MBSD (‘‘MBSD Rules’’), or the Rules not prefunded and may be available to deposits would be referred to in the & Procedures of NSCC (‘‘NSCC Rules’’), the Clearing Agencies. The Framework Framework as its ‘‘Required Deposit.’’ 11 as the Framework would be a would be owned and managed by the With respect to DTC, the Framework standalone document.4 Data and Portfolio Analytics group would describe that its prefunded within the Quantitative Risk financial resources are cash deposits to II. Clearing Agencies’ Statements of the Management department.6 its Participants Fund, made by its Purpose of, and Statutory Basis for, the The Framework would first outline Members pursuant to the DTC Rules.12 Proposed Rule Changes the regulatory requirements that apply The Framework would also describe In their filings with the Commission, to each Clearing Agency with respect to that DTC may use its risk management the Clearing Agencies included credit risk management, and then would control, the ‘‘Collateral Monitor,’’ to statements concerning the purpose of describe how the Clearing Agencies monitor and assure that the settlement and basis for the proposed rule changes address those requirements. The obligations of each Member are fully and discussed any comments they Framework would describe the credit collateralized.13 received on the proposed rule changes. risk management strategy of each of the The Framework would describe the The text of these statements may be Clearing Agencies,7 which is to stress testing methodologies that are examined at the places specified in Item maintain sufficient prefunded financial used by the Clearing Agencies to test the IV below. The Clearing Agencies have resources to cover fully its credit sufficiency of their total prefunded prepared summaries, set forth in exposures to each Member with a high financial resources, described above, sections A, B, and C below, of the most degree of confidence, and further, to against potential losses, assuming the significant aspects of such statements. maintain additional prefunded financial default of a Member with the largest resources at a minimum to enable it to credit exposure to a Clearing Agency (A) Clearing Agencies’ Statements of the cover a wide range of foreseeable stress and that Member’s Affiliated Family Purpose of, and Statutory Basis for, the scenarios that include, but are not under extreme but plausible market Proposed Rule Changes limited to, the default of the affiliated conditions. The Framework would state 1. Purpose family (‘‘Affiliated Family’’) of Members that the stress testing would be designed that would potentially cause the largest The Clearing Agencies are proposing to identify potential weaknesses in the aggregate credit exposure to the Clearing to adopt the Framework, which would methodologies used to calculate Agency in extreme but plausible market set forth the manner in which each Members’ Required Deposits and to conditions (‘‘Cover One Requirement’’).8 Clearing Agency effectively identifies, determine collateral haircuts. Because the credit risks and prefunded The Framework would describe in measures, monitors and manages its financial resources of the Clearing detail the three key components of the credit exposures to Members 5 and those Agencies are different in certain development of stress testing arising from its payment, clearing, and respects, the Framework would describe methodologies, which include the settling processes, as applicable. In the prefunded financial resources and following: general, the Framework would describe related stress testing methodologies of the stress testing practices adopted by Risk Identification. The Clearing Agencies the Clearing Agencies separately, where the Clearing Agencies that are designed identify the principal credit risk drivers that applicable. to ensure the sufficiency of each are representative and specific to each The Framework would describe the Clearing Agency’s clearing and/or collateral Clearing Agency’s total prefunded sources of prefunded financial resources portfolio to determine risk exposures by financial resources, as described in of the Clearing Agencies for purposes of analyzing the securities and risk exposures in greater detail below. The Framework compliance with Rule 17Ad–22(e)(4).9 their Members’ clearing and/or collateral would describe (i) the sources of each portfolios to identify representative principal With respect to FICC and NSCC, the Clearing Agency’s total prefunded market risk drivers and to capture the risk Framework would describe that such financial resources; (ii) the Clearing sensitivity of the clearing and/or collateral prefunded financial resources are their Agencies’ stress testing methodologies; portfolios under stressed market conditions. respective clearing funds, which contain Scenario Development. The Clearing (iii) the Clearing Agencies’ stress testing deposits from their Members pursuant Agencies construct comprehensive and governance and execution processes; to their respective rules consisting of relevant sets of extreme but plausible both cash and eligible securities, with historical and hypothetical stress scenarios 17Ad–22(e), on September 28, 2016. See Securities for the identified risk drivers. The Exchange Act Release No. 78961 (September 28, Framework would describe how the Clearing 6 2016), 81 FR 70786 (October 13, 2016) (S7–03–14). The parent company of the Clearing Agencies is Agencies develop and select both historical The Depository Trust & Clearing Corporation Each of the Clearing Agencies is a ‘‘covered clearing and hypothetical scenarios that reflect agency’’ as defined in Rule 17Ad–22(a)(5), and must (‘‘DTCC’’). DTCC operates on a shared services comply with new section (e) of Rule 17Ad–22 by model with respect to the Clearing Agencies. Most April 11, 2017. corporate functions are established and managed on 10 FICC/GSD Rule 4 (Clearing Fund and Loss 4 Capitalized terms not defined herein are defined an enterprise-wide basis pursuant to intercompany Allocation), FICC/MBSD Rule 4 (Clearing Fund and in the DTC Rules, GSD Rules, MBSD Rules, or agreements under which it is generally DTCC that Loss Allocation), and NSCC Rule 4 (Clearing Fund). NSCC Rules, as applicable, available at http:// provides a relevant service to a Clearing Agency. Supra note 4. dtcc.com/legal/rules-and-procedures. 7 Rule 17Ad–22(e)(4) under the Act refers to these 11 Id. 5 FICC and NSCC refer to their participants as risks as ‘‘credit risks.’’ 17 CFR 240.17Ad–22(e)(4), 12 DTC Rule 4 (Participants Fund and Participants ‘‘Members,’’ while DTC refers to its participants as supra note 3. Because the Clearing Agencies refers Investment). Supra note 4. ‘‘Participants.’’ These terms are defined in the rules to these risks as ‘‘market risks,’’ the Framework 13 ‘‘Collateral Monitor’’ is defined in DTC Rule 1, of each of the Clearing Agencies. Supra note 4. In would use these terms interchangeably. Section 1 (Definitions), and its calculation is further this filing ‘‘Members’’ refers to both the Members 8 See 17 CFR 240.17Ad–22(e)(4)(iii). Supra note 3. provided for in the DTC Settlement Service Guide of FICC and NSCC and the Participants of DTC. 9 17 CFR 240.17Ad–22(e)(4). Supra note 3. of the DTC Rules. Supra note 4.

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stressed market conditions. Historical collateral portfolios, as well as the prefunded financial resources in light of scenarios are based on stressed market potential general market impacts of that current and evolving market conditions. conditions that occurred on specific dates in default to other securities. The The Framework would state that such the past. Hypothetical stress scenarios are analyses may occur more frequently theoretical market conditions that could Framework would describe the reverse conceivably occur. stress testing analyses that are than monthly if, for example, the Risk Measurement and Aggregation. The performed by FICC and NSCC on at least products cleared or markets served by a Clearing Agencies calculate the risk metrics a semi-annual basis. These analyses Clearing Agency display high volatility of each Clearing Agency’s actual portfolio to provide FICC and NSCC, as central or become less liquid, or when the size estimate the profits and losses (‘‘P&L’’) of counterparties, another means for or concentration of positions held by the close out over a suitable stressed period of testing the sufficiency of the Clearing applicable Clearing Agency’s Members risk, deficiencies, and coverage ratios. The Agencies’ respective prefunded increases significantly. Framework would describe how the Clearing The Framework would state that the Agencies develop P&L estimation financial resources. In conducting methodologies, and how they calculate risk reverse stress testing, FICC and NSCC results of these analyses are reviewed metrics that are applicable to such utilize scenarios of multiple defaults, monthly by the DTCC Enterprise Stress methodologies under the chosen stress extreme market shocks or shocks for Testing Council. The Framework would testing scenarios. Risk metrics may include, other risk factors, which would cause also state that daily stress testing results without limitation, deficiency and coverage those Clearing Agencies, as applicable, are summarized and reported monthly ratios. The Clearing Agencies may use a to exhaust all of their respective to the DTCC Risk Management number of P&L methodologies for stress prefunded financial resources. Committee. Finally, the Framework testing purposes, including risk sensitivity, would state that stress testing index mapping, and actual or approximate The Framework would describe the historical shock approaches. Clearing Agencies’ stress testing methodologies and related models are governance and execution processes. subject to independent model validation The Framework would define Stress testing is conducted daily for on at least an annual basis. ‘‘Member stress deficiency’’ for each each of the Clearing Agencies, and stress scenario as, with respect to FICC and 2. Statutory Basis testing risk metrics are also generated NSCC, the stress loss exceeding the each day. Stress testing results of Cover The Clearing Agencies believe that the applicable Member’s Required Deposits, One Ratios and Member stress proposed rule changes are consistent and for DTC, the shortfall of a Member’s deficiencies of certain Members are with the requirements of the Act and the Collateral Monitor. The Framework monitored against pre-established rules and regulations thereunder would also define ‘‘Affiliated Family thresholds.14 Breaches of these pre- applicable to a registered clearing deficiency’’ as the aggregate of all established thresholds are initially agency. In particular, the Clearing Member stress deficiencies within the Agencies believe that the Framework is applicable Affiliated Family. Finally, subject to more detailed studies to identify any potential impact to the consistent with Section 17A(b)(3)(F) of the Framework would define ‘‘Cover 15 applicable Clearing Agencies’ Cover the Act, as well as Rule 17Ad– One Ratio’’ as the ratio of Affiliated 16 One Requirement. The Framework 22(b)(3), and the subsections cited Family deficiency over the total value of below of Rule 17Ad–22(e)(4),17 each the relevant Clearing Agency’s clearing would describe that, to the extent such studies indicate a potential impact to a promulgated under the Act, for the fund (or, for DTC, the Participants reasons described below. Fund), excluding the value of the Clearing Agency’s Cover One Requirement, the threshold breach Section 17A(b)(3)(F) of the Act applicable Affiliated Family’s Required requires, in part, that the rules of a Deposits. The Framework would state would be escalated internally and analyzed to determine if either there is registered clearing agency be designed that the Clearing Agencies calculate to promote the prompt and accurate Member stress deficiencies, Affiliated a need to adjust the stress testing methodology, or if the threshold breach clearance and settlement of securities Family deficiencies, and Cover One transactions, and to assure the Ratios daily. indicates an issue with a particular Member. Based on these analyses, the safeguarding of securities and funds The Framework would state that FICC which are in the custody or control of and NSCC consider other coverage Clearing Agencies determine the appropriate course of action, which the clearing agency or for which it is ratios as well, such as comparing responsible.18 As described in greater Member stress deficiencies against such could include options available under their respective rules. detail above, the Framework would Member’s known financial resources describe how the Clearing Agencies (e.g., equity capital base), to keep The Framework would describe that the Clearing Agencies conduct have developed and carry out a credit abreast of potential financial risk management strategy to maintain vulnerabilities facing such Member. comprehensive analyses of daily stress testing results, the existing scenario sets sufficient prefunded financial resources Additionally, the Framework would to cover fully its credit exposures to state that DTC also tests the adequacy of (including any changes to such scenarios for the period since the last each Member with a high degree of its collateral haircuts by measuring confidence, and further, to maintain ‘‘Haircut Deficiency’’ as the amount of review), and the performance of the methodologies along with key additional prefunded financial stress losses exceeding the haircut resources at a minimum to enable it to applied to collateral securities. underlying parameters and assumptions. These analyses are cover a wide range of foreseeable stress The Framework would state that the scenarios that include, but are not Clearing Agencies also apply wrong-way performed at least monthly and are conducted to assess whether each limited to the Cover One Requirement. risk scenarios to measure both specific As such, the credit risk management and generic wrong-way risk for each Clearing Agency’s stress testing components are appropriate for strategy of the Clearing Agencies Clearing Agency’s Members and addresses their credit exposures and Affiliated Families. Such scenarios determining the sufficiency of its

reflect the default of a Member’s 15 14 Risk threshold levels are chosen to assist each 15 U.S.C. 78q–1(b)(3)(F). Affiliated Family, and the potential Clearing Agency in achieving a high degree of 16 17 CFR 240.17Ad–22(b)(3). impacts of that default to all securities confidence that its Cover One Requirement is met 17 17 CFR 240.17Ad–22(e)(4). Supra note 3. in the Affiliated Family’s clearing or daily. 18 15 U.S.C. 78q–1(b)(3)(F).

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allows them to continue the prompt and cited below, for the reasons described Therefore, the Clearing Agencies believe accurate clearance and settlement of below. the Framework is consistent with Rule securities and can continue to assure the Rule 17Ad–22(e)(4)(i) under the Act 17Ad–22(e)(4)(iv) under the Act.28 safeguarding of securities and funds requires that a covered clearing agency Rule 17Ad–22(e)(4)(v) under the Act which are in their custody or control or maintain sufficient financial resources requires that a covered clearing agency for which they are responsible to cover its credit exposure to each maintain the financial resources under notwithstanding those risks. Therefore, participant fully with a high degree of Rule 17Ad–22(e)(4)(ii) and (iii) under the Clearing Agencies believe the confidence.24 Rule 17Ad–22(e)(4)(iii) the Act, in combined or separately Framework, which describes how the under the Act requires that, to the extent maintained clearing or guaranty Clearing Agencies carry out this not already maintained pursuant to Rule funds.29 The Framework would identify strategy, is consistent with the 17Ad–22(e)(4)(i) under the Act, for a the sources of prefunded resources of requirements of Section 17A(b)(3)(F) of covered clearing agency not subject to each Clearing Agency for purposes of the Act.19 Rule 17Ad–22(e)(4)(ii) under the Act, a meeting its requirements under Rule covered clearing agency maintain 17Ad–22(e)(4)(iii) as their Members’ Rule 17Ad–22(b)(3) under the Act additional financial resources at the deposits to, with respect to NSCC and requires, in part, that a registered minimum to enable it to cover a wide FICC, their respective clearing funds, clearing agency that performs central range of foreseeable stress scenarios that and, with respect to DTC, deposits to its counterparty services establish, include, but are not limited to, the Participants Fund. Therefore, the implement, maintain and enforce default of the participant family that Clearing Agencies believe the written policies and procedures would potentially cause the largest Framework is consistent with Rule reasonably designed to, among other aggregate credit exposure for the 17Ad–22(e)(v) under the Act.30 things, maintain sufficient financial covered clearing agency in extreme but Rule 17Ad–22(e)(4)(vi)(A) under the resources to withstand, at a minimum, plausible market conditions.25 The Act requires that a covered clearing a default by the participant family to Framework would describe how the agency conduct stress testing of its total which it has the largest exposure in Clearing Agencies have developed and financial resources once each day using extreme but plausible market carry out a credit risk management standard predetermined parameters and conditions.20 As described above, the strategy to maintain sufficient assumptions.31 The Framework would Framework would describe how both prefunded financial resources to cover describe how the Clearing Agencies FICC and NSCC have developed and fully its credit exposures to each conduct stress tests on a daily basis, and carry out a credit risk management Member with a high degree of would describe how the Clearing strategy to maintain sufficient confidence, and further, to maintain Agencies develop the stress testing prefunded financial resources to cover additional prefunded financial methodologies for these tests. fully its credit exposures to each resources at a minimum to enable it to Specifically, the Framework would Member with a high degree of cover a wide range of foreseeable stress describe how the stress testing confidence, and further, to maintain scenarios that include, but are not methodologies are developed through additional prefunded financial limited to the Cover One Requirement. risk identification, scenario resources at a minimum to enable it to The Framework would also describe development, and risk measurement cover a wide range of foreseeable stress how each Clearing Agency tests the and aggregation. The Framework would scenarios that include, but are not sufficiency of its prefunded resources also state that the stress testing limited to the Cover One Requirement. daily to support compliance with this methodologies are reviewed and By carrying out their credit risk requirement. As such, the Clearing analyzed monthly to determine if the management strategy and conducting Agencies believe the Framework is components continue to be appropriate this daily stress testing to test the designed to meet the requirements of for determining sufficiency of the sufficiency of their prefunded financial Rule 17Ad–22(e)(4)(i) and (iii) under the Clearing Agencies’ prefunded financial resources, FICC and NSCC believe the Act.26 resources. Therefore, the Clearing Framework is consistent with Rule Rule 17Ad–22(e)(4)(iv) under the Act 21 Agencies believe the Framework is 17Ad–22(b)(3). requires that a covered clearing agency consistent with Rule 17Ad– The proposed rule changes are also include prefunded financial resources, 22(e)(4)(vi)(A) under the Act.32 designed to be consistent with Rule exclusive of assessments for additional Rule 17Ad–22(e)(4)(vi)(B) under the 17Ad–22(e)(4) under the Act, which guaranty fund contributions or other Act requires that a covered clearing requires, in part, that each covered resources that are not prefunded, when agency conduct a comprehensive clearing agency establish, implement, calculating financial resources available analysis on at least a monthly basis of maintain and enforce written policies to meet the standards under Rule 17Ad– the existing stress testing scenarios, and procedures reasonably designed to 22(e)(4)(i) through (iii) under the Act, as models, and underlying parameters and effectively identify, measure, monitor, applicable.27 The Framework would assumptions, and consider and manage its credit exposures to identify the sources of prefunded modifications to ensure they are participants and those arising from its resources of each Clearing Agency for appropriate for determining the covered payment, clearing, and settlement purposes of meeting its requirements clearing agency’s required level of processes.22 The Clearing Agencies under Rule 17Ad-22(e)(4)(iii), and default protection in light of current and believe the Framework is designed to further would state that the stress evolving market conditions.33 Rule meet the requirements of the following testing used to test the sufficiency of 17Ad–22(e)(4)(vi)(C) under the Act subsections of Rule 17Ad–22(e)(4),23 those resources do not test other requires that a covered clearing agency resources that are not prefunded. 19 Id. 28 Id. 20 17 CFR 240.17Ad–22(b)(3). 24 17 CFR 240.17Ad–22(e)(4)(i). Supra note 3. 29 17 CFR 240.17Ad–22(e)(4)(v). Supra note 3. 21 Id. 25 17 CFR 240.17Ad–22(e)(4)(iii). Supra note 3. 30 Id. 22 17 CFR 240.17Ad–22(e)(4)(i), and (iii) through 26 17 CFR 240.17Ad–22(e)(4)(i) and (iii). Supra 31 17 CFR 240.17Ad–22(e)(4)(vi)(A). Supra note 3. (vii). Supra note 3. note 3. 32 Id. 23 17 CFR 240.17Ad–22(e)(4). Supra note 3. 27 17 CFR 240.17Ad–22(e)(4)(iv). Supra note 3. 33 17 CFR 240.17Ad–22(e)(4)(vi)(B). Supra note 3.

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conduct a comprehensive analysis of determine if adjustments to the stress III. Date of Effectiveness of the stress testing scenarios, models, and testing methodologies are appropriate to Proposed Rule Changes, and Timing for underlying parameters and assumptions support the Clearing Agencies’ Commission Action more frequently than monthly when the compliance with the minimum financial Within 45 days of the date of products cleared or markets served resources requirements set forth in Rule publication of this notice in the Federal display high volatility or become less 17Ad–22(e)(4)(i) through (iii) under the Register or within such longer period liquid, or when the size or Act. Additionally, the Framework up to 90 days (i) as the Commission may concentration of positions held by the would state that daily stress testing designate if it finds such longer period covered clearing agency’s participants results are summarized and reported to be appropriate and publishes its increases significantly.34 The monthly to the DTCC Risk Management reasons for so finding or (ii) as to which Framework would describe that the Committee. Based on their review of the the clearing agency consents, the Clearing Agencies conduct information provided, this committee Commission will: comprehensive analyses of daily stress may determine to inform or further (A) by order approve or disapprove testing results, the existing scenario sets, escalate any concerns to the Risk such proposed rule changes, or and the performance of the methodology Committees of the Boards, as they deem (B) institute proceedings to determine along with key underlying parameters necessary. Therefore, the Clearing whether the proposed rule changes and assumptions. The Framework Agencies believe that the Framework is should be disapproved. would also state that these analyses are consistent with Rule 17Ad–22(e)(vi)(D) performed at least monthly, and may under the Act.37 IV. Solicitation of Comments occur more frequently than monthly if, Interested persons are invited to for example, the products cleared or Rule 17Ad–22(e)(4)(vii) under the Act requires a covered clearing agency to submit written data, views and markets served by a Clearing Agency arguments concerning the foregoing, display high volatility or become less perform a model validation for its credit including whether the proposed rule liquid, or when the size or risk models not less than annually or changes are consistent with the Act. concentration of positions held by the more frequently as may be contemplated Comments may be submitted by any of applicable Clearing Agency’s Members by the covered clearing agency’s risk the following methods: increases significantly. The Framework management framework established would state that these analyses are pursuant to Rule 17Ad–22(e)(3) under Electronic Comments the Act.38 The Framework would designed to assess whether each • Use the Commission’s Internet provide that the Clearing Agencies’ Clearing Agency’s stress testing comment form (http://www.sec.gov/ stress testing methodologies and models components are appropriate for rules/sro.shtml); or are subject to independent model determining the sufficiency of its • Send an email to rule-comments@ validation on at least an annual basis prefunded financial resources in light of sec.gov. Please include File Number SR– thereafter. Therefore, the Clearing current and evolving market conditions. DTC–2017–005, SR–FICC–2017–009, or Agencies believe that the Framework As such, the Clearing Agencies believe SR–NSCC–2017–006 on the subject line. the Framework is consistent with Rule supports compliance with Rule 17Ad– 17Ad–22(e)(4)(vi)(B) and (C) under the 22(e)(4)(vii) under the Act.39 Paper Comments Act.35 • Send paper comments in triplicate Rule 17Ad–22(e)(4)(vi)(D) under the (B) Clearing Agencies’ Statements on Burden on Competition to Secretary, Securities and Exchange Act requires that a covered clearing Commission, 100 F Street NE., agency report the results of its analyses None of the Clearing Agencies Washington, DC 20549. under Rule 17Ad–22(e)(4)(vi)(B) and (C) believes that the Framework would have All submissions should refer to File to appropriate decision makers at the any impact, or impose any burden, on Number SR–DTC–2017–005, SR–FICC– covered clearing agency, including but competition because the proposed rule 2017–009, or SR–NSCC–2017–006. One not limited to, its risk management changes reflect the existing framework of these file numbers should be committee or board of directors, and use that each of the Clearing Agencies included on the subject line if email is these results to evaluate the adequacy of employ to manage its market risk, and used. To help the Commission process and adjust its margin methodology, would not effectuate changes to the and review your comments more model parameters, models used to Clearing Agencies’ stress testing efficiently, please use only one method. generate clearing or guaranty fund methodologies, or to the remedial action The Commission will post all comments requirements, and any other relevant the Clearing Agencies may take in on the Commission’s Internet Web site aspects of its credit risk management response to the results thereof, as they (http://www.sec.gov/rules/sro.shtml). framework, in supporting compliance currently apply to Members. Copies of the submission, all subsequent with the minimum financial resources amendments, all written statements requirements set forth in Rule 17Ad– (C) Clearing Agencies’ Statements on with respect to the proposed rule 22(e)(4)(i) through (iii) under the Act.36 Comments on the Proposed Rule changes that are filed with the The Framework would provide that the Changes Received From Members, Commission, and all written results of the analyses described above Participants, or Others communications relating to the are reviewed monthly by the DTCC proposed rule changes between the Enterprise Stress Testing Council. The The Clearing Agencies have not Commission and any person, other than Framework would also state that this solicited or received any written those that may be withheld from the group would consider these results to comments relating to this proposal. The public in accordance with the evaluate the adequacy of the stress Clearing Agencies will notify the provisions of 5 U.S.C. 552, will be testing methodologies and would Commission of any written comments received by the Clearing Agencies. available for Web site viewing and 34 17 CFR 240.17Ad–22(e)(4)(vi)(C). Supra note 3. printing in the Commission’s Public 35 17 CFR 240.17Ad–22(e)(4)(vi)(B) and (C). Supra 37 Id. Reference Room, 100 F Street NE., note 3. 38 17 CFR 240.17Ad–22(e)(4)(vii). Supra note 3. Washington, DC 20549 on official 36 17 CFR 240.17Ad–22(e)(4)(vi)(D). Supra note 3. 39 Id. business days between the hours of

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10:00 a.m. and 3:00 p.m. Copies of the establish April 24, 2017 as the effective 1 and GSD Rule 4 to state that the rule filing also will be available for date of rule changes submitted pursuant changes submitted pursuant to the Rule inspection and copying at the principal to rule filing SR–FICC–2017–001 (‘‘Rule Filing and the Advance Notice have office of the Clearing Agencies and on Filing’’) 4 and advance notice SR–FICC– been approved and not objected to, DTCC’s Web site (http://dtcc.com/legal/ 2017–801 (‘‘Advance Notice’’).5 respectively, but are not yet effective. sec-rule-filings.aspx). All comments The legend would provide April 24, II. Clearing Agency’s Statement of the received will be posted without change; 2017 as the date on which these rule Purpose of, and Statutory Basis for, the the Commission does not edit personal changes would become effective, and Proposed Rule Change identifying information from would include the file numbers of the submissions. You should submit only In its filing with the Commission, the Rule Filing and the Advance Notice. information that you wish to make clearing agency included statements The legend would state that bold and available publicly. All submissions concerning the purpose of and basis for underlined text indicates added should refer to File Number SR–DTC– the proposed rule change and discussed language, and that bold and 2017–005, SR–FICC–2017–009, or SR– any comments it received on the strikethrough text indicates deleted NSCC–2017–006 and should be proposed rule change. The text of these language. The legend would also state submitted on or before May 16, 2017. statements may be examined at the that, once effective, the legend would places specified in Item IV below. The For the Commission, by the Division of automatically be removed from the GSD Trading and Markets, pursuant to delegated clearing agency has prepared Rules and the formatting of the rule authority.40 summaries, set forth in sections A, B, changes would automatically be revised Eduardo A. Aleman, and C below, of the most significant accordingly. aspects of such statements. Assistant Secretary. 2. Statutory Basis [FR Doc. 2017–08283 Filed 4–24–17; 8:45 am] (A) Clearing Agency’s Statement of the Section 17A(b)(3)(F) of the Act Purpose of, and Statutory Basis for, the BILLING CODE 8011–01–P requires, in part, that the GSD Rules be Proposed Rule Change designed to (i) promote the prompt and SECURITIES AND EXCHANGE 1. Purpose accurate clearance and settlement of COMMISSION On March 30, 2017, the Commission securities transactions and (ii) remove issued an order approving the Rule impediments to and perfect the [Release No. 34–80484; File No. SR–FICC– Filing,6 which was filed by FICC mechanism of a national system for the 2017–011] pursuant to Section 19(b)(2) of the Act.7 prompt and accurate clearance and settlement of securities transactions, Self-Regulatory Organizations; Fixed The Commission also issued a notice of no objection to the Advance Notice,8 and, in general, to protect investors and Income Clearing Corporation; Notice of the public interest.11 The proposed rule Filing and Immediate Effectiveness of which was filed with the Commission pursuant to Section 806(e)(1) of Title change would establish the effective a Proposed Rule Change To Establish date of rule changes described above Effective Date of Government VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act and provide GSD Members with an Securities Division Margin Proxy Rule understanding of when these rule Changes entitled the Payment, Clearing, and Settlement Supervision Act of 2010 9 changes will begin to affect them. April 19, 2017. and Rule 19b–4(n)(1)(i) of the Act.10 Knowing when the rule changes will Pursuant to Section 19(b)(1) of the The purpose of the Rule Filing and begin to affect GSD Members would Securities Exchange Act of 1934 the Advance Notice is to amend the enable them to timely fulfill their (‘‘Act’’),1 and Rule 19b–4 thereunder,2 GSD Rules to (i) include a minimum obligations to FICC, which would in notice is hereby given that on April 13, volatility calculation (referred to as the turn ensure FICC’s processes work as 2017, Fixed Income Clearing ‘‘Margin Proxy’’) when determining a intended. Therefore, FICC believes that Corporation (‘‘FICC’’) filed with the GSD Netting Member’s VaR Charge, (ii) the proposed rule change would Securities and Exchange Commission modify the calculation of GSD’s promote the prompt and accurate (‘‘Commission’’) the proposed rule Coverage Charge in circumstances clearance and settlement of securities change as described in Items I, II and III where the Margin Proxy applies and (iii) transactions as well as remove below, which Items have been prepared make certain technical corrections. impediments to and perfect the by the clearing agency. The Commission FICC is filing this proposed rule mechanism of a national system for the is publishing this notice to solicit change to establish April 24, 2017 as the prompt and accurate clearance and comments on the proposed rule change effective date of rule changes submitted settlement of securities transactions, from interested persons. pursuant to the Rule Filing and the consistent with Section 17A(b)(3)(F) of Advance Notice. Specifically, FICC the Act cited above. I. Clearing Agency’s Statement of the would add a legend to both GSD Rule Terms of Substance of the Proposed (B) Clearing Agency’s Statement on Burden on Competition Rule Change 4 See Securities Exchange Act Release No. 79958 The proposed rule change consists of (February 3, 2017), 82 FR 10117 (February 9, 2017) FICC does not believe that the amendments to the Government (SR–FICC–2017–001). proposed rule change to establish an 5 See Securities Exchange Act Release No. 80139 effective date for the rule changes Securities Division (‘‘GSD’’) Rulebook (March 2, 2017), 82 FR 13026 (March 8, 2017) (SR– (‘‘GSD Rules’’) 3 of FICC in order to FICC–2017–801). described above would have any 6 See Securities Exchange Act Release No. 80349 impact, or impose any burden, on 40 17 CFR 200.30–3(a)(12). (March 30, 2017), 82 FR 16638 (April 5, 2017) (SR– competition because the proposed rule 1 15 U.S.C. 78s(b)(1). FICC–2017–001). change is intended to provide additional 2 17 CFR 240.19b–4. 7 15 U.S.C. 78s(b)(2). clarity in the GSD Rules with respect to 8 3 Capitalized terms used herein and not otherwise See Securities Exchange Act Release No. 80341 when these rule changes would become defined shall have the meaning assigned to such (March 30, 2017), 82 FR 16644 (April 5, 2017) (SR– terms in the GSD Rules, available at www.dtcc.com/ FICC–2017–801). effective for GSD Members. As such, the ∼/media/Files/Downloads/legal/rules/ficc_gov_ 9 12 U.S.C. 5465(e)(1). rules.pdf. 10 17 CFR 240.19b–4(n)(1)(i). 11 15 U.S.C. 78q–1(b)(3)(F).

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proposed rule change would not impact communications relating to the SUPPLEMENTARY INFORMATION: Notice is a particular category of GSD Members proposed rule change between the hereby given that as a result of the nor would it impact particular types of Commission and any person, other than Administrator’s disaster declaration, businesses that GSD Members are those that may be withheld from the applications for disaster loans may be engaged in. public in accordance with the filed at the address listed above or other provisions of 5 U.S.C. 552, will be locally announced locations. (C) Clearing Agency’s Statement on available for Web site viewing and The following areas have been Comments on the Proposed Rule printing in the Commission’s Public determined to be adversely affected by Change Received From Members, Reference Room, 100 F Street NE., the disaster: Participants, or Others Washington, DC 20549 on official Primary Counties: Alameda. FICC has not received or solicited any business days between the hours of Contiguous Counties: written comments relating to this 10:00 a.m. and 3:00 p.m. Copies of the California: Contra Costa, San proposal. FICC will notify the filing also will be available for Francisco, San Joaquin, San Mateo, Commission of any written comments inspection and copying at the principal Santa Clara, Stanislaus received by FICC. office of FICC and on DTCC’s Web site The Interest Rates are: III. Date of Effectiveness of the (http://dtcc.com/legal/sec-rule- Proposed Rule Change, and Timing for filings.aspx). All comments received Percent Commission Action will be posted without change; the Commission does not edit personal For Physical Damage: The foregoing rule change has become identifying information from Homeowners With Credit Avail- effective pursuant to Section 19(b)(3)(A) submissions. You should submit only able Elsewhere ...... 3.750 of the Act and paragraph (f) of Rule information that you wish to make Homeowners Without Credit 19b–4 thereunder. At any time within available publicly. All submissions Available Elsewhere ...... 1.875 Businesses With Credit Avail- 60 days of the filing of the proposed rule should refer to File Number SR–FICC– change, the Commission summarily may able Elsewhere ...... 6.300 2017–011 and should be submitted on Businesses Without Credit temporarily suspend such rule change if or before May 16, 2017. it appears to the Commission that such Available Elsewhere ...... 3.150 For the Commission, by the Division of Non-Profit Organizations With action is necessary or appropriate in the Credit Available Elsewhere ... 2.500 public interest, for the protection of Trading and Markets, pursuant to delegated authority.12 Non-Profit Organizations With- investors, or otherwise in furtherance of out Credit Available Else- Eduardo A. Aleman, the purposes of the Act. where ...... 2.500 Assistant Secretary. For Economic Injury: IV. Solicitation of Comments [FR Doc. 2017–08282 Filed 4–24–17; 8:45 am] Businesses & Small Agricultural Interested persons are invited to BILLING CODE 8011–01–P Cooperatives Without Credit submit written data, views and Available Elsewhere ...... 3.150 arguments concerning the foregoing, Non-Profit Organizations With- including whether the proposed rule out Credit Available Else- SMALL BUSINESS ADMINISTRATION where ...... 2.500 change is consistent with the Act. Comments may be submitted by any of [Disaster Declaration #15107 and #15108] The number assigned to this disaster the following methods: California Disaster #CA–00268 for physical damage is 15107 5 and for Electronic Comments economic injury is 15108 0. AGENCY: U.S. Small Business • Use the Commission’s Internet The States which received an EIDL Administration. comment form (http://www.sec.gov/ Declaration # are CALIFORNIA. rules/sro.shtml); or ACTION: Notice. (Catalog of Federal Domestic Assistance • Send an email to rule-comments@ Numbers 59002 and 59008) SUMMARY: This is a notice of an sec.gov. Please include File Number SR– Administrative declaration of a disaster Linda E. McMahon, FICC–2017–011 on the subject line. for the State of CALIFORNIA dated Administrator. Paper Comments 04/13/2017. [FR Doc. 2017–08272 Filed 4–24–17; 8:45 am] • Send paper comments in triplicate Incident: San Pablo Avenue Fire. BILLING CODE 8025–01–P to Secretary, Securities and Exchange Incident Period: 03/27/2017. Commission, 100 F Street NE., Effective Date: 04/13/2017. Physical Loan Application Deadline Washington, DC 20549. DEPARTMENT OF STATE Date: 06/12/2017. All submissions should refer to File Economic Injury (EIDL) Loan [Public Notice: 9970] Number SR–FICC–2017–011. This file Application Deadline Date: 01/16/2018. number should be included on the ADDRESSES: Submit completed loan Notice of Charter Renewal for the subject line if email is used. To help the President’s Emergency Plan for AIDS Commission process and review your applications to: U.S. Small Business Administration, Processing and Relief (PEPFAR) Scientific Advisory comments more efficiently, please use Board only one method. The Commission will Disbursement Center, 14925 Kingsport post all comments on the Commission’s Road, Fort Worth, TX 76155. The official designation of this Internet Web site (http://www.sec.gov/ FOR FURTHER INFORMATION CONTACT: A. advisory committee is The President’s rules/sro.shtml). Copies of the Escobar, Office of Disaster Assistance, Emergency Plan for AIDS Relief submission, all subsequent U.S. Small Business Administration, (PEPFAR) Scientific Advisory Board, amendments, all written statements 409 3rd Street SW., Suite 6050, hereinafter referred to as ‘‘the Board.’’ with respect to the proposed rule Washington, DC 20416. The Committee is established under change that are filed with the the general authority of the Secretary of Commission, and all written 12 17 CFR 200.30–3(a)(12). State and the Department of State (‘‘the

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Department’’) as set forth in Title 22 of DEPARTMENT OF TRANSPORTATION nationwide where train horns are the United States Code, in particular routinely sounded. FRA developed this Section 2656 of that Title, and Federal Railroad Administration risk index to serve as one threshold of consistent with the Federal Advisory [Docket No. FRA–1999–6439, Notice No. 25] permissible risk for quiet zones Committee Act, as amended (5 U.S.C. established across the nation under 49 Appendix). The approval of this Charter Adjustment of Nationwide Significant CFR part 222, Use of Locomotive Horns by the Under Secretary for Management Risk Threshold at Public Highway-Rail Grade Crossings. Thus, a community trying to establish constitutes a determination by the AGENCY: Federal Railroad Secretary of State that this Committee Administration (FRA), Department of and/or maintain its quiet zone, under 49 Charter is in the public interest in Transportation (DOT). CFR part 222, can compare the Quiet Zone Risk Index calculated for its connection with the performance of ACTION: Notice of Adjustment of specific crossing corridor to the NSRT to duties of the Department. Nationwide Significant Risk Threshold. determine whether sufficient measures The previous Charter for the Board SUMMARY: Under title 49 Code of Federal have been taken to compensate for the was established on March 6, 2015. In Regulations, Use of Locomotive Horns at excess risk that results from prohibiting accordance with Public Law 92–463, Public Highway-Rail Grade Crossings, routine sounding of the locomotive Section 14, it has been formally FRA is updating the Nationwide horn. In the alternative, a community determined to be in the public interest Significant Risk Threshold (NSRT). This can establish its quiet zone in to continue the Charter for another two action is needed to ensure the public comparison to the Risk Index With years. has the proper permissible risk Horns, which is defined in 49 CFR 222.9 The Charter renewal was approved on threshold to evaluate risk resulting from as a measure of risk to the motoring April 5, 2017. prohibiting routine locomotive horn public when locomotive horns are For further information about the sounding at highway-rail grade routinely sounded at every public crossings located in quiet zones. This is Board, please contact Dr. Ebony highway-rail grade crossing within a the seventh update to the NSRT and it quiet zone. Coleman, Designated Federal Officer for is increasing from 14,347 to 14,723. the Board, Office of the U.S. Global FRA has periodically updated the DATES: The effective date of this notice AIDS Coordinator and Health NSRT since 2006. FRA last updated the is April 25, 2017. Diplomacy at [email protected]. NSRT in 2013, when FRA calculated the FOR FURTHER INFORMATION CONTACT: Mr. NSRT to be 14,347. 78 FR 70623, Nov. Ebony Coleman, Ron Ries, Office of Railroad Safety, 26, 2013. Designated Federal Officer, Office of the U.S. FRA, 1200 New Jersey Avenue SE., Global AIDS Coordinator and Health Washington, DC 20590, (202) 493–6299, New NSRT Diplomacy, Department of State. [email protected]; or Ms. Kathryn Using collision data over a 5-year [FR Doc. 2017–08360 Filed 4–24–17; 8:45 am] Gresham, Office of Chief Counsel, FRA, period from 2011 to 2015, FRA has BILLING CODE 4710–10–P 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493–6038, recalculated the NSRT based on [email protected]. formulas identified in 49 CFR part 222, SUPPLEMENTARY INFORMATION: appendix D. In making this recalculation, FRA noted the total Background number of gated crossings nationwide The NSRT is an average of the risk where train horns are routinely sounded indexes for gated public crossings was 44,591.

Applying the fatality rate and injury DEPARTMENT OF TRANSPORTATION SUMMARY: In compliance with the rate to the probable number of fatalities Paperwork Reduction Act of 1995, this and injuries predicted to occur at each National Highway Traffic Safety notice announces that the Information of the 44,591 identified crossings, and Administration Collection Request (ICR) abstracted the predicted cost of the associated below has been forwarded to the Office injuries and fatalities, FRA calculates [Docket No. NHTSA–2016–0123] of Management and Budget (OMB) for the NSRT is 14,723. Accordingly, this review and comment. The ICR describes updated NSRT value will serve as one Reports, Forms and Record Keeping the nature of the information collections threshold of permissible risk for quiet Requirements Agency Information and their expected burden. zones established across the nation Collection Activity Under OMB Review DATES: Comments must be submitted on pursuant to 49 CFR part 222. or before May 25, 2017. AGENCY: National Highway Traffic Patrick T. Warren, Safety Administration, DOT. ADDRESSES: Send comments to the Acting Administrator. Office of Information and Regulatory ACTION: Notice and request for [FR Doc. 2017–08337 Filed 4–24–17; 8:45 am] comments. Affairs, Office of Management and BILLING CODE 4910–06–P Budget, 725 17th Street NW.,

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Washington, DC 20503, Attention: existing regulations and programs and have practical utility; the accuracy of NHTSA Desk Officer. measure their effectiveness in achieving the Department’s estimate of the burden FOR FURTHER INFORMATION CONTACT: For their objectives. Since the phase-in of of the proposed information collection; additional information or access to TPMS, there has been only one ways to enhance the quality, utility and background documents, contact John evaluation of TPMS. The TPMS–SS clarity of the information to be Kindelberger, Office of Regulatory (OMB #2127–0626) was conducted in collected; and ways to minimize the Analysis and Evaluation, National 2011, as a special study through the burden of the collection of information Highway Traffic Safety Administration, infrastructure of the National on respondents, including the use of 1200 New Jersey Avenue SE., NSA–310, Automotive Sampling System (NASS), automated collection techniques or Washington, DC 20590. Mr. to collect nationally representative data other forms of information technology. Kindelberger’s telephone number is on how effective TPMS was in reducing Authority: The Paperwork Reduction Act 202–366–4696. underinflation in the on-road fleet of of 1995; 44 U.S.C. Chapter 35, as amended SUPPLEMENTARY INFORMATION: Before a passenger vehicles. Analysis of the and 49 CFR 1.95. Federal agency can collect certain survey results indicated that direct Joseph M. Kolly, information from the public, it must TPMS is 55.6-percent effective at receive approval from the Office of preventing severe underinflation as Acting Associate Administrator, National Center for Statistics and Analysis. Management and Budget (OMB). In defined in FMVSS No. 138. However, compliance with these requirements, effectiveness was substantially lower in [FR Doc. 2017–08355 Filed 4–24–17; 8:45 am] this notice announces that the following vehicles that were 6–7 years old at the BILLING CODE 4910–59–P information collection request has been time of the survey. One explanation as forwarded to OMB. A Federal Register to why this is true was the possibility notice requesting comments on the that the drivers of these older vehicles DEPARTMENT OF THE TREASURY following information collection was were not taking all the maintenance published on December 21, 2016 (81 FR actions (e.g., adding TPMS sensors to Office of Foreign Assets Control 93728). The agency received no new replacement tires, replacing non- functioning sensors on current tires, Sanctions Actions Pursuant to the comments on that notice. Foreign Narcotics Kingpin Designation Title: Tire Pressure Monitoring having the system properly re-set when Act System—Outage Rate and Repair Costs needed) that were needed to insure the (TPMS–ORRC). vehicles had functioning TPMS. SUB-AGENCY: Office of Foreign Assets OMB Number: 2127–0626. Relevant data are needed to examine Control, Treasury. Type of Request: Revision of a why the effectiveness of TPMSs in older ACTION: Notice. currently approved collection. vehicles is reduced and what can be Abstract: Improperly inflated tires done to increase it. This was the original SUMMARY: The U.S. Department of the pose a safety risk, increasing the chance goal of the TPMS–ORRC and is still a Treasury’s Office of Foreign Assets of skidding, hydroplaning, longer goal. Control (OFAC) is publishing the names stopping distances, and crashes due to Additionally, on December 4, 2015, of two entities whose property and flat tires and blowouts. Section 13 of the the Fixing America’s Surface interests in property are blocked Transportation Recall Enhancement, Transportation (FAST) Act (Pub. L. 114– pursuant to the Foreign Narcotics Accountability, and Documentation 94) was signed into law. An amendment Kingpin Designation Act (Kingpin Act). (TREAD) Act, which Congress passed on (Section 24115) directs the Secretary of DATE: OFAC’s actions described in this November 1, 2000, directed NHTSA to Transportation to update the standard notice were effective on April 20, 2017. conduct rulemaking actions to revise on tire pressure monitoring systems, and update the Federal motor vehicle FMVSS No. 138, to ensure that they FOR FURTHER INFORMATION CONTACT: safety standards for tires, to improve cannot be overridden, reset or OFAC: Associate Director for Global labeling on tires, and to require a system recalibrated in a way that will prevent Targeting, tel.: 202–622–2420; Assistant in new motor vehicles that warns the the system from identifying a tire that is Director for Licensing, tel.: 202–622– operator when a tire is significantly significantly underinflated. The Act also 2480, Assistant Director for Regulatory underinflated. states that the revised requirements Affairs, tel.: 202–622–4855, Assistant Tire Pressure Monitoring Systems shall not contain any provision that has Director for Sanctions Compliance & (TPMS) were mandated in Federal the effect of prohibiting the availability Evaluation, tel.: 202–622–2490; or the Motor Vehicle Safety Standard (FMVSS) of direct or indirect tire pressure Department of the Treasury’s Office of No. 138, so that drivers are warned monitoring systems. Data are needed to the General Counsel: Office of the Chief when the pressure in one or more of the help inform the required rulemaking. Counsel (Foreign Assets Control), tel.: vehicle’s tires has fallen to 25 percent or For this purpose, the design of the 202–622–2410 (not toll free numbers). more below the placard pressure, or a TPMS–ORRC field survey has been SUPPLEMENTARY INFORMATION: minimum level of pressure specified in changed from a convenience sample to Electronic Availability the standard, whichever pressure is a probability sample, allowing higher, and may be informed about nationally representative estimates; this The Specially Designated Nationals which of the four tires is underinflated. revision also adds a module for indirect and Blocked Persons List (SDN List) and As of September 1, 2007, after a phase- TPMS. additional information concerning in period beginning on October 5, 2005, Affected Public: Individuals and OFAC sanctions programs are available TPMS was required on all new light businesses. on OFAC’s Web site (http:// vehicles (i.e., passenger cars, trucks, Estimated Total Annual Burden: www.treasury.gov/ofac). multipurpose passenger vehicles, and 1,352 hours. Notice of OFAC Actions buses with a gross vehicle weight rating Comments are Invited on: Whether of 10,000 pounds or less, except those the proposed collection of information On April 20, 2017, OFAC’s Acting vehicles with dual wheels on an axle). is necessary for the proper performance Director determined that the property Executive Order 12866 requires of the functions of the Department, and interests in property of the Federal agencies to evaluate their including: Whether the information will following persons are blocked.

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Entities Federal Docket Management System eSurvey. The Board provides a sample 1. GRUPO SEGTAC, S.A. DE C.V. (a.k.a. (FDMS) at www.Regulations.gov or to to J.D. Power and Associates (JDPA) on GRUPO INMOBILIARIO SEGTAC; a.k.a. Sue Hamlin, Board of Veterans’ Appeals a monthly basis of all individuals who GRUPO SEGTAC INMOBILIARIA), Av. (01C2), Department of Veterans Affairs, have been issued a decision in the Chapultepec No. 15, Piso 16–A Of. 1, Colonia P.O. Box 27063, Washington, DC 20038, previous month. JDPA contacts Ladron de Guevara, Guadalajara, Jalisco, or email: [email protected]. Please individuals to participate in a 5-minute Mexico; R.F.C. GSE1111188QA (Mexico); refer to ‘‘OMB Control No. 2900–0816’’ phone survey and are asked at the end Folio Mercantil No. 66501 (Mexico) in any correspondence. During the of the phone survey to provide an email [SDNTK]. Designated pursuant to section comment period, comments may be address to participate in a longer online 805(b)(3) of the Kingpin Act, 21 U.S.C. viewed online through FDMS. eSurvey. If respondents agree to provide 1904(b)(3) (Kingpin Act) for being controlled or directed by, or acting for or on behalf of, FOR FURTHER INFORMATION CONTACT: Sue their email address, JDPA sends an Abigael GONZALEZ VALENCIA, PLAZA Hamlin at (202) 632–5100. email invitation with the eSurvey link. LOS TULES, and XAMAN HA CENTER, SUPPLEMENTARY INFORMATION: Under the Survey results are aggregated and foreign persons designated by the Secretary PRA of 1995, Federal agencies must included in quarterly results reports to of the Treasury pursuant to the Kingpin Act. obtain approval from the Office of the Board. The Board will continue to 2. YORV INMOBILIARIA, Av. Naciones Management and Budget (OMB) for each benefit from obtaining direct feedback Unidas 6875 LB17–1, Zapopan, Jalisco, from Veterans and other appellants Mexico; Web site http://yorvinmobiliaria.com collection of information they conduct or sponsor. This request for comment is regarding their experience with the [SDNTK]. Designated pursuant to section Board’s appeals process. Specifically, 805(b)(3) of the Kingpin Act, 21 U.S.C. being made pursuant to Section 1904(b)(3) (Kingpin Act) for being controlled 3506(c)(2)(A) of the PRA. the Veterans’ and other appellants’ or directed by, or acting for or on behalf of, With respect to the following feedback will provide the Board three Abigael GONZALEZ VALENCIA, PLAZA collection of information, the Board key benefits: (1) Identify what is most LOS TULES, and XAMAN HA CENTER, invites comments on: (1) Whether the important to them in determining their foreign persons designated by the Secretary proposed collection of information is satisfaction with the Board’s appeals of the Treasury pursuant to the Kingpin Act. necessary for the proper performance of process; (2) determine how to improve Dated: April 20, 2017. the Board’s functions, including their experience with the Board’s Andrea M. Gacki, whether the information will have appeals process; and (3) serve to guide Acting Director, Office of Foreign Assets practical utility; (2) the accuracy of training and/or operational activities Control. BVA’s estimate of the burden of the aimed at enhancing the quality of service provided to Veterans and other [FR Doc. 2017–08310 Filed 4–24–17; 8:45 am] proposed collection of information; (3) appellants. BILLING CODE 4810–AL–P ways to enhance the quality, utility, and clarity of the information to be The Board and JDPA will continue to collected; and (4) ways to minimize the survey Veterans and other appellants who have had their appeal decided DEPARTMENT OF VETERANS burden of the collection of information through the Board’s appeals process. AFFAIRS on respondents, including through the use of automated collection techniques This will enable the Board to gauge the [OMB Control No. 2900–0816] or the use of other forms of information effectiveness of its process delivering technology. information and assistance to Veterans, Agency Information Collection as well as assess Veterans’ overall level Activity: Board of Veterans’ Appeals Authority: (Pub. L. 104–13; 44 U.S.C. of satisfaction with the Board’s appeals 3501–3521). Voice of the Veteran Appellant experience. In addition, the data will be Satisfaction Survey Title: Board of Veterans’ Appeals used by the Board to make potential Voice of the Veteran Appellant improvements to its operational AGENCY: Board of Veterans’ Appeals, Satisfaction Survey. processes and service delivery, which in Department of Veterans Affairs. OMB Control Number: 2900–0816. turn, will enable the Board to serve ACTION: Notice. Type of Review: Renewal. Veterans and other appellants in the Abstract: This notice solicits SUMMARY: The Board of Veterans’ most efficient and effective way comments information needed to enable possible. Appeals (Board), Department of the Board to gauge the effectiveness of Veterans Affairs (VA), is announcing an Affected Public: Individuals and the Board’s process delivering households. opportunity for public comment on the information and assistance to Veterans proposed collection of certain Estimated Annual Burden: 1,571 and other appellants, as well as assess hours. information by the agency. Under the Veterans’ and other appellants’ overall Paperwork Reduction Act (PRA) of Estimated Average Burden per level of satisfaction with the Board’s Respondent: 5 minutes for telephone 1995, Federal agencies are required to appeals process. In addition, the data publish notice in the Federal Register survey; 12 minutes for eSurvey. will be used by the Board to make Frequency of Response: One-time. concerning each proposed collection of improvements to the Board’s Estimated Number of Respondents: information, including each proposed operational processes and service 14,727 total (11,782 for telephone extension of a currently approved delivery, which in turn, will enable the survey; 2,945 for eSurvey). collection, and allow 60 days for public Board to serve Veterans in the most comment in response to the notice. efficient and effective way possible. By direction of the Secretary. DATES: Written comments and Currently, the Board collects customer Cynthia Harvey-Pryor, recommendations on the proposed satisfaction data using the Customer Agency Clearance Officer, Office of Privacy collection of information should be Satisfaction Research Study, consisting and Records Management, Department of received on or before June 26, 2017. of two survey instruments—the Veterans Affairs. ADDRESSES: Submit written comments Appellant Satisfaction Telephone [FR Doc. 2017–08336 Filed 4–24–17; 8:45 am] on the collection of information through Survey and the Appellant Satisfaction BILLING CODE 8320–01–P

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Part II

Bureau of Consumer Financial Protection

12 CFR Part 1003 Technical Corrections and Clarifying Amendments to the Home Mortgage Disclosure (Regulation C) October 2015 Final Rule; Proposed Rule

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BUREAU OF CONSUMER FINANCIAL All comments, including attachments requirements took effect. The proposal PROTECTION and other supporting materials, will also would make additional become part of the public record and amendments to clarify certain key 12 CFR Part 1003 subject to public disclosure. Sensitive terms, such as temporary financing and [Docket No. CFPB–2017–0010] personal information, such as account automated underwriting system, and numbers or Social Security numbers, create a new reporting exception for RIN 3170–AA64 should not be included. Comments will certain transactions associated with not be edited to remove any identifying New York State consolidation, Technical Corrections and Clarifying or contact information. extension, and modification agreements. Amendments to the Home Mortgage FOR FURTHER INFORMATION CONTACT: In addition, the proposal would Disclosure (Regulation C) October facilitate reporting the census tract of 2015 Final Rule Joseph Devlin, Kathryn Lazarev, or Alexandra W. Reimelt, Counsels; or the property securing, or, in the case of AGENCY: Bureau of Consumer Financial Terry J. Randall, Senior Counsel, Office an application, proposed to secure, the Protection. of Regulations, at (202) 435–7700. covered loan required by Regulation C. ACTION: Proposed rule with request for SUPPLEMENTARY INFORMATION: The Bureau plans to make available on public comment. its Web site a geocoding tool (the I. Summary of the Proposed Rule Bureau’s geocoding tool) that financial SUMMARY: The Bureau of Consumer Regulation C implements the Home institutions may use to identify the Financial Protection (Bureau) proposes Mortgage Disclosure Act (HMDA), 12 census tract in which a property is amendments to Regulation C to make U.S.C. 2801 through 2810. For over four located. The proposal would establish technical corrections to and to clarify decades, HMDA has provided the public that a financial institution would not certain requirements adopted by the and public officials with information violate Regulation C by reporting an Bureau’s Home Mortgage Disclosure about mortgage lending activity within incorrect census tract for a particular (Regulation C) final rule (2015 HMDA communities by requiring financial property if the financial institution Final Rule or the Final Rule), which was institutions to collect, report, and obtained the incorrect census tract published in the Federal Register on disclose certain data about their number from the Bureau’s geocoding October 28, 2015. The Bureau also mortgage activities. The Dodd-Frank tool, provided that the financial proposes a new reporting exclusion. Wall Street Reform and Consumer institution entered an accurate property DATES: Comments must be received on Protection Act (Dodd-Frank Act) address into the tool and the tool or before May 25, 2017. amended HMDA, transferring returned a census tract for the address ADDRESSES: You may submit comments, rulewriting authority to the Bureau and entered. The proposal also would make identified by Docket No. CFPB–2017– expanding the scope of information that certain technical corrections. 0010 or RIN 3170–AA64, by any of the must be collected, reported, and II. Background following methods: disclosed under HMDA, among other Email: FederalRegisterComments@ changes.1 In October 2015, the Bureau HMDA requires certain banks, savings cfpb.gov. Include CFPB–2017–0010 or issued the 2015 HMDA Final Rule associations, credit unions, and for- RIN 3170–AA64 in the subject line of implementing the Dodd-Frank Act profit nondepository institutions to the email. amendments to HMDA.2 The Final Rule collect, report, and disclose data about Electronic: http:// modified the types of institutions and originations and purchases of mortgage www.regulations.gov. Follow the transactions subject to Regulation C, the loans, as well as mortgage loan instructions for submitting comments. types of data that institutions are applications that do not result in Mail: Monica Jackson, Office of the required to collect, and the processes for originations (for example, applications Executive Secretary, Consumer reporting and disclosing the required that are denied or withdrawn). As Financial Protection Bureau, 1700 G data.3 Most of these amendments take originally adopted, Congress stated the Street NW., Washington, DC 20552. effect on January 1, 2018. purposes of HMDA as providing the Hand Delivery/Courier: Monica Through outreach, the Bureau has public and public officials with Jackson, Office of the Executive identified a number of areas in which information to help determine whether Secretary, Consumer Financial implementation of the 2015 HMDA financial institutions are serving the Protection Bureau, 1275 First Street NE., Final Rule could be facilitated through housing needs of the communities in Washington, DC 20002. clarifications, technical corrections, or which they are located and to assist Instructions: Because paper mail in minor changes and the Bureau proposes public officials in their determination of the Washington, DC area and at the certain amendments to Regulation C to the distribution of public sector Bureau is subject to delay, commenters address those areas. The proposal would investments in a manner designed to are encouraged to submit comments establish transition rules for two data improve the private investment electronically. All submissions should points, loan purpose and the unique environment.4 Congress later expanded include the agency name and docket identifier for the loan originator. The HMDA to require, among other things, number or Regulatory Information transition rules would permit financial financial institutions to report racial Number (RIN) for this rulemaking. In institutions to report not applicable for characteristics, gender, and income general, all comments received will be these data points when reporting certain information on applicants and posted without change to http:// loans that they purchased that were borrowers.5 In light of these www.regulations.gov. In addition, originated before certain regulatory amendments, the Board of Governors of comments will be available for public the Federal Reserve System (Board) inspection and copying at 1275 First 1 Dodd-Frank Wall Street Reform and Consumer Street NE., Washington, DC 20002, on Protection Act, Public Law 111–203, 124 Stat. 1376, 4 Home Mortgage Disclosure (Regulation C), 76 FR official business days between the hours section 2097–101 (2010). 78465 section 302(b) (Dec 19. 2012), 12 U.S.C. of 10 a.m. and 5 p.m. Eastern Time. You 2 Home Mortgage Disclosure (Regulation C); 80 FR 2801(b); see also 12 CFR 1003.1(b)(1)(i) and (ii). 66128 (Oct. 28, 2015) (October 2015 HMDA Final 5 Financial Institutions Reform, Recovery, and can make an appointment to inspect the Rule). Enforcement Act of 1989, Public Law 101–73, documents by telephoning (202) 435– 3 October 2015 HMDA Final Rule, 80 FR 66128, section 1211 (‘‘Fair lending oversight and 7275. 29. enforcement’’ section), 103 Stat. 183, 524–26 (1989).

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subsequently recognized a third HMDA by each institution reporting under this such rules, orders, and guidelines.’’ 15 purpose of identifying possible title; Section 1022(b)(1) of the Dodd-Frank discriminatory lending patterns and (C) require disclosure of the class of Act authorizes the Bureau’s Director to enforcing antidiscrimination statutes, the purchaser of such loans; prescribe rules ‘‘as may be necessary or which now is codified with HMDA’s (D) permit any reporting institution to appropriate to enable the Bureau to other purposes in Regulation C.6 submit in writing to the Bureau or to the administer and carry out the purposes In 2010, Congress enacted the Dodd- appropriate agency such additional data and objectives of the Federal consumer Frank Act, which amended HMDA and or explanations as it deems relevant to financial laws, and to prevent evasions also transferred HMDA rulemaking the decision to originate or purchase thereof.’’ 16 Both HMDA and title X of authority and other functions from the mortgage loans; and the Dodd-Frank Act are Federal Board to the Bureau.7 Among other (E) modify or require modification of consumer financial laws.17 Accordingly, changes, the Dodd-Frank Act expands itemized information, for the purpose of the Bureau has authority to issue the scope of information relating to protecting the privacy interests of the regulations to administer HMDA. mortgage applications and loans that mortgage applicants or mortgagors, that HMDA section 305(a) broadly 11 must be collected, reported, and is or will be available to the public.’’ authorizes the Bureau to prescribe such disclosed under HMDA. New data In October 2015, the Bureau issued regulations as may be necessary to carry points specified in the Dodd-Frank Act the 2015 HMDA Final Rule which out HMDA’s purposes.18 These include the age of loan applicants and implemented the Dodd-Frank Act regulations may include mortgagors, information relating to the amendments to HMDA.12 The Final ‘‘classifications, differentiations, or points and fees payable at origination, Rule modifies the types of institutions other provisions, and may provide for the difference between the annual and transactions subject to Regulation C, such adjustments and exceptions for percentage rate (APR) associated with the types of data that institutions are any class of transactions, as in the the loan and a benchmark rate or rates required to collect, and the processes for judgment of the Bureau are necessary for additional loans, the term of any reporting and disclosing the required and proper to effectuate the purposes of prepayment penalty, the value of real data. [HMDA], and prevent circumvention or property to be pledged as collateral, the Since issuing the Final Rule, the evasion thereof, or to facilitate term of the loan and of any introductory Bureau has conducted outreach with compliance therewith.’’ 19 interest rate for the loan, the presence of stakeholders, through participation in contract terms allowing nonamortizing conferences concerning the Final Rule, A number of HMDA provisions payments, the origination channel, and communications with HMDA vendors, specify that covered institutions must the credit scores of applicants and and informal inquiries submitted by compile and make their HMDA data mortgagors.8 The Dodd-Frank Act also financial institutions. As part of these publicly available ‘‘in accordance with authorizes the Bureau to require, ‘‘as [it] efforts and through its own analysis of regulations of the Bureau’’ and ‘‘in such 20 may determine to be appropriate,’’ a the 2015 HMDA Final Rule, the Bureau formats as the Bureau may require.’’ unique identifier that identifies the loan has identified certain technical errors in HMDA section 304(j)(1) authorizes the originator, a universal loan identifier, the Final Rule, potential ways to ease Bureau to issue regulations to define the and the parcel number that corresponds burden of reporting certain data loan application register information to the real property pledged or proposed requirements, and clarification of key that HMDA reporters must make to be pledged as collateral for the terms that will facilitate compliance available to the public upon request and mortgage loan.9 The Dodd-Frank Act with the Final Rule. This proposal to specify the form required for such 21 also provides the Bureau with the addresses these issues. disclosures. HMDA section authority to require ‘‘such other 304(j)(2)(B) provides that ‘‘[t]he Bureau III. Legal Authority information as the Bureau may shall require, by regulation, such require.’’ 10 The Dodd-Frank Act The Bureau is issuing this proposal deletions as the Bureau may determine mandated that ‘‘the Bureau, in pursuant to its authority under the to be appropriate to protect—(i) any consultation with other appropriate Dodd-Frank Act and HMDA. This privacy interest of any applicant . . . agencies . . . and, after notice and proposed rule consists of amendments and (ii) a depository institution from comment, shall develop regulations and corrections to the 2015 HMDA Final liability under any Federal or State that— Rule.13 Section 1061 of the Dodd-Frank 15 (A) prescribe the format for such Act transferred to the Bureau the 12 U.S.C. 5581(a)(1)(A). ‘‘consumer financial protection 16 12 U.S.C. 5512(b)(1). disclosures, the method for submission 17 Dodd-Frank Act section 1002(14), 12 U.S.C. of the data to the appropriate agency, functions’’ previously vested in certain 5481(14) (defining ‘‘Federal consumer financial and the procedures for disclosing the other Federal agencies, including the law’’ to include the ‘‘enumerated consumer laws’’ information to the public; Board.14 The term ‘‘consumer financial and the provisions of title X of the Dodd-Frank Act); protection function’’ is defined to Dodd-Frank Act section 1002(12), 12 U.S.C. (B) require the collection of data include ‘‘all authority to prescribe rules 5481(12) (defining ‘‘enumerated consumer laws’’ to required to be disclosed under include HMDA). or issue orders or guidelines pursuant to 18 subsection (b) with respect to loans sold 12 U.S.C. 2804(a). any Federal consumer financial law, 19 Id. including performing appropriate 20 See, e.g., HMDA section 304(a)(1), (j)(2)(A), 6 54 FR 51356, 51357 (Dec. 15, 1989), codified at functions to promulgate and review (j)(3), (m)(2), 12 U.S.C. 2803(a)(1), (j)(2)(A), (j)(3), 12 CFR 1003.1(b)(1). (m)(2); see also HMDA section 304(b)(6)(I), 12 7 Dodd-Frank Wall Street Reform and Consumer U.S.C. 2803(b)(6)(I) (requiring covered institutions Protection Act, Public Law 111–203, 124 Stat. 1376, 11 Dodd-Frank Act section 1094(3)(B), amending to use ‘‘such form as the Bureau may prescribe’’ in sections 1980, 2035–38, and 2097–101 (2010). Also, HMDA section 304(h), 12 U.S.C. 2803(h). reporting credit scores of mortgage applicants and in 2010, the Board conducted public hearings on 12 October 2015 HMDA Final Rule, 80 FR 66128. mortgagors). HMDA section 304(k)(1) also requires potential revisions to Regulation C. 13 October 2015 HMDA Final Rule, 80 FR 66128, depository institutions covered by HMDA to make 8 Dodd-Frank Act section 1094(3)(A), amending 66136–37. disclosure statements available ‘‘[i]n accordance HMDA section 304(b), 12 U.S.C. 2803(b). 14 12 U.S.C. 5581. Section 1094 of the Dodd-Frank with procedures established by the Bureau pursuant 9 Id. Act also replaced the term ‘‘Board’’ with ‘‘Bureau’’ to this section.’’ 12 U.S.C. 2803(k)(1). 10 Id. in most places in HMDA. 12 U.S.C. 2803 et seq. 21 12 U.S.C. 2803(j)(1).

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privacy law.’’ 22 HMDA subsection Bureau may require.’’ 28 Specifically, amendments to have the intended effect, 304(j)(7) also directs the Bureau to make HMDA section 304(b)(5)(D) requires the proposed amendments’ effective every effort in prescribing regulations reporting of ‘‘such other information as dates should be synchronized with the under the subsection to minimize the the Bureau may require’’ for mortgage related effective dates in the HMDA costs incurred by a depository loans, and section 304(b)(6)(J) requires Final Rule. institution in complying with such reporting of ‘‘such other information as The HMDA Final Rule takes effect in regulations.23 the Bureau may require’’ for mortgage stages between January 1, 2017 and HMDA section 304(e) directs the loans and applications. HMDA section January 1, 2020, with most of the Bureau to prescribe a standard format 304 also identifies certain data points amendments included in the Final Rule for HMDA disclosures required under that are to be included in the taking effect on January 1, 2018. HMDA section 304.24 As amended by itemization ‘‘as the Bureau may Accordingly, the Bureau proposes, as the Dodd-Frank Act, HMDA section determine to be appropriate.’’ 29 It provided in the proposed amendatory 304(h)(1) requires HMDA data to be provides that age and other categories of instructions included below, that most submitted to the Bureau or to the data shall be modified prior to release of the proposed amendments take effect appropriate agency for the reporting ‘‘as the Bureau determines to be on January 1, 2018. The Bureau financial institution ‘‘in accordance necessary’’ to satisfy the statutory proposes that some proposed with rules prescribed by the Bureau.’’ 25 purpose of protecting the privacy amendments take effect on January 1, HMDA section 304(h)(1) also directs the interests of the mortgage applicants or 2019 or January 1, 2020, respectively, to Bureau, in consultation with other mortgagors.30 correspond to related effective dates for appropriate agencies, to develop The Dodd-Frank Act amendments to amendments included in the Final Rule. regulations after notice and comment HMDA also authorize the Bureau’s The proposed amendments that would that: Director to develop or assist in the take effect on January 1, 2019 or January prescribe the format for such disclosures, the improvement of methods of matching 1, 2020, respectively, are noted in the method for submission of the data to the addresses and census tracts to facilitate applicable section-by-section discussion appropriate agency, and the procedures for HMDA compliance by depository in part V below and proposed disclosing the information to the public; institutions in as economical a manner amendatory instructions included require the collection of data required to be as possible.31 The Bureau, in below. The proposed amendatory disclosed under [HMDA section 304(b)] with consultation with the Secretary of HUD, instructions are organized sequentially respect to loans sold by each institution may also exempt for-profit mortgage- by effective date, starting with all reporting under this title; require disclosure of the class of the purchaser of such loans; lending institutions that are comparable proposed amendments that would take permit any reporting institution to submit in within their respective industries to a effect on January 1, 2018. The Bureau writing to the Bureau or to the appropriate bank, savings association, or credit solicits comment on the proposed agency such additional data or explanations union that has total assets of effective dates. as it deems relevant to the decision to $10,000,000 or less.32 V. Section-by-Section Analysis originate or purchase mortgage loans; and In preparing this proposed rule, the modify or require modification of itemized Bureau has considered the changes The discussion below uses the information, for the purpose of protecting the below in light of its legal authority following shorthand to refer to the privacy interests of the mortgage applicants under HMDA and the Dodd-Frank Act. individual provisions in Regulation C: or mortgagors, that is or will be available to ‘‘Current § 1003.X’’ refers to the the public.26 The Bureau has determined that each of the changes addressed below is provision currently in effect, as of the HMDA also authorizes the Bureau to consistent with the purposes of HMDA date of this proposal; ‘‘Revised issue regulations relating to the timing and is authorized by one or more of the § 1003.X’’ refers to the provision as 27 of HMDA disclosures. sources of statutory authority identified revised by the Final Rule; ‘‘§ 1003.X, as As amended by the Dodd-Frank Act, in this part. adopted by the Final Rule;’’ refers to a HMDA section 304 requires itemization provision newly adopted by the Final of specified categories of information IV. Effective Date Rule; and, ‘‘Proposed § 1003.X’’ refers to and ‘‘such other information as the For the reasons discussed below, the the proposed amendments to the Bureau proposes that the amendments provision. 22 12 U.S.C. 2803(j)(2)(B). included in this proposal take effect 23 12 U.S.C. 2803(j)(7). Section 1003.2 Definitions 24 12 U.S.C. 2803(e). when the related amendments to 25 12 U.S.C. 2803(h)(1); see also HMDA section Regulation C adopted by the 2015 2(d) Closed-End Mortgage Loan 304(n), 12 U.S.C. 2803(n) (discussing submission to HMDA Final Rule take effect. As In the Final Rule, the Bureau adopted the Bureau or the appropriate agency ‘‘in discussed more fully below, the § 1003.2(d) to provide that a ‘‘closed- accordance with regulations prescribed by the proposed amendments to Regulation C Bureau’’). For purposes of HMDA section 304(h), end mortgage loan’’ is a dwelling- HMDA section 304(h)(2) defines the appropriate would make technical corrections to secured ‘‘extension of credit’’ that is not agencies for different categories of financial and address certain areas to facilitate an open-end line of credit. Comment institutions. The agencies are the Federal banking implementation of the 2015 HMDA 2(d)–2, as adopted by the Final Rule, agencies, the FDIC, the NCUA, and the Secretary of Final Rule. For the proposed HUD. 12 U.S.C. 2803(h)(2). provides guidance on ‘‘extension of 26 12 U.S.C. 2803(h)(1). The Dodd-Frank Act also credit,’’ including an example of a 28 added new HMDA section 304(h)(3), which directs HMDA section 304(b)(5)(D), (b)(6)(J), 12 U.S.C. 2803(b)(5)(D), (b)(6)(J). transaction that would not be viewed as the Bureau to prescribe standards for any a closed-end mortgage loan because no modification pursuant to HMDA section 29 HMDA section 304(b)(6)(F), (G), (H), 12 U.S.C. 304(h)(1)(E), to effectuate HMDA’s purposes, in 2803(b)(6)(F), (G), (H). credit is extended. Comment 2(d)–2 also light of the privacy interests of mortgage applicants 30 HMDA section 304(h)(3)(A)(ii), 12 U.S.C. explains that, for purposes of Regulation or mortgagors. 12 U.S.C. 2803(h)(1)(E), 2803(h)(3). 2803(h)(3)(A)(ii). C, an ‘‘extension of credit’’ refers to the 27 HMDA section 304(l)(2)(A), 12 U.S.C. 31 HMDA section 307(a), 12 U.S.C. 2806(a) granting of credit pursuant to a new 2803(l)(2)(A) (setting maximum disclosure periods (authorizing the Bureau’s Director to utilize, except as provided under other HMDA subsections contract with, act through, or compensate any debt obligation. The comment provides and regulations prescribed by the Bureau); HMDA person or agency to carry out this subsection). that if a transaction modifies, renews, section 304(n), 12 U.S.C. 2803(n). 32 HMDA section 309(a), 12 U.S.C. 2808(a). extends, or amends the terms of an

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existing debt obligation without to consolidation as part of the CEMA, as from reporting under revised satisfying and replacing the original discussed below. The Bureau proposes § 1003.4(a), such as the debt-to-income debt obligation with a new debt to include in comment 2(d)–2.ii a ratio discussed above, might also not be obligation, the transaction generally is clarifying reference to the new easily available, relevant, or useful for not an extension of credit under § 1003.3(c)(13) exclusion. The Bureau loans secured by five or more separate Regulation C. For the reasons discussed solicits comment on this clarifying non-multifamily dwellings in more than below, the Bureau proposes certain reference. one location. Consequently, to facilitate implementation and ensure the clarifying amendments to comment 2(f) Dwelling 2(d)–2. relevance and usefulness of the data The example in comment 2(d)–2, as In revised § 1003.2(f) and comment collected, the Bureau proposes to add adopted by the Final Rule, illustrating a 2(f)–2, the Final Rule revised and language to comment 2(f)–2 making transaction in which there is no clarified the definition of ‘‘dwelling’’ in clear that a loan secured by five or more extension of credit, discusses Regulation C to provide, among other separate dwellings in more than one installment land sales contracts. The things, that multifamily residential location is a loan secured by a Bureau believes that the specific structures include housing complexes multifamily dwelling and providing an example included in the Final Rule is and manufactured home communities example. The Bureau solicits comment not helpful for illustrating a transaction and that such communities are on this added language. in which there is no extension of credit dwellings. The Bureau believed that In addition, the Bureau proposes a because whether installment land sales providing comment 2(f)–2 relating to technical correction to comment 2(f)–2. contracts are extensions of credit is a multifamily residential structures would The Bureau proposes to change the term fact-specific inquiry that depends on the facilitate compliance by providing ‘‘complexes’’ to ‘‘housing complexes,’’ particular installment contract’s terms guidance on when loans related to for clarity. No change in meaning is and other facts and circumstances. multifamily dwellings would be intended. The Bureau requests comment Therefore, the Bureau proposes to considered loans secured by a dwelling on this technical correction. for purposes of Regulation C. In revised remove the specific example from 2(g) Financial Institution comment 2(d)–2, while also providing § 1003.2(n), the Bureau provides that a As discussed below, the Bureau more generally that installment land ‘‘multifamily dwelling’’ is a dwelling proposes an exclusion from reporting, in sales contracts, depending on the facts that contains five or more individual proposed § 1003.3(c)(13), for any and circumstances, may or may not dwelling units. Revised § 1003.4(a) excludes many data points for covered preliminary transaction providing new involve extensions of credit rendering loans secured by multifamily dwellings funds prior to consolidation as part of the transactions closed-end mortgage because such data may not be easily a New York CEMA. In addition, the loans. The Bureau solicits comment on available, relevant, or useful for Bureau proposes a conforming change to this change. multifamily transactions. For example, §§ 1003.2(g)(1)(v)(A) and (2)(ii)(A) as Comment 2(d)–2.ii as adopted by the except for purchased covered loans, adopted by the Final Rule in the Final Rule provides a narrow exception revised § 1003.4(a)(23) requires definition of ‘‘financial institution,’’ to revised Regulation C’s general rule reporting of the ratio of the applicant’s adding the new exclusion to a list of that an ‘‘extension of credit’’ occurs or borrower’s total monthly debt to the exclusions referenced in that definition. only when a new debt obligation is 33 total monthly income relied on in Although the definition of financial created. The exception covers making the credit decision. However, institution includes thresholds for non- transactions completed pursuant to a comment 4(a)(23)–6 makes clear that a excluded closed-end mortgage loans and New York State consolidation, financial institution complies with non-excluded open-end lines of credit, extension, and modification agreement § 1003.4(a)(23) by reporting that the this conforming change is limited to the and classified as a supplemental requirement is not applicable for a portions of § 1003.2(g) listing exclusions mortgage under New York Tax Law covered loan secured by, or an for closed-end mortgage loans because section 255, such that the borrower application proposed to be secured by, the Bureau does not believe that open- owes reduced or no mortgage recording a multifamily dwelling. end lines of credit are used to provide taxes (New York CEMAs). As explained During implementation of the Final 34 new funds prior to consolidation as part in the Final Rule and discussed more Rule, the Bureau was asked whether of a New York CEMA. The Bureau fully below in relation to loans that are secured by five or more requests comment on this conforming § 1003.3(c)(13), the Bureau believes that separate dwellings that each contain change, including whether open-end transactions completed pursuant to New fewer than five individual dwelling lines of credit may be used in this way. York CEMAs represent situations where units in more than one location are a new debt obligation is created in loans secured by multifamily dwellings. 2(i) Home Improvement Loan substance, if not in form, and that the For example, a landlord might use a HMDA section 303(2) defines a benefits of requiring such transactions covered loan to improve five or more ‘‘mortgage loan’’ as a loan that is to be reported justify the burdens. The single-family dwellings in different secured by residential real property or a Bureau proposes no changes to the locations, with those properties securing home improvement loan. Regulation C ‘‘extension of credit’’ exception that the loan. Because such a loan would not currently defines ‘‘home improvement requires reporting of New York CEMAs be secured by a housing complex or loan’’ and provides guidance in but proposes a complementary manufactured home community, it is commentary about mixed-use property. exclusion from reporting, in not clear under § 1003.2(f) as adopted by Pursuant to the Bureau’s authority § 1003.3(c)(13), for any preliminary the Final Rule how it should be under HMDA section 305(a), the Bureau transaction providing new funds prior reported. The Bureau believes that such revised the current definition of home a loan should be reported as secured by improvement loan in § 1003.2(i) as 33 Comment 2(d)–2.i provides a second exception, a multifamily dwelling. As with loans adopted by the Final Rule and revised for assumptions, which Regulation C historically has covered. The Bureau is not proposing any that are secured by multifamily the accompanying commentary change to the assumptions exception. dwellings in one location, the regarding mixed-use property. For the 34 80 FR 66128, 66142–66143 (Oct. 28, 2015). information that would be excluded reasons set forth below, the Bureau

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proposes to amend the commentary to improvement loan under § 1003.2(i), revised the current home purchase loan § 1003.2(i) to clarify further the even though its primary purpose is to commentary to conform to revised reporting requirements for home improve the commercial portion of the § 1003.2(j) and to provide additional improvement loans secured by mixed- property. clarifications. The Final Rule use property, that is, a dwelling used for To resolve this apparent tension, the renumbered current comment 2(Home both residential and commercial Bureau proposes to amend comment purchase loan)–5 as comment 2(j)–3, purposes. 2(i)–4 to clarify that the comment with minor changes for clarity. Revised The Bureau understands there may be applies only to multifamily dwellings.35 comment 2(j)–3 explains that a home uncertainty regarding the reporting The proposed amendment would clarify purchase loan includes both a combined requirements for mixed-use property that the Bureau intends comment 2(i)– construction/permanent loan and the under § 1003.2(i), as adopted by the 4 to apply to multifamily dwellings of permanent financing that replaces a Final Rule, in light of § 1003.3(c)(10), the type referenced in the comment (for construction-only loan. It further which the Bureau adopted by the Final example, a building containing five or explains that a home purchase loan does Rule to exclude certain loans and lines more apartment units and retail space), not include a construction-only loan of credit made primarily for a and not to non-multifamily dwellings that is designed to be replaced by commercial or business purpose from that have both residential and permanent financing at a later time, coverage. Comment 2(i)–4 explains, in commercial purposes (for example, a which is excluded from Regulation C as relevant part, that a closed-end mortgage single-family dwelling with a doctor’s temporary financing under loan or an open-end line of credit to office). The Bureau believes that loans § 1003.3(c)(3), and includes a cross- improve a dwelling used for residential or lines of credit to improve primarily reference to comment 3(c)(3)–1. For the and commercial purposes (for example, the commercial portion of a multifamily reasons discussed below, the Bureau a building containing apartment units dwelling should not be reportable home proposes to amend comment 2(j)–3. and retail space) or the real property on improvement loans because such loans As discussed in more detail in the which such a dwelling is located, is a or lines of credit involve relatively small section-by-section analysis of home improvement loan if the loan’s housing components and large § 1003.3(c)(3) regarding temporary proceeds are used either to improve the commercial components of the dwelling financing, the Bureau proposes to entire property (for example, to replace in comparison to loans or lines of credit amend the commentary to § 1003.3(c)(3) the heating system) or if the proceeds to improve primarily the commercial to clarify that a loan or line of credit is are used primarily to improve the portion of a dwelling other than a considered temporary financing and residential portion of the property. multifamily family dwelling. The excluded under § 1003.3(c)(3) if the loan Section 1003.3(c)(10) excludes loans Bureau also believes that loans or lines or line of credit is designed to be and lines of credit made primarily for a of credit to improve primarily the replaced by separate permanent commercial or business purpose unless commercial portion of a multifamily financing extended to the same they are for the purpose of home dwelling would provide limited borrower at a later time. The Bureau purchase under § 1003.2(j), home information to help determine whether also proposes to amend the commentary improvement under § 1003.2(i), or financial institutions are serving the to § 1003.3(c)(3) to provide guidance refinancing under § 1003.2(p). Comment housing needs of the communities in that a construction-only loan or line of 3(c)(10)–3 provides illustrative which they are located. Accordingly, the credit is considered temporary financing examples of business- or commercial- proposed amendments to comments and is excluded from reporting if the purpose loans and lines of credit that 2(i)–4 and 3(c)(10)–3.ii together would loan or line of credit is extended to a are covered loans under the Final Rule. clarify that a loan to improve person exclusively to construct a Comment 3(c)(10)–3.ii explains that a commercial space in a multifamily dwelling for sale. Such loans are not closed-end mortgage loan or an open- dwelling would not be a home currently reported under Regulation C, end line of credit to improve an office, improvement loan, but a loan to and the Bureau did not intend for example, a doctor’s office, that is improve commercial space in a dwelling § 1003.3(c)(3), as adopted by the Final located in a dwelling, would be a other than a multifamily dwelling Rule, to expand coverage to include covered loan. would be a home improvement loan. them. The Bureau is concerned that The Bureau believes its proposal to The Bureau proposes conforming comments 2(i)–4 and 3(c)(10)–3.ii, as clarify the applicability of comment changes to comment 2(j)–3 to reflect the adopted by the Final Rule, could be 2(i)–4 to multifamily dwellings, taken proposed revisions to the § 1003.3(c)(3) interpreted as providing inconsistent together with the proposed amendment commentary. The Bureau also proposes guidance regarding when a closed-end to comment 3(c)(10)–3.ii, would resolve to refer to both a loan or line of credit mortgage loan or open-end line of credit potential uncertainty over the reporting in comment 2(j)–3, consistent with the to improve property used for both requirements for loans used to improve § 1003.3(c)(3) commentary. Accordingly, residential and commercial purposes various types of mixed-use property. the Bureau proposes to amend comment would be considered a home The Bureau solicits comment on the 2(j)–3 to explain that a home purchase improvement loan under § 1003.2(i). proposed clarification. loan includes both a combined Comment 2(i)–4 explains that a closed- construction/permanent loan or line of end mortgage loan or open-end line of 2(j) Home Purchase Loan credit, and the separate permanent credit is a reportable home Currently, § 1003.2 provides a financing that replaces a construction- improvement loan under § 1003.2(i) if definition of ‘‘home purchase loan’’ and only loan or line of credit for the same the proceeds are used to improve the provides guidance in commentary. The borrower at a later time. Proposed entire property or primarily the Final Rule revised the current definition comment 2(j)–3 would also clarify that residential portion of the property. of home purchase loan in § 1003.2(j) and a home purchase loan does not include However, comment 3(c)(10)–3.ii a construction-only loan or line of credit provides an example indicating that a 35 As discussed in more detail in the section-by- that is designed to be replaced by closed-end mortgage loan or open-end section analysis of § 1003.3(c)(10), the Bureau separate permanent financing extended proposes to revise the example in comment line of credit to improve an office in a 3(c)(10)–3.ii to clarify that it applies to dwellings to the same borrower at a later time or dwelling would be a reportable home other than multifamily dwellings. that is extended to a person exclusively

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to construct a dwelling for sale, and Additionally, the Bureau believes it may when its construction is completed, and include a cross-reference to proposed be helpful to explain that, for a loan or as such, the construction loan or line of new comment 3(c)(3)–2. As noted line of credit to be considered credit is not designed to be replaced by above, the Bureau proposes to exclude temporary financing, it must be a permanent financing to the same such loans or lines of credit from separate transaction from the permanent borrower. Instead, the buyer of the Regulation C as temporary financing financing designed to replace it. newly-constructed dwelling generally under § 1003.3(c)(3). The Bureau solicits Accordingly, to clarify further the obtains a HMDA-reportable home comment on the proposed amendments. meaning of comment 3(c)(3)–1, the purchase loan to finance the purchase of Bureau proposes to amend the comment the dwelling, and this permanent Section 1003.3 Exempt Institutions to specify that a loan or line of credit is financing obtained by the buyer and Excluded Transactions considered temporary financing and functions to pay off the construction 3(c) Excluded Transactions excluded under § 1003.3(c)(3) if it is loan or line of credit. designed to be replaced by separate The Bureau believes that expanding 3(c)(3) permanent financing extended to the Regulation C’s transactional coverage to Currently, Regulation C provides an same borrower at a later time. The require reporting of loans or lines of exclusion for temporary financing in Bureau proposes amendments to the credit for the sole purpose of § 1003.4(d)(3). The Final Rule revised illustrative examples in comment constructing a dwelling for sale, which the exclusion for temporary financing in 3(c)(3)–1.ii through .v to reflect these are often extended to builders, would § 1003.3(c)(3) and adopted comment proposed clarifications. To improve yield limited data to support HMDA’s 3(c)(3)–1 to clarify the scope of the consistency, the Bureau also proposes to purposes because of the distinct pricing exclusion and to incorporate existing substitute the word ‘‘obtained’’ for the terms, underwriting standards, and loan guidance in a FFIEC FAQ. Comment word ‘‘made’’ in comment 3(c)(3)–1.iii. features generally present in these 3(c)(3)–1, as adopted by the Final Rule, Additionally, the Bureau proposes to transactions. For example, the Bureau provides that temporary financing is amend comment 3(c)(3)–1 to reflect the believes that a construction-only loan or excluded from coverage and explains proposed addition of proposed line of credit to a person exclusively to that a loan or line of credit is temporary comment 3(c)(3)–2, as discussed in construct a dwelling for sale would financing if it is designed to be replaced more detail below. provide relatively limited information to by permanent financing at a later time. The Bureau is also concerned that help determine whether financial The comment provides several comment 3(c)(3)–1 may be read as institutions are serving the housing illustrative examples to clarify whether expanding Regulation C reporting needs of their communities or assist in a loan or line of credit is designed to be requirements to certain transactions that decisions regarding the distribution of replaced by permanent financing. For the Bureau believes should be public sector investments. Thus, the the reasons discussed below, the Bureau considered temporary financing and Bureau believes that construction-only proposes to clarify further the meaning excluded from reporting because their loans or lines of credit to a person of comment 3(c)(3)–1 and to add new unique characteristics provide limited exclusively to construct a dwelling for comment 3(c)(3)–2 to clarify the data to support HMDA’s purposes. sale should continue to be excluded as treatment of certain construction-only Comment 3(c)(3)–1 does not specifically temporary financing in light of their loans or lines of credit as temporary address a construction-only loan or line unique characteristics and limited value financing. of credit to a person exclusively to in furthering HMDA’s purposes. The Bureau understands that there construct a dwelling for sale. Moreover, such loans or lines of credit may be uncertainty regarding the Construction-only loans or lines of will often be replaced by a buyer’s guidance set forth in comment 3(c)(3)– credit to construct a dwelling for sale permanent financing that would be 1 as adopted by the Final Rule. are not currently reported under reported under HMDA and provide Specifically, the comment does not Regulation C, and the Bureau did not information about the property securing explain whether a loan or line of credit intend in the Final Rule to expand the longer-term loan, such as must be designed to be replaced by Regulation C’s coverage to include construction method and property permanent financing extended to the them. However, comment 3(c)(3)–1 value. The Bureau believes that same borrower at a later time in order suggests that such loans or lines of construction-only loans or lines of for that loan or line of credit to be credit would not be excluded as credit extended to a person exclusively considered temporary financing. The temporary financing under to construct a dwelling for sale are illustrative examples in comment § 1003.3(c)(3) if they are not designed to distinguishable from short-term 3(c)(3)–1.i through .v suggest that the be replaced by permanent financing at transactions that provide valuable temporary financing exclusion applies a later time. Additionally, as noted HMDA data and are not excluded as when the loan or line of credit is above, the Bureau proposes to clarify in temporary financing under designed to be replaced by permanent comment 3(c)(3)–1 that for the § 1003.3(c)(3). The Bureau recognizes financing to the same borrower at a later temporary financing exclusion to apply, time, but do not state this expressly.36 that in the Final Rule, it explained that the separate permanent financing must the temporary financing exclusion does be extended to the same borrower that 36 For example, comment 3(c)(3)–1.ii explains not depend on the loan purpose, but obtained the loan or line of credit it is rather turns on whether the loan is or is that the initial construction loan is excluded as designed to replace. A loan or line of temporary financing under § 1003.3(c)(3) and not designed to be replaced by longer- provides an example where Lender A extends credit credit to a person to finance the term financing at a later time.37 The to finance construction of a dwelling, and a new construction of a dwelling for sale is an extension of credit for permanent financing for the Bureau did not intend to expand interim transaction paid off with Regulation C’s transactional coverage to dwelling will be obtained, either from Lender A or proceeds from the sale of the dwelling from another lender, and either through a include construction-only loans or lines refinancing of the initial construction loan or a of credit to a person exclusively to separate loan. Comment 3(c)(3)–1.v explains, in apply in an example where Lender A originates a relevant part, that under § 1003.3(c)(3), the loan is loan with a nine-month term to enable an investor construct a dwelling for sale, and not designed to be replaced by permanent financing to purchase a home, renovate it, and re-sell it before and the temporary financing exclusion does not the term expires. 37 80 FR 66168.

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expressly stated in the Final Rule that for construction loans that are not the Bureau also proposes minor changes the commentary to § 1003.3(c)(3) ‘‘will extended to a person exclusively to to comment 3(c)(10)–3 to add the word help to ensure reporting of short-term construct a dwelling for sale. The ‘‘although’’ and remove the word ‘‘but.’’ transactions that function as permanent Bureau solicits comment on the The Bureau solicits comment on the financing (e.g., a loan with a nine-month proposed clarifications. proposed clarifications. term to enable an investor to purchase 3(c)(10) a home, renovate, and re-sell it before 3(c)(11) the term expires).’’ 38 The Bureau also Regulation C currently covers closed- explained in the Final Rule that it is end, commercial-purpose loans made to HMDA extends reporting important for HMDA purposes to know purchase, refinance, or improve a responsibilities to banks, savings how often and under what dwelling. The Final Rule adopted associations, credit unions and other circumstances financing is granted to § 1003.3(c)(10) to provide that loans and lending institutions (defined as any investors to purchase a dwelling and lines of credit made primarily for a person engaged for profit in the business sell it for occupancy before the term of commercial or business purpose are of mortgage lending other than a bank, the loan expires.39 excluded transactions unless they are savings association, or credit union) that In contrast to construction-only loans for the purpose of home purchase under satisfy certain requirements concerning or lines of credit to construct a dwelling § 1003.2(j), home improvement under location, asset size, and lending for sale, the Bureau believes these short- § 1003.2(i), or refinancing under activity.40 Current Regulation C requires term home improvement or home § 1003.2(p). The commentary to institutions that meet the definition of purchase loans may pose particular § 1003.3(c)(10) explains the general rule, financial institution to collect and risks to communities and to consumers. clarifies that § 1003.3(c)(10) does not report HMDA data. HMDA and current The Bureau believes that reporting such exclude all dwelling-secured business- Regulation C establish different loans will provide information to help or commercial-purpose loans or lines of coverage criteria for depository credit from coverage, explains how public officials and public interest institutions than for nondepository financial institutions should determine organizations identify risks to institutions.41 For several reasons,42 the consumers and to local markets and whether a transaction primarily is for a 2015 HMDA Final Rule made changes to enable them to target programs to assist commercial or business purpose, and Regulation C’s institutional coverage vulnerable consumers. For example, provides illustrative examples. As with the information reported from discussed in the section-by-section and adopted uniform loan-volume these loans, public officials may identify analysis of § 1003.2(i) above, the Bureau thresholds for depository and the property value relied on for a loan is concerned that there may be nondepository institutions. to an investor to purchase a home, uncertainty regarding when a closed- Section 1003.2(g) as adopted by the renovate it, and re-sell it as compared to end mortgage loan or open-end line of Final Rule provides loan-volume the property value relied on for a credit made primarily for a business or thresholds, for closed-end mortgage buyer’s permanent financing obtained to commercial purpose is a reportable loans and open-end lines of credit, for purchase that home. The Bureau home improvement loan under Regulation C’s coverage of financial believes such information would § 1003.2(i) and, thus, not excluded from institutions. The threshold for closed- reporting under § 1003.3(c)(10). For the provide significant value for HMDA’s end mortgage loans is 25 loans reasons set forth in the section-by- purposes. Accordingly, the Bureau originated in each of the two preceding section analysis of § 1003.2(i), the continues to believe that the guidance calendar years. Section 1003.3(c)(11) as provided in comment 3(c)(3)–1, taken Bureau proposes to amend the example in comment 3(c)(10)–3.ii to clarify that adopted by the Final Rule provides a together with the proposed complementary exclusion for loans clarifications, will effectively serve its guidance applies in the case of a below the threshold, providing that a HMDA’s purposes. At the same time, for dwelling other than a multifamily closed-end mortgage loan is an excluded the reasons explained above, the Bureau dwelling and to provide an additional believes it is appropriate to clarify its illustration. transaction if a financial institution intent to classify construction-only Proposed comment 3(c)(10)–3.ii originated fewer than 25 closed-end loans or lines of credit to a person would illustrate that a closed-end mortgage loans in each of the two exclusively to construct a dwelling for mortgage loan or an open-end line of preceding calendar years. The use of the sale as temporary financing, even where credit to improve a doctor’s office or a word ‘‘each’’ in § 1003.3(c)(11) is a such loans or lines of credit are not daycare center that is located in a drafting error. designed to be replaced by separate dwelling other than a multifamily If the exclusion is to mirror the loan- permanent financing to the same dwelling is not excluded from reporting volume threshold for financial borrower. under § 1003.3(c)(10). A closed-end institutions in § 1003.2(g) and exclude mortgage loan or open-end line of credit The Bureau proposes to add new transactions when that threshold is not to improve a dwelling other than a comment 3(c)(3)–2 to clarify that a met, § 1003.3(c)(11) should provide that multifamily dwelling, even if primarily construction-only loan or line of credit a closed-end mortgage loan is an is considered temporary financing and for a business or commercial purpose, would be a home improvement loan excluded transaction if a financial excluded under § 1003.3(c)(3) if the loan institution originated fewer than 25 or line of credit is extended to a person under § 1003.2(i) and would not be closed-end mortgage loans in ‘‘either’’ of exclusively to construct a dwelling for excluded under § 1003.3(c)(10). The sale. Proposed comment 3(c)(3)–2 Bureau believes the proposed would include a cross-reference to amendment to comment 3(c)(10)–3.ii 40 See generally 12 U.S.C. 2802(3) (defining would clarify that non-multifamily depository institution, which includes other comment 3(c)(3)–1.ii through .iv for lending institutions), 2803(a) (establishing location examples of the reporting requirement dwellings are not ‘‘mixed-use property’’ test), 2808 (defining asset-size test). as described in comment 2(i)–4, even if 41 Id.; Regulation C § 1003.2 (definition of 38 Id. they contain an office or other financial institution). 39 Id. commercial space. To improve clarity, 42 See 80 FR 66128, 66146 (Oct. 28, 2015).

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the two preceding calendar years.43 particularly when the institution’s total Bureau proposes to replace the word Therefore, the Bureau proposes to of closed-end mortgage loans may ‘‘each’’ with ‘‘either’’ to clarify how the amend § 1003.3(c)(11) and comment fluctuate above or below the threshold, exclusion applies. The Bureau requests 3(c)(11)–1. The Bureau proposes to may reduce their regulatory burden. The comment on this amendment. replace the word ‘‘each’’ with ‘‘either’’ Bureau proposes to clarify in proposed The Bureau is also making a technical to clarify how a financial institution comment 3(c)(11)–2 that a financial clarification to the example in comment applies the exclusion. The Bureau institution voluntarily may report 3(c)(12)–1 as adopted by the Final Rule requests comment on this amendment. closed-end mortgage loans and to better describe the reporting The Bureau is also making a technical applications for closed-end mortgage requirements for financial institutions clarification to the example in comment loans that are excluded transactions whose origination totals for the prior 3(c)(11)–1 to better describe the because the financial institution two years exceed the threshold. The reporting requirements for financial originated fewer than 25 closed-end clarification makes clear that the institutions whose origination totals for mortgage loans in either of the two financial institution must report the prior two years are above the preceding calendar years. The Bureau purchased loans, as well as originated threshold. The clarification makes clear solicits comment on the proposed loans and applications, as required by that the financial institution must report comment. The Bureau also solicits §§ 1003.4(a) and 1003.5(a). The Bureau purchased loans, as well as originated comment on whether it should instead requests comment on this clarification. loans and applications, as required by clarify that a financial institution § 1003.4(a) and § 1003.5(a). The Bureau voluntarily may report closed-end Although the Final Rule did not state requests comment on this clarification. mortgage loans and applications for specifically that voluntary reporting of Although the Final Rule did not closed-end mortgage loans that are the loans excluded by § 1003.3(c)(12) is specifically state that voluntary excluded transactions because the allowed, comment 3(c)(12)–1 states that reporting of the loans excluded by financial institution originated fewer a financial institution that is below the § 1003.3(c)(11) is allowed, comment than 25 closed-end mortgage loans in 100 open-end line of credit threshold 3(c)(11)–1 states that a financial either of the two preceding calendar ‘‘need not’’ report such loans, suggesting institution that is below the 25-mortgage years in the regulation text instead of that it might choose to report them. The loan threshold ‘‘need not’’ report such the commentary. In addition, the Bureau Bureau proposes to clarify further that it loans, suggesting that it might choose to solicits comment on adding specific interprets the exclusion in report them. The Bureau proposes to language stating that financial § 1003.3(c)(12), providing that the clarify further that it interprets the institutions that choose to report such requirements of part 1003 do not apply exclusion in § 1003.3(c)(11), providing transactions voluntarily must report all to an open-end line of credit if the that the requirements of part 1003 do such transactions. financial institution originated fewer than 100 open-end lines of credit in not apply to a closed-end mortgage loan 3(c)(12) if the financial institution originated either of the two preceding calendar fewer than 25 closed-end mortgage As explained above in the discussion years, to permit a financial institution to loans in either of the two preceding of § 1003.3(c)(11), § 1003.2(g) as adopted report open-end lines of credit and calendar years, to permit a financial by the Final Rule provides loan-volume applications for open-end lines of institution to report closed-end thresholds, for closed-end mortgage credit. The Bureau also believes the mortgage loans and applications for loans and open-end lines of credit, for inclusion of these loans in the HMDA closed-end mortgage loans voluntarily. Regulation C’s institutional coverage. data would be appropriate if an The Bureau also believes the inclusion The threshold for open-end lines of institution chooses to do so voluntarily of these loans in the HMDA data would credit is 100 loans originated in each of because the loans would be required to be appropriate if an institution chooses the two preceding calendar years. be reported if the institution originated to do so voluntarily because the loans Section 1003.3(c)(12) as adopted by the more of this type of loan. As explained would be required to be reported if the Final Rule provides a complementary above, the Bureau proposes to interpret institution originated more of this type exclusion for loans below the threshold, § 1003.3(c)(11) similarly. providing that an open-end line of of loan. As discussed further below, the As with the exclusion in credit is an excluded transaction if a Bureau proposes to interpret § 1003.3(c)(11), the Bureau believes that financial institution originated fewer § 1003.3(c)(12) similarly. the exclusion in § 1003.3(c)(12) differs than 100 open-end lines of credit in The Bureau believes that the from the exclusions in § 1003.3(c)(1)– each of the two preceding calendar exclusion in § 1003.3(c)(11) (and, as (10) and the new (13) because the years. The use of the word ‘‘each’’ in discussed below, in § 1003.3(c)(12)), applicability of the (c)(12) exclusion is differs from the exclusions in § 1003.3(c)(12) is a drafting error. For the same reason as described not intrinsic to the loan. Whether the § 1003.3(c)(1)–(10) and the new (13) above in the discussion of loan is excluded can be determined only because the applicability of the (c)(11) § 1003.3(c)(11), the Bureau proposes to by reference to the financial institution’s exclusion is not intrinsic to the loan. amend § 1003.3(c)(12) and comment origination activity over two years. The Whether the loan is excluded can be 3(c)(12)–1 as adopted by the Final Rule. Bureau believes that financial determined only by reference to the If the exclusion is to mirror the loan- institutions that choose to report financial institution’s origination volume threshold for financial voluntarily, particularly when the activity over two years. The Bureau institutions in § 1003.2(g) and exclude institution’s total of open-end lines of believes that financial institutions that transactions when that threshold is not credit may fluctuate above or below the choose to report voluntarily, met, § 1003.3(c)(12) should provide that threshold, may reduce their regulatory an open-end line of credit is an burden. The Bureau proposes to clarify 43 The preamble to the Final Rule reflected this in proposed comment 3(c)(12)–2 that a intent: ‘‘The institutional and transactional excluded transaction if a financial coverage thresholds are designed to operate in institution originated fewer than 100 tandem. Under these thresholds, a financial open-end lines of credit in ‘‘either’’ of tandem. Under these thresholds, a financial institution will report closed-end mortgage loans 44 institution will report closed-end mortgage loans only if it satisfies the closed-end mortgage threshold the two preceding calendar years. The only if it satisfies the closed-end mortgage threshold and will report open-end lines of credit only if it and will report open-end lines of credit only if it satisfies the separate open-end credit threshold.’’ 44 The preamble to the 2015 rule reflected this satisfies the separate open-end credit threshold.’’ Home Mortgage Disclosure (Regulation C), 80 FR intent: ‘‘The institutional and transactional Home Mortgage Disclosure (Regulation C), 80 FR 66128, 66149 (Oct. 15, 2015). coverage thresholds are designed to operate in 66128, 66149 (Oct. 15, 2015).

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financial institution voluntarily may added to the existing loan balance are to be reported because the Bureau report open-end lines of credit and through a preliminary credit transaction believed that they present a situation applications for open-end lines of credit that becomes part of the consolidation. where a new debt obligation is created that are excluded transactions because Under New York State law, if no new in substance, if not in form, and that the the financial institution originated fewer money is added in a preliminary benefits of requiring such transactions than 100 open-end lines of credit in transaction before the consolidation, to be reported justify the burdens.50 either of the two preceding calendar there is no ‘‘new’’ mortgage, and the Such transactions are relatively years. borrower avoids paying the mortgage common in New York, and the Bureau The Bureau solicits comment on the recording taxes that would have been believed that reporting of New York proposed comment. The Bureau also imposed if a traditional refinancing had CEMAs would provide useful solicits comment on whether it should been used and the original obligation information about this segment of the instead clarify that a financial had been satisfied and replaced. If new market. The provision interpreting institution voluntarily may report open- money is added through a preliminary ‘‘extension of credit’’ to include New end lines of credit and applications for transaction and becomes part of the York CEMAs in comment 2(d)–2.ii as open-end lines of credit that are consolidated loan, the borrower pays adopted by the Final Rule was meant to excluded transactions because the mortgage recording taxes only on the clarify the reporting requirements financial institution originated fewer new money.46 While generally used in regarding New York CEMAs. than 100 open-end lines of credit in place of traditional refinancings, New The Bureau has become aware of the either of the two preceding calendar York CEMAs also can be used for home need to further clarify reporting years in the regulation text instead of purchases (i.e., to complete an requirements regarding transactions the commentary. In addition, the Bureau assumption), where the seller and buyer associated with New York CEMAs. As solicits comment on adding specific agree that the buyer will assume the explained above, a borrower may enter language stating that financial seller’s outstanding principal balance, into a CEMA that consolidates both the institutions that voluntarily choose to and that balance is consolidated with a prior debt and new funds. The new report such transactions must report all new loan to the borrower for the funds are added through a preliminary such transactions. remainder of the purchase price. credit transaction in which the borrower In treating New York CEMAs as obtains an extension of credit providing 3(c)(13) extensions of credit, the Final Rule only the new funds. Then, the CEMA Comment 2(d)–2.ii as adopted by the departed from prior guidance from the consolidates the new-funds transaction Final Rule provided a narrow exception Board that CEMAs, which modify and with the original mortgage loan into a to Regulation C’s general rule that an consolidate existing debt while single loan. Because the initial ‘‘extension of credit’’ occurs only when generally extending the loan term, were transaction is an extension of credit, it a new debt obligation is created.45 The not covered transactions because they is reportable under revised Regulation C exception covers transactions completed did not meet the definition of a if it is otherwise a covered loan. In pursuant to a New York State refinancing.47 Comment 2(d)–2.ii, as regard to New York CEMAs, this could consolidation, extension, and adopted by the Final Rule, explains that lead to double reporting of the new modification agreement and classified a financial institution must report New funds, once through reporting of the as a supplemental mortgage under New York CEMAs if they are otherwise preliminary transaction, and again York Tax Law section 255, such that the covered transactions. To facilitate the through reporting of the full New York borrower owes reduced or no mortgage reporting of New York CEMAs, the CEMA, which includes the new funds. recording taxes (New York CEMAs). Bureau proposes an exclusion from The Bureau believes that such an New York CEMAs are loans secured by reporting for preliminary transactions outcome would elevate the form of the dwellings located in New York. They that provide new funds that are then transaction over the substance of the generally are used in place of traditional consolidated into New York CEMAs, as resulting consumer indebtedness and refinancings, either to amend a explained above. HMDA section 305(a) could present challenges in interpreting transaction’s interest rate or loan term, authorizes the Bureau to prescribe such the reported data. Therefore, the Bureau or to permit a borrower to take cash out. regulations as may be necessary to carry believes it is appropriate to require that However, unlike a traditional out HMDA’s purposes.48 These only the New York CEMA, i.e., the refinancing, the existing debt obligation regulations may include single, consolidated loan that results is not ‘‘satisfied and replaced.’’ Instead, ‘‘classifications, differentiations, or after both sequential transactions are the existing obligation or obligations are other provisions, and may provide for completed, be reported. Insofar as a consolidated into a new loan, either by such adjustments and exceptions for New York CEMA is the functional the same or a different lender, and any class of transactions, as in the equivalent of a refinancing achieved by either with or without new funds being judgment of the Bureau are necessary other means purely for tax reasons, a and proper to effectuate the purposes of New York CEMA that consolidates a 45 In the Final Rule, the Bureau adopted [HMDA], and prevent circumvention or preliminary extension of new funds is § 1003.2(d) to provide that a ‘‘closed-end mortgage generally the functional equivalent of a loan’’ is a dwelling-secured ‘‘extension of credit’’ evasion thereof, or to facilitate 49 refinancing with new funds extended, that is not an open-end line of credit. Comment compliance therewith.’’ As described 2(d)–2 explains that, for purposes of Regulation C, below, the new exception would i.e., a ‘‘cash-out’’ refinancing, which is an ‘‘extension of credit’’ refers to the granting of effectuate the purposes of HMDA and clearly a single transaction and thus is credit pursuant to a new debt obligation. If a facilitate compliance by eliminating reported as such. transaction modifies, renews, extends, or amends To achieve this outcome, the Bureau the terms of an existing debt obligation without double reporting in these transactions. satisfying and replacing the original debt obligation The Bureau explained in the Final proposes, in § 1003.3(c)(13), that any with a new debt obligation, the transaction Rule preamble that New York CEMAs transaction providing or, in the case of generally is not an extension of credit under revised an application, proposing to provide Regulation C. In addition, comment 2(d)–2.i 46 new funds in advance of a consolidation provided another exception, for assumptions, See N.Y. Tax Law 255 (Consol. 2015). which Regulation C historically has covered. The 47 See 80 FR 66128, 66142 (Oct. 28, 2015). as part of a New York CEMA be an Bureau is not proposing any change to the 48 12 U.S.C. 2804(a). assumptions exception. 49 Id. 50 80 FR 66128, 66143 (Oct. 28, 2015).

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excluded transaction. The exception credit under Regulation C, it may not be not .97. The Bureau proposes to revise further provides that the transaction is reported. appendix C by substituting 97 for .97 excluded only if final action on the The Bureau requests comment on the from the relevant instructions in consolidation was taken in the same proposed exclusion and comment, appendix C. calendar year as final action on the new including whether clarification of the In addition, the Bureau proposes funds. The Bureau believes that this exclusion in relation to quarterly certain amendments to the commentary exclusion would clarify and simplify reporting would be helpful. to § 1003.4(a)(1)(i) adopted by the Final Rule to reflect the different effective reporting of New York CEMAs, Section 1003.4 Compilation of dates for data reporting requirements eliminating double reporting and Reportable Data facilitating compliance for financial adopted by the Final Rule and to make institutions that provide New York 4(a) Data Format and Itemization certain non-substantive clarifications. CEMAs. The proposal does not change 4(a)(1) Comments 4(a)(1)(i)–3 and –4, effective the exception in comment 2(d)–2.ii that January 1, 2018, provide guidance for 4(a)(1)(i) requires New York CEMAs to be the reporting of the ULI for purchased reported as extensions of credit. HMDA section 304(b)(6)(G), as covered loans and reinstated or amended by Dodd-Frank Act section reconsidered applications, respectively. The Bureau also proposes new 1094(3)(A)(iv), authorizes the Bureau to Comment 4(a)(1)(i)–3 includes an comment 3(c)(13)–1 explaining use of require a universal loan identifier, as it illustrative example that references the new § 1003.3(c)(13) exclusion. may determine to be appropriate.52 § 1003.5(a)(1)(i) and (ii). Comment Following the language in the Currently, § 1003.4(a)(1) requires 4(a)(1)(i)–3 also includes, in relevant regulation, proposed comment 3(c)(13)– financial institutions to report an part, a statement regarding a financial 1 would clarify that the exclusion does identifying number for each covered institution’s submission of its loan/ not apply to a transaction that is loan or application reported. As adopted application register pursuant to consolidated in a New York CEMA if by the Final Rule, § 1003.4(a)(1)(i) § 1003.5(a)(1)(i) or (ii), whichever is the final action on the consolidation has requires financial institutions to provide applicable. Comment 4(a)(1)(i)–4 not been completed prior to the end of a universal loan identifier (ULI) for each includes two illustrative examples that the calendar year in which final action covered loan or application reported. reference § 1003.5(a)(1)(ii) and provide on the preliminary transaction occurred. Section 1003.4(a)(1)(i) and its associated guidance regarding how a financial The consolidation into the CEMA is commentary also address ULI institution complies with the ULI what qualifies the prior transaction to be requirements for purchased covered reporting requirement with regard to its an excluded transaction, thus final loans and applications that are quarterly data submission. However, action on that consolidation must occur reconsidered or reinstated during the § 1003.5(a)(1)(i), adopted by the Final within the relevant final reporting same calendar year. In addition, the Rule to set forth revised requirements period. Final Rule requires a check digit as part for a financial institution’s submission Consolidation transactions similar to of the ULI.53 The check digit is meant of its annual loan/application register, New York CEMAs occur in States other to enable financial institutions to has an effective date of January 1, 2019. than New York, although the Bureau identify and correct errors in the ULI, Additionally, § 1003.5(a)(1)(ii), adopted believes they are far less common.51 which would ensure a valid ULI, and by the Final Rule to set forth new Non-New York CEMAs may be called therefore enhance data quality. As part requirements for certain financial institutions to submit a quarterly loan/ CEMAs or MECAs (modification, of the Final Rule, the Bureau published application register, has an effective extension and consolidation new appendix C that includes the methodology for generating a check date of January 1, 2020. agreements). In the Final Rule, the Because § 1003.5(a)(1)(i) and (ii) will Bureau limited the reporting digit and instructions on how to validate a ULI using the check digit. As not yet be effective on January 1, 2018, requirement in comment 2(d)–2.ii to when § 1003.4(a)(1)(i) and its New York CEMAs. As with New York described below, the Bureau proposes certain amendments to appendix C and commentary take effect, the Bureau CEMAs, similar transactions in other to the commentary to § 1003.4(a)(1)(i) to proposes to amend comments 4(a)(1)(i)– States may involve preliminary make certain non-substantive changes. 3 and –4 to remove the references to transactions the proceeds of which The Bureau has become aware of a these paragraphs. Specifically, the become part of the consolidation. In typographical error that occurs twice in Bureau proposes to amend comment addition to the interpretation discussed appendix C and makes one method of 4(a)(1)(i)–3 to remove the illustrative above, proposed comment 3(c)(13)–1 computation of the check digit example that discusses § 1003.5(a)(1)(i) would explain that the exclusion for inaccurate. The Bureau proposes to and (ii), and to replace the statement preliminary transactions consolidated correct the typographical error. Step 3 of regarding § 1003.5(a)(1)(i) or (ii), into New York CEMAs would not apply the method for computing the check whichever is applicable, with a to similar preliminary transactions that digit has two alternatives. Appendix C reference to current § 1003.5(a)(1). The are consolidated pursuant to the law of mistakenly provides that the second of Bureau also proposes minor States other than New York, providing the alternatives requires multiplication clarifications to the first sentence of an example. The comment would also by .97 when the needed operation comment 4(a)(1)(i)–3 to explain that if a explain that if such a preliminary requires multiplication by 97 for the financial institution previously has transaction providing new funds is a result to be accurate. The same assigned a covered loan with a ULI or covered loan, it must be reported. In typographical error occurs in Step 3 of reported a covered loan with a ULI addition, the comment would also state the example based on this alternative under Regulation C, a financial that if the associated consolidation and method. The computation result institution that purchases that covered modification agreement is carried out presented in the example, 59.946, can loan must report the same ULI that pursuant to the law of a state other than be reached only by multiplying by 97, previously was assigned or reported. New York and is not an extension of Additionally, the Bureau proposes to 52 12 U.S.C. 2803(b)(6)(G). add language to comment 4(a)(1)(i)–3 to 51 80 FR 66128, 66143 (Oct. 28, 2015), n. 113. 53 12 CFR 1003.4(a)(1)(i)(C). illustrate a situation where a covered

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loan was not assigned a ULI by the loans which are insured under Title II each loan file to determine whether a financial institution that originated the of the National Housing Act or under loan is a refinancing or a cash-out loan because, for example, the loan was Title V of the Housing Act of 1949 or refinancing under revised § 1003.4(a)(3). originated prior to January 1, 2018 or which are guaranteed under chapter 37 The Bureau does not intend to impose that financial institution was not of Title 38.’’ Current § 1003.4(a)(2) such a burden on financial institutions required to report under Regulation C. implements this requirement by that purchase loans originated prior to Similarly, the Bureau proposes to requiring financial institutions to report January 1, 2018. To facilitate amend comment 4(a)(1)(i)–4 to remove the type of loan or application. In the compliance with the new reporting the references to § 1003.5(a)(1)(ii) in the Final Rule, the Bureau revised requirements in revised § 1003.4(a)(3), comment’s illustrative examples and to § 1003.4(a)(2) to require financial the Bureau proposes to add new discuss in the examples a financial institutions to report whether the comment 4(a)(3)–6 to provide that for institution’s annual data submission covered loan is, or in the case of an purchased covered loans where the under current § 1003.5(a)(1) rather than application would have been, insured origination took place prior to January 1, its quarterly submission under by the Federal Housing Administration, 2018, a financial institution complies § 1003.5(a)(1)(ii). The Bureau proposes guaranteed by the Veterans with § 1003.4(a)(3) by reporting that the to remove the first sentence of comment Administration, or guaranteed by the requirement is not applicable. The 4(a)(1)(i)–4 regarding a financial Rural Housing Service or the Farm Bureau solicits comment on this institution using a ULI previously Service Agency. The Bureau adopted proposed amendment. reported during the same calendar year, new comment 4(a)(2)–1 to provide as such a situation would arise only further guidance. In finalizing revisions 4(a)(8) where a financial institution makes a to § 1003.4(a)(2), however, the Bureau 4(a)(8)(i) quarterly submission. The Bureau also included a legacy reference to the Revised § 1003.4(a)(8)(i) requires proposes to amend comment 4(a)(1)(i)– Veterans Administration rather than to financial institutions to report the action 4 to refer to an ‘‘origination’’ rather than the Department of Veterans Affairs, taken on covered loans and an ‘‘approved application,’’ and make which is the government agency that applications. Current comment 4(a)(8)– other minor, non-substantive changes to guarantees mortgage loans under 1 explains how to report the action improve clarity and remove unnecessary chapter 37 of Title 38. To correct this taken when a financial institution language. oversight, the Bureau proposes to makes a counteroffer to lend on terms Additionally, the Bureau proposes to substitute ‘‘Department of Veterans different from the applicant’s initial amend comments 4(a)(1)(i)–3 and –4 Affairs’’ for ‘‘Veterans Administration’’ request and the applicant does not effective January 1, 2020, to re- in § 1003.4(a)(2) and comment 4(a)(2)–1. incorporate the language of these The Bureau seeks comment on this accept the counteroffer or fails to comments as originally adopted, for the proposed amendment. respond, and comment 4(a)(8)(i)–9 as most part, in the Final Rule. As adopted by the Final Rule reiterates the discussed above, § 1003.5(a)(1)(i) and 4(a)(3) explanation with no substantive change. (ii) will be effective on January 1, 2019, Current § 1003.4(a)(3) requires Current comment 4(a)(8)–4 explains and January 1, 2020, respectively. The financial institutions to report the how to report the action taken when a Bureau believes it would be appropriate purpose of a covered loan or application financial institution provides a for comments 4(a)(1)(i)–3 and –4 to using the categories home purchase, conditional approval on the application reference these paragraphs once they home improvement, or refinancing. The for a covered loan. Comment 4(a)(8)(i)– become effective. Therefore, effective Bureau revised § 1003.4(a)(3) in the 13 as adopted by the Final Rule January 1, 2020, proposed comments Final Rule to add an ‘‘other’’ category, expanded the guidance of current 4(a)(1)(i)–3 and –4 would include the a cash-out refinancing category, and to comment 4(a)(8)–4, addressing many references and explanations regarding a make changes to the commentary to more scenarios in which a conditional financial institution’s annual implement these additional categories approval occurs. The Bureau proposes submission pursuant to § 1003.5(a)(1)(i) and provide instructions for reporting to clarify the guidance on reporting and a financial institution’s quarterly covered loans with multiple purposes. action taken for counteroffers and its submission pursuant to The Bureau proposes to add proposed relation to the guidance on reporting § 1003.5(a)(1)(ii), as adopted by the comment 4(a)(3)–6 to clarify the action taken on conditional approvals. Final Rule. The proposal would reporting requirements under revised The Bureau recognizes that revised generally retain the clarifications to § 1003.4(a)(3) for purchased covered comments 4(a)(8)(i)–9 and 4(a)(8)(i)–13 comments 4(a)(1)(i)–3 and –4 that the loans originated prior to January 1, may be read as in tension regarding how Bureau proposes to adopt effective 2018. to report the action taken on an January 1, 2018, but would remove the In light of the new loan purpose application for which a counteroffer is proposed reference to the annual loan/ categories that differentiate cash-out made, the applicant expresses interest application register submitted pursuant refinancings from refinancings generally in the new terms, and the financial to current § 1003.5(a)(1). Additionally, and the revised guidance on reporting institution provides a conditional the proposal would include certain covered loans with multiple purposes, approval to which the applicant does additional non-substantive clarifications the Bureau believes that, for purchased not respond or which otherwise does to the illustrative examples in comment covered loans originated prior to not result in an originated loan. 4(a)(1)(i)–3. January 1, 2018, the effective date of the Comment 4(a)(8)(i)–9 can be read to The Bureau solicits comment on the revised reporting requirements in require the financial institution to report proposed amendments to appendix C § 1003.4(a)(3), determining the the action taken as a denial on the and to the commentary. reportable loan purpose as required original loan terms applied for, while under the Final Rule may present comment 4(a)(8)(i)–13 can be read to 4(a)(2) significant challenges. For example, the require the action taken to be reported HMDA section 304(b)(1) requires Bureau understands that under the Final as a denial, file closed for financial institutions to report ‘‘the Rule, the purchaser of such loans could incompleteness, approved but not number and dollar amount of mortgage need to conduct individual reviews of accepted, or application withdrawn,

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depending on the circumstances. In adopted by the Final Rule explains that 4(a)(10) addition, limiting the reportable actions this requirement is not applicable if the 4(a)(10)(ii) taken for counteroffers to only covered address of the property securing the loan originated or application denied covered loan is not known and provides Section 1003.4(a)(10)(ii) as adopted by may lead to less complete and accurate an example. The Bureau proposes the Final Rule requires that a financial reporting. certain non-substantive amendments to institution report the age of the applicant or borrower. Comment In addressing inquiries raising this comment 4(a)(9)(i)–3 to replace 4(a)(10)(ii)–3, as adopted by the Final concern, the Bureau has provided ‘‘indicate’’ with ‘‘reports’’ for Rule, contains a drafting error in informal guidance that a financial consistency with other comments institution should follow comment providing guidance on treatment of providing similar guidance and solicits purchased loans that refers to reporting 4(a)(8)(i)–13 when an application for comment on the proposed revisions. which a counteroffer is made is income rather than age. The Bureau followed by a conditional approval that 4(a)(9)(ii) proposes to correct the drafting error in does not result in an originated loan. In comment 4(a)(10)(ii)–3 by replacing the accordance with this informal guidance, Current § 1003.4(a)(9) and term ‘‘income’’ with ‘‘age’’ to make clear and to address the need to provide a full § 1003.4(a)(9)(ii), as adopted by the that a financial institution complies range of options in reporting the action Final Rule, both require financial with § 1003.4(a)(10)(ii) by reporting that taken on an application when there is a institutions to report certain information the requirement is not applicable when counteroffer, the Bureau proposes to for certain transactions about the reporting a purchased loan for which amend the language of comment location of the property related to the the institution chooses not to report the 4(a)(8)(i)–9 to broaden the possible covered loan or application, including age of the applicant or borrower. The actions taken that may be reported by the State, county, and census tract.55 For Bureau solicits comment on this clarifying that if the applicant agrees to the reasons set forth below, the Bureau proposed correction. proceed with consideration of the proposes amendments to the 4(a)(10)(iii) financial institution’s counteroffer, the commentary to § 1003.4(a)(9)(ii)(A) counteroffer takes the place of the prior through (C) to provide guidance on what HMDA section 304(b)(4) requires the reporting of income level for borrowers application, and the financial institution a financial institution should report if it and applicants. Section 1003.4(a)(10) of reports the action taken on the has incomplete information about the the current rule requires a financial application under the terms of the location of the property when reporting institution to report the gross annual counteroffer. In addition, the Bureau an application. proposes to illustrate this interpretation income relied on in processing an A financial institution may have by providing an example in comment application. The Final Rule amended incomplete information about the 4(a)(8)(i)–9. The example would clarify that requirement, requiring in that if a financial institution makes a location of a property when it takes final § 1003.4(a)(10)(iii) that a financial counteroffer and the applicant agrees to action on an application in certain institution report the gross annual proceed with consideration of the situations. For example, an applicant income relied on in making the credit counteroffer, and the financial may not identify a specific property or decision or processing the application if 56 institution sends a conditional approval census tract, but may provide the a credit decision was not made. letter stating the terms of the financial institution with only the State Comment 4(a)(10)(iii)–4 adopted by the counteroffer, the financial institution and county where the applicant intends Final Rule explains that a financial reports the action taken on the to purchase a home before the financial institution does not include as income application in accordance with institution denies the application. amounts considered in making a credit decision based on factors that an comment 4(a)(8)(i)–13 regarding The Bureau proposes new comments institution relies on in addition to conditional approvals. The Bureau 4(a)(9)(ii)(A)–1, 4(a)(9)(ii)(B)–2, and solicits comment on the amended income, such as amounts derived from 4(a)(9)(ii)(C)–2 to clarify that the annuitization or depletion of an language and new example. financial institution reports that the In addition, the Bureau proposes a applicant’s remaining assets. property-location requirement, as The Bureau has become aware of technical correction to comment applicable, is not applicable when 4(a)(8)(i)–6, as adopted by the Final uncertainty among financial institutions reporting an application if the State, regarding how to determine which Rule, correcting a citation that was county, or census tract, respectively, is intended to reference Regulation B, 12 amounts are derived from annuitization not known before the application was CFR 1002.9(c)(1)(i). The citation reads, or depletion of an applicant’s remaining denied, withdrawn, or closed for ‘‘12 CFR 1002.9(c)(i).’’ This proposal assets. The use of the modifier incompleteness. The Bureau solicits would correct the typographical error by ‘‘remaining’’ in regard to the assets inserting the ‘‘(1)’’ paragraph comment on these proposed new referred to was meant to refer to assets designation missing from the citation. comments. that are not in actual distribution, but are remaining. In addition, the word 4(a)(9) 55 See § 1003.4(a)(9); 12 U.S.C. 2803(a)(2)(A). ‘‘derived’’ was meant to refer to the 4(a)(9)(i) Section 1003.4(a)(9) requires reporting of property underwriting method by which location information if the property securing the hypothetical (not actual) distributions Section 1003.4(a)(9)(i) as adopted by covered loan or in the case of an application are calculated from the amounts of the the Final Rule requires financial proposed to secure the covered loan is located in a MSA or Metropolitan Division(MD) in which the remaining assets. institutions to report the property financial institution has a home or branch office. In address of the property securing the addition, § 1003.4(e) requires banks and savings 56 Section 1003.4(a)(10)(iii) also excluded from covered loan or, in the case of an associations that are required to report data on the reporting of this data point covered loans and application, proposed to secure the small business, small farm, and community applications for which the credit decision did not 54 development lending under regulations that consider or would not have considered income. See covered loan. Comment 4(a)(9)(i)–3 as implement the Community Reinvestment Act to the commentary to § 1003.4(a)(10)(iii) for more collect the location of property located outside information and descriptions of different situations 54 See HMDA section 304(b)(6)(H), 12 U.S.C. MSAs and MDs in which the institution has a home in which the income reporting requirement is not 2803(b)(6)(H). or branch office or outside of any MSA. applicable.

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The Bureau proposes to clarify in 1003.4(a)(12)(ii) further explains that In light of the recent variability in the comment 4(a)(10)(iii)–4 that a financial the Bureau publishes APORs for a broad sources of survey data used to calculate institution does not include as income range of types of transactions in tables APORs and the Bureau’s resulting amounts considered in making a credit updated at least weekly, as well as the revisions to the methodology statement, decision based on factors that an methodology the Bureau uses to derive the Bureau proposes certain institution relies on in addition to these rates. As revised by the Final Rule, amendments to § 1003.4(a)(12)(ii). The income, such as amounts derived from § 1003.4(a)(12)(i) requires financial Bureau proposes to amend underwriting calculations of the institutions to report, for covered loans § 1003.4(a)(12)(ii) to remove the potential annuitization or depletion of subject to Regulation Z, 12 CFR part reference to ‘‘points,’’ as points are an applicant’s remaining assets. Actual 1026, other than assumptions, accounted for in ‘‘other loan pricing distributions from retirement accounts purchased covered loans, and reverse terms’’ and to explain that APOR is or other assets that are relied on by the mortgages, the difference between the derived from a set of creditors rather financial institution as income should covered loan’s APR and APOR for a than a representative sample of be reported as income. Because the comparable transaction as of the date creditors. The Bureau also proposes to determination of what to exclude the interest rate is set. In other words, amend § 1003.4(a)(12)(ii) to explain that depends on the underwriting method the Final Rule requires that rate spread the Bureau publishes tables of APORs the financial institution applies in be reported for most covered loans by transaction type at least weekly and making the credit decision, the subject to Regulation Z, 12 CFR part also publishes the methodology it uses proposed clarification should facilitate 1026, and not just certain loans that are to derive these rates. The Bureau will implementation of the Final Rule.57 In considered higher-priced. For the still provide the public with its APOR addition, to avoid confusion and reasons set forth below, the Bureau calculation methodology statement, but facilitate compliance, the Bureau proposes certain amendments to believes that given the recent changes proposes to add language clarifying that § 1003.4(a)(12)(ii) and to the regarding the availability of survey data, the comment’s interpretation of income § 1003.4(a)(12) commentary adopted by providing additional flexibility in does not apply to § 1003.4(a)(23) as the Final Rule and proposes new § 1003.4(a)(12)(ii) regarding the adopted in the Final Rule, which comment 4(a)(12)–9 to address reporting calculation is advisable. requires, except for purchased covered requirements when corrected The Bureau proposes amendments to loans, the collection of the ratio of the disclosures are provided. revised comment 4(a)(12)–1 to conform applicant’s or borrower’s total monthly to the proposed amendments to Average Prime Offer Rate (APOR) debt to the total monthly income relied § 1003.4(a)(12)(ii). Proposed comment on in making the credit decision. The The Bureau calculates APORs on a 4(a)(12)–1 would explain that APORs Bureau solicits comment on proposed weekly basis according to a are APRs derived from average interest revisions to the commentary. methodology statement that is available rates and other loan pricing terms to the public and then posts the APORs offered to borrowers by a set of creditors 4(a)(12) on the FFIEC Web site. To calculate for mortgage loans that have low-risk HMDA section 304(b)(5)(B) requires APORs, survey data on four mortgage pricing characteristics. It would also financial institutions to report mortgage products are used and posted on the provide that other loan pricing terms loan information, grouped according to FFIEC Web site weekly: 30-year fixed may include commonly used indices, measurements of ‘‘the difference rate mortgage, 15-year fixed rate margins, and initial fixed-rate periods between the annual percentage rate mortgage, five-year variable rate for variable-rate transactions. Proposed associated with the loan and a mortgage, and one-year variable rate comment 4(a)(12)–1 would explain that benchmark rate or rates for all loans.’’ 58 mortgage. Currently, the FFIEC Web site relevant pricing characteristics may Current § 1003.4(a)(12)(i) requires provides both the methodology for include a consumer’s credit history and financial institutions to report, for calculating APORs and a description of transaction characteristics such as the originated loans subject to Regulation Z, the survey data used to calculate them. loan-to-value ratio, owner-occupant 12 CFR part 1026, the difference However, recent changes in the status, and purpose of the transaction, between a loan’s annual percentage rate marketplace have altered several times and that, to obtain APORs, the Bureau (APR) and the average prime offer rate the source of the survey data for the uses creditor data by transaction type. (APOR) for a comparable transaction, as one-year variable rate mortgage product Given the recent variability in the APOR of the date the interest rate is set, if the that the Bureau uses to calculate weekly source data discussed above, the difference equals or exceeds 1.5 APORs.59 To streamline how the Bureau proposal would remove other percentage points for first-lien loans, or provides notice of the sources of survey requirements for the source data. 3.5 percentage points for subordinate- data, the Bureau has announced that it Additionally, the Bureau proposes lien loans. Current § 1003.4(a)(12)(ii) will continue to post the survey data amendments to revised comment explains that the APOR is an annual and the source of the data used to 4(a)(12)–2. The Bureau proposes to percentage rate that is derived from calculate APORs on the FFIEC Web site amend comment 4(a)(12)–2 to explain average interest rates, points, and other every week but will no longer revise the that the Bureau publishes tables of loan pricing terms currently offered to methodology statement each time it is current and historic APORs by consumers by a representative sample of necessary to change the source of survey transaction type and its methodology creditors for mortgage loans that have data and has removed the references to statement on its Web site (http:// low-risk pricing characteristics. Section the sources of survey data from the www.consumerfinance.gov) in addition methodology statement.60 to the FFIEC Web site. Given the 57 Intermittent actual withdrawals from the Bureau’s role as processor of the HMDA remaining assets should not be reported if the 59 81 FR 64142 (Sept. 19, 2016); 81 FR 52831 data starting with data collected in financial institution does not consider them as (Aug. 10, 2016). 2017, the Bureau believes it would be income in its underwriting. 60 81 FR 64142 (Sept. 19, 2016). The source of appropriate for the Bureau to publish 58 Section 1094(3)(A)(iv) of the Dodd-Frank Act survey data used by the Bureau to calculate APORs amended HMDA by adding section 304(b)(5)(B), is currently available, however, on the FFIEC Web tables of current and historic APOR which expanded the rate spread reporting site, https://www.ffiec.gov/ratespread/ rates by transaction type and its requirement beyond higher-priced mortgage loans. mortgagerates.htm. methodology statement on its Web site

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in addition to the FFIEC Web site. The with a reference to Regulation Z § 1003.4(a)(12)(i) by relying on the APR Bureau also proposes to substitute the § 1026.6. The Bureau also proposes a as calculated and disclosed pursuant to term ‘‘creditor data’’ for ‘‘survey data,’’ technical correction to correct a Regulation Z § 1026.6. However, the consistent with the Bureau’s proposed typographical error and remove the Bureau is concerned that, in a situation amendment to comment 4(a)(12)–1, and unnecessary ‘‘credit’’ in the comment’s where an application or a preapproval to clarify that the Bureau may use other parenthetical explanation regarding request is approved but not accepted, sources of data to estimate APRs when open-end lines of credit. The Bureau the guidance provided in revised data are limited or not available. The seeks comment on these proposed comment 4(a)(12)–3 may not be Bureau seeks comment on these amendments. applicable because the transaction will proposed amendments. Rate-Set Date not be consummated or the account may Open-End Lines of Credit The Final Rule adopted new comment not be opened, as applicable. In such cases, the financial institution would The Final Rule revised comment 4(a)(12)–5 to clarify that the relevant provide the early disclosures at the time 4(a)(12)–3 to clarify that the date to use to determine the APOR for of application required under requirements of § 1003.4(a)(12)(i) refer a comparable transaction is the date on Regulation Z § 1026.18 or § 1026.37 (for to the covered loan’s APR. Revised which the covered loan’s interest rate closed-end mortgage loans) or § 1026.40 comment 4(a)(12)–3 further explains was set by the financial institution for that a financial institution complies the final time before closing or account (for open-end lines of credit) but could with § 1003.4(a)(12)(i) by relying on the opening. Comment 4(a)(12)–5 includes never provide subsequent disclosures APR for the covered loan, as calculated several illustrative examples. Comment prior to consummation or at the time of and disclosed pursuant to Regulation Z 4(a)(12)–5.iii explains that, when a account opening. § 1026.18 or 1026.38 (for closed-end financial institution has reporting Accordingly, the Bureau proposes to mortgage loans) or 1026.40 (for open- responsibility for an application for a amend comment 4(a)(12)–8 to clarify end lines of credit), as applicable. Thus, covered loan that it received from a reporting requirements where an for closed-end mortgage loans, the Final broker, as discussed in comment 4(a)–4 application or a preapproval request is Rule refers to the APR as calculated and (e.g., because the financial institution approved but not accepted and only the makes a credit decision prior to closing disclosed pursuant to Regulation Z early disclosures required under or account opening), the rate-set date is §§ 1026.18 and 1026.38, which set forth Regulation Z §§ 1026.18, 1026.37, or the last date the financial institution set requirements for the contents of the 1026.40, as applicable, are provided. disclosures that must be provided to the rate with the broker, not the date the broker set the borrower’s rate. In the The Bureau proposes to add language to consumers prior to consummation of comment 4(a)(12)–8 recognizing that, certain closed-end mortgage loans.61 Final Rule, the Bureau adopted proposed comment 4(a)–4, renumbered where an application or a preapproval However, for open-end lines of credit, request is approved but not accepted, the Final Rule refers to the APR as as comment 4(a)–2, to provide guidance on a financial institution’s reporting the financial institution would provide calculated and disclosed pursuant to early disclosures under Regulation Z Regulation Z § 1026.40, which sets forth responsibilities when a single transaction involves more than one § 1026.18 or § 1026.37 (for closed-end requirements regarding the disclosures mortgage loans) or § 1026.40 (for open- provided at the time an application is institution. However, the Bureau did not update comment 4(a)(12)–5.iii in the end lines of credit), but could never provided to the consumer. The Final Final Rule to reflect the renumbering of provide any subsequent disclosures. Rule does not refer to Regulation Z proposed comment 4(a)–4 as comment The Bureau proposes to clarify further § 1026.6, which sets forth the disclosure 4(a)–2. To correct this oversight, the that, in such cases where no subsequent requirements for open-end lines of Bureau proposes to amend comment credit at account opening. disclosures are provided, a financial 4(a)(12)–5.iii to replace the reference to The Bureau believes that referring to institution complies with comment 4(a)–4 with a reference to the APR as calculated and disclosed at § 1003.4(a)(12)(i) by relying on the APR comment 4(a)–2. The Bureau solicits the time of account opening for open- for the covered loan as calculated and comment on this proposed amendment. end lines of credit, rather than at the disclosed pursuant to Regulation Z time of application, would result in the Application or Preapproval Request § 1026.18 or § 1026.37 (for closed-end reporting of more useful data under Approved but Not Accepted mortgage loans) or § 1026.40 (for open- end lines of credit), as applicable. The § 1003.4(a)(12)(i) and would improve As adopted by the Final Rule, Bureau believes the proposal would consistency with the rate spread comment 4(a)(12)–8 explains that, in the clarify which APR a financial institution reporting requirements for closed-end case of an application approved but not mortgage loans. Accordingly, the Bureau accepted or a preapproval request that must rely on for purposes of complying proposes to amend revised comment was approved but not accepted, with § 1003.4(a)(12)(i) when an 4(a)(12)–3 to remove the reference to § 1003.4(a)(12) requires the financial application or a preapproval request is Regulation Z § 1026.40 and to replace it institution to report the applicable rate approved but not accepted and only the spread. As discussed above, revised early Regulation Z disclosures are 61 Regulation Z § 1026.19(a)(1)(i) requires the comment 4(a)(12)–3 clarifies that, for provided. In short, if disclosures were creditor to deliver or place in the mail good faith provided at consummation or account estimates of the disclosures required by § 1026.18 closed-end mortgage loans, a financial not later than the third business day after the institution complies with opening, the financial institution relies creditor receives the consumer’s written § 1003.4(a)(12)(i) by relying on the APR on those disclosures; if no such later application. Section 1026.19(a)(2)(i) requires the disclosures were provided because the creditor to deliver or place in the mail the for the covered loan as calculated and disclosures required by § 1026.19(a)(1)(i) not later disclosed pursuant to Regulation Z application or preapproval request was than the seventh business day before consummation § 1026.18 or § 1026.38. Additionally, the approved but not accepted, the financial of the transaction. If the APR disclosed under Bureau proposes to amend revised institution relies on the earlier § 1026.19(a)(1)(i) becomes inaccurate, as defined in disclosures provided at the application § 1026.22, § 1026.19(a)(2)(ii) provides that the comment 4(a)(12)–3 to clarify that, for creditor shall provide corrected disclosures no later open-end lines of credit, a financial stage. The Bureau seeks comment on than three business days before consummation. institution complies with this proposed clarification.

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Corrected Disclosures effect for a comparable transaction as of The Bureau has become aware that The Bureau proposes to add new the rate-set date. The comment would comments 4(a)(15)–2 and –3 may not comment 4(a)(12)–9 to provide guidance further clarify that this guidance applies explain clearly how to report the scoring in situations where a financial so long as the corrected disclosure was model for a composite credit score and institution provides a corrected provided to the borrower prior to the how to report a single credit score when disclosure under Regulation Z that end of the reporting period in which there are multiple applicants or reflects a corrected APR. The Final Rule final action is taken. It would explain borrowers. Consequently, the Bureau does not explain how a financial that for purposes of § 1003.4(a)(12), the proposes to amend comment 4(a)(15)–2 institution complies with date the corrected disclosure was to clarify that, when a financial § 1003.4(a)(12)(i) in such cases. provided to the borrower is the date institution uses more than one credit Specifically, the Final Rule does not disclosed pursuant to Regulation Z scoring model and combines the scores clarify whether a financial institution § 1026.38(a)(3)(i). Proposed comment into a composite credit score, the relies on the APR for the covered loan 4(a)(12)–9 would also explain that the financial institution should report that or application approved but not corrected disclosure does not affect the score and report that more than one accepted as initially calculated and rate-set date, and would include an credit scoring model was used. In disclosed, or whether a financial example illustrating how its guidance addition, the Bureau proposes to amend institution relies on the APR as applies in the case of a financial comment 4(a)(15)–3 to clarify that, in a transaction involving two or more calculated and disclosed pursuant to the institution’s annual loan/application applicants or borrowers for which the corrected disclosure. However, as register submission made pursuant to financial institution obtains or creates a adopted by the Final Rule, § 1003.5(a)(1). single credit score and relies on that §§ 1003.4(a)(17)(i) and 1003.4(a)(18) Additionally the Bureau proposes to credit score in making the credit through (20), which require reporting of amend proposed new comment decision for the transaction, the certain pricing data points as disclosed 4(a)(12)–9, effective January 1, 2020, to institution complies with § 1003.4(a)(15) on the Closing Disclosure pursuant to reflect the revised annual reporting by reporting that credit score for the Regulation Z § 1026.38, provide requirements in § 1003.5(a)(1)(i) and the applicant and reporting that the guidance regarding how a financial quarterly reporting requirements in requirement is not applicable for the institution complies with its reporting § 1003.5(a)(1)(ii). The Bureau proposes first co-applicant or, alternatively, by requirements when a revised pricing to amend the illustrative example in proposed new comment 4(a)(12)–9, reporting that credit score for the first data point is reflected on a revised co-applicant and reporting that the Closing Disclosure. The commentary to effective January 1, 2020, to remove the reference to current § 1003.5(a)(1). It requirement is not applicable for the §§ 1003.4(a)(17)(i) and 1003.4(a)(18) applicant. through (20) explains that, in general, if would instead provide illustrative the amount of the applicable pricing examples to demonstrate how a The Bureau solicits comment on the data point changes because a financial financial institution complies with proposed clarifications. institution provides a revised version of § 1003.4(a)(12)(i) when a corrected APR 4(a)(17) the disclosures required under is reflected on a corrected disclosure in Section 304(b)(5)(A) of HMDA 63 Regulation Z § 1026.19(f), pursuant to the case of an annual loan/application provides for reporting of ‘‘the total § 1026.19(f)(2), the financial institution register made pursuant to points and fees payable at origination in complies with the applicable reporting § 1003.5(a)(1)(i) and a quarterly loan/ connection with the mortgage as requirement by reporting the revised application register made pursuant to determined by the Bureau, taking into amount of the pricing data point, § 1003.5(a)(1)(ii). The Bureau solicits account 15 U.S.C. 1602(aa)(4).’’ 64 provided that the revised disclosure was comment on the proposed amendments. Section 1003.4(a)(17), as adopted by the provided to the borrower during the 4(a)(15) Final Rule, implements this provision same reporting period in which closing Section 1094(3)(A)(iv) of the Dodd- and provides that for covered loans occurred. subject to Regulation Z § 1026.43(c), a The Bureau believes similar Frank Act amended section 304(b) of financial institution shall report the commentary to § 1003.4(a)(12) would HMDA to require financial institutions amount of total loan costs, as disclosed address potential uncertainty regarding to report the credit scores of borrowers pursuant to Regulation Z § 1026.38(f)(4), the reporting requirements under and applicants, ‘‘in such form as the if a disclosure is provided for the § 1003.4(a)(12)(i) when a corrected Bureau may prescribe.’’ 62 Excluding covered loan pursuant to Regulation Z disclosure under Regulation Z is purchased covered loans, § 1003.4(a)(15), as adopted by the Final § 1026.19(f), or the total points and fees provided. Specifically, the Bureau charged in connection with the covered proposes to add new comment 4(a)(12)– Rule, requires that a financial institution report the credit score or scores relied 9 to explain that, in the case of an 63 Section 1094(3)(A)(iv) of the Dodd-Frank Act application approved but not accepted on in making the credit decision and the amended section 304(b) of HMDA to provide for the or a preapproval request that was name and version of the scoring model reporting of total points and fees. approved but not accepted, if the APR used to generate each credit score. 64 15 U.S.C. 1602(aa)(4) is part of the Truth in changes because a financial institution Comment 4(a)(15)–2, as adopted by the Lending Act. Prior to amendments made by the Dodd-Frank Act, that section generally defined provides a corrected version of the Final Rule, explains how to report the ‘‘points and fees’’ for the purpose of determining disclosures required under Regulation Z credit score and scoring model when whether a transaction was a high-cost mortgage. See § 1026.19(a), pursuant to § 1026.19(a)(2), there are multiple credit scores obtained 15 U.S.C. 1602(aa)(4). Section 1100A of the Dodd- or created by a financial institution. Frank Act redesignated subsection 1602(aa)(4) as under Regulation Z § 1026.19(f), subsection 1602(bb)(4), where it is currently pursuant to § 1026.19(f)(2), or under Comment 4(a)(15)–3, as adopted by the codified. In light of that redesignation, the Bureau Regulation Z § 1026.6(a), the financial Final Rule, explains how to report credit interprets HMDA section 304(b)(5)(A) as directing institution complies with scores when there are multiple it to take into account 15 U.S.C. 1602(bb)(4) and its applicants or borrowers. implementing regulations, as those provisions § 1003.4(a)(12)(i) by comparing the address ‘‘points and fees’’ and because current corrected and disclosed APR to the most subsection 1602(aa)(4) is no longer relevant to a recently available APOR that was in 62 12 U.S.C. 2803(b)(6)(I). determination regarding points and fees.

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loan, expressed in dollars and date the corrected disclosure was 4(a)(18) calculated pursuant to Regulation Z provided to the borrower is the date Pursuant to HMDA sections 305(a) § 1026.32(b)(1), if the covered loan is disclosed pursuant to Regulation Z and 304(b)(5)(D), in the Final Rule the not subject to the disclosure § 1026.38(a)(3)(i). The Bureau believes Bureau adopted § 1003.4(a)(18) to requirements in Regulation Z this amendment would facilitate require financial institutions to report, § 1026.19(f), and is not a purchased compliance by clarifying the date on for covered loans subject to the covered loan. Comment 4(a)(17)(i)–3, as which the corrected disclosure is disclosure requirements in Regulation Z adopted by the Final Rule, provides provided to the borrower for purposes of § 1026.19(f), the total of all itemized guidance in situations where a financial § 1003.4(a)(17)(i). The Bureau also amounts that are designated borrower- institution has provided a revised proposes to amend the comment to paid at or before closing, as disclosed Closing Disclosure with a new amount substitute ‘‘corrected’’ for ‘‘revised’’ to pursuant to § 1026.38(f)(1). Comment of total loan costs. The Bureau proposes reflect the language used in Regulation 4(a)(18)–3, adopted by the Final Rule, to amend comment 4(a)(17)(i)–3 to Z § 1026.19(f)(2), and to add additional provides guidance in situations where a reflect the different effective dates for clarifications that such corrected financial institution has issued a revised certain reporting requirements and to disclosures are provided ‘‘to the Closing Disclosure with a new amount make other minor clarifications. borrower.’’ Additionally, the Bureau Comment 4(a)(17)(i)–3 explains that, of total origination charges. For the if the amount of total loan costs changes proposes to amend comment 4(a)(17)(i)– same reasons set forth in the section-by- because a financial institution provides 3 to explain that a financial institution section analysis of § 1003.4(a)(17) above, a revised version of the disclosures complies with § 1003.4(a)(17)(i) by the Bureau proposes amendments to required under Regulation Z reporting the corrected amount, comment 4(a)(18)–3 to reflect the § 1026.19(f), pursuant to § 1026.19(f)(2), provided that the corrected disclosure different effective dates for certain the financial institution complies with was provided to the borrower prior to reporting requirements and to make § 1003.4(a)(17)(i) by reporting the the end of the reporting period in which other minor clarifications. The Bureau revised amount, provided that the final action is taken. The Bureau solicits comment on the proposed revised disclosure was provided to the believes that replacing ‘‘during the same amendments. borrower during the same reporting reporting period’’ with ‘‘prior to the end 4(a)(19) period in which closing occurred. The of the reporting period’’ would clarify comment includes an illustrative the reporting requirement when final Pursuant to HMDA sections 305(a) example that discusses a financial action is taken after the reporting period and 304(b)(5)(D), in the Final Rule the institution’s quarterly submission made in which the corrected disclosure is Bureau adopted § 1003.4(a)(19) to pursuant to § 1003.5(a)(1)(ii) and an provided to the borrower. The Bureau require financial institutions to report, explanation regarding what a financial believes that referring to the reporting for covered loans subject to the institution reports in its quarterly period in which final action is taken, disclosure requirements in Regulation Z submission when the corrected rather than when closing occurred, § 1026.19(f), the points paid to the disclosure is provided prior to the end would improve clarity and consistency creditor to reduce the interest rate, of the quarter in which closing occurred with the language used in Regulation C. expressed in dollars, as described in Regulation Z § 1026.37(f)(1)(i) and or after the quarter in which closing Additionally, the Bureau proposes occurred. However, § 1003.4(a)(17) and disclosed pursuant to § 1026.38(f)(1). certain amendments to proposed Comment 4(a)(19)–3, adopted by the its associated commentary will be comment 4(a)(17)(i)–3 effective January effective on January 1, 2018, while Final Rule, provides guidance in 1, 2020. Because § 1003.5(a)(1)(ii) takes situations where a financial institution § 1003.5(a)(1)(ii) will be effective on effect January 1, 2020, the Bureau January 1, 2020. The Bureau believes has issued a revised Closing Disclosure believes that, effective January 1, 2020, with a new amount of discount points. that comment 4(a)(17)(i)–3 should it would be appropriate to amend discuss only provisions of Regulation C For the same reasons set forth in the proposed comment 4(a)(17)(i)–3 to that will be effective on or before section-by-section analysis of incorporate the guidance and January 1, 2018, and should not refer to § 1003.4(a)(17) above, the Bureau illustrative example adopted by the provisions of the rule that become proposes amendments to comment Final Rule regarding a financial effective after the comment takes effect. 4(a)(19)–3 to reflect the different Accordingly, the Bureau proposes to institution’s quarterly submission under effective dates for certain reporting amend comment 4(a)(17)(i)–3 so that its § 1003.5(a)(1)(ii). The proposal generally requirements and to make other minor illustrative example refers to a financial would retain the clarifications to clarifications. The Bureau solicits institution’s annual loan/application comment 4(a)(17)(i)–3 that the Bureau comment on the proposed amendments. proposes to adopt effective January 1, register submission made pursuant to 4(a)(20) current § 1003.5(a)(1) instead of to its 2018, but would amend the illustrative quarterly submission made pursuant to example in proposed comment Pursuant to HMDA sections 305(a) § 1003.5(a)(1)(ii). The Bureau proposes 4(a)(17)(i)–3 regarding the annual loan/ and 304(b)(5)(D), in the Final Rule the to remove the language in comment application register to refer to Bureau adopted § 1003.4(a)(20) to 4(a)(17)(i)–3 regarding what a financial § 1003.5(a)(1)(i), which takes effect on require financial institutions to report, institution reports in its quarterly January 1, 2019. As discussed in the for covered loans subject to the submission when the corrected section-by-section analyses of disclosure requirements in Regulation Z disclosure is provided prior to the end §§ 1003.4(a)(18) through (20) below, the § 1026.19(f), the total amount of lender of the quarter in which closing occurred Bureau proposes parallel amendments credits, as disclosed pursuant to or after the quarter in which closing to comments 4(a)(18)–3, 4(a)(19)–3, and § 1026.38(h)(3). Comment 4(a)(20)–3, occurred. (4)(a)(20)–3, respectively, to address the adopted by the Final Rule, provides For additional clarity, the Bureau different effective dates for certain guidance in situations where a financial proposes to amend comment 4(a)(17)(i)– reporting requirements and to make institution has issued a revised Closing 3 to explain that for purposes of minor clarifications. The Bureau solicits Disclosure with a new amount of lender compliance with § 1003.4(a)(17)(i), the comment on the proposed amendments. credits. For the same reasons set forth in

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the section-by-section analysis of § 1026.19(e)(3)(iv) or (f)(2), as relied on in making the credit decision. § 1003.4(a)(17) above, the Bureau applicable, the financial institution In the Final Rule, the Bureau proposes amendments to comment complies with § 1003.4(a)(21) by inadvertently omitted language in 4(a)(20)–3 to reflect the different reporting the interest rate on the revised comment 4(a)(24)–2 regarding ‘‘the ratio effective dates for certain reporting or corrected disclosure, provided that of’’ in the discussion of the CLTV ratio requirements and to make other minor the revised or corrected disclosure was reporting requirement. To correct this clarifications. The Bureau solicits provided to the borrower prior to the omission, the Bureau proposes a comment on the proposed amendments. end of the reporting period in which technical correction to comment final action is taken. The comment 4(a)(24)–2. The comment would explain 4(a)(21) would also explain that for purposes of that a financial institution relies on the Pursuant to HMDA sections 305(a) § 1003.4(a)(21), the date the revised or ratio of the total amount of debt secured and 304(b)(6)(J), the Bureau adopted corrected disclosure was provided to the by the property to the value of the § 1003.4(a)(21) in the Final Rule to borrower is the date disclosed pursuant property in making the credit decision require financial institutions to report to Regulation Z § 1026.37(a)(4) or if the CLTV ratio was a factor in the the interest rate applicable to the § 1026.38(a)(3)(i), as applicable. credit decision even if it was not a approved application or to the covered Additionally, because § 1003.4(a)(21) dispositive factor. loan at closing or account opening. applies to covered loans and approved Additionally, the Bureau understands Comment 4(a)(21)–1 clarifies the applications, the Bureau proposes to that there may be uncertainty regarding interest rate that financial institutions clarify in comment 4(a)(21)–1 that the the value of the property to be used in must report for covered loans or guidance regarding the reporting the CLTV ratio calculation. Section applications subject to the disclosure requirements when disclosures are 1003.4(a)(24) requires reporting of the requirements of Regulation Z provided pursuant to both § 1026.19(e) ratio of the total amount of debt secured § 1026.19(e) or (f). For the reasons set and (f) applies to both covered loans by the property to the value of the forth below, the Bureau proposes certain and approved applications. To improve property relied on in making the credit amendments to comment 4(a)(21)–1. clarity, the Bureau also proposes to decision. Section 1003.4(a)(24) does not Comment 4(a)(21)–1 explains that amend comment 4(a)(21)–1 to refer to require a specific method of calculating § 1003.4(a)(21) requires a financial the integrated mortgage disclosure the CLTV ratio. In contrast to certain institution to identify the interest rate requirements of Regulation Z other data points adopted by the Final applicable to the approved application § 1026.19(e) and (f), rather than the Rule,65 the Bureau did not specify that or to the covered loan at closing or disclosure requirements of Regulation Z the CLTV ratio relates to the value of the account opening. In relevant part, § 1026.19(e) or (f). The Bureau solicits property securing the covered loan or to comment 4(a)(21)–1 also provides that, comment on the proposed amendments. the property identified in § 1003.4(a)(9). for covered loans or applications subject The Bureau did not intend to require to the disclosure requirements of 4(a)(24) that a specific property or properties be Regulation Z § 1026.19(e) or (f), a Pursuant to its authority under used in the CLTV ratio calculation. financial institution complies with sections 305(a) and 304(b)(6)(J) of Instead, a financial institution complies § 1003.4(a)(21) by reporting the interest HMDA, the Bureau adopted with § 1003.4(a)(24) by reporting the rate disclosed on the applicable § 1003.4(a)(24) in the Final Rule to CLTV ratio relied on in making the disclosure. It explains that, for covered require, except for purchased covered credit decision, regardless of which loans for which disclosures were loans, financial institutions to report the property or properties it used in the provided pursuant to both § 1026.19(e) ratio of the total amount of debt secured CLTV ratio calculation. and (f), a financial institution reports by the property to the value of the To clarify further this intent, the the interest rate disclosed pursuant to property relied on in making the credit Bureau proposes to add new comment § 1026.19(f). Comment 4(a)(21)–1 does decision. The ratio of the total amount 4(a)(24)–6 to explain that a financial not address the interest rate that a of debt secured by the property to the institution reports the CLTV ratio relied financial institution must report when a value of the property relied on in on in making the credit decision, creditor provides a revised version of making the credit decision generally is regardless of which property or the disclosures required under referred to as the combined loan-to- properties it used in the CLTV ratio Regulation Z § 1026.19(e) or (f), as value (CLTV) ratio. The Bureau calculation. The proposed comment applicable. However, as discussed in the proposes a technical correction to would explain that the property used in section-by-section analyses of comment 4(a)(24)–2, adopted in the the CLTV calculation does not need to § 1003.4(a)(17) through (20) above, the Final Rule, and to add new comment be the property identified in Final Rule does provide guidance 4(a)(24)–6 to provide additional § 1003.4(a)(9) and may include more regarding the reporting requirements for guidance on the requirement to report than one property and non-real certain other pricing data points when the CLTV ratio relied on in making the property, and it would provide an a revised disclosure under Regulation Z credit decision. illustrative example. Proposed comment § 1026.19(f) is provided. The Bureau Comment 4(a)(24)–2 explains that a 4(a)(24)–6 would also explain that believes similar commentary to financial institution relies on the total § 1003.4(a)(24) does not require a § 1003.4(a)(21) would clarify how a amount of debt secured by the property financial institution to use a particular financial institution complies with to the value of the property in making CLTV ratio calculation method but § 1003.4(a)(21) when a revised the credit decision if the CLTV ratio was disclosure is provided. a factor in the credit decision even if it 65 For example, § 1003.4(a)(31) requires a Accordingly, the Bureau proposes to was not a dispositive factor, and it financial institution to report the number of individual dwelling units related to the property amend comment 4(a)(21)–1 to add provides an illustrative example. securing the covered loan or, in the case of an language explaining that, if a financial Section 1003.4(a)(24) requires, except application, proposed to secure the covered loan. institution provides a revised or for purchased covered loans, that a Comments 4(a)(29)–4 and 4(a)(30)–6 provide that a corrected version of the disclosures financial institution report the ratio of financial institution reports that the requirement is not applicable for a covered loan where the required under Regulation Z the total amount of debt secured by the dwelling related to the property identified in § 1026.19(e) or (f), pursuant to property to the value of the property § 1003.4(a)(9) is not a manufactured home.

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instead requires financial institutions to For the reasons explained above, the the Final Rule that were originated report the CLTV ratio relied on in Bureau proposes to add new comment before Regulation Z’s loan originator making the credit decision. The Bureau 4(a)(26)–5 to explain that, if a covered rules became effective on January 10, solicits comment on the proposed loan or application includes an 2014. As a result, the loan documents technical correction and clarification. introductory interest rate period may not include the NMLSR ID, even 4(a)(26) measured in a unit of time other than when the loan originator had been months, the financial institution assigned one and it must be reported HMDA section 304(b)(6)(B), as complies with § 1003.4(a)(26) by according to the interpretation in amended by the Dodd-Frank Act, reporting the introductory interest rate comment 4(a)(34)–2. In such a requires the reporting of the actual or period for the covered loan or circumstance, it may impose proposed term in months of any application using an equivalent number introductory period after which the rate considerable challenges to require of whole months without regard for any purchasers to acquire this information. of interest may change.66 The Bureau remainder, and the proposed comment implemented HMDA section In addition, the Bureau believes that the would provide an illustrative example. number of reportable loans purchased 304(b)(6)(B) in the Final Rule by Proposed comment 4(a)(26)–5 would adopting § 1003.4(a)(26) to require that after January 1, 2018, that were also explain that the financial originated before January 10, 2014, will financial institutions collect and report institution must report one month for be relatively small and will diminish data on the number of months, or any introductory interest rate period over time. Therefore, the Bureau proposed number of months in the case that totals less than one whole month. proposes a transitional rule in new of an application, until the first date the The Bureau solicits comment on this interest rate may change after closing or proposed clarification. comment 4(a)(34)–4. The comment account opening. For the reasons would explain that if a financial explained below, the Bureau proposes 4(a)(34) institution purchases a covered loan additional commentary to HMDA section 304(b)(6)(F) requires that satisfies the coverage criteria of § 1003.4(a)(26) to clarify reporting the reporting of, ‘‘as the Bureau may Regulation Z, 12 CFR 1026.36(g) and requirements for non-monthly determine to be appropriate, a unique that was originated prior to January 10, introductory interest rate periods. identifier that identifies the loan 2014, the financial institution complies The Bureau understands that there originator as set forth in’’ the SAFE with § 1003.4(a)(34) by reporting that may be uncertainty regarding how a Act.67 Section 1003.4(a)(34) as adopted the requirement is not applicable. financial institution complies with by the Final Rule implements this In addition, the loan documents for § 1003.4(a)(26) when an introductory provision by requiring the reporting of interest rate period is measured in a purchased loans that are not covered by the unique identifier assigned to the the loan originator rules under time other than months, for example, in loan originator by the National Mortgage days or weeks. The commentary to Regulation Z may not include the Licensing System and Registry (NMLSR NMLSR ID either, even when the loan § 1003.4(a)(26) includes examples ID) for covered loans and applications, illustrating how a financial institution originator has been assigned an NMLSR including purchased loans. Comment ID and a later purchaser must report it complies with the requirement to report 4(a)(34)–2 as adopted by the Final Rule according to the interpretation in introductory interest rate periods explains that if a mortgage loan comment 4(a)(34)–2, as adopted by the calculated in whole months. The Bureau originator has been assigned an NMLSR Final Rule, if it is a covered loan (e.g., intended that a financial institution ID, a financial institution complies with a commercial purpose home purchase report whole months under § 1003.4(a)(34) by reporting the loan). For this reason, originators of § 1003.4(a)(26). However, the Final Rule mortgage loan originator’s NMLSR ID did not address how a financial regardless of whether the mortgage loan such covered loans will need to arrange institution complies with § 1003.4(a)(26) originator is required to obtain an to have the NMLSR ID available to when a covered loan or application NMLSR ID for the particular transaction preserve secondary market viability. includes a non-monthly introductory being reported by the financial The Bureau believes that it is interest rate period. In contrast, institution. appropriate to provide sufficient time § 1003.4(a)(25), adopted by the Final The preamble to the Final Rule for originators and purchasers to Rule to require financial institutions to explains that the Bureau believed that develop processes that will ensure report the loan term, does include reporting the NMLSR ID would impose compliance in this situation. Therefore, commentary clarifying the treatment of little to no ongoing cost for financial the Bureau proposes a second non-monthly repayment periods. institutions because the information is transitional rule in new comment Specifically, comment 4(a)(25)–2 required to be provided on certain loan 4(a)(34)–4. The comment would explain clarifies that, when a covered loan or documents pursuant to Regulation Z’s that if a financial institution purchases application includes a schedule with loan originator rules.68 However, the a covered loan that does not satisfy the repayment periods measured in a unit of Bureau has become aware that financial coverage criteria of Regulation Z, 12 time other than months, the financial institutions reporting covered loans that CFR 1026.36(g) and that was originated institution complies with § 1003.4(a)(25) they purchase may sometimes have prior to January 1, 2018, the financial by reporting the covered loan or difficulty reporting this information institution complies with § 1003.4(a)(34) application term using an equivalent because the NMLSR ID may not be by reporting that the requirement is not number of whole months without regard listed on the loan documents of applicable. for any remainder. The Bureau believes purchased loans. Purchasers of covered a similar explanation in the commentary Proposed comment 4(a)(34)–4 would loans have pointed out that they may also make clear that purchasers of the to § 1003.4(a)(26) regarding non- purchase loans after the effective date of monthly introductory interest rate loans exempted by the transitional rules discussed above may, however, report periods would be helpful. 67 Dodd-Frank Act section 1094(3)(A)(iv), 12 U.S.C. 2803(b)(6)(F). the NMLSR ID voluntarily. The Bureau 66 Dodd-Frank Act section 1094(3)(A)(iv); 12 68 80 FR 66128, 66231 (Oct. 28, 2015). See solicits comment on the proposed U.S.C. 2803(b)(6)(B). Regulation Z, § 1026.36(g). transitional rules.

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4(a)(35) financial institutions uses the AUS to electronic tool continues to be an AUS evaluate an application. for purposes of Regulation C even if the In the Final Rule, pursuant to its To address these uncertainties, the person is no longer securitizing, authority under sections 305(a) and Bureau proposes certain amendments to insuring, or guaranteeing closed-end 304(b)(6)(J) of HMDA, the Bureau § 1003.4(a)(35)(ii). Proposed mortgage loans or open-end lines of adopted § 1003.4(a)(35)(i) to require a § 1003.4(a)(35)(ii) would explain that, credit at the time the AUS is used by a financial institution to report, except for for purposes of § 1003.4(a)(35), an financial institution to evaluate an purchased covered loans, the name of ‘‘automated underwriting system’’ application. Given the value of AUS the automated underwriting system means an electronic tool developed by data in furthering HMDA’s purposes, (AUS) it used to evaluate the a securitizer, Federal government the Bureau believes this proposed application and the result generated by insurer, or Federal government clarification is important to ensuring the that AUS. As adopted by the Final Rule, guarantor of closed-end mortgage loans continued availability of reliable AUS § 1003.4(a)(35)(ii) provides that an AUS or open-end lines of credit that provides data regardless of potential changes in means an electronic tool developed by a result regarding the credit risk of the the marketplace that may affect a a securitizer, Federal government applicant and whether the covered loan person’s status as an active securitizer, insurer, or Federal government is eligible to be originated, purchased, Federal government insurer, or Federal guarantor that provides a result insured, or guaranteed by that government guarantor of closed-end regarding the credit risk of the applicant securitizer, Federal government insurer, mortgage loans or open-end lines of and whether the covered loan is eligible or Federal government guarantor. The credit. to be originated, purchased, insured, or Bureau believes it may be appropriate to The Bureau also believes it could be guaranteed by that securitizer, Federal clarify that the definition of AUS is less challenging for a financial government insurer, or Federal limited to an electronic tool developed institution to make a one-time government guarantor. For the reasons by a securitizer, Federal government affirmative determination that the set forth below, the Bureau proposes to insurer, or Federal government person that developed the electronic amend § 1003.4(a)(35)(ii) and comment guarantor of closed-end mortgage loans tool it is using to evaluate an 4(a)(35)–2, as adopted by the Final Rule, or open-end lines of credit because application has ever been a securitizer, and to add comment 4(a)(35)–7. information related to closed-end Federal government insurer, or Federal mortgage loans or open-end lines of government guarantor of closed-end The Bureau understands there may be credit is reportable under HMDA. The mortgage loans or open-end lines of uncertainty regarding the definition of Bureau believes the results from the credit, respectively, than to determine if AUS adopted by § 1003.4(a)(35)(ii). electronic tools developed by these the developer is an active securitizer, Specifically, § 1003.4(a)(35)(ii) does not persons may provide more useful AUS Federal government insurer, or Federal explain what type of product a person data to further HMDA’s purposes than, government guarantor at any given point must be securitizing, insuring, or for example, the results from an in time. As discussed in more detail guaranteeing to be considered a electronic tool developed by a below, the Bureau proposes new securitizer, Federal government insurer, securitizer of only non-dwelling secured comment 4(a)(35)–7 to provide guidance or Federal government guarantor for assets. on a financial institution’s purposes of the AUS definition. The Additionally, the Bureau proposes to determination of whether the developer Bureau recognizes that the Final Rule amend § 1003.4(a)(35)(ii) to add an of the electronic tool it is using to could be read broadly, such that, for explanation that a person is a evaluate an application is a securitizer, example, a person securitizing only securitizer, Federal government insurer, Federal government insurer, or Federal non-dwelling secured assets could be or Federal government guarantor of government guarantor of closed-end considered a securitizer for purposes of closed-end mortgage loans or open-end mortgage loans or open-end lines of § 1003.4(a)(35)(ii). Additionally, lines of credit, respectively, if it has ever credit. § 1003.4(a)(35)(ii) does not specify the securitized, provided Federal The Bureau proposes conforming timeframe relevant to the determination government insurance, or provided a amendments to comment 4(a)(35)–2 to of whether a person is considered a Federal government guarantee for a reflect the proposed amendments to securitizer, Federal government insurer, closed-end mortgage loan or open-end § 1003.4(a)(35)(ii). Comment 4(a)(35)–2 or Federal government guarantor for line of credit. The Bureau believes this explains the definition of AUS and purposes of the AUS definition. The proposed language would clarify that a provides illustrative examples of the Bureau has received questions regarding person’s status as a securitizer, Federal reporting requirement. The proposal whether an electronic tool satisfies the government insurer, or Federal would amend comment 4(a)(35)–2 to AUS definition where it is developed by government guarantor of closed-end clarify that, to be covered by the AUS a securitizer, Federal government mortgage loans or open-end lines of definition in § 1003.4(a)(35)(ii), a system insurer, or Federal government credit for purposes of § 1003.4(a)(35)(ii) must be an electronic tool that has been guarantor and thus meets the definition is not dependent on its status as an developed by a securitizer, Federal of AUS, but the developer of the AUS active securitizer, Federal government government insurer, or a Federal is no longer an active securitizer, insurer, or Federal government government guarantor of closed-end Federal government insurer, or Federal guarantor of closed-end mortgage loans mortgage loans or open-end lines of government guarantor at the time a or open-end lines of credit at the time credit. The Bureau also proposes to financial institution uses the tool to a financial institution uses the AUS to explain in comment 4(a)(35)–2 that a evaluate an application. The Bureau is evaluate an application. Instead, if a person is a securitizer, Federal concerned that, without further person is or has been a securitizer, government insurer, or Federal clarification, the AUS reporting Federal government insurer, or Federal government guarantor of closed-end requirement could be interpreted as government guarantor of closed-end mortgage loans or open-end lines of applying only when the developer of the mortgage loans or open-end lines of credit, respectively, if it has securitized, AUS is an active securitizer, Federal credit at any time and it develops an provided Federal government insurance, government insurer, or Federal electronic tool that meets the AUS or provided a Federal government government guarantor at the time a definition under § 1003.4(a)(35)(ii), that guarantee for a closed-end mortgage

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loan or open-end line of credit at any reasonably believe that the system it is institution must include in its point in time. The proposed comment using to evaluate an application is an submission. Specifically, would provide that a person may be a electronic tool that has been developed § 1003.5(a)(3)(ii) requires a financial securitizer, Federal government insurer, by a securitizer, Federal government institution to provide with its or Federal government guarantor of insurer, or Federal government submission the calendar year the data closed-end mortgage loans or open-end guarantor of closed-end mortgage loans submission covers pursuant to lines of credit, respectively, for or open-end lines of credit, the financial § 1003.5(a)(1)(i) or calendar quarter and purposes of § 1003.4(a)(35) even if it is institution complies with § 1003.4(a)(35) year the data submission covers not actively securitizing, insuring, or by reporting that the requirement is not pursuant to § 1003.5(a)(1)(ii). The guaranteeing closed-end mortgage loans applicable, provided that the financial Bureau proposes to amend or open-end lines of credit at the time institution maintains procedures § 1003.5(a)(3)(ii) to reflect the different a financial institution uses the system in reasonably adapted to determine effective dates for annual reporting question. Additionally, proposed whether the electronic tool it is using to requirements in § 1003.5(a)(1)(i) and comment 4(a)(35)–2 would clarify that evaluate an application meets the quarterly reporting requirements in where the person that developed the definition in § 1003.4(a)(35)(ii). The § 1003.5(a)(1)(ii) adopted by the Final electronic tool has never been a comment would explain that reasonably Rule. securitizer, Federal government insurer, adapted procedures include attempting The Bureau is concerned that or Federal government guarantor of to determine with reasonable frequency, § 1003.5(a)(3)(ii) references the new closed-end mortgage loans or open-end such as annually, whether the developer quarterly reporting requirements in lines of credit, respectively, at the time of the electronic tool is a securitizer, § 1003.5(a)(1)(ii) that will not yet be in a financial institution uses the tool to Federal government insurer, or Federal effect when § 1003.5(a)(3)(ii) takes effect evaluate an application, the financial government guarantor of closed-end on January 1, 2019. Although the institution complies with § 1003.4(a)(35) mortgage loans or open-end lines of revised annual reporting requirements by reporting that the requirement is not credit. Finally, the proposed comment adopted by § 1003.5(a)(1)(i) will be applicable since an AUS, as defined in would include illustrative examples effective on January 1, 2019, the new proposed § 1003.4(a)(35)(ii), was not demonstrating how a financial requirements for certain financial used to evaluate the application. institution complies with § 1003.4(a)(35) institutions to submit a quarterly loan/ The Bureau proposes new comment depending on whether or not it knows application register under 4(a)(35)–7 to add clarity regarding a or reasonably believes that the system it § 1003.5(a)(1)(ii) will not be effective financial institution’s determination of is using to evaluate an application is an until January 1, 2020. To address this whether the system it is using to electronic tool that has been developed misalignment, the Bureau proposes to evaluate an application is an electronic by a securitizer, Federal government amend § 1003.5(a)(3)(ii), effective tool developed by a securitizer, Federal insurer, or Federal government January 1, 2019, to remove the language government insurer, or Federal guarantor of closed-end mortgage loans regarding the calendar quarter and the government guarantor of closed-end or open-end lines of credit. The Bureau year the data submission covers mortgage loans or open-end lines of believes that proposed comment pursuant to § 1003.5(a)(1)(ii). Proposed credit. Proposed comment 4(a)(35)–7 4(a)(35)–7 would provide clarity § 1003.5(a)(3)(ii) would instead require would set forth the definition of AUS regarding how a financial institution only that a financial institution provide under proposed § 1003.4(a)(35)(ii). It determines its reporting requirement with its submission the calendar year would clarify that if a financial under § 1003.4(a)(35) and would the data submission covers pursuant to institution knows or reasonably believes facilitate HMDA compliance. § 1003.5(a)(1)(i). that the system it is using to evaluate an The Bureau solicits comment on these Additionally, the Bureau proposes to application is an electronic tool that has proposed amendments. The Bureau amend § 1003.5(a)(3)(ii), effective been developed by a securitizer, Federal seeks specific comment on the burden January 1, 2020, to incorporate the government insurer, or Federal associated with determining whether a language adopted by the Final Rule government guarantor of closed-end person has ever securitized, provided regarding the calendar quarter and the mortgage loans or open-end lines of Federal government insurance, or year the data submission covers credit, then the financial institution provided a Federal government pursuant to § 1003.5(a)(1)(ii). As complies with § 1003.4(a)(35) by guarantee for a closed-end mortgage discussed above, § 1003.5(a)(1)(ii) will reporting the name of that system and loan or open-end line of credit such that be effective on January 1, 2020. the result generated by that system. it is, under proposed § 1003.4(a)(35)(ii), Therefore, the Bureau proposes to Proposed comment 4(a)(35)–7 would a securitizer, Federal government amend § 1003.5(a)(3)(ii) as of that same explain that knowledge or reasonable insurer, or Federal government date to require a financial institution to belief could, for example, be based on guarantor of closed-end mortgage loans provide with its submission the a sales agreement or other related or open-end lines of credit, respectively. calendar year the data submission documents, the financial institution’s covers pursuant to § 1003.5(a)(1)(i) or previous transactions or relationship Section 1003.5 Disclosure and calendar quarter and year the data with the developer of the electronic Reporting submission covers pursuant to tool, or representations made by the 5(a) § 1003.5(a)(1)(ii). The Bureau solicits developer of the electronic tool 5(a)(3) comment on the proposed amendment. demonstrating that the developer of the electronic tool is a securitizer, Federal Pursuant to HMDA section 305(a), in Section 1003.6 Enforcement government insurer, or Federal the Final Rule the Bureau adopted 6(b) Bona fide errors government guarantor of closed-end § 1003.5(a)(3), effective January 1, 2019, mortgage loans or open-end lines of to require financial institutions to Current § 1003.6(b) provides that credit. provide their Legal Entity Identifier ‘‘bona fide errors’’ are not violations of Additionally, proposed comment (LEI) when reporting HMDA data and to HMDA and Regulation C and provides 4(a)(35)–7 would provide that if a set forth certain other requirements guidance about what qualifies as a bona financial institution does not know or regarding the information a financial fide error. Current § 1003.6(b)(2)

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provides that an incorrect entry for a would also explain that a census tract and applications.69 Current appendix B census tract number is deemed a bona error caused by a financial institution to Regulation C provides data collection fide error, and is not a violation of entering an inaccurate property address instructions and a sample data HMDA or Regulation C, if the financial into the Bureau’s geocoding tool is not collection form for use in collecting an institution maintains procedures excused as a bona fide error. The Bureau applicant’s or borrower’s information. In reasonably adapted to avoid such errors. also proposes to add in comment the Final Rule, the Bureau revised the For the reasons set forth below, the 6(b)–1 a cross reference to proposed ethnicity, race, and sex data collection Bureau proposes amendments to the comment 6(b)–2. The Bureau solicits requirements and instructions.70 Among commentary to current § 1003.6(b) to comment on these proposed other changes, revised appendix B clarify that incorrect entries reporting amendments to the commentary. requires financial institutions to collect the census tract number of a property disaggregated ethnic and racial are not a violation of the HMDA or 6(c) Quarterly Recording and Reporting categories beginning January 1, 2018. Regulation C, if the financial institution Currently, § 1003.6(b)(3) provides that For the reasons set forth below and to properly uses a geocoding tool made errors and omissions in data that a facilitate implementation, the Bureau available through the Bureau’s Web site financial institution records on its loan/ proposes certain amendments to the (the Bureau’s geocoding tool), the application register on a quarterly basis instructions and sample data collection financial institution enters an accurate as required under § 1003.4(a) are not form contained in revised appendix B. property address, and the tool provides a census tract number for the property violations of HMDA or Regulation C if Ethnicity and Race Subcategories the institution makes a good-faith effort address entered. Through outreach in support of Section 1003.4(a)(9)(ii)(C) requires to record all required data fully and accurately within thirty calendar days implementing the Final Rule, the financial institutions to report the Bureau was asked whether an applicant census tract of the property securing or, after the end of each calendar quarter and corrects or completes the data prior must select Hispanic or Latino in order in the case of an application, proposed to select one of the four ethnicity to secure the covered loan if the to reporting the data to its appropriate subcategories and about potential property is located in a MSA or MD in Federal agency. In the Final Rule, the inconsistencies between instructions 8 which the institution has a home or Bureau moved the substance of current and 9.i in revised appendix B, as branch office. In addition, § 1003.4(e) § 1003.6(b)(3) to new § 1003.6(c)(1) and adopted by the Final Rule. Instruction 8 requires banks and savings associations added new § 1003.6(c)(2) to provide that provides that financial institutions must that are required to report data on small a similar safe harbor applies to data report the ethnicity, race, and sex of an business, small farm, and community reported on a quarterly basis pursuant to applicant as provided by the applicant. development lending under regulations § 1003.5(a)(1)(ii). Pursuant to It provides the example that if an that implement the Community § 1003.6(c)(2), errors and omissions in applicant selects the Mexican Reinvestment Act to report the census the data submitted pursuant to tract of properties located outside MSAs § 1003.5(a)(1)(ii) will not be considered subcategory, the financial institution and MDs in which the institution has a HMDA or Regulation C violations reports Mexican for the ethnicity of the home or branch office or outside of any assuming the conditions that currently applicant. Instruction 9.i similarly MSA. provide a safe harbor for errors and provides that a financial institution To ease the burden associated with omissions in quarterly recorded data are must report each ethnicity category and reporting the census tract required by satisfied. In the Final Rule the Bureau subcategory selected by the applicant. Regulation C, the Bureau plans to make adopted an effective date of January 1, On the other hand, instruction 9.i also available on its Web site a geocoding 2019 for § 1003.6, and an effective date provides that, if an applicant selects tool to provide the census tract based on of January 1, 2020 for the quarterly Hispanic or Latino, the applicant may property addresses entered by users. reporting requirements in select up to four ethnicity subcategories. The Bureau proposes new comment § 1003.5(a)(1)(ii). To clarify the requirements, the 6(b)–2 to clarify that obtaining census The Bureau proposes to amend Bureau proposes to amend instructions tract information for covered loans and § 1003.6(c)(2) so that its effective date 8 and 9.i to provide that an applicant is applications from the Bureau’s aligns to the effective date for the not required to select an aggregate geocoding tool is an example of a quarterly reporting requirements in category as a precondition to selecting a procedure reasonably adapted to avoid § 1003.5(a)(1)(ii), for which subcategory. Specifically, the Bureau incorrect entries for a census tract § 1003.6(c)(2) provides a safe harbor. proposes to amend instruction 8 to number under current § 1003.6(b)(2). Accordingly, the Bureau proposes to provide that an applicant may select an The proposed comment would state that remove § 1003.6(c)(2) and to redesignate ethnicity or race subcategory even if the a census tract error is not a violation of § 1003.6(c)(1) as § 1003.6(c) effective applicant does not select an aggregate the HMDA or Regulation C if the January 1, 2019. The Bureau proposes to ethnicity or aggregate race category and financial institution obtained the census add § 1003.6(c)(2), as adopted by the to provide an example to facilitate tract number from the Bureau’s Final Rule, and to redesignate compliance. The example also clarifies geocoding tool if the financial § 1003.6(c) as § 1003.6(c)(1) effective that a financial institution should not institution used the tool appropriately. January 1, 2020. The Bureau solicits report an aggregate category if not The proposed comment would provide comment on this proposed amendment. selected by the applicant. The Bureau further that a financial institution’s also proposes to amend instruction 9.i failure to provide the required census Appendix B to Part 1003—Form and to remove language concerning the tract information for a covered loan or Instructions for Data Collection of selection of Hispanic or Latino as a application on its loan/application Ethnicity, Race, and Sex precondition to selecting the ethnicity register because the Bureau’s geocoding subcategories. tool did not provide a census tract for HMDA and Regulation C currently require financial institutions to collect the property address entered by the 69 12 U.S.C. 2803(b)(4); § 1003.4(a)(10). financial institution is not excused as a the ethnicity, race, and sex of an 70 Section 1003.4(a)(10)(i); comment 4(a)(10)(i); bona fide error. The proposed comment applicant or borrower for covered loans appendix B to part 1003.

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The Bureau believes the proposed standard subcategories. Rather, an selects both aggregate ethnicity revisions to instructions 8 and 9.i would applicant may select the Other Asian or categories and all four ethnicity add greater clarity and ensure that Other Pacific Islander subcategory, subcategories. The proposed revisions financial institutions report the provide a particular Other Asian or mirror the instructions for how to report ethnicity and race subcategories Other Pacific Islander subcategory, or do more than five aggregate race categories selected by the applicant (subject to the both. The Bureau also proposes to or race subcategories in instructions five-ethnicity and race maximums amend instruction 9.iv to provide an 9.iii. Specifically, the Bureau proposes discussed below). Consistent with the example. to revise instruction 9.i to provide that requirement in instruction 8 that a The Bureau believes the proposed a financial institution must report every financial institution report ethnicity and revisions would ensure that an aggregate ethnicity category selected by race as provided by the applicant, the applicant is given an opportunity to the applicant. The revised instruction Bureau believes that a financial provide an Other ethnicity or Other race would provide that a financial institution should provide applicants an subcategory not listed in the standard institution must also report every opportunity to select any of the subcategories without first having to ethnicity subcategory selected by the ethnicity and race categories and select the Other ethnicity or Other race applicant, except that a financial subcategories set forth in revised subcategory. The Bureau believes that institution must not report more than a appendix B. The Bureau solicits restricting when an applicant may total of five aggregate ethnicity comment on these proposed provide Other ethnicity or Other race categories and ethnicity subcategories clarifications to instructions 8 and 9.i. subcategories is inconsistent with combined. Other Ethnicity and Other Race instruction 8. The Bureau solicits The Bureau also proposes to make Subcategories comment on these proposed revisions to conforming amendments to instruction instructions 9.ii an 9.iv. 9.ii. The Bureau proposes to amend The Bureau is concerned that the instruction 9.ii to clarify that, if an conditional language in instructions 9.ii Five-Ethnicity Maximum applicant selects the Other Hispanic or and 9.iv may be interpreted as requiring Since issuing the Final Rule, the Latino subcategory and provides a an applicant to select the Other Bureau has received inquiries particular Hispanic or Latino ethnicity or Other race subcategories concerning how to report an applicant’s subcategory not listed in the standard (e.g., Other Hispanic or Latino or Other ethnicity if an applicant selects or subcategories, the financial institution Asian) before the applicant is permitted provides more than five ethnicity should count the information as one to provide a particular ethnicity or race designations. Instruction 9 requires a subcategory not listed in the standard selection for the purposes of reporting financial institution to offer an the five-ethnicity maximum. The subcategories. Instruction 9.ii provides applicant the option to select more than that, if an applicant selects the Other proposed revisions to instruction 9.ii one ethnicity or race. Instruction 9.i sets mirror the instructions for reporting the Hispanic or Latino ethnicity forth two aggregate ethnicity categories subcategory, the applicant may also Other race subcategories in instruction and four ethnicity subcategories that 9.iv. provide a particular Hispanic or Latino may be selected by an applicant (for a The Bureau seeks comment on these ethnicity not listed in the standard total of six categories and proposed revisions to instructions 9.i subcategories. Instruction 9.iv similarly subcategories). Instruction 9.i requires and 9.ii. provides that, if an applicant selects the that a financial institution report each Other Asian race subcategory or the aggregate ethnicity category and each Sample Data Collection Form Other Pacific Islander race subcategory, ethnicity subcategory selected by the The Bureau also proposes to make the applicant may also provide a applicant. As reflected in the filing several technical corrections to the particular Other Asian or Other Pacific instructions guide for HMDA data sample data collection form contained Islander race not listed in the standard collected in 2018 (FIG), however, a in revised appendix B, which is used for subcategories. financial institution may report up to the collection of ethnicity, race, and sex The Bureau proposes to amend only five ethnicity codes.71 In the Final information about the applicant or instruction 9.ii to clarify that an Rule, the Bureau set forth a five-race borrower. The sample data collection applicant may provide a particular maximum and related instructions for form provides instructions to the Hispanic or Latino ethnicity not listed reporting race categories and race in the standard subcategories, whether applicant concerning how to complete subcategories combined. Although the or not the applicant selects the Other the form. Among other instructions, the Bureau does not believe there will be Hispanic or Latino ethnicity form directs that an applicant may many instances in which an applicant subcategory. Specifically, the Bureau select one or more Hispanic or Latino will select all ethnicity categories and proposes to amend instruction 9.ii to origins and one or more designations for ethnicity subcategories, the absence of a provide that an applicant may select the race. The sample data collection form similar five-ethnicity maximum and Other Hispanic or Latino ethnicity also includes directions for the instructions in the Final Rule was an subcategory, an applicant may provide a applicant to ‘‘[c]heck one or more’’: The inadvertent oversight. first direction to check one or more particular Hispanic or Latino ethnicity Accordingly, the Bureau proposes to appears next to the Hispanic or Latino not listed in the standard subcategories, amend instruction 9.i to provide category, and the second direction to or an applicant may do both. The instructions to financial institutions on check one or more appears next to the Bureau also proposes to amend how to report ethnicity if an applicant instruction 9.ii to provide an example. ‘‘Race’’ heading of the form. Both Similarly, the Bureau proposes to 71 Consumer Fin. Prot. Bureau, Filing Instructions instructions to check one or more amend instruction 9.iv to clarify that an Guide for HMDA data collected in 2018, at 55, appear on only the side of the form applicant is not required to select the available at http://www.consumerfinance.gov/data- designated for collecting an applicant’s Other Asian or Other Pacific Islander research/hmda/static/for-filers/2018/2018-HMDA- information; those instructions do not FIG.pdf. The FIG is a compendium of resources subcategory in order to provide a created by the Bureau to help financial institutions appear on the side of the form particular Other Asian or Other Pacific file HMDA data collected in 2018 with the Bureau designated for the collection of a co- Islander subcategory not listed in the in 2019. applicant’s information.

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The Bureau proposes to amend the Frank Act amendments to HMDA.75 The would exist if the 2015 HMDA Final sample data collection form to clarify Final Rule modifies the types of Rule took effect absent the amendments that an applicant may select one or more institutions and transactions subject to in this proposed rule. In other words, aggregate ethnicity categories and Regulation C, the types of data that the potential benefits and costs of the ethnicity subcategories. Specifically, the institutions are required to collect, and provisions contained in this proposed Bureau proposes to revise the the processes for reporting and rule are evaluated relative to the state of instructions to provide that an applicant disclosing the required data. the world defined by the 2015 HMDA may select one or more designations for Since issuing the Final Rule, the Final Rule.77 ‘‘Ethnicity’’ and one or more Bureau has conducted outreach with The Bureau does not deem most of the designations for ‘‘Race.’’ The Bureau stakeholders, through participation in proposed amendments as substantive also proposes to move the instruction to conferences concerning the Final Rule, changes to the 2015 HMDA Final Rule. check one or more next to the communications with HMDA vendors, The amendments are largely ‘‘Ethnicity’’ heading, rather than next to and informal inquiries submitted by clarifications and technical corrections the Hispanic or Latino category. The financial institutions. As part of these that do not change the compliance Bureau believes these proposed efforts and through its own analysis of requirements of the Final Rule, but amendments clarify that an applicant the Final Rule, the Bureau has identified should reduce burden by avoiding may select multiple ethnicity categories, certain technical errors in the Final confusion on how to comply. Those few including both aggregate ethnicity Rule, ways to ease the burden of amendments that do make minor categories. The Bureau believes the reporting certain data requirements, and substantive changes would all reduce proposed amendment is consistent with clarifications of key terms that will burden on industry and have either a instruction 9 in revised appendix B, facilitate compliance with the Final positive or neutral effect on consumers. which provides that the applicant must Rule. This proposal addresses these To ease the burden associated with be offered the option of selecting more issues. obtaining certain information about than one ethnicity or race. In developing the proposed rule, the purchased loans, the proposal would Additionally, the Bureau proposes a Bureau has considered its potential establish certain transitional rules for 76 technical correction to the sample data benefits, costs, and impacts. The reporting purchased loans, allowing collection form to clarify that the same Bureau requests comment on the financial institutions to opt not to report instructions apply to both an applicant preliminary analysis presented below as the loan purpose if the financial and co-applicant. Specifically, the well as submissions of additional data institution is reporting a purchased Bureau proposes to also include the that could inform the Bureau’s analysis covered loan that was originated prior to ‘‘check one or more’’ instructions on the of the benefits, costs, and impacts. The January 1, 2018, and providing financial side of the form designated for the Bureau has consulted with, or offered to institutions with the option not to report consult with, the prudential regulators, the unique identifier for the loan collection of a co-applicant’s ethnicity the Securities and Exchange originator when reporting purchased and race information. Commission, the Department of Housing loans that were originated prior to The Bureau solicits comment on these and Urban Development, the Federal January 10th of 2014.78 proposed technical corrections to the Housing Finance Agency, the Federal The proposal also would make clear sample data collection form. Trade Commission, the Department of that financial institutions may VI. Section 1022(b)(2) of the Dodd- Veterans Affairs, the Department of voluntarily report open-end lines of Frank Act Agriculture, the Department of Justice, credit or closed-end mortgage loans even if the institution may exclude HMDA provides the public and public and the Department of the Treasury. This proposal would make those loans pursuant to the transactional officials with information to help amendments to Regulation C to make thresholds included in § 1003.3(c)(11) or determine whether financial institutions technical corrections and clarify certain (12) under the Final Rule. are serving the housing needs of the requirements under the Final Rule The proposal would provide communities in which they are located. amending Regulation C and assurances to financial institutions that It assists public officials in their implementing the Dodd-Frank Act obtain the census tract number from the determination of the distribution of amendments to HMDA, in October of forthcoming geocoding tool provided by public sector investments in a manner 2015. the Bureau, provided that the tool designed to improve the private In the 2015 HMDA Final Rule, the returned a census tract number for the 72 investment environment. It also assists Bureau conducted an in-depth Section address entered and that the financial in identifying possible discriminatory 1022(b)(2) analysis of the costs and institution entered an accurate property lending patterns and enforcing benefits of the Final Rule. The Bureau address into the tool. antidiscrimination statutes, which now chose a baseline for that analysis that The proposal would clarify certain are codified with HMDA’s other was the state of the world before the key terms, including temporary purposes in Regulation C.73 provisions of the Dodd-Frank Act that financing, automated underwriting In 2010, Congress enacted the Dodd- amended HMDA are implemented by an system, multifamily dwelling, extension Frank Act, which amended HMDA and amended Regulation C. The baseline for of credit, income, and mixed-use also transferred HMDA rulemaking the below analysis is the world that property. The proposal also would authority and other functions from the 74 Board to the Bureau. In October 2015, 75 October 2015 HMDA Final Rule, 80 FR 66128. 77 Because the analysis of the 2015 Final Rule the Bureau issued the 2015 HMDA Final 76 Specifically, section 1022(b)(2)(A) of the Dodd- reflected the Bureau’s intended transactional Rule which implemented the Dodd- Frank Act calls for the Bureau to consider the thresholds, rather than those created by the drafting potential benefits and costs of a regulation to error in §§ 1003.3(c)(11), (12), the baseline consumers and covered persons, including the incorporates this rulemaking’s proposed correction 72 HMDA section 302(b), 12 U.S.C. 2801(b); see potential reduction of access by consumers to of the error. also 12 CFR 1003.1(b)(1)(i) and (ii). consumer financial products or services; the impact 78 There is a third transitional rule that eases 73 54 FR 51356, 51357 (Dec. 15, 1989), codified on depository institutions and credit unions with NMLSR ID reporting requirements for purchases of at 12 CFR 1003.1(b)(1). $10 billion or less in total assets as described in commercial loans originated prior to January 1, 74 Public Law 111–203, 124 Stat. 1376, 1980, section 1026 of the Dodd-Frank Act; and the impact 2018, but it is expected to apply to only a very 2035–38, 2097–101 (2010). on consumers in rural areas. small number of loans.

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exclude preliminary transactions when Regulation Z’s requirement to Further, the Bureau generally believes associated with New York CEMAs, include the loan originator’s unique that the number of reportable loans which would reduce burden by identifier on loan documents went into purchased after January 1, 2018, that avoiding double reporting. effect. Thirdly, there is a transitional were originated before January 10, 2014, The proposal would correct a drafting rule that eases NMLSR ID reporting will be relatively small and will error and align the transactional requirements for purchases of diminish over time. Providing a thresholds included in § 1003.3(c)(11) commercial loans originated prior to transitional rule to exempt those eligible and (12) under the Final Rule with the January 1, 2018, but it is expected to purchased loans from NMLSR ID institutional coverage thresholds apply to only a very small number of reporting would reduce the ongoing included in § 1003.2(g). The proposal loans. reporting cost on those financial addresses certain technical aspects of The Bureau believes providing these institutions where the proposed change reporting, such as how the reporting options to financial institutions would is applicable. requirements for certain data points not add costs to financial institutions, Regarding benefits to consumers, the relate to disclosures required by the but rather would be burden reducing. Bureau expects the effects of the Bureau’s Regulation Z and how to Without such temporary relief, it would transitional rules for purchased loans to collect and report certain information be burdensome for financial institutions be small or nonexistent. HMDA about an applicant’s race and ethnicity. to obtain the relevant information on the reporting by purchasers does not The proposed rule also includes a loan purpose and NMLSR ID of the directly affect consumers. To the extent variety of minor changes and technical loans originated during the respective that the rules create cost reductions corrections. transitional periods. Specifically, each relative to the baseline established by The Bureau seeks comment on data of the proposed transitional rules would the 2015 HMDA Final rule, those that would help to quantify costs and remove one data point that is required reductions may be indirectly passed on benefits and any associated burden with to be reported for purchased loans that to consumers. Standard economic the proposed changes. Specifically, the were originated in a time period prior to theory predicts that in a market where Bureau is seeking information on the the January 1, 2018, effective date for financial institutions are profit projected number of loans that would be the reportable data points in the 2015 maximizers, the affected financial originated prior to January 1, 2018 and HMDA Final Rule. institutions would pass on to consumers then purchased by financial institutions The extent to which the proposed the cost saving per application or after January 1, 2018, and which would transition rules would reduce burden origination (i.e., the reduction in be required to be reported according to depends on the complexity of the marginal cost) and would retain the one- the 2015 HMDA Final Rule by HMDA financial institutions and the number of time cost saving and saving on fixed reporting years. Similarly, the Bureau is loans affected. In the 2015 HMDA Final costs of complying with the rule. Rule, the Bureau categorizes financial seeking information on the projected Allowing Voluntary Reporting for number of loans that would be institutions into 3 tiers: Low- complexity, moderate-complexity, and Financial Institutions When Below originated prior to January 10, 2014 and Loan-Volume Thresholds then purchased by financial institutions high-complexity. For each tier, the The proposal would clarify that after January 1, 2018, and which would Bureau produced a reasonable estimate financial institutions may voluntarily be required to be reported according to of the cost of compliance given the report open-end lines of credit or the 2015 HMDA Final Rule by HMDA limitations of the available data. The closed-end mortgage loans even if the reporting years. The Bureau is also Bureau believes most of the financial institution may exclude those loans seeking information on the projected institutions that purchase loans and are pursuant to the transactional thresholds numbers and characteristics of financial required to report under HMDA are in included in § 1003.3(c)(11) or (12) under institutions that would opt to report the high-complexity tier, some possibly the Final Rule. open-end lines of credit or closed-end could be in the moderate-complexity tier, but probably very few are in the This clarification recognizes that loans under HMDA even though they some financial institutions may prefer to would have fallen below the respective low-complexity category. The Bureau currently lacks data, report loans even if they fall under the loan-volume threshold. The Bureau is given the uncertainty of the market transactional thresholds in certain years. requesting any other data that would environment, to project the volume of Thus, the proposed rule provides assist in quantifying the costs and purchased loans that would be covered certain financial institutions an option. benefits of this proposal. under the proposed transitional rules Economic theory predicts that a firm B. Potential Benefits and Costs to after the 2015 HMDA Final Rule is will exercise an option when (and only Consumers and Covered Persons effective. The Bureau generally believes when) the firm benefits from doing so. that the number of reportable loans Thus, an option granted to a financial Transitional Rules on Purchased Loans purchased after January 1, 2018, that institution has no impact on those that Under the proposal, financial were originated before January 1, 2018, choose not to exercise the option, i.e., institutions can opt not to report the will be relatively large in the beginning they are no better or worse off than if loan purpose under § 1003.4(a)(3) if the of 2018 but will diminish over time. The the option had not been granted. financial institution is reporting a Bureau further understands that Financial institutions that choose to purchased covered loan that was typically there is some delay between exercise the option may incur benefits originated prior to January 1, 2018, the loan origination by small creditors and and costs but must benefit on net. effective date of the new data collection loan purchase by larger financial Regarding the option to report loans requirements included in the Final institutions. Providing a transitional voluntarily, the Bureau believes the Rule. The proposed rule would also rule to exempt these purchased loans financial institutions that are most provide financial institutions with the from loan purpose reporting would likely to exercise such options would be option not to report the unique therefore reduce the burden on those low-volume, low-complexity identifier for the loan originator when financial institutions. This would be institutions that have made a one-time reporting purchased loans that were particularly true during the first year or investment in HMDA reporting and originated prior to January of 2014, first few years after January 1, 2018. would like to utilize that reporting

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capacity, which is already in place. operational tasks. Specifically, the Rule: Researching questions and They would only do so if the defrayed Bureau believes this proposal would resolving question responses. one-time adjustment costs more than reduce the costs of financial institutions The Bureau believes that none of the offset the ongoing costs of reporting. on the following tasks: Completion of proposed clarifications and minor The Bureau believes such options geocoding data, standard annual edit changes in this proposal could add granted are burden reducing to financial and internal check, internal audit, additional costs to financial institutions. institutions. The Bureau seeks external audit, exam preparation and Most changes would have the potential comments on the data related to the exam assistance on the issues related to to reduce the ongoing operational costs potential number and characteristics of geocoding. It would do so by providing of HMDA reporting on some financial financial institutions that may be a safe harbor that would further institutions. The impact on consumers interested in opting into either closed- encourage financial institutions to use would also be small relative to the end or open-end voluntary HMDA the geocoding tool that the Bureau is baseline established by the 2015 HMDA reporting, even if they are not required developing and hence reducing the final rule. Consumers would benefit to to report under the Final Rule. burden on the institutions. The Bureau the extent to which financial Consumers may benefit from the also believes the financial institutions institutions pass on any cost savings to voluntary reporting clarification, to the that would most likely benefit more consumers. extent that low-volume, low-complexity from this proposal are low-complexity institutions achieve cost reductions and institutions that generally lack the C. Impact on Depository Institutions and pass them on to their customers. The resources to adopt commercially Credit Unions With No More Than $10 Bureau believes that such consumer available geocoding tools. Billion in Assets savings would likely be small. The Bureau believes that the lower The Bureau believes that some of the Consumers may also benefit if low- costs to using the Bureau’s geocoding proposed changes could benefit volume, low complexity institutions are tool and potentially increased reliance depository institutions and credit more willing to originate loans because on the Bureau’s geocoding tool will unions with no more than $10 billion, passing the thresholds will not cause have a small impact on consumers. as described in section 1026 of the increased burden due to the fact that the Consumers would benefit indirectly Dodd-Frank Act, in assets relatively institutions are already reporting HMDA from the geocoding safe harbor to the more than they benefit larger financial information. extent that low-complexity institutions institutions. For instance, the proposed Deem Census Tract Errors as Bona Fide pass on any cost savings. change allowing census tract errors to be Errors if the Bureau’s Geocoding Tool Is Clarifying Certain Key Terms and Other bona fide errors if a financial institution Used Minor Changes/Corrections chooses to use the Bureau’s geocoding The proposal would establish that a tool, as specified in the changes, would census tract error is a bona fide error The proposal would clarify certain mostly benefit financial institutions and not a violation of HMDA or key terms, including temporary with assets below $10 billion, because it Regulation C if the financial institution financing, automated underwriting would provide a safe harbor and further obtained the incorrect census tract system, multifamily dwelling, extension encourage smaller financial institutions number from the geocoding tool of credit, income, and mixed-use to use the geocoding tool that the provided by the Bureau, provided the property. The proposal also addresses Bureau is developing. These institutions financial institution used the tool certain technical aspects of reporting, are more likely than larger financial appropriately, the tool provided a such as how the reporting requirements institutions to use the Bureau’s census tract number for the property for certain data points relate to geocoding tools. Furthermore, the address entered, and the financial disclosures required by the Bureau’s Bureau believes that the proposed institution entered an accurate property Regulation Z and how to collect and clarification that financial institutions address into the tool. report certain information about an have the option to report open-end lines Geocoding is often regarded as a pain applicant’s race and ethnicity. The of credit or closed-end loans even if point for many financial institutions for proposed rule also includes a variety of they fall under the transactional HMDA reporting. In the impact analyses minor changes and technical threshold(s) would mostly benefit in the 2015 HMDA Final Rule, the corrections. financial institutions that have assets Bureau discussed implementing several These are all minor or clarifying below $10 billion. Financial institutions operational enhancements including changes that follow the meaning of the that are most likely to exercise such working to improve the geocoding Final Rule as issued, with the aim to options would be low-volume, low- process to reduce the burden on clarify certain terms and make certain complexity institutions that may have financial institutions. The Bureau technical corrections, including made a one-time investment in provided cost estimates on financial correcting certain drafting errors. The reporting infrastructure and would institutions with or without those Bureau believes none of these proposed prefer to utilize it even though the operational enhancements respectively. clarifications and technical corrections volatility in their loan production Therefore, compared to the baseline could impose additional burdens on volume may cause them to fall below established in the impact analyses in financial institutions. On the contrary, the relevant mandatory reporting 2015 HMDA Final Rule, this proposal is they have the potential to reduce threshold in certain years. As explained aligned with the operational reporting burdens on financial above, the Bureau believes such options enhancement already discussed in the institutions, as these proposals would granted would have to be burden Final Rule and goes even further by reduce potential confusion related to reducing to those small financial allowing more burden reduction for certain data points and transactions. In institutions in order for them to exercise financial institutions’ geocoding efforts. particular, the Bureau believes these the option(s). To the extent that the In the impact analyses of the 2015 proposals would help reduce the majority of such small financial HMDA Final Rule, the Bureau breaks ongoing costs associated with the institutions have $10 billion or less in down the typical HMDA operational following operational tasks that were assets, the proposed changes mentioned process of financial institutions into 18 first discussed in the 2015 HMDA Final above would create a disproportional

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benefit for covered persons in that asset economic rationale that a lender would Accordingly, the undersigned certifies category. only exercise the option(s) if the that this proposal, if adopted, would not The only proposals that could benefits of doing so outweigh the costs. have a significant economic impact on potentially benefit financial institutions The Bureau requests comment and data a substantial number of small entities. with assets over $10 billion relatively on the likelihood that smaller financial The Bureau requests comment on the more than financial institutions with institutions that may opt to report analysis above and requests any relevant assets below $10 billion are the HMDA information even though they data. transitional rules related to reporting may fall below transaction thresholds in VIII. Paperwork Reduction Act certain data points for purchased loans. certain years are relatively more likely Financial institutions with assets below to be located in rural areas. Under the Paperwork Reduction Act $10 billion that purchase loans would The Bureau also believes that it is of 1995 (PRA) (44 U.S.C. 3501 et seq.), also benefit from the transitional rules. possible that rural consumers may Federal agencies are generally required However, larger institutions will benefit benefit more than consumers in urban to seek the Office of Management and relatively more because they are more areas from the proposal to allow census Budget (OMB) approval for information likely to be purchasers of loans. tract errors be treated as bona fide errors collection requirements prior to For the reasons discussed above, the if the lender/HMDA reporter chooses to implementation. Under the PRA, the Bureau believes that no provision in this use the CFPB geocoding tool, as Bureau may not conduct or sponsor, proposed rule would add cost burdens specified in the proposal, because it is and, notwithstanding any other to financial institutions with assets commonly believed that properties provision of law, a person is not below $10 billion, and that any effects located in rural areas face more required to respond to an information would be burden reducing. geocoding challenges and this proposal collection unless the information D. Impact on Access to Credit alleviates some of that burden. The collection displays a valid control number assigned by OMB. The As discussed above, the Bureau Bureau requests comment and data on believes that none of the proposed whether properties located in rural areas information collection requirements changes in this proposal could add face more geocoding challenges and this contained in Regulation C have been additional costs to financial institutions. proposal alleviates some of that burden. previously approved by OMB and In addition, a reduction in ambiguity For the rest of the proposed changes, the assigned OMB control number 3170– regarding compliance with the law as Bureau believes in no event would 0008. You may access this information this proposal tries to achieve also financial institutions based in rural collection on www.reginfo.gov by reduces costs to financial institutions. areas and consumers face higher selecting ‘‘Information Collection Thus, all proposals would have burdens. Review’’ from the main menu, clicking on ‘‘Search,’’ and then entering the potential to reduce the operational costs VII. Regulatory Flexibility Act of HMDA reporting on certain financial OMB control number. institutions. Further, as discussed The Regulatory Flexibility Act (the The Bureau has determined that the above, standard economic theory RFA), as amended by the Small proposed rule would not impose any predicts that in a market where financial Business Regulatory Enforcement new recordkeeping, reporting, or institutions are profit maximizers, the Fairness Act of 1996, requires each disclosure requirements on members of affected financial institutions would agency to consider the potential impact the public that would constitute pass on to consumers the cost saving per of its regulations on small entities, collections of information requiring application or origination (i.e., the including small businesses, small approval under the PRA. reduction in marginal cost) and would governmental units, and small nonprofit The Bureau has a continuing interest retain the one-time cost saving and organizations. The RFA defines a ‘‘small in the public’s opinions regarding this saving on fixed costs of complying with business’’ as a business that meets the determination. At any time, comments the rule. Thus, the Bureau believes the size standard developed by the Small regarding this determination may be impacts of the proposed changes on Business Administration pursuant to the sent to: The Consumer Financial consumers’ access to credit would be Small Business Act. Protection Bureau (Attention: PRA neutral or beneficial (i.e., credit The RFA generally requires an agency Office), 1700 G Street NW., Washington, becomes more available or the cost of to conduct an initial regulatory DC 20552, or by email to CFPB_Public_ available credit falls). In no event would flexibility analysis (IRFA) and a final [email protected]. regulatory flexibility analysis (FRFA) of consumers experience reduced access to List of Subjects in 12 CFR Part 1003 credit. any rule subject to notice-and-comment rulemaking requirements, unless the Banks, Banking, Credit unions, E. Impact on Consumers in Rural Areas agency certifies that the rule will not Mortgages, National banks, Savings The Bureau believes that none of the have a significant economic impact on associations, Reporting and proposed changes is likely to have an a substantial number of small entities. recordkeeping requirements. adverse impact on consumers in rural In the absence of such a certification, areas. The Bureau believes it is possible the Bureau also is subject to certain Authority and Issuance that smaller financial institutions that additional procedures under the RFA For the reasons set forth above, the may opt to report HMDA information involving the convening of a panel to Bureau proposes to amend Regulation C, even though they may fall below consult with small business 12 CFR part 1003, as set forth below: transaction thresholds in certain years representatives prior to proposing a rule are relatively more likely to be located for which an IRFA is required. PART 1003—HOME MORTGAGE in rural areas. To the extent this As discussed above, the Bureau DISCLOSURE (REGULATION C) conjecture is true, financial institutions believes that none of the proposed and consumers in rural areas may changes would create a significant ■ 1. The authority citation for part 1003 benefit from the proposed clarification impact on any covered persons, continues to read as follows: of options allowing lenders to including small entities. Therefore, an Authority: 12 U.S.C. 2803, 2804, 2805, voluntarily report, based on the IRFA is not required for this proposal. 5512, 5581.

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[The following amendments would be Department of Veterans Affairs, or reports ‘‘Asian’’ for the race of the applicant. effective January 1, 2018, further guaranteed by the Rural Housing Only an applicant may self-identify as being amending the sections as amended Service or the Farm Service Agency. of a particular Hispanic or Latino subcategory (Mexican, Puerto Rican, Cuban, Other October 28, 2015, at 80 FR 66127.] * * * * * ■ Hispanic or Latino) or of a particular Asian 2. Section 1003.2 is further amended (12)(i) For covered loans subject to subcategory (Asian Indian, Chinese, Filipino, by revising paragraphs (g)(1)(v)(A) and Regulation Z, 12 CFR part 1026, other Japanese, Korean, Vietnamese, Other Asian) (g)(2)(ii)(A) to read as follows: than assumptions, purchased covered or of a particular Native Hawaiian or Other Pacific Islander subcategory (Native § 1003.2 Definitions. loans, and reverse mortgages, the difference between the covered loan’s Hawaiian, Guamanian or Chamorro, Samoan, * * * * * annual percentage rate and the average Other Pacific Islander) or of a particular American Indian or Alaska Native enrolled or (g) * * * prime offer rate for a comparable (1) * * * principal tribe. An applicant may select an transaction as of the date the interest ethnicity or race subcategory even if the * * * * * rate is set. applicant does not select an aggregate (v) * * * (ii) ‘‘Average prime offer rate’’ means ethnicity or aggregate race category. For (A) In each of the two preceding an annual percentage rate that is derived example, if an applicant selects only the calendar years, originated at least 25 from average interest rates and other ‘‘Mexican’’ box, the institution reports closed-end mortgage loans that are not loan pricing terms currently offered to ‘‘Mexican’’ for the ethnicity of the applicant excluded from this part pursuant to and should not also report ‘‘Hispanic or consumers by a set of creditors for Latino.’’ § 1003.3(c)(1) through (10) or (13); or mortgage loans that have low-risk (2) * * * 9. * * * pricing characteristics. The Bureau i. Ethnicity—Aggregate categories and (ii) * * * publishes tables of average prime offer subcategories. There are two aggregate (A) In each of the two preceding rates by transaction type at least weekly ethnicity categories: Hispanic or Latino; and calendar years, originated at least 25 and also publishes the methodology it Not Hispanic or Latino. The Hispanic or closed-end mortgage loans that are not uses to derive these rates. Latino category has four subcategories: excluded from this part pursuant to Mexican; Puerto Rican; Cuban; and Other * * * * * § 1003.3(c)(1) through (10) or (13); or Hispanic or Latino. You must report every (35)(i) Except for purchased covered aggregate ethnicity category selected by the * * * * * loans, the name of the automated applicant. If the applicant also selects one or ■ 3. Section 1003.3 is further amended underwriting system used by the more ethnicity subcategories, you must by revising paragraphs (3)(c)(11) and financial institution to evaluate the report each ethnicity subcategory selected by (12) and adding paragraph (3)(c)(13) to application and the result generated by the applicant, except that you must not read as follows: that automated underwriting system. report more than a total of five aggregate ethnicity categories and ethnicity § 1003.3 Exempt institutions and excluded (ii) For purposes of this paragraph subcategories combined. For example, if the transactions. (a)(35), an ‘‘automated underwriting applicant selects both aggregate ethnicity system’’ means an electronic tool * * * * * categories and also selects all four ethnicity (c) * * * developed by a securitizer, Federal subcategories, you must report Hispanic or (11) A closed-end mortgage loan, if government insurer, or Federal Latino, Not Hispanic or Latino, and any government guarantor of closed-end three, at your option, of the four ethnicity the financial institution originated fewer subcategories selected by the applicant. To than 25 closed-end mortgage loans in mortgage loans or open-end lines of credit that provides a result regarding determine how to report the Other Hispanic either of the two preceding calendar or Latino ethnicity subcategory for purposes years; the credit risk of the applicant and of the five-ethnicity maximum, see paragraph (12) An open-end line of credit, if the whether the covered loan is eligible to 9.ii below. financial institution originated fewer be originated, purchased, insured, or ii. Ethnicity—Other subcategories. An than 100 open-end lines of credit in guaranteed by that securitizer, Federal applicant may select the Other Hispanic or government insurer, or Federal Latino ethnicity subcategory, an applicant either of the two preceding calendar may provide a particular Hispanic or Latino years; or government guarantor. A person is a securitizer, Federal government insurer, ethnicity not listed in the standard (13) A transaction that provided or, in subcategories, or an applicant may do both. the case of an application, proposed to or Federal government guarantor of For example, if an applicant provides only provide new funds to the borrower in closed-end mortgage loans or open-end Dominican, you should report Dominican advance of being consolidated in a New lines of credit, respectively, if it has ever and should not also report Other Hispanic or York State consolidation, extension, and securitized, provided Federal Latino. If an applicant selects the Other modification agreement classified as a government insurance, or provided a Hispanic or Latino ethnicity subcategory and Federal government guarantee for a also provides a particular Hispanic or Latino supplemental mortgage under New York ethnicity not listed in the standard Tax Law section 255. The transaction is closed-end mortgage loan or open-end line of credit. subcategories, you must report both the excluded only if final action on the selection of Other Hispanic or Latino and the consolidation was taken in the same * * * * * additional information provided by the calendar year as final action on the new ■ 5. Appendix B to part 1003 is further applicant, subject to the five-ethnicity funds. amended by revising paragraphs 8, 9(i), maximum. In all such cases, for purposes of ■ 4. Section 1003.4 is further amended 9(ii), and 9(iv) and the Sample Data the maximum of five reportable ethnicity by revising paragraphs (4)(a)(2), Collection Form to read as follows: categories and ethnicity subcategories combined set forth in paragraph 9.i, the (4)(a)(12), and (4)(a)(35) to read as Appendix B to Part 1003—Form and Other Hispanic or Latino subcategory and follows: Instructions for Data Collection on additional information provided by the applicant together constitute only one § 1003.4 Compilation of reportable data. Ethnicity, Race, and Sex selection. For example, if the applicant (a) * * * * * * * * selects Other Hispanic or Latino and enters (2) Whether the covered loan is, or in 8. You must report the ethnicity, race, and ‘‘Dominican’’ in the space provided, Other the case of an application would have sex of an applicant as provided by the Hispanic or Latino and Dominican are been, insured by the Federal Housing applicant. For example, if an applicant considered one selection. Administration, guaranteed by the selects the ‘‘Asian’’ box the institution * * * * *

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iv. Race—Other subcategories. An Other Pacific Islander race not listed in the example offered in paragraph 9.iii above, if applicant may select the Other Asian race standard subcategories, you must report both the applicant also selected Other Asian and subcategory or the Other Pacific Islander race the selection of Other Asian or Other Pacific entered ‘‘Thai’’ in the space provided, Other subcategory, an applicant may provide a Islander, as applicable, and the additional Asian and Thai are considered one selection. particular Other Asian race or Other Pacific information provided by the applicant, You must report any two (at your option) of Islander race not listed in the standard subject to the five-race maximum. In all such subcategories, or an applicant may do both. cases, for purposes of the maximum of five the four race subcategories selected by the For example, if an applicant provides only reportable race categories and race applicant, Korean, Vietnamese, Other Asian- Hmong, you should report Hmong and subcategories combined set forth in Thai, and Samoan, in addition to the three should not also report Other Asian. If an paragraph 9.iii, the Other race subcategory aggregate race categories selected by the applicant selects the Other Asian race or the and additional information provided by the applicant. Other Pacific Islander race subcategory and applicant together constitute only one * * * * * provides a particular Other Asian race or selection. Thus, using the same facts in the

■ 6. Appendix C to part 1003 is further Appendix C to Part 1003—Procedures Generating a Check Digit amended by revising Step 3 of for Generating a Check Digit and * * * * * ‘‘Generating a Check Digit’’ and Step 3 Validating a ULI Step 3: Apply the mathematical function of the ‘‘Example’’ to ‘‘Generating a * * * * * mod = (n,97) where n = the number obtained Check Digit’’ to read as follows: in step 2 above and 97 is the divisor.

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Alternatively, to calculate without using ■ I. Under Paragraph 4(a)(10)(ii), Regulation C, assumptions include successor- the modulus operator, divide the numbers in paragraph 3 is revised. in-interest transactions, in which an step 2 above by 97. Truncate the remainder ■ J. Under Paragraph 4(a)(10)(iii), individual succeeds the prior owner as the to three digits and multiply it by 97. Round paragraph 4 is revised. property owner and then assumes the the result to the nearest whole number. ■ K. Under Paragraph 4(a)(12), existing debt secured by the property. Under * * * * * § 1003.2(d), assumptions are extensions of paragraphs 1, 2, 3, 5, and 8 are revised credit even if the new borrower merely Example and paragraph 9 is added. assumes the existing debt obligation and no ■ L. Under Paragraph 4(a)(15), * * * * * new debt obligation is created. See also Step 3: Apply the mathematical function paragraphs 2 and 3 are revised. comment 2(j)–5. ■ mod = (n,97) where n = the number obtained M. Under Paragraph 4(a)(17)(i), ii. New York State consolidation, in step 2 above and 97 is the divisor. The paragraph 3 is revised. extension, and modification agreements. A result is 60. ■ N. Under Paragraph 4(a)(18), transaction completed pursuant to a New Alternatively, to calculate without using paragraph 3 is revised. York State consolidation, extension, and modification agreement and classified as a the modulus operator, divide the numbers in ■ O. Under Paragraph 4(a)(19), supplemental mortgage under New York Tax step 2 above by 97. The result is 10426 paragraph 3 is revised. Law section 255, such that the borrower owes 17929129312294946332267952920. ■ P. Under Paragraph 4(a)(20), reduced or no mortgage recording taxes, is an 618556701030928. Truncate the remainder to paragraph 3 is revised. extension of credit under § 1003.2(d). three digits, which is .618, and multiply it by ■ Q. Under Paragraph 4(a)(21), Comments 2(i)–1, 2(j)–5, and 2(p)–2 clarify 97. The result is 59.946. Round this result to paragraph 1 is revised. whether such transactions are home the nearest whole number, which is 60. ■ R. Under Paragraph 4(a)(24), improvement loans, home purchase loans, or * * * * * paragraph 2 is revised and paragraph 6 refinancings, respectively. Section ■ 7. In Supplement I to Part 1003— is added. 1003.3(c)(13) provides an exclusion from the Official Interpretations: ■ S. Under Paragraph 4(a)(26), reporting requirement for a preliminary ■ a. Under Section 1003.2—Definitions: paragraph 5 is added. transaction providing new funds that has ■ i. Under 2(d) Closed-end mortgage ■ T. Under Paragraph 4(a)(34), been consolidated within the same calendar loan, paragraph 2 is revised. year into a supplemental mortgage under paragraph 4 is added. New York Tax Law section 255. See ■ ii. Under 2(f) Dwelling, paragraph 2 is ■ U. Under Paragraph 4(a)(35), revised. comment 3(c)(13)–1 for how to report a paragraph 2 is revised and paragraph 7 supplemental mortgage in this situation. ■ iii. Under 2(i) Home improvement is added. 2(f) Dwelling loan, paragraph 4 is revised. ■ d. Under Section 1003.6— ■ iv. Under 2(j) Home purchase loan, Enforcement: * * * * * paragraph 3 is revised. ■ i. Under 6(b) Bona Fide Errors, 2. Multifamily residential structures and ■ b. Under Section 1003.3—Exempt communities. A dwelling also includes a paragraph 1 is revised and paragraph 2 multifamily residential structure or institutions and excluded transactions: is added. ■ i. Under 3(c)(3) Excluded community such as an apartment, Supplement I to Part 1003—Official condominium, cooperative building or transactions: housing complex, or a manufactured home ■ Interpretations A. Under Paragraph 3(c)(3), paragraph community. A loan related to a manufactured 1 is revised and paragraph 2 is added. * * * * * home community is secured by a dwelling ■ B. Under Paragraph 3(c)(10), for purposes of § 1003.2(f) even if it is not paragraph 3 is revised. Section 1003.2—Definitions secured by any individual manufactured ■ C. Under Paragraph 3(c)(11), as added * * * * * homes, but only by the land that constitutes October 28, 215, at 80 FR 66127, 2(d) Closed-End Mortgage Loan the manufactured home community paragraph 1 is revised and paragraph 2 including sites for manufactured homes. * * * * * However, a loan related to a multifamily is added. 2. Extension of credit. Under § 1003.2(d), a ■ D. Under Paragraph 3(c)(12), residential structure or community that is not dwelling-secured loan is not a closed-end a manufactured home community is not paragraph 1 is revised and paragraph 2 mortgage loan unless it involves an extension secured by a dwelling for purposes of is added. of credit. For example, some transactions § 1003.2(f) if it is not secured by any ■ E. Heading Paragraph 3(c)(13) and completed pursuant to installment sales individual dwelling units and is, for paragraph 1 under that heading is contracts, such as some land contracts, example, instead secured only by property added. depending on the facts and circumstances that only includes common areas, or is ■ c. Under Section 1003.4—Compilation may or may not involve extensions of credit secured only by an assignment of rents or of Reportable Data: rendering the transactions closed-end dues. In addition, a loan secured by five or ■ i. Under 4(a) Data format and mortgage loans. In general, extension of more separate dwellings in more than one credit under § 1003.2(d) refers to the granting location is a loan secured by a multifamily itemization: of credit only pursuant to a new debt ■ A. Under Paragraph 4(a)(1)(i), dwelling. For example, assume a landlord obligation. Thus, except as described in uses a covered loan to improve five or more paragraphs 3 and 4 are revised. comments 2(d)–2.i and .ii, if a transaction rental property dwellings located in different ■ B. Under Paragraph 4(a)(2), paragraph modifies, renews, extends, or amends the parts of a town, and the loan is secured by 1 is revised. terms of an existing debt obligation, but the those properties. The loan should be reported ■ C. Under Paragraph 4(a)(3), paragraph existing debt obligation is not satisfied and as secured by a multifamily dwelling. 6 is added. replaced, the transaction is not a closed-end * * * * * ■ D. Under Paragraph 4(a)(8)(i), mortgage loan under § 1003.2(d) because paragraphs 6 and 9 are revised. there has been no new extension of credit. 2(i) Home Improvement Loan ■ E. Under Paragraph 4(a)(9)(i), The phrase extension of credit thus is * * * * * paragraph 3 is revised. defined differently under Regulation C than 4. Mixed-use property. A closed-end under Regulation B, 12 CFR part 1002. ■ F. Under Paragraph 4(a)(9)(ii)(A), mortgage loan or an open-end line of credit i. Assumptions. For purposes of Regulation to improve a multifamily dwelling used for paragraph 1 is revised. C, an assumption is a transaction in which residential and commercial purposes (for ■ G. Under Paragraph 4(a)(9)(ii)(B), an institution enters into a written agreement example, a building containing apartment paragraph 2 is revised. accepting a new borrower in place of an units and retail space), or the real property ■ H. Under Paragraph 4(a)(9)(ii)(c), existing borrower as the obligor on an on which such a dwelling is located, is a paragraph 2 is revised. existing debt obligation. For purposes of home improvement loan if the loan’s

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proceeds are used either to improve the thereof, is excluded as temporary financing financial institution in 2022 under entire property (for example, to replace the under § 1003.3(c)(3). § 1003.2(g) because it originated 200 open- heating system), or if the proceeds are used iv. Lender A extends credit to finance end lines of credit in 2020, 250 open-end primarily to improve the residential portion construction of a dwelling. The loan lines of credit in 2021, and met all of the of the property. An institution may use any automatically will convert to permanent other requirements under § 1003.2(g)(1). Also reasonable standard to determine the primary financing extended to the same borrower assume that the bank originated 10 and 20 use of the loan proceeds. An institution may with Lender A once the construction phase closed-end mortgage loans in 2020 and 2021, select the standard to apply on a case-by-case is complete. Under § 1003.3(c)(3), the loan is respectively. The open-end lines of credit basis. not designed to be replaced by separate that the bank originated or purchased, or for permanent financing extended to the same which it received applications, during 2022 * * * * * borrower and therefore the temporary are covered loans and must be reported, 2(j) Home Purchase Loan financing exclusion does not apply. See also unless they otherwise are excluded * * * * * comment 2(j)–3. transactions under § 1003.3(c). However, the 3. Construction and permanent financing. v. Lender A originates a loan with a nine- closed-end mortgage loans that the bank A home purchase loan includes both a month term to enable an investor to purchase originated or purchased, or for which it combined construction/permanent loan or a home, renovate it, and re-sell it before the received applications, during 2022 are line of credit, and the separate permanent term expires. Under § 1003.3(c)(3), the loan is excluded transactions under § 1003.3(c)(11) financing that replaces a construction-only not designed to be replaced by separate and need not be reported. See comments loan or line of credit for the same borrower permanent financing extended to the same 4(a)–2 through –4 for guidance about the at a later time. A home purchase loan does borrower and therefore the temporary activities that constitute an origination. not include a construction-only loan or line financing exclusion does not apply. Such a 2. Voluntary reporting. A financial transaction is not temporary financing under institution may voluntarily report closed-end of credit that is designed to be replaced by § 1003.3(c)(3) merely because its term is mortgage loans and applications for closed- separate permanent financing extended to the short. end mortgage loans that are excluded same borrower at a later time or that is 2. Loan or line of credit to construct a transactions because the financial institution extended to a person exclusively to construct dwelling for sale. A construction-only loan or originated fewer than 25 closed-end mortgage a dwelling for sale, which are excluded from line of credit is considered temporary loans in either of the two preceding calendar Regulation C as temporary financing under financing and excluded under § 1003.3(c)(3) years. § 1003.3(c)(3). Comments 3(c)(3)–1 and -2 if the loan or line of credit is extended to a provide additional details about transactions Paragraph 3(c)(12) person exclusively to construct a dwelling for that are excluded as temporary financing. sale. See comment 3(c)(3)–1.ii through .iv for 1. General. Section 1003.3(c)(12) provides that an open-end line of credit is an excluded * * * * * examples of the reporting requirement for transaction if a financial institution construction loans that are not extended to a Section 1003.3—Exempt Institutions and originated fewer than 100 open-end lines of person exclusively to construct a dwelling for Excluded Transactions credit in either of the two preceding calendar sale. * * * * * years. For example, assume that a bank is a * * * * * financial institution in 2022 under 3(c) Excluded Transactions Paragraph 3(c)(10) § 1003.2(g) because it originated 50 closed- * * * * * end mortgage loans in 2020, 75 closed-end * * * * * Paragraph 3(c)(3) mortgage loans in 2021, and met all of the 3. Examples—covered business- or other requirements under § 1003.2(g)(1). Also 1. Temporary financing. Section commercial-purpose transactions. The assume that the bank originated 75 and 85 1003.3(c)(3) provides that closed-end following are examples of closed-end open-end lines of credit in 2020 and 2021, mortgage loans or open-end lines of credit mortgage loans and open-end lines of credit respectively. The closed-end mortgage loans obtained for temporary financing are that are not excluded from reporting under that the bank originated or purchased, or for excluded transactions. Except as provided in § 1003.3(c)(10) because, although they which it received applications, during 2022 comment 3(c)(3)–2, a loan or line of credit is primarily are for a business or commercial are covered loans and must be reported, considered temporary financing and purpose, they also meet the definition of a unless they otherwise are excluded excluded under § 1003.3(c)(3) if the loan or home improvement loan under § 1003.2(i), a transactions under § 1003.3(c). However, the line of credit is designed to be replaced by home purchase loan under § 1003.2(j), or a open-end lines of credit that the bank separate permanent financing extended to the refinancing under § 1003.2(p): originated or purchased, or for which it same borrower at a later time. For example: i. A closed-end mortgage loan or an open- received applications, during 2022 are i. Lender A extends credit in the form of end line of credit to purchase or to improve excluded transactions under § 1003.3(c)(12) a bridge or swing loan to finance a borrower’s a multifamily dwelling or a single-family and need not be reported. See comments 4(a)- down payment on a home purchase. The investment property, or a refinancing of a 2 through -4 for guidance about the activities borrower pays off the bridge or swing loan closed-end mortgage loan or an open-end line that constitute an origination. with funds from the sale of his or her existing of credit secured by a multifamily dwelling 2. Voluntary reporting. A financial home and obtains permanent financing for or a single-family investment property; institution voluntarily may report open-end his or her new home from Lender A. The ii. A closed-end mortgage loan or an open- lines of credit and applications for open-end bridge or swing loan is excluded as end line of credit to improve a doctor’s office lines of credit that are excluded transactions temporary financing under § 1003.3(c)(3). or a daycare center that is located in a because the financial institution originated ii. Lender A extends credit to a borrower dwelling other than a multifamily dwelling; fewer than 100 open-end lines of credit in to finance construction of a dwelling. The and either of the two preceding calendar years. borrower will obtain a new extension of iii. A closed-end mortgage loan or an open- credit for permanent financing for the end line of credit to a corporation, if the Paragraph 3(c)(13) dwelling, either from Lender A or from funds from the loan or line of credit will be 1. New funds extended prior to another lender, and either through a used to purchase or to improve a dwelling, consolidation. Section 1003.3(c)(13) provides refinancing of the initial construction loan or or if the transaction is a refinancing. an exclusion from the reporting requirement a separate loan. The initial construction loan * * * * * for a transaction that provided or, in the case is excluded as temporary financing under of an application, proposed to provide new § 1003.3(c)(3). Paragraph 3(c)(11) funds to the borrower in advance of being iii. Assume the same scenario as in 1. General. Section 1003.3(c)(11) provides consolidated in a New York State comment 3(c)(3)–1.ii, except that the initial that a closed-end mortgage loan is an consolidation, extension, and modification construction loan is, or may be, renewed one excluded transaction if a financial institution agreement classified as a supplemental or more times before the separate permanent originated fewer than 25 closed-end mortgage mortgage under New York Tax Law section financing is obtained. The initial loans in either of the two preceding calendar 255 and for which final action is taken on construction loan, including any renewal years. For example, assume that a bank is a both transactions within the same calendar

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year. The excluded transaction provides or application under the original ULI in its order to originate the counteroffer. The proposes to provide funds that are not part annual 2020 data submission and an financial institution reports the action taken of any existing debt obligation of the origination with a different ULI in its annual on the application in accordance with borrower, and that are then consolidated or 2021 data submission, pursuant to comment 4(a)(8)(i)–13 regarding conditional proposed to be consolidated with an existing § 1003.5(a)(1). approvals. debt obligation or obligations as part of the * * * * * * * * * * supplemental mortgage. The new funds are reported only insofar as they form part of the Paragraph 4(a)(2) Paragraph 4(a)(9)(i) total amount of the reported New York State 1. Loan type—general. If a covered loan is * * * * * consolidation, extension, and modification not, or in the case of an application would 3. Property address—not applicable. A agreement, and not as a separate amount. The not have been, insured by the Federal financial institution complies with exclusion does not apply to similar Housing Administration, guaranteed by the § 1003.4(a)(9)(i) by reporting that the preliminary transactions that provide or Department of Veterans Affairs, or requirement is not applicable if the property propose to provide new funds to be guaranteed by the Rural Housing Service or address of the property securing the covered consolidated not pursuant to New York Tax the Farm Service Agency, an institution loan is not known. For example, if the Law section 255 but under some other law complies with § 1003.4(a)(2) by reporting the property did not have a property address at in a transaction that is not an extension of covered loan as not insured or guaranteed by closing or if the applicant did not provide the credit. For example, assume a financial the Federal Housing Administration, property address of the property to the institution extends new funds to a consumer Department of Veterans Affairs, Rural financial institution before the application in a preliminary transaction that is then Housing Service, or Farm Service Agency. was denied, withdrawn, or closed for consolidated as part of a consolidation, Paragraph 4(a)(3) incompleteness, the financial institution extension and modification agreement complies with § 1003.4(a)(9)(i) by reporting pursuant to the law of a State other than New * * * * * that the requirement is not applicable. 6. Purpose—purchased loans. For York. If the preliminary extension of new Paragraph 4(a)(9)(ii)(A) funds is a covered loan, it must be reported. purchased covered loans where origination 1. Applications—State not provided. When If the consolidation, extension and took place prior to January 1, 2018, a reporting an application, a financial modification agreement pursuant to the law financial institution complies with institution complies with § 1003.4(a)(9)(ii)(A) of a State other than New York is not an § 1003.4(a)(3) by reporting that the by reporting that the requirement is not extension of credit pursuant to Regulation C, requirement is not applicable. applicable if the State in which the property it may not be reported. For discussion of how * * * * * is located is not known before the application to report a true cash-out refinancing, see Paragraph 4(a)(8)(i) was denied, withdrawn, or closed for comment 4(a)(3)–2. * * * * * incompleteness. Section 1003.4—Compilation of Reportable 6. Action taken—file closed for Paragraph 4(a)(9)(ii)(B) Data incompleteness. A financial institution * * * * * 4(a) Data Format and Itemization reports that the file was closed for incompleteness if the financial institution 2. Applications—county not provided. * * * * * sent a written notice of incompleteness under When reporting an application, a financial Paragraph 4(a)(1)(i) Regulation B, 12 CFR 1002.9(c)(2), and the institution complies with § 1003.4(a)(9)(ii)(B) by reporting that the requirement is not * * * * * applicant did not respond to the request for additional information within the period of applicable if the county in which the 3. ULI—purchased covered loan. If a property is located is not known before the financial institution previously has assigned time specified in the notice before the applicant satisfies all underwriting or application was denied, withdrawn, or a covered loan with a ULI or reported a closed for incompleteness. covered loan with a ULI under this part, a creditworthiness conditions. See comment financial institution that purchases that 4(a)(8)(i)–13. If a financial institution then Paragraph 4(a)(9)(ii)(C) covered loan must report the same ULI that provides a notification of adverse action on * * * * * previously was assigned or reported. For the basis of incompleteness under Regulation 2. Applications—census tract not provided. example, if a loan origination previously was B, 12 CFR 1002.9(c)(1)(i), the financial When reporting an application, a financial reported under this part with a ULI, the institution may report the action taken as institution complies with § 1003.4(a)(9)(ii)(C) financial institution that purchases the either file closed for incompleteness or by reporting that the requirement is not covered loan would report the purchase of application denied. A preapproval request applicable if the census tract in which the the covered loan using the same ULI. A that is closed for incompleteness is not property is located is not known before the financial institution that purchases a covered reportable under HMDA. See § 1003.4(a). application was denied, withdrawn, or loan must use the ULI that was assigned by * * * * * closed for incompleteness. the financial institution that originated the 9. Action taken—counteroffers. If a * * * * * covered loan. A financial institution that financial institution makes a counteroffer to purchases a covered loan assigns a ULI and lend on terms different from the applicant’s Paragraph 4(a)(10)(ii) records and submits it in its loan/application initial request (for example, for a shorter loan * * * * * register pursuant to § 1003.5(a)(1) if the maturity, with a different interest rate, or in 3. Applicant data—purchased loan. A covered loan was not assigned a ULI by the a different amount) and the applicant financial institution complies with financial institution that originated the loan declines to proceed with the counteroffer or § 1003.4(a)(10)(ii) by reporting that the because, for example, the loan was originated fails to respond, the institution reports the requirement is not applicable when reporting prior to January 1, 2018 or the loan was action taken as a denial on the original terms a purchased loan for which the institution originated by a financial institution not requested by the applicant. If the applicant chooses not to report the age. required to report under this part. agrees to proceed with consideration of the * * * * * 4. ULI—reinstated or reconsidered financial institution’s counteroffer, the application. A financial institution may not counteroffer takes the place of the prior Paragraph 4(a)(10)(iii) use a ULI previously reported if it reinstates application, and the financial institution * * * * * or reconsiders an application that was reports the action taken in relation to the 4. Income data—assets. A financial reported in a prior calendar year. For terms of the counteroffer. For example, institution does not include as income example, if a financial institution reports a assume a financial institution makes a amounts considered in making a credit denied application in its annual 2020 data counteroffer and the applicant agrees to decision based on factors that an institution submission, pursuant to § 1003.5(a)(1), but proceed with consideration of the relies on in addition to income, such as then reconsiders the application, which counteroffer, and the financial institution amounts derived from underwriting results in an origination in 2021, the sends the applicant a conditional approval calculations of the potential annuitization or financial institution reports a denied letter stating the conditions to be met in depletion of an applicant’s remaining assets.

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Actual distributions from retirement i. Rate-lock agreement. If an interest rate is request that was approved but not accepted, accounts or other assets that are relied on by set pursuant to a ‘‘lock-in’’ agreement § 1003.4(a)(12) requires a financial institution the financial institution as income should be between the financial institution and the to report the applicable rate spread. In such reported as income. The interpretation of borrower, then the date on which the cases, the financial institution would provide income in this paragraph does not affect agreement fixes the interest rate is the date early disclosures under Regulation Z, 12 CFR § 1003.4(a)(23), which requires, except for the rate was set. Except as provided in 1026.18 or 1026.37 (for closed-end mortgage purchased covered loans, the collection of comment 4(a)(12)–5.ii, if a rate is reset after loans) or 1026.40 (for open-end lines of the ratio of the applicant’s or borrower’s total a lock-in agreement is executed (for example, credit), but could never provide any monthly debt to the total monthly income because the borrower exercises a float-down subsequent disclosures. In such cases where relied on in making the credit decision. option or the agreement expires), then the no subsequent disclosures are provided, a * * * * * relevant date is the date the financial financial institution complies with institution exercises discretion in setting the § 1003.4(a)(12)(i) by relying on the annual Paragraph 4(a)(12) rate for the final time before closing or percentage rate for the application or 1. Average prime offer rate. Average prime account opening. The same rule applies preapproval request, as calculated and offer rates are annual percentage rates when a rate-lock agreement is extended and disclosed pursuant to Regulation Z, 12 CFR derived from average interest rates and other the rate is reset at the same rate, regardless 1026.18 or 1026.37 (for closed-end mortgage loan pricing terms offered to borrowers by a of whether market rates have increased, loans) or 1026.40 (for open-end lines of set of creditors for mortgage loans that have decreased, or remained the same since the credit), as applicable. low-risk pricing characteristics. Other loan initial rate was set. If no lock-in agreement 9. Corrected disclosures. In the case of an pricing terms may include commonly used is executed, then the relevant date is the date application approved but not accepted or a indices, margins, and initial fixed-rate on which the institution sets the rate for the preapproval request that was approved but periods for variable-rate transactions. final time before closing or account opening. not accepted, if the annual percentage rate Relevant pricing characteristics may include ii. Change in loan program. If a financial changes because a financial institution a consumer’s credit history and transaction institution issues a rate-lock commitment provides a corrected version of the characteristics such as the loan-to-value ratio, under one loan program, the borrower disclosures required under Regulation Z, 12 owner-occupant status, and purpose of the subsequently changes to another program CFR 1026.19(a), pursuant to 12 CFR transaction. To obtain average prime offer that is subject to different pricing terms, and 1026.19(a)(2), under 12 CFR 1026.19(f), rates, the Bureau uses creditor data by the financial institution changes the rate pursuant to 12 CFR 1026.19(f)(2), or under 12 transaction type. promised to the borrower under the rate-lock CFR 1026.6(a), the financial institution 2. Bureau tables. The Bureau publishes commitment accordingly, the rate-set date is complies with § 1003.4(a)(12)(i) by tables of current and historic average prime the date of the program change. However, if comparing the corrected and disclosed offer rates by transaction type on the FFIEC’s the financial institution changes the annual percentage rate to the most recently Web site (http://www.ffiec.gov/hmda) and the promised rate to the rate that would have available average prime offer rate that was in Bureau’s Web site (http:// been available to the borrower under the new effect for a comparable transaction as of the www.consumerfinance.gov). The Bureau program on the date of the original rate-lock rate-set date, provided that the corrected calculates an annual percentage rate, commitment, then that is the date the rate is disclosure was provided to the borrower consistent with Regulation Z (see 12 CFR set, provided the financial institution prior to the end of the reporting period in 1026.22 and part 1026, appendix J), for each consistently follows that practice in all such transaction type for which pricing terms are which final action is taken. For purposes of cases or the original rate-lock agreement so § 1003.4(a)(12), the date the corrected available from the creditor data described in provided. For example, assume that a comment 4(a)(12)–1. The Bureau uses loan disclosure was provided to the borrower is borrower locks a rate of 2.5 percent on June the date disclosed pursuant to Regulation Z, pricing terms available in the creditor data 1 for a 30-year, variable-rate loan with a 5- and other information to estimate annual 12 CFR 1026.38(a)(3)(i). The corrected year, fixed-rate introductory period. On June disclosure does not affect the rate-set date. percentage rates for other types of 15, the borrower decides to switch to a 30- transactions for which the creditor data are See comment 4(a)(12)–5. For example, in the year, fixed-rate loan, and the rate available to limited or not available. The Bureau case of a financial institution’s annual loan/ the borrower for that product on June 15 is publishes on the FFIEC’s Web site and the application register submission made 4.0 percent. On June 1, the 30-year, fixed-rate Bureau’s Web site the methodology it uses to pursuant to § 1003.5(a)(1), if the financial loan would have been available to the arrive at these estimates. A financial institution provides a corrected disclosure to borrower at a rate of 3.5 percent. If the institution may either use the average prime the borrower pursuant to Regulation Z, 12 financial institution offers the borrower the offer rates published by the Bureau or may CFR 1026.19(f)(2)(v), that reflects a corrected 3.5 percent rate (i.e., the rate that would have determine average prime offer rates itself by annual percentage rate, the financial been available to the borrower for the fixed- employing the methodology published on the institution reports the difference between the FFIEC’s Web site and the Bureau’s Web site. rate product on June 1, the date of the corrected annual percentage rate and the A financial institution that determines original rate-lock) because the original most recently available average prime offer average prime offer rates itself, however, is agreement so provided or because the rate that was in effect for a comparable responsible for correctly determining the financial institution consistently follows that transaction as of the rate-set date if the rates in accordance with the published practice for borrowers who change loan corrected disclosure was provided to the methodology. programs, then the financial institution borrower prior to the end of the calendar year 3. Rate spread calculation—annual should use June 1 as the rate-set date. In all in which final action is taken. other cases, the financial institution should percentage rate. The requirements of * * * * * § 1003.4(a)(12)(i) refer to the covered loan’s use June 15 as the rate-set date. annual percentage rate. A financial iii. Brokered loans. When a financial Paragraph 4(a)(15) institution complies with § 1003.4(a)(12)(i) institution has reporting responsibility for an * * * * * by relying on the annual percentage rate for application for a covered loan that it received 2. Credit score—multiple credit scores. the covered loan, as calculated and disclosed from a broker, as discussed in comment 4(a)– When a financial institution obtains or pursuant to Regulation Z, 12 CFR 1026.18 or 2 (e.g., because the financial institution creates two or more credit scores for a single 1026.38 (for closed-end mortgage loans) or makes a credit decision prior to closing or applicant or borrower but relies on only one 1026.6 (for open-end lines of credit), as account opening), the rate-set date is the last score in making the credit decision (for applicable. date the financial institution set the rate with example, by relying on the lowest, highest, * * * * * the broker, not the date the broker set the most recent, or average of all of the scores), 5. Rate-set date. The relevant date to use borrower’s rate. the financial institution complies with to determine the average prime offer rate for * * * * * § 1003.4(a)(15) by reporting that credit score a comparable transaction is the date on 8. Application approved but not accepted and information about the scoring model which the covered loan’s interest rate was set or preapproval request approved but not used. When a financial institution uses more by the financial institution for the final time accepted. In the case of an application than one credit scoring model and combines before closing or account opening. approved but not accepted or a preapproval the scores into a composite credit score that

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it relies on, the financial institution reports applicant and the middle score for the co- borrower prior to the end of the reporting that score and reports that more than one applicant. period in which final action is taken. For credit scoring model was used. When a * * * * * purposes of § 1003.4(a)(19), the date the financial institution obtains or creates two or corrected disclosure was provided to the more credit scores for an applicant or Paragraph 4(a)(17)(i) borrower is the date disclosed pursuant to borrower and relies on multiple scores for the * * * * * Regulation Z, 12 CFR 1026.38(a)(3)(i). For applicant or borrower in making the credit 3. Corrected disclosures. If the amount of example, in the case of a financial decision (for example, by relying on a scoring total loan costs changes because a financial institution’s annual loan/application register grid that considers each of the scores institution provides a corrected version of the submission made pursuant to § 1003.5(a)(1), obtained or created for the applicant or disclosures required under Regulation Z, 12 if the financial institution provides a borrower without combining the scores into CFR 1026.19(f), pursuant to 12 CFR corrected disclosure to the borrower to reflect a composite score), § 1003.4(a)(15) requires 1026.19(f)(2), the financial institution a refund made pursuant to Regulation Z, 12 the financial institution to report one of the complies with § 1003.4(a)(17)(i) by reporting CFR 1026.19(f)(2)(v), the financial institution credit scores for the applicant or borrower the corrected amount, provided that the reports the corrected amount of discount that was relied on in making the credit corrected disclosure was provided to the points only if the corrected disclosure was decision. In choosing which credit score to borrower prior to the end of the reporting provided to the borrower prior to the end of report in this circumstance, a financial period in which final action is taken. For the calendar year in which final action is institution need not use the same approach purposes of § 1003.4(a)(17)(i), the date the taken. for its entire HMDA submission, but it corrected disclosure was provided to the Paragraph 4(a)(20) should be generally consistent (such as by borrower is the date disclosed pursuant to routinely using one approach within a Regulation Z, 12 CFR 1026.38(a)(3)(i). For * * * * * particular division of the institution or for a example, in the case of a financial 3. Corrected disclosures. If the amount of category of covered loans). In instances such institution’s annual loan/application register lender credits changes because a financial as these, the financial institution should submission made pursuant to § 1003.5(a)(1), institution provides a corrected version of the report the name and version of the credit if the financial institution provides a disclosures required under Regulation Z, 12 scoring model for the score reported. corrected disclosure to the borrower to reflect CFR 1026.19(f), pursuant to 12 CFR 3. Credit score—multiple applicants or a refund made pursuant to Regulation Z, 12 1026.19(f)(2), the financial institution borrowers. In a transaction involving two or CFR 1026.19(f)(2)(v), the financial institution complies with § 1003.4(a)(20) by reporting more applicants or borrowers for which the reports the corrected amount of total loan the corrected amount, provided that the financial institution obtains or creates a costs only if the corrected disclosure was corrected disclosure was provided to the single credit score, and relies on that credit provided to the borrower prior to the end of borrower prior to the end of the reporting score in making the credit decision for the the calendar year in which final action is period in which final action is taken. For purposes of § 1003.4(a)(20), the date the transaction, the institution complies with taken. corrected disclosure was provided to the § 1003.4(a)(15) by reporting that credit score * * * * * borrower is the date disclosed pursuant to for the applicant and reporting that the Paragraph 4(a)(18) Regulation Z, 12 CFR 1026.38(a)(3)(i). For requirement is not applicable for the first co- example, in the case of a financial applicant or, alternatively, by reporting that * * * * * institution’s annual loan/application register credit score for the first co-applicant and 3. Corrected disclosures. If the total amount submission made pursuant to § 1003.5(a)(1), reporting that the requirement is not of borrower-paid origination charges changes if the financial institution provides a applicable for the applicant. Otherwise, a because a financial institution provides a corrected version of the disclosures required corrected disclosure to the borrower to reflect financial institution complies with a refund made pursuant to Regulation Z, 12 § 1003.4(a)(15) by reporting a credit score for under Regulation Z, 12 CFR 1026.19(f), pursuant to 12 CFR 1026.19(f)(2), the CFR 1026.19(f)(2)(v), the financial institution the applicant that it relied on in making the reports the corrected amount of lender credit decision, if any, and a credit score for financial institution complies with § 1003.4(a)(18) by reporting the corrected credits only if the corrected disclosure was the first co-applicant that it relied on in provided to the borrower prior to the end of making the credit decision, if any. To amount, provided that the corrected disclosure was provided to the borrower the calendar year in which final action is illustrate, assume a transaction involves one taken. applicant and one co-applicant and that the prior to the end of the reporting period in financial institution obtains or creates two which final action is taken. For purposes of Paragraph 4(a)(21) credit scores for the applicant and two credit § 1003.4(a)(18), the date the corrected 1. Interest rate—disclosures. Section scores for the co-applicant. Assume further disclosure was provided to the borrower is 1003.4(a)(21) requires a financial institution that the financial institution relies on a single the date disclosed pursuant to Regulation Z, to identify the interest rate applicable to the credit score that is the lowest, highest, most 12 CFR 1026.38(a)(3)(i). For example, in the approved application, or to the covered loan recent, or average of all of the credit scores case of a financial institution’s annual loan/ at closing or account opening. For covered obtained or created to make the credit application register submission made loans or applications subject to the integrated decision for the transaction. The financial pursuant to § 1003.5(a)(1), if the financial mortgage disclosure requirements of institution provides a corrected disclosure to institution complies with § 1003.4(a)(15) by Regulation Z, 12 CFR 1026.19(e) and (f), a the borrower to reflect a refund made reporting that credit score and information financial institution complies with pursuant to Regulation Z, 12 CFR about the scoring model used for the § 1003.4(a)(21) by reporting the interest rate 1026.19(f)(2)(v), the financial institution applicant and reporting that the requirement disclosed on the applicable disclosure. For reports the corrected amount of origination is not applicable for the first co-applicant or, covered loans or approved applications for charges only if the corrected disclosure was alternatively, by reporting the data for the which disclosures were provided pursuant to provided to the borrower prior to the end of first co-applicant and reporting that the both Regulation Z, 12 CFR 1026.19(e) and (f), the calendar year in which final action is requirement is not applicable for the a financial institution reports the interest rate taken. applicant. Alternatively, assume a disclosed pursuant to 12 CFR 1026.19(f). A transaction involves one applicant and one Paragraph 4(a)(19) financial institution may rely on the co-applicant and that the financial institution * * * * * definitions and commentary to the sections obtains or creates three credit scores for the 3. Corrected disclosures. If the amount of of Regulation Z relevant to the disclosure of applicant and three credit scores for the co- discount points changes because a financial the interest rate pursuant to 12 CFR applicant. Assume further that the financial institution provides a corrected version of the 1026.19(e) or (f). If a financial institution institution relies on the middle credit score disclosures required under Regulation Z, 12 provides a revised or corrected version of the for the applicant and the middle credit score CFR 1026.19(f), pursuant to 12 CFR disclosures required under Regulation Z, 12 for the co-applicant to make the credit 1026.19(f)(2), the financial institution CFR 1026.19(e) or (f), pursuant to 12 CFR decision for the transaction. The financial complies with § 1003.4(a)(19) by reporting 1026.19(e)(3)(iv) or (f)(2), as applicable, the institution complies with § 1003.4(a)(15) by the corrected amount, provided that the financial institution complies with reporting both the middle score for the corrected disclosure was provided to the § 1003.4(a)(21) by reporting the interest rate

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on the revised or corrected disclosure, line of credit contains an introductory complies with § 1003.4(a)(35) by reporting provided that the revised or corrected interest rate for 50 days after the date of the name of that system and the result disclosure was provided to the borrower account opening, after which the interest rate generated by that system. On the other hand, prior to the end of the reporting period in may adjust. In this example, the financial if a financial institution has developed its which final action is taken. For purposes of institution complies with § 1003.4(a)(26) by own proprietary system that it uses to § 1003.4(a)(21), the date the revised or reporting the number of months as ‘‘1.’’ The evaluate an application but the financial corrected disclosure was provided to the financial institution must report one month institution is not a securitizer, then the borrower is date disclosed pursuant to for any introductory interest rate period that financial institution is not required by Regulation Z, 12 CFR 1026.37(a)(4) or totals less than one whole month. § 1003.4(a)(35) to report the use of that 1026.38(a)(3)(i), as applicable. * * * * * system and the result generated by that * * * * * system. In addition, in order for an AUS to Paragraph 4(a)(34) be covered by the definition in Paragraph 4(a)(24) * * * * * § 1003.4(a)(35)(ii), the system must provide a * * * * * 4. Purchased loans. If a financial result regarding both the credit risk of the 2. Transactions for which a combined loan- institution purchases a covered loan that applicant and the eligibility of the covered to-value ratio was one of multiple factors. A satisfies the coverage criteria of Regulation Z, loan to be originated, purchased, insured, or financial institution relies on the ratio of the 12 CFR 1026.36(g) and that was originated guaranteed by the securitizer, Federal total amount of debt secured by the property prior to January 10, 2014, the financial government insurer, or Federal government to the value of the property (combined loan- institution complies with § 1003.4(a)(34) by guarantor that developed the system being to-value ratio) in making the credit decision reporting that the requirement is not used to evaluate the application. For if the combined loan-to-value ratio was a applicable. In addition, if a financial example, if a system is an electronic tool that factor in the credit decision even if it was not institution purchases a covered loan that provides a determination of the eligibility of a dispositive factor. For example, if the does not satisfy the coverage criteria of the covered loan to be originated, purchased, combined loan-to-value ratio is one of Regulation Z, 12 CFR 1026.36(g) and that was insured, or guaranteed by the securitizer, multiple factors in a financial institution’s originated prior to January 1, 2018, the Federal government insurer, or Federal credit decision, the financial institution has financial institution complies with government guarantor that developed the relied on the combined loan-to-value ratio § 1003.4(a)(34) by reporting that the system being used by a financial institution and complies with § 1003.4(a)(24) by requirement is not applicable. Purchasers of to evaluate the application, but the system reporting the combined loan-to-value ratio, both such types of covered loans may report does not also provide an assessment of the even if the financial institution denies the the NMLSR ID voluntarily. creditworthiness of the applicant—such as, application because one or more Paragraph 4(a)(35) an evaluation of the applicant’s income, debt, underwriting requirements other than the and credit history—then that system does not combined loan-to-value ratio are not * * * * * qualify as an AUS, as defined in satisfied. 2. Definition of automated underwriting § 1003.4(a)(35)(ii). A financial institution that system. A financial institution must report * * * * * uses a system that is not an AUS, as defined the information required by § 1003.4(a)(35)(i) in § 1003.4(a)(35)(ii), to evaluate an 6. Property. A financial institution reports if the financial institution uses an automated the combined loan-to-value ratio relied on in application does not report the information underwriting system (AUS), as defined in required by § 1003.4(a)(35)(i). making the credit decision, regardless of § 1003.4(a)(35)(ii), to evaluate an application. which property or properties it used in the To be covered by the definition in * * * * * combined loan-to-value ratio calculation. The § 1003.4(a)(35)(ii), a system must be an 7. Determination of securitizer, Federal property used in the combined loan-to-value electronic tool that has been developed by a government insurer, or Federal government ratio calculation does not need to be the securitizer, Federal government insurer, or a guarantor. Section 1003.4(a)(35)(ii) provides property identified in § 1003.4(a)(9) and may Federal government guarantor of closed-end that an ‘‘automated underwriting system’’ include more than one property and non-real mortgage loans or open-end lines of credit. A means an electronic tool developed by a property. For example, if a financial person is a securitizer, Federal government securitizer, Federal government insurer, or institution originated a covered loan for the insurer, or Federal government guarantor of Federal government guarantor of closed-end purchase of a multifamily dwelling, and the closed-end mortgage loans or open-end lines mortgage loans or open-end lines of credit loan was secured by the multifamily of credit, respectively, if it has securitized, that provides a result regarding the credit risk dwelling and by non-real property, such as provided Federal government insurance, or of the applicant and whether the covered securities, and the financial institution used provided a Federal government guarantee for loan is eligible to be originated, purchased, the multifamily dwelling and the non-real a closed-end mortgage loan or open-end line insured, or guaranteed by that securitizer, property to calculate the combined loan-to- of credit at any point in time. A person may Federal government insurer, or Federal value ratio that it relied on in making the be a securitizer, Federal government insurer, government guarantor. A person is a credit decision, § 1003.4(a)(24) requires the or Federal government guarantor of closed- securitizer, Federal government insurer, or financial institution to report the relied upon end mortgage loans or open-end lines of Federal government guarantor of closed-end ratio. Section 1003.4(a)(24) does not require credit, respectively, for purposes of mortgage loans or open-end lines of credit, a financial institution to use a particular § 1003.4(a)(35) even if it is not actively respectively, if it has ever securitized, combined loan-to-value ratio calculation securitizing, insuring, or guaranteeing closed- insured, or guaranteed a closed-end mortgage method but instead requires financial end mortgage loans or open-end lines of loan or open-end line of credit. If a financial institutions to report the combined loan-to- credit at the time a financial institution uses institution knows or reasonably believes that value ratio relied on in making the credit the AUS to evaluate an application. Where the system it is using to evaluate an decision. the person that developed the electronic tool application is an electronic tool that has been * * * * * has never been a securitizer, Federal developed by a securitizer, Federal government insurer, or Federal government government insurer, or Federal government Paragraph 4(a)(26) guarantor of closed-end mortgage loans or guarantor of closed-end mortgage loans or * * * * * open-end lines of credit, respectively, at the open-end lines of credit, then the financial 5. Non-monthly introductory periods. If a time a financial institution uses the tool to institution complies with § 1003.4(a)(35) by covered loan or application includes an evaluate an application, the financial reporting the name of that system and the introductory interest rate period measured in institution complies with § 1003.4(a)(35) by result generated by that system. Knowledge a unit of time other than months, the reporting that the requirement is not or reasonable belief could, for example, be financial institution complies with applicable since an AUS was not used to based on a sales agreement or other related § 1003.4(a)(26) by reporting the introductory evaluate the application. If a financial documents, the financial institution’s interest rate period for the covered loan or institution has developed its own proprietary previous transactions or relationship with the application using an equivalent number of system that it uses to evaluate an application developer of the electronic tool, or whole months without regard for any and the financial institution is also a representations made by the developer of the remainder. For example, assume an open-end securitizer, then the financial institution electronic tool demonstrating that the

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developer of the electronic tool is a or this part, provided that the financial § 1003.6 Enforcement. securitizer, Federal government insurer, or institution maintains procedures reasonably * * * * * Federal government guarantor of closed-end adapted to avoid an error. The Bureau makes (c) * * * mortgage loans or open-end lines of credit. If available on its Web site a geocoding tool (the (2) If a financial institution required a financial institution does not know or Bureau’s geocoding tool) that identifies the reasonably believe that the system it is using census tract of a property using property to comply with § 1003.5(a)(1)(ii) makes to evaluate an application is an electronic addresses entered by users. Obtaining the a good-faith effort to report all data tool that has been developed by a securitizer, census tract numbers for covered loans and required to be reported pursuant to Federal government insurer, or Federal applications from the Bureau’s geocoding § 1003.5(a)(1)(ii) fully and accurately government guarantor of closed-end mortgage tool is an example of a procedure reasonably within 60 calendar days after the end of loans or open-end lines of credit, the adapted to avoid errors under § 1003.6(b)(2). each calendar quarter, and some data financial institution complies with Accordingly, a census tract error is not a are nevertheless inaccurate or § 1003.4(a)(35) by reporting that the violation of the Act or this part if the incomplete, the inaccuracy or omission requirement is not applicable, provided that financial institution obtained the census tract is not a violation of the Act or this part the financial institution maintains number from the Bureau’s geocoding tool. procedures reasonably adapted to determine However, a financial institution’s failure to provided that the institution corrects or whether the electronic tool it is using to provide the correct census tract number for completes the data prior to submitting evaluate an application meets the definition a covered loan or application on its loan/ its annual loan/application register in § 1003.4(a)(35)(ii). Reasonably adapted application register, as required by pursuant to § 1003.5(a)(1)(i). procedures include attempting to determine § 1003.4(a)(9)(ii)(C) or § 1003.4(e), because ■ 12. In Supplement I to Part 1003— with reasonable frequency, such as annually, the Bureau’s geocoding tool did not provide Official Interpretations: whether the developer of the electronic tool a census tract number for the property ■ a. Under Section 1003.4—Compilation is a securitizer, Federal government insurer, address entered by the financial institution is or Federal government guarantor of closed- of Reportable Data: not excused as a bona fide error. In addition, ■ i. Under 4(a) Data format and end mortgage loans or open-end lines of a census tract error caused by a financial credit. For example: itemization: institution entering an inaccurate property ■ A. Under Paragraph 4(a)(1)(i), i. In the course of renewing an annual sales address into the Bureau’s geocoding tool is agreement the developer of the electronic not excused as a bona fide error. paragraphs 3 and 4 are revised. tool represents to the financial institution ■ B. Under Paragraph 4(a)(12), that it has never been a securitizer, Federal [The following amendments would be paragraph 9 is revised. government insurer, or Federal government effective January 1, 2019, further ■ C. Under Paragraph 4(a)(17)(i), guarantor of closed-end mortgage loans or amending the sections as amended paragraph 3 is revised. open-end lines of credit. On this basis, the October 28, 2015, at 80 FR 66127.] ■ D. Under Paragraph 4(a)(18), financial institution does not know or ■ 8. Section 1003.5 is further amended reasonably believe that the system it is using paragraph 3 is revised. by revising paragraph (a)(3)(ii) to read as ■ to evaluate an application is an electronic E. Under Paragraph 4(a)(19), tool that has been developed by a securitizer, follows: paragraph 3 is revised. ■ Federal government insurer, or Federal § 1003.5 Disclosure and reporting. F. Under Paragraph 4(a)(20), government guarantor of closed-end mortgage paragraph 3 is revised. loans or open-end lines of credit and (a) * * * complies with § 1003.4(a)(35) by reporting (3) * * * Supplement I to Part 1003—Official that the requirement is not applicable. (ii) The calendar year the data Interpretations ii. Based on their previous transactions a submission covers pursuant to * * * * * financial institution is aware that the paragraph (a)(1)(i) of this section; Section 1003.4—Compilation of Reportable developer of the electronic tool it is using to * * * * * evaluate an application has securitized a Data ■ 9. § 1003.6 is further amended by closed-end mortgage loan or open-end line of 4(a) Data Format and Itemization credit in the past. On this basis, the financial redesignating paragraph (c)(1) as institution knows or reasonably believes that paragraph (c) and removing paragraph * * * * * the developer of the electronic tool is a (c)(2). Paragraph 4(a)(1)(i) securitizer and complies with § 1003.4(a)(35) § 1003.6 Enforcement. [Further amended] * * * * * by reporting the name of that system and the 3. ULI—purchased covered loan. If a result generated by that system. [The following amendments would be financial institution has previously assigned * * * * * effective January 1, 2020, further a covered loan with a ULI or reported a amending the sections as amended covered loan with a ULI under this part, a Section 1003.6—Enforcement October 28, 2015, at 80 FR 66127.] financial institution that purchases that 6(b) Bona Fide Errors ■ 10. Section 1003.5 is further amended covered loan must report the same ULI that 1. Information from third parties. Section by revising paragraph (a)(3)(ii) to read as was previously assigned or reported. For 1003.6(b) provides that an error in compiling follows: example, if a financial institution that or recording data for a covered loan or submits an annual loan/application register application is not a violation of the Act or § 1003.5 Disclosure and reporting. pursuant to § 1003.5(a)(1)(i) originates a this part if the error was unintentional and (a) * * * covered loan that is purchased by a financial institution that also submits an annual loan/ occurred despite the maintenance of (3) * * * procedures reasonably adapted to avoid such application register pursuant to an error. A financial institution that obtains (ii) The calendar year the data § 1003.5(a)(1)(i), the financial institution that the required data, such as property-location submission covers pursuant to purchases the covered loan must report the information, from third parties is responsible paragraph (a)(1)(i) of this section or purchase of the covered loan using the same for ensuring that the information reported calendar quarter and year the data ULI that was reported by the originating pursuant to § 1003.5 is correct. See comment submission covers pursuant to financial institution. If a financial institution 6(b)–2 concerning obtaining census tract paragraph (a)(1)(ii) of this section; that originates a covered loan has previously information from the geocoding tool assigned the covered loan with a ULI under provided by the Bureau. * * * * * this part but has not yet reported the covered ■ 2. Information from the Bureau. Section 11. Section 1003.6 is further amended loan, a financial institution that purchases 1003.6(b)(2) provides that an incorrect entry by redesignating paragraph (c) as that covered loan must report the same ULI for census tract number is deemed a bona paragraph (c)(1) and by adding that was previously assigned. For example, if fide error, and is not a violation of the Act paragraph (c)(2) to read as follows: a financial institution that submits an annual

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loan/application register pursuant to complies with § 1003.4(a)(12)(i) by the corrected amount, provided that the § 1003.5(a)(1)(i) (Institution A) originates a comparing the corrected and disclosed corrected disclosure was provided to the covered loan that is purchased by a financial annual percentage rate to the most recently borrower prior to the end of the reporting institution that submits a quarterly loan/ available average prime offer rate that was in period in which final action is taken. For application register pursuant to effect for a comparable transaction as of the purposes of § 1003.4(a)(17)(i), the date the § 1003.5(a)(1)(ii) (Institution B), then rate-set date, provided that the corrected corrected disclosure was provided to the Institution B must report the ULI that was disclosure was provided to the borrower borrower is the date disclosed pursuant to assigned by Institution A on Institution B’s prior to the end of the reporting period in Regulation Z, 12 CFR 1026.38(a)(3)(i). For quarterly loan/application register pursuant which final action is taken. For purposes of example: to § 1003.5(a)(1)(ii), even though Institution § 1003.4(a)(12), the date the corrected i. In the case of a financial institution’s A has not yet submitted its annual loan/ disclosure was provided to the borrower is annual loan/application register submission application register pursuant to the date disclosed pursuant to Regulation Z, made pursuant to § 1003.5(a)(1)(i), if the § 1003.5(a)(1)(i). A financial institution that 12 CFR 1026.38(a)(3)(i). The corrected financial institution provides a corrected purchases a covered loan must assign it a ULI disclosure does not affect the rate-set date. disclosure to the borrower to reflect a refund pursuant to § 1003.4(a)(1)(i) and report it See comment 4(a)(12)–5. For example: made pursuant to Regulation Z, 12 CFR pursuant to § 1003.5(a)(1)(i) or (ii), whichever i. In the case of a financial institution’s 1026.19(f)(2)(v), the financial institution is applicable, if the covered loan was not annual loan/application register submission reports the corrected amount of total loan assigned a ULI by the financial institution made pursuant to § 1003.5(a)(1)(i), if the costs only if the corrected disclosure was that originated the loan because, for example, financial institution provides a corrected provided to the borrower prior to the end of the loan was originated prior to January 1, disclosure pursuant to Regulation Z, 12 CFR the calendar year in which final action is 2018 or the loan was originated by a financial 1026.19(f)(2)(v), that reflects a corrected taken. institution not required to report under this annual percentage rate, the financial ii. In the case of a financial institution’s part. institution reports the difference between the quarterly submission made pursuant to 4. ULI—reinstated or reconsidered corrected annual percentage rate and the § 1003.5(a)(1)(ii), if the financial institution application. A financial institution may, at most recently available average prime offer provides a corrected disclosure to the its option, report a ULI previously reported rate that was in effect for a comparable borrower to reflect a refund made pursuant under this part if, during the same calendar transaction as of the rate-set date only if the to Regulation Z, 12 CFR 1026.19(f)(2)(v), the year, an applicant asks the institution to corrected disclosure was provided to the financial institution reports the corrected reinstate a counteroffer that the applicant borrower prior to the end of the calendar year amount of total loan costs only if the previously did not accept or asks the in which final action is taken. corrected disclosure was provided to the financial institution to reconsider an ii. In the case of a financial institution’s borrower prior to the end of the quarter in application that was previously denied, quarterly submission made pursuant to which final action is taken. The financial withdrawn, or closed for incompleteness. For § 1003.5(a)(1)(ii), if the financial institution institution does not report the corrected example, if a financial institution reports a provides a corrected disclosure pursuant to amount of total loan costs in its quarterly denied application in its second-quarter 2020 Regulation Z, 12 CFR 1026.19(f)(2)(v), that submission if the corrected disclosure was data submission, pursuant to reflects a corrected annual percentage rate, provided to the borrower after the end of the § 1003.5(a)(1)(ii), but then reconsiders the the financial institution reports the difference quarter in which final action is taken, even application, which results in an origination between the corrected annual percentage rate if the corrected disclosure was provided to in the third quarter of 2020, the financial and the most recently available average the borrower prior to the deadline for timely institution may report the origination in its prime offer rate that was in effect for a submission of the financial institution’s third-quarter 2020 data submission using the comparable transaction as of the rate-set date quarterly data. However, the financial same ULI that was reported for the denied only if the corrected disclosure was provided institution reports the corrected amount of application in its second-quarter 2020 data to the borrower prior to the end of the quarter total loan costs on its annual loan/ submission, so long as the financial in which final action is taken. The financial application register, provided that the institution treats the origination as the same institution does not report the difference corrected disclosure was provided to the transaction for reporting. However, a between the corrected annual percentage rate borrower prior to the end of the calendar year financial institution may not use a ULI and the most recently available average in which final action is taken. previously reported if it reinstates or prime offer rate that was in effect for a * * * * * reconsiders an application that was reported comparable transaction as of the rate-set date in a prior calendar year. For example, if a if the corrected disclosure was provided to Paragraph 4(a)(18) financial institution reports a denied the borrower after the end of the quarter in * * * * * application in its fourth-quarter 2020 data which final action is taken, even if the 3. Corrected disclosures. If the total amount submission, pursuant to § 1003.5(a)(1)(ii), but corrected disclosure was provided to the of borrower-paid origination charges changes then reconsiders the application, which borrower prior to the deadline for timely because a financial institution provides a results in an origination in the first quarter submission of the financial institution’s corrected version of the disclosures required of 2021, the financial institution reports a quarterly data. However, the financial under Regulation Z, 12 CFR 1026.19(f), denied application under the original ULI in institution reports the difference between the pursuant to 12 CFR 1026.19(f)(2), the its fourth-quarter 2020 data submission and corrected annual percentage rate and the financial institution complies with an origination with a different ULI in its first- most recently available average prime offer § 1003.4(a)(18) by reporting the corrected quarter 2021 data submission, pursuant to rate that was in effect for a comparable amount, provided that the corrected § 1003.5(a)(1)(ii). transaction as of the rate-set date on its disclosure was provided to the borrower * * * * * annual loan/application register, provided prior to the end of the reporting period in that the corrected disclosure was provided to which final action is taken. For purposes of Paragraph 4(a)(12) the borrower prior to the end of the calendar § 1003.4(a)(18), the date the corrected * * * * * year in which final action is taken. disclosure was provided to the borrower is 9. Corrected disclosures. In the case of an * * * * * the date disclosed pursuant to Regulation Z, application approved but not accepted or a 12 CFR 1026.38(a)(3)(i). For example: preapproval request that was approved but Paragraph 4(a)(17)(i) i. In the case of a financial institution’s not accepted, if the annual percentage rate * * * * * annual loan/application register submission changes because a financial institution 3. Corrected disclosures. If the amount of made pursuant to § 1003.5(a)(1)(i), if the provides a corrected version of the total loan costs changes because a financial financial institution provides a corrected disclosures required under Regulation Z, 12 institution provides a corrected version of the disclosure to the borrower to reflect a refund CFR 1026.19(a), pursuant to 12 CFR disclosures required under Regulation Z, 12 made pursuant to Regulation Z, 12 CFR 1026.19(a)(2), under 12 CFR 1026.19(f), CFR 1026.19(f), pursuant to 12 CFR 1026.19(f)(2)(v), the financial institution pursuant to 12 CFR 1026.19(f)(2), or under 12 1026.19(f)(2), the financial institution reports the corrected amount of total loan CFR 1026.6(a), the financial institution complies with § 1003.4(a)(17)(i) by reporting costs only if the corrected disclosure was

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provided to the borrower prior to the end of made pursuant to § 1003.5(a)(1)(i), if the corrected disclosure was provided to the the calendar year in which final action is financial institution provides a corrected borrower is the date disclosed pursuant to taken. disclosure to the borrower to reflect a refund Regulation Z, 12 CFR 1026.38(a)(3)(i). For ii. In the case of a financial institution’s made pursuant to Regulation Z, 12 CFR example: quarterly submission made pursuant to 1026.19(f)(2)(v), the financial institution i. In the case of a financial institution’s § 1003.5(a)(1)(ii), if the financial institution reports the corrected amount of discount annual loan/application register submission provides a corrected disclosure to the points only if the corrected disclosure was made pursuant to § 1003.5(a)(1)(i), if the borrower to reflect a refund made pursuant provided to the borrower prior to the end of financial institution provides a corrected to Regulation Z, 12 CFR 1026.19(f)(2)(v), the the calendar year in which final action is disclosure to the borrower to reflect a refund financial institution reports the corrected taken. made pursuant to Regulation Z, 12 CFR amount of origination charges only if the ii. In the case of a financial institution’s 1026.19(f)(2)(v), the financial institution corrected disclosure was provided to the quarterly submission made pursuant to reports the corrected amount of lender borrower prior to the end of the quarter in § 1003.5(a)(ii), if the financial institution credits only if the corrected disclosure was which final action is taken. The financial provides a corrected disclosure to the provided to the borrower prior to the end of institution does not report the corrected borrower to reflect a refund made pursuant the calendar year in which final action is amount of borrower-paid origination charges to Regulation Z, 12 CFR 1026.19(f)(2)(v), the taken. in its quarterly submission if the corrected financial institution reports the corrected ii. In the case of a financial institution’s disclosure was provided to the borrower after amount of discount points only if the the end of the quarter in which final action corrected disclosure was provided to the quarterly submission made pursuant to is taken, even if the corrected disclosure was borrower prior to the end of the quarter in § 1003.5(a)(1)(ii), if the financial institution provided to the borrower prior to the which final action is taken. The financial provides a corrected disclosure to the deadline for timely submission of the institution does not report the corrected borrower to reflect a refund made pursuant financial institution’s quarterly data. amount of discount points in its quarterly to Regulation Z, 12 CFR 1026.19(f)(2)(v), the However, the financial institution reports the submission if the corrected disclosure was financial institution reports the corrected corrected amount of borrower-paid provided to the borrower after the end of the amount of lender credits only if the corrected origination charges on its annual loan/ quarter in which final action is taken, even disclosure was provided to the borrower application register, provided that the if the corrected disclosure was provided to prior to the end of the quarter in which final corrected disclosure was provided to the the borrower prior to the deadline for timely action is taken. The financial institution does borrower prior to the end of the calendar year submission of the financial institution’s not report the corrected amount of lender in which final action is taken. quarterly data. However, the financial credits in its quarterly submission if the Paragraph 4(a)(19) institution reports the corrected amount of corrected disclosure was provided to the discount points on its annual loan/ borrower after the end of the quarter in * * * * * application register, provided that the which final action is taken, even if the 3. Corrected disclosures. If the amount of corrected disclosure was provided to the corrected disclosure was provided to the discount points changes because a financial borrower prior to the end of the calendar year borrower prior to the deadline for timely institution provides a corrected version of the in which final action is taken. submission of the financial institution’s disclosures required under Regulation Z, 12 quarterly data. However, the financial CFR 1026.19(f), pursuant to 12 CFR Paragraph 4(a)(20) institution reports the corrected amount of 1026.19(f)(2), the financial institution * * * * * complies with § 1003.4(a)(19) by reporting 3. Corrected disclosures. If the amount of lender credits on its annual loan/application the corrected amount, provided that the lender credits changes because a financial register, provided that the corrected corrected disclosure was provided to the institution provides a corrected version of the disclosure was provided to the borrower borrower prior to the end of the reporting disclosures required under Regulation Z, 12 prior to the end of the calendar year in which period in which final action is taken. For CFR 1026.19(f), pursuant to 12 CFR final action is taken. purposes of § 1003.4(a)(19), the date the 1026.19(f)(2), the financial institution Dated: April 13, 2017. corrected disclosure was provided to the complies with § 1003.4(a)(20) by reporting Richard Cordray, borrower is the date disclosed pursuant to the corrected amount, provided that the Director, Bureau of Consumer Financial Regulation Z, 12 CFR 1026.38(a)(3)(i). For corrected disclosure was provided to the Protection. example: borrower prior to the end of the reporting i. In the case of a financial institution’s period in which final action is taken. For [FR Doc. 2017–07838 Filed 4–24–17; 8:45 am] annual loan/application register submission purposes of § 1003.4(a)(20), the date the BILLING CODE 4810–AM–P

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Reader Aids Federal Register Vol. 82, No. 78 Tuesday, April 25, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. Presidential Documents 3 CFR 204...... 18216 Ch. X...... 18687 Executive orders and proclamations 741–6000 Proclamations: 1005...... 18975 The United States Government Manual 741–6000 9581...... 16707 9582...... 16709 1026...... 18975 Other Services 9583...... 16711 1238...... 17933 Electronic and on-line services (voice) 741–6020 9584...... 16713 Proposed Rules: Privacy Act Compilation 741–6050 9585...... 16715 1002...... 16307 Public Laws Update Service (numbers, dates, etc.) 741–6043 9586...... 16717 1003...... 19142 9587...... 16889 13 CFR 9588...... 17377 ELECTRONIC RESEARCH 9589...... 17529 Proposed Rules: 121...... 18253 World Wide Web 9590...... 17745 9591...... 17747 14 CFR Full text of the daily Federal Register, CFR and other publications 9592...... 18545 is located at: www.fdsys.gov. Executive Orders: 13...... 17097 23...... 18841 Federal Register information and research tools, including Public 13775 (Revoked by EO 13787)...... 16723 25 ...... 16891, 16893, 17101, Inspection List, indexes, and Code of Federal Regulations are 17531 located at: www.ofr.gov. 13784...... 16279 13785...... 16719 39 ...... 16101, 16725, 16728, E-mail 13786...... 16721 16895, 16897, 17103, 17107, 13787...... 16723 17112, 17533, 17537, 17540, FEDREGTOC (Daily Federal Register Table of Contents Electronic 13788...... 18837 17542, 17749, 17933, 18079, Mailing List) is an open e-mail service that provides subscribers Administrative Orders: 18082, 18084, 18547, 18690, with a digital form of the Federal Register Table of Contents. The Memorandums: 18694, 18843, 18845, 18849 digital form of the Federal Register Table of Contents includes Memorandum of 71 ...... 16898, 16899, 16901, HTML and PDF links to the full text of each document. January 28, 2017 17379, 18550, 18551, 18852, To join or leave, go to https://public.govdelivery.com/accounts/ (Revoked by 18854, 18855, 18856, 18981, USGPOOFR/subscriber/new, enter your email address, then Memorandum of 18983 follow the instructions to join, leave, or manage your April 4, 2017) ...... 16881 73...... 17936 subscription. Memorandum of March 97 ...... 17114, 17116, 17117 406...... 17097 PENS (Public Law Electronic Notification Service) is an e-mail 6, 2017 ...... 16283 service that notifies subscribers of recently enacted laws. Memorandum of April Proposed Rules: 4, 2017 ...... 16881 23...... 17943 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of March 39 ...... 16138, 16948, 17154, and select Join or leave the list (or change settings); then follow 19, 2017 ...... 17375 17156, 17403, 17594, 17770, the instructions. Memorandum of April 17773, 17945, 18265, 18402, FEDREGTOC and PENS are mailing lists only. We cannot 12, 2017 ...... 18077 18588, 18590, 18722 respond to specific inquiries. Notices: 71 ...... 16140, 16952, 16953, Notice of April 6, 16955, 16957, 16958, 16960, Reference questions. Send questions and comments about the 2017 ...... 17095 16962, 17158, 17160, 17776, Federal Register system to: [email protected] 17778, 18406, 18593, 18594, The Federal Register staff cannot interpret specific documents or 5 CFR 18596, 18598, 18600, 18874, regulations. Proposed Rules: 18875, 19007, 19008 1631...... 16744 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 15 CFR longer appears in the Federal Register. This information can be 7 CFR found online at http://bookstore.gpo.gov/. 30...... 18383 1436...... 16101 744...... 16730, 18217 Proposed Rules: 902...... 16478 FEDERAL REGISTER PAGES AND DATE, APRIL 1051...... 18721 950...... 18220 2004...... 18985 16101–16286...... 3 18547–18686...... 20 9 CFR 16287–16508...... 4 18687–18840...... 21 2005...... 18985 201...... 17531 16509–16724...... 5 18841–18974...... 24 16 CFR 16725–16890...... 6 Proposed Rules: 18975–19178...... 25 201...... 17594 Proposed Rules: 16891–17096...... 7 312...... 19009 17097–17378...... 10 10 CFR 1112...... 16963 17379–17530...... 11 72...... 17749 1130...... 16963 17531–17744...... 12 proposed Rules: 1236...... 16963 17745–17932...... 13 50...... 17768 1500...... 17947 17933–18078...... 14 52...... 17768 1507...... 17947 18079–18214...... 17 18215–18382...... 18 12 CFR 17 CFR 18383–18546...... 19 201...... 18215 210...... 17545

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227...... 17545 37 CFR 484...... 16150 217...... 16127, 17765 229...... 17545 301...... 18563 485...... 16150 218...... 16127, 17765 230...... 17545 350...... 18563 488...... 16150 219...... 16127, 17765 239...... 17545 220...... 16127, 17765 351...... 18563 44 CFR 240...... 17545 Proposed Rules: 221...... 16127, 17765 249...... 17545 350...... 18601 64...... 16122, 18088 222...... 16127, 17765 Proposed Rules: 223...... 16127, 17765 45 CFR 210...... 18877 38 CFR 224...... 16127, 17765 211...... 18877 17...... 16287 147...... 18346 225...... 16127, 17765 229...... 18877 Proposed Rules: 155...... 18346 227...... 16127, 17765 231...... 18877 36...... 17792 156...... 18346 228...... 16127, 17765 241...... 18877 500...... 16124 229...... 16127, 17765 39 CFR 510...... 16124 20 CFR 230...... 16127, 17765 3020...... 18698 46 CFR 231...... 16127, 17765 401...... 16509 232...... 16127, 17765 40 CFR 221...... 18871 21 CFR 233...... 16127, 17765 52 ...... 16919, 16920, 16921, 307...... 18871 234...... 16127, 17765 1...... 16733 340...... 18871 16924, 16927, 16931, 16932, 235...... 16127, 17765 1308...... 17119 356...... 18871 16934, 16938, 16940, 16943, 236...... 16127, 17765 530...... 16288 Proposed Rules: 17124, 17128, 17131, 17134, 237...... 16127, 17765 531...... 16288 73...... 16321 17136, 17144, 17380, 18868, 238...... 16127, 17765 573...... 18268 18992, 18994 Proposed Rules: 239...... 16127, 17765 401...... 16542 63...... 16736 240...... 16127, 17765 22 CFR 403...... 16542 81 ...... 16740, 16938, 16940, 241...... 16127, 17765 Proposed Rules: 16943 404...... 16542 242...... 16127, 17765 96...... 16322 174...... 18226 243...... 16127, 17765 180 ...... 17146, 17563, 18230, 47 CFR 244...... 16127, 17765 29 CFR 18235, 18574, 18995, 19001 1...... 16297, 18580 270...... 16127, 17765 2510...... 16902 300...... 17151 22...... 17570 272...... 16127, 17765 4022...... 17938 423...... 19005 25...... 18580 386...... 17584 Proposed Rules: 54...... 16127, 16297 30 CFR Ch. I...... 17601, 17793 64...... 17754 Proposed Rules: 1241...... 18858 50...... 17947 73...... 18240, 18580 383...... 18096 Proposed Rules: 52 ...... 16770, 16772, 16980, 74...... 18240, 18580 391...... 18096 901...... 16975 16981, 17161, 17166, 17174, Proposed Rules: 392...... 18096 1202...... 16323, 16325 17175, 17405, 17948, 18268, 2...... 16777 395...... 18096 1206...... 16323, 16325 18272, 18881, 19011 22...... 17959 396...... 18096 58...... 17947 25...... 16777 Ch. VI...... 18096 33 CFR 60 ...... 16144, 16329, 16330, 36...... 16152 Ch. X...... 18275 100 ...... 16105, 17557, 17751, 16331 43...... 18090 1104...... 16550 18221, 18393, 18556, 18696, 68...... 16146 54...... 19014 1109...... 16550 18860, 18862 80...... 17597 63...... 18090 1111...... 16550 117 ...... 16105, 16106, 16735, 141...... 17406 64...... 17613 1114...... 16550 16918, 17124, 17560, 17561, 143...... 17406 73...... 17406 1130...... 16550 17939, 18088, 18223, 18989, 174...... 17175 48 CFR 18990 180...... 17175 50 CFR 165 ...... 16107, 16109, 16111, Ch. IV...... 17793 Proposed Rules: 16112, 16114, 16510, 17124, Ch. V...... 17793 816...... 16332 15...... 16522 17754, 17940, 18224, 18395, Ch. VI...... 17793 828...... 16332 17...... 16522, 16668 18558, 18696, 18865 Ch. VII...... 17793 852...... 16332 92...... 16298 167...... 16510 300 ...... 17382, 18581, 18704 183...... 16512 42 CFR 49 CFR 622...... 17387, 18400 Proposed Rules: 73...... 17569 107...... 18397 635 ...... 16136, 16478, 17765 100 ...... 16746, 17780, 17782 447...... 16114 171...... 18397 648...... 18706 117 ...... 18407, 18877, 18879 495...... 16741 192...... 17152 665...... 18716 165 ...... 16142, 16327, 16746, Proposed Rules: 209...... 16127, 17765 679 ...... 16306, 16540, 16742, 16976, 17782, 18725 409...... 16150 213...... 16127, 17765 16946, 16947, 18252 410...... 16150 214...... 16127, 17765 Proposed Rules: 34 CFR 418...... 16150 215...... 16127, 17765 17 ...... 16559, 16981, 18409 36...... 18559 440...... 16150 216...... 16127, 17765 648 ...... 17964, 18411, 18882

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

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