Vol. 84 Thursday, No. 60 March 28, 2019

Pages 11637–11878

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 60

Thursday, March 28, 2019

Agriculture Department Energy Department NOTICES See Federal Energy Regulatory Commission Request for Nominations: Members for the National Agricultural Research, Environmental Protection Agency Extension, Education, and Economics Advisory RULES Board, Specialty Crop Committee, Citrus Disease Air Quality State Implementation Plans; Approvals and Subcommittee, and National Genetic Resources Promulgations: Advisory Council, 11739–11741 Kentucky; Minor Sources Infrastructure Requirement for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS, Alcohol and Tobacco Tax and Trade Bureau 11652–11654 PROPOSED RULES North Dakota; Revisions to Air Pollution Control Rules, Modernization of the Labeling and Advertising Regulations 11646–11652 for Wine, Distilled Spirits, and Malt Beverages, 11687– PROPOSED RULES 11688 Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Arkansas; Regional Haze Five-Year Progress Report State Submissions, and Approvals, 11867–11872 Implementation Plan, 11697–11711 North Carolina; Revision to Permit Term for Non-Title V Centers for Disease Control and Prevention Air Quality Permits, 11695–11697 NOTICES Oklahoma; Regional Haze Five-Year Progress Report, Requests for Information: 11711–11723 National Firefighter Registry, 11798–11799 NOTICES Agency Information Collection Activities; Proposals, Centers for Medicare & Medicaid Services Submissions, and Approvals: NOTICES National Emission Standards for Hazardous Air Agency Information Collection Activities; Proposals, Pollutants for Asphalt Processing and Asphalt Submissions, and Approvals, 11799–11801 Roofing Manufacturing, 11781 NESHAP for Aluminum, Copper and Other Non-ferrous Civil Rights Commission Metals Foundries, 11780–11781 NOTICES Strategic Plan Information on Source Water Protection, Meetings: 11779–11780 New York Advisory Committee, 11741 Ohio Advisory Committee, 11741–11742 Federal Accounting Standards Advisory Board NOTICES Coast Guard Interpretation of Federal Financial Accounting Standards 8: PROPOSED RULES An Interpretation of Statement of Federal Financial Drawbridge Operations: Accounting Standards (SFFAS) 56, Classified River Rouge, Detroit, MI, 11694–11695 Activities, 11781–11782 Special Local Regulations: Sector Ohio Valley Annual and Recurring Special Local Federal Aviation Administration Regulations, Update, 11688–11694 RULES Airworthiness Directives: Commerce Department Dassault Aviation Airplanes, 11640–11641 See International Trade Administration International Aero Engines AG Turbofan Engines, 11642– See National Oceanic and Atmospheric Administration 11644 Pratt and Whitney Division Turbofan Engines, 11637– Defense Department 11640 NOTICES PROPOSED RULES Charter Renewals: Airworthiness Directives: Department of Defense Federal Advisory Committees, Bombardier, Inc., Airplanes, 11656–11658 11754–11755 Federal Advisory Committees, 11755 Federal Communications Commission PROPOSED RULES Education Department Initial 39 GHz Reconfiguration Procedures, 11723–11735 NOTICES Proposed Priorities for the Institute of Education Sciences, Federal Energy Regulatory Commission 11755–11757 NOTICES Combined Filings, 11757–11759 Employment and Training Administration Filings: NOTICES Hoosier Energy Rural Electric Coop., Inc., 11757–11758, Requests for Nominations: 11779 Native American Employment and Training Council, Inquiry Regarding the Commission’s Electric Transmission 11838–11839 Incentives Policy, 11759–11768

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Inquiry Regarding the Commission’s Policy for Determining Geological Survey Return on Equity, 11769–11777 NOTICES License Applications: Agency Information Collection Activities; Proposals, FFP Project 101, LLC, 11768–11769 Submissions, and Approvals: Meetings: Alaska Beak Deformity Observations, 11811–11812 Security Investments for Energy Infrastructure Technical Conference, 11777–11779 Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services Federal Housing Finance Agency See Food and Drug Administration NOTICES See National Institutes of Health Federal Home Loan Bank Community Support Program: See Substance Abuse and Mental Health Services Opportunity to Comment on Members Subject to Review, Administration 11782–11783 Homeland Security Department Federal Motor Carrier Safety Administration See Coast Guard NOTICES NOTICES Hours of Service of Drivers; Exemption Applications: Agency Information Collection Activities; Proposals, Electronic Logging Device Rule, 11863 Submissions, and Approvals: Parts and Accessories Necessary for Safe Operation; Homeland Security Acquisition Regulation Post-Award Exemption Application: Contract Information, 11809–11811 Charles Machine Works, Inc., 11862–11863 Charter Renewal: Laydon Composites, Ltd., 11858–11859 Critical Infrastructure Partnership Advisory Council, Qualification of Drivers; Exemption Applications: 11809 Epilepsy and Seizure Disorders, 11854–11856 Interior Department Hearing, 11856–11858 See Geological Survey Narcolepsy, 11863–11865 See National Park Service Vision, 11859–11862 See Office of Natural Resources Revenue

Federal Reserve System Internal Revenue Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Allocation of Consideration and Allocation and Recovery of Submissions, and Approvals, 11783–11798 Basis in Transactions Involving Corporate Stock or Formations of, Acquisitions by, and Mergers of Bank Securities: Holding Companies, 11783 Withdrawal, 11686–11687 Proposals to Engage in or to Acquire Companies Engaged in NOTICES Permissible Nonbanking Activities, 11783 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11872 Food and Drug Administration International Trade Administration RULES NOTICES Produce Safety: Antidumping or Countervailing Duty Investigations, Orders, Enforcement Policy for Entities Growing, Harvesting, or Reviews: Packing, or Holding Hops, Wine Grapes, Pulse Crops, Certain Corrosion-Resistant Steel Products from the and Almonds; Guidance for Industry; Availability, Republic of Korea, 11749–11751 11644–11646 Certain Steel Wheels from the People’s Republic of PROPOSED RULES China, 11744–11746 Mammography Quality Standards Act, 11669–11686 Determination of Sales at Less Than Fair Value: Uralkali PSJ: Certain Steel Wheels from the People’s Republic of Filing of Food Additive Petition, 11668–11669 China, 11746–11749 NOTICES Meetings: Charter Renewals: Advisory Committee on Supply Chain Competitiveness, Cellular, Tissue and Gene Therapies Advisory 11742 Committee, 11802 Scope Rulings, 11742–11743 Guidance: Pediatric Information Incorporated into Human International Trade Commission Prescription Drug and Biological Product Labeling, NOTICES 11805–11807 Antidumping or Countervailing Duty Investigations, Orders, Veterinary Feed Directive Regulation Questions and or Reviews: Answers, 11804–11805 Steel Racks from China, 11835–11838 Meetings: Meetings; Sunshine Act, 11834–11835 Reagan-Udall Foundation for the Food and Drug Administration, 11801–11802 Labor Department United States Food and Drug Administration and Health See Employment and Training Administration Canada Joint Regional Consultation on the International Council for Harmonisation of Technical National Archives and Records Administration Requirements for Pharmaceuticals for Human Use, NOTICES 11803–11804 Records Schedules, 11839–11840

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National Credit Union Administration Office of Natural Resources Revenue NOTICES NOTICES Meetings; Sunshine Act, 11840 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Highway Traffic Safety Administration Royalty and Production Reporting, 11827–11834 PROPOSED RULES Pipeline and Hazardous Materials Safety Administration Shoulder Belt Requirement for Side-Facing Seats on NOTICES Motorcoaches: Hazardous Materials: Hemphill Brothers Leasing Co.; Petition for Temporary Public Meetings in 2019 for International Standards on Exemption, 11735–11738 the Transport of Dangerous Goods, 11865–11866 National Institutes of Health Presidential Documents NOTICES PROCLAMATIONS Meetings: Israel, Golan Heights; U.S. Recognition as Part of the State Center for Scientific Review; Amendment, 11807 of Israel (Proc. 9852), 11873–11875 National Institute of Allergy and Infectious Diseases, ADMINISTRATIVE ORDERS 11807–11808 Defense and National Security: National Institute of Mental Health; Amendment, 11807– Cyber-Enabled Malicious Activities; Continuation of 11808 National Emergency (Notice of March 26, 2019), 11877 National Oceanic and Atmospheric Administration Securities and Exchange Commission RULES NOTICES Fisheries of the Exclusive Economic Zone off Alaska: Order Granting Petition for Review: Pollock in Statistical Area 610 in the Gulf of Alaska, BOX Exchange, LLC, 11850–11852 11655 Self-Regulatory Organizations; Proposed Rule Changes: Pacific Island Fisheries: MIAX PEARL, LLC, 11847–11850 Closure of the 2019 Hawaii Shallow-set Pelagic Longline Municipal Securities Rulemaking Board, 11841–11844 Fishery, 11654–11655 Nasdaq ISE, LLC, 11844–11847 NOTICES Agency Information Collection Activities; Proposals, Small Business Administration Submissions, and Approvals, 11751–11754 NOTICES Presidential Major Disaster Declaration for Public National Park Service Assistance Only: NOTICES Kansas, 11852–11853 Inventory Completion: Mississippi, 11852 Field Museum of Natural History, Chicago, IL, 11824– Presidential Major Disaster Declaration: 11825 Nebraska, 11852 Fowler Museum at University of California Los Angeles, Los Angeles, CA, 11817, 11823–11824 State Department Oregon State University, NAGPRA Office, Corvallis, OR, NOTICES 11826–11827 Agency Information Collection Activities; Proposals, Pueblo Grande Museum, Phoenix, AZ, 11820–11822 Submissions, and Approvals: Tennessee Department of Environment and Conservation, Application for Consular Report of Birth Abroad of a Division of Archaeology, Nashville, TN, 11819–11820 Citizen of the United States of America, 11853–11854 University of Alabama Museums, Tuscaloosa, AL, 11813– Charter Renewals: 11814 Advisory Committee on International Economic Policy, University of Alabama Museums, Tuscaloosa, AL; 11853 Correction, 11817–11819 Inventory Completions: Substance Abuse and Mental Health Services Fowler Museum at University of California Los Angeles, Administration Los Angeles, CA, 11815–11816 The Field Museum of Natural History, Chicago, IL, NOTICES 11825–11826 Meetings: Notice of Inventory Completion: Center for Substance Abuse Prevention, 11808–11809 The American Museum of Natural History, New York, Surface Transportation Board NY; Correction, 11820 NOTICES Repatriation of Cultural Items: Abandonment Exemption: Fowler Museum at University of California Los Angeles, Lehigh Valley Rail Management, LLC, Cambria County, Los Angeles, CA, 11814–11815, 11822 PA, 11854 The Field Museum, Chicago, IL, 11812–11813 Transportation Department National Science Foundation See Federal Aviation Administration NOTICES See Federal Motor Carrier Safety Administration Meetings: See National Highway Traffic Safety Administration Advisory Committee for Mathematical and Physical See Pipeline and Hazardous Materials Safety Sciences, 11840–11841 Administration

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PROPOSED RULES Separate Parts In This Issue Modernizing Payment of Denied Boarding Compensation, 11658–11668 Part II NOTICES Presidential Documents, 11873–11875, 11877 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Qualitative Feedback on Agency Service Reader Aids Delivery, 11866 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. Treasury Department See Alcohol and Tobacco Tax and Trade Bureau To subscribe to the Federal Register Table of Contents See Internal Revenue Service electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9852...... 11875 Administrative Orders: Notices: Notice of March 26, 2019 ...... 11877 14 CFR 39 (3 documents) ...... 11637, 11640, 11642 Proposed Rules: 39...... 11656 250...... 11658 21 CFR 112...... 11644 Proposed Rules: 573...... 11668 900...... 11669 26 CFR Proposed Rules: 1...... 11686 27 CFR Proposed Rules: 4...... 11687 5...... 11687 7...... 11687 14...... 11687 19...... 11687 33 CFR Proposed Rules: 100...... 11688 117...... 11694 40 CFR 52 (2 documents) ...... 11646, 11652 Proposed Rules: 52 (3 documents) ...... 11695, 11697, 11711 47 CFR Proposed Rules: 1...... 11723 30...... 11723 49 CFR Proposed Rules: 555...... 11735 50 CFR 665...... 11654 679...... 11655

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Rules and Regulations Federal Register Vol. 84, No. 60

Thursday, March 28, 2019

This section of the FEDERAL REGISTER ADDRESSES: For service information require initial and repetitive inspections contains regulatory documents having general identified in this final rule, contact Pratt of the affected fuel nozzles and fuel applicability and legal effect, most of which & Whitney Division, 400 Main St., East nozzle supply manifold assemblies, are keyed to and codified in the Code of Hartford, CT 06108; phone: 860–565– replacement of the affected fuel nozzles Federal Regulations, which is published under 8770; fax: 860–565–4503. You may view with parts eligible for installation, and 50 titles pursuant to 44 U.S.C. 1510. this service information at the FAA, the installation of new brackets and The Code of Federal Regulations is sold by Engine and Propeller Standards Branch, clamps on the fuel nozzle supply the Superintendent of Documents. 1200 District Avenue, Burlington, MA manifold assemblies. We are issuing this 01803. For information on the AD to address the unsafe condition on availability of this material at the FAA, these products. DEPARTMENT OF TRANSPORTATION call 781–238–7759. It is also available Comments on the internet at http:// Federal Aviation Administration www.regulations.gov by searching for We gave the public the opportunity to and locating Docket No. FAA–2018– participate in developing this AD. The 14 CFR Part 39 0920. following presents the comments received on the NPRM and the FAA’s [Docket No. FAA–2018–0920; Product Examining the AD Docket response to each comment. Identifier 2016–NE–09–AD; Amendment 39– You may examine the AD docket on 19605; AD 2019–06–07] Request To Identify Causes of Fuel the internet at http:// Leaks RIN 2120–AA64 www.regulations.govby searching for and locating Docket No. FAA–2018– PW requested that we identify the two Airworthiness Directives; Pratt & 0920; or in person at Docket Operations potential causes of the fuel leaks, cracks Whitney Division Turbofan Engines between 9 a.m. and 5 p.m., Monday in the fuel nozzle braze joint and cracks through Friday, except Federal holidays. in the fuel manifold tube adjacent to the AGENCY: Federal Aviation The AD docket contains this final rule, elbow fitting, in the ‘‘Actions Since Administration (FAA), DOT. the regulatory evaluation, any 2016–22–05 Was Issued’’ paragraph of ACTION: Final rule. comments received, and other the NPRM. information. The address for Docket We agree that updating the ‘‘Actions SUMMARY: We are superseding Operations (phone: 800–647–5527) is Since 2016–22–05 Was Issued’’ Airworthiness Directive (AD) 2016–22– U.S. Department of Transportation, paragraph based on the request would 05 for certain Pratt & Whitney Division Docket Operations, M–30, West better identify the two potential causes (PW) PW4164, PW4164–1D, PW4168, Building Ground Floor, Room W12–140, of the fuel leaks. We did not update the PW4168–1D, PW4168A, PW4168A–1D, 1200 New Jersey Avenue SE, ‘‘Actions Since AD 2017–20–01 Was and PW4170 model turbofan engines. Washington, DC 20590. Issued’’ paragraph, however, because this language is not included in this AD 2016–22–05 required initial and FOR FURTHER INFORMATION CONTACT: final rule. Instead, we updated the repetitive inspections of the affected Scott Hopper, Aerospace Engineer, ECO Discussion paragraph to identify the two fuel nozzles and their replacement with Branch, FAA, 1200 District Avenue, potential causes of the leaks. parts eligible for installation. This AD Burlington, MA 01803; phone: 781– requires initial and repetitive 238–7154; fax: 781–238–7199; email: Request To Correct Acronym inspections of the affected fuel nozzles [email protected]. Typographical Error and fuel nozzle supply manifold SUPPLEMENTARY INFORMATION: assemblies, replacement of the affected PW and Delta Air Lines (Delta) fuel nozzles with parts eligible for Discussion requested that we correct the acronym for the ring case compressor from installation, and the installation of new We issued a notice of proposed brackets and clamps on the fuel nozzle ‘‘RRC’’ to ‘‘RCC’’ in the Applicability rulemaking (NPRM) to amend 14 CFR paragraph of this AD. supply manifold assemblies. This AD part 39 to supersede AD 2016–22–05, was prompted by several instances of We agree and corrected the acronym Amendment 39–18694 (81 FR 75686, in this AD. fuel leaks on PW engines with the Talon November 1, 2016), (‘‘AD 2016–22–05’’). IIB combustion chamber configuration AD 2016–22–05 applied to certain PW Request To Update the Labor Work installed. We are issuing this AD to PW4164, PW4164–1D, PW4168, Hours address the unsafe condition on these PW4168–1D, PW4168A, PW4168A–1D, Delta requested that we update the 16 products. and PW4170 model turbofan engines. labor work-hours identified in the DATES: This AD is effective May 2, 2019. The NPRM published in the Federal ‘‘Estimated costs’’ table of this AD to The Director of the Federal Register Register on November 19, 2018 (83 FR match the 40 man-hours identified in approved the incorporation by reference 58194). The NPRM was prompted by the Manpower paragraph of Pratt & of certain publications listed in this AD several instances of fuel leaks on PW Whitney Service Bulletin (SB) PW4G– as of May 2, 2019. engines with the Talon IIB combustion 100–73–48, Revision No. 1, dated April The Director of the Federal Register chamber configuration installed. The 24, 2018. approved the incorporation by reference fuel leaks were the result of cracks in We disagree. Like the service of a certain other publication listed in the fuel nozzle braze joint and cracks in information, the ‘‘Estimated costs’’ table this AD as of December 6, 2016 (81 FR the fuel manifold tube adjacent to the of this AD separates the cost of the 75686, November 1, 2016). elbow fitting. The NPRM proposed to actions. The 16 work-hours of this AD

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reflects only replacing the fuel nozzle We disagree that it is necessary to Request To Remove Wording From supply manifold assemblies and publish a separate AD to mandate Terminating Action Paragraph installing the new clamps and brackets. replacement of the fuel nozzle supply PW and Delta requested that we These work hours do not reflect any manifold assemblies and installation of update the Terminating Action additional actions, such as opening and new brackets and clamps. As noted paragraph of this AD to remove the closing the cowl doors or using the above, however, we have revised this replacement of the manifold supply Aircraft Maintenance Manual (AMM). AD by creating a separate paragraph assemblies and installation of the We did not change this AD. (g)(3) to clarify the requirement for brackets and clamps. Delta noted that Request To Clarify the Applicability replacement of the fuel nozzle supply the fuel nozzle and fuel nozzle supply Paragraph manifold assemblies, and the manifold assembly failure modes as SR Technics Switzerland Ltd. (SR installation of new brackets and clamps. described by their respective Pratt & Technics) requested that we update Whitney SBs PW4G–100–A73–47 and Request To Revise the Compliance PW4G–100–73–48 are not the same. The paragraphs (c)(1) to (4) of this AD to Time include the phrase ‘‘that have SB commenters further reasoned that the PW4G–100–73–48 Rev. 1 not fully PW commented that it disagreed with repetitive inspections specified in introduced.’’ SR Technics expressed the compliance time proposed in the paragraph (g)(1) of the NPRM apply only concern that operators who have NPRM. For replacement of the fuel to the fuel nozzle. replaced the fuel nozzle with an eligible nozzles, PW requested that we revise We agree. We removed the replacement of the manifold supply part may not comply with the additional the compliance time from 24 months assemblies and installation of the requirement to replace fuel nozzle after the effective date of this AD, as supply manifold assemblies and install brackets and clamps as terminating proposed in the NPRM, to April 1, 2019. actions for this AD. new brackets and clamps. This revised compliance time would PW and Delta requested that we match the compliance time in Pratt & Request To Correct the Part clarify that engines that have already Terminology for Consistency replaced fuel nozzle part number (P/N) Whitney ASB PW4G–100–A73–47, 51J345 per Pratt & Whitney Alert dated March 10, 2017. PW reasoned that Delta noted that we used the term Service Bulletin (ASB) PW4G–100– the majority of the fleet is adhering to ‘‘fuel nozzle manifold supply A73–47, dated March 10, 2017, only the April 1, 2019, compliance time and assemblies’’ and ‘‘fuel supply have to complete the replacement of the extending the compliance to 24 months manifolds’’ in the NPRM and requested fuel nozzle supply manifold assemblies, is too lenient. that the term ‘‘fuel nozzle supply and the installation of new brackets and We disagree. The PW safety risk manifold assembly’’ be used to be clamps on the fuel nozzle supply assessment for this AD supports a consistent with the service information. manifold assemblies per Pratt & compliance time of 24-months after the We agree. We revised this AD to refer Whitney SB PW4G–100–73–48, effective date of this AD for replacement to ‘‘fuel nozzle supply manifold Revision No. 1, dated April 24, 2018. of the fuel nozzles. Although certain assembly.’’ We partially agree. We disagree with operators may comply by April 1, 2019, Request To Separate Required Actions including the phrase suggested by SR the 24-months compliance time meets To Allow Alternate Tool Technics in the Applicability of this AD the safety intent of this AD. We did not Delta requested that we separate the because we found it clearer to move the change this AD. requirement to a separate paragraph. We actions identified in paragraph (g)(2)(ii) agree with clarifying that engines with PW also requested that we revise the of the NPRM (paragraph (g)(3) of this the new fuel nozzles installed only compliance time to install the fuel AD), into two steps: 1. Replace the fuel require the installation of the new fuel nozzle supply manifold assembly, nozzle supply manifold assemblies, and nozzle supply manifold assemblies, brackets, and clamps to the next shop 2. Install the new brackets and clamps brackets, and clamps. We revised this visit, not to exceed September 30, 2024, on the fuel nozzle supply manifold AD by moving the requirement to whichever occurs first. This compliance assemblies. Delta reasoned that this AD replace the fuel nozzle supply manifold time would also be consistent with Pratt specifies using service information that assemblies and to install new brackets & Whitney SB PW4G–100–73–48, will only allow the use of a backup and clamps from paragraph (g)(2)(ii) in Revision No. 1, dated April 24, 2018. wrench to install the fuel nozzle supply the NPRM into a separate paragraph PW reasoned that after further analysis, manifold assemblies. Delta and PW, (g)(3) in this AD. including reassessment of the risk however, have developed an alternate tool to install the fuel nozzle supply Request To Publish a Separate AD associated with the vibratory stress cracking of the manifolds, they will manifold assemblies to reduce the risk Delta requested that we publish a publish a revision to their service of over-torqueing. separate AD for the replacement of the information. We disagree. While the service fuel nozzle supply manifold assemblies, information references a backup and the installation of new brackets and We agree. PW’s analysis and updated wrench, it does not specify the P/N of clamps on the fuel nozzle supply safety risk support extending the the tool to use. Therefore, 14 CFR part manifold assemblies per Pratt & compliance time to replace the fuel 43 allows for the use of alternate, FAA- Whitney SB PW4G–100–73–48, nozzle supply manifold assembly, approved, tools. We did not change this Revision No. 1, dated April 24, 2018. brackets, and clamps. We revised this AD. Delta indicated that per the requirement from ‘‘At the next shop Applicability paragraph of this visit or within 24 months after the Request To Allow Use of Later proposed rule, engines that have already effective date of this AD, whichever Revisions of Service Information met the intent of PW ASB PW4G–100– comes first. . . .’’ to ‘‘At the next shop Delta requested that we add the A73–47 and therefore do not have fuel visit or within 60 months after the phrase ‘‘or later per subsequent SBs’’ to nozzle P/N 51J345 installed are not effective date of this AD, whichever paragraph (h)(2) of this AD to remove applicable. comes first. . . .’’ the need to submit alternative methods

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of compliance requests in response to and minor editorial changes. We have 45 describes procedures for inspecting future redesigns of the fuel nozzles. determined that these minor changes: and replacing the fuel nozzles. Pratt & We disagree. We are authorized to • Are consistent with the intent that Whitney ASB PW4G–100–A73–47 require the use of service information was proposed in the NPRM for describes procedures for replacing the that we have reviewed and which are addressing the unsafe condition; and fuel nozzle and support assembly. Pratt published. Since later revisions of the • Do not add any additional burden & Whitney SB PW4G–100–73–48 service information are not yet upon the public than was already describes procedures for replacing the published, we are not authorized to proposed in the NPRM. fuel nozzle supply manifold assemblies require their use. We did not change We also determined that these and installing new brackets and clamps this AD. changes will not increase the economic on the manifolds. This service burden on any operator or increase the information is reasonably available Support for the AD scope of this AD. because the interested parties have The Air Line Pilots Association access to it through their normal course Related Service Information Under 1 expressed support for the NPRM as of business or by the means identified CFR Part 51 written. in the ADDRESSES section. We reviewed Pratt & Whitney ASB Conclusion PW4G–100–A73–45, dated February 16, Costs of Compliance We reviewed the relevant data, 2016; Pratt & Whitney ASB PW4G–100– We estimate that this AD affects 72 considered the comments received, and A73–47, dated March 10, 2017; and engines installed on airplanes of U.S. determined that air safety and the Pratt & Whitney SB PW4G–100–73–48, registry. public interest require adopting this AD Revision No. 1, dated April 24, 2018. We estimate the following costs to with the changes described previously Pratt & Whitney ASB PW4G–100–A73– comply with this AD:

ESTIMATED COSTS

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

Inspect fuel nozzles ...... 2.2 work-hours × $85 per hour = $187 ...... $0 $187 $13,464 Open and close cowl doors (on-wing) ...... 1 work-hour × $85 per hour = $85 ...... 0 85 6,120 Remove and replace (24) fuel nozzles ...... 48 work-hours × $85 per hour = $4,080 ...... 423,471 427,551 30,783,672 Remove and re-install necessary hardware 23 work-hours × $85 per hour = $1,955 ...... 0 1,955 140,760 according to AMM. Replace Fuel Nozzle Supply Manifold Assem- 16 work-hours × $85 per hour = $1,360 ...... 77,159 78,519 5,653,368 blies and install new clamps/brackets.

Authority for This Rulemaking period, the Executive Director has List of Subjects in 14 CFR Part 39 delegated the authority to issue ADs Title 49 of the United States Code Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue applicable to engines, propellers, and associated appliances to the Manager, safety, Incorporation by reference, rules on aviation safety. Subtitle I, Safety. Section 106, describes the authority of Engine and Propeller Standards Branch, the FAA Administrator. Subtitle VII, Policy and Innovation Division. Adoption of the Amendment Aviation Programs, describes in more Regulatory Findings detail the scope of the Agency’s Accordingly, under the authority authority. We have determined that this AD will delegated to me by the Administrator, We are issuing this rulemaking under not have federalism implications under the FAA amends 14 CFR part 39 as the authority described in Subtitle VII, Executive Order 13132. This AD will follows: Part A, Subpart III, Section 44701, not have a substantial direct effect on the States, on the relationship between PART 39—AIRWORTHINESS ‘‘General requirements.’’ Under that DIRECTIVES section, Congress charges the FAA with the national government and the States, promoting safe flight of civil aircraft in or on the distribution of power and ■ 1. The authority citation for part 39 air commerce by prescribing regulations responsibilities among the various continues to read as follows: for practices, methods, and procedures levels of government. the Administrator finds necessary for For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. safety in air commerce. This regulation certify that this AD: § 39.13 [Amended] is within the scope of that authority (1) Is not a ‘‘significant regulatory because it addresses an unsafe condition action’’ under Executive Order 12866, ■ 2. The FAA amends § 39.13 by that is likely to exist or develop on (2) Is not a ‘‘significant rule’’ under removing Airworthiness Directive (AD) products identified in this rulemaking DOT Regulatory Policies and Procedures 2016–22–05, Amendment 39–18694 (81 action. (44 FR 11034, February 26, 1979), FR 75686, November 1, 2016), and This AD is issued in accordance with adding the following new AD: authority delegated by the Executive (3) Will not affect intrastate aviation Director, Aircraft Certification Service, in Alaska, and 2019–06–07 Pratt & Whitney Division: Amendment 39–19605; Docket No. as authorized by FAA Order 8000.51C. (4) Will not have a significant FAA–2018–0920; Product Identifier In accordance with that order, issuance economic impact, positive or negative, 2016–NE–09–AD. of ADs is normally a function of the on a substantial number of small entities Compliance and Airworthiness under the criteria of the Regulatory (a) Effective Date Division, but during this transition Flexibility Act. This AD is effective May 2, 2019.

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(b) Affected ADs Alert Service Bulletin (ASB) PW4G–100– (l) Material Incorporated by Reference This AD replaces AD 2016–22–05, A73–45, dated February 16, 2016. (1) The Director of the Federal Register Amendment 39–18694 (81 FR 75686, (ii) For any fuel nozzle that fails the approved the incorporation by reference November 1, 2016). inspection, before further flight, remove and (IBR) of the service information listed in this replace with a part that is eligible for paragraph under 5 U.S.C. 552(a) and 1 CFR (c) Applicability installation. part 51. This AD applies to Pratt & Whitney (2) At the next shop visit or within 24 (2) You must use this service information Division (PW): months after the effective date of this AD, as applicable to do the actions required by (1) PW4164, PW4168, and PW4168A whichever occurs first, remove all fuel this AD, unless the AD specifies otherwise. model turbofan engines that have fuel nozzles, P/N 51J345, in accordance with Part (3) The following service information was nozzles, part number (P/N) 51J345, installed, A, of Pratt & Whitney ASB PW4G–100–A73– approved for IBR on May 2, 2019. and that have any of the following installed: 47, dated March 10, 2017, and replace with (i) Pratt & Whitney Alert Service Bulletin Talon IIB combustion chamber per Pratt & parts eligible for installation. (ASB) PW4G–100–A73–47, dated March 10, (3) At the next shop visit or within 60 Whitney Service Bulletin (SB) PW4G–100– 2017; and months after the effective date of this AD, 72–214, dated December 15, 2011; ring case (ii) Pratt & Whitney Service Bulletin whichever comes first, replace the fuel configuration (RCC) high-pressure PW4G–100–73–48, Revision No. 1, dated nozzle supply manifold assemblies and compressor (HPC) per Pratt & Whitney SB April 24, 2018. install the new brackets and clamps on the PW4G–100–72–219, Revision No. 1, dated (4) The following service information was fuel nozzle supply manifold assembly in October 5, 2011, or original issue; or the approved for IBR on December 6, 2016. outer combustion chamber assembly accordance with Accomplishment (i) Pratt & Whitney ASB PW4G–100–A73– waspaloy nuts per Pratt & Whitney SB Instructions, ‘‘For Engines Installed on 45, dated February 16, 2016. PW4G–100–72–253, dated November 24, Aircraft’’ or ‘‘For Engines Not Installed on (ii) [Reserved] 2014; Aircraft,’’ of Pratt & Whitney SB PW4G–100– (5) For Pratt & Whitney service information (2) PW4168A model engines with Talon 73–48, Revision No. 1, dated April 24, 2018. identified in this AD, contact Pratt & Whitney IIA outer combustion chamber assembly, (h) Definitions Division, 400 Main St., East Hartford, CT P/N 51J100 or 51J382, and fuel nozzles, P/N 06108; phone: 860–565–8770; fax: 860–565– 51J345, installed; (1) For the purpose of this AD, an ‘‘engine (3) PW4168A–1D and PW4170 model shop visit’’ is the induction of an engine into 4503. engines with engine serial numbers P735001 the shop for maintenance involving the (6) You may view this service information through P735190, inclusive, and fuel nozzles, separation of pairs of major mating engine at FAA, Engine and Propeller Standards P/N 51J345, installed; case flanges, except for the following Branch, 1200 District Avenue, Burlington, (4) PW4164–1D, PW4168–1D, PW4168A– situations, which do not constitute an engine MA 01803. For information on the 1D, and PW4170 model turbofan engines that shop visit: availability of this material at the FAA, call have installed the RCC HPC per Pratt & (i) Separation of engine flanges solely for 781–238–7759. Whitney SB PW4G–100–72–220, Revision the purposes of transportation of the engine (7) You may view this service information No. 4, dated September 30, 2011, or earlier without subsequent maintenance. that is incorporated by reference at the revision, and have fuel nozzles, P/N 51J345, (ii) Separation of engine flanges solely for National Archives and Records installed; and the purpose of replacing the fan or propulsor Administration (NARA). For information on (5) PW4164, PW4164–1D, PW4168, without subsequent engine maintenance. the availability of this material at NARA, call PW4168–1D, PW4168A, PW4168A–1D, and (2) For the purpose of this AD, a part that 202–741–6030, or go to: http:// PW4170 model turbofan engines with fuel is ‘‘eligible for installation’’ is a fuel nozzle www.archives.gov/federal-register/cfr/ibr- nozzle, P/N 51J398, installed, that have not with a P/N other than 51J345 that is FAA- locations.html. installed the replacement fuel nozzle supply approved for installation. Issued in Burlington, Massachusetts, on manifold assemblies, and new brackets and (i) Terminating Action March 22, 2019. clamps on the fuel nozzle supply manifold Karen M. Grant, assemblies per Pratt & Whitney SB PW4G– Installation of the eligible fuel nozzles 100–73–48, Revision No. 1, dated April 24, constitutes terminating action for the Acting Manager, Engine and Propeller 2018. repetitive inspection requirements of Standards Branch, Aircraft Certification paragraph (g)(1) of this AD. Service. (d) Subject (j) Alternative Methods of Compliance [FR Doc. 2019–05905 Filed 3–27–19; 8:45 am] Joint Aircraft System Component (JASC) (AMOCs) BILLING CODE 4910–13–P Code 7310, Engine Fuel Distribution. (1) The Manager, ECO Branch, FAA, has (e) Unsafe Condition the authority to approve AMOCs for this AD, This AD was prompted by several if requested using the procedures found in 14 DEPARTMENT OF TRANSPORTATION instances of fuel leaks on PW engines with CFR 39.19. In accordance with 14 CFR 39.19, the Talon IIB combustion chamber send your request to your principal inspector Federal Aviation Administration configuration installed. We are issuing this or local Flight Standards District Office, as AD to prevent failure of the fuel nozzles. The appropriate. If sending information directly 14 CFR Part 39 to the manager of the certification office, unsafe condition, if not addressed, could [Docket No. FAA–2018–1010; Product result in engine fire and damage to the send it to the attention of the person Identifier 2018–NM–148–AD; Amendment airplane. identified in paragraph (k) of this AD. You may email your request to: ANE-AD-AMOC@ 39–19596; AD 2019–05–14] (f) Compliance faa.gov. RIN 2120–AA64 Comply with this AD within the (2) Before using any approved AMOC, compliance times specified, unless already notify your appropriate principal inspector, Airworthiness Directives; Dassault done. or lacking a principal inspector, the manager Aviation Airplanes of the local flight standards district office/ (g) Required Actions certificate holding district office. AGENCY: Federal Aviation (1) Within 800 flight hours (FHs) after (k) Related Information Administration (FAA), Department of December 6, 2016 (the effective date of AD Transportation (DOT). 2016–22–05), or before further flight, For more information about this AD, whichever occurs later, and after that within contact Scott Hopper, Aerospace Engineer, ACTION: Final rule; removal of every 800 FHs accumulated on the fuel ECO Branch, FAA, 1200 District Avenue, Airworthiness Directive (AD). nozzles, perform the following: Burlington, MA 01803; phone: 781–238– (i) Inspect all fuel nozzles, P/N 51J345, in 7154; fax: 781–238–7199; email: SUMMARY: We are removing AD 2012– accordance with Part A of Pratt & Whitney [email protected]. 02–18, which applied to all Dassault

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Aviation Model MYSTERE–FALCON 50 on the determination of the cost to the 3. Will not affect intrastate aviation in airplanes. AD 2012–02–18 required public. Alaska; and revising the maintenance program to Conclusion 4. Will not have a significant include revised airworthiness economic impact, positive or negative, We reviewed the relevant data and limitations. We issued AD 2012–02–18 on a substantial number of small entities to address cracking of the flap tracks, determined that air safety and the under the criteria of the Regulatory which could lead to flap asymmetry and public interest require adopting this AD Flexibility Act. loss of control of the airplane. Since we as proposed except for minor editorial issued AD 2012–02–18, we have issued changes. We have determined that these List of Subjects in 14 CFR Part 39 AD 2017–09–03 to address the unsafe minor changes: condition. Accordingly, AD 2012–02–18 • Are consistent with the intent that Air transportation, Aircraft, Aviation is removed. was proposed in the NPRM for safety, Incorporation by reference, addressing the unsafe condition; and DATES: Safety. This AD becomes effective • Do not add any additional burden March 28, 2019. upon the public than was already Adoption of the Amendment ADDRESSES: proposed in the NPRM. Accordingly, under the authority Examining the AD Docket Authority for This Rulemaking delegated to me by the Administrator, You may examine the AD docket on Title 49 of the United States Code the FAA amends 14 CFR part 39 as the internet at http:// specifies the FAA’s authority to issue follows: www.regulations.gov by searching for rules on aviation safety. Subtitle I, and locating Docket No. FAA–2018– section 106, describes the authority of PART 39—AIRWORTHINESS 1010; or in person at Docket Operations the FAA Administrator. ‘‘Subtitle VII: DIRECTIVES between 9 a.m. and 5 p.m., Monday Aviation Programs,’’ describes in more through Friday, except Federal holidays. detail the scope of the Agency’s ■ 1. The authority citation for part 39 The AD docket contains this AD, the authority. continues to read as follows: regulatory evaluation, any comments We are issuing this rulemaking under Authority: 49 U.S.C. 106(g), 40113, 44701. received, and other information. The the authority described in ‘‘Subtitle VII, address for Docket Operations Part A, Subpart III, Section 44701: § 39.13 [Amended] (telephone 800–647–5527) is U.S. General requirements.’’ Under that ■ Department of Transportation, Docket section, Congress charges the FAA with 2. The FAA amends § 39.13 by Operations, M–30, West Building promoting safe flight of civil aircraft in removing Airworthiness Directive (AD) Ground Floor, Room W12–140, 1200 air commerce by prescribing regulations 2012–02–18, Amendment 39–16941 (77 New Jersey Avenue SE, Washington, DC for practices, methods, and procedures FR 12175, February 29, 2012), and 20590. the Administrator finds necessary for adding the following new AD: FOR FURTHER INFORMATION CONTACT: Tom safety in air commerce. This regulation 2019–05–14 Dassault Aviation: Rodriguez, Aerospace Engineer, is within the scope of that authority. Amendment 39–19596; Docket No. International Section, Transport This AD is issued in accordance with FAA–2018–1010; Product Identifier Standards Branch, FAA, 2200 South authority delegated by the Executive 2018–NM–148–AD. Director, Aircraft Certification Service, 216th St., Des Moines, WA 98198; (a) Effective Date telephone and fax 206–231–3226. as authorized by FAA Order 8000.51C. In accordance with that order, issuance This AD becomes effective March 28, 2019. SUPPLEMENTARY INFORMATION: of ADs is normally a function of the (b) Affected ADs Discussion Compliance and Airworthiness Division, but during this transition This AD removes AD 2012–02–18, We issued a notice of proposed period, the Executive Director has Amendment 39–16941 (77 FR 12175, rulemaking (NPRM) to amend 14 CFR delegated the authority to issue ADs February 29, 2012). part 39 by removing AD 2012–02–18, applicable to transport category (c) Applicability Amendment 39–16941 (77 FR 12175, airplanes and associated appliances to February 29, 2012) (‘‘AD 2012–02–18’’). This AD applies to Dassault Aviation the Director of the System Oversight Model MYSTERE–FALCON 50 airplanes, all AD 2012–02–18 applied to all Dassault Division. Aviation Model MYSTERE–FALCON 50 serial numbers, certificated in any category. airplanes. The NPRM published in the Regulatory Findings (d) Related Information Federal Register on December 28, 2018 We determined that this AD will not For more information about this AD, (83 FR 67155). The NPRM was have federalism implications under contact Tom Rodriguez, Aerospace Engineer, prompted by a determination that AD Executive Order 13132. This AD will International Section, Transport Standards 2012–02–18 is no longer necessary not have a substantial direct effect on Branch, FAA, 2200 South 216th St., Des because we have since issued AD 2017– the States, on the relationship between Moines, WA 98198; telephone and fax 206– 09–03, Amendment 39–18865 (82 FR the national government and the States, 231–3226. 21467, May 9, 2017) to address the or on the distribution of power and unsafe condition. The NPRM proposed responsibilities among the various Issued in Des Moines, Washington, on to remove AD 2012–02–18. We are levels of government. March 18, 2019. issuing this AD to remove AD 2012–02– For the reasons discussed above, I Michael Kaszycki, 18. certify that this AD: Acting Director, System Oversight Division, 1. Is not a ‘‘significant regulatory Aircraft Certification Service. Comments action’’ under Executive Order 12866; [FR Doc. 2019–05890 Filed 3–27–19; 8:45 am] We gave the public the opportunity to 2. Is not a ‘‘significant rule’’ under the BILLING CODE 4910–13–P participate in developing this AD. We DOT Regulatory Policies and Procedures received no comments on the NPRM or (44 FR 11034, February 26, 1979);

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DEPARTMENT OF TRANSPORTATION You may view this service information and determined the unsafe condition at the FAA, Engine and Propeller described previously is likely to exist or Federal Aviation Administration Standards Branch, 1200 District develop in other products of the same Avenue, Burlington, MA 01803. For type design. 14 CFR Part 39 information on the availability of this AD Requirements [Docket No. FAA–2019–0151; Product material at the FAA, call 781–238–7759. Identifier 2019–NE–04–AD; Amendment 39– It is also available on the internet at This AD requires initial and repetitive 19604; AD 2019–06–06] http://www.regulations.gov by searching BSI of the diffuser case M-flange and, if for and locating Docket No. FAA–2019– it fails the inspection, replacement of RIN 2120–AA64 0151. the diffuser case with a part eligible for installation. Airworthiness Directives; International Examining the AD Docket Aero Engines AG Turbofan Engines You may examine the AD docket on FAA’s Justification and Determination of the Effective Date AGENCY: Federal Aviation the internet at http:// Administration (FAA), DOT. www.regulations.gov by searching for An unsafe condition exists that ACTION: Final rule; request for and locating Docket No. FAA–2019– requires the immediate adoption of this comments. 0151; or in person at Docket Operations AD without providing an opportunity between 9 a.m. and 5 p.m., Monday for public comments prior to adoption. SUMMARY: We are adopting a new through Friday, except Federal holidays. The FAA has found that the risk to the airworthiness directive (AD) for all The AD docket contains this final rule, flying public justifies waiving notice International Aero Engines AG (IAE) the regulatory evaluation, any and comment prior to adoption of this V2500 turbofan engine models. This AD comments received, and other rule because certain IAE V2500 turbofan requires initial and repetitive borescope information. The street address for the engine models require inspection within inspections (BSIs) of the diffuser case Docket Operations (phone: 800–647– 250 cycles to prevent rupture of the M-flange and, if it fails the inspection, 5527) is listed above. Comments will be diffuser case and damage to the engine. replacement of the diffuser case with a available in the AD docket shortly after Therefore, we find good cause that part eligible for installation. This AD receipt. notice and opportunity for prior public was prompted by a crack found at the FOR FURTHER INFORMATION CONTACT: comment are impracticable. In addition, diffuser case M-flange during overhaul Barbara Caufield, Aerospace Engineer, for the reason stated above, we find that inspection. We are issuing this AD to ECO Branch, FAA, 1200 District good cause exists for making this address the unsafe condition on these Avenue, Burlington, MA 01803; phone: amendment effective in less than 30 products. 781–238–7146; fax: 781–238–7199; days. DATES: This AD is effective April 12, email: [email protected]. Comments Invited 2019. SUPPLEMENTARY INFORMATION: The Director of the Federal Register This AD is a final rule that involves approved the incorporation by reference Discussion requirements affecting flight safety and of a certain publication listed in this AD We received a report that a crack at was not preceded by notice and an as of April 12, 2019. the diffuser case M-flange was found opportunity for public comment. We must receive comments on this during overhaul inspection. Analysis by However, we invite you to send any AD by May 13, 2019. IAE found that the cracks were a result written data, views, or arguments about ADDRESSES: You may send comments, of pressure loads in the case wall this final rule. Send your comments to using the procedures found in 14 CFR combined with thermal gradients in the an address listed under the ADDRESSES 11.43 and 11.45, by any of the following M-flange. This condition, if not section. Include the docket number methods: addressed, could result in uncontained FAA–2019–0151 and Product Identifier • Federal eRulemaking Portal: Go to diffuser case rupture, damage to the 2019–NE–04–AD at the beginning of http://www.regulations.gov. Follow the engine, and damage to the airplane. We your comments. We specifically invite instructions for submitting comments. are issuing this AD to address the unsafe comments on the overall regulatory, • Fax: 202–493–2251. condition on these products. economic, environmental, and energy • Mail: U.S. Department of aspects of this final rule. We will Transportation, Docket Operations, Related Service Information Under 1 consider all comments received by the M–30, West Building Ground Floor, CFR Part 51 closing date and may amend this final Room W12–140, 1200 New Jersey We reviewed IAE Alert Non- rule because of those comments. Avenue SE, Washington, DC 20590. Modification Service Bulletin (NMSB) We will post all comments we • Hand Delivery: U.S. Department of V2500–ENG–72–A0706, dated February receive, without change, to http:// Transportation, Docket Operations, 14, 2019. The NMSB describes www.regulations.gov, including any M–30, West Building Ground Floor, procedures for inspecting the diffuser personal information you provide. We Room W12–140, 1200 New Jersey case M-flange. This service information will also post a report summarizing each Avenue SE, Washington, DC 20590, is reasonably available because the substantive verbal contact we receive between 9 a.m. and 5 p.m., Monday interested parties have access to it about this final rule. through Friday, except Federal holidays. through their normal course of business Costs of Compliance For service information identified in or by the means identified in the this final rule, contact International ADDRESSES section. We estimate that this AD affects 1,654 Aero Engines AG, 400 Main Street, East engines installed on airplanes of U.S. Hartford, CT 06118; phone: 800–565– FAA’s Determination registry. 0140; email: [email protected]; We are issuing this AD because we We estimate the following costs to internet: http://fleetcare.pw.utc.com. evaluated all the relevant information comply with this AD:

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ESTIMATED COSTS

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

Borescope inspection ...... 1.8 work-hours × $85 per hour = $153 ...... $0 $153 $253,062

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement of the diffuser case ...... 20 work-hours × $85 per hour = $1,700 ...... $48,300 $50,000

Authority for This Rulemaking the relationship between the national FAA–2019–0151; Product Identifier 2019–NE–04–AD. Title 49 of the United States Code government and the States, or on the specifies the FAA’s authority to issue distribution of power and (a) Effective Date rules on aviation safety. Subtitle I, responsibilities among the various This AD is effective April 12, 2019. levels of government. section 106, describes the authority of (b) Affected ADs the FAA Administrator. ‘‘Subtitle VII: For the reasons discussed above, I Aviation Programs’’ describes in more certify that this AD: None. detail the scope of the Agency’s (1) Is not a ‘‘significant regulatory (c) Applicability authority. action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under This AD applies to International Aero We are issuing this rulemaking under Engines AG (IAE) V2500–A1, V2522–A5, the authority described in Subtitle VII, DOT Regulatory Policies and Procedures V2524–A5, V2525–D5, V2527–A5, V2527E– Part A, Subpart III, Section 44701: (44 FR 11034, February 26, 1979), A5, V2527M–A5, V2528–D5, V2530–A5, ‘‘General requirements.’’ Under that (3) Will not affect intrastate aviation V2533–A5 turbofan engines. section, Congress charges the FAA with in Alaska, and (4) Will not have a significant (d) Subject promoting safe flight of civil aircraft in Joint Aircraft System Component (JASC) air commerce by prescribing regulations economic impact, positive or negative, on a substantial number of small entities Code 7240, Turbine Engine Combustion for practices, methods, and procedures Section. the Administrator finds necessary for under the criteria of the Regulatory safety in air commerce. This regulation Flexibility Act. (e) Unsafe Condition is within the scope of that authority List of Subjects in 14 CFR Part 39 This AD was prompted by a crack found because it addresses an unsafe condition at the diffuser case M-flange during overhaul Air transportation, Aircraft, Aviation that is likely to exist or develop on inspection. We are issuing this AD to prevent safety, Incorporation by reference, failure of the diffuser case. The unsafe products identified in this rulemaking Safety. condition, if not addressed, could result in action. uncontained diffuser case rupture, damage to This AD is issued in accordance with Adoption of the Amendment the engine, and damage to the airplane. authority delegated by the Executive Accordingly, under the authority (f) Compliance Director, Aircraft Certification Service, delegated to me by the Administrator, as authorized by FAA Order 8000.51C. Comply with this AD within the the FAA amends 14 CFR part 39 as compliance times specified, unless already In accordance with that order, issuance follows: of ADs is normally a function of the done. Compliance and Airworthiness PART 39—AIRWORTHINESS (g) Required Actions Division, but during this transition DIRECTIVES (1) For diffuser cases with a rear outer period, the Executive Director has flange that is equal to or greater than 20,000 delegated the authority to issue ADs ■ 1. The authority citation for part 39 cycles since new (CSN) on the effective date applicable to engines, propellers, and continues to read as follows: of this AD, perform an initial borescope associated appliances to the Manager, inspection (BSI) of zones 1, 2, and 3 of the Engine and Propeller Standards Branch, Authority: 49 U.S.C. 106(g), 40113, 44701. diffuser case M-flange before accumulating Policy and Innovation Division. the BSI Within (Cycles) listed in Table 1 to § 39.13 [Amended] paragraph (g)(1) of this AD. Use the Regulatory Findings ■ 2. The FAA amends § 39.13 by adding Accomplishment Instructions, paragraphs the following new airworthiness 2.A. through 2.G. for the appropriate engine This AD will not have federalism model, of IAE Alert Non-Modification implications under Executive Order directive (AD): Service Bulletin (NMSB) V2500–ENG–72– 13132. This AD will not have a 2019–06–06 International Aero Engines A0706, dated February 14, 2019, to perform substantial direct effect on the States, on AG: Amendment 39–19604; Docket No. the inspection.

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(2) For diffuser cases with a rear outer (j) Related Information DEPARTMENT OF HEALTH AND flange that have fewer than 20,000 CSN on For more information about this AD, HUMAN SERVICES the effective date of this AD, perform an contact Barbara Caufield, Aerospace initial BSI of zones 1, 2, and 3 of the diffuser Engineer, ECO Branch, FAA, 1200 District Food and Drug Administration case M-flange within 21,300 CSN, in Avenue, Burlington, MA 01803; phone: 781– accordance with the Accomplishment 238–7146; fax: 781–238–7199; email: 21 CFR Part 112 Instructions, paragraphs 2.A. through 2.G. for [email protected]. the appropriate engine model, of IAE Alert [Docket No. FDA–2019–D–1266] NMSB V2500–ENG–72–A0706, dated (k) Material Incorporated by Reference February 14, 2019. (1) The Director of the Federal Register Produce Safety Rule: Enforcement (3) If no cracks are found, perform a approved the incorporation by reference Policy for Entities Growing, repetitive BSI not to exceed every 2,100 (IBR) of the service information listed in this Harvesting, Packing, or Holding Hops, cycles since the previous BSI. Wine Grapes, Pulse Crops, and (4) If cracks are found, remove the diffuser paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. Almonds; Guidance for Industry; case and replace with a part eligible for Availability installation or repeat the BSI within the (2) You must use this service information intervals in either Table 2: Fly on Limits or as applicable to do the actions required by AGENCY: Food and Drug Administration, Table 4: Fly on Limits, as appropriate for the this AD, unless the AD specifies otherwise. HHS. affected the engine model, of IAE Alert (i) International Aero Engines (IAE) Alert ACTION: Notification of availability. NMSB V2500–ENG–72–A0706, dated Non-Modification Service Bulletin V2500– February 14, 2019. ENG–72–A0706, dated February 14, 2019. SUMMARY: The Food and Drug (ii) [Reserved] (h) Credit for Previous Actions Administration (FDA or we) is (3) For IAE service information identified announcing the availability of an You may take credit for the actions that are in this AD, contact International Aero required by paragraph (g)(1) and (2) of this immediately in effect guidance for Engines AG, 400 Main Street, East Hartford, industry entitled ‘‘Produce Safety Rule: AD, if you performed those actions before the CT, 06118; phone: 800–565–0140; email: effective date of this AD using IAE V2500 Enforcement Policy for Entities [email protected]; internet: http:// Growing, Harvesting, Packing, or Special Instruction (SI) No. 350F–18, Rev. 1, fleetcare.pw.utc.com. dated December 17, 2018; IAE V2500 SI No. Holding Hops, Wine Grapes, Pulse (4) You may view this service information 356F–18, Rev. 1, dated January 9, 2019; IAE Crops, and Almonds.’’ This document at FAA, Engine & Propeller Standards V2500 SI No. 372F–18, dated January 8, states the intent of FDA to exercise Branch, 1200 District Avenue, Burlington, 2019; or IAE V2500 Special SI No. 04F–19, enforcement discretion regarding the MA 01803. For information on the dated January 14, 2019. availability of this material at the FAA, call requirements of the ‘‘Standards for the (i) Alternative Methods of Compliance 781–238–7759. Growing, Harvesting, Packing, and (AMOCs) (5) You may view this service information Holding of Produce for Human (1) The Manager, ECO branch, FAA, has that is incorporated by reference at the Consumption’’ regulation (Produce the authority to approve AMOCs for this AD, National Archives and Records Safety Regulation) as they apply to if requested using the procedures found in 14 Administration (NARA). For information on entities growing, harvesting, packing, CFR 39.19. In accordance with 14 CFR 39.19, the availability of this material at NARA, call and holding hops, wine grapes, pulse send your request to your principal inspector 202–741–6030, or go to: http:// crops, and almonds. or local Flight Standards District Office, as www.archives.gov/federal-register/cfr/ibr- DATES: The announcement of the appropriate. If sending information directly locations.html. guidance is published in the Federal to the manager of the certification office, Register on March 28, 2019. send it to the attention of the person Issued in Burlington, Massachusetts, on ADDRESSES: identified in paragraph (j) of this AD. You March 22, 2019. You may submit either may email your request to: ANE-AD-AMOC@ Karen M. Grant, electronic or written comments on faa.gov. Agency guidances at any time as Acting Manager, Engine and Propeller follows: (2) Before using any approved AMOC, Standards Branch, Aircraft Certification notify your appropriate principal inspector, Service. Electronic Submissions or lacking a principal inspector, the manager [FR Doc. 2019–05885 Filed 3–27–19; 8:45 am] of the local flight standards district office/ Submit electronic comments in the certificate holding district office. BILLING CODE 4910–13–P following way:

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• Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The topic. It does not establish any rights for https://www.regulations.gov. Follow the Agency will review this copy, including any person and is not binding on FDA instructions for submitting comments. the claimed confidential information, in or the public. You can use an alternative Comments submitted electronically, its consideration of comments. The approach if it satisfies the requirements including attachments, to https:// second copy, which will have the of the applicable statutes and www.regulations.gov will be posted to claimed confidential information regulations. In accordance with the docket unchanged. Because your redacted/blacked out, will be available § 10.115(g)(2), we are implementing the comment will be made public, you are for public viewing and posted on guidance immediately because we have solely responsible for ensuring that your https://www.regulations.gov. Submit determined that prior public comment does not include any both copies to the Dockets Management participation is not feasible or confidential information that you or a Staff. If you do not wish your name and appropriate. Although the guidance third party may not wish to be posted, contact information to be made publicly document is immediately in effect, FDA such as medical information, your or available, you can provide this will accept comments at any time. The anyone else’s Social Security number, or information on the cover sheet and not guidance is not subject to Executive confidential business information, such in the body of your comments and you Order 12866. as a manufacturing process. Please note must identify this information as that if you include your name, contact ‘‘confidential.’’ Any information marked The FDA Food Safety Modernization information, or other information that as ‘‘confidential’’ will not be disclosed Act (Pub. L. 111–353) directs FDA to identifies you in the body of your except in accordance with 21 CFR 10.20 better protect public health by, among comments, that information will be and other applicable disclosure law. For other things, adopting a modern, posted on https://www.regulations.gov. more information about FDA’s posting preventive, and risk-based approach to • If you want to submit a comment of comments to public dockets, see 80 food safety. The Produce Safety with confidential information that you FR 56469, September 18, 2015, or access Regulation is a set of science-based do not wish to be made available to the the information at: https://www.gpo.gov/ minimum standards for the safe public, submit the comment as a fdsys/pkg/FR.2015.09.18/pdf/ growing, harvesting, packing, and written/paper submission and in the 2015.23389.pdf. holding of fruits and vegetables grown manner detailed (see ‘‘Written/Paper Docket: For access to the docket to for human consumption. Produce is Submissions’’ and ‘‘Instructions’’). read background documents or the subject to the Produce Safety Regulation Written/Paper Submissions electronic and written/paper comments unless it is ‘‘not covered’’ or is eligible received, go to https:// for an exemption. Produce that is not Submit written/paper submissions as www.regulations.gov and insert the covered by the Produce Safety follows: docket number, found in brackets in the Regulation includes that which is rarely • Mail/Hand delivery/Courier (for heading of this document, into the consumed raw (21 CFR 112.2(a)(1)), written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts produced for personal or on-farm Management Staff (HFA–305), Food and and/or go to the Dockets Management consumption (21 CFR 112.2(a)(2)), or Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, not a raw agricultural commodity (21 Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments Rockville, MD 20852. CFR 112.2(a)(3)). submitted to the Dockets Management You may submit comments on any Following the publication of the final Staff, FDA will post your comment, as guidance at any time (see 21 CFR rule establishing the Produce Safety well as any attachments, except for 10.115(g)(5)). Regulation, FDA received feedback from information submitted, marked and Submit written requests for single some stakeholders that certain covered copies of the guidance to the Center for identified, as confidential, if submitted commodities—hops, wine grapes, pulse Food Safety and Applied Nutrition, as detailed in ‘‘Instructions.’’ crops, and almonds—should be exempt Food and Drug Administration, 5001 Instructions: All submissions received from the requirements of the Produce Campus Dr., College Park, MD 20740. must include the Docket No. FDA– Safety Regulation. After conducting an Send two self-addressed adhesive labels 2019–D–1266 for ‘‘Produce Safety Rule: initial review of how hops, wine grapes, to assist that office in processing your Enforcement Policy for Entities pulse crops, and almonds are grown, request. See the SUPPLEMENTARY Growing, Harvesting, Packing, or harvested, packed, held, and used, FDA Holding Hops, Wine Grapes, Pulse INFORMATION section for electronic access to the guidance. has decided to exercise enforcement Crops, and Almonds: Guidance for discretion with respect to the Produce FOR FURTHER INFORMATION CONTACT: Industry.’’ Received comments will be Safety Regulation for entities growing, Fazila Shakir, Center for Food Safety placed in the docket and, except for harvesting, packing, or holding those and Applied Nutrition, Food and Drug those submitted as ‘‘Confidential commodities while we consider Administration, 5001 Campus Dr., Submissions,’’ publicly viewable at pursuing rulemaking to address the College Park, MD 20740, 240–402–1355. https://www.regulations.gov or at the unique circumstances they each present. Dockets Management Staff between 9 SUPPLEMENTARY INFORMATION: This means that we will not expect a.m. and 4 p.m., Monday through I. Background entities growing, harvesting, packing, or Friday. holding these commodities to meet any • Confidential Submissions—To FDA is announcing the availability of of the Produce Safety Regulation submit a comment with confidential a guidance for industry entitled requirements with respect to these information that you do not wish to be ‘‘Produce Safety Rule: Enforcement made publicly available, submit your Policy for Entities Growing, Harvesting, commodities. comments only as a written/paper Packing, or Holding Hops, Wine Grapes, We will consider revising our intent submission. You should submit two Pulse Crops, and Almonds.’’ We are to exercise enforcement discretion if, for copies total. One copy will include the issuing the guidance consistent with our example, new information becomes information you claim to be confidential good guidance practices regulation (21 available regarding safety concerns with a heading or cover note that states CFR 10.115). The guidance represents associated with the production and ‘‘THIS DOCUMENT CONTAINS the current thinking of FDA on this consumption of these commodities.

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II. Electronic Access the person identified in the FOR FURTHER approval are provided in detail in the Persons with access to the internet INFORMATION CONTACT section for proposed rule. Additional reasons for may obtain the guidance at either additional availability information. our approval of some provisions are https://www.fda.gov/FoodGuidances or FOR FURTHER INFORMATION CONTACT: provided below in response to public https://www.regulations.gov. Use the Jaslyn Dobrahner, Air Program, U.S. comments received on those topics. FDA website listed in the previous Environmental Protection Agency II. Response to Comments (EPA), Region 8, Mail Code 8P–AR, sentence to find the most current We received two comment letters version of the guidance. 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6252, during the public comment period. Dated: March 22, 2019. [email protected]. After reviewing the comments, the EPA Lowell J. Schiller, determined that the comments in the SUPPLEMENTARY INFORMATION: Acting Associate Commissioner for Policy. first letter are outside the scope of our [FR Doc. 2019–05953 Filed 3–27–19; 8:45 am] I. Background proposed action and fail to identify any material issue necessitating a response. BILLING CODE 4164–01–P In our notice of proposed rulemaking published on May 14, 2018 (83 FR The remaining comments in the second 22227), the EPA proposed to approve letter were jointly submitted by the revisions to North Dakota’s Air Sierra Club, Center for Biological ENVIRONMENTAL PROTECTION Diversity, and the National Parks AGENCY Pollution Control Rules submitted by the State of North Dakota on January 28, Conservation Association. Below is a 40 CFR Part 52 2013, and November 11, 2016. In this summary of the comments and the rulemaking, we are taking final action to EPA’s responses. [EPA–R08–OAR–2018–0026; FRL–9991–25– Comment: In general, the commenters approve various revisions, including: To Region 8] assert that the concept of a general add a general permit to construct construction permit is not consistent provision,1 update the definition of Approval and Promulgation of Air with the requirements of Section ‘‘volatile organic compounds’’ and PSD Quality Implementation Plans; North 110(a)(2)(C) of the CAA or 40 CFR Dakota; Revisions to Air Pollution rules; revise permit to construct and 51.160—51.164 due to the nature of how Control Rules PSD public participation methods; general permits are established and how clarify applicability of oil and gas sources request coverage under general AGENCY: Environmental Protection regulations; increase the application and Agency (EPA). permits. processing fees; add a significant Response: We disagree with the ACTION: Final rule. emission rate for greenhouse gas carbon commenters’ assertion that the concept dioxide equivalent; add a definition of of a general construction permit is not SUMMARY: The Environmental Protection ‘‘actively producing’’ oil and gas wells; Agency (EPA) is approving State consistent with the requirements of remove greenhouse gas provisions Section 110(a)(2)(C) of the CAA Implementation Plan (SIP) revisions relating to the determination of a major (requirement that the state SIP contain submitted by the State of North Dakota source and major modification; remove a program for enforcement of control on January 28, 2013, and November 11, the expired exemption of greenhouse measures), and 40 CFR 51.160–51.164 2016. The revisions include gases from biogenic sources; and (the EPA’s regulations relating, in part, amendments to North Dakota’s general streamline a provision related to oil and to minor source construction). The provisions, permit to construct, gas registration and reporting. The State’s source-specific minor source prevention of significant deterioration North Dakota State Health Council construction permit program was (PSD) of air quality, oil and gas, and fee adopted the amendments on August 14, originally approved as meeting the regulations. In addition, amendments to 2012, (effective January 1, 2013) and criteria currently in 40 CFR 51.160– the permit program include the February 24, 2016, (effective July 1, 51.163 on May 26, 1977, (42 FR 26977) regulation of hazardous air pollutants 2016) for the January 28, 2013, and and as meeting the criteria in 40 CFR (HAPs), which may be regulated under November 11, 2016, submittals, 51.164 on November 14, 1988, (53 FR section 112 of the Clean Air Act (CAA). respectively. The reasons for our 45763). The North Dakota’s SIP- Thus, the EPA is taking this action approved minor source construction pursuant to sections 110 and 112 of the 1 North Dakota Air Pollution Control (NDAC) rule permit program and other permitting CAA. 33–15–14–02.1.c reads in its entirety as follows, rules are codified at North Dakota Air DATES: ‘‘General permits. The department may issue a This rule is effective on April 29, general permit to construct covering numerous Pollution Control (NDAC) 33–15–14, 2019. similar sources which are not subject to permitting Designated Air Contaminant Sources ADDRESSES: The EPA has established a requirements under chapter 33.1–15–13 or 33.1–15– Permit to Construct Minor Source 15 or subpart B of section 33.1–15–22–03. Any docket for this action under Docket ID general permit shall comply with all requirements Permit to Operate, Title V Permit to No. EPA–R08–OAR–2018–0026. All applicable to other permits to construct and shall Operate. documents in the docket are listed on identify criteria by which sources may qualify for North Dakota’s general permit rule the http://www.regulations.gov website. the general permit. A proposed general permit, any requires that ‘‘[a]ny general permit shall changes to a general permit, and any renewal of a Although listed in the index, some general permit is subject to public comment. The comply with all requirements applicable information is not publicly available, public comment procedures under subdivision b of to other permits to construct.’’ e.g., CBI or other information whose subsection 6 shall be used. To sources that qualify, Therefore, a general permit would be disclosure is restricted by statute. the department shall grant the conditions and terms issued in accordance with essentially of the general permit. Sources that would qualify Certain other material, such as for a general permit must apply to the department the same State rules that apply to copyrighted material, is not placed on for coverage under the terms of the general permit sources seeking source-specific permits. the internet and will be publicly or apply for an individual permit to construct. The general permit to construct available only in hard copy form. Without repeating the public participation provision specifically excludes major procedures under subdivision b of subsection 6, the Publicly available docket materials are department may grant a source’s request for sources subject to permitting available through http:// authorization to construct under the general requirements under chapter 33–15–13 www.regulations.gov, or please contact permit.’’ (Emission Standards for Hazardous Air

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Pollutants), 33–15–15 (Prevention of in 2011, the EPA published rules stationary sources.8 As explained in the Significant Deterioration of Air Quality), finalizing a Federal Implementation EPA’s January 25, 1995 memorandum or subpart B of 33–15–22–03 (Emissions Plan for Indian country and setting forth ‘‘Guidance on Enforceability Standards for Hazardous Air Pollutants provisions for the review of new sources Requirements for Limiting Potential to for Source Categories). Therefore, the and modifications in Indian country, Emit through SIP and § 112 Rules and general permit rule provides the State including minor sources.4 There, the General Permits’’ (EPA 1995 Guidance) with the authority to develop general EPA authorized the issuance of general a general permit is a single permit that permits, including for the following permits in Indian country in appropriate establishes terms and conditions that three minor source categories: (1) Minor circumstances. The EPA explained that must be complied with by all sources sources of criteria pollutants (potential a ‘general permit’ is a preconstruction subject to that permit, providing for emissions below the major source permit that may be applied to several emission limitations in a one-time thresholds in 33–15–15, true minor similar emissions units or minor permitting process and avoiding the sources); (2) minor sources of hazardous sources. The purpose of a general permit need to issue separate permits for each air pollutants (potential emissions is to simplify the permit issuance source that shares the same below the major source thresholds in process for similar facilities so that a characteristics.9 33–15–13 and 33–15–22–03, true minor reviewing authority’s limited resources Comment: The commenters express sources); and (3) sources of either need not be expended for site-specific concern that North Dakota’s general criteria or hazardous air pollutants that permit development for such facilities. permit to construct regulations do not elect to apply for general permits to A general permit may be written to specify how a source applies for limit emissions below major source address a single emissions unit, a group coverage under a general permit (i.e., thresholds (synthetic minor sources). of the same type of emissions units or what source-specific information, if any, The EPA has a well-established, an entire minor source. General permits is required to be in a permit application) longstanding position that the use of offer a cost-effective means of issuing or how the state will evaluate if a source general permits for construction of all permits and provide a quicker and qualifies for a general permit. three categories of minor sources is simpler alternative mechanism for Response: We disagree with these appropriate under the CAA. The EPA permitting minor sources than the site- concerns. Similar to the EPA’s federal has noted, for example, that an specific permitting process discussed minor source general permit in Indian advantage of a SIP general permit is that previously.5 Subsequently, in country,10 North Dakota’s general upon approval by the EPA of the state’s accordance with this general permit rule requires that each general general permit program, a general authorization, the EPA issued general permit to construct ‘‘shall identify the permit could be written for additional permits for various categories of minor criteria by which sources may qualify source types without triggering the need sources in Indian country. General for the general permit’’ and the State 2 for the formal SIP revision process. On Permits and Permits by Rule for the will use those criteria to evaluate numerous occasions, the EPA has Federal Minor New Source Review whether a source qualifies for the approved SIPs allowing for the issuance Program in Indian Country for Five general permit. The nature of the of general permits, including a general Source Categories, 80 FR 25068 (May 1, general permit to simplify the permit permit rule similar to North Dakota’s issuance process for similar facilities so 3 2015); General Permits and Permits by general permit regulations. Moreover, Rule for the Federal Minor New Source that a reviewing authority’s limited Review Program in Indian Country for resources need not be expended for 2 For example, Guidance an Enforceability Requirements for Limiting the Potential to Emit Six Source Categories, 81 FR 70944 case-by-case permit development does through SIP and § 112 Rules and General Permits. (Oct. 14, 2016). not provide for the same source-specific January 25, 1995 (EPA 1995 Enforceability Memo) The EPA has also issued other procedures as an individual permit to (For example, page 4 of the memo explains that s memoranda supportive of general construct. However, North Dakota will general permit is a single permit that establishes terms and conditions that must be complied with permits, including the EPA’s January 25, provide sufficient public participation by all sources subject to that permit. The 1995 memorandum ‘‘Options for opportunities through public comment establishment of a general permit could provide for Limiting Potential to Emit (PTE) of a on the general permit under NDAC 33– emission limitations in a one-time permitting Stationary Source Under Section 112 15–14–02. process, and thus avoid the need to issue separate 6 permits for each source. Although this concept is and Title V of the Clean Air Act’’ (EPA Comment: The commenters suggested generally thought of as an element of Title V permit 1995 Memorandum Options to Limit that, because North Dakota’s general programs there in no reason that a state or local Potential to Emit) and the April 14, 1998 permit to construct regulations do not agency could not submit a general permit program require public notice and an as a SIP submittal aimed at creating synthetic minor memorandum, ‘‘Potential to Emit (PTE) sources. Additionally, FESOP [Federally Guidance for Specific Source opportunity to review and comment on Enforceable State Operating Permit usually referring Categories.’’ 7 These memoranda (1) source-specific information to Title I State Operating Permit Programs approved endorse the use of a general permit submitted by sources requesting under the criteria established by the EPA in the coverage under the general permit, and June 28, 1989 Federal Register notice, 54 FR 27274] program approved into the SIP pursuant programs can include general permits as an element to Section 110(a)(2)(C) of the Act as a (2) North Dakota’s analysis and of the FESOP program being approved into the SIP. means of effectively establishing justification for coverage under a The advantage of a SIP general permit is that upon limitations on the potential to emit of general permit, it does not comply with approval by the EPA of the state’s general permit the requirements of 40 CFR 51.161. program, a general permit could be written for an additional source type without triggering the need 4 76 FR 38748 (July 1, 2011). for the formal SIP revision process. (citing the Jan. 5 Id. at 38767. 8 See also, Approaches to Creating Federally- 25, 1995 Seitz and Van Heuvelen memorandum, 6 Options for Limiting the Potential to Emit (PTE) Enforceable Emission Limits. November 3, 1993. ‘‘Options for Limiting Potential to Emit (PTE) of a of a Stationary Source Under Section 112 and Title https://www.epa.gov/sites/production/files/2015- Stationary Source under section 112 and title V of V of the Clean Air Act (Act). January 25, 1995. 08/documents/fedenf.pdf. the Clean Air Act’’, page 4). https://www.epa.gov/ https://www.epa.gov/sites/production/files/ 9 Guidance on Enforceability Requirements for sites/production/files/2015-08/documents/ documents/limit-pte-rpt.pdf. Limiting Potential to Emit through SIP and § 112 potoem.pdf. 7 Potential to Emit (PTE) Guidance for Specific Rules and General Permits. (January 25, 1995). 3 EPA approved Michigan’s general permit rule. Source Categories. April 14, 1998. https:// https://www.epa.gov/sites/production/files/2015- See Michigan SIP submittal, April 3, 1998 (in www.epa.gov/sites/production/files/2015-08/ 08/documents/potoem.pdf. docket) and 83 FR 44485 (August 31, 2018). documents/lowmarch.pdf. 10 40 CFR 49.156(d).

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Response: We disagree with the agency for the issuance of operating specifically state that North Dakota will commenters’ assertions that the general permits; construction permits are deny coverage under a general permit rule does not comply with public required to include a source-specific construction permit if a source will notice provisions found in 40 CFR and site-specific review of impacts on cause or contribute to a NAAQS 51.161. As explained in our proposal, ambient air quality. Thus, North violation, and that the EPA overstated the EPA’s June 28, 1989 rulemaking Dakota’s general permit to construct North Dakota’s cited laws and ‘‘Requirements for the Preparation, regulations, according to the regulations to deny approval of a Adoption, and Submittal of commenters, do not meet the applicable proposed project under a general permit Implementation Plans; Approval and federal and CAA requirements because to construct. According to the Promulgation of Implementation the State’s air impact analysis for commenters, NDAC 33–15–14–02.7, Plans’’ 11 and the EPA 1995 Guidance, issuance of a general construction which provides when the state would outline the criteria we use to evaluate permit for a source category does not deny a construction permit, does not general permit to construct rules under take into account site-specific factors apply to sources requesting coverage the SIP authority or under § 112, or that could affect how a particular source under the general permit to construct both. One of the criteria addresses the requesting coverage under the general because 33–15–14–02.7 refers to public public notice and comment construction permit would affect air comment received and sources requirements explaining that since the quality, and in particular, whether the requesting coverage under a general state rule establishing the general permit proposed source could interfere with permit to construct do not require program does not provide for specific attainment or maintenance of the public notice and comment. Thus, the standards to be met by the source, each National Ambient Air Quality Standards commenters suggest that North Dakota’s general permit, but not each application (NAAQS). rules do not provide legally enforceable under each general permit, must be Response: We disagree. General procedures ensuring the State will issued pursuant to public and EPA permits must be based on a review of prohibit the construction of a source notice and comment.12 North Dakota’s impacts on ambient air quality from the requesting coverage under a general general permits must be made available types of sources with the characteristics permit to construct if it would interfere for public comment, and therefore, meet of those that are eligible for coverage with attainment or maintenance of the the EPA’s public notice and comment under the permit. The North Dakota NAAQS. requirements for general permits. North general permit rule requires that ‘‘[a]ny Response: We disagree. Before a Dakota’s analysis and justification for general permit shall comply with all general permit is issued, an analysis issuing a general permit, as it does for requirements applicable to other must be conducted, under 33–15–14– a source-specific permit, will include permits to construct.’’ North Dakota’s 02.5, to determine whether the category information that pertains to the type of construction permitting SIP of covered sources permitted under the sources that are eligible for coverage by requirements for source specific permits permit have emissions so low that they the general permit and that information includes review of impacts on ambient are generally not expected to have will be included in the public notice. air quality.13 Thus, when developing a adverse air quality impacts and will The public will have an opportunity to general permit, the State must evaluate therefore comply with all applicable review the conditions of the general whether the type of sources eligible for rules. NDAC 33–15–14–02.7 also permit and comment on whether those coverage under the general permit requires that North Dakota deny conditions are appropriate for sources would interfere with attainment or coverage under a general permit if, after with the characteristics of those eligible maintenance of the NAAQS in the area review of all information received for coverage under the general permit. to which the general permit applies. (including public comment), a source Therefore, the EPA does not agree that Furthermore, the public will have an would interfere with the attainment or 15 the general permitting process would opportunity to review and comment on maintenance of a NAAQS. deny the public an opportunity to this information as part of the general Comment: The commenters expressed review and comment, as the public will permit public notice process.14 concern that the general permit to have an opportunity to comment on the Comment: The commenters state that construct regulations do not define general permit conditions and the nothing in North Dakota’s general ‘‘similar source’’ to narrow what sources State’s justification for establishing the permit to construct regulations can be covered under the general general permit for particular source construction permit, nor does the State categories (as well as the State’s 13 For example, NDAC 33.1–15–14–02.4, rule provide that, to be similar, a source specified criteria for evaluating whether Submission of plans—Deficiencies in application, must have similar emissions and stack specific sources are covered by the provides that as part of a source application for a parameters. general permit) as a part of the public permit the department may require submission of Response: We disagree that there is a the effects on ambient air quality. NDAC 33.1–15– need to define ‘‘similar source’’ in this notice and comment on the general 14–02.5, Review of application—Standard for permits. granting permits to construct, requires the rule. The identified terms, including Comment: The commenters argue department to determine whether the proposed this one, have their common meaning in that; although North Dakota’s general project will be in accord with the article, among the context of the rule. In the case of other requirements, including whether the general permits, the State will define the permit to construct regulations are operation of any new stationary source at the similar to the general permit provision proposed location will cause or contribute to a scope of the stationary sources covered of the Title V operating permits found violation of any applicable ambient air quality by a particular general permit when at 40 CFR 70.6(d) that is commonly used standard. establishing the criteria for sources to reduce the administrative burden for 14 Discussing state general permit programs, the eligible for and terms of the general EPA previously explained that ‘‘since the rule the source type and state permitting establishing the program does not provide the permit. Moreover, all interested parties specific standards to be met by the source, each will have the opportunity to provide 11 54 FR 27274 (June 28, 1989). general permit containing the criteria by which input on the appropriateness of the 12 Guidance on Enforceability Requirements for sources may qualify for the general permit, but not criteria defining the scope of the permit, Limiting Potential to Emit through SIP and § 112 each application under each general permit, must Rules and General Permits. (January 25, 1995), page be issued pursuant to public and the EPA notice including the emissions and stack 10, referencing June 28, 1989, Federal Register, 54 and comment.’’ EPA 1995 Enforceability Memo, FR 27274, 27281–27284. page 10. 15 40 CFR 49.155(a)(7)(ii).

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parameters of sources covered by the North Dakota’s general permit to comment. Thus, they suggest that North permit, during the public comment construct regulations, which become Dakota rule 33–15–20 as revised does period for that permit. federally enforceable upon the EPA’s not meet the preconstruction review Comment: The commenters also argue approval into the SIP, do not contain requirements of 40 CFR 51.160–51.164. that North Dakota’s May 3, 2018 letter legally enforceable procedures to Response: Although North Dakota to the EPA acknowledges that the determine if the construction or broadened the applicability of Chapter general permits to construct regulations modification of a facility seeking 33–15–20 Control of Emissions from Oil will not adequately address air quality coverage under a general permit will and Gas Well Production Facilities to concerns unique to specific areas that interfere with attainment or better reflect the entire contents of the arise after issuance of the general permit maintenance of the NAAQS. The May 3, chapter, practically speaking the to construct. 2018 letter is not itself legally revision did not, in fact, expand the Response: We disagree. In fact, North enforceable, but it references provisions number of oil and gas facilities subject Dakota’s letter merely confirms the in North Dakota’s regulations that are to the chapter. Rather, the revision requirements in NDAC 33–15–02–07, to enforceable and provide the authority simply acknowledges that oil and gas not cause or permit the emissions of described. As noted previously, NDAC facilities also emit air contaminants contaminants in such a manner that 33–15–14–02.1.c requires that general other than sulfur and sulfur compounds. causes or contributes to a violation of permits use the same procedures that Likewise, the revision acknowledges the the ambient air quality standards, apply apply to source-specific permits in expansive definition of a ‘‘production to individual sources covered under North Dakota’s minor source permitting facility,’’ which includes equipment, general permits. As previously stated, program, which the EPA previously wells, flow lines, separators, treaters, before a general permit is issued, an approved as meeting the requirements tanks, flares, gathering lines, and analysis must be conducted, under of 40 CFR 51.160–51.164. These auxiliary non-transportation-related NDAC 33–15–14–02.5, to determine authorities include the ability for North equipment used in the exploration, whether the category of covered sources Dakota, under 33–15–14–02.5.a and 33– development, or subsequent production under the general permit have emissions 15–14–02.7, to deny coverage under a or handling of oil and gas from an oil sufficiently low that they are generally general permit both before and after and gas well or wells which are located not expected to have adverse air quality issuance of a general permit, on one or more contiguous or adjacent impacts and will therefore comply with respectively, to any applicant and surface properties and are under the all applicable rules. Thus, the State will require that a source apply for a source control of the same person (or persons consider any air quality concerns specific permit if it would interfere with under common control). Thus, the unique to specific areas that arise both attainment or maintenance of the commonality of the previous terms, before (33–15–14–02.5) and after (33– NAAQS. Furthermore, facilities that ‘‘production facility’’ and ‘‘sulfur and 15–02–07) issuance of the general cannot meet any of the conditions in the sulfur compounds,’’ historically ensured permit and not grant coverage to a general permit, including minimum widespread applicability of Chapter 33– source if there are air quality concerns. stack heights, emission limitations, 15–20 so that the revisions do not Comment: With respect to the general control requirements, or other effectively increase the applicable permit to construct regulations, the requirements in NDAC 33–15–14 sources. commenters assert that the EPA cannot necessary to assure compliance with the Comment: Finally, the commenters rely on North Dakota’s May 3, 2018 NAAQS, will not be eligible for expressed concern that there is no letter as to how it may implement the coverage under the general permit and definition of ‘‘oil and gas well facility’’ general permit to construct rule to must apply for an individual permit to in rule 33–15–20 or in any other North ensure the requirements of 40 CFR obtain authorization to construct. Dakota air pollution rule. 51.160 are met because 40 CFR Comment: In addition to the Response: We do not share the 51.160(a) states that the SIP ‘‘must set preceding comments regarding North commenters’ concern. North Dakota’s forth legally enforceable procedures that Dakota’s general permit to construct regulations include definitions for the enable the State or local agency to regulations, the commenters argue that terms in the phrase ‘‘oil and gas well determine whether the construction or the EPA’s proposed approval of the facility.’’ Specifically, NDAC 33–15–20 modification of a facility, building, amendments to 33–15–20 (Control of includes definitions for ‘‘gas well,’’ structure or installation, or combination Emissions from Oil and Gas Well ‘‘natural gas or gas,’’ ‘‘oil,’’ ‘‘oil well,’’ of these will result in a violation of the Facilities) expands applicability of and ‘‘production facility,’’ which are control strategy or interfere with North Dakota rule 33–15–20, which in then used to derive the meaning of ‘‘oil attainment or maintenance of the turn exempts additional oil and gas and gas facility.’’ NAAQS.’’ Thus, the EPA cannot simply facilities from construction permitting rely on statements made by North pursuant to North Dakota rule 33–15– III. Final Action Dakota in a letter as satisfying the 14–02.13.o. They further comment that For the reasons expressed in the requirements for legally enforceable this expansion allows the construction proposed rule, the EPA is approving procedures. of oil and gas facilities without revisions to North Dakota Air Pollution Response: While we agree with the requiring companies to provide analyses Control Rules, shown in Table 1, commenters that the EPA cannot rely on ensuring NAAQS and PSD increments submitted by the State of North Dakota non-regulatory statements for legally are complied with, and not providing an on January 28, 2013, and November 11, enforceable procedures, we disagree that opportunity for public notice and 2016.

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TABLE 1—LIST OF NORTH DAKOTA AMENDMENTS THAT THE EPA IS APPROVING †

Amended Section in the January 28, 2013 Submittal

33–15–14–02.1.c

Amended Sections in the November 11, 2016 Submittal

33–15–01–04.52, 33–15–14–02.1.c, 33–15–14–02.6.b(2), 33–15–14–03.5.a(1)(b), 33–15–14–03.5.a(1)(d), 33–15–14–03.9.a, 33–15–14–03.9.b, 33–15–15–01.2, 33–15–20–01.1, 33–15–20–01.2, 33–15–20–02.1, 33–15–20–02.2, 33–15–20–03.1, 33–15–20–03.2, 33–15–23–02.1, 33– 15–23–02.2 † On August 6, 2018, North Dakota submitted a SIP revision to recodify portions of North Dakota’s Air Pollution Rules. We approved the re- codifications that have been previously approved into the SIP (84 FR 1610; February 5, 2019). As explained in the EPA’s subsequent Federal Register notice, the effective date for the recodification is April 30, 2019 (84 FR 826; March 7, 2019). If this action becomes effective after April 30, 2019, the regulatory text for this action will reflect the recodification of the rules. The crosswalk between the rule numbers approved in this action and North Dakota’s recodification is available in the docket for the EPA’s February 5, 2019 final action.

IV. Incorporation by Reference of Management and Budget under where the EPA or an Indian tribe has In this rule, the EPA is finalizing Executive Orders 12866 (58 FR 51735, demonstrated that a tribe has regulatory text that includes October 4, 1993) and 13563 (76 FR 3821, jurisdiction. In those areas of Indian January 21, 2011); country, the rule does not have tribal incorporation by reference. In • accordance with requirements of 1 CFR Is not an Executive Order 13771 (82 implications and will not impose 51.5, the EPA is finalizing the FR 9339, February 2, 2017) regulatory substantial direct costs on tribal incorporation by reference of the North action because SIP approvals are governments or preempt tribal law as exempted under Executive Order 12866; specified by Executive Order 13175 (65 Dakota Air Pollution Control Rules • described in the amendments set forth Does not impose an information FR 67249, November 9, 2000). to 40 CFR part 52 below. Therefore, collection burden under the provisions of the Paperwork Reduction Act (44 The Congressional Review Act, 5 these materials have been approved by U.S.C. 801 et seq., as added by the Small the EPA for inclusion in the SIP, have U.S.C. 3501 et seq.); • Is certified as not having a Business Regulatory Enforcement been incorporated by reference by the Fairness Act of 1996, generally provides EPA into that plan, are fully federally significant economic impact on a that before a rule may take effect, the enforceable under sections 110, 112, substantial number of small entities agency promulgating the rule must and 113 of the CAA as of the effective under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); submit a rule report, which includes a date of the final rulemaking of the EPA’s • approval, and will be incorporated by Does not contain any unfunded copy of the rule, to each House of the reference by the Director of the Federal mandate or significantly or uniquely Congress and to the Comptroller General Register in the next update to the SIP affect small governments, described in of the United States. The EPA will compilation.16 The EPA has made, and the Unfunded Mandates Reform Act of submit a report containing this action 1995 (Pub. L. 104–4); and other required information to the will continue to make, these materials • generally available through Does not have federalism U.S. Senate, the U.S. House of www.regulations.gov and at the EPA implications as specified in Executive Representatives, and the Comptroller Region 8 Office (please contact the Order 13132 (64 FR 43255, August 10, General of the United States prior to 1999); person identified in the FOR FURTHER publication of the rule in the Federal • Is not an economically significant INFORMATION CONTACT section of this Register. A major rule cannot take effect preamble for more information). regulatory action based on health or until 60 days after it is published in the safety risks subject to Executive Order Federal Register. This action is not a V. Statutory and Executive Orders 13045 (62 FR 19885, April 23, 1997); ‘‘major rule’’ as defined by 5 U.S.C. Review • Is not a significant regulatory action 804(2). Under the Clean Air Act, the subject to Executive Order 13211 (66 FR Administrator is required to approve a 28355, May 22, 2001); Under section 307(b)(1) of the Clean • SIP submission that complies with the Is not subject to requirements of Air Act, petitions for judicial review of provisions of the Act and applicable section 12(d) of the National this action must be filed in the United federal regulations. 42 U.S.C. 7410(k); Technology Transfer and Advancement States Court of Appeals for the 40 CFR 52.02(a). Thus, in reviewing SIP Act of 1995 (15 U.S.C. 272 note) because appropriate circuit by May 28, 2019. submissions, the EPA’s role is to application of those requirements would Filing a petition for reconsideration by be inconsistent with the CAA; and the Administrator of this final rule does approve state choices, provided that • they meet the criteria of the Clean Air Does not provide the EPA with the not affect the finality of this action for Act. Accordingly, this action merely discretionary authority to address, as the purposes of judicial review nor does approves state law as meeting federal appropriate, disproportionate human it extend the time within which a requirements and does not impose health or environmental effects, using petition for judicial review may be filed, additional requirements beyond those practicable and legally permissible and shall not postpone the effectiveness imposed by state law. For that reason, methods, under Executive Order 12898 of such rule or action. This action may (59 FR 7629, February 16, 1994). this action: not be challenged later in proceedings to • Is not a ‘‘significant regulatory In addition, the SIP and authority enforce its requirements. (See section action’’ subject to review by the Office approved under section 112(l) of the Act 307(b)(2)). is not approved to apply on any Indian 16 62 FR 27968 (May 22, 1997). reservation land or in any other area

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List of Subjects in 40 CFR Part 52 PART 52 APPROVAL AND Operate,’’ revise the entries for 33–15– PROMULGATION OF 14–02 and 33–15–14–03. Environmental protection, Air IMPLEMENTATION PLANS ■ c. Under the heading ‘‘33–15–15. pollution control, Carbon monoxide, Prevention of Significant Deterioration Incorporation by reference, ■ 1. The authority citation for Part 52 of Air Quality,’’ revise the entry for 33– Intergovernmental relations, continues to read as follows: 15–15–01.2. Greenhouse gases, Lead, Nitrogen Authority: 42 U.S.C. 7401 et seq. ■ d. Under the heading ‘‘33–15–20. dioxide, Ozone, Particulate matter, Control of Emissions from Oil and Gas Reporting and recordkeeping Subpart JJ—North Dakota Well Production Facilities,’’ revise the requirements, Sulfur oxides, Volatile ■ 2. Section 52.1820 paragraph (c) is entries for 33–15–20–01, 33–15–20–02, organic compounds. amended as follows: and 33–15–20–03. Dated: March 22, 2019. ■ a. Under the heading ‘‘33–15–01. ■ e. Under the heading ‘‘33–15–23. Douglas Benevento, General Provisions,’’ revise the entry for Fees,’’ revise the entry for 33–15–23–02. Regional Administrator, Region 8. 33–15–01–04. The revisions read as follows: ■ b. Under the heading ‘‘33–15–14. 40 CFR part 52 is amended to read as Designated Air Contaminant Sources § 52.1820 Identification of plan. follows: Permit to Construct Minor Source * * * * * Permit to Operate Title V Permit to (c) * * *

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

33–15–01. General Provisions

******* 33–15–01–04 ...... Definitions ...... 7/1/16 4/29/2019 [Insert Federal Register citation], 3/28/2019.

*******

33–15–14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit to Operate

******* 33–15–14–02 ...... Permit to construct ...... 7/1/16 4/29/2019 [Insert Federal Register Excluding subsections 1, citation], 3/28/2019. 12, 13, 3.c., 13.b.1., 5, 13.c., 13.i(5), 13.o., and 19 (one sentence) which were subse- quently revised and ap- proved. See 57 FR 28619 (6/26/92), regard- ing State’s commitment to meet requirements of EPA’s ‘‘Guideline on Air Quality Models (re- vised).’’ 33–15–14–03 ...... Minor source permit to 7/1/16 4/29/2019 [Insert Federal Register operate. citation], 3/28/2019.

*******

33–15–15. Prevention of Significant Deterioration of Air Quality

******* 33–15–15–01.2 ...... Scope ...... 7/1/16 4/29/2019 [Insert Federal Register Except for the revision as- citation], 3/28/2019. sociated with 40 CFR 52.21(l)(1).

*******

33–15–20. Control of Emissions from Oil and Gas Well Production Facilities

33–15–20–01 ...... General provisions ...... 7/1/16 4/29/2019 [Insert Federal Register citation], 3/28/2019. 33–15–20–02 ...... Registration and report- 7/1/16 4/29/2019 [Insert Federal Register ing requirements. citation], 3/28/2019. 33–15–20–03 ...... Prevention of significant 7/1/16 4/29/2019 [Insert Federal Register deterioration applica- citation], 3/28/2019. bility and source infor- mation requirements.

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

*******

33–15–23. Fees

******* 33–15–23–02 ...... Permit to construct fees 7/1/16 4/29/2019 [Insert Federal Register citation], 3/28/2019.

*******

* * * * * ADDRESSES: EPA has established dockets requirements of sections 110(a)(1) and [FR Doc. 2019–05935 Filed 3–27–19; 8:45 am] for this action under Docket (2) within three years of EPA BILLING CODE 6560–50–P Identification Nos. EPA–R04–OAR– promulgating a new or revised 2016–0213, EPA–R04–OAR–2014–0767, NAAQS.1 EPA has historically referred and EPA–R04–OAR–2014–0426. All to these SIP submissions made for the ENVIRONMENTAL PROTECTION documents in the docket are listed on purpose of satisfying the requirements AGENCY the www.regulations.gov website. of CAA sections 110(a)(1) and 110(a)(2) Although listed in the index, some 40 CFR Part 52 as ‘‘infrastructure SIP’’ submissions. information is not publicly available, Sections 110(a)(1) and (2) require states [EPA–R04–OAR–2016–0213, EPA–R04– i.e., Confidential Business Information to address basic SIP elements such as OAR–2014–0767, EPA–R04–OAR–2014– or other information whose disclosure is for monitoring, basic program 0426; FRL–9991–40–Region 4] restricted by statute. Certain other requirements, and legal authority that material, such as copyrighted material, are designed to assure attainment and Air Plan Approval; KY; Minor Sources is not placed on the internet and will be maintenance of the newly established or Infrastructure Requirement for the publicly available only in hard copy 2012 PM2.5, 2010 NO2, and 2010 SO2 form. Publicly available docket revised NAAQS. This action pertains to NAAQS materials are available either one of the requirements of section 110(a)(2): The minor source AGENCY: Environmental Protection electronically through requirements of section 110(a)(2)(C). Agency (EPA). www.regulations.gov or in hard copy at The minor source provisions are one of ACTION: Final rule. the Air Regulatory Management Section, Air Planning and Implementation three components of section SUMMARY: The Environmental Protection Branch, Air, Pesticides and Toxics 110(a)(2)(C). With respect to the minor Agency (EPA) is approving portions of Management Division, U.S. source requirements, SIPs must include three State Implementation Plan (SIP) Environmental Protection Agency, a program to provide for the submissions, submitted by the Region 4, 61 Forsyth Street SW, Atlanta, enforcement of measures for the state- Commonwealth of Kentucky, Energy Georgia 30303–8960. EPA requests that wide regulation of new and modified and Environment Cabinet, Department if at all possible, you contact the person minor sources and minor modifications for Environmental Protection, through listed in the FOR FURTHER INFORMATION of major sources under the New Source the Kentucky Division for Air Quality CONTACT section to schedule your Review (NSR) program. (KDAQ) on April 26, 2013 (two inspection. The Regional Office’s This action pertains to the section official hours of business are Monday submissions), and February 8, 2016. The 110(a)(2)(C) minor source requirements through Friday 8:30 a.m. to 4:30 p.m., submissions address requirements for for Kentucky’s infrastructure SIP implementation of the 2012 Fine excluding federal holidays. submissions for the 2012 PM2.5, 2010 Particulate Matter (PM ), 2010 2.5 FOR FURTHER INFORMATION CONTACT: NO , and 2010 SO NAAQS. All other Nitrogen Dioxide (NO ), and 2010 2 2 2 Michele Notarianni, Air Regulatory applicable infrastructure requirements Sulfur Dioxide (SO2) national ambient Management Section, Air Planning and for the 2012 PM , 2010 NO , and 2010 air quality standards (NAAQS). When Implementation Branch, Air, Pesticides 2.5 2 SO NAAQS for Kentucky are being or EPA promulgates a new or revised and Toxics Management Division, U.S. 2 have been addressed in separate NAAQS, the Clean Air Act (CAA or Act) Environmental Protection Agency, requires the state to make a new SIP Region 4, 61 Forsyth Street SW, Atlanta, rulemakings. On April 26, 2013, and submission establishing that the existing Georgia 30303–8960. Ms. Notarianni can February 8, 2016, KDAQ submitted SIP meets the various applicable be reached via electronic mail at infrastructure SIP submissions to EPA requirements or revising the SIP to meet [email protected] or the that addressed the minor source element those requirements. This type of SIP telephone number (404) 562–9031. of section 110(a)(2)(C) for the pollutants submission is commonly referred to as SUPPLEMENTARY INFORMATION: relevant to the 2012 PM2.5, 2010 NO2, an ‘‘infrastructure’’ SIP. EPA is and 2010 SO2 NAAQS, in addition to approving the portions of these I. Background other infrastructure SIP requirements. infrastructure SIP submissions from Under section 110 of the CAA, states Kentucky that relate to the minor source are required to have SIPs that provide program requirements for the 2012 for the implementation, maintenance, 1 See EPA’s May 10, 2017, action proposing to approve other portions of Kentucky’s infrastructure PM2.5, 2010 NO2, and 2010 SO2 NAAQS. and enforcement of the NAAQS. States SIP submittal for the 2012 PM2.5 NAAQS for a DATES: This rule will be effective April are further required to make a SIP discussion of EPA’s general approach to reviewing 29, 2019. submission meeting the applicable infrastructure SIP submittals. 82 FR 21751.

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KDAQ also provided clarifying • Are not an Executive Order 13771 report containing this action and other information to EPA on December 18, (82 FR 9339, February 2, 2017) required information to the U.S. Senate, 2017, and May 2, 2018, describing regulatory action because SIP approvals the U.S. House of Representatives, and Kentucky’s SIP-approved regulations are exempted under Executive Order the Comptroller General of the United which comprise the basic structural 12866; States prior to publication of the rule in elements of the minor source program in • Do not impose an information the Federal Register. A major rule the Commonwealth.2 collection burden under the provisions cannot take effect until 60 days after it In a notice of proposed rulemaking of the Paperwork Reduction Act (44 is published in the Federal Register. (NPRM) published on November 5, 2018 U.S.C. 3501 et seq.); This action is not a ‘‘major rule’’ as (83 FR 55338), EPA proposed to approve • Are certified as not having a defined by 5 U.S.C. 804(2). the portions of the infrastructure SIP significant economic impact on a Under section 307(b)(1) of the CAA, submissions from Kentucky dated substantial number of small entities petitions for judicial review of this February 8, 2016, and April 26, 2013, under the Regulatory Flexibility Act (5 action must be filed in the United States addressing the minor source U.S.C. 601 et seq.); Court of Appeals for the appropriate • requirements of section 110(a)(2)(C) of Do not contain any unfunded circuit by May 28, 2019. Filing a the CAA for the 2012 PM2.5, 2010 NO2, mandate or significantly or uniquely petition for reconsideration by the and 2010 SO2 NAAQS. The details of affect small governments, as described Administrator of this final rule does not Kentucky’s submissions and the in the Unfunded Mandates Reform Act affect the finality of this action for the rationale for EPA’s actions are explained of 1995 (Pub. L. 104–4); purposes of judicial review nor does it • in the NPRM. Comments on the NPRM Do not have Federalism extend the time within which a petition were due on or before December 5, implications as specified in Executive for judicial review may be filed, and 2018. EPA received no adverse Order 13132 (64 FR 43255, August 10, shall not postpone the effectiveness of 1999); comments on the proposed action. • such rule or action. This action may not Are not an economically significant be challenged later in proceedings to II. Final Action regulatory action based on health or enforce its requirements. See section As described above, EPA is approving safety risks subject to Executive Order 307(b)(2). 13045 (62 FR 19885, April 23, 1997); the portions of the infrastructure SIP • submissions from Kentucky dated Are not a significant regulatory List of Subjects in 40 CFR Part 52 February 8, 2016, and April 26, 2013, action subject to Executive Order 13211 Environmental protection, Air (66 FR 28355, May 22, 2001); addressing the minor source • pollution control, Incorporation by requirements of section 110(a)(2)(C) of Are not subject to requirements of reference, Intergovernmental relations, Section 12(d) of the National the CAA for the 2012 PM2.5, 2010 NO2, Nitrogen dioxide, Reporting and Technology Transfer and Advancement and 2010 SO2 NAAQS. EPA is recordkeeping requirements, Particulate approving the minor source portions of Act of 1995 (15 U.S.C. 272 note) because matter, Sulfur dioxide. application of those requirements would these submissions because they are Dated: March 18, 2019. consistent with section 110 of the CAA. be inconsistent with the CAA; and • Do not provide EPA with the Mary S. Walker, III. Statutory and Executive Order discretionary authority to address, as Acting Regional Administrator, Region 4. Reviews appropriate, disproportionate human 40 CFR part 52 is amended as follows: Under the CAA, the Administrator is health or environmental effects, using required to approve a SIP submission practicable and legally permissible PART 52—APPROVAL AND that complies with the provisions of the methods, under Executive Order 12898 PROMULGATION OF Act and applicable federal regulations. (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS The SIP is not approved to apply on See 42 U.S.C. 7410(k); 40 CFR 52.02(a). ■ Thus, in reviewing SIP submissions, any Indian reservation land or in any 1. The authority citation for part 52 EPA’s role is to approve state choices, other area where EPA or an Indian tribe continues to read as follows: provided that they meet the criteria of has demonstrated that a tribe has Authority: 42 U.S.C. 7401 et seq. the CAA. These actions merely approve jurisdiction. In those areas of Indian state law as meeting federal country, the rule does not have tribal Subpart S—Kentucky requirements and does not impose implications as specified by Executive ■ 2. Section 52.920(e), is amended by additional requirements beyond those Order 13175 (65 FR 67249, November 9, adding new entries for: ‘‘110(a)(1) and imposed by state law. For that reason, 2000), nor will it impose substantial (2) Infrastructure Requirements for the these actions: direct costs on tribal governments or 2010 NO NAAQS’’; ‘‘110(a)(1) and (2) • Are not a significant regulatory preempt tribal law. 2 The Congressional Review Act, 5 Infrastructure Requirements for the 2010 action subject to review by the Office of U.S.C. 801 et seq., as added by the Small SO2 NAAQS’’; and ‘‘110(a)(1) and (2) Management and Budget under Business Regulatory Enforcement Infrastructure Requirements for the 2012 Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides PM2.5 October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the NAAQS’’ at the end of the table to January 21, 2011); agency promulgating the rule must read as follows: submit a rule report, which includes a 2 Kentucky correspondence to EPA dated copy of the rule, to each House of the § 52.920 Identification of plan. December 18, 2017, and May 2, 2018, are in each * * * * * of the dockets for this action under ‘‘Proposed Rule- Congress and to the Comptroller General 2.’’ of the United States. EPA will submit a (e) * * *

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EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Applicable State Name of geographic or submittal EPA approval non-regulatory nonattainment date/effective date Explanations SIP provision area date

******* 110(a)(1) and (2) Infrastruc- Kentucky ...... 4/26/2013 3/28/2019, [Insert citation of Only addresses the minor ture Requirements for the publication]. source program require- 2010 NO2 NAAQS. ments of section 110(a)(2)(C). 110(a)(1) and (2) Infrastruc- Kentucky ...... 04/26/2013 3/28/2019, [Insert citation of Only addresses the minor ture Requirements for the publication]. source program require- 2010 SO2 NAAQS. ments of section 110(a)(2)(C). 110(a)(1) and (2) Infrastruc- Kentucky ...... 2/8/2016 3/28/2019, [Insert citation of Only addresses the minor ture Requirements for the publication]. source program require- 2012 PM2.5 NAAQS. ments of section 110(a)(2)(C).

[FR Doc. 2019–05881 Filed 3–27–19; 8:45 am] SUPPLEMENTARY INFORMATION: NMFS limited-access permits are prohibited BILLING CODE 6560–50–P manages the shallow-set pelagic from shallow-set longline fishing north longline fishery for swordfish in the of the Equator. Pacific Islands according to the Fishery In accordance with § 665.813(b)(2), DEPARTMENT OF COMMERCE Ecosystem Plan for Pelagic Fisheries of the Regional Administrator, NMFS the Western Pacific Region (FEP), Pacific Islands Region, has determined National Oceanic and Atmospheric developed by the Western Pacific that the fishery has reached the annual Administration Fishery Management Council, and interaction limit of 17 North Pacific implemented by NMFS under authority loggerhead turtles. Consequently, NMFS 50 CFR Part 665 of the Magnuson-Stevens Fishery closed the shallow-set component of the [Docket No. 120416010–2476–01] Conservation and Management Act Hawaii-based longline fishery at 9:50 (Magnuson-Stevens Act). Regulations a.m. HST on March 19, 2019. The RIN 0648–XG905 governing fishing by U.S. vessels in closure ends at midnight HST on accordance with the FEP appear at 50 December 31, 2019. Pacific Island Fisheries; Closure of the CFR part 665 and at subpart H of 50 CFR NMFS is currently preparing a 2019 Hawaii Shallow-Set Pelagic part 600. biological opinion that addresses the Longline Fishery The regulations at § 665.813(b)(1) continued operation of the shallow-set AGENCY: National Marine Fisheries establish maximum annual limits on the longline fishery, which may result in Service (NMFS), National Oceanic and numbers of physical interactions that changes to the current annual Atmospheric Administration (NOAA), occur between longline fishing gear and interaction limits. NMFS would publish Commerce. sea turtles. These limits apply to any changes in a future rulemaking. physical interactions with vessels ACTION: Temporary rule; fishery closure. Classification registered with Hawaii longline limited SUMMARY: This final rule closes the access permits while engaged in The Assistant Administrator for Hawaii shallow-set pelagic longline shallow-set longline fishing, i.e., fishing Fisheries, NOAA, has determined that fishery north of the Equator for all that is directed at swordfish. There are this final rule is consistent with the vessels registered under the Hawaii two calendar-year annual limits on Magnuson-Stevens Act, the Endangered longline limited access program. The physical interactions: 26 leatherback sea Species Act, and other applicable laws. shallow-set fishery has reached the turtles (Dermochelys coriacea), and 17 This final rule is required by annual limit of 17 physical interactions loggerhead sea turtles (Caretta caretta). § 665.813(b)(2) and is exempt from with North Pacific loggerhead sea Scientific observers, placed by NMFS review under Executive Order 12866. turtles, so NMFS must close the fishery aboard every vessel engaged in shallow- NMFS has good cause under the for the remainder of the calendar year, set longline fishing, monitor Administrative Procedure Act (5 U.S.C. or until further notice. This action is interactions with turtles. 553(b)(B) and 5 U.S.C. 553(d)(3)) to necessary to comply with regulations The regulations at § 665.813(b)(2) waive prior notice and an opportunity that establish maximum annual limits require NMFS to close the shallow-set for public comment, and the 30 days on the numbers of interactions that fishery as soon as the interaction limit delayed effectiveness, for this temporary occur between longline fishing gear and for either of the two turtle species has rule, as prior notice and comment sea turtles. been determined to have been reached would be contrary to the public interest. DATES: Effective March 27, 2019, in a given year, after giving permit NMFS must implement the closure of through December 31, 2019. Compliance holders and operators actual notice of the fishery immediately to prevent date: 9:50 a.m. Hawaii-Aleutian the closure. Upon receiving actual further impacts to North Pacific Standard Time (HST) on March 19, notice from NMFS, fishermen are loggerhead sea turtles. In addition, 2019, through December 31, 2019. required to immediately remove all providing prior notice and comment FOR FURTHER INFORMATION CONTACT: Bob longline fishing gear from the water. and 30 days delayed effectiveness are Harman, NMFS Pacific Islands Regional Once the fishery is closed, all vessels unnecessary because NMFS has no Office, 808–725–5170. registered under Hawaii longline discretion to take other action because

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such action would be inconsistent with Ellen Sebastian. Mail comments to P.O. The Administrator, Alaska Region Federal regulations. Box 21668, Juneau, AK 99802–1668. (Regional Administrator) considered the Authority: 16 U.S.C. 1801 et seq. Instructions: Comments sent by any following factors in reaching this other method, to any other address or decision: (1) The catch of pollock in Dated: March 22, 2019. individual, or received after the end of Statistical Area 610 of the GOA and, (2) Jennifer M. Wallace, the comment period, may not be the harvest capacity and stated intent on Acting Director, Office of Sustainable considered by NMFS. All comments future harvesting patterns of vessels in Fisheries, National Marine Fisheries Service. received are a part of the public record participating in this fishery. [FR Doc. 2019–05939 Filed 3–27–19; 8:45 am] and NMFS will post the comments for Classification BILLING CODE 3510–22–P public viewing on www.regulations.gov without change. All personal identifying This action responds to the best information (e.g., name, address, etc.), available information recently obtained DEPARTMENT OF COMMERCE confidential business information, or from the fishery. The Assistant National Oceanic and Atmospheric otherwise sensitive information Administrator for Fisheries, NOAA Administration submitted voluntarily by the sender will (AA), finds good cause to waive the be publicly accessible. NMFS will requirement to provide prior notice and 50 CFR Part 679 accept anonymous comments (enter ‘‘N/ opportunity for public comment A’’ in the required fields if you wish to pursuant to the authority set forth at 5 [Docket No. 180831813–9170–02] remain anonymous). U.S.C. 553(b)(B) as such requirement is RIN 0648–XG916 FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public Steve Whitney, 907–586–7228. interest. This requirement is Fisheries of the Exclusive Economic SUPPLEMENTARY INFORMATION: NMFS impracticable and contrary to the public Zone Off Alaska; Pollock in Statistical manages the groundfish fishery in the interest as it would prevent NMFS from Area 610 in the Gulf of Alaska GOA exclusive economic zone responding to the most recent fisheries according to the Fishery Management data in a timely fashion and would AGENCY: National Marine Fisheries delay the opening of directed fishing for Service (NMFS), National Oceanic and Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North pollock in Statistical Area 610 of the Atmospheric Administration (NOAA), GOA. NMFS was unable to publish a Commerce. Pacific Fishery Management Council under authority of the Magnuson- notice providing time for public ACTION: Temporary rule; modification of comment because the most recent, closure. Stevens Fishery Conservation and Management Act. Regulations governing relevant data only became available as SUMMARY: NMFS is opening directed fishing by U.S. vessels in accordance of March 21, 2019. fishing for pollock in Statistical Area with the FMP appear at subpart H of 50 The AA also finds good cause to 610 of the Gulf of Alaska (GOA). This CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective action is necessary to fully use the B The B season allowance of the 2019 date of this action under 5 U.S.C. season allowance of the 2019 total total allowable catch (TAC) of pollock in 553(d)(3). This finding is based upon allowable catch of pollock in Statistical Statistical Area 610 of the GOA is 848 the reasons provided above for waiver of Area 610 of the GOA. metric tons (mt) as established by the prior notice and opportunity for public DATES: Effective 1200 hours, Alaska final 2019 and 2020 harvest comment. local time (A.l.t.), March 26, 2019, specifications for groundfish of the GOA Without this inseason adjustment, through 1200 hours, A.l.t., May 31, (84 FR 9416, March 14, 2019). NMFS could not allow the fishery for 2019. Comments must be received at the NMFS closed directed fishing for pollock in Statistical Area 610 of the following address no later than 4:30 pollock in Statistical Area 610 of the GOA to be harvested in an expedient p.m., A.l.t., April 9, 2019. GOA under § 679.20(d)(1)(iii) on March manner and in accordance with the ADDRESSES: You may submit comments 10, 2019 (84 FR 8626, March 11, 2019). regulatory schedule. Under on this document, identified by FDMS As of March 21, 2019, NMFS has § 679.25(c)(2), interested persons are Docket Number NOAA–NMFS–2018– determined that approximately 848 invited to submit written comments on 0103 by any of the following methods: metric tons of pollock remain in the B this action to the above address until • Electronic Submission: Submit all season allowance for pollock in April 9, 2019. electronic public comments via the Statistical Area 610 of the GOA. This action is required by § 679.25 Federal e-Rulemaking Portal. Go to Therefore, in accordance with and is exempt from review under www.regulations.gov/#!docketDetail;D= § 679.25(a)(1)(i), (a)(2)(i)(C), and Executive Order 12866. NOAA-NMFS-2018-0103, click the (a)(2)(iii)(D), and to fully utilize the B Authority: 16 U.S.C. 1801 et seq. ‘‘Comment Now!’’ icon, complete the season allowance of the 2019 TAC of required fields, and enter or attach your pollock in Statistical Area 610 of the Dated: March 25, 2019. comments. GOA, NMFS is terminating the previous Jennifer M. Wallace, • Mail: Address written comments to closure and is reopening directed Acting Director, Office of Sustainable Glenn Merrill, Assistant Regional fishing for pollock in Statistical Area Fisheries, National Marine Fisheries Service. Administrator, Sustainable Fisheries 610 of the GOA, effective 1200 hours, [FR Doc. 2019–05943 Filed 3–25–19; 4:15 pm] Division, Alaska Region NMFS, Attn: A.l.t., March 26, 2019. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 60

Thursday, March 28, 2019

This section of the FEDERAL REGISTER For service information identified in substantive verbal contact we receive contains notices to the public of the proposed this NPRM, contact Bombardier, Inc., about this NPRM. issuance of rules and regulations. The 400 Coˆte-Vertu Road West, Dorval, Discussion purpose of these notices is to give interested Que´bec H4S 1Y9, Canada; Widebody persons an opportunity to participate in the Customer Response Center North Transport Canada Civil Aviation rule making prior to the adoption of the final (TCCA), which is the aviation authority rules. America toll-free telephone 1–866–538– 1247 or direct-dial telephone 1–514– for Canada, has issued Canadian AD 855–2999; fax 514–855–7401; email CF–2018–31, dated November 28, 2018 DEPARTMENT OF TRANSPORTATION [email protected]; internet (referred to after this as the Mandatory http://www.bombardier.com. You may Continuing Airworthiness Information, Federal Aviation Administration view this service information at the or ‘‘the MCAI’’), to correct an unsafe FAA, Transport Standards Branch, 2200 condition for all Bombardier, Inc., 14 CFR Part 39 South 216th St., Des Moines, WA. For Model CL–600–2C10 (Regional Jet information on the availability of this Series 700, 701 & 702), CL–600–2D15 [Docket No. FAA–2019–0185; Product (Regional Jet Series 705), and CL–600– Identifier 2018–NM–178–AD] material at the FAA, call 206–231–3195. 2D24 (Regional Jet Series 900) airplanes. RIN 2120–AA64 Examining the AD Docket The MCAI states: You may examine the AD docket on During the Bombardier Maintenance Airworthiness Directives; Bombardier, the internet at http:// Review Board (MRB) inspection escalation Inc., Airplanes www.regulations.gov by searching for interval project, it was discovered that the current interval of 8000 hours air time and AGENCY: Federal Aviation and locating Docket No. FAA–2019– previous interval of 6000 hours air time for Administration (FAA), DOT. 0185; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday the MRB Task 320100–203 ‘‘Operational ACTION: Notice of proposed rulemaking Check of the Landing Gear Alternate (NPRM). through Friday, except Federal holidays. Extension System (AES)’’ does not meet the The AD docket contains this NPRM, the certification criteria to cover for all critical SUMMARY: We propose to adopt a new regulatory evaluation, any comments AES failure modes [which could reduce the airworthiness directive (AD) for all received, and other information. The ability of the flightcrew to maintain the safe Bombardier, Inc., Model CL–600–2C10 street address for Docket Operations flight and landing of the airplane]. For this (Regional Jet Series 700, 701 & 702), CL– (phone: 800–647–5527) is in the reason, a new Certification Maintenance 600–2D15 (Regional Jet Series 705), and ADDRESSES section. Comments will be Requirement (CMR) task needs to be CL–600–2D24 (Regional Jet Series 900) available in the AD docket shortly after implemented in the maintenance program at a shorter interval of 1600 hours air time. airplanes. This proposed AD was receipt. This [Canadian] AD mandates a new CMR prompted by a determination that new FOR FURTHER INFORMATION CONTACT: task for an operational check of the AES with or more restrictive airworthiness Darren Gassetto, Aerospace Engineer, interval of 1600 hours air time. limitations are necessary for operational Mechanical Systems and Administrative You may examine the MCAI in the checks of the landing gear alternate Services Section, FAA, New York ACO AD docket on the internet at http:// extension system (AES). This proposed Branch, 1600 Stewart Avenue, Suite www.regulations.gov by searching for AD would require revising the existing 410, Westbury, NY 11590; telephone and locating Docket No. FAA–2019– maintenance or inspection program, as 516–228–7323; fax 516–794–5531; email 0185. applicable, to incorporate new and more [email protected]. restrictive airworthiness limitations. We SUPPLEMENTARY INFORMATION: Related Service Information Under 1 are proposing this AD to address the CFR Part 51 Comments Invited unsafe condition on these products. Bombardier has issued Temporary DATES: We must receive comments on We invite you to send any written Revision (TR) ALI–0652, dated July 9, this proposed AD by May 13, 2019. relevant data, views, or arguments about 2018. This service information describes ADDRESSES: You may send comments, this proposal. Send your comments to airworthiness limitations for a CMR task using the procedures found in 14 CFR an address listed under the ADDRESSES related to operational checks of the 11.43 and 11.45, by any of the following section. Include ‘‘Docket No. FAA– landing gear AES. This service methods: 2019–0185; Product Identifier 2018– information is reasonably available • Federal eRulemaking Portal: Go to NM–178–AD’’ at the beginning of your because the interested parties have http://www.regulations.gov. Follow the comments. We specifically invite access to it through their normal course instructions for submitting comments. comments on the overall regulatory, of business or by the means identified • Fax: 202–493–2251. economic, environmental, and energy in the ADDRESSES section. • Mail: U.S. Department of aspects of this NPRM. We will consider Transportation, Docket Operations, all comments received by the closing FAA’s Determination M–30, West Building Ground Floor, date and may amend this NPRM This product has been approved by Room W12–140, 1200 New Jersey because of those comments. the aviation authority of another Avenue SE, Washington, DC 20590. We will post all comments we country, and is approved for operation • Hand Delivery: Deliver to Mail receive, without change, to http:// in the United States. Pursuant to our address above between 9 a.m. and 5 www.regulations.gov, including any bilateral agreement with the State of p.m., Monday through Friday, except personal information you provide. We Design Authority, we have been notified Federal holidays. will also post a report summarizing each of the unsafe condition described in the

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MCAI and service information We are issuing this rulemaking under the FAA proposes to amend 14 CFR part referenced above. We are proposing this the authority described in Subtitle VII, 39 as follows: AD because we evaluated all the Part A, Subpart III, Section 44701: relevant information and determined ‘‘General requirements.’’ Under that PART 39—AIRWORTHINESS the unsafe condition described section, Congress charges the FAA with DIRECTIVES previously is likely to exist or develop promoting safe flight of civil aircraft in on other products of the same type air commerce by prescribing regulations ■ 1. The authority citation for part 39 design. for practices, methods, and procedures continues to read as follows: the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. Proposed Requirements of This NPRM safety in air commerce. This regulation This proposed AD would require is within the scope of that authority § 39.13 [Amended] because it addresses an unsafe condition revising the existing maintenance or ■ 2. The FAA amends § 39.13 by adding inspection program, as applicable, to that is likely to exist or develop on products identified in this rulemaking the following new airworthiness incorporate new or more restrictive directive (AD): airworthiness limitations. action. This proposed AD is issued in This proposed AD would require Bombardier, Inc.: Docket No. FAA–2019– accordance with authority delegated by 0185; Product Identifier 2018–NM–178– revisions to certain operator the Executive Director, Aircraft AD. maintenance documents to include new Certification Service, as authorized by actions (e.g., inspections). Compliance (a) Comments Due Date FAA Order 8000.51C. In accordance with these actions is required by 14 CFR with that order, issuance of ADs is We must receive comments by May 13, 91.403(c). For airplanes that have been normally a function of the Compliance 2019. previously modified, altered, or repaired and Airworthiness Division, but during (b) Affected ADs in the areas addressed by this proposed this transition period, the Executive None. AD, the operator may not be able to Director has delegated the authority to accomplish the actions described in the issue ADs applicable to transport (c) Applicability revisions. In this situation, to comply category airplanes and associated This AD applies to all Bombardier, Inc., with 14 CFR 91.403(c), the operator appliances to the Director of the System Model CL–600–2C10 (Regional Jet Series 700, must request approval for an alternative Oversight Division. 701 & 702), CL–600–2D15 (Regional Jet Series method of compliance according to 705), and CL–600–2D24 (Regional Jet Series paragraph (i)(1) of this proposed AD. Regulatory Findings 900) airplanes, certificated in any category. Costs of Compliance We determined that this proposed AD (d) Subject would not have federalism implications We estimate that this proposed AD under Executive Order 13132. This Air Transport Association (ATA) of affects 536 airplanes of U.S. registry. We proposed AD would not have a America Code 32, Landing gear. estimate the following costs to comply substantial direct effect on the States, on (e) Reason with this proposed AD: the relationship between the national This AD was prompted by a determination We have determined that revising the Government and the States, or on the that new or more restrictive airworthiness existing maintenance or inspection distribution of power and limitations are necessary for operational program takes an average of 90 work- responsibilities among the various checks of the landing gear alternate extension hours per operator, although we levels of government. system (AES). We are issuing this AD to recognize that this number may vary For the reasons discussed above, I address a deficiency in the existing from operator to operator. In the past, certify this proposed regulation: maintenance or inspection program, as we have estimated that this action takes 1. Is not a ‘‘significant regulatory applicable, that does not meet the 1 work-hour per airplane. Since action’’ under Executive Order 12866; certification criteria for all critical AES operators incorporate maintenance or 2. Is not a ‘‘significant rule’’ under the failure modes, which could reduce the ability inspection program changes for their DOT Regulatory Policies and Procedures of the flightcrew to maintain the safe flight affected fleet(s), we have determined (44 FR 11034, February 26, 1979); and landing of the airplane. 3. Will not affect intrastate aviation in that a per-operator estimate is more (f) Compliance Alaska; and accurate than a per-airplane estimate. 4. Will not have a significant Comply with this AD within the Therefore, we estimate the total cost per economic impact, positive or negative, compliance times specified, unless already operator to be $7,650 (90 work-hours × on a substantial number of small entities done. $85 per work-hour). under the criteria of the Regulatory (g) Maintenance or Inspection Program Authority for This Rulemaking Flexibility Act. Revision Title 49 of the United States Code List of Subjects in 14 CFR Part 39 Within 30 days after the effective date of this AD, revise the existing maintenance or specifies the FAA’s authority to issue Air transportation, Aircraft, Aviation inspection program, as applicable, to rules on aviation safety. Subtitle I, safety, Incorporation by reference, incorporate the information specified in section 106, describes the authority of Safety. Bombardier Temporary Revision (TR) ALI– the FAA Administrator. Subtitle VII: The Proposed Amendment 0652, dated July 9, 2018. The initial Aviation Programs, describes in more compliance time for doing the tasks is at the detail the scope of the Agency’s Accordingly, under the authority time specified in figure 1 to paragraph (g) of authority. delegated to me by the Administrator, this AD.

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FIGURE 1 TO PARAGRAPH (g) OF THIS AD—COMPLIANCE TIMES

Airplane flight hours Compliance time

For airplanes with 4,400 flight hours or less since the last inspection Within 1,760 flight hours from the effective date of this AD. done in accordance with Maintenance Review Board (MRB) Task 320100–203. For airplanes with more than 4,400 flight hours since the last inspection Within 880 flight hours from the effective date of this AD. done in accordance with MRB Task 320100–203.

(h) No Alternative Actions or Intervals Canada; Widebody Customer Response ADDRESSES: You may file comments After the existing maintenance or Center North America toll-free telephone identified by the docket number DOT– inspection program has been revised as 1–866–538–1247 or direct-dial telephone OST–2019–0025 by any of the following required by paragraph (g) of this AD, no 1–514–855–2999; fax 514–855–7401; email methods: [email protected]; internet http:// alternative actions (e.g., inspections) or Æ intervals may be used unless the actions or www.bombardier.com. You may view this Federal eRulemaking Portal: Go to intervals are approved as an alternative service information at the FAA, Transport http://www.regulations.gov and follow method of compliance (AMOC) in Standards Branch, 2200 South 216th St., Des the online instructions for submitting accordance with the procedures specified in Moines, WA. For information on the comments. paragraph (i)(1) of this AD. availability of this material at the FAA, call Æ 206–231–3195. Mail: Docket Management Facility, (i) Other FAA AD Provisions U.S. Department of Transportation, 1200 Issued in Des Moines, Washington, on New Jersey Ave. SE, Room W12–140, The following provisions also apply to this March 20, 2019. AD: Washington, DC 20590–0001. Michael Kaszycki, (1) Alternative Methods of Compliance Æ Hand Delivery or Courier: West (AMOCs): The Manager, New York ACO Acting Director, System Oversight Division, Building Ground Floor, Room W12–140, Aircraft Certification Service. Branch, FAA, has the authority to approve 1200 New Jersey Ave. SE, between 9:00 AMOCs for this AD, if requested using the [FR Doc. 2019–05896 Filed 3–27–19; 8:45 am] a.m. and 5:00 p.m. ET, Monday through procedures found in 14 CFR 39.19. In BILLING CODE 4910–13–P accordance with 14 CFR 39.19, send your Friday, except Federal Holidays. request to your principal inspector or local Æ Fax: (202) 493–2251. Flight Standards District Office, as DEPARTMENT OF TRANSPORTATION Instructions: You must include the appropriate. If sending information directly agency name and docket number DOT– to the manager of the certification office, Office of the Secretary send it to ATTN: Program Manager, OST–2019–0025 or the Regulatory Continuing Operational Safety, FAA, New Identification Number (RIN) for the York ACO Branch, 1600 Stewart Avenue, 14 CFR Part 250 rulemaking at the beginning of your Suite 410, Westbury, NY 11590; telephone comment. All comments received will 516–228–7300; fax 516–794–5531. Before [Docket No. DOT–OST–2019–0025] be posted without change to http:// using any approved AMOC, notify your www.regulations.gov, including any appropriate principal inspector, or lacking a RIN No. 2105–AE67 personal information provided. principal inspector, the manager of the local flight standards district office/certificate Modernizing Payment of Denied Privacy Act: Anyone is able to search holding district office. Boarding Compensation the electronic form of all comments (2) Contacting the Manufacturer: For any received in any of our dockets by the requirement in this AD to obtain corrective AGENCY: Office of the Secretary (OST), name of the individual submitting the actions from a manufacturer, the action must Department of Transportation (DOT). comment (or signing the comment if be accomplished using a method approved ACTION: Notice of proposed rulemaking submitted on behalf of an association, a by the Manager, New York ACO Branch, (NPRM). business, a labor union, etc.). You may FAA; or Transport Canada Civil Aviation review DOT’s complete Privacy Act (TCCA); or Bombardier, Inc.’s TCCA Design SUMMARY: The Department of Approval Organization (DAO). If approved by statement in the Federal Register the DAO, the approval must include the Transportation is proposing to amend published on April 11, 2000 (65 FR DAO-authorized signature. its rule on oversales to allow airlines to 19477–78), or you may visit http:// use electronic payment medias that are DocketsInfo.dot.gov. (j) Related Information equivalent to cash as an option in lieu Docket: For access to the docket to (1) Refer to Mandatory Continuing of check or cash payment to compensate read background documents or Airworthiness Information (MCAI) Canadian passengers who are denied boarding AD CF–2018–31, dated November 28, 2018, comments received, go to http:// involuntarily due to oversales; and www.regulations.gov or to the street for related information. This MCAI may be allow airlines to provide a mandatory found in the AD docket on the internet at address listed above. Follow the online http://www.regulations.gov by searching for written denied boarding notice in an instructions for accessing the docket. and locating Docket No. FAA–2019–0185. oversales situation by electronic means FOR FURTHER INFORMATION CONTACT: (2) For more information about this AD, upon passengers’ consent, in lieu of a contact Darren Gassetto, Aerospace Engineer, paper copy. This action would not Clereece Kroha or Blane A. Workie, Mechanical Systems and Administrative impact airlines’ ability to offer a Office of Aviation Enforcement and Services Section, FAA, New York ACO consumer who is denied boarding Proceedings, U.S. Department of Branch, 1600 Stewart Avenue, Suite 410, involuntarily a choice between flight Transportation, 1200 New Jersey Ave. Westbury, NY 11590; telephone 516–228– vouchers or credits and the required SE, Washington, DC 20590, 202–366– 7323; fax 516–794–5531; email 9-avs-nyaco- denied boarding compensation. 9342 (phone), 202–366–7152 (fax), [email protected]. [email protected] or DATES: Comments should be filed by (3) For service information identified in [email protected] (email). this AD, contact Bombardier, Inc., 400 Coˆte- May 28, 2019. Late-filed comments will Vertu Road West, Dorval, Que´bec H4S 1Y9, be considered to the extent practicable. SUPPLEMENTARY INFORMATION:

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Executive Summary anticipated are expected to be beneficial negotiable check.’’ In doing so, the CAB to both airlines and passengers, and rebutted a carrier’s argument that the 1. Purpose of the Deregulatory Action modest in magnitude. undefined term ‘‘draft’’ can be The purpose of this action is to interpreted to include carrier-issued Background explore additional means for U.S. and flight vouchers. The CAB reiterated that foreign air carriers to compensate To compensate for ‘‘no-shows,’’ many one of the main goals of the oversales passengers who are involuntarily denied airlines overbook their scheduled flights rule was to provide ‘‘prompt, effective, boarding in an oversales situation. by selling more confirmed reservations and adequate’’ compensation to bumped Currently, carriers must provide Denied for a flight than they have seats. At passengers and pointed out that the Boarding Compensation (DBC) by times, it may also be necessary to intended results of the rule, one of issuing cash or checks. This NPRM involuntarily deny boarding to which being that DBC must be paid by proposes to allow carriers to use passengers holding confirmed ‘‘cash or cash equivalent’’, are clear and electronic payment methods in lieu of reservations to comply with safety or that the intent had been uniformly cash or check DBC payments. This operational requirements, or to make interpreted by the industry since 1967. NPRM also proposes to allow U.S. and room for Federal Air Marshall, or other The phrase ‘‘cash or immediately foreign air carriers to provide a law enforcement personnel. The negotiable check’’ remains to be the rule mandatory written notice to consumers Department’s regulation on oversales, 14 as of today. explaining DBC and boarding priorities CFR part 250, establishes the minimum The Department recognizes that the in electronic form. Currently, carriers standards for the treatment of airline means of money transfer offered by the are required to provide this notice in passengers holding confirmed banking systems and other financial print format. reservations who are involuntarily institutions have evolved over the last denied boarding (‘‘bumped’’). Among few decades. In 1984, when the CAB Summary of the Major Provisions of the other requirements, 14 CFR 250.8 required that DBC must be paid by cash Deregulatory Action in Question requires that U.S. and foreign air or check, an immediately negotiable This NPRM proposes to amend the carriers must offer compensation in the check was likely the only form of cash following provisions in 14 CFR part 250: form of cash or immediately negotiable equivalent that was widely available (1) 14 CFR 250.5 Amount of denied check to bumped passengers. The and accessible to the public. Since then, boarding compensation for passengers amount of the cash or negotiable check prepaid access payments 1 have been denied boarding involuntarily. depends on the price of the airline introduced to and accepted by many This provision would be amended to ticket, whether the passenger was merchants. In addition, in recent years, incorporate the proposal of allowing bumped from a domestic flight or electronic fund transfer 2 services, cash equivalent electronic payments for international flight, and the projected previously only available for transfers compensating passengers who are length of the delay caused by the between financial institutions, is now denied boarding involuntarily. bumping. Under DOT rules, if a available for transferring money from (2) 14 CFR 250.8 Denied boarding passenger is bumped involuntarily, the the account holder of a bank to an compensation. cash or check must be tendered on the individual consumer. Further, various This provision would be amended to day and place the denied boarding digital money transfer networks offered incorporate the proposal of allowing occurs, or, under certain circumstances, by non-banking business entities, such cash equivalent electronic payments for by mail or other means within 24 hours. as PayPal, Zelle, Square Cash, Google The Department’s oversales rule was DBC payments, and specify certain Wallet, and Venmo, are becoming more initially promulgated by its predecessor, conditions for these electronic payments and more popular among consumers the Civil Aeronautics Board (CAB) in to ensure that they are indeed due to their accessibility via mobile 1967 (32 FR 11939, Aug. 18, 1967). In equivalent to cash. phone applications. (3) 14 CFR 250.9 Written explanation that final rule, carriers were required to As a result of the aforementioned of denied boarding compensation and tender to a passenger eligible for DBC, money storage and transfer technology boarding priorities, and verbal on the day and place the denied evolution, various airlines have urged boarding occurs, a ‘‘draft’’ for the notification of denied boarding the Department to consider allowing appropriate amount. The rule further compensation. them to provide DBC payments to provides that when a carrier arranges This provision sets forth the written passengers via a prepaid card or other alternate means of transportation that statement that carriers must provide to forms of electronic funds. In 2011, in departs before the draft can be prepared passengers regarding involuntarily the Department’s final rule titled and tendered to the passenger, tender denied boarding. This provision would ‘‘Enhancing Airline Passenger be amended to incorporate the proposal shall be made by mail or other means within 24 hours after the time the to allow carriers to provide the written 1 ‘‘Prepaid access’’ is defined as access to funds statement by electronic means upon denied boarding occurs. In 1984, the or the value of funds that have been paid in passengers’ consent. The written CAB issued an interpretive amendment advance and can be retrieved or transferred at some statement would also be amended to to the rule to make it clear that point in the future through an electronic device or passengers involuntarily denied vehicle, such as a card, code, electronic serial incorporate the proposal of allowing number, mobile identification number, or personal cash equivalent electronic DBC boarding must be paid by cash or an identification number. See 31 CFR 1010.100(ww). payments. immediately negotiable check (49 FR 2 ‘‘Electronic fund transfer’’ means any transfer of 43622, Oct. 31, 1984). The amended rule funds that is initiated through an electronic 2. Summary of Costs and Benefits retains the original rule’s requirement terminal, telephone, computer or magnetic tape for purpose of ordering, instructing, or authorizing a The proposed rule would provide regarding the timing of DBC payment, financial institution to debit or credit a consumer’s regulatory relief to airlines, while that DBC must be paid at the time and account. The term includes, but is not limited to: maintaining aviation consumer place of denied boarding, or tendered (i) Point-of-sale transfers; (ii) Automated teller protections for passengers. The rule within 24 hours after the denied machine transfers; (iii) Direct deposits or withdrawals of funds; (iv) Transfers initiated by would not have a significant economic boarding occurs. However, it replaced telephone; and (v) Transfers resulting from debit impact on airlines or their passengers, the word ‘‘draft’’ as appeared in the rule card transactions, whether or not initiated through and those economic impacts that are with the phrase ‘‘cash or immediately an electronic terminal. See 12 CFR 1005.3.

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Protections’’ (76 FR 23109, Apr. 25, passenger(s) would be subject to Improvement of regulations is a 2011), we responded to some carriers’ involuntarily denied boarding in an continuous focus for the Department. As comments that the Department should oversales situation, if necessary. This a part of that effort, we periodically allow the use of prepaid cards 3 for DBC notice must be provided verbatim to any review existing regulations to ensure payments. In our response, we passenger who was involuntarily denied that they continue to meet the needs for acknowledged the convenience and boarding, immediately following the which they originally were designed, security features offered by electronic denied boarding, and to any other remain cost-effective and cost-justified. funds, but declined to implement a rule persons, upon request, at (1) all airport As such, and in response to A4A’s allowing use of electronic funds as a ticket selling positions that are comment, we undertake this rulemaking substitute for cash or check payments exclusively or jointly under the carrier’s to explore the subject of eliminating the because we had not had the opportunity control, and (2) at boarding locations requirement for paper-based notice and to fully examine the potential benefits (e.g., gates). allowing carriers to provide the notice and limitations of the use of electronic For several decades, carriers complied electronically. funds in that rulemaking proceeding. with this requirement by preprinting a Notice of Proposed Rulemaking We stated that we may explore this large quantity of pamphlets containing issue in future rulemaking. Further, in the written notice as prescribed by the 1. Methods of DBC Payment October 2017, the Department published rule, and distributing the pamphlets to As stated by CAB in 1984, one goal of a Notification of Regulatory Review (82 each station so they would be available the oversales rule is to ensure that FR 45750, October 2, 2017), seeking on demand at the ticket counters and carriers provide ‘‘prompt, effective, and public input on existing rules and other gates. In recent years, some carriers adequate’’ compensation to bumped agency actions that are good candidates began to use computer terminals at the passengers. In light of the technological for repeal, replacement, suspension, or ticket counters and gates to generate advancements that have taken place in modification. Among the comments printed notices on demand. By doing so, money transfer, we ask the public to received, Airlines for America (A4A), carriers may avoid the cost of comment on whether expanding the the trade association for most large U.S. preprinting a large amount of pamphlets scope of ‘‘cash equivalent’’ beyond an air carriers, suggests that the that may be rendered obsolete on a later immediately negotiable check would Department should eliminate the date because the regulatorily mandated still result in ‘‘prompt, effective, and requirement that DBC be paid in cash or DBC maximum amounts contained in adequate’’ compensations to bumped check, and allow airlines to make DBC the notice are subject to inflation passengers. Is there a significant number payments by electronic transfer, credit adjustments. It also avoids the of passengers who do not have access to or flight vouchers. A4A avers that the possibility of running out of or electronic funds and can only access requirement of cash or check DBC misplacing the pamphlets at a station so DBC payments by cash or check? If so, payment is obsolete in today’s society all agents are able to locate and produce how can the Department ensure that all where electronic payments have become the document on a short notice. passengers affected by involuntary the norm. By this NPRM, we fulfill our In comments submitted to the denied boarding, including those stated intention in the 2011 final rule aforementioned 2017 regulatory reform passengers who do not have access to and take the opportunity to examine docket, A4A states that the rule was electronic funds, receive ‘‘prompt and this subject fully, including issues originally implemented long before the effective’’ DBC payments? In the event raised by A4A in its regulatory review internet and email existed, when the Department finalizes a rule to allow comment. airlines had to rely on paper-based The CAB’s 1967 final rule establishing carriers to provide DBC payments in forms of communication with the oversales regulation also included a electronic formats in lieu of cash or consumers. A4A asserts that airlines’ provision that requires greater public check payments, should the rule take compliance with this paper-based notice disclosure of boarding procedures and effect right away or is there a need for requirement creates unnecessary passengers’ rights in the event of an a sunset period for the cash and check logistical challenges and ignores the oversold flight. In a 1978 final rule that payments mandate to be eliminated? greater efficiency and more strengthened this disclosure How long should the sunset period be? environmentally beneficial ability to Since the issuance of the 2011 final requirement, CAB stated that its deliver such notification to consumers rule in which the Department declined adoption of a more stringent public electronically. According to A4A, to address the issue of allowing disclosure requirement was intended to airlines are required to expend alternative DBC payment methods, the afford passengers, who were otherwise considerable resources to print and Department has engaged in discussions generally ignorant of the rule, the distribute these written statements to with the airline industry on this matter. opportunity to take steps to protect consumers, including destroying These discussions with stakeholders themselves from involuntary bumping existing notices and reprinting such have provided valuable information for or to verify that carriers have in fact statements each time the Department the Department to preliminarily assess acted in accordance with the stated adjusts the amount of denied boarding the benefits and limitations of electronic priorities. See 43 FR 24277, at 24281. compensation it requires. A4A funds. With respect to benefits, we Under the current rule, carriers must recommends that the Department recognize that for security and provide a written notice explaining the amend the regulation to allow carriers to administrative reasons, most, if not all, computation of DBC and the carrier’s provide passengers the involuntary carriers may prefer to tender DBC in the boarding priority in determining which denied boarding information form of checks instead of cash. We explanation in an electronic format in acknowledge that there are situations in 3 The comments submitted by these carriers use the term ‘‘debit cards.’’ A debit card is linked to a order to modernize the delivery of such which there is no time for the passenger specific bank account, and in contrast, a prepaid information to consumers, to better to wait for a check or the carrier is card stores a specific amount of money prepaid and ensure up-to-date information is unable to issue the check immediately stored in a media and is not linked to a bank provided, reduce the cost of document following the denied boarding. In these account. For the purpose of providing DBC, we believe a prepaid card is the intended form of destruction as carriers destroy outdated situations, carriers are required to mail payment referred to by these commenters. documents, and eliminate paper waste. a check within 24 hours, but as a

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practical matter, consumers oftentimes check instrument; some cards impose carriers be required to extend the would not have access to the money for various fees on users; and when validity period of the cards to match many days because of the time needed withdrawing cash with the cards at that of a check? Are there any technical for the checks to arrive at their ATMs, there are often withdrawal issues with extending a card’s validity designated addresses by mail, the limits, usage fees, and other conditions period to six months or more? Are there likelihood that the bumped passengers attached. For commonly known any validity periods imposed on funds may be traveling and not at their electronic fund transfer methods, we are transferred via platforms owned and residences to receive the checks, and the not aware of any fees imposed on the operated by other intermediary entities time necessary for depositing the checks recipients of the funds. With respect to such as PayPal? In relation to the into their bank accounts. In contrast to fees imposed on the providers of the validity period of the funds, if there is checks, electronic funds oftentimes are funds (the airlines), we lack information any value left at the end of the validity much easier ways for consumers to on whether they exist and, if so, in what period, should the carriers be required access the money. For example, prepaid format. We welcome public comments to provide the fund to consumers upon cards provide consumers a convenient on this issue. As our goal is to find request? means of payment that are equivalent to way to immediately withdraw cash from (2) Amount of DBC Issued by Electronic cash or check and, at the same time, an automated teller machine (ATM) or Methods allow them to use the cards for increases efficiency and convenience, in purchases at retail stores and in online this NPRM, we propose certain 14 CFR 250.5 specifies the amount of transactions. Similarly, electronic fund conditions that carriers must meet if DBC a carrier must provide to an transfers via a banking system or they choose to offer electronically stored eligible passenger following an through an intermediary platform, such or transferred funds in lieu of cash or involuntary denied boarding incident. as PayPal, provides consumers access to check DBC payments. These conditions The amount of DBC varies depending on the money in a much faster and are intended to eliminate characteristics whether the flight from which the convenient manner. These funds are or fees associated with electronically passenger was bumped was a domestic also available for online transactions. stored or transferred funds that may or international flight, the expected From the carriers’ perspective, issuing render the payment less than its value delay caused by the denied boarding, DBC in electronic formats can facilitate in U.S. dollars. We seek comments on and the amount of fare paid by the a computerized and centralized DBC whether these proposed conditions are passenger. In addition to the prescribed calculation formula, section 250.5 management system, eliminate the need necessary to ensure passengers’ rights to specifies that carriers are not required to to manually issue and mail checks, adequate and prompt DBC payments, pay above a certain amount though increase efficiency, and decrease the and whether instead of imposing these carriers can always choose to do so. In chance of fund mismanagement. For conditions, a performance-based this NPRM, we are not proposing any purpose of this rulemaking, we invite standard that merely requires the DBC changes to the methods of calculating the public as well as experts in the payment to be ‘‘cash equivalent’’ would the amount of DBC or the amount above banking industry to comment on any be sufficient to achieve our goal. Would which carriers are not required to pay other benefits of using these electronic a performance-based standard without (currently at $675 and $1,350). forms of payment to issue DBC. Are specific conditions as the ones proposed here be more appropriate to adapt to the However, considering that some prepaid there any specific distinctions among funds and/or electronically transferred prepaid cards, and various electronic ever-changing technology in fund payment and transfer? Would a funds may incur usage fees for fund transfer platforms (including consumers when they attempt to access directly transferring funds to the performance-based standard without conditions more likely cause confusion cash via ATMs, we are proposing to passengers’ bank accounts and to require carriers to take into account accounts with intermediary transfer and uncertainty regarding compliance among carriers? these usage fees when determining the services such as PayPal) that are amount that must be available from the pertinent in making a form or forms of (1) Validity Period and Residual Value electronic funds. For example, DBC payment more preferable than The current rule does not have a withdrawing cash from an ATM with a others? What type or types of payment specific minimum validity period prepaid card may incur usage charges. are most likely accessible to the majority requirement for DBC payments in the Some bank-owned ATMs charge usage of consumers? Should the carriers be form of checks. According to Article 4 fees solely to users who are not required to provide payments in cash or of the Uniform Commercial Code, a customers of the bank where the ATM check if the offer of electronic payments bank receiving the check may, but is not is installed; some ATM usage fees are are rejected by a passenger for the obligated to, pay a check that is more charged to all users. Further, many reason that it is inaccessible to that than six months old. See U.C.C. § 4–404 ATMs impose a limitation on the individual? What are the estimated (2002). As many prepaid cards have an amount of cash one can withdraw at a administrative costs to carriers for expiration date, in the NPRM, we time or daily, and as a result, a managing these electronic payment propose that to be considered cash consumer may have to make several systems, including administration fees equivalent, an electronic fund’s validity withdrawals to access the full amount of and services fees paid to financial period must be no less than 90 days DBC and therefore, paying multiple institutions or intermediary fund from the date the passenger receives the usage fees. As such, if a passenger is transfer entities, if any? How are these fund, or from the date the fund is entitled to a DBC payment of $1,350 that costs compared to the cost of managing activated, if activation is required, is provided in a prepaid card, and the cash or check DBC payments at both whichever gives the longer validity card provided to the passenger has a headquarters and station levels? period. We seek information on what $300 limit on the amount that can be With respect to limitations of the common validity period of widely withdrawn at one time and a $5 fee for electronic DBC payments, we found available electronic funds, such as each withdrawal, then the carrier would that, compared to cash or check prepaid cards, are, if any. If it is shorter need to increase the amount of DBC payments, many prepaid cards have than the typical check’s validity period payment on the card by $25. The shorter validity periods than a typical (no longer than six months), should the example of $25 or ATM usage fees

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would cover up to five withdrawals at as PayPal, are there any convenient group of merchants and they usually $5 per withdrawal. Are carriers able to ways to get cash from the account? If cannot be used to withdraw cash at an provide prepaid cards that can be used not, is the lack of easy and immediate ATM. A typical example of closed-loop at most ATMs without usage charges access to cash a big concern for card is a gift card for a particular store (e.g., carriers prepay for the anticipated consumers? Are there fees charged to brand. In the NPRM, we propose that charge)? If not, is there a reasonable the recipients for the most commonly the prepaid card provided to consumers amount to cover withdrawal service fees used means of electronic fund transfer? as DBC payment must be an open-loop for most instances, or would a Should the Department prescribe the card so consumers are not restricted determination need to be made on a specific means of electronic fund with a particular merchant when using case by case basis? transfer that carriers may use to pay the fund for purchase and consumers In addition to the amount specific to DBC, or, is a performance-based are able to access cash with the card if cover ATM usage fees, our proposal also standard within which carriers are free so preferred. Furthermore, we note that prohibits carriers from imposing on to choose the preferred means of most ATMs are connected to interbank consumers any other usage-related or electronic fund transfer a better option? networks, enabling consumers to withdraw and deposit money from any maintenance-related charges for the (3) Timeliness of Issuing DBC by 4 machines not belonging to the bank prepaid cards. Our proposal does not Electronic Means intend to require carriers to cover all the where they have their accounts or not in fees that can be charged to a prepaid To ensure that passengers who are the country where their accounts are card, such as cash reload fee, or card-to- denied boarding involuntarily receive held (enabling cash withdrawals in local card transfer fee, but we intend to the DBC payments that they are entitled currency). As such, we are also require carriers to cover any fees that a to in a timely manner, the current rule, including in our proposal prepaid card consumer must pay in order to maintain in section 250.8 requires that the DBC payments that allow consumers to the validity of the cards.5 Examples of payment must be tendered to passengers withdraw cash from any major these fees are weekly or monthly on the day and at the place where the interbank network that is widely maintenance fees, non-activity fees, denied boarding occurred, or, in the available, such as NYCE, PULSE, PLUS, balance inquiry fees, and customer event that carriers arrange alternate and Cirrus, as a permissible type of service call surcharges. Our goal is to transportation that departs before the payments for DBC. We ask for ensure that passengers receive the same DBC payment can be prepared and comments on whether our proposal is tendered, carriers must tender the amount of DBC payment through sufficient to ensure that the electronic payment by mail or other means within electronic format as if they are paid by payments are cash equivalent and can 24 hours of the denied boarding. In this cash or check. We seek public comment easily be used to withdraw cash at NPRM, we are proposing to maintain on commonly charged fees that carriers airports and other locations. this requirement with respect to DBC should be responsible for in order to payments made by cash, check, and (5) Disclosure and Compliance With achieve that goal. cash equivalent provided electronically. Regulation E Further, because DBC payments often We are proposing that tendering The Consumer Financial Protection occur in the context of international payment within 24 hours of the denied Bureau (CFPB) rule implementing the travel, we specifically note that our boarding may include but is not limited Electronic Fund Transfer Act, 12 CFR proposed additional amount for DBC to mailing a check or prepaid card to a part 1005 (Regulation E),6 along with its payment by electronic format to cover passenger within 24 hours of the denied appendixes (Model Disclosure Clauses usage fees such as ATM fees does not boarding or initiating a fund transfer to and Forms and CFPB Official intend to cover any foreign exchange the passenger’s account within 24 hours Interpretations), prescribes various fees that usually occur when a card of the denied boarding. Is this 24-hour disclosure requirements for, among issued by a U.S. entity is used at an requirement reasonable and adequate other things, ‘‘electronic fund ATM overseas for cash withdrawal or for the purpose of tendering electronic transfers’’ 7 and ‘‘general-use prepaid for purchase in foreign currency. This is cash equivalent? card.’’ 8 To the extent that a carrier consistent with the current rule that (4) Type of Electronic Funds and Their requires cash or cash equivalent to be 6 The Electronic Fund Transfer Act establishes provided in U.S. dollars and does not Usage in Commerce the basic rights, liabilities, and responsibilities of require the DBC amount to cover any In this NPRM, we are proposing to consumers who use electronic fund transfer and foreign exchange fees should the remittance transfer services and of financial allow any type of electronic payment institutions or other persons that offer these consumers wish to exchange the U.S. that is considered ‘‘cash equivalent.’’ To services. The primary objective of the Act and 12 dollars into another currency. be equivalent to cash, we consider that CFR part 1005 is the protection of individual Under the proposal, DBC payments the payment must be widely accepted in consumers engaging in electronic fund transfers and that are transferred electronically to a remittance transfers. See 12 CFR 1005.1. commerce for purchases. For example, a 7 For Regulation E’s definition for ‘‘electronic passenger’s bank account would prepaid card can be an open-loop or fund transfer,’’ see FN 2. presumably become accessible for cash closed-loop card. An open-loop prepaid 8 12 CFR part 1005 defines ‘‘general-use prepaid withdrawal with the passenger’s own card is a card with a credit card network card’’ as a card, code, or other device that is issued bank debit card. For electronic fund on a prepaid basis primarily for personal, family, logo on it that can be used for purchase or household purposes to a consumer in a specified transfers to intermediary accounts, such at any location that accepts that brand. amount, whether or not that amount may be Examples of the most commonly increased or reloaded, in exchange for payment; 4 Examples of common fees for prepaid cards can accepted credit card networks are Visa, and redeemable upon presentation at multiple, be found on a web page posted on the Consumer unaffiliated merchants for goods or services, or Financial Protection Bureau’s website lists. See, MasterCard, American Express, and usable at automated teller machines. See 12 CFR https://www.consumerfinance.gov/consumer-tools/ Discover. All prepaid cards that bear 1005.20(a)(3). Further, the rule specifically states prepaid-cards/understand-fees/. one of the major networks’ logos can that its requirements covering ‘‘general-use prepaid 5 Because we are proposing that an electronic also be used at most ATMs for cash cards’’ exclude any cads, code, or device that is not cash equivalent payment should be valid for at least marketed to the general public. As such, it is our 90 days, carriers would be responsible for 90 days withdrawal. In contrast, a closed-loop preliminary understanding that carrier-issued DBC of maintenance fees for a card to the extent there card is a card that can only be used for payment in the form of prepaid card may not be is such a fee. purchase at a specific merchant or a covered by 12 CFR 1005.20 if it is not marketed to

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provides DBC payment by a method payments. For clarification purpose, we are normally not subject to involuntary within the meaning of ‘‘electronic fund propose to revise the rule text in section denied boarding as airlines boarding transfer’’ as defined in Regulation E, we 250.5(c) to make it clear that airlines priority rules often take into account a expect that carriers (which are under the may offer consumers the option of passenger’s disability, and the current Department’s jurisdiction) and/or the choosing either free or reduced rate air rule does not require carriers to provide financial institutions or other entities transportation or the required DBC the written notice in an accessible they use to provide or facilitate the DBC payment. format for these passengers. However, payments (which may fall under the 2. Denied Boarding Notice in Electronic we note that the Department’s rule jurisdiction of CFPB) comply with the Format implementing the Air Carrier Access requirements of Regulation E. Act, 14 CFR part 382, requires that Consistent with the goal of Regulation E The requirement for carriers to carriers’ primary websites must conform and our authority under 49 U.S.C. 41712 provide a written notice regarding to certain accessibility standards 9 by against unfair and deceptive practices, denied boarding rights was included in December 12, 2016, and that in this NPRM, we propose to require the original oversales final rule in 1978. requirement would cover the denied that carriers provide conspicuous The stated goal is to ensure that boarding notice published on carriers’ written disclosure of all material passengers affected by oversales websites. We view this as an additional restrictions and conditions associated understand what they are entitled to benefit of allowing carriers to provide with using and maintaining the card at and are able to make an informed choice denied boarding notice electronically— the time the card is tendered to the between accepting DBC or any other by providing the notice in accessible passenger. Examples of such conditions compensation offers carriers may electronic format, passengers with would be expiration date, activation present. In this NPRM, we propose to disabilities who under the current rule requirement, pin requirement, ATM allow carriers to provide this notice may not have access to the content of withdrawal fees, daily withdrawal electronically, such as by display on an the notice would gain access without amount limit, and network limit, etc. airline tablet, or by email or text assistance. We encourage individuals and entities message with a link to the actual notice having pertinent familiarity with on the internet if the passenger has a Regulatory Analyses and Notices Regulation E to provide input on its device with him or her on which to A. Executive Order 12866 (Regulatory applicability towards any DBC payment access this information. However, in our Planning and Review) and DOT proposal, if a passenger does not methods proposed in this notice, and Regulatory Policies and Procedures whether there are any difficulties for consent to receive this notice in carriers and others to comply with both electronic format and instead, requests a This proposed rule is not a significant Regulation E and our proposals. At this print copy, carriers must produce the regulatory action under section 3(f) of time, we are not proposing to prescribe print copy. Our concern with E.O. 12866 (58 FR 51735, October 4, the manner of written disclosure eliminating the requirement of 1993), Regulatory Planning and Review, carriers must use to notify passengers of providing printed notice upon request is as supplemented by E.O. 13563 (76 FR the limits and restrictions associated that the passenger may want not only to 3821, January 21, 2011), Improving with the cards, nor are we proposing the read the notice and understand his or Regulation and Regulatory Review. specific language of the disclosure. her rights in a timely manner before Accordingly, the Office of Management Consistent with our proposal to allow making a decision about denied and Budget (OMB) has not reviewed it carriers to provide written notice of boarding compensation, but also to under that Order. It is also not denied boarding compensation and retain a copy for further review at a later significant within the meaning of DOT boarding priority by electronic means, time. We assume that most if not all regulatory policies and procedures which will be discussed below, we also carriers are able to produce a print copy (DOT Order 2100.5 dated May 22, 1980; propose to allow carriers to provide using computer terminals at the gates or 44 FR 11034 (February 26, 1979)). disclosures of the limits and restrictions counters, as many of them already do This proposed rule is expected to on electronic DBC payment by currently. We solicit comment regarding provide regulatory relief to airlines, electronic means upon consumers’ the benefit and costs of proposing to while at the same time maintaining consent. We ask public input on require carriers to provide printed aviation consumer protections for whether we should require this notice to the passenger upon request. passengers. The proposed rule would disclosure to be incorporated into the We also request information regarding amend the denied boarding written notice that carriers are required the availability of email or text messages compensation requirements of sections to provide under section 250.9, when to passengers when they travel. 250.5 and 250.8 to allow carriers to use applicable, or whether it is better to With respect to the format of the cash equivalent electronic payment in provide a standalone disclosure electronic notice, we ask whether lieu of cash or check to provide document. carriers may provide emails or text compensation to passengers that are As a final matter for this subject, we messages that include a link to the denied boarding involuntarily and are emphasize that our proposal would actual notice on a webpage that is a part eligible for denied boarding allow carriers to choose from cash, of the carriers’ websites, or whether compensation. The proposed rule would check or cash equivalent electronic carriers should be required to provide also amend the requirements of section payments as a form of mandatory the text of the notice via emails. Is there 250.9 to allow carriers to provide the denied boarding compensation any substantial difference between these mandatory written explanation of payments. Further, this proposal would two formats that affects passengers’ denied boarding compensation by not impact the ability of carriers to offer access to the content of the notice? For electronic means in lieu of a paper copy consumers a choice between flight carriers that have mobile applications vouchers or credits and the mandatory available for consumers to download on 9 14 CFR 382.43(b) requires carriers’ primary their mobile devices, is including the websites to conform to all Success Criteria and all denied boarding compensation Conformance Requirements from the World Wide notice in the mobile applications Web Consortium (W3C) Recommendation 11 the general public. It may still have to comply with sufficient for the purpose of oversales December 2008, website Content Accessibility other sections of Regulation E. disclosure? Passengers with disabilities Guidelines (WCAG) 2.0 for Level AA.

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with the consent of the passenger. The Airlines are required to pay compensation, in the amount of 200 proposed rule would not impact the compensation to certain passengers who percent of the passenger’s one-way fare existing requirements regarding denied are involuntarily denied boarding from to their destination or first stopover, up boarding compensation eligibility for flights on which they hold confirmed to $675, if the delay is 1 to 2 hours (1 passengers that are denied boarding reservations. The amount of the to 4 hours in foreign air transportation involuntarily, or the existing compensation depends on the length of where involuntary denied boarding requirements regarding the methods of delay to their destination. The practice, takes place at a U.S. airport), and 400 calculating the amount of compensation known as ‘‘bumping’’ or ‘‘denied percent of the fare, up to $1,350, if the for passengers that are denied boarding boarding,’’ happens occasionally when delay is over 2 hours (over 4 hours in involuntarily. there are more passengers scheduled to foreign air transportation where The primary entities that would be fly on an airplane than available seats. involuntary denied boarding takes place affected by this proposed rule are U.S. In rare circumstances, this practice may at a U.S. airport). Airlines may offer and foreign carriers to which the be needed to accommodate a Federal consumers a choice between the requirements of 14 CFR part 250 apply, Air Marshall on the plane. When such required denied boarding compensation and passengers with confirmed reserved an oversales situation occurs, airlines and free or reduced fare air space on scheduled flight segments are first required to ask if there are transportation compensation at equal to operated by those carriers and that are passengers willing to give up their seats or greater value (in addition to finding denied boarding involuntarily and are voluntarily in exchange for alternate transportation for the denied eligible for denied boarding compensation, which could include a flight). However, the passenger compensation. The requirements of 14 variety of incentives including money or involuntarily denied boarding may CFR part 250 apply to carriers that flight vouchers, for example. Passengers decline this transportation benefit in operate scheduled flight segments using who choose to give up their seat are favor of cash or check. Airlines often do an aircraft that has a designed passenger considered to have been ‘‘voluntarily not hold cash at boarding locations and capacity of 30 or more passenger seats, denied boarding.’’ If there are not handle the compensation by mailing a operating in interstate air transportation enough volunteers available, any other check within 24 hours of the time of or providing foreign air transportation additional passenger denied boarding is denied boarding. on flight segments originating in the considered to have been ‘‘involuntarily Table 1 below provides a summary of United States. It is currently estimated denied boarding.’’ the annual reported number of that there are approximately 45 U.S. Currently, airlines are required to involuntarily denied boardings for the carriers and 65 foreign carriers to which offer cash or check for compensation to most recent five year period for which the requirements of 14 CFR part 250 passengers who are involuntarily denied data was available (calendar years 2013 apply. boarding and are eligible for through 2017). TABLE 1—PASSENGERS INVOLUNTARILY DENIED BOARDING

Passengers involuntarily denied boarding

Number of Total Not eligible for Eligible for compensation Total Calendar year reporting enplaned compensation Rate per Rate per carriers passengers Percent 10,000 10,000 Percent Number of total passenger Number passenger Number of total enplanements enplanements

2013 ...... 16 620,515,005 14,642 26 42,354 74 0.68 56,996 0.92 2014 ...... 14 601,733,197 14,330 28 35,957 72 0.60 50,287 0.84 2015 ...... 14 645,055,901 17,801 36 31,767 64 0.49 49,563 0.77 2016 ...... 12 660,618,265 16,724 41 24,402 59 0.37 41,126 0.62 2017 ...... 12 680,889,723 8,680 37 14,543 63 0.21 23,223 0.34

Annual Average ...... 14,435 33 29,805 67 0.46 44,239 0.69 Source: U.S. Department of Transportation. Bureau of Transportation Statistics. Data from Form 251 ‘‘Report of Passengers Denied Confirmed Space.’’ Data avail- able at: https://www.bts.gov/denied-confirmed-space (accessed May 4, 2018).

As presented in Table 1, over the most 2013 to a low of 23,000 in 2017. Over As also presented in Table 1, only recent five year period, those U.S. the same time period, total passenger about two-thirds of total involuntarily carriers meeting the reporting enplanements for these reporting denied boardings are eligible for requirement threshold 10 for oversales carriers (excluding inbound compensation and therefore would data recorded an average of international service, to which the potentially be affected by the proposed approximately 45,000 involuntarily oversales regulations are not applicable) rule. The remaining one-third of denied boardings annually, with the have increased from 621 million in 2013 involuntarily denied boardings are not number steadily decreasing throughout to 681 million in 2017, resulting in an eligible for compensation, and therefore this period from a high of 57,000 in even greater decrease in the rate of would not be affected by the proposed involuntarily denied boardings per rule.12 Over the most recent five year 10 For the five years presented in the table, the 10,000 passenger enplanements, from reporting requirement threshold was U.S. airlines 0.92 in 2013 to only 0.34 in 2017.11 12 The reasons for which a passenger who is with at least 1.0% of total domestic scheduled- involuntarily denied boarding would not be eligible service passenger revenues. As of 2018, the for compensation are enumerated in section 250.6, reporting requirement threshold is U.S. airlines 11 U.S. Department of Transportation. Bureau of which remains unchanged in the proposed rule. with at least 0.5% of total domestic scheduled- Transportation Statistics. Data from Form 251 These reasons include: receiving comparable service passenger revenues, resulting in a somewhat ‘‘Report of Passengers Denied Confirmed Space.’’ transportation that is scheduled to arrive within one higher number of reporting carriers (17 reporting Data available at: https://www.bts.gov/denied- hour of the original flight; receiving seating at no carriers as of April 2018). confirmed-space (accessed May 4, 2018). extra charge in a class or section of the aircraft

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period, there were an average of 30,000 in 2017), has been steadily decreasing statements. The decision by an airline to involuntarily denied boardings eligible over the past several years, and appears offer cash equivalent electronic for compensation annually, again with to be continuing that trend based on payment, or an electronic version of the number steadily decreasing data thus far available for 2018. The written explanation of denied boarding, throughout this period from a high of Department does not require foreign air is discretionary. Therefore, it is 42,000 in 2013 to a low of 15,000 in carriers to report the number of expected that an airline would only 2017. Early indications from data passengers who are involuntarily denied adopt these options to the extent that available for the first 6 months of 2018 boarding on their outbound they result in net cost savings. Because show a continued decline in the number international flights from the U.S., and of the discretionary nature of these of involuntarily denied boardings.13 therefore such data are unavailable. choices, the total potential cost savings The number of carriers that are However, anecdotal evidence suggests of these proposals to airlines cannot be required to report oversales data to the that among foreign carriers the rate of estimated. However, due to the Department on Form 251 (17 U.S. involuntarily denied boardings, and the relatively small number of passengers carriers as of April 2018) represent only percentage of involuntarily denied denied boarding involuntarily and a portion of the estimated number of boardings that are eligible for eligible for compensation, the cost carriers to which the oversales compensation, are generally comparable savings to airlines are expected to be requirements of 14 CFR part 250 apply to those of U.S. carriers. modest. Nonetheless, recent comments (45 U.S. carriers, and 65 foreign Passengers denied boarding provided by the airline industry carriers). However, because this smaller voluntarily receive compensation in a indicate that carriers do believe that number of reporting carriers are the top- variety of forms, including through they would realize cost savings from ranked U.S. carriers in terms of electronic payment methods. Making being allowed the option to provide domestic scheduled-service passenger cash equivalent electronic payment cash equivalent electronic payment for revenues, they are believed to represent (with appropriate consumer protections) denied boarding compensation in lieu of a disproportionately large share of the available to the airlines for involuntary cash or check, and from being allowed total involuntarily denied boardings that denied boarding compensation will the option to furnish the written occur among the full population of the expand the flexibility that already exists explanation of denied boarding by estimated 45 U.S. carriers and 65 foreign in the market. While offering this electronic means.14 flexibility and greater choice to the carriers to which the oversales B. Executive Order 13771 (Reducing requirements of 14 CFR part 250 apply. airlines, the proposed rule ensures passengers are protected by specifying Regulation and Controlling Regulatory Therefore, the data presented above Costs) from the reporting carriers are still cash equivalent electronic payment, and believed to be reasonably representative by limiting the extent to which certain This proposed rule is expected to be in describing the extent to which fees sometimes associated with cash an E.O. 13771 deregulatory action. passengers that are involuntarily denied equivalent electronic payment can be Details on the estimated cost savings of boarding and are eligible for imposed. this proposed rule can be found in the compensation would potentially be Under the proposed amendments to rule’s economic analysis. the requirements of section 250.9 that a affected by the proposed rule. C. Regulatory Flexibility Act Overall, the information presented written explanation of denied boarding The Regulatory Flexibility Act of 1980 above supports the conclusion that the compensation be furnished to (RFA) (5 U.S.C. 601 et seq.) requires maximum expected number of passengers that are denied boarding Federal agencies to consider the effects passengers traveling on U.S. carriers involuntarily, carriers would be allowed of their regulatory actions on small that would experience any potential to furnish this notice by electronic businesses and other small entities, and impact from the proposed rule is very means with the consent of the to minimize any significant economic limited (only 0.0021% of enplanements passenger. It is anticipated that carriers would realize a cost savings from this impact. When an agency issues a rulemaking proposal, the RFA requires different than that specified on the ticket, and proposed amendment. These cost receiving an appropriate refund if the fare charged savings are expected to result from the agency to ‘‘prepare and make in the new class or section is lower than that for reductions in the number of hardcopy available for public comment an initial the original ticket; failing to comply with ticketing, printed written statements that would regulatory flexibility analysis’’ which check-in, or reconfirmation procedures; an aircraft will ‘‘describe the impact of the of smaller capacity is substituted for the original be furnished by carriers to passengers, aircraft for operational or safety reasons; or an and the associated cost savings from proposed rule on small entities’’ (5 aircraft of 60 of fewer seats has weight/balance reductions in paper, printing, U.S.C. 603(a)). Section 605 of the RFA restrictions for operational or safety reasons. distribution, and storage. The allows an agency to certify a rule, in lieu 13 U.S. Department of Transportation. Office of magnitude of these potential costs of preparing an analysis, if the proposed Aviation Enforcement and Proceedings. ‘‘Air Travel rulemaking is not expected to have a Consumer Report.’’ October 2018. Page 41. savings to carriers cannot be estimated, Available at: https://www.transportation.gov/sites/ in part because under the proposed rule significant economic impact on a dot.gov/files/docs/resources/individuals/aviation- the decision by a carrier to furnish the substantial number of small entities. consumer-protection/323346/october2018atcr.pdf written statement by electronic means is The primary entities that would be (accessed on November 13, 2018). For the 6 months affected by this proposed rule are of January through June of 2018, 17 reporting discretionary, as is the decision by a airlines recorded a total of only 4,685 involuntarily passenger to choose an electronic carriers to which the requirements of 14 denied boardings. During the same 6-month period version of the written statement when CFR part 250 apply, and passengers in 2017, 12 reporting airlines recorded 17,757 one is offered by a carrier rather than a involuntarily denied boardings, nearly four times as hardcopy printed version. 14 ‘‘Comments of Airlines for America. Part Two: many, despite the smaller number of 12 airlines Proposals for Repeal or Amendment of Specific meeting the reporting requirement threshold for Both proposals are expected to DOT Economic Regulations.’’ December 1, 2017. 2017 (U.S. airlines with at least 1.0% of total provide modest cost savings to airlines Docket ID number DOT–OST–2–17–0069–2751. domestic scheduled-service passenger revenues), as from reductions in costs of handling and Pages 64–65. December 4, 2017. Available at: compared to larger number of 17 airlines meeting processing cash and checks, and https://www.regulations.gov/contentStreamer? the reporting threshold for 2018 (U.S. airlines with documentId=DOT-OST-2017-0069-2751& at least 0.5% of total domestic scheduled-service reductions in costs of printing and attachmentNumber=1&contentType=pdf (accessed passenger revenues). distributing hardcopy printed May 2, 2018).

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with confirmed reserved space on are expected to be modest, and relative or other cash equivalent methods scheduled flight segments operated by to the gross revenues or profits of any provide conspicuous written disclosure those carriers and that are denied affected airlines would not constitute a to passengers about any restrictions and boarding involuntarily and are eligible significant economic impact. limitation on the use and maintenance for denied boarding compensation. Accordingly, the Department certifies of the funds. The title, a description of Airline passengers are not considered that the proposed rule, if promulgated, the respondents, and an estimate of the small entities because they do not meet will not have a significant economic annual recordkeeping burden are set the definition of a small entity in impact on a substantial number of small forth below: Section 601 of the RFA. Under 14 CFR entities. The Department invites REQUIREMENT FOR CARRIERS TO 399.73, for the purposes of the comment on this certification and on PROVIDE WRITTEN DISCLOSURE ON Department’s implementation of the the analysis presented in support of it. LIMITS AND RESTRICTIONS OF RFA, a carrier is a small business if it D. Executive Order 13132 (Federalism) ELECTRONIC PAYMENTS THAT ARE provides air transportation exclusively CASH EQUIVALENT OFFERED AS with small aircraft, defined as any This NPRM has been analyzed in DENIED BOARDING COMPENSATION. aircraft originally designed to have a accordance with the principles and Respondents: U.S. carriers that maximum passenger capacity of 60 seats criteria contained in Executive Order operate scheduled passenger service or less or a maximum payload capacity 13132 (‘‘Federalism’’). This notice does using an aircraft that has a designed of 18,000 pounds or less. not propose any provision that: (1) Has passenger capacity of 30 or more The requirements of 14 CFR part 250 substantial direct effects on the States, passenger seats, and foreign air carriers apply to carriers that operate scheduled the relationship between the national that operate scheduled passenger flight segments using an aircraft that has government and the States, or the service to and from the United States a designed passenger capacity of 30 or distribution of power and using an aircraft that has a designed more passenger seats, operating in responsibilities among the various passenger capacity of 30 or more interstate air transportation or providing levels of government; (2) imposes passenger seats. foreign air transportation on flight substantial direct compliance costs on Number of Respondents: 110 (45 U.S. segments originating in the United State and local governments; or (3) carriers and 65 foreign carriers; States. It is currently estimated that preempts State law. States are already assuming all U.S. and foreign carriers there are approximately 45 U.S. carriers preempted from regulating in this area covered under 14 CFR part 250 choose and 65 foreign carriers to which the by the Airline Deregulation Act, 49 to provide DBC by electronic payments requirements of 14 CFR part 250 apply. U.S.C. 41713. Therefore, the that are cash equivalent). Of these, there may be some that qualify consultation and funding requirements Estimated Annual Burden on as a small business according to the of Executive Order 13132 do not apply. Respondents: 3,125 hours per year for Department’s size standard under 14 E. Executive Order 13084 all respondents. This estimate is based CFR 399.73 (exclusively using aircraft of on an average of approximately 45,000 60 seats or less). However, the This NPRM has been analyzed in passengers that were involuntarily Department believes that the number of accordance with the principles and denied boarding annually by reporting such carriers is very small. For example, criteria contained in Executive Order carriers 15 in the last five years between based April 2018 aircraft registration 13084 (‘‘Consultation and Coordination 2013 and 2017, among which an average data from the Federal Aviation with Indian Tribal Governments’’). of 67 percent were legally eligible for Administration for manned-aircraft, less Because none of the options on which compensation, averaging 30,000. than one percent of registered aircraft we are seeking comment would According to data collected by the (2,054 of 294,387 total aircraft) are significantly or uniquely affect the Department, these reporting carriers’ aircraft designed with a capacity of 30 communities of the Indian tribal combined annual U.S.-originating to 60 passengers seats. There are also governments or impose substantial passenger enplanements counted for very few foreign carriers that fly to and direct compliance costs on them, the approximately 80 percent of the total from the United States that provide air funding and consultation requirements annual enplanements for U.S.- transportation only with small aircraft of Executive Order 13084 do not apply. originating passengers carried by all of 60 seats or less. Given the relatively F. Paperwork Reduction Act U.S. and foreign carriers. Based on this small number of aircraft that fall within data, we estimate that the total number This NPRM proposes a new collection the size range of interest, and the small of passengers that were denied boarding of information that would require number of foreign carriers believed to annually by all carriers subject to Part approval by the Office of Management operate only with aircraft of 60 seats or 250 and are legally entitled to DBC to and Budget (OMB) under the Paperwork less, the Department believes that there be 37,500 (80 percent of which were Reduction Act of 1995 (Pub. L. 104–13, would be very few carriers that are both denied boarding by reporting carriers 49 U.S.C. 3501 et seq.). Under the subject to 14 CFR part 250 and that are and 20 percent by all other carriers) 16. Paperwork Reduction Act, before an providing air transportation exclusively We estimate an average burden of 5 with small aircraft with a maximum agency submits a proposed collection of information to OMB for approval, it passenger capacity of 60 seats or less or 15 For calendar years prior to 2018, reporting a maximum payload capacity of 18,000 must publish a document in the Federal carriers for the purpose of submitting oversales data pounds or less. Therefore, the Register providing notice of the to the Department pursuant to 14 CFR 250.10 were Department believes that the proposed proposed collection of information and U.S. carriers that accounted for at least 1 percent a 60-day comment period, and must of domestic scheduled passenger revenue. The list rule will not have an impact on a of reporting carriers were identified by BTS through substantial number of small entities. otherwise consult with members of the the publication of reporting technical directives. As described earlier, due to the public and affected agencies concerning 16 The Department does not collect oversales data relatively small number of passengers the proposed collection. from smaller U.S. carriers that do not qualify as that are denied boarding involuntarily The collection of information reporting carriers and foreign carriers, and we estimate that the actual percentage of passengers and that therefore may be affected by proposed here is a requirement that involuntarily denied boarding to be much smaller the proposed rule, the potential cost carriers choosing to issue DBC by by the non-reporting U.S. carriers and by foreign savings to airlines of the proposed rule prepaid cards, electronic fund transfer, carriers at U.S. airports.

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minutes for the disclosure required by anticipate any environmental impacts, § 250.8 Denied boarding compensation. this proposal per passenger denied and there are no extraordinary (a) Every carrier shall tender to a boarding involuntarily. The total circumstances present in connection passenger eligible for denied boarding estimated annual burden on all with this rulemaking. compensation, on the day and place the × respondents would be 37,500 5 Issued this 20th day of March, 2019, in denied boarding occurs, except as minutes = 3,125 hours. Washington DC. provided in paragraphs (b) and (c), cash, Frequency: Disclosure is required Elaine L. Chao, an immediately negotiable check, or each time a carrier provides DBC with Secretary of Transportation. electronic payments that are equivalent an electronic DBC payment to a to cash for the appropriate amount of passenger who was denied boarding List of Subjects in 14 CFR Part 250 compensation provided in section involuntarily. Air carriers, Consumer protection, 250.5. Compensation paid by electronic The Department invites interested Reporting and recordkeeping payments that are cash equivalent shall persons to submit comments on any requirements. be in the amounts described in sections aspect of each of these two information For the reasons set forth in the 250.5(a) and 250.5(b), plus an additional collections, including the following: (1) preamble, the Department proposes to amount, as appropriate, to cover The necessity and utility of the amend title 14 CFR Chapter II as potential usage charges described in information collection, (2) the accuracy follows: paragraph (d). of the estimate of the burden, (3) ways (b) Where a carrier arranges for the to enhance the quality, utility, and PART 250—OVERSALES [AMENDED] passenger’s convenience, alternate clarity of the information to be means of transportation that departs collected, and (4) ways to minimize the ■ 1. The authority citation for 14 CFR before payment can be given to the burden of collection without reducing part 250 continues to read as follows: passenger, tender shall be made within the quality of the collected information. Authority: 49 U.S.C. 329, and chapters 24 hours after the time the denied Comments submitted in response to this 401102, 41301, 41708, and 41712. boarding occurs. Tendering funds notice will be summarized or included, ■ 2. Amend § 250.5 by revising includes but is not limited to sending a or both, in the request for OMB approval paragraph (c) to read as follows: check or prepaid card by mail, initiating of these information collections. an electronic transfer of funds to a G. Unfunded Mandates Reform Act § 250.5 Amount of denied boarding compensation for passengers denied passenger’s account and sending an The Department has determined that boarding involuntarily. email or text message with link and instructions to access to funds. the requirements of Title II of the * * * * * Unfunded Mandates Reform Act of 1995 (c) Carriers may offer to consumers (c) Any electronic payments offered do not apply to this notice. the option of choosing between free or for denied boarding compensation as equivalent to cash must satisfy the H. National Environmental Policy Act reduced rate air transportation as a form of denied boarding compensation and following requirements: The Department has analyzed the the required cash, check, or cash (1) The electronic fund must be valid environmental impacts of this proposed equivalent electronic payments due for at least 90 days from the date the action pursuant to the National under paragraphs (a) and (b) of this fund is tendered to the passenger who Environmental Policy Act of 1969 section, if— was involuntarily denied boarding, or (NEPA) (42 U.S.C. 4321 et seq.) and has (1) The value of the transportation from the date the fund is activated if determined that it is categorically benefit offered, excluding any fees or activation is required, whichever is excluded pursuant to DOT Order other mandatory charges applicable for later; 5610.1C, Procedures for Considering using the free or reduced rate air (2) Any electronic fund provided to Environmental Impacts (44 FR 56420, transportation, is equal to or greater consumers as cash equivalent for DBC Oct. 1, 1979). Categorical exclusions are than the cash/check/cash equivalent payment must be a product that is actions identified in an agency’s NEPA electronic payment otherwise required; widely accepted by major payment implementing procedures that do not (2) The carrier fully informs the networks for purchases and must be normally have a significant impact on passenger of the amount of cash/check/ available for cash withdrawal on major the environment and therefore do not cash equivalent electronic ATM networks; require either an environmental compensation that would otherwise be (3) The electronic fund must not assessment (EA) or environmental due and that the passenger may decline impose on consumers maintenance- impact statement (EIS). See 40 CFR the transportation benefit and receive related or other usage-related charges 1508.4. In analyzing the applicability of the cash/check/cash equivalent during the validity period as required by a categorical exclusion, the agency must electronic payment; and paragraph (c)(1) of this section, also consider whether extraordinary (3) The carrier fully discloses all including but not limited to weekly or circumstances are present that would material restrictions, including but not monthly maintenance fees, non-activity warrant the preparation of an EA or EIS. limited to, administrative fees, advance fees, balance inquiry fees, and customer Id. Paragraph 4.c.6.i of DOT Order purchase or capacity restrictions, and service call surcharges. The electronic 5610.1C categorically excludes blackout dates applicable to the offer, on fund may impose other fees that are ‘‘[a]ctions relating to consumer the use of such free or reduced rate beyond the purpose of DBC payment, protection, including regulations.’’ The transportation before the passenger such as foreign transaction fees for purpose of this action is to explore decides to give up the cash/check/cash purchases with or withdrawal of additional means for U.S. and foreign equivalent electronic payment in currency other than U.S. dollars. air carriers to compensate passengers exchange for such transportation. (See (4) Carriers must provide conspicuous who are involuntarily denied boarding also § 250.9(c)). written disclosure of all restrictions and in an oversales situation and allow * * * * * conditions associated with using the carriers to use electronic payment ■ 3. Amend § 250.8 by revising electronic fund at the time the fund is methods in lieu of cash or check DBC paragraphs (a) and (b), and adding new tendered to the passenger, consistent payments. The Department does not paragraph (c) to read as follows: with section 250.9(c).

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■ 4. Amend § 250.9 by revising (c) In addition to furnishing 2019. The https://www.regulations.gov paragraph (a), the ‘‘Method of Payment’’ passengers with the carrier’s written electronic filing system will accept section of paragraph (b), paragraph (c), statement as specified in paragraphs (a) comments until 11:59 p.m. Eastern Time and adding new paragraph (d) to read as and (b) of this section, if the carrier at the end of April 29, 2019. Comments follows: chooses to use cash equivalent received by mail/hand delivery/courier electronic payments for denied boarding (for written/paper submissions) will be § 250.9 Written explanation of denied compensation payment, the carrier must considered timely if they are boarding compensation and boarding priorities, and verbal notification of denied disclose any material restrictions or postmarked or the delivery service boarding compensation. conditions applicable to the payments acceptance receipt is on or before that (a) Every carrier shall furnish to the involuntarily bumped passenger date. in writing at the time of tendering passengers who are denied boarding Electronic Submissions electronic funds. Carriers may provide involuntarily from flights on which they Submit electronic comments in the hold confirmed reserved space this disclosure by electronic means, unless the recipient specifically requests following way: immediately after the denied boarding • Federal eRulemaking Portal: occurs, a written statement explaining receiving it in a printed format. Disclosure furnished by electronic https://www.regulations.gov. Follow the the terms, conditions, and limitations of instructions for submitting comments. denied boarding compensation, and means shall be immediately accessible by commonly used electronic devices Comments submitted electronically, describing the carriers’ boarding priority including attachments, to https:// rules and criteria. The carrier shall also such as mobile phones or tablets. (d) If the carrier orally advises www.regulations.gov will be posted to furnish the statement to any person the docket unchanged. Because your upon request at all airport ticket selling involuntarily bumped passengers that they are entitled to receive free or comment will be made public, you are positions which are in the charge of a solely responsible for ensuring that your person employed exclusively by the discounted transportation as denied boarding compensation, the carrier must comment does not include any carrier, or by it jointly with another confidential information that you or a person or persons, and at all boarding also orally advise the passengers of any material restrictions or conditions third party may not wish to be posted, locations being used by the carrier. such as medical information, your or Carriers may furnish this written applicable to the free or discounted transportation and that they are entitled anyone else’s Social Security number, or statement by electronic means, unless confidential business information, such the recipient specifically requests to choose cash, a check, or electronic cash equivalent payment instead. as a manufacturing process. Please note receiving it in a printed format. that if you include your name, contact [FR Doc. 2019–05858 Filed 3–27–19; 8:45 am] Statement furnished by electronic information, or other information that means shall be immediately accessible BILLING CODE P identifies you in the body of your by commonly used electronic devices comments, that information will be such as mobile phones or tablets. posted on https://www.regulations.gov. (b) * * * DEPARTMENT OF HEALTH AND • If you want to submit a comment HUMAN SERVICES with confidential information that you Method of Payment do not wish to be made available to the Food and Drug Administration Except as provided below, the airline must public, submit the comment as a give each passenger who qualifies for written/paper submission and in the involuntary denied boarding compensation a 21 CFR Part 573 payment for the amount specified above, on manner detailed (see ‘‘Written/Paper the day and at the place the involuntary [Docket No. FDA–2019–F–0670] Submissions’’ and ‘‘Instructions’’). denied boarding occurs. The airline may Written/Paper Submissions choose to pay denied boarding compensation Uralkali PSJ; Filing of Food Additive by cash, check, or electronic payments that Petition Submit written/paper submissions as are equivalent to cash payments. Denied follows: boarding compensation paid by an electronic AGENCY: Food and Drug Administration, • Mail/Hand Delivery/Courier (for payment shall be in the amount specified HHS. written/paper submissions): Dockets above plus an additional amount, if ACTION: Notification; petition for Management Staff (HFA–305), Food and appropriate, sufficient to cover any potential rulemaking. Drug Administration, 5630 Fishers usage charges such as ATM withdrawal fees. Lane, Rm. 1061, Rockville, MD 20852. The airline may not impose any other SUMMARY: The Food and Drug • additional charges and fees for the use and For written/paper comments Administration (FDA, the Agency, or submitted to the Dockets Management maintenance of the electronic fund for at we) is announcing that we have filed a least 90 days from the date the fund becomes Staff, FDA will post your comment, as petition, submitted by Uralkali PSJ, well as any attachments, except for accessible to consumers. If the airline proposing that the food additive arranges alternate transportation for the information submitted, marked and passenger’s convenience that departs before regulations be amended to provide for identified, as confidential, if submitted the payment can be made, the payment shall the safe use of yellow prussiate of soda as detailed in ‘‘Instructions.’’ be sent to the passenger within 24 hours. The as an anticaking agent for potassium Instructions: All submissions received carrier may offer free or discounted chloride in animal food. must include the Docket No. FDA– transportation in place of the cash or cash DATES: Submit either electronic or 2019–F–0670 for ‘‘Food Additives equivalent payment. In that event, the carrier written comments on the petitioner’s Permitted in Feed and Drinking Water must disclose all material restrictions on the environmental assessment by April 29, use of the free or discounted transportation of Animals; Yellow Prussiate of Soda.’’ before the passenger decides whether to 2019. Received comments, those filed in a accept the transportation in lieu of cash or ADDRESSES: You may submit comments timely manner (see ADDRESSES), will be cash equivalent payment. The passenger may as follows. Please note that late, placed in the docket and, except for insist on the required payment or refuse all untimely filed comments will not be those submitted as ‘‘Confidential compensation and bring private legal action. considered. Electronic comments must Submissions,’’ publicly viewable at * * * * * be submitted on or before April 29, https://www.regulations.gov or at the

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Dockets Management Staff between 9 yellow prussiate of soda as an patients and providers (by requiring a.m. and 4 p.m., Monday through anticaking agent for potassium chloride facilities to provide them with Friday. in animal food. additional health information); helping • Confidential Submissions—To We are reviewing the potential to ensure the availability of qualified submit a comment with confidential environmental impact of this petition. mammography personnel; bolstering the information that you do not wish to be To encourage public participation medical outcomes audit to provide made publicly available, submit your consistent with regulations issued under feedback to improve mammography comments only as a written/paper the National Environmental Policy Act interpretations; modernizing submission. You should submit two (40 CFR 1501.4(b)), we are placing the technological aspects of the standards; copies total. One copy will include the environmental assessment submitted and adding additional tools to deal with information you claim to be confidential with the petition that is the subject of noncompliant facilities. with a heading or cover note that states this notice on public display at the DATES: Submit either electronic or ‘‘THIS DOCUMENT CONTAINS Dockets Management Staff (see DATES written comments on the proposed rule CONFIDENTIAL INFORMATION.’’ The and ADDRESSES) for public view and by June 26, 2019. Submit comments on Agency will review this copy, including comment. information collection issues under the the claimed confidential information, in We will also place on public display, Paperwork Reduction Act of 1995 by its consideration of comments. The at the Dockets Management Staff and at April 29, 2019. second copy, which will have the https://www.regulations.gov, any ADDRESSES: You may submit comments claimed confidential information amendments to, or comments on, the as follows. Please note that late, redacted/blacked out, will be available petitioner’s environmental assessment untimely filed comments will not be for public viewing and posted on without further announcement in the considered. Electronic comments must https://www.regulations.gov. Submit Federal Register. If, based on our be submitted on or before June 26, 2019. both copies to the Dockets Management review, we find that an environmental The https://www.regulations.gov Staff. If you do not wish your name and impact statement is not required, and electronic filing system will accept contact information to be made publicly this petition results in a regulation, we comments until 11:59 p.m. Eastern Time available, you can provide this will publish the notice of availability of at the end of June 26, 2019. Comments information on the cover sheet and not our finding of no significant impact and received by mail/hand delivery/courier in the body of your comments and you the evidence supporting that finding (for written/paper submissions) will be must identify this information as with the regulation in the Federal considered timely if they are ‘‘confidential.’’ Any information marked Register in accordance with 21 CFR postmarked or the delivery service as ‘‘confidential’’ will not be disclosed 25.51(b). acceptance receipt is on or before that except in accordance with 21 CFR 10.20 Dated: March 22, 2019. date. and other applicable disclosure law. For Lowell J. Schiller, Electronic Submissions more information about FDA’s posting Acting Associate Commissioner for Policy. of comments to public dockets, see 80 Submit electronic comments in the FR 56469, September 18, 2015, or access [FR Doc. 2019–05954 Filed 3–27–19; 8:45 am] BILLING CODE 4164–01–P following way: the information at: https://www.gpo.gov/ • Federal eRulemaking Portal: fdsys/pkg/FR-2015-09-18/pdf/2015- https://www.regulations.gov. Follow the 23389.pdf. DEPARTMENT OF HEALTH AND instructions for submitting comments. Docket: For access to the docket to HUMAN SERVICES Comments submitted electronically, read background documents or the including attachments, to https:// electronic and written/paper comments Food and Drug Administration www.regulations.gov will be posted to received, go to https:// the docket unchanged. Because your www.regulations.gov and insert the 21 CFR Part 900 comment will be made public, you are docket number, found in brackets in the [Docket No. FDA–2013–N–0134] solely responsible for ensuring that your heading of this document, into the comment does not include any ‘‘Search’’ box and follow the prompts RIN 0910–AH04 confidential information that you or a and/or go to the Dockets Management third party may not wish to be posted, Mammography Quality Standards Act Staff, 5630 Fishers Lane, Rm. 1061, such as medical information, your or Rockville, MD 20852. AGENCY: Food and Drug Administration, anyone else’s Social Security number, or FOR FURTHER INFORMATION CONTACT: HHS. confidential business information, such Chelsea Trull, Center for Veterinary ACTION: Proposed rule. as a manufacturing process. Please note Medicine, Food and Drug that if you include your name, contact Administration, 7519 Standish Pl., SUMMARY: The Food and Drug information, or other information that Rockville, MD 20855, 240–402–6729, Administration (FDA or Agency) is identifies you in the body of your [email protected]. proposing to update the mammography comments, that information will be SUPPLEMENTARY INFORMATION: Under the regulations that were issued under the posted on https://www.regulations.gov. Federal Food, Drug, and Cosmetic Act Mammography Quality Standards Act of • If you want to submit a comment (section 409(b)(5) (21 U.S.C. 348(b)(5))), 1992 (MQSA) and the Federal Food, with confidential information that you we are giving notice that we have filed Drug, and Cosmetic Act (FD&C Act). We do not wish to be made available to the a food additive petition (FAP 2307), are proposing updates to modernize the public, submit the comment as a submitted by Uralkali PSJ, Ul., regulations by incorporating current written/paper submission and in the Pyatiletki 63, Berezniki, Perm Territory, science and mammography best manner detailed (see ‘‘Written/Paper 618426, Russia. The petition proposes to practices. These updates would improve Submissions’’ and ‘‘Instructions’’). amend the food additive regulations in the delivery of mammography services 21 CFR part 573 Food Additives by strengthening the communication of Written/Paper Submissions Permitted in Feed and Drinking Water of healthcare information; allowing for Submit written/paper submissions as Animals to provide for the safe use of more informed decision making by follows:

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• Mail/Hand Delivery/Courier (for ‘‘Search’’ box and follow the prompts I. Executive Summary written/paper submissions): Dockets and/or go to the Dockets Management A. Purpose of the Proposed Rule Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Drug Administration, 5630 Fishers Rockville, MD 20852. Mammography is an x-ray imaging examination used to identify signs of Lane, Rm. 1061, Rockville, MD 20852. Submit comments on information • breast cancer. For women to receive the For written/paper comments collection issues under the Paperwork full benefit of mammography, the submitted to the Dockets Management Reduction Act of 1995 to the Office of Staff, FDA will post your comment, as service must be of high quality, Management and Budget (OMB) in the well as any attachments, except for including performance of the following ways: information submitted, marked and examination by qualified technologists; identified as confidential, if submitted • Fax to the Office of Information and using equipment that is tested and as detailed in ‘‘Instructions.’’ Regulatory Affairs, OMB, Attn: FDA properly functioning; interpretation by Instructions: All submissions received Desk Officer, Fax: 202–395–7285, or qualified physicians; and clear and must include the Docket No. FDA– email to [email protected]. prompt communication of results to 2013–N–0134 for ‘‘Mammography All comments should be identified with patients and their referring healthcare Quality Standards Act; Amendments to the title, Mammography Quality providers. The MQSA establishes Part 900 Regulations.’’ Received Standards Act; Amendments to Part 900 uniform baseline Federal standards comments, those filed in a timely Regulations. designed to ensure that all women manner (see ADDRESSES), will be placed nationwide have access to quality FOR FURTHER INFORMATION CONTACT: in the docket and, except for those mammography services, and its Preetham Sudhaker, Division of submitted as ‘‘Confidential implementing regulations address Mammography Quality Standards Submissions,’’ publicly viewable at standards for accreditation bodies and (DMQS), Center for Devices and https://www.regulations.gov or at the certifying agencies, qualifications of Radiological Health, Food and Drug Dockets Management Staff between 9 personnel at mammography facilities, Administration, 10903 New Hampshire a.m. and 4 p.m., Monday through standards for mammography equipment, Ave., Bldg. 66, Silver Spring, MD 20993, Friday. quality assurance testing, • Confidential Submissions—To 301–796–5911. recordkeeping, and communication of submit a comment with confidential SUPPLEMENTARY INFORMATION: results. Based on technology changes in information that you do not wish to be mammography and our experience with made publicly available, submit your Table of Contents the administration of the MQSA comments only as a written/paper I. Executive Summary program, FDA is proposing to submission. You should submit two A. Purpose of the Proposed Rule modernize and improve the regulations copies total. One copy will include the B. Legal Authority as well as improve the information, information you claim to be confidential C. Summary of the Major Provisions of the including breast density information, with a heading or cover note that states Proposed Rule provided by mammography facilities to ‘‘THIS DOCUMENT CONTAINS D. Costs and Benefits of the Proposed Rule patients and their healthcare providers. CONFIDENTIAL INFORMATION.’’ The II. Table of Abbreviations and Acronyms The proposed changes would require Agency will review this copy, including Commonly Used in This Document that the lay summary provided to the claimed confidential information, in III. Background patients identify whether the patient has its consideration of comments. The A. FDA’s Current Regulatory Framework low or high density breasts and include second copy, which will have the for Mammography a prescribed paragraph on the claimed confidential information B. History of FDA’s Mammography significance of breast density. They redacted/blacked out, will be available Regulations (21 CFR Part 900) would also establish four categories for for public viewing and posted on C. Need for New and Amended Regulations reporting breast tissue density in the https://www.regulations.gov. Submit IV. Legal Authority mammography report that is provided to both copies to the Dockets Management V. Description of the Proposed Rule the patient’s referring healthcare Staff. If you do not wish your name and A. Definitions of Mammography and provider. contact information to be made publicly Mammographic Modality available, you can provide this B. Repeated Failure of Accreditation B. Legal Authority information on the cover sheet and not C. Retention and Provision of Personnel The MQSA (Pub. L. 102–539) was in the body of your comments and you Records enacted on October 27, 1992, and is must identify this information as D. Equipment and Quality Control codified under the Public Health ‘‘confidential.’’ Any information marked E. Mammography Reporting Service (PHS) Act (42 U.S.C. 263b; as ‘‘confidential’’ will not be disclosed F. Recordkeeping section 354 of the PHS Act). Under the G. Mammography Medical Outcomes except in accordance with 21 CFR 10.20 MQSA, all mammography facilities, Audit and other applicable disclosure law. For except facilities of the Department of H. Additional Mammography Review and Veteran Affairs (VA), must be accredited more information about FDA’s posting Patient and Referring Physician by an approved accreditation body and of comments to public dockets, see 80 Notification FR 56469, September 18, 2015, or access I. Additional Bases for Suspension or certified by FDA (or an approved State the information at: https://www.gpo.gov/ Revocation of a Certificate, and certification agency) to provide fdsys/pkg/FR-2015-09-18/pdf/2015- Ineligibility To Own or Operate After mammography services (42 U.S.C. 23389.pdf. Revocation 263b(b)(1), (d)(1)(iv)). FDA is proposing Docket: For access to the docket to VI. Proposed Effective Date these amendments to the mammography read background documents or the VII. Preliminary Economic Analysis of regulations (set forth in part 900 (21 electronic and written/paper comments Impacts CFR part 900)) under section 354 of the received, go to http:// VIII. Analysis of Environmental Impact PHS Act (42 U.S.C. 263b), and sections www.regulations.gov and insert the IX. Paperwork Reduction Act of 1995 of the FD&C Act (sections 519, 537, and docket number, found in brackets in the X. Federalism 704(e); 21 U.S.C. 360i, 360nn, and heading of this document, into the XI. References 374(e)).

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C. Summary of the Major Provisions of qualification records, which are often physicians to review their performance the Proposed Rule needed to work at additional or new and enact quality improvement FDA is proposing three categories of facilities. measures. • Improvements in the way improvements to our mammography mammography results are categorized, D. Costs and Benefits of the Proposed regulations: Improvements that address reported, retained, and transferred to Rule changes in mammography technology; patients and healthcare providers improvements that enhance The primary public health benefits of would, among other things: enforcement of quality standards; and Æ Require that the mammographic the proposed rule come from the improvements in the way examination report include the facility potential for earlier breast cancer mammography results are categorized, name and location (at a minimum, the detection, improved morbidity and reported, retained, and transferred to city, State, and ZIP code of the facility), mortality, resulting in reductions in patients and healthcare providers. cancer treatment costs. • in order to help to ensure that New and amended proposed healthcare providers can obtain the The quantified benefits are derived provisions related to technology would, necessary information to enable them to from reduced mortality and breast among other things, update several assist women in making informed cancer treatment costs resulting from equipment and quality control healthcare decisions; the breast density reporting provisions in the regulations to address Æ Change the explanatory language in requirements. The estimate of current technology, including digital one final assessment category annualized benefits over 10 years ranges mammography. (‘‘benign’’) to promote greater • from $16.27 million to $466.75 million Improvements that enhance consistency and accuracy in the use of at a 7 percent discount rate and $16.27 enforcement would, among other things: the category, and add three new Æ million to $534.03 million at a 3 percent Require that mammograms categories of mammographic assessment discount rate. The costs of the proposed submitted for interpretation be to the existing categories in the rule include costs to mammography presented in the mammographic regulations, which would allow facilities to comply with the proposed modality in which they were originally mammography facilities to more requirements and costs associated with produced, and not be copied or precisely classify and communicate supplemental testing and biopsies digitized, which could adversely affect findings; resulting from the breast density the accuracy of interpretation; Æ Add a specific, required timeframe Æ requirements. The estimate of Prohibit accreditation bodies from for facilities to deliver medical reports annualized costs over 10 years ranges accepting an application for to healthcare providers and the from $34.96 million to $60.50 million at accreditation from a facility that has summary written in lay language to a 7 percent discount rate with a primary failed to become accredited after three patients whose mammograms have value of $47.03 million. Using a 3 consecutive attempts until 1 year after either ‘‘Suspicious’’ or ‘‘Highly percent discount rate, the annualized the most recent accreditation failure; suggestive of malignancy’’ final costs range from $33.86 million to Æ Expressly state that a facility’s assessment categories, which could lead $59.40 million with a primary value of certificate may be suspended or revoked to earlier definitive tissue diagnosis of $45.92 million. The primary estimate of due to a failure to comply with malignancy and earlier start of the present value of costs over 10 years reasonable requests by FDA, the State treatment, and avoid, for the patient, the is $330.29 million at a 7 percent certification agency, or the accreditation anxiety of a protracted waiting period; discount rate and $391.74 million at a body for records, including clinical Æ Require reporting to patients and 3 percent discount rate. images for an additional mammography healthcare providers to include an review (AMR), or with reasonable assessment of breast density, in order to II. TABLE OF ABBREVIATIONS AND requests by current or former facility provide them with additional ACRONYMS COMMONLY USED IN personnel for records documenting their information about their mammography qualifications; and the potential limitations of their THIS DOCUMENT Æ Add the State certification agency mammogram results so they and their as an entity that may initiate an AMR, healthcare providers can make informed which can help detect quality issues, healthcare decisions; and also to state expressly that FDA and Æ American College of Radi- ACR. Require each mammography ology. the State certification agency can notify facility to implement policies and Centers for Disease Control CDC. patients and their providers procedures to minimize the loss of and Prevention. individually or through the mass media mammography images and reports Conference of Radiation Con- CRCPD. when a facility is unable or unwilling to because the loss of these records can trol Program Directors, Inc. perform a required patient and referring have a significant, negative impact on Division of Mammography DMQS. physician notification (PPN), which clinical care, and also specify the Quality Standards. would help to ensure that patients and timeframe within which facilities must Food and Drug Administration FDA or we. providers are informed of serious risks transfer original mammograms and Federal Food, Drug, and Cos- FD&C Act. to human health resulting from copies of reports to patients, healthcare metic Act. mammography that fails to meet quality providers, and others because delays in Institute of Medicine ...... IOM. standards; the transfer of these records can lead to Mammography Quality Stand- MQSA. Æ Require that, before a facility closes delays in diagnosis or treatment; and ards Act of 1992. or no longer provides mammography Æ Clarify the minimum information Mammography Quality Stand- MQSRA. services, it must make arrangements for that facilities must collect during the ards Reauthorization Acts access by patients and healthcare mammography medical outcomes audit of 1998 and 2004. providers to mammography images and because calculating and tracking these National Mammography Qual- NMQAAC. ity Assurance Advisory reports; and values is important to the evaluation of Æ Committee. Require facilities to provide accuracy in detecting breast cancer, Public Health Service Act ...... PHS Act. personnel with copies of their MQSA allowing facilities and interpreting

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III. Background lead to needless anxiety for the patient, activities (see 42 U.S.C. 263b(e)(1) and According to the Centers for Disease costly additional testing, and (3)). The MQSA also requires that, as Control and Prevention (CDC), in 2014, unnecessary biopsies. part of the overall accreditation process, actual clinical mammograms from each the most recent year for which numbers A. FDA’s Current Regulatory Framework facility be evaluated for quality by the are available, over 235,000 women were for Mammography accreditation body (see 42 U.S.C. diagnosed with breast cancer, and more The MQSA was enacted on October than 41,000 women died of the disease 263b(e)(1)(B)(i)). 27, 1992. The passage of the MQSA 2. An annual mammography facility (Ref. 1). According to the National came after the Senate Committee on physics survey, consultation, and Cancer Institute of the National Labor and Human Resources held evaluation performed by a qualified Institutes of Health, in 2017, over hearings on breast cancer and found a medical physicist (see 42 U.S.C. 250,000 women were projected to be wide range of problems with 263b(e)(1)(B)(iv)). diagnosed with breast cancer, and over mammography practice in the United 3. Annual inspection of 40,000 women were projected to die of States, including poor quality mammography facilities, to be the disease (Ref. 2). Among women, equipment, a lack of quality assurance performed by FDA-certified Federal or breast cancer is now the most common (QA) procedures, poorly trained State inspectors (see 42 U.S.C. non-skin cancer and the second leading radiologic technologists and interpreting 263b(g)(1)(E)). If State inspectors are cause of cancer deaths after lung cancer physicians, and a lack of facility used, the MQSA requires a Federal (Ref. 3). Early detection of breast cancer, inspections and consistent audit of the State inspection program by typically involving breast physical governmental oversight (Refs. 7 and 8). direct Federal inspections of a sample of examination and mammography, is the Under the MQSA, a comprehensive State-inspected facilities (see 42 U.S.C. best means of preventing deaths that can statutory scheme for the certification 263b(g)(3)). result if the diagnosis is delayed until and inspection of mammography 4. Establishment of initial and the onset of more advanced symptoms facilities was established to ensure that continuing qualification standards for (Ref. 4). Mammography is a type of only those facilities that comply with interpreting physicians, radiologic medical imaging that uses x-rays to Federal standards of safety and quality technologists, medical physicists, and create images (mammograms) of the could continue to operate after October mammography facility inspectors (see internal structures of the breasts. There 1, 1994. Operation after that date is 42 U.S.C. 263b(f)(1)(C)–(E) and are three types of mammography contingent on receipt of an FDA (g)(1)(D)). referred to in this document: Screen- certificate attesting that the facility 5. Specification of boards or film mammography, full field digital meets the mammography quality organizations eligible to certify the mammography, and digital breast standards. All mammography facilities adequacy of training and experience of tomosynthesis. In screen-film are subject to the MQSA, except for mammography personnel (see 42 U.S.C. mammography, x-rays are transmitted those under the jurisdiction of the VA. 263b(f)(2)). through the breast and expose a sheet of All covered facilities have to meet 6. Establishment of quality standards x-ray film enclosed in a cassette. In full baseline standards in the areas of for mammography equipment and field digital mammography, the x-rays radiation dose, equipment, and practices, including QA and quality go through to an image receptor that is personnel, and other general practices, control programs (see 42 U.S.C. a radiation-sensitive electronic device or such as quality control and quality 263b(f)(1)(A)). plate. Images are displayed on a assurance, are required to be accredited 7. Standards governing recordkeeping computer work station, and can, for by an approved accreditation body and for patient files and requirements for example, be digitally magnified. Digital certified by the Secretary of Health and mammography reporting and patient breast tomosynthesis also uses an Human Services (the Secretary) (42 notification by physicians (see 42 U.S.C. electronic image receptor and a U.S.C. 263b(b)(1) and (d)(1)(A)(iv)). 263b(f)(1)(G)). computer work station, and obtains Facilities must also undergo annual 8. Establishment of the National multiple images at different angles inspections to ensure compliance with Mammography Quality Assurance around the breast, then uses a computer the MQSA requirements (42 U.S.C Advisory Committee (NMQAAC or to reconstruct a series of parallel images 263b(g)(1)). The MQSA also provides for Committee) (see 42 U.S.C. 263b(n)(1)). that resemble slices through the breast. oversight and enforcement to help to Among other things, NMQAAC is Mammography can help detect breast ensure that mammography services required to advise FDA on appropriate cancer in its earliest, most treatable meet these Federal quality standards (42 quality standards for mammography stages, when it is too small to be felt or U.S.C. 263b(h), (i), and (j)). facilities and accreditation bodies (see detected by any other method (Ref. 5). The Mammography Quality Standards 42 U.S.C. 263b(n)(3)). However, as noted by the Government Reauthorization Acts of 1998 and 2004 B. History of FDA’s Mammography Accountability Office (GAO), a (MQSRA) (Pub. L. 105–248 and 108– Regulations (21 CFR Part 900) mammogram is among the most difficult 365) amended the MQSA by, among radiographic images to interpret (Ref. 6). other things, enhancing patient FDA published interim The mammogram must be of high notification concerning health risks and mammography regulations on December quality for accurate image clarifying the types of certificates that 21, 1993 (58 FR 67558 and 58 FR 67565; interpretation. If the image quality is could be issued under the MQSA. see also 59 FR 49808). These interim poor, the interpreter may miss a Specifically, the MQSA requires the regulations established requirements for cancerous lesion. Such a false negative following: entities applying to serve as diagnosis could delay treatment and 1. Accreditation of mammography accreditation bodies and for facilities result in an avoidable death or increased facilities by private, nonprofit applying to obtain FDA certification to morbidity. It is equally true that poor organizations or State agencies that have provide mammography services after quality images or inaccurate been approved by FDA as meeting the October 1, 1994. FDA published interpretations can lead to a false standards established by FDA for comprehensive mammography quality positive diagnosis when normal tissue is accreditation bodies and that continue standards in a final rule published on misinterpreted as abnormal. This could to pass annual FDA reviews of their October 28, 1997 (62 FR 55852). Most of

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these regulations became effective on to the MQSA regulations. At the suspicious, and highly suggestive of April 28, 1999; the remainder became meeting, FDA sought input from the malignancy (see § 900.12(c)(1)(iv)(A)– effective on October 28, 2002. FDA also Committee on the potential inclusion of (E)), or the assessment ‘‘incomplete: published a final rule on the MQSA and breast tissue density information in need additional imaging evaluation’’ State certification agencies on February facility mammography reports. The (see § 900.12(c)(1)(v)). FDA is proposing 6, 2002 (67 FR 5446). Committee advised that FDA require to add to the current categories two new breast density reporting in C. Need for New and Amended categories of final assessment (known mammography reports provided to Regulations biopsy proven malignancy and post- healthcare providers as well as in lay- procedure mammograms for marker Most of the requirements in our language summaries provided to placement), and one new assessment mammography regulations are over 20 patients (Ref. 20). category of incomplete (need prior years old. As described below, major The MQSA and current regulations mammograms for comparison). The developments in understanding relating require a mammography facility to addition of these categories would allow to the importance of certain breast provide a written report on each the mammography facility to more anatomy on breast cancer risk have mammographic examination to the precisely classify its findings (see occurred and FDA believes these patient’s healthcare provider (see 42 section V.E.3 of this proposed rule and developments should be reflected in our U.S.C. 263b(f)(1)(G)(ii)(II); § 900.12(c)(3) proposed § 900.12(c)(1)). In September nationwide standard. In addition, we (21 CFR 900.12(c)(3)). The 2006, the NMQAAC recommended are proposing to update our mammography facility is also required adding these categories to the mammography regulations in response to provide a summary of the report in assessment categories used in the to several gaps that we have identified lay language to the patient (see 42 referring healthcare provider report (Ref. as we have implemented the current U.S.C. 263b(f)(1)(G)(ii)(IV); 22). regulations. For example, FDA is § 900.12(c)(2)). Current regulations do proposing to require that both the not require that a notification of breast IV. Legal Authority mammography report and lay summary density be part of the report provided to The MQSA (Pub. L. 102–539) was include basic mammography facility the healthcare provider or the lay enacted on October 27, 1992, and is identification information. Technology summary provided to the patient. codified at 42 U.S.C. 263b (section 354 has also advanced since the regulations However, there is increasing interest in of the PHS Act). Under the MQSA, all were promulgated, so the proposed breast density reporting, and States are mammography facilities, except regulations would make changes to taking action. Between 2009 and May facilities of the VA, must be accredited reflect current mammography best 2018, 34 States have passed laws by an approved accreditation body and practices and technologies. mandating notification of breast density certified by FDA (or an approved State 1. Additional Information in (Ref. 21). These State laws impose certification agency) to provide Mammography Reporting: Breast requirements that vary from State to mammography services (42 U.S.C. Density State. To ensure all women receive 263b(b)(1) and (d)(1)(iv)). FDA is consistent breast density information Breast density refers to the proportion proposing these amendments to the from their mammograms, FDA is mammography regulations (set forth in of fibroglandular tissue in the breast, as proposing to amend the mammography seen on a mammogram. Mammograms part 900) under section 354 of the PHS reporting requirements in § 900.12(c) to Act (42 U.S.C. 263b), and sections 519, of breasts with higher density are harder require that the written report of the to interpret than those of less dense 537, and 704(e) of the FD&C Act (21 results of the mammographic U.S.C. 360i, 360nn, and 374(e)). breasts, because the dense tissue can examination provided to the healthcare obscure cancers (Ref. 9). In 2005, the provider and the lay summary of the V. Description of the Proposed Rule Institute of Medicine (IOM) noted that results provided to the patient also breast density is a characteristic of some A. Definitions of Mammography and include information concerning patient Mammographic Modality patients that affects the quality of breast density. mammographic interpretation (Ref. 10). FDA is proposing to amend the In addition, since the publication of the 2. Classifications of Mammography definition of ‘‘mammography’’ to current MQSA regulations, peer Assessment exclude computed tomography (CT) of reviewed scientific research has Additionally, the current categories the breast as the requirements in part confirmed that dense breast tissue is one do not account for some important 900 relating to mammography personnel of the factors that increases the chances clinical and mammographic scenarios, qualifications and image quality are not that a woman will develop breast cancer which could lead to confusing applicable to breast CT (§ 900.2(aa)). (Refs. 11 to 15). The CDC accordingly communication between interpreting FDA is also proposing to amend the lists dense breast tissue as one of the physicians and referring healthcare definition of ‘‘mammographic modality’’ risk factors for breast cancer (Ref. 16). providers, and may also lessen the to replace ‘‘xeromammography’’ as an Because dense breast tissue can obscure usefulness of the required medical example of a modality with ‘‘full field small cancers and is also a risk factor for outcomes audit if these cases are digital mammography,’’ as the former is breast cancer, some women with dense incorrectly classified. Classification of an obsolete technology (see § 900.2(z)). breasts may choose, after consulting the assessment of the mammogram is B. Repeated Failure of Accreditation with their healthcare provider, to part of the information that a undergo additional screening. mammography facility currently is FDA is proposing to add a new Additional screening of women with required to include in the subsection to the code of conduct and dense breasts can detect some mammography report (see general responsibilities requirements for additional cancers and reduce delays in § 900.12(c)(1)(iv)). Mammography accreditation bodies, which would treatment (Refs. 17 to 19). facilities classify their findings prohibit an accreditation body from On November 4, 2011, FDA convened regarding a mammogram using the accepting an application for an open public meeting of the following assessment categories: accreditation from a facility that has NMQAAC to consider possible changes Negative, benign, probably benign, failed to become accredited after three

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consecutive attempts until 1 year after services make arrangements for access amend the equipment section to add a the most recent failed attempt (proposed by personnel to these records. new paragraph for equipment of other § 900.4(a)(6)(ii)). modalities (proposed § 900.12(b)(16)) D. Equipment and Quality Control Upon receipt of an accreditation that would require that systems with body’s decision that a facility has The proposed rule would amend parts image receptor modalities other than submitted the necessary information, of the equipment section to address screen-film demonstrate compliance FDA may issue a provisional certificate digital mammography and other with quality standards by successful to the facility so that it can perform changes in technology that have results of QA testing as specified in the mammography and obtain clinical occurred since publication of the section for quality control testing—other images for the purposes of ultimately current regulations (§ 900.12(b)). modalities (§ 900.12(e)(6)). meeting the requirements necessary for 1. Digital Accessories and Unit E. Mammography Reporting accreditation (and later certification). Conversion FDA’s experience with MQSA program FDA also is proposing to amend FDA is proposing to add a new section ‘‘Medical records and administration has shown that some provision that would require that mammography reports’’ (§ 900.12(c)). facilities repeatedly receive a facilities use only digital accessory The proposed rule would amend the provisional certificate—and continue to components that were either approved mammography reporting requirements perform mammography—but repeatedly or cleared by FDA specifically for as described below (see § 900.12(c)). Our resubmit and fail to achieve mammography or approved or cleared goal is to revise the mammography accreditation. This new subsection by FDA for a use that could include reporting regulations to increase the would prohibit an accreditation body mammography and that have the same clarity of communication among from accepting an application for equipment specifications as those mammography facilities, healthcare accreditation from a facility that has approved or cleared for mammography providers, and patients, facilitate the failed to become accredited after three (§ 900.12(b)(2)). All equipment must be retrieval of mammography images, and consecutive attempts until 1 year after designed for mammography. The help ensure that healthcare providers the most recent accreditation failure mechanism by which it is known that and patients are obtaining the necessary (proposed § 900.4(a)(6)(ii)). This would equipment is designed for information from the report of the help to ensure that facilities that have mammography is that it was approved results of a mammographic examination repeatedly failed to meet the required or cleared by FDA for that use. This to enable a woman and her healthcare quality standards will not continue to proposal clarifies that this is applicable provider to make informed healthcare offer mammography services while in to all equipment, including things such decisions. an unaccredited and provisionally as monitors. This change would ensure certified status. FDA believes that three 1. Contents and Terminology that only those components appropriate consecutive failures signify that a for mammography would be used Image quality contributes to accurate facility is not capable of performing clinically. interpretation of mammograms. The mammography that meets the required The proposed rule would also add a MQSA and implementing regulations quality standards. provision establishing that a are intended to ensure that quality C. Retention and Provision of Personnel mammography unit that is converted images are produced. However, FDA’s Records from one mammographic modality to experience has shown that some another is considered a new unit at the facilities copy or digitize clinical Mammography personnel in all facility under this part and, prior to images, and submit these copies, of categories (interpreting physicians, clinical use, must undergo a lesser quality than the original images, radiologic technologists, and medical mammography equipment evaluation to the interpreting physician for physicists) may work in more than one demonstrating compliance with interpretation. This can adversely affect mammography facility. Each facility is applicable requirements. The facility accuracy of interpretation. Therefore, to required to maintain records of the would also have to follow its ensure that the interpreting physician training and experience supporting the accreditation body’s procedures for interprets the actual images, which were qualification of each of its personnel applying for accreditation of that unit. performed in compliance with MQSA (see § 900.12(a)(4)). If a facility worker quality standards, FDA is proposing to loses his or her personal copy of these 2. X-Ray Film/Printer Film change this section on content and records, he or she may attempt to obtain FDA is proposing to rename ‘‘X-Ray terminology of medical records and copies from a facility where he or she film’’ to ‘‘Film’’ and insert the phrase mammography reports to require that works. Experience with MQSA program ‘‘For facilities using screen-film units’’ the mammograms submitted for administration has shown that facilities regarding the use of x-ray film interpretation be presented in the have refused reasonable requests by (§ 900.12(b)(11)). The revised section mammographic modality in which they personnel for copies of these records. also would contain an additional were originally produced, and not be When personnel cannot obtain copies of provision that would require that copied or digitized (§ 900.12(c)(1)). their records to document their facilities using hardcopy prints of 2. Facility Identification and Other qualifications, they may not be able to digital images for transfer, retention, or Information work at additional or new facilities, final interpretation purposes use a type which can lead to reduced public access of printer film designated by the film The existing section on content and to mammography services. FDA is manufacturer as appropriate for this terminology requires that a proposing to amend the retention of purpose and compatible with the printer mammography facility prepare a written personnel records section to require that being used to maintain image quality. report of each mammographic facilities provide copies of these records examination performed under its to personnel upon their reasonable 3. Quality Assurance Testing for certificate (§ 900.12(c)(1)). The proposed request (proposed § 900.12(a)(4)). It Equipment Other Than Screen-Film rule would add a requirement that the would further require that facilities that To ensure compliance with image report include the facility name and close or cease to provide mammography quality standards, FDA is proposing to location (at a minimum, the city, State,

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and ZIP code of the facility) (proposed interpreting physician is aware of supported by the NMQAAC in 2006 § 900.12(c)(1)(ii)). This proposed clinical findings or symptoms, despite (Ref. 20). This category has two roles in addition would help to ensure that the benign assessment, these shall be current clinical practice. It is primarily healthcare providers know which explained).’’ The mammogram assigned used for a mammogram performed facility is providing the report of the this category is not truly ‘‘negative,’’ as following a biopsy to confirm the results of a mammographic examination it has one or more findings. However, deployment and position of a breast so they can follow up with the reporting these findings are benign, and no further tissue marker. During a biopsy using a facility as necessary in order to assist evaluation or follow up is needle to withdraw tissue from a their patients in making informed recommended. This change would suspicious breast lesion, a marker may healthcare decisions. promote greater consistency and be placed at the site, and The existing section on accuracy in the use of the ‘‘benign’’ final mammographic images are obtained to communication of mammography assessment category. assess and document the position of the results to the patients requires that the These proposed changes to the marker. If this mammogram facility provide each patient with a reporting requirements would add three demonstrates that the marker has not summary of the report in lay language new categories (listed below) of deployed or has migrated, placement of within 30 calendar days of the mammographic assessment to the another marker may be necessary before mammographic examination existing categories in the regulations concluding the procedure. Also, if the (§ 900.12(c)(2)). The proposed rule (proposed § 900.12(c)(1)(iv) through tissue biopsy result, when it becomes would revise this subsection to require (c)(1)(vi)). The addition of these available, shows cancer and further that the lay summary include the name categories would allow the surgery is necessary, the marker of the patient, and the name, address, mammography facility to more precisely identifies the site for further surgical and telephone number of the facility classify its findings. planning. The breast abnormality has performing the mammographic One proposed new category is already been found to be examination. This proposed addition ‘‘ ‘Known Biopsy Proven Malignancy.’ mammographically suspicious and would help to ensure that appropriate Reserved for known malignancies being warranting biopsy, and it will be mammography facility identification evaluated by mammography for definitively diagnosed by the tissue information is included in the lay definitive therapy’’ (see proposed biopsy result when available, so this summary sent to the patient. Experience § 900.12(c)(1)(iv)(F)). The addition of post-procedure mammogram does not has shown that inadequate facility this final assessment was recommended contribute to lesion characterization, identification information in in the IOM report of 2005 (Ref. 10), and other final assessments are not mammography reports and lay which was commissioned by Congress appropriate for this mammogram. The summaries can impede communication to address concerns about the quality of other use of this final assessment mammography image interpretation. among healthcare providers and category is for a mammogram performed This recommendation was also patients and hamper the timely to document the position of a supported by the NMQAAC in 2006 provision of medical care. localization needle. During needle (Ref. 22). This assessment would be localization, a needle is positioned as a 3. Mammographic Assessment used when breast imaging is performed temporary marker to direct subsequent Categories after a tissue diagnosis of cancer, but surgery for a nonpalpable lesion seen on Mammography facilities classify their before complete surgical removal of the earlier mammography. The post- findings regarding a mammogram using cancer. The category would alert procedure mammogram is performed as the categories listed in current providers who receive the report that a guide to identify the suspicious site categories for final assessment of the mammographic finding has already findings (§ 900.12(c)(1)(iv)), and they received additional evaluation, for the surgeon who will biopsy or report that classification in the written including tissue diagnosis, and is not a excise the lesion and remove the marker report of the results of each new finding that requires further needle. FDA determined that this mammography examination sent to the evaluation. Additionally, the category proposed category could be used as an healthcare provider. For each final would be relevant to the mammography alternative quality standard (see assessment category in the current medical outcomes audit, which is § 900.18) (Ref. 24). regulations, the words in quotation required under the MQSA regulations FDA proposes to add a third new marks are required to be included in the (see § 900.12(f)). For this required audit, category, ‘‘Incomplete: Need prior medical report, while the remaining each facility must have a system to track mammograms for comparison,’’ for language is intended to provide a mammogram that is found to be either those examinations where no final explanations of the categories to ‘‘suspicious’’ or ‘‘highly suggestive of assessment category can be assigned promote their consistent use but is not malignancy’’ and a process to correlate (proposed § 900.12(c)(1)(v)(B)). This required to be included in the medical the mammographic findings with biopsy assessment category would be reserved report. results. The ‘‘Known Biopsy Proven for examinations where comparison FDA is proposing to change the Malignancy’’ final assessment could be with prior mammograms should be explanatory language associated with used to exclude such cases from the performed before one of the other the ‘‘benign’’ assessment category to mammography medical outcomes audit, assessment categories is given. If this more accurately reflect and in order to avoid counting the same assessment category is used, a follow up communicate the intent of this category cancer case more than once in an audit. report with one of the other assessment (§ 900.12(c)(1)(iv)(B)). Currently the FDA determined that this proposed categories must be issued within 30 prescribed wording associated with this category could be used as an alternative calendar days of the initial report assessment is ‘‘ ‘Benign:’ Also a negative quality standard (see § 900.18) (Ref. 23). whether or not comparison views can be assessment.’’ FDA is proposing to The second proposed new category is obtained. The addition of this change the wording of this category to ‘‘Post-Procedure Mammograms for assessment category was also supported ‘‘ ‘Benign:’ Also a normal assessment, Marker Placement’’ (proposed by the NMQAAC in 2006 (Ref. 22). with benign findings present, but no § 900.12(c)(1)(iv)(G)). The addition of Comparison to previous examinations is evidence of malignancy (if the this final assessment category was also sometimes required to make a final

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assessment. Assigning this ‘‘Incomplete: 5. Breast Density Notification delayed cancer diagnosis (Ref. 9). need prior mammograms’’ assessment as Clinical practice guidelines already Women with dense breasts who receive an assessment category would allow recommend that the interpreting the notification would have additional tracking of these examinations to ensure physician provide breast density information about their own anatomy either that prior examinations are information in the mammography report and be positioned to discuss this and obtained and compared in a timely to the referring healthcare provider (Ref. make more informed healthcare choices fashion, or, if they remain unavailable, 25). Moreover, as of May 2018, facilities with their healthcare providers. With that the current examination is given a in 34 States are also required by State knowledge of their breast density, some definitive final assessment in a timely law to provide breast density women may choose additional fashion. This proposed category is part information to patients (Ref. 21). screening using technology approved by of an assessment that FDA determined Proposed § 900.12(c)(1)(vi) would FDA, either with indications for use could be used as an alternative quality require that the patient’s breast density specifically for dense breasts, or known standard (see § 900.18) (Ref. 23). be included in the mammography report to be effective for evaluating dense that must be provided to the patient’s breasts, which could result in additional 4. Deadlines for Provision of Lay referring or named healthcare provider. cancers detected and reduce delays in Summary to Patient and Report to Proposed § 900.12(c)(1)(vi) would treatment. For example, a device for Provider establish four categories for reporting automated breast ultrasound has been FDA-approved for use in combination Current regulations require that if the breast tissue density in the mammography report: ‘‘The breasts are with a screening mammogram for final assessment in a mammography additional breast cancer screening in report is ‘‘Suspicious’’ or ‘‘Highly almost entirely fatty.’’, ‘‘There are scattered areas of fibroglandular women with dense breasts and a suggestive of malignancy,’’ the facility density.’’, ‘‘The breasts are negative mammogram. One study should make reasonable attempts to heterogeneously dense, which may showed that supplemental ultrasound ensure that the results are obscure small masses.’’, and ‘‘The screening in high-risk women with communicated to the patient and breasts are extremely dense, which dense breasts resulted in the detection healthcare provider as soon as possible lowers the sensitivity of of 1.1 to 7.2 additional cancers per 1,000 (§ 900.12(c)(2) and (c)(3)(ii)). FDA mammography.’’ These four categories women (Ref. 19). The detection of proposes adding a specific timeframe for are consistent with current clinical additional cancers has to be weighed delivery of medical reports to healthcare practice guidelines (Ref. 25). against any increase in false positive providers and the summary written in Based on discussion with the results (Ref. 28). lay language to patients whose NMQAAC in 2011 (Ref. 20), and 6. Mammography Self-Referrals mammograms have either of these two consistent with current clinical practice Current § 900.12(c)(2)(ii) requires that final assessment categories. (Ref. 26) as well as most State density ‘‘Each facility that accepts patients who notification laws (Ref. 27), for The proposed rule would amend do not have a healthcare provider shall notification to patients, FDA has communication of mammography maintain a system for referring such grouped these four categories of breast results to patients and healthcare patients to a healthcare provider when density into two broader groups: Low providers to require that, if the clinically indicated,’’ i.e., when density and high density. Proposed assessment of the mammography report necessitated by the presence of signs or § 900.12(c)(2)(iii) and (c)(2)(iv) would is ‘‘Suspicious’’ or ‘‘Highly suggestive of symptoms of disease. However, many require that the lay summary provided malignancy,’’ the facility must cases of breast cancer are identified due to patients identify whether the patient communicate the results to the referring to an abnormality on a mammogram, in has low or high density breasts and healthcare provider or a healthcare the absence of any clinical signs or include a prescribed paragraph on the provider named by the patient, within 7 symptoms. Proposed § 900.12(c)(2)(ii) significance of breast density. calendar days of the final interpretation FDA developed two patient density adds the term ‘‘mammographically’’ as of the mammographic examination but paragraphs, one intended for patients another indication for which facilities in no case later than 14 calendar days with low breast density and one for must maintain a system for referral to a from the date of the mammographic patients with high breast density with healthcare provider. This addition examination, and to the patient in the input from FDA’s Risk Communication would help to ensure that patients summary written in lay language, Advisory Committee. The paragraphs without healthcare providers and within 7 calendar days of the final contain an explanation of high breast receiving mammographic examinations interpretation of the mammographic tissue density, as well as specific topics from a mammography facility are examination but in no case later than 21 for women to discuss with their referred to healthcare providers when calendar days from the date of the healthcare providers. mammographically appropriate, i.e., mammographic examination The purpose of these proposed breast when appropriate based on the results (§ 900.12(c)(2) and (c)(3)). FDA would density notification requirements is to of the mammogram, as well as when require such action by the facility for provide women and their healthcare clinically appropriate. these two final assessment categories providers with additional information F. Recordkeeping because they both suggest a high regarding their mammography results possibility of malignancy. We believe and the potential limitations of those 1. Policies To Minimize Loss of Records that specifying a timeframe for results to enable women and their Current § 900.12(c)(4)(i) requires communicating these results, instead of healthcare providers to make informed facilities to maintain mammography the open-ended ‘‘as soon as possible,’’ healthcare decisions. As discussed films and reports in a permanent which is currently required, could lead previously, dense breast tissue increases medical record of the patient for a to earlier definitive tissue diagnosis of the risk of developing breast cancer period of not less than 5 years, or not malignancy and earlier start of (Refs. 11 to 13). Dense breast tissue can less than 10 years if no additional treatment, and avoid, for the patient, the also obscure mammographic signs of mammograms of the patient are anxiety of a protracted waiting period. breast cancer and thus result in a performed at the facility, or a longer

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period if mandated by State or local law. releasing a copy upon the patient’s a diagnostic mammogram (consisting of FDA’s experience has shown that, with request. Delays in release of these copies individualized views for the evaluation the widespread use of electronic media can lead to delays in diagnosis or of a woman with breast symptoms, for the storage of soft copy images, treatment, so FDA is proposing to add physical signs of breast disease, or facilities face new technical challenges § 900.12(c)(4)(iii), which would require abnormal findings on a screening regarding maintaining the availability of that each facility that performs mammogram) (Ref. 31). Calculating and current and recent mammograms. Since mammograms, upon request by, or on tracking these three audit metrics would the loss of these images can have a behalf of, the patient, provide copies of allow facilities and interpreting significant impact on patient care, mammograms and copies of physicians to review their performance, facilities must address these challenges. mammogram reports to a medical evaluate their accuracy in detecting The proposed rule (proposed institution, a physician or healthcare breast cancer, and enact quality § 900.12(c)(4)(i)) would amend this provider of the patient, or to the patient improvement measures as necessary. As section to require each facility to directly, and that the release of the a result, FDA is proposing to revise implement policies and procedures to copies must take place within 15 § 900.12(f)(1) and add subparagraphs minimize the possibility of loss of these calendar days of the facility receiving § 900.12(f)(1)(i) through (f)(1)(iii) to records. In addition, since copying or such a request in order to facilitate clarify the minimum information that digitizing a mammographic image can prompt patient care. must be collected during the audit, degrade the quality of the image and including a determination of three of the 4. Facility Closure and Record Access potentially lead to incorrect diagnoses, most clinically significant metrics: the proposed rule would also require FDA is proposing to add Positive predictive value, cancer that, to preserve image quality, the § 900.12(c)(4)(v), which would provide detection rate, and recall rate. mammograms must be retained in that, before a facility closes or no longer H. Additional Mammography Review retrievable form in the mammographic provides mammography services, it and Patient and Referring Physician modality in which they were produced must make arrangements for the Notification and cannot be produced by copying or continued access by patients and digitizing hardcopy originals. healthcare providers to mammograms Existing § 900.12(j) addresses AMR and reports. This access may be and PPN. It sets forth the AMR 2. Transfer of Mammograms and provided by the permanent transfer of procedures, whereby FDA may require Mammography Reports mammograms and reports to the patient the facility to provide clinical images Current § 900.12(c)(4)(ii) requires or her healthcare provider or transfer of and other relevant information to the facilities, upon request by, or on behalf the mammograms and reports to a accreditation body or other entity of, the patient, to permanently or facility or other entity that will continue designated by FDA if FDA believes that temporarily transfer the original to provide access to patients and mammography quality at the facility has mammograms and copies of the healthcare providers within the time been compromised and may present a patient’s reports to a medical periods specified in § 900.12(c)(4)(i). serious risk to human health institution, a physician or healthcare The facility must notify its accreditation (§ 900.12(j)(1)). If FDA determines that provider of the patient, or to the patient body and certifying agency in writing of the quality of mammography performed directly. Since delays in the transfer of the arrangements it has made and must by a facility was so inconsistent with these records can lead to delays in make reasonable efforts to notify all the quality standard established in diagnosis or treatment, the FDA’s affected patients as to how to obtain § 900.12 as to present a significant risk proposed rule (proposed their records. to individual or public health, FDA may § 900.12(c)(4)(ii)) would amend this require such facility to issue a PPN to G. Mammography Medical Outcomes section to require facilities to release notify patients who received records within 15 calendar days of the Audit mammography at such facility and their facility receiving the transfer request in As part of recordkeeping referring physicians of the deficiencies order to facilitate prompt patient care. requirements, the existing MQSA and resulting potential harm, Also, copying or digitizing a regulations, § 900.12(f), require facilities appropriate remedial measures, and mammographic image can degrade the to perform an audit of medical outcomes other relevant information quality of the image and potentially lead of its mammography patients, but do not (§ 900.12(j)(2)). to incorrect diagnoses. Therefore, to specify the information to be collected Proposed revised § 900.12(j)(1) adds preserve image quality, the proposed or evaluated during this audit. Recently, the State certification agency as an rule would also require that the the clinical practice community entity that may initiate an AMR. transferred mammograms be in the recognized that specific audit metrics Proposed revised § 900.12(j)(2) would mammographic modality in which they are particularly relevant to continuous require that referring non-physician were produced, and cannot be produced quality improvement at mammography healthcare providers receive notification by copying or digitizing hardcopy facilities (Refs. 29 and 30). along with referring physicians (many originals. Additionally, for digital Based on this industry best practice, patients are referred for mammography mammograms or digital breast FDA is proposing to clarify the by non-physician healthcare providers), tomosynthesis, if the examination is minimum required components of the and expressly state that FDA and the being transferred for final interpretation medical outcomes audit, including the State certification agency can notify purposes, the facility must be able to calculation of three clinically significant patients and their providers provide the recipient with original metrics known as positive predictive individually or through the mass media digital images electronically. value, cancer detection rate, and recall when a facility is unable or unwilling to rate (see proposed § 900.12(f)(1)). The perform the required notification. This 3. Provision of Copies of Mammograms latter two metrics incorporate the proposed subsection also would make and Mammography Reports accepted clinical distinction between a clear that a PPN could be based on With the widespread use of digital screening mammogram (consisting of information discovered during the AMR mammography, facilities often retain the routine views for the earlier detection of or it could be based on other original mammogram even when cancer in an asymptomatic woman) and information. These proposals would

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help to assure that quality 42 U.S.C. 263b(i) and not 41 U.S.C. result in an expenditure in any year that mammography services are provided 263b(i). meets or exceeds this amount. and that patients and providers are VI. Proposed Effective Date B. Summary of Benefits and Costs informed of significant risk to individual or public health resulting FDA proposes that any final rule that The proposed rule would modernize from mammography that fails to meet may issue based on this proposal mammography regulations by quality standards. become effective 18 months after the incorporating current science and date of publication of the final rule in mammography best practices to improve I. Additional Bases for Suspension or the delivery of mammography services. Revocation of a Certificate, and the Federal Register. Facilities need time to become familiar with new The proposed updates include Ineligibility To Own or Operate After requirements on recordkeeping, Revocation requirements and to add breast density reporting to their reporting systems. reporting, and communication of Revisions to § 900.14(a)(3) would results. This proposed rule also expressly state that FDA and State VII. Preliminary Economic Analysis of addresses procedural requirements in certification agencies can suspend or Impacts several areas related to quality control and management of mammography revoke the certificate of a facility that A. Introduction fails to comply with reasonable requests facilities. by FDA, the State certification agency, FDA has examined the impacts of the The benefits and costs associated with or the accreditation body for records, proposed rule under Executive Order this proposed rule are summarized in including clinical images for an AMR 12866, Executive Order 13563, table 1. The quantified benefits are under § 900.12(j). Experience with Executive Order 13771, the Regulatory derived from reduced mortality and MQSA program administration has Flexibility Act (5 U.S.C. 601–612), and breast cancer treatment costs resulting shown that some facilities are unable or the Unfunded Mandates Reform Act of from the breast density reporting unwilling to cooperate with 1995 (Pub. L. 104–4). Executive Orders requirements. In this analysis, we use submissions for such requested 12866 and 13563 direct us to assess all two methods of measuring the value of materials. The refusal to provide records costs and benefits of available regulatory reduced mortality: The value per can delay identification of serious risks alternatives and, when regulation is statistical life (VSL) approach and an to human health or delay notification of necessary, to select regulatory approach based on the value of lost significant risk to individual or public approaches that maximize net benefits quality-adjusted life years (QALY). health to affected patients and their (including potential economic, Under the VSL approach, the estimate of healthcare providers. environmental, public health and safety, annualized benefits over 10 years ranges In addition, proposed § 900.14(a)(7) and other advantages; distributive from $73.24 million to $466.75 million would state that FDA may suspend or impacts; and equity). Executive Order at a 7 percent discount rate. Using a 3 revoke the certificate of a facility that 13771 requires that the costs associated percent discount rate, the annualized fails to comply with reasonable requests with significant new regulations ‘‘shall, benefits range from $85.33 million to by current or former facility personnel to the extent permitted by law, be offset $534.03 million. Under the QALY for records documenting their by the elimination of existing costs approach, the estimate of annualized qualifications. Experience with MQSA associated with at least two prior benefits over 10 years ranges from program administration has also shown regulations.’’ We believe that this $16.27 million to $77.23 million at a 7 that facilities have refused reasonable proposed rule is a significant regulatory percent discount rate. Using a 3 percent requests to give copies of their records action as defined by Executive Order discount rate, the annualized benefits to the personnel named in the records. 12866. range from $16.27 million to $ 61.77. When personnel cannot obtain copies of Because there is uncertainty in the their records to document their The Regulatory Flexibility Act literature about the most appropriate qualifications under MQSA, they may requires us to analyze regulatory options method for analyzing reduced mortality be prevented from working at additional that would minimize any significant for the population affected by this or new facilities, which can lead to impact of a rule on small entities. proposed rule, we do not present a reduced public access to mammography Because many facilities that will be primary value and use estimates from services. affected by this rule are defined as small both methods to create the range of The MQSA (42 U.S.C. 263b(i)) states businesses, we find that the proposed values in Table 1. The high estimate in that upon the finding of certain acts, rule will have a significant economic Table 1 is based on the VSL approach, such as misrepresentation in obtaining a impact on a substantial number of small which yields the higher bound estimate certificate, failure to comply with entities. of the two methods. The low estimate is quality standard requirements, failure to The Unfunded Mandates Reform Act based on the QALY approach, which provide certain information to FDA in of 1995 (section 202(a)) requires us to yields the lower bound estimate of the response to reasonable requests, failure prepare a written statement, which two methods. Other benefits that we are to permit inspection, violation of any includes an assessment of anticipated not able to quantify include provision of the MQSA or regulation costs and benefits, before proposing improvements in the accuracy of promulgated under the MQSA, and ‘‘any rule that includes any Federal mammography by improving quality failure to comply with a sanction, a mandate that may result in the control and records management, and facility’s certificate may be revoked. If a expenditure by State, local, and tribal effects on morbidity. facility’s certificate is revoked, persons governments, in the aggregate, or by the The costs of the proposed rule include who owned or operated the facility at private sector, of $100,000,000 or more costs to mammography facilities to the time of revocation are ineligible to (adjusted annually for inflation) in any comply with the proposed requirements own or operate a mammography facility one year.’’ The current threshold after and costs associated with supplemental for 2 years. adjustment for inflation is $150 million, testing and biopsies resulting from the FDA is also revising § 900.11(c) to using the most current (2017) Implicit breast density requirements. The correct a citation error to the MQSA and Price Deflator for the Gross Domestic estimate of annualized costs over 10 make clear that § 900.14(c) implements Product. This proposed rule would years ranges from $34.96 million to

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$60.50 million at a 7 percent discount million to $59.40 million with a primary percent discount rate and $391.74 rate with a primary value of $47.03 value of $45.92 million. The primary million at a 3 percent discount rate. million. Using a 3 percent discount rate, estimate of the present value of costs the annualized costs range from $33.86 over 10 years is $330.29 million at a 7 TABLE 1—SUMMARY OF BENEFITS AND COSTS IN MILLIONS 2017 DOLLARS OVER A 10-YEAR TIME HORIZON

Units Primary Category estimate Low estimate High estimate Discount rate Period Notes Year dollars (%) covered

Benefits: Annualized ...... $16.27 $466.75 2017 7% 10 years Monetized $/year ...... 16.27 534.03 2017 3 10 years Annualized Quantified ...... 7 3

Qualitative ...... Improvements in the accuracy of mammography and better management of mammography fa- cilities.

Costs: Annualized Monetized $/year ... 47.03 34.96 60.50 2017 7 10 years 45.92 33.86 59.40 2017 3 10 years Annualized Quantified ...... 7 3 Qualitative. Transfers: Federal ...... 7 Annualized Monetized $/year ...... 3

From/To ...... From: To:

Other ...... 7 Annualized Monetized $/year ...... 3

From/To ...... From: To:

Effects: State, Local or Tribal Government: Small Business: Annual cost per affected small entity estimated as 357-623, which would represent a maximum of 2.7 percent of annual receipts Wages: Growth:

In line with Executive Order 13771, in savings over an infinite time horizon. would be considered a regulatory action table 2 we estimate present and Based on these costs this proposed rule under E.O. 13771. annualized values of costs and cost

TABLE 2—EO 13771 SUMMARY TABLES IN MILLIONS 2016 DOLLARS OVER AN INFINITE TIME HORIZON

Primary Lower bound Upper bound Primary Lower bound Upper bound (7%) (7%) (7%) (3%) (3%) (3%)

Present Value of Costs ...... $615.44 $446.14 $804.56 $1,378.67 $983.65 $1,819.96 Present Value of Cost Savings ...... 0 0 0 0 0 0 Present Value of Net Costs ...... 615.44 446.14 804.56 1,378.67 983.65 1,819.96 Annualized Costs...... 43.08 31.23 56.32 41.36 29.51 54.60 Annualized Cost Savings ...... 0 0 0 0 0 0 Annualized Net Costs...... 43.08 31.23 56.32 41.36 29.51 54.60

C. Summary of Regulatory Flexibility One-time costs are 26.7 percent of The full analysis of economic impacts Analysis receipts and annual costs are 4.1 percent is available in the docket for this We estimate that there are 4,585 non- of receipts for the smallest diagnostic proposed rule (Ref. 32) and at https:// hospital facilities and 4,106 hospitals imaging centers. Based on this, we www.fda.gov/AboutFDA/ReportsMan that perform mammography. A conclude that the proposed rule, if ualsForms/Reports/EconomicAnalyses/ minimum of 3,865 of the mammography finalized, would have a significant default.htm. We solicit comment about facilities in operation for the entire year, impact on a substantial number of small the analysis of economic impacts. or 95 percent of the total, would be entities. The proposed regulation would VIII. Analysis of Environmental Impact small. At least 382 of all hospitals with have smaller effects on hospitals less than $10 million in annual receipts, because they provide more diversified The Agency has determined under 21 or 9 percent of the total, are small. The services and tend to be larger. We have CFR 25.30(h) that this action is of a type estimated one-time cost is $4,100 to developed a comprehensive Economic that does not individually or $6,474 per facility. The estimated Analysis of Impacts that assesses the cumulatively have a significant effect on annual cost is $357 to $623 per facility. impacts of the proposed rule. the human environment. Therefore,

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neither an environmental assessment are subject to review functions, help ensure that healthcare providers nor an environmental impact statement including whether the information will and patients obtain the necessary is required. have practical utility; (2) the accuracy of information from the mammography FDA’s estimate of the burden of the facility to enable a woman and her IX. Paperwork Reduction Act of 1995 proposed collection of information, healthcare provider to make informed This proposed rule refers to including the validity of the healthcare decisions. FDA also is previously approved collections of methodology and assumptions used; (3) proposing additional categories be information that are subject to review by ways to enhance the quality, utility, and added to the list of assessments that the Office of Management and Budget clarity of the information to be facilities are required to use in the (OMB) under the Paperwork Reduction collected; and (4) ways to minimize the mammography report. In addition, FDA Act of 1995 (PRA) (44 U.S.C. 3501– burden of the collection of information is proposing to amend its requirements 3520). The collections of information in on respondents, including through the related to the transfer and provision of part 900 have been approved under use of automated collection techniques, mammography records, the transfer and OMB control number 0910–0309. The when appropriate, and other forms of provision of personnel records upon proposed amendments to part 900 in information technology. request or facility closure, and FDA this document necessitate revisions to Title: Mammography Facilities, notification and mammographic records OMB control number 0910–0309. A Standards, and Lay Summaries for access upon facility closure. description of the proposed Patients. Description of Respondents: amendments that necessitate revisions Description: FDA is proposing to Respondents to this information to the annual third-party disclosure amend its mammography reporting collection are facilities that provide burden is given in the Description requirements to require that the mammographic examinations and State section below. Included in the estimate mammography report provided to the certification. is the time for reviewing instructions, healthcare provider and the lay searching existing data sources, summary report provided to the patient Agencies: As of May 1, 2018, FDA gathering and maintaining the data include basic mammography facility internal data on facilities showed that needed, and completing and reviewing identification information and there were 8,691 facilities certified to each collection of information. information concerning patient breast perform mammography. In addition to FDA invites comments on these density. This action is intended to mammography-performing facilities, the topics: (1) Whether the proposed facilitate communication between regulation would also affect four State collection of information is necessary mammography facilities, healthcare certification agencies (Ref. 33). for the proper performance of FDA’s providers, and patients; facilitate the FDA estimates the burden of this information collection provisions that retrieval of mammography images; and collection of information as follows:

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

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

Provision of personnel records—900.12(a)(4) ...... 608 1 608 0.08 (5 minutes) ..... 49 Transfer of personnel records by closing facilities— 87 1 87 5...... 435 900.12(a)(4). New assessment categories and breast density re- 8,691 1 8,691 23...... 199,893 porting in mammography report (one-time bur- den)—900.12(c)(1)(iv)–(c)(1)(vi). Breast density reporting in lay summary (one-time 8,691 1 8,691 11...... 95,601 burden)—900.12(c)(2). Transfer/provision of copies of mammograms and 8,691 1,508 13,109,566 0.08 (5 minutes) ..... 1,048,765 records upon patient’s request—900.12(c)(4)(ii) and (c)(4)(iii). Facility closure; notification and records access— 87 1 87 32...... 2,784 900.12(c)(4)(v). Patient notification of significant risk (by State certifi- 5 1 5 100...... 500 cation agency)—900.12(j)(2).

Total ...... 1,348,027 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Columns may not sum due to rounding.

Personnel records—§ 900.12(a)(4): inspection and until FDA has Also under proposed § 900.12(a)(4), Under § 900.12(a)(4), facilities are determined that the facility is in facilities would have to provide copies required to maintain records of training compliance with the MQSA personnel of personnel records to current or and experience regarding personnel requirements. FDA is not proposing any former interpreting personnel who work or have worked at the facility changes to these requirements. The (physician, radiological technologist as interpreting physicians, radiologic information collection (recordkeeping) and medical physicist) upon their technologists, or medical physicists. burden for this provision is currently reasonable request. We estimate that Facilities must maintain records of approved under OMB control number there are, on average, seven interpreting personnel no longer employed by the 0910–0309. personnel per facility (approximately facility at least until the next annual 60,837 total). We estimate that 1 percent

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of these personnel (608 personnel 0910–0309, because it was considered Under proposed § 900.12(c)(4)(i), annually) would request the records and usual and customary practice and was facilities that perform mammograms that it would take approximately 5 part of the standard of care prior to the must maintain mammographic records. minutes to provide the copies for each implementation of the regulations (see 5 The proposed rule would require that request. CFR 1320.3(b)(2)). Provision of the facilities implement policies and Additionally, under proposed mammography report to healthcare procedures to minimize the possibility § 900.12(a)(4), before a facility closes or providers continues to be part of the of record loss and would require that ceases to provide mammography standard of care and remains the usual records be maintained in the modality services, it would have to make and customary business practice. in which they were produced. We arrangements for personnel to access Therefore, these changes would not estimate these proposed additions their MQSA personnel records. This result in additional burden. would not result in a change to the access may be provided by the Under § 900.12(c)(2), Communication currently approved information permanent transfer of these records to of mammography results to the patients, collection burden. the personnel or the transfer of the within 30 days of the mammographic Under § 900.12(c)(4)(ii), facilities records to a facility or other entity that examination, each facility shall provide shall, upon request by or on behalf of would provide access to these records. each patient a summary of the the patient, transfer or release the We estimate that annually 1 percent of mammography report written in lay mammograms and copies of the the total facilities would close or cease terms. Under the proposed rule, if the patient’s reports to a medical to provide mammography services and final assessment is ‘‘Suspicious’’ or institution, a physician or healthcare that it would take each of the facilities ‘‘Highly suggestive of malignancy,’’ the provider of the patient, or to the patient approximately 5 hours to transfer the facility would have to provide the directly. Under proposed records. patient a summary of the mammography § 900.12(c)(4)(ii) and (c)(4)(iii), facilities Medical records and mammography report within a specified timeframe would need to transfer original reports—§ 900.12(c)(1) through (c)(4): (proposed § 900.12(c)(2)); the current mammograms (and copies of associated Section 900.12(c)(1), Contents and regulation states that facilities must reports) or provide copies of terminology, sets forth the requirement make reasonable attempts to provide the mammograms (and copies of associated for facilities to prepare a written report report in such situations ‘‘as soon as reports) within a specified period of of the results of each mammographic possible.’’ Under the proposed rule, this time. Copies of mammograms would examination performed under its summary would need to include the need to be in the same modality in certificate. Section 900.12(c)(1) requires name of the patient and name, address, which they were produced. Moreover, that the report include patient and telephone number of the facility. for digital mammograms or digital breast identifying information, date of We estimate that the proposed tomosynthesis, the facility would have examination, facility name and location, requirements for the lay summary to to be able to provide the recipient with the final assessment of findings (or include this information would not original digital images electronically if classification as to why no final result in a change to the currently the examination is being transferred for assessment can be made), name of the approved information collection burden final interpretation. While the burden of interpreting physician, and for § 900.12(c)(2). maintaining records under § 900.12(c)(4) recommendations to the healthcare Proposed § 900.12(c)(2) also would is included in the currently approved provider. require facilities to provide an burden estimate, the currently approved This proposed rule would include assessment of breast density in the lay burden estimate does not include the two additional final assessment summary. We estimate a one-time third-party disclosure burden of categories and an additional burden for facilities to update their transferring the records. We estimate classification in the mammography existing lay summary reports with the that approximately one third of patients report and would also require an breast density assessments. Based on the would request transfer or release of the assessment of breast density in the ERG report, we believe this would take records (this equals an average of report (proposed § 900.12(c)(1)(iv) 11 hours per facility (Ref. 34). approximately 1,508 requests per through (c)(1)(vi)). We estimate a one- Also, under § 900.12(c)(2)(ii), each facility) and it would take time burden for facilities to update their facility that accepts patients who do not approximately 5 minutes per request. existing mammography reports with have a healthcare provider shall Under proposed § 900.12(c)(4)(v), these new categories. Based on the maintain a system for referring such before a facility closes or ceases to Eastern Research Group (ERG), Inc.’s patients to a healthcare provider when provide mammography services, it report, we believe this would take 23 clinically indicated. The proposed rule would have to make arrangements for hours per facility (Ref. 34). would also require that the system access by patients and healthcare Under the proposed rule, if the final provide referrals when providers to their mammographic assessment is ‘‘Suspicious’’ or ‘‘Highly ‘‘mammographically’’ indicated. We records. Additionally, the facility would suggestive of malignancy,’’ the facility estimate this proposed addition would have to notify its accreditation body and would have to provide the report to the not result in a change to the currently certification agency in writing of the healthcare provider, or if the referring approved information collection arrangements it has made and must healthcare provider is unavailable, to a burden. make reasonable efforts to notify all responsible designee (proposed The proposed requirements in affected patients. We estimate that 1 § 900.12(c)(3)(ii)) within a specified § 900.12(c)(2)(iii) and (c)(2)(iv) to percent of facilities would close on an timeframe; the current regulation states provide an explanation of the breast annual basis and that it would take each that facilities must make reasonable density assessment identified in facility approximately 32 hours to attempts to provide the report in such § 900.12(c)(1)(vi) are not considered to provide notification and access to the situations ‘‘as soon as possible.’’ The be ‘‘collections of information’’ because records. provision of the report to the healthcare the language is originally supplied by Quality assurance-mammography provider was not included in the the Federal government for the purpose medical outcomes audit—§ 900.12(f): currently approved information of disclosure to members of the public Section 900.12(f)(1) requires each collection burden, OMB control number (5 CFR 1320.3(c)(2)). facility to establish a system to collect

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and review outcome data for all 395–7285, or emailed to oira_ State agencies serving as accreditation mammographic examinations [email protected]. All bodies. performed, including follow up on the comments should be identified with the On November 4, 2011, FDA convened disposition of all positive mammograms title, ‘‘Mammography Facilities, a public meeting of the NMQAAC where and correlation of pathology results Standards, and Lay Summaries for possible amendments to the MQSA with the interpreting physician’s Patients (OMB control number 0910– regulations, including breast density mammography report. The proposed 0309)’’. reporting, were discussed (Ref. 18). This rule would clarify that positive In compliance with the PRA (44 meeting was open to the public and predictive value, cancer detection rate, U.S.C. 3407(d)), the Agency has time was allotted for public statements and recall rate would have to be submitted the information collection on issues of concern in the collected during this audit. We estimate provisions of this proposed rule mammography field. FDA has also met that the proposed clarifications would (revisions of collections approved under and held teleconferences several times a not result in a change to the currently OMB control number 0910–0309) to year with its approved accreditation approved information collection OMB for review. These requirements bodies and State certification agencies burden. will not be effective until FDA obtains to discuss issues of mutual concern. Additional mammography review and OMB approval. FDA will publish a The Agency also has long enjoyed a patient and referring physician notice concerning OMB approval of good relationship with the Conference notification—§ 900.12(j): Under these requirements in the Federal of Radiation Control Program Directors, § 900.12(j)(1), if FDA believes that Register. Inc. (CRCPD), which is the professional mammographic quality at a facility has X. Federalism organization of the State agencies been compromised and may present a concerned with radiation protection. serious risk to human health, the facility The MQSA established minimum The CRCPD has established a standing must provide clinical images and other national quality standards for Mammography Committee, which meets relevant information for review by the mammography. The MQSA replaced a with FDA mammography staff at least accreditation body or other entity patchwork of Federal, State, and private once a year. designated by FDA. Under the proposed standards with uniform Federal For the reasons discussed previously, rule, the State certification agency may standards designed to ensure that all FDA believes that this proposed rule is request and then review such women nationwide receive adequate consistent with the federalism information. We estimate these quality mammography services. FDA principles expressed in Executive Order proposed revisions would not result in has worked very closely with State 13132. a change to the currently approved officials in developing the national information collection burden. standards for the MQSA program and XI. References Under § 900.12(j)(2), when FDA has has sought and obtained input from The following references are on determined that the quality of States at every step of the process. display in the Dockets Management mammography performed by the facility FDA issued final rules implementing Staff (see ADDRESSES) and are available poses a significant risk to human health, the MQSA on October 28, 1997 for viewing by interested persons a facility may be required to notify all (‘‘Quality Mammography Standards,’’ 62 between 9 a.m. and 4 p.m., Monday patients who received mammograms at FR 55852) and February 6, 2002 (‘‘State through Friday; they are also available the facility or those patients who are Certification of Mammography electronically at https:// determined to be at risk due to the Facilities,’’ 67 FR 5446). As required by www.regulations.gov. FDA has verified quality of their mammography, and Executive Order 13132 (August 4, 1999), the website addresses, as of the date this their referring physicians of the FDA prepared a federalism assessment document publishes in the Federal deficiencies and resulting potential in this latter final rule and determined Register, but websites are subject to harm, appropriate remedial measures, that the rule was consistent with the change over time. and other relevant information. Under federalism principles expressed in 1. Centers for Disease Control and the proposed rule, facilities would need Executive Order 13132. Prevention, ‘‘Breast Cancer Statistics.’’ to notify referring non-physician The proposed amendments to the Available at www.cdc.gov/cancer/breast/ healthcare providers (along with MQSA regulations, among other things, statistics. referring physicians). We estimate this are intended to amend the requirements 2. National Institutes of Health, National proposed revision would not result in a for reporting to healthcare providers and Cancer Institute, ‘‘Surveillance, change to the currently approved patients to assure that patients receive Epidemiology, and End Results information collection burden. Also all necessary information after their Program.’’ Available at https://seer.can under the proposed rule, State mammograms, including an assessment cer.gov/statfacts/html/breast.html. certification agencies (along with FDA) of breast density, while not unduly 3. Centers for Disease Control and Prevention, ‘‘Cancer Among Women.’’ would have the authority to notify burdening the mammography facility. Available at http://www.cdc.gov/cancer/ patients and their providers if a facility Although certain proposed provisions dcpc/data/women.htm. is unable or unwilling to do so. We impact Federal-State relations, FDA 4. Michaelson, J.S., M. Silverstein, J. Wyatt, estimate that the burden to State does not believe that they impose any et al., ‘‘Predicting the Survival of certification agencies would be similar additional, significant burden on the Patients with Breast Carcinoma Using to the approved burden estimate for States. The division of responsibilities Tumor Size,’’ Cancer, 2002; 95(4): facilities; approximately five between FDA, the States, and State 713-723. notifications per year will take 100 agencies would not change if the 5. American Cancer Society, ‘‘Can Breast hours per notification. proposed regulations were finalized, as Cancer Be Found Early?’’ Available at To ensure that comments on these proposals would continue to http://www.cancer.org/cancer/ breastcancer/detailedguide/breast- information collection are received, provide for necessary uniformity of cancer-detection. OMB recommends that written minimum national standards and, at the 6. Government Accountability Office, ‘‘GAO– comments be faxed to the Office of same time, provide maximum flexibility 06–724 Mammography: Current Information and Regulatory Affairs, to States administering the States as Nationwide Capacity Is Adequate, but OMB, Attn: FDA Desk Officer, Fax: 202– Certifier program within their State, and Access Problems May Exist in Certain

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Locations (July 2006).’’ Available at 19. Berg, W.A., J.D. Blume, J.B. Cormack, et Interpretation in Breast Cancer http://www.gao.gov/new.items/ al., ‘‘Combined Screening With Screening, Washington, DC, May 12–13, d06724.pdf. Ultrasound and Mammography 2015. 7. Improving the Quality of Mammography: Compared to Mammography Alone in 30. Sickles, E.A. and C.J. D’Orsi, ‘‘ACR BI– How Current Practice Fails. Hearing Women at Elevated Risk of Breast Cancer RADS Follow-Up and Outcome before the Subcommittee on Aging of the of the First-Year Screen in ACRIN 6666,’’ Monitoring.’’ In: ACR BI–RADS Atlas: Committee on Labor and Human Journal of the American Medical Breast Imaging Reporting and Data Resources, United States Senate, 102d Association, 2008; 299(18); 2151–2163. System, 5th ed., Reston, VA: American Congress, 1992. Available at https://www.ncbi. College of Radiology, 2013. 8. The Failure and Success of Current nlm.nih.gov/pmc/articles/PMC2718688/ 31. Sickles, E.A., C.J. D’Orsi, L.W. Bassett, et Mammography Practice: The Need for pdf/nihms73151.pdf. al., ‘‘ACR BI–RADS Mammography.’’ In: Strong Federal Quality Standards. 20. U.S. Food and Drug Administration, ACR BI–RADS Atlas: Breast Imaging Hearing before the Subcommittee on Public Meeting Materials, National Reporting and Data System, 5th ed., Aging of the Committee on Labor and Mammography Quality Assurance Reston, VA: American College of Human Resources, United States Senate, Advisory Committee (NMQAAC) Radiology, pp. 7–8, 2013. 102d Congress, 1992. meeting, 24-Hour Summary, November 32. Analysis of Economic Impacts. Available 9. American College of Radiology/Society of 4, 2011. Available at https://wayback. at http://www.fda.gov/AboutFDA/ Breast Imaging, ‘‘Breast Density: Breast archive-it.org/7993/20170404143639/ ReportsManualsForms/Reports/ Cancer Screening.’’ Available at https:// https://www.fda.gov/downloads/ EconomicAnalyses/default.htm. www.acr.org/-/media/ACR/Files/Breast- AdvisoryCommittees/Committees 33. U.S. Food and Drug Administration, Imaging-Resources/Breast-Density-bro_ MeetingMaterials/Radiation-Emitting _ MQSA National Statistics, 2018. ACR SBI.pdf. Products/NationalMammographyQuality Available at http://www.fda.gov/ 10. Institute of Medicine, ‘‘Improving Breast AssuranceAdvisoryCommittee/UCM27 Radiation-EmittingProducts/ Imaging Quality Standards.’’ May 23, 9484.pdf. MammographyQualityStandardsAct 2005. Available at https://www.nap.edu/ 21. Dense Breast Info website. Available at andProgram/FacilityScorecard/ read/11308/chapter/1. http://densebreast-info.org/ ucm113858.htm. 11. McCormack, V.A. and I. dos Santos Silva, legislation.aspx. 34. Eastern Research Group, Inc., ‘‘Baseline ‘‘Breast Density and Parenchymal 22. Transcript of the National Mammography Patterns as Markers of Breast Cancer Quality Measures of Screening Quality Assurance Advisory Committee Mammography and the Impacts of Risk: A Meta-Analysis,’’ Cancer (NMQAAC) meeting, September 28–29, Epidemiology, Biomarkers, and Proposed Revisions to Regulations 2006. Available at http://www.access Implementing the Mammography Prevention, 2006; 15: 1159–1169. data.fda.gov/scripts/cdrh/cfdocs/ 12. Boyd, N.F., H. Guo, L.J. Martin, et al., Quality Standards Act.’’ Final Report, cfAdvisory/details.cfm?mtg=636. ‘‘Mammographic Density and the Risk July 19, 2012. (ERG, 2012a). 23. MQSA Alternative Standard #11, and Detection of Breast Cancer,’’ New approved on August 29, 2003. Available England Journal of Medicine, 2007; 356: List of Subjects in 21 CFR Part 900 at http://www.fda.gov/Radiation- 227–236. EmittingProducts/MammographyQuality Electronic products, Health facilities, 13. Vachon, C.M., C.H. van Gils, T.A. Sellers, StandardsActandProgram/Regulations/ et al., ‘‘Mammographic Density, Breast Medical devices, Radiation protection, Cancer Risk and Risk Prediction,’’ Breast ucm259289.htm. Reporting and recordkeeping Cancer Research, 2007; 9: 217. 24. MQSA Alternative Standard #12, requirements, X-rays. approved on September 17, 2003. 14. Gastounioti, A., E.F. Conant, and D. Therefore, under the Federal Food, Kontos, ‘‘Beyond Breast Density: A Available at http://www.fda.gov/ Radiation-EmittingProducts/ Drug, and Cosmetic Act and under Review on the Advancing Role of authority delegated to the Commissioner Parenchymal Texture Analysis in Breast MammographyQualityStandardsActand Cancer Risk Assessment,’’ Breast Cancer Program/Regulations/ucm259290.htm. of Food and Drugs, 21 CFR part 900 is Research, 2016; 18: 19. Available at 25. Sickles, E.A., C.J. D’Orsi, L.W. Bassett, et amended as follows: https://doi.org/10.1186/s13058-016- al., ‘‘ACR BI–RADS Mammography.’’ In: 0755-8. ACR BI–RADS Atlas: Breast Imaging PART 900—MAMMOGRAPHY 15. Guterbock, T., W.F. Cohn, D.L. Rexrode, Reporting and Data System, 5th ed., ■ et al. ‘‘What Do Women Know About Reston, VA: American College of 1. The authority citation for part 900 Breast Density? Results From a Radiology, pp. 123–126, 2013. continues to read as follows: Population Survey of Virginia Women,’’ 26. American Cancer Society, ‘‘Breast Density and Your Mammogram Report.’’ Authority: 21 U.S.C. 360i, 360nn, 374(e); Journal of the American College of 42 U.S.C. 263b. Radiology. 2017; 14: 34–44. Available at Available at https://www.cancer.org/ https://doi.org/10.1016/j.jacr.2016.0 cancer/breast-cancer/screening-tests- ■ 2. Amend § 900.2 by revising 7.003. and-early-detection/mammograms/ paragraphs (z), (aa)(1) and (2), and by 16. Centers for Disease Control and breast-density-and-your-mammogram- adding new paragraph (aa)(3) to read as Prevention, ‘‘What Are the Risk Factors report.html. follows: for Breast Cancer?’’ Available at http:// 27. Ho, J.M., N. Jafferjee, G.M. Covarrubias, www.cdc.gov/cancer/breast/basic_info/ et al., ‘‘Dense Breasts: A Review of § 900.2 Definitions. _ Reporting Legislation and Available risk factors.htm. * * * * * 17. Kolb, T.M., J. Lichy, and J.H. Newhouse, Supplemental Screening Options,’’ ‘‘Comparison of the Performance of American Journal of Roentgenology, (z) Mammographic modality means a Screening Mammography, Physical 2014; 203: 449–456. technology, within the scope of 42 Examination, and Breast US and 28. Melnikow, J., J.J. Fenton, E.P. Whitlock, U.S.C. 263b, for radiography of the Evaluation of Factors That Influence et al., ‘‘Supplemental Screening for breast. Examples are screen-film Them: An Analysis of 27,825 Patient Breast Cancer in Women With Dense mammography and full field digital Evaluations,’’ Radiology, 2002; 225: 165– Breasts: A Systematic Review for the mammography. 175. U.S. Preventive Services Task Force,’’ (aa) * * * 18. Leconte, I., C. Feger, C. Galant, et al., Annals of Internal Medicine 2016; (1) Radiography of the breast 164(4): 268–278. Available at http:// ‘‘Mammography and Subsequent Whole- performed during invasive interventions Breast Sonography of Nonpalpable annals.org/article.aspx?articleid= Breast Cancers: The Importance of 2480756. for localization or biopsy procedures; Radiologic Breast Density,’’ American 29. D’Orsi, C.J., ‘‘Audit.’’ Lecture presented at (2) Radiography of the breast Journal of Roentgenology, 2003; 180: Institute of Medicine workshop on performed with an investigational 1675–1679. Assessing and Improving Imaging mammography device as part of a

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scientific study conducted in reasonable request. Before a facility (ii) Date of examination, facility name, accordance with FDA’s investigational closes or ceases to provide and location. At a minimum, the device exemption regulations in part mammography services, it must make location shall include the city, State, 812 of this chapter; or arrangements for access by personnel to ZIP code, and telephone number of the (3) Computed tomography of the their MQSA personnel records. This facility; breast. access may be provided by the (iii) The name of the interpreting * * * * * permanent transfer of these records to physician who interpreted the ■ 3. Amend § 900.4 by redesignating the personnel or the transfer of the mammogram; paragraph (a)(6) as (a)(6)(i) and by records to a facility or other entity that (iv) Overall final assessment of adding new paragraph (a)(6)(ii). will provide access to these records. findings, classified in one of the The addition reads as follows: (b) * * * following categories: (2) * * * (A) ‘‘Negative:’’ Nothing to comment § 900.4 Standards for accreditation bodies. (i) All digital accessory components upon (if the interpreting physician is (a) * * * shall be approved or cleared by FDA, aware of clinical findings or symptoms, (6)(i) * * * (A) Specifically for mammography or, despite the negative assessment, these (ii) If a facility has failed to become (B) For a use that could include shall be explained); accredited after three consecutive mammography and have the same (B) ‘‘Benign.’’ Also, a normal result, attempts, an accreditation body shall equipment specifications as those with benign findings present, but no not accept an application for approved or cleared by FDA specifically evidence of malignancy (if the accreditation from the facility for a for mammography. interpreting physician is aware of period of 1 year from the date of the (ii) A mammography unit that is clinical findings or symptoms, despite most recent accreditation failure. converted from one mammographic the benign assessment, these shall be * * * * * modality to another is considered a new explained); ■ 4. In § 900.11 revise paragraph (c)(4) unit at the facility under this part and (C) ‘‘Probably Benign:’’ Finding(s) has to read as follows: must, prior to clinical use, undergo a a high probability of being benign; mammography equipment evaluation § 900.11 Requirements for certification. (D) ‘‘Suspicious:’’ Finding(s) without demonstrating compliance with all the characteristic morphology of * * * * * applicable requirements. The facility breast cancer but indicating a definite (c) * * * must also follow its accreditation body’s probability of being malignant; (4) If a facility’s certificate was procedures for applying for (E) ‘‘Highly suggestive of revoked on the basis of an act described accreditation of that unit. malignancy:’’ Finding(s) has a high in 42 U.S.C. 263b(i)(1), as implemented * * * * * probability of being malignant; by § 900.14(a), no person who owned or (11) Film. For facilities using screen- (F) ‘‘Known Biopsy Proven operated that facility at the time the act film units, the facility shall use x-ray Malignancy.’’ Reserved for known occurred may own or operate a film for mammography that has been malignancies being mammographically mammography facility within 2 years of designated by the film manufacturer as evaluated for definitive therapy; and the date of revocation. appropriate for mammography. For (G) ‘‘Post-Procedure Mammograms for ■ 5. Amend § 900.12 by: ■ facilities using hardcopy prints of Marker Placement.’’ Reserved for a post- a. Revising paragraph (a)(4); digital images for transfer, retention, or ■ b. Adding paragraphs (b)(2)(i) and (ii); procedure mammogram used to confirm final interpretation purposes, the facility ■ c. Revising paragraph (b)(11); the deployment and position of a breast shall use a type of film designated by ■ d. Adding paragraph (b)(16); and tissue marker. ■ e. Revising paragraphs (c)(1) and (2), the film manufacturer as appropriate for (v) In cases where no final assessment (c)(3)(ii), (c)(4), (f)(1), and (j). these purposes and compatible with the category can be assigned due to The additions and revisions read as printer being used. incomplete work-up, one of the follows: * * * * * following classifications shall be (16) Equipment—other modalities. assigned as an assessment and reasons § 900.12 Quality standards. Systems with image receptor modalities why no assessment can be made shall be (a) * * * other than screen-film shall demonstrate stated by the interpreting physician. (4) Retention of personnel records. compliance with quality standards by (A) ‘‘Incomplete: Need additional Facilities shall maintain records of successful results of quality assurance imaging evaluation.’’ Reserved for training and experience relevant to their testing as specified under paragraph examinations where additional imaging qualification under MQSA for personnel (e)(6) of this section. needs to be performed before an who work or have worked at the facility (c) Medical records and assessment category identified in as interpreting physicians, radiologic mammography reports—(1) Contents paragraph (c)(1)(iv)(A) through (G) of technologists, or medical physicists. and terminology. Each facility shall this section can be given; or These records must be available for prepare a written report of the results of (B) ‘‘Incomplete: Need prior review by the MQSA inspectors. each mammographic examination mammograms for comparison.’’ Records of personnel no longer performed under its certificate. The Reserved for examinations where employed by the facility must be mammographic examination presented comparison with prior mammograms maintained at least until the next annual for interpretation must be in the original should be performed before an inspection has been completed and FDA mammographic modality in which it assessment category identified in has determined that the facility is in was performed, and must not consist of paragraph (c)(1)(iv)(A) through (G) of compliance with the MQSA personnel digital images produced through this section can be given. If this requirements. The facility shall provide copying or digitizing hardcopy original assessment category is used, a follow up copies of these personnel records to images. The mammography report shall report with an assessment category current or former interpreting include the following information: identified in paragraph (c)(1)(iv)(A) physicians, radiologic technologists, (i) The name of the patient and an through (E) of this section must be and medical physicists upon their additional patient identifier; issued within 30 calendar days of the

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initial report whether or not comparison density is low, not high. Follow the paragraph (c)(4)(i) of this section. views can be obtained. recommendations in this letter, and talk Transfer of the mammograms and (vi) Overall assessment of breast to your healthcare provider about breast mammography reports must take place density, classified in one of the density, risks for breast cancer, and your within 15 calendar days of the facility following categories: individual situation.’’ receiving such request. The transferred (A) ‘‘The breasts are almost entirely (iv) If the mammography report mammograms must be in the fatty.’’ identifies the breast density as ‘‘The mammographic modality in which they (B) ‘‘There are scattered areas of breasts are heterogeneously dense, were produced, and cannot be produced fibroglandular density.’’ which may obscure small masses’’ or by copying or digitizing hardcopy (C) ‘‘The breasts are heterogeneously ‘‘The breasts are extremely dense, which originals. For digital mammograms or dense, which may obscure small lowers the sensitivity of digital breast tomosynthesis, if the masses.’’ mammography,’’ the lay summary shall examination is being transferred for (D) ‘‘The breasts are extremely dense, include ‘‘Some patients have high breast final interpretation purposes, the facility which lowers the sensitivity of tissue density (more glands than fat in must be able to provide the recipient mammography. the breasts), which makes it harder to with original digital images (vii) Recommendations made to the find breast cancer on a mammogram. electronically; healthcare provider about what Your breast tissue density is high. Some (iii) Shall upon request by, or on additional actions, if any, should be patients with high breast density may behalf of, the patient, provide copies of taken. All clinical questions raised by need other imaging tests in addition to mammograms and copies of the referring healthcare provider shall mammograms. Follow the mammogram reports to a medical be addressed in the report to the extent recommendations in this letter, and talk institution, a physician or healthcare possible, even if the assessment is to your healthcare provider about high provider of the patient, or to the patient negative or benign. breast density and how it relates to directly during the time specified in (2) Communication of mammography breast cancer risk, and your individual paragraph (c)(4)(i) of this section. results to the patients. Each facility shall situation.’’ Release of the copies must take place provide each patient a summary of the (3) * * * within 15 calendar days of the facility mammography report written in lay (ii) If the assessment is ‘‘Suspicious’’ receiving such request; terms within 30 calendar days of the or ‘‘Highly suggestive of malignancy,’’ (iv) Any fee charged to the patients for mammographic examination which the facility shall provide a written providing the services in paragraphs shall, at a minimum, include the name report of the mammographic (c)(4)(ii) or (c)(4)(iii) of this section shall of the patient, the name, address, and examination, including the items listed not exceed the documented costs telephone number of the facility in paragraph (c)(1) of this section, to the associated with this service; and performing the mammographic referring healthcare provider, or if the (v) Before a facility closes or ceases to examination and an assessment of breast referring healthcare provider is provide mammography services, it must density as described in paragraph unavailable, to a responsible designee of make arrangements for access by (c)(1)(vi) of this section. If the the referring healthcare provider within patients and healthcare providers to assessment of the mammography report 7 calendar days of the final their mammographic records. This is ‘‘Suspicious’’ or ‘‘Highly suggestive of interpretation of the mammograms but access may be provided by the malignancy,’’ the facility shall provide in no case later than 14 calendar days permanent transfer of mammographic the patient a summary of the from the date of the mammographic records to the patient or her healthcare mammography report written in lay examination. provider or the transfer of the language within 7 calendar days of the (4) Recordkeeping. Each facility that mammographic records to a facility or final interpretation of the mammograms performs mammograms: other entity that will provide access to but in no case later than 21 calendar (i) Shall (except as provided in patients and healthcare providers for the days from the date of the paragraph (c)(4)(ii) of this section) time periods specified in paragraph mammographic examination. maintain the mammograms and (i) Patients who do not name a mammography reports in a permanent (c)(4)(i) of this section. The facility must healthcare provider to receive the medical record of the patient for a notify its accreditation body and mammography report shall be sent the period of not less than 5 years, or not certification agency in writing of the report described in paragraph (c)(1) of less than 10 years if no additional arrangements it has made and must this section within 30 days, in addition mammograms of the patient are make reasonable efforts to notify all to the written notification of results in performed at the facility, or a longer affected patients. lay terms. period if mandated by State or local law. * * * * * (ii) Each facility that accepts patients Facilities shall implement policies and (f) * * * who do not have a healthcare provider procedures to minimize the possibility (1) General requirements. For the shall maintain a system for referring of loss of these records. The purposes of these requirements, a such patients to a healthcare provider mammograms must be retained in mammographic examination consisting when mammographically or clinically retrievable form in the mammographic of routine views of an asymptomatic indicated. modality in which they were produced. woman shall be termed a screening (iii) If the mammography report They cannot be produced by copying or mammogram, while a mammographic identifies the patient’s breast density as digitizing hardcopy originals. examination consisting of ‘‘The breasts are almost entirely fatty’’ (ii) Shall upon request by, or on individualized views of a woman with or ‘‘There are scattered areas of behalf of, the patient, permanently or breast symptoms, physical signs of fibroglandular density,’’ the lay temporarily transfer the original breast disease, or abnormal findings on summary shall include ‘‘Some patients mammograms and copies of the a screening mammogram shall be have high breast tissue density (more patient’s reports to a medical termed a diagnostic mammogram. Each glands than fat in the breasts), which institution, a physician or healthcare facility shall establish a system to makes it harder to find breast cancer on provider of the patient, or to the patient collect and review outcome data for all a mammogram. Your breast tissue directly during the time specified in mammographic examinations

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performed, including follow up on the review, or other information, FDA or the (7) Has failed to comply with disposition of all positive mammograms State certification agency may reasonable requests of current or former and correlation of pathology results determine that the quality of facility personnel for records of their with the interpreting physician’s mammography performed by a facility, training or experience relevant to their mammography report. In addition, for whether or not certified under § 900.11, qualification under MQSA, in violation cases of breast cancer among patients was so inconsistent with the quality of § 900.12(a)(4). imaged at the facility that subsequently standards established in this part as to * * * * * become known to the facility, the present a significant risk to human Dated: March 21, 2018. facility shall promptly initiate follow up health. FDA or the State certification on surgical and/or pathology results and agency may require such a facility to Scott Gottlieb, review of the mammographic notify all patients who received Commissioner of Food and Drugs. examinations taken prior to the mammograms at the facility or those [FR Doc. 2019–05803 Filed 3–27–19; 8:45 am] diagnosis of a malignancy. Analysis of patients who are determined to be at BILLING CODE 4164–01–P these outcome data shall be made risk due to the quality of their individually and collectively for all mammography, and their referring interpreting physicians and, at a physicians or healthcare providers, of DEPARTMENT OF THE TREASURY minimum, shall consist of a the deficiencies and resulting potential determination of the following: harm, appropriate remedial measures, Internal Revenue Service (i) Positive predictive value—percent and such other relevant information as of patients with positive mammograms FDA or the State certification agency 26 CFR Part 1 who are diagnosed with breast cancer may require. Such notification shall [REG–143686–07] within 1 year of the date of the occur within a timeframe and in a mammographic examination. manner specified by FDA or the State RIN 1545–BH35 (ii) Cancer detection rate—of the certification agency. If the facility is unable or unwilling to perform such The Allocation of Consideration and patients initially examined with Allocation and Recovery of Basis in screening mammograms who receive an notification, FDA or the State certification agency may notify patients Transactions Involving Corporate assessment of ‘‘Incomplete: Need Stock or Securities; Withdrawal additional imaging evaluation,’’ and their referring physicians or other ‘‘Suspicious,’’ or ‘‘Highly suggestive of healthcare providers individually or AGENCY: Internal Revenue Service (IRS), malignancy’’ on the screening through the mass media. Treasury. ■ 6. In § 900.14, revise paragraph (a) mammogram or on a subsequent ACTION: Proposed rule; withdrawal. diagnostic mammogram, the number of introductory text and paragraphs (a)(3), patients who are diagnosed with breast (5), and (6), and add paragraph (a)(7) to SUMMARY: This document withdraws a cancer within 1 year of the date of the read as follows: notice of proposed rulemaking initial screening mammogram, § 900.14 Suspension or revocation of containing proposed regulations under expressed arithmetically as a ratio per certificates. numerous sections of the Internal 1,000 patients. (a) Except as provided in paragraph Revenue Code (Code). The proposed (iii) Recall rate—percentage of (b) of this section, FDA may suspend or regulations being withdrawn would screening mammograms given an revoke a certificate if FDA finds, after have provided guidance on the recovery assessment of ‘‘Incomplete: Need providing the owner or operator of the of stock basis in distributions of additional imaging evaluation.’’ facility with notice and opportunity for property made by a corporation to a * * * * * a hearing in accordance with part 16 of shareholder and certain transactions (j) Additional mammography review this chapter, that the facility, owner, treated as dividend-equivalents, as well and patient and referring physician operator, or any employee of the facility: as guidance regarding the determination of gain and the basis of stock or notification. * * * * * (1) If FDA or the State certification (3) Has failed to comply with securities received in certain agency believes that mammographic reasonable requests of FDA, the State transactions. The proposed regulations quality at a facility has been certification agency, or the accreditation being withdrawn would have affected compromised and may present a body for records, information, reports, shareholders and security holders of significant risk to human health, the or materials, including clinical images corporations. facility shall provide clinical images for an additional mammography review DATES: As of March 28, 2019, the notice and other relevant information, as under § 900.12(j), that FDA or the State of proposed rulemaking that was specified by FDA or the State certification agency believes are published in the Federal Register (74 certification agency, for review by the necessary to determine the continued FR 3509) on January 21, 2009, with accreditation body or the State eligibility of the facility for a certificate corrections published in the Federal certification agency. This additional or continued compliance with the Register (74 FR 9575) on March 5, 2009, mammography review will help FDA or standards of § 900.12; is withdrawn. the State certification agency determine * * * * * FOR FURTHER INFORMATION CONTACT: whether the facility is in compliance (5) Has violated or aided and abetted Kevin M. Jacobs at (202) 317–5332 or with this section and whether there is in the violation of any provision of or Aglaia Ovtchinnikova at (202) 317–6975 a need to notify affected patients, their regulation promulgated pursuant to 42 (neither a toll-free number). referring physicians or healthcare U.S.C. 263b; SUPPLEMENTARY INFORMATION: providers, and/or the public that there (6) Has failed to comply with prior is a significant risk to human health. sanctions imposed by FDA or the State Background (2) Based on the results of the certification agency under 42 U.S.C. On January 21, 2009, the Department additional mammography review, the 263b(h), including a directed plan of of the Treasury (Treasury Department) facility’s failure to comply with the correction or a patient and referring and the IRS published a notice of terms of the additional mammography physician notification; or proposed rulemaking (REG–143686–07)

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in the Federal Register (74 FR 3509) as a result of which minor changes to an published in the Federal Register (74 containing proposed regulations under overall business transaction could cause FR 9575) on March 5, 2009. sections 301, 302, 304, 351, 354, 355, meaningful changes to the tax 356, 358, 368, 861, 1001, and 1016 of consequences, thereby elevating the Kirsten Wielobob, the Code. On March 5, 2009, the form of the transaction over its Deputy Commissioner for Services and Treasury Department and the IRS substance. Enforcement. published corrections to the notice of After thoroughly considering the [FR Doc. 2019–05959 Filed 3–27–19; 8:45 am] proposed rulemaking in the Federal comments received, the Treasury BILLING CODE 4830–01–P Register (74 FR 9575) (collectively, the Department and the IRS have 2009 Proposed Regulations). determined that it is unlikely that the The 2009 Proposed Regulations approach of the 2009 Proposed DEPARTMENT OF THE TREASURY generally would have provided a single Regulations can be implemented in Alcohol and Tobacco Tax and Trade model for stock basis recovery by a comprehensive final regulations without Bureau shareholder that receives a distribution significant modifications. As a result, to which section 301 applies and a the Treasury Department and the IRS 27 CFR Parts 4, 5, 7, 14, and 19 single model for sale and exchange have decided to withdraw the 2009 transactions to which section 302(a) Proposed Regulations. The Treasury [Docket No. TTB–2018–0007; Notice No. applies, including certain elements of Department and the IRS are continuing 176] an exchange in pursuance of a plan of to study the issues addressed in the reorganization under section 368. The 2009 Proposed Regulations, with a RIN 1513–AB54 2009 Proposed Regulations also would particular focus on issues surrounding Modernization of the Labeling and have defined the scope of the exchange sections 301(c)(2) and 304, and § 1.302– Advertising Regulations for Wine, 2(c) of the Income Tax Regulations. that must be analyzed under particular Distilled Spirits, and Malt Beverages Code provisions and provided a The Treasury Department and the IRS methodology for determining gain under continue to believe that under current Correction section 356 and stock basis under law, the results of a section 301 In proposed rule 2018–24446 section 358. distribution should derive from the The 2009 Proposed Regulations consideration received by a shareholder beginning on page 60562 in the issue of responded to comments received by the in respect of each share of stock, Monday, November 26, 2018, make the Treasury Department and the IRS notwithstanding designations otherwise. following corrections: regarding the then-recently published See Johnson v. United States, 435 F.2d 1. On page 60616, in the second section 358 regulations. These 1257 (4th Cir. 1971). The Treasury column, section heading ‘‘§ 4.04.0 comments included suggestions to Department and the IRS also continue to Scope.’’ should read ‘‘§ 4.0 Scope.’’. expand the tracing rules of the section believe that, under current law, with 2. On the same page, in the same 358 regulations to stock transfers that respect to redemptions governed by column, section heading ‘‘§ 4.14.1 are subject to section 351 but do not section 302(d), any unrecovered basis in Definitions.’’ should read ‘‘§ 4.1 qualify as reorganizations, as well as the redeemed stock of a shareholder Definitions.’’. questions regarding whether (and, if so, may be shifted to other stock only if 3. On page 60617, in the first column, to what extent) shareholder elections such an adjustment is a proper section heading ‘‘§ 4.24.2 Territorial constitute terms of an exchange and adjustment within the meaning of extent.’’ should read ‘‘§ 4.2 Territorial whether the terms of an exchange § 1.302–2(c). Not all shifts of a redeemed extent.’’. control for purposes of qualifying a shareholder’s unrecovered basis result 4. On the same page, in the same transaction as a reorganization under in proper adjustments, and certain basis column, section heading ‘‘§ 4.34.3 section 368. adjustments can lead to inappropriate General requirements and prohibitions Finally, the 2009 Proposed results. See, e.g., Notice 2001–45, 2001– under the FAA Act.’’ should read ‘‘§ 4.3 Regulations included amendments to 33 I.R.B. 129. General requirements and prohibitions the current regulations under section under the FAA Act.’’. 304 that would have updated those Drafting Information 5. On the same page, in the third regulations to reflect statutory The principal author of this column, section heading ‘‘§ 4.44.4 amendments to that section. See section withdrawal notice is Aglaia [Reserved]’’ should read ‘‘§ 4.4 226 of the Tax Equity and Fiscal Ovtchinnikova of the Office of Associate [Reserved]’’. Responsibility Act of 1982, Pub. L. 97– Chief Counsel (Corporate). However, 6. On the same page, in the same 248 (96 Stat. 325, 490) (September 3, other personnel from the Treasury column, section heading ‘‘§ 4.54.5 1982), section 712(l) of the Deficit Department and the IRS participated in Wines covered by this part.’’ should Reduction Act of 1984, Pub. L. 98–369 its development. read ‘‘§ 4.5 Wines covered by this part.’’. (98 Stat. 494, 953–55) (July 18, 1984), 7. On the same page, in the same section 1875(b) of the Tax Reform Act List of Subjects in 26 CFR Part 1 column, section heading ‘‘§ 4.64.6 of 1986, Pub. L. 99–514 (100 Stat. 2085, Income taxes, Reporting and Products produced as wine that are not 2894) (October 22, 1986), and section recordkeeping requirements. covered by this part.’’ should read ‘‘§ 4.6 Products produced as wine that are not 1013 of the Taxpayer Relief Act of 1997, Withdrawal of Notice of Proposed covered by this part.’’. Pub. L. 105–34 (111 Stat. 788, 918) Rulemaking (August 5, 1997). 8. On the same page, in the same The Treasury Department and the IRS ■ Accordingly, under the authority of 26 column, section heading ‘‘§ 4.74.7 Other received many comments regarding the U.S.C. 7805, the Treasury Department TTB labeling regulations that apply to 2009 Proposed Regulations. The chief and the IRS withdraw the notice of wine.’’ should read ‘‘§ 4.7 Other TTB concern raised by commenters was that proposed rulemaking (REG–143686–07) labeling regulations that apply to the approach taken in the 2009 that was published in the Federal wine.’’. Proposed Regulations represented an Register (74 FR 3509) on January 21, 9. On page 60618, in the first column, unwarranted departure from current law 2009, with corrections that were section heading ‘‘§ 4.84.8 Wine for

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export.’’ should read ‘‘§ 4.8 Wine for Ingredients and processes.’’ should read DEPARTMENT OF HOMELAND export.’’. ‘‘§ 7.5 Ingredients and processes.’’. SECURITY 10. On the same page, in the same 25. On the same page, in the same column, section heading ‘‘§ 4.94.9 Coast Guard column, section heading ‘‘§ 7.67.6 Compliance with Federal and State Brewery products not covered by this requirements.’’ should read ‘‘§ 4.9 33 CFR Part 100 part.’’ should read ‘‘§ 7.6 Brewery Compliance with Federal and State [Docket Number USCG–2019–0014] requirements.’’. products not covered by this part.’’. 11. On page 60645, in the first 26. On page 60674, in the first RIN 1625–AA08 column, section heading ‘‘§ 5.05.0 column, section heading ‘‘§ 7.77.7 Other Scope.’’ should read ‘‘§ 5.0 Scope.’’. TTB labeling regulations that apply to Special Local Regulations; Sector Ohio Valley Annual and Recurring Special 12. On the same page, in the second malt beverages.’’ should read ‘‘§ 7.7 Local Regulations, Update column, section heading ‘‘§ 5.15.1 Other TTB labeling regulations that Definitions.’’ should read ‘‘§ 5.1 apply to malt beverages.’’. AGENCY: Coast Guard, DHS. Definitions.’’. ACTION: Notice of proposed rulemaking. 13. On page 60646, in the first 27. On the same page, in the same column, section heading ‘‘§ 7.87.8 Malt column, section heading ‘‘§ 5.25.2 SUMMARY: The Coast Guard proposes Territorial extent.’’ should read ‘‘§ 5.2 beverages for export.’’ should read amending and updating its special local Territorial extent.’’. ‘‘§ 7.8 Malt beverages for export.’’. regulations for recurring marine 14. On the same page, in the same 28. On the same page, in the same parades, regattas, and other events that column, section heading ‘‘§ 5.35.3 column, section heading ‘‘§ 7.97.9 take place in the Coast Guard Sector General requirements and prohibitions Compliance with Federal and State Ohio Valley area of responsibility under the FAA Act.’’ should read ‘‘§ 5.3 requirements.’’ should read ‘‘§ 7.9 (AOR). Through this notice the current General requirements and prohibitions Compliance with Federal and State list of recurring special local regulations under the FAA Act.’’. requirements.’’. is updated with revisions, additions, 15. On the same page, in the second and removals of events that no longer 29. On page 60688, in the second column, section heading ‘‘§ § 5.4§ 5.4– take place in the Sector Ohio Valley column, section heading ‘‘§ 14.014.0 5.6 [Reserved]’’ should read ‘‘§§ 5.4–5.6 AOR. When these special local [Reserved]’’. Applicability.’’ should read ‘‘§ 14.0 regulations are enforced, certain 16. On the same page, in the same Applicability.’’. restrictions are placed on marine traffic column, section heading ‘‘§ 5.75.7 Other 30. On the same page, in the same in specified areas. We invite your TTB labeling regulations that apply to column, section heading ‘‘§ 14.114.1 comments on this proposed rulemaking. distilled spirits.’’ should read ‘‘§ 5.7 Definitions.’’ should read ‘‘§ 14.1 DATES: Comments and related material Other TTB labeling regulations that Definitions.’’. must be received by the Coast Guard on apply to distilled spirits.’’. or before April 12, 2019. 17. On the same page, in the third 31. On page 60689, in the first ADDRESSES: You may submit comments column, section heading ‘‘§ 5.85.8 column, section heading ‘‘§ 14.214.2 identified by docket number USCG– Distilled spirits for export.’’ should read Territorial extent.’’ should read ‘‘§ 14.2 2019–0014 using the Federal ‘‘§ 5.8 Distilled spirits for export.’’. Territorial extent.’’. 18. On the same page, in the same eRulemaking Portal at http:// 32. On the same page, in the same www.regulations.gov. See the ‘‘Public column, section heading ‘‘§ 5.95.9 column, section heading ‘‘§ 14.314.3 Compliance with Federal and State Participation and Request for Delegations of the Administrator’s Comments’’ portion of the requirements.’’ should read ‘‘§ 5.9 authorities.’’ should read ‘‘§ 14.3 Compliance with Federal and State SUPPLEMENTARY INFORMATION section for Delegations of the Administrator’s further instructions on submitting requirements.’’. authorities.’’. 19. On page 60672, in the second comments. column, section heading ‘‘§ 7.07.0 33. On the same page, in the second FOR FURTHER INFORMATION CONTACT: If Scope.’’ should read ‘‘§ 7.0 Scope.’’. column, section heading ‘‘§ 14.414.4 you have questions on this proposed 20. On the same page, in the same General requirements under the FAA rule, call or email Petty Officer Riley column, section heading ‘‘§ 7.17.1 Act.’’ should read ‘‘§ 14.4 General Jackson, Sector Ohio Valley, U.S. Coast Definitions.’’ should read ‘‘§ 7.1 requirements under the FAA Act.’’. Guard; telephone (502) 779–5347, email Definitions.’’. 34. On the same page, in the third SECOHV–[email protected]. 21. On page 60673, in the first column, section heading ‘‘§ 14.514.5 SUPPLEMENTARY INFORMATION: column, section heading ‘‘§ 7.27.2 Legibility of mandatory information.’’ I. Table of Abbreviations Territorial extent.’’ should read ‘‘§ 7.2 should read ‘‘§ 14.5 Legibility of Territorial extent.’’. mandatory information.’’. CFR Code of Federal Regulations 22. On the same page, in the same COTP Captain of the Port, Sector Ohio column, section heading ‘‘§ 7.37.3 35. On the same page, in the same Valley General requirements and prohibitions column, section heading ‘‘§ 14.614.6 DHS Department of Homeland Security under the FAA Act.’’ should read ‘‘§ 7.3 Mandatory statements.’’ should read E.O. Executive Order ‘‘§ 14.6 Mandatory statements.’’. FR Federal Register General requirements and prohibitions NPRM Notice of proposed rulemaking under the FAA Act.’’. [FR Doc. C1–2018–24446 Filed 3–27–19; 8:45 am] Pub. L. Public Law 23. On the same page, in the second BILLING CODE 1301–00–D § Section column, section heading ‘‘§ 7.47.4 U.S.C. United States Code Jurisdictional limits of the FAA Act.’’ should read ‘‘§ 7.4 Jurisdictional limits II. Background, Purpose, and Legal of the FAA Act.’’. Basis 24. On the same page, in the third The Captain of the Port Sector Ohio column, section heading ‘‘§ 7.57.5 Valley (COTP) proposes to update the

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current list of recurring special local special local regulations expected to Guard to provide for public notice and regulations found in Table 1 of 33 CFR recur annually or biannually, and comment, but also update the regulated 100.801. remove special local regulations that are areas soon enough that the length of the This rule updates the list of annually no longer required. Issuing individual notice and comment period does not recurring special local regulations under regulations for each new special local compromise public safety. The Coast 33 CFR 100.801, Table 1 for annual regulation, amendment, or removal of Guard is proposing this rulemaking special local regulations in the COTP an existing special local regulation under authority in 46 U.S.C. 70034 zone. The Coast Guard will address all creates unnecessary administrative costs (previously 33 U.S.C. 1231). comments through response via the and burdens. This single proposed rulemaking process, including rulemaking will considerably reduce III. Discussion of Proposed Rule additional revisions to this regulatory administrative overhead and provide Part 100 of 33 CFR contains section. Additionally, these recurring the public with notice through regulations to provide effective control events are provided to the public publication in the Federal Register of over regattas and marine parades through local means and planned by the recurring special local regulations. conducted on U.S. navigable waters in local communities. The Coast Guard is issuing this notice order to ensure the safety of life in the The current list of annual and of proposed rulemaking (NPRM) with a regatta or marine parade area. Section recurring special local regulations 15-day prior notice and opportunity to 100.801 provides the regulations occurring in Sector Ohio Valley’s AOR comment pursuant to section (b)(3) of applicable to events taking place in the is published under 33 CFR part 100.801, the Administrative Procedure Act (APA) Eighth Coast Guard District and also Table 1. The most recent list was (5 U.S.C. 553). This provision authorizes provides a table listing each event and created May 14, 2018 via 83 FR 22194. an agency to publish a rule in less than special local regulation. This section The Coast Guard’s authority for 30 days before its effective date for requires amendment from time to time establishing a special local regulation is ‘‘good cause found and published with to properly reflect the recurring special contained at 46 U.S.C. 70041(a). The the rule.’’ Under 5 U.S.C. 553(b)(3)(B), local regulations. This proposed rule Coast Guard is amending and updating the Coast Guard finds that good cause updates Section 100.801, Table 1 for the special local regulations under 33 exists for publishing this NPRM with a Sector Ohio Valley. CFR part 100.801, Table 1 to include the 15-day comment period because it is most up to date list of recurring special impractical to provide a 30-day This proposed rule adds one new local regulations for events held on or comment period. These proposed recurring special local regulation, around navigable waters within Sector regulated areas are necessary to ensure removes two special local regulations, Ohio Valley’s AOR. These events the safety of vessels and persons during and amends the dates and regulated include marine parades, boat races, the marine events. It is impracticable to areas for ten recurring special local swim events, and other marine related publish an NPRM with a 30-day regulations already listed. events. The current list under 33 CFR comment period because some of these This proposed rule would add one 100.801, Table 1 requires amendment to updates must be established as early as new recurring special local regulation in provide new information on existing the end of April 2019. A 15-day Table 1 of Section 100.801 for Sector special local regulations, add new comment period would allow the Coast Ohio Valley, as follows:

Sector Ohio Date Sponsor/name Valley location Regulated area

2 days—One weekend in August Powerboat Nationals—Parkers- Parkersburg, WV ...... Ohio River, Mile 183.5–185.5 (West Virginia). burg Regatta/Parkersburg.

This proposed rule would remove the from Table 1 of Section 100.801 because following two special local regulations these events are no longer held:

Sector Ohio Date Sponsor/name Valley location Regulated area

One Saturday in June or July ..... Paducah Summer Festival/ Paducah, KY ...... Ohio River, Mile 934–936 (Kentucky). Cross River Swim. First or second weekend of July Prizer Point Marina/4th of July Cadiz, KY ...... Cumberland River, Mile 54.0–55.09 (Kentucky). Celebration.

This proposed rule would revise ten existing special local regulations in Table 1 of Section 100.801, as follows:

Ohio Valley Revision Line Date Event/sponsor location Regulated area (date/area)

17 ...... 3 days—First week of August ...... EQT Pittsburgh Three Rivers Re- Pittsburgh, PA ..... Allegheny River mile 0.0–1.0, Ohio area. gatta. River mile 0.0–0.8, Monongahela River mile 0.5 (Pennsylvania). 26 ...... 1 day—First or second weekend of SUP3RIVERS The Southside Out- Pittsburgh, PA ..... Monongahela River mile 0.0–3.09 Al- date/area. September. side. legheny River mile 0.0–0.6 (Penn- sylvania). 32 ...... 2 days—First weekend of October .... Three Rivers Rowing Association/ Pittsburgh, PA ..... Allegheny River mile 0.0–5.0 (Penn- area. Head of the Ohio Regatta. sylvania).

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Ohio Valley Revision Line Date Event/sponsor location Regulated area (date/area)

43 ...... 3 days—One of the last three week- Hadi Shrine/Owensboro Air Show ..... Owensboro, KY ... Ohio River, Mile 754.0–760.0 (Ken- date. ends in September or one of the tucky). first two weekends in October. 44 ...... 1 day—Last weekend in July or first HealthyTriState.org/St. Marys Tri Huntington, WV ... Ohio River, Mile 305.1–308.3 (West area. weekend in August. State Kayathalon. Virginia). 47 ...... 1 day—One weekend in September Parkersburg Paddle Fest ...... Parkersburg, WV Ohio River, Mile 184.3–188 (West date. Virginia). 60 ...... 3 days—Second or third weekend of Kittanning Riverbration boat races .... Kittanning, PA ...... Allegheny River mile 42.0–46.0 date/area. August. (Pennsylvania). 61 ...... 2 days—Second or third weekend in Thunder Over Louisville ...... Louisville, KY ...... Ohio River, Mile 597.0–607.0 (Ken- date/area. April. tucky). 62 ...... 3 days—One weekend in August or Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0 (Indi- date. one of the first two weekends in ana). September. 65 ...... 1 day—One weekend in August ...... YMCA River Swim ...... Charleston, WV ... Kanawha River, Mile 58.3 to 61.8 area. (West Virginia).

The effect of this proposed rule would and/or Notices of Enforcement and, ADDRESSES) explaining why you think it be to restrict general navigation during thus, will be able to plan operations qualifies and how and to what degree these events. Vessels intending to transit around the special local regulations this rule would economically affect it. the designated waterway through the accordingly. Broadcast Notices to Under section 213(a) of the Small special local regulations will only be Mariners and Local Notices to Mariners Business Regulatory Enforcement allowed to transit the area when the will also inform the community of these Fairness Act of 1996 (Pub. L. 104–121), COTP Ohio Valley, or designated special local regulations. Vessel traffic we want to assist small entities in representative, has deemed it safe to do may request permission from the COTP understanding this proposed rule. If the so or at the completion of the event. or a designated representative to enter rule would affect your small business, the restricted area. organization, or governmental IV. Regulatory Analyses jurisdiction and you have questions B. Impact on Small Entities We developed this proposed rule after concerning its provisions or options for considering numerous statutes and The Regulatory Flexibility Act of compliance, please contact the person executive orders (E.O.s) related to 1980, 5 U.S.C. 601–612, as amended, listed in the FOR FURTHER INFORMATION rulemaking. Below we summarize our requires Federal agencies to consider CONTACT section. The Coast Guard will analyses based on a number of these the potential impact of regulations on not retaliate against small entities that statutes and E.O.s, and we discuss First small entities during rulemaking. The question or complain about this Amendment rights of protestors. term ‘‘small entities’’ comprises small proposed rule or any policy or action of businesses, not-for-profit organizations A. Regulatory Planning and Review the Coast Guard. that are independently owned and Executive Orders 12866 and 13563 operated and are not dominant in their C. Collection of Information direct agencies to assess the costs and fields, and governmental jurisdictions This proposed rule will not call for a benefits of available regulatory with populations of less than 50,000. new collection of information under the alternatives and, if regulation is The Coast Guard certifies under 5 U.S.C. Paperwork Reduction Act of 1995 (44 necessary, to select regulatory 605(b) that this proposed rule would not U.S.C. 3501–3520.). approaches that maximize net benefits. have a significant economic impact on D. Federalism and Indian Tribal Executive Order 13771 directs agencies a substantial number of small entities. to control regulatory costs through a While some owners or operators of Governments budgeting process. This NPRM has not vessels intending to transit the safety A rule has implications for federalism been designated a ‘‘significant zone may be small entities, for reasons under Executive Order 13132, regulatory action,’’ under Executive stated in section IV.A. above, this Federalism, if it has a substantial direct Order 12866. Accordingly, the NPRM proposed rule would not have a effect on the States, on the relationship has not been reviewed by the Office of significant economic impact on any between the national government and Management and Budget (OMB), and owner or operator because they are the States, or on the distribution of pursuant to OMB guidance it is exempt limited in scope and will be in effect for power and responsibilities among the from the requirements of Executive short periods of time. Before the various levels of government. We have Order 13771. enforcement period, the Coast Guard analyzed this proposed rule under that The Coast Guard expects the COTP will issue maritime advisories Order and have determined that it is economic impact of this proposed rule widely available to waterway users. consistent with the fundamental to be minimal, therefore a full regulatory Deviation from the special local federalism principles and preemption evaluation is unnecessary. This regulations established through this requirements described in Executive proposed rule establishes special local proposed rulemaking may be requested Order 13132. regulations limiting access to certain from the appropriate COTP and requests Also, this proposed rule does not have areas under 33 CFR 100 within Sector will be considered on a case-by-case tribal implications under Executive Ohio Valley’s AOR. The effect of this basis. Order 13175, Consultation and proposed rulemaking will not be If you think that your business, Coordination with Indian Tribal significant because these special local organization, or governmental Governments, because it would not have regulations are limited in scope and jurisdiction qualifies as a small entity a substantial direct effect on one or duration. Additionally, the public is and that this rule would have a more Indian tribes, on the relationship given advance notification through local significant economic impact on it, between the Federal Government and forms of notice, the Federal Register, please submit a comment (see Indian tribes, or on the distribution of

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power and responsibilities between the Instruction because it involves CONTACT section of this document for Federal Government and Indian tribes. establishment of special local alternate instructions. If you believe this proposed rule has regulations related to marine event We accept anonymous comments. All implications for federalism or Indian permits for marine parades, regattas, comments received will be posted tribes, please contact the person listed and other marine events. We seek any without change to https:// in the FOR FURTHER INFORMATION comments or information that may lead www.regulations.gov and will include CONTACT section. to the discovery of a significant any personal information you have E. Unfunded Mandates Reform Act environmental impact from this provided. For more about privacy and proposed rule. the docket, visit https:// The Unfunded Mandates Reform Act www.regulations.gov/privacyNotice. of 1995 (2 U.S.C. 1531–1538) requires G. Protest Activities Documents mentioned in this NPRM Federal agencies to assess the effects of The Coast Guard respects the First as being available in the docket, and all their discretionary regulatory actions. In Amendment rights of protesters. public comments, will be in our online particular, the Act addresses actions Protesters are asked to contact the docket at http://www.regulations.gov that may result in the expenditure by a FOR FURTHER person listed in the and can be viewed by following that State, local, or tribal government, in the INFORMATION CONTACT section to website’s instructions. Additionally, if aggregate, or by the private sector of coordinate protest activities so that your you go to the online docket and sign up $100,000,000 (adjusted for inflation) or message can be received without for email alerts, you will be notified more in any one year. Though this jeopardizing the safety or security of when comments are posted or a final proposed rule would not result in such people, places or vessels. rule is published. an expenditure, we do discuss the effects of this rule elsewhere in this V. Public Participation and Request for List of Subjects in 33 CFR Part 100 preamble. Comments We view public participation as Marine safety, Navigation (water), F. Environment essential to effective rulemaking, and Reporting and recordkeeping We have analyzed this proposed rule will consider all comments and material requirements, and Waterways. under Department of Homeland received during the comment period. For the reasons discussed in the Security Management Directive 023–01 Your comment can help shape the preamble, the U.S. Coast Guard and Commandant Instruction outcome of this rulemaking. If you proposes to amend 33 CFR part 100 as M16475.lD, which guide the Coast submit a comment, please include the follows: Guard in complying with the National docket number for this rulemaking, Environmental Policy Act of 1969 indicate the specific section of this PART 100—SAFETY OF LIFE ON (NEPA) (42 U.S.C. 4321–4370f), and document to which each comment NAVIGABLE WATERWAYS have made a preliminary determination applies, and provide a reason for each ■ that this action is one of a category of suggestion or recommendation. 1. The authority citation for part 100 actions that do not individually or We encourage you to submit continues to read as follows: cumulatively have a significant effect on comments through the Federal Authority: 33 U.S.C. 1233. the human environment. Normally such eRulemaking Portal at http:// ■ 2. In § 100.801, Revise Table 1 to read actions are categorically excluded from www.regulations.gov. If your material as follows: further review under paragraph L61 of cannot be submitted using http:// Appendix A, Table 1 of DHS Instruction www.regulations.gov, contact the person § 100.801 Table 1 Annual Marine Events in Manual 023–01–001–01, Rev. 01. of the in the FOR FURTHER INFORMATION Sector Ohio Valley’s AOR.

Ohio Valley Date Event/sponsor location Regulated area

1. 3 days—Second or third week- Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). end in March. Cardinal Invitational. 2. 1 day—Third weekend in Vanderbilt Rowing/Vanderbilt In- Nashville, TN...... Cumberland River, Mile 188.0–192.7 (Ten- March. vite. nessee). 3. 2 days—Fourth weekend in Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). March. Atomic City Turn and Burn. 4. 1 day—One weekend in April .. Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). 5. 3 days—Third weekend in April Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). SIRA Regatta. 6. 2 days—Third Friday and Sat- Thunder Over Louisville ...... Louisville, KY ...... Ohio River, Mile 597.0–604.0 (Kentucky). urday in April. 7. 1 day—During the last week of Great Steamboat Race ...... Louisville, KY ...... Ohio River, Mile 595.0–605.3 (Kentucky). April or first week of May. 8. 3 days—Fourth weekend in Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). April. Dogwood Junior Regatta. 9. 3 days—Second weekend in Vanderbilt Rowing/ACRA Henley Nashville, TN...... Cumberland River, Mile 188.0–194.0 (Ten- May. nessee). 10. 3 days—Second weekend in Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). May. Big 12 Championships. 11. 3 days—Third weekend in Oak Ridge Rowing Association/ Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). May. Dogwood Masters. 12. 1 day—Third weekend in May World Triathlon Corporation/ Chattanooga, TN ... Tennessee River, Mile 462.7–467.5 (Tennessee). IRONMAN 70.3. 13. 1 day—During the last week- Mayor’s Hike, Bike and Paddle ... Louisville, KY ...... Ohio River, Mile 601.0–604.5 (Kentucky). end in May or on Memorial Day.

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Ohio Valley Date Event/sponsor location Regulated area

14. 2 days-last weekend in May Visit Knoxville/Racing on the Knoxville, TN ...... Tennessee River, Mile 647.0–648.0 (Tennessee). or first weekend in June. Tennessee. 15. 3 days—First weekend in Outdoor Chattanooga/Chat- Chattanooga, TN ... Tennessee River, Mile 454.0–468.0 (Tennessee). June. tanooga Swim Festival. 16. 2 days—First weekend of Thunder on the Bay/KDBA ...... Pisgah Bay, KY ..... Tennessee River, Mile 30.0 (Kentucky). June. 17. 1 day—First weekend in June Visit Knoxville/Knoxville Power- Knoxville, TN ...... Tennessee River, Mile 646.4–649.0 (Tennessee). boat Classic. 18. 1 day— One weekend in June Tri-Louisville ...... Louisville, KY ...... Ohio River, Mile 600.5–604.0 (Kentucky). 19. 2 days—One weekend in New Martinsville Vintage Regatta New Ohio River Mile 127.5–128.5 (West Virginia). June. Martinsville,WV. 20. 3 days—One of the last three Lawrenceburg Regatta/Whiskey Lawrenceburg, IN .. Ohio River, Mile 491.0–497.0 (Indiana). weekends in June. City Regatta. 21. 3 days—One of the last three Hadi Shrine/Evansville Shriners Evansville, IN ...... Ohio River, Mile 790.0–796.0 (Indiana). weekends in June. Festival. 22. 3 days—Third weekend in TM Thunder LLC/Thunder on the Nashville, TN...... Cumberland River, Mile 189.6–192.3 (Ten- June. Cumberland. nessee). 23. 1 day—Third or fourth week- Greater Morgantown Convention Morgantown, WV ... Monongahela River, Mile 101.0–102.0 (West Vir- end in June. and Visitors Bureau/Moun- ginia). taineer Triathlon. 24. 1 day—Fourth weekend in Team Magic/Chattanooga Water- Chattanooga, TN ... Tennessee River, Mile 462.7–466.0 (Tennessee). June. front Triathlon. 25. 3 days— The last weekend in Madison Regatta ...... Madison, IN ...... Ohio River, Mile 554.0–561.0 (Indiana). June or one of the first two weekends in July. 26. 1 day—During the first week Evansville Freedom Celebration/ Evansville, IN ...... Ohio River, Mile 790.0–797.0 (Indiana). of July. 4th of July Freedom Celebra- tion. 27. First weekend in July ...... Eddyville Creek Marina/Thunder Eddyville, KY ...... Cumberland River, Mile 46.0–47.0 (Kentucky). Over Eddy Bay. 28. 2 days—One of the first two Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). weekends in July. 29. 1 day—Second weekend in Bradley Dean/Renaissance Man Florence, AL ...... Tennessee River, Mile 254.0–258.0 (Alabama). July. Triathlon. 30. 1 day—Third or fourth Sunday Tucson Racing/Cincinnati Cincinnati, OH ...... Ohio River, Mile 468.3–471.2 (Ohio). of July. Triathlon. 31. 2 days—One of the last three Dare to Care/KFC Mayor’s Cup Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). weekends in July. Paddle Sports Races/Voyageur Canoe World Championships. 32. 2 days—Last two weeks in Friends of the Riverfront Inc./ Pittsburgh, PA ...... Allegheny River, Mile 0.0–1.5 (Pennsylvania). July or first three weeks of Au- Pittsburgh Triathlon and Ad- gust. venture Races. 33. 1 day—Fourth weekend in Team Magic/Music City Triathlon Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Ten- July. nessee). 34. 2 days—One weekend in July Huntington Classic Regatta ...... Huntington, WV ..... Ohio River, Mile 307.3–309.3 (West Virginia). 35. 2 days—One weekend in July Marietta Riverfront Roar Regatta Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 36. 1 day—Last weekend in July HealthyTriState.org/St. Marys Tri Huntington, WV ...... Ohio River, Mile 305.1–308.3 (West Virginia). or first weekend in August. State Kayathalon. 37. 1 day—first Sunday in August Above the Fold Events/Riverbluff Ashland City, TN.... Cumberland River, Mile 157.0–159.5 (Ten- Triathlon. nessee). 38. 3 days—First week of August EQT Pittsburgh Three Rivers Re- Pittsburgh, PA...... Allegheny River mile 0.0–1.0, Ohio River mile gatta. 0.0–0.8, Monongahela River mile 0.5 (Pennsyl- vania). 39. 2 days—First weekend of Au- Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). gust. 40. 1 day—First or second week- Riverbluff Triathlon...... Ashland City, TN.... Cumberland River, Mile 157.0–159.0 (Ten- end in August. nessee). 41. 1 day—One of the first two Green Umbrella/Ohio River Cincinnati, OH ...... Ohio River, Mile 458.5–476.4 (Ohio and Ken- weekends in August. Paddlefest. tucky). 42. 2 days—Third full weekend Ohio County Tourism/Rising Sun Rising Sun, IN ...... Ohio River, Mile 504.0–508.0 (Indiana and Ken- (Saturday and Sunday) in Au- Boat Races. tucky). gust. 43. 3 days—Second or Third Kittanning Riverbration Boat Kittanning, PA ...... Allegheny River mile 42.0–46.0 (Pennsylvania). weekend in August. Races. 44. 3 days— One of the last two Thunder on the Green ...... Livermore, KY ...... Green River, Mile 69.0–72.5 (Kentucky). weekends in August. 45. 1 day—Fourth weekend in Team Rocket Tri-Club/ Huntsville, AL ...... Tennessee River, Mile 332.2–335.5 (Alabama). August. Rocketman Triathlon. 46. 1 day—Last weekend in Au- Tennessee Clean Water Net- Knoxville, TN ...... Tennessee River, Mile 646.3–648.7 (Tennessee). gust. work/Downtown Dragon Boat Races. 47. 3 days—One weekend in Au- Pro Water Cross Championships Charleston, WV ...... Kanawha River, Mile 56.7–57.6 (West Virginia). gust.

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Ohio Valley Date Event/sponsor location Regulated area

48. 2 days—One weekend in Au- POWERBOAT NATIONALS— Ravenswood, WV .. Ohio River, Mile 220.5–221.5 (West Virginia). gust. Ravenswood Regatta. 49. 2 days—One weekend in Au- Powerboat Nationals-Parkersburg Parkersburg, WV ... Ohio River Mile 183.5–285.5 (West Virginia). gust. Regatta/Parkersburg Home- coming. 50. 1 day—One weekend in Au- YMCA River Swim ...... Charleston, WV ...... Kanawha River, Mile 58.3–61.8 (West Virginia). gust. 51. 3 days—One weekend in Au- Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Kentucky). gust. 52. 3 days—One weekend in Au- Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0 (Indiana). gust. 53. 1 day— First or second week- SUP3Rivers The Southside Out- Pittsburgh, PA ...... Monongahela River mile 0.0–3.09 Allegheny River end of September. side. mile 0.0–0.6 (Pennsylvania). 54. 1 day—First weekend in Sep- Mayor’s Hike, Bike and Paddle ... Louisville, KY ...... Ohio River, Mile 601.0–610.0 (Kentucky). tember or on Labor Day. 55. 2 days—Sunday before Labor Cincinnati Bell, WEBN, and Proc- Cincinnati, OH...... Ohio River, Mile 463.0–477.0 (Kentucky and Day and Labor Day. tor and Gamble/Riverfest. Ohio) and Licking River Mile 0.0–3.0 (Ken- tucky). 56. 2 days—Labor Day weekend Wheeling Vintage Race Boat As- Wheeling, WV ...... Ohio River, Mile 90.4–91.5 (West Virginia). sociation Ohio/Wheeling Vin- tage Regatta. 57. 2 days— One of the first three Louisville Dragon Boat Festival .. Louisville, KY ...... Ohio River, Mile 602.0–604.5 (Kentucky). weekends in September. 58. 1 day—One of the first three Cumberland River Compact/ Nashville, TN...... Cumberland River, Mile 189.7–192.1 (Ten- weekends in September. Cumberland River Dragon nessee). Boat Festival. 59. 2 days—One of the first three State Dock/Cumberland Poker Jamestown, KY ...... Lake Cumberland (Kentucky). weekends in September. Run. 60. 3 days— One of the first three Fleur de Lis Regatta ...... Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). weekends in September. 61. 1 day—Second weekend in City of Clarksville/Clarksville Clarksville, TN...... Cumberland River, Mile 125.0–126.0 (Ten- September. Riverfest Cardboard Boat Re- nessee). gatta. 62. 1 Day—One Sunday in Sep- Ohio River Sternwheel Festival Marietta, OH ...... Ohio River, Mile 170.5–172.5 (Ohio). tember. Committee Sternwheel race re- enactment. 63. 1 Day—One weekend in Sep- Parkesburg Paddle Fest ...... Parkersburg, WV ... Ohio River, Mile 184.3–188 (West Virginia). tember. 64. 2 days—One of the last three Madison Vintage Thunder ...... Madison, IN ...... Ohio River, Mile 556.5–559.5 (Indiana). weekends in September. 65. 1 day—Third Sunday in Sep- Team Rocket Tri Club/Swim Huntsville, AL ...... Tennessee River, Mile 332.3–338.0 (Alabama). tember. Hobbs Island. 66. 1 day—Fourth or fifth week- Knoxville Open Water Swimmers/ Knoxville, TN ...... Tennessee River, Mile 641.0–648.0 (Tennessee). end in September. Bridges to Bluffs. 67. 1 day—Fourth or fifth Sunday Green Umbrella/Great Ohio River Cincinnati, OH...... Ohio River, Mile 468.8–471.2 (Ohio and Ken- in September. Swim. tucky). 68. 1 day—One of the last two Ohio River Open Water Swim ..... Prospect, KY ...... Ohio River, Mile 587.0–591.0 (Kentucky). weekends in September. 69. 2 days—One of the last three Captain Quarters Regatta ...... Louisville, KY ...... Ohio River, Mile 594.0–598.0 (Kentucky). weekends in September or the first weekend in October. 70. 3 days—One of the last three Owensboro Air Show ...... Owensboro, KY ..... Ohio River, Mile 754.0–760.0 (Kentucky). weekends in September or one of the first two weekends in Oc- tober. 71. 1 day—Last weekend in Sep- World Triathlon Corporation/ Chattanooga, TN ... Tennessee River, Mile 462.7–467.5 (Tennessee). tember. IRONMAN Chattanooga. 72. 3 Days-Last weekend of Sep- New Martinsville Records and New Martinsville, Ohio River, Mile 128–129 (West Virginia). tember and/or first weekend in Regatta Challenge Committee. WV. October. 73. 2 days—First weekend of Oc- Three Rivers Rowing Associa- Pittsburgh, PA ...... Allegheny River mile 0.0–5.0 (Pennsylvania). tober. tion/Head of the Ohio Regatta. 74. 1 day—First or second week- Lookout Rowing Club/Chat- Chattanooga, TN ... Tennessee River, Mile 463.0–468.0 (Tennessee). end in October. tanooga Head Race. 75. 3 days—First or Second Vanderbilt Rowing/Music City Nashville, TN...... Cumberland River, Mile 189.5–196.0 (Ten- weekend in October. Head Race. nessee). 76. 2 days— One of the first three Norton Healthcare/Ironman Louisville, KY ...... Ohio River, Mile 600.5–605.5 (Kentucky). weekends in October. Triathlon. 77. 3 days—First weekend in No- Atlanta Rowing Club/Head of the Chattanooga, TN ... Tennessee River, Mile 463.0–468.0 (Tennessee). vember. Hooch Rowing Regatta. 78. 1 day—One weekend in No- Charleston Lighted Boat Parade Charleston, WV ...... Kanawha River, Mile 54.3–60.3 (West Virginia). vember or December.

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Dated: March 21, 2019. of Detroit, about 2 miles above Fighting to evaluate the remote operations and to M.B. Zamperini, Island. A Federal project has improved intervene if there is a failure in the Captain, U.S. Coast Guard, Captain of the River Rouge to create a turning basin remote abilities. If this rule is approved, Port, Sector Ohio Valley. about 2.5 miles above the entrance. then the bridge will be operated [FR Doc. 2019–05901 Filed 3–27–19; 8:45 am] With the exception of a few pleasure remotely from Mount Laurel, NJ but can BILLING CODE 9110–04–P vessels the channel is almost also be operated from Detroit, MI, if exclusively used by large commercial needed. If there is a discrepancy with vessels to access various industries the remote equipment Conrail estimates DEPARTMENT OF HOMELAND along the river. All four drawbridges it will take 60-minutes for a tender to SECURITY over the river are required to open on arrive at the bridge. signal and are manned 24-hours a day, IV. Regulatory Analyses Coast Guard 7-days a week. The River Rouge supports foreign and domestic trade in We developed this proposed rule after 33 CFR Part 117 steel production, cement, petroleum considering numerous statutes and [Docket No. USCG–2019–0120] refinery, aggregate, and other bulk Executive Orders related to rulemaking. commodities imported or exported by Below we summarize our analyses RIN 1625–AA09 vessels. The River Rouge is not listed as based on these statutes and Executive an American Heritage River; however, Orders and we discuss First Drawbridge Operation Regulation; the Detroit River is designated an Amendment rights of protestors. River Rouge, Detroit, MI American Heritage River and a A. Regulatory Planning and Review AGENCY: Coast Guard, DHS. Canadian Heritage River. Executive Orders 12866 and 13563 ACTION: Notice of proposed rulemaking. The Conrail Railroad Bridge is a single leaf bascule bridge. A horizontal direct agencies to assess the costs and SUMMARY: The Coast Guard proposes to navigation clearance of 123 feet is benefits of available regulatory authorize the Conrail Railroad Bridge, available. Eight feet of vertical alternatives and, if regulation is mile 1.48, across the River Rouge, to be clearance, referred to LWD is available necessary, to select regulatory operated remotely. The request was in the closed position. The Conrail approaches that maximize net benefits. made by the bridge owner. This Bridge is advertised as having unlimited Executive Order 13771 directs agencies proposed rule will test the remote clearance in the open position; however, to control regulatory costs through a operations with tenders onsite, and will the tip of the bridge leaf does encroach budgeting process. This NPRM has not not change the operating schedule of the slightly into the northern boundary of been designated a ‘‘significant bridge. the navigation channel. The Federal regulatory action,’’ under Executive DATES: Comments and related material Channel has a bend in the river Order 12866. Accordingly, the NPRM must reach the Coast Guard on or before immediately west of the Conrail Bridge. has not been reviewed by the Office of September 24, 2019. Because of this bend most large Management and Budget (OMB) and ADDRESSES: You may submit comments commercial vessels will not enter the pursuant to OMB guidance it is exempt identified by docket number USCG– river unless they have conformation that from the requirements of Executive 2019–0120 using Federal eRulemaking this bridge is opened. Order 13771. Portal at http://www.regulations.gov. The Coast Guard is issuing this NPRM This regulatory action determination See the ‘‘Public Participation and under authority 33 U.S.C. 499. is based on the ability that vessels can still transit the bridge and the bridge Request for Comments’’ portion of the III. Discussion of Proposed Rule SUPPLEMENTARY INFORMATION section will continue to open on signal. This notice proposes a new rule for below for instructions on submitting B. Impact on Small Entities comments. the regulations to allow the Conrail Bridge to operate remotely. The Regulatory Flexibility Act of 1980 FOR FURTHER INFORMATION CONTACT: If Bridge owners are required to provide (RFA), 5 U.S.C. 601–612, as amended, you have questions on this proposed necessary drawtenders for the safe and requires federal agencies to consider the rule, call or email Mr. Lee D. Soule, prompt opening of a bridge and to potential impact of regulations on small Bridge Management Specialist, Ninth respond to visual, sound, or entities during rulemaking. The term Coast Guard District; telephone 216– radiotelephone communications for ‘‘small entities’’ comprises small 902–6085, email [email protected]. openings; unless, authorized by the U.S. businesses, not-for-profit organizations SUPPLEMENTARY INFORMATION: Coast Guard District Commander to that are independently owned and I. Table of Abbreviations operate remotely. operated and are not dominant in their Conrail installed the following fields, and governmental jurisdictions CFR Code of Federal Regulations equipment at the bridge to be with populations of less than 50,000. DHS Department of Homeland Security considered for remote operations: A The Coast Guard certifies under 5 U.S.C. FR Federal Register public address system that allows 2-way 605(b) that this proposed rule would not IGLD85 International Great Lakes Datum of voice communication between vessels 1985 have a significant economic impact on LWD Low Water Datum based on IGLD 85 and the remote tender; eight digital a substantial number of small entities. OMB Office of Management and Budget cameras; two thermal imagery cameras While some owners or operators of NPRM Notice of Proposed Rulemaking looking upriver and downriver to detect vessels intending to transit the bridge (Advance, Supplemental) vessels in reduced visibility; and may be small entities, for the reasons § Section remotely operated VHF–FM Marine stated in section IV.A above this U.S.C. United States Code Radiotelephone that monitors Channel proposed rule would not have a 16 and Channel 12. All of the listed significant economic impact on any II. Background, Purpose and Legal equipment uses fiber optic technologies vessel owner or operator because the Basis to connect to the remote tender. During bridge will continue to open on signal. The River Rouge discharges into the the comment period a tender will be If you think that your business, Detroit River at the south end of the city required to be physically at the bridge organization, or governmental

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jurisdiction qualifies as a small entity that may result in the expenditure by a www.regulations.gov, contact the person and that this rule would have a State, local, or tribal government, in the in the FOR FURTHER INFORMATION significant economic impact on it, aggregate, or by the private sector of CONTACT section of this document for please submit a comment (see $100,000,000 (adjusted for inflation) or alternate instructions. ADDRESSES) explaining why you think it more in any one year. Though this We accept anonymous comments. All qualifies and how and to what degree proposed rule will not result in such an comments received will be posted this rule would economically affect it. expenditure, we do discuss the effects of without change to http:// Under section 213(a) of the Small this proposed rule elsewhere in this www.regulations.gov and will include Business Regulatory Enforcement preamble. any personal information you have Fairness Act of 1996 (Pub. L. 104–121), F. Environment provided. For more about privacy and we want to assist small entities in the docket, visit http:// understanding this proposed rule. If the We have analyzed this proposed rule www.regulations.gov/privacynotice. rule would affect your small business, under Department of Homeland Documents mentioned in this NPRM organization, or governmental Security Management Directive 023–01 as being available in this docket and all jurisdiction and you have questions and Commandant Instruction public comments, will be in our online concerning its provisions or options for M16475.lD, which guides the Coast docket at http://www.regulations.gov compliance, please contact the person Guard in complying with the National and can be viewed by following that listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 website’s instructions. Additionally, if CONTACT, above. The Coast Guard will (NEPA) (42 U.S.C. 4321–4370f), and you go to the online docket and sign up not retaliate against small entities that have made a preliminary determination for email alerts, you will be notified question or complain about this that this action is one of a category of when comments are posted or a final proposed rule or any policy or action of actions which do not individually or rule is published. the Coast Guard. cumulatively have a significant effect on the human environment. This proposed List of Subjects in 33 CFR Part 117 C. Collection of Information rule simply promulgates the operating Bridges. This proposed rule would call for no regulations or procedures for For the reasons discussed in the new collection of information under the drawbridges. Normally such actions are preamble, the Coast Guard proposes to Paperwork Reduction Act of 1995 (44 categorically excluded from further amend 33 CFR part 117 as follows: U.S.C. 3501–3520.). review, under figure 2–1, paragraph D. Federalism and Indian Tribal (32)(e), of the Instruction. PART 117—DRAWBRIDGE A preliminary Record of Government OPERATION REGULATIONS Environmental Consideration and a A rule has implications for federalism Memorandum for the Record are not ■ 1. The authority citation for part 117 under Executive Order 13132, required for this proposed rule. We seek continues to read as follows: Federalism, if it has a substantial direct any comments or information that may effect on the States, on the relationship Authority: 33 U.S.C. 499; 33 CFR 1.05–1; lead to the discovery of a significant and Department of Homeland Security between the national government and environmental impact from this Delegation No. 0170.1. the States, or on the distribution of proposed rule. power and responsibilities among the ■ 2. Add § 117.645 to part 117 to read various levels of government. We have G. Protest Activities as follows: analyzed this proposed rule under that The Coast Guard respects the First § 117.645 River Rouge Order and have determined that it is Amendment rights of protesters. consistent with the fundamental Protesters are asked to contact the The draw of the Conrail Bridge, mile federalism principles and preemption person listed in the FOR FURTHER 1.48, is remotely operated, is required to requirements described in Executive INFORMATION CONTACT section to operate a radiotelephone, and shall Order 13132. coordinate protest activities so that your open on signal. Also, this proposed rule does not have message can be received without Dated: March 22, 2019. tribal implications under Executive jeopardizing the safety or security of J.M. Nunan, Order 13175, Consultation and people, places or vessels. Rear Admiral, U.S. Coast Guard, Commander, Coordination with Indian Tribal Ninth Coast Guard District. Governments, because it would not have V. Public Participation and Request for Comments [FR Doc. 2019–05908 Filed 3–27–19; 8:45 am] a substantial direct effect on one or BILLING CODE 9110–04–P more Indian tribes, on the relationship We view public participation as between the Federal Government and essential to effective rulemaking, and will consider all comments and material Indian tribes, or on the distribution of ENVIRONMENTAL PROTECTION received during the comment period. power and responsibilities between the AGENCY Federal Government and Indian tribes. Your comment can help shape the If you believe this proposed rule has outcome of this rulemaking. If you 40 CFR Part 52 implications for federalism or Indian submit a comment, please include the tribes, please contact the person listed docket number for this rulemaking, [EPA–R04–OAR–2018–0760; FRL–9991–45– in the FOR FURTHER INFORMATION indicate the specific section of this Region 4] CONTACT section above. document to which each comment applies, and provide a reason for each Air Plan Approval; North Carolina; E. Unfunded Mandates Reform Act suggestion or recommendation. Revision To Permit Term for Non-Title The Unfunded Mandates Reform Act We encourage you to submit V Air Quality Permits of 1995 (2 U.S.C. 1531–1538) requires comments through the Federal AGENCY: Environmental Protection Federal agencies to assess the effects of eRulemaking Portal at http:// Agency (EPA). their discretionary regulatory actions. In www.regulations.gov. If your material ACTION: Proposed rule. particular, the Act addresses actions cannot be submitted using http://

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SUMMARY: The Environmental Protection Permits.1 These regulations set forth the requirements of 1 CFR 51.5, EPA is Agency (EPA) is proposing to approve a State’s process for issuing combined proposing to incorporate by reference State Implementation Plan (SIP) construction and operating permits. under Subchapter 02Q, Air Quality revision provided by the State of North They do not apply to Title V permits Permits of the North Carolina SIP, Carolina, through the North Carolina issued by NCDAQ. See 15A NCAC Section .0308, titled Final Action of Department of Environmental Quality, 02Q.0301(a). Permit Applications, state effective Division of Air Quality (NCDAQ), on On January 12, 2018, NCDAQ January 1, 2015, which revises the January 12, 2018. The SIP revision submitted a SIP revision to 15 NCAC permit renewal period for non-title V makes changes to the State’s combined 02Q.0308—Final Action on Permit permits to eight years, and makes other construction and operating permit Applications, which was state effective administrative/typographical edits. EPA program for non-Title V sources. EPA is on January 1, 2015.2 The January 12, has made, and will continue to make, proposing to approve the revision to the 2018, submittal requests minor these materials generally available North Carolina SIP because it is typographical/administrative edits to 15 through www.regulations.gov and at the consistent with the Clean Air Act (CAA NCAC 02Q.0308. For example, the EPA Region 4 office (please contact the or Act). submittal fixes a grammar error in 15 person identified in the FOR FURTHER NCAC 02Q.0308(b) by replacing the INFORMATION CONTACT section of this DATES: Comments must be received on word ‘‘which’’ with the word ‘‘that’’ in preamble for more information). or before April 29, 2019. the first sentence. In addition, the ADDRESSES: Submit your comments, submittal changes the permit term IV. Proposed Action identified by Docket ID No. EPA–R04– (duration) for combined construction EPA is proposing to approve the SIP OAR–2018–0760 at http:// and operating permits from five years, revision submitted by the NCDAQ on www.regulations.gov. Follow the online or less as determined reasonable by the January 12, 2018, consisting of changes instructions for submitting comments. Director, to eight years. This permit to 15 NCAC 02Q.0308, state effective Once submitted, comments cannot be term in Section .0308 affects only minor January 1, 2015. These changes modify edited or removed from Regulations.gov. sources because sources subject to Title the permit term for non-title V EPA may publish any comment received V (i.e., major sources) are subject to the combined construction and operating to its public docket. Do not submit separate operating permit term permits and make other typographical/ electronically any information you provisions of North Carolina’s Title V administrative edits. program. consider to be Confidential Business V. Statutory and Executive Order Information (CBI) or other information II. EPA’s Action Reviews whose disclosure is restricted by statute. Multimedia submissions (audio, video, In this action, EPA is proposing to Under the CAA, the Administrator is etc.) must be accompanied by a written approve changes to 02Q Section .0308, required to approve a SIP submission comment. The written comment is Final Action on Permit Applications, that complies with the provisions of the considered the official comment and included in the January 12, 2018, Act and applicable Federal regulations. should include discussion of all points submittal. EPA has preliminarily See 42 U.S.C. 7410(k); 40 CFR 52.02(a). you wish to make. EPA will generally concluded that the minor typographical/ Thus, in reviewing SIP submissions, not consider comments or comment administrative edits are approvable EPA’s role is to approve state choices, because they do not alter the meaning contents located outside of the primary provided that they meet the criteria of of the rule, and that the revision to the submission (i.e., on the web, cloud, or the CAA. This action merely proposes to permit term is approvable because it is other file sharing system). For approve state law as meeting Federal not inconsistent with the Act, including additional submission methods, the full requirements and does not impose the Agency’s preconstruction review EPA public comment policy, additional requirements beyond those requirements at 40 CFR 51.160–164. information about CBI or multimedia imposed by state law. For that reason, EPA notes that the revision merely submissions, and general guidance on this proposed action: changes the duration of the permit from • making effective comments, please visit Is not a significant regulatory action five years to eight years and does not http://www2.epa.gov/dockets/ subject to review by the Office of affect any emission limits or other commenting-epa-dockets. Management and Budget under permit conditions. Thus, EPA does not Executive Orders 12866 (58 FR 51735, FOR FURTHER INFORMATION CONTACT: believe the revision will interfere with October 4, 1993) and 13563 (76 FR 3821, Evan Adams of the Air Regulatory any applicable requirement concerning January 21, 2011); Management Section, Air Planning and attainment and reasonable further • Is not an Executive Order 13771 (82 Implementation Branch, Air, Pesticides progress, or any other applicable FR 9339, February 2, 2017) regulatory and Toxics Management Division, U.S. requirement of the Act. EPA is action because SIP approvals are Environmental Protection Agency, accordingly proposing to approve the exempted under Executive Order 12866; Region 4, 61 Forsyth Street SW, Atlanta, changes included in the January 12, • Does not impose an information Georgia 30303–8960. Mr. Adams can be 2018, submittal. collection burden under the provisions reached by telephone at (404) 562–9009, of the Paperwork Reduction Act (44 III. Incorporation by Reference or via electronic mail at adams.evan@ U.S.C. 3501 et seq.); epa.gov. In this document, EPA is proposing to • Is certified as not having a include in a final EPA rule regulatory significant economic impact on a SUPPLEMENTARY INFORMATION: text that includes incorporation by substantial number of small entities I. Background and Analysis reference. In accordance with under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); North Carolina has a SIP-approved 1 In the table of North Carolina regulations • Does not contain any unfunded construction and operating permit federally approved into the SIP at 40 CFR mandate or significantly or uniquely program at 15 North Carolina 52.1770(c), 15A NCAC 02Q is referred to as ‘‘Subchapter 2Q—Air Quality Permits.’’ affect small governments, as described Administrative Code (NCAC) 2 EPA received this SIP revision on February 2, in the Unfunded Mandates Reform Act 02Q.0300—Construction and Operation 2018. of 1995 (Pub. L. 104–4);

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• Does not have Federalism SUMMARY: Pursuant to the Federal Clean SUPPLEMENTARY INFORMATION: implications as specified in Executive Air Act (CAA or the Act), the Throughout this document ‘‘we,’’ ‘‘us,’’ Order 13132 (64 FR 43255, August 10, Environmental Protection Agency (EPA) or ‘‘our’’ each mean ‘‘the EPA.’’ 1999); is proposing to approve a State Table of Contents: • Is not an economically significant Implementation Plan (SIP) submitted by regulatory action based on health or the Governor through the Arkansas I. Background safety risks subject to Executive Order Department of Environmental Quality A. The Regional Haze Program 13045 (62 FR 19885, April 23, 1997); (ADEQ) on June 2, 2015. The SIP B. Previous Actions on Arkansas Regional • Is not a significant regulatory action submittal addresses requirements of the Haze subject to Executive Order 13211 (66 FR federal regulations that direct the State C. Arkansas’ Regional Haze Progress Report 28355, May 22, 2001); to submit a periodic report that assesses SIP Revision • Is not subject to requirements of progress toward reasonable progress II. Evaluation of Arkansas’ Regional Haze section 12(d) of the National goals (RPGs) established for regional Progress Report SIP Revision haze with a determination of adequacy A. Class I Areas Technology Transfer and Advancement B. Status of Implementation of Measures Act of 1995 (15 U.S.C. 272 note) because of the existing implementation plan. 1. BART Controls application of those requirements would DATES: Written comments must be 2. Reasonable Progress Source Controls be inconsistent with the CAA; and received on or before April 29, 2019. 3. CAIR and CSAPR • Does not provide EPA with the ADDRESSES: Submit comments, 4. Source Retirement and Replacement discretionary authority to address, as identified by Docket No. EPA–R06– Schedules appropriate, disproportionate human OAR–2015–0426, at https:// 5. Agriculture and Forestry Smoke Management health or environmental effects, using www.regulations.gov or via email to practicable and legally permissible 6. Additional Federal Programs [email protected]. Follow the online 7. EPA’s Conclusion on the Status of methods, under Executive Order 12898 instructions for submitting comments. Implementation of Measures (59 FR 7629, February 16, 1994). Once submitted, comments cannot be C. Emission Reductions From The SIP is not approved to apply on edited or removed from Regulations.gov. Implementation of Measures any Indian reservation land or in any The EPA may publish any comment D. Visibility Conditions and Changes other area where EPA or an Indian tribe received to its public docket. Do not E. Emission Tracking has demonstrated that a tribe has submit any information electronically F. Assessment of Changes Impeding jurisdiction. In those areas of Indian that is considered to be Confidential Visibility Progress G. Assessment of Current Strategy To Meet country, the rule does not have tribal Business Information (CBI) or other implications as specified by Executive RPGs information whose disclosure is H. Review of Visibility Monitoring Strategy Order 13175 (65 FR 67249, November 9, restricted by statute. Multimedia I. Determination of Adequacy of Existing 2000), nor will it impose substantial submissions (audio, video, etc.) must be Implementation Plan direct costs on tribal governments or accompanied by a written comment. J. Consultation With Federal Land preempt tribal law. The written comment is considered the Managers III. The EPA’s Proposed Action List of Subjects in 40 CFR Part 52 official comment with multimedia submissions and should include all IV. Statutory and Executive Order Reviews Environmental protection, Air discussion points desired. The EPA will pollution control, Carbon monoxide, generally not consider comments or I. Background Incorporation by reference, their contents located outside of the A. The Regional Haze Program Intergovernmental relations, Lead, primary submission (i.e. on the web, Nitrogen dioxide, Ozone, Particulate Regional haze is visibility impairment cloud, or other file sharing systems). For that occurs over a wide geographic area matter, Reporting and recordkeeping additional submission methods, please requirements, Sulfur oxides, Volatile primarily from the pollution of fine contact James E. Grady, (214) 665–6745, 1 organic compounds. particles (PM2.5) emitted into the air. [email protected]. For the full EPA Fine particles causing haze consist of Authority: 42 U.S.C. 7401 et seq. public comment policy, information 2 ¥ ¥ sulfates (SO4 ), nitrates (NO3 ), Dated: March 18, 2019. about CBI or multimedia submissions, organics, elemental carbon (EC), and and general guidance on making Mary S. Walker, soil dust.2 Airborne PM can scatter effective comments, please visit https:// 2.5 Acting Regional Administrator, Region 4. www.epa.gov/dockets/commenting-epa- 1 [FR Doc. 2019–05979 Filed 3–27–19; 8:45 am] Fine particles are less than or equal to 2.5 dockets. microns (mm) in diameter and usually form BILLING CODE 6560–50–P Docket: The index to the docket for secondary in nature indirectly from other sources. this action is available electronically at Particles less than or equal to 10 mm in diameter www.regulations.gov and in hard copy are referred to as PM10. Particles greater than PM2.5 but less than PM are referred to as coarse mass. ENVIRONMENTAL PROTECTION at the EPA Region 6, 1445 Ross Avenue, 10 AGENCY Coarse mass can contribute to light extinction as Suite 700, Dallas, Texas. While all well and is made up of primary particles directly emitted into the air. Fine particles tend to be man- 40 CFR Part 52 documents in the docket are listed in the index, some information may be made, while coarse particles tend to have a natural origin. Coarse mass settles out from the air more [EPA–R06–OAR–2015–0426; FRL–9990–62– publicly available only at the hard copy rapidly than fine particles and usually will be Region 6] location (e.g., copyrighted material), and found relatively close to emission sources. Fine some may not be publicly available at particles can be transported long distances by wind Air Plan Approval; Arkansas; Regional either location (e.g., CBI). and can be found in the air thousands of miles from Haze Five-Year Progress Report State where they were formed. FOR FURTHER INFORMATION CONTACT: 2 Organic carbon (OC) can be emitted directly as Implementation Plan James E. Grady, (214) 665–6745; particles or formed through reactions involving [email protected]. To inspect the gaseous emissions. Elemental carbon, in contrast to AGENCY: Environmental Protection organic carbon, is exclusively of primary origin and Agency (EPA). hard copy materials, please schedule an emitted by the incomplete combustion of carbon- appointment with Mr. Grady or Mr. Bill ACTION: Proposed rule. based fuels. Elemental carbon particles are Deese at 214–665–7253. Continued

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and absorb the incident light and, added section 169B to the CAA in 1990 States are directed to conduct BART therefore, lead to atmospheric opacity that added visibility protection determinations for each source and horizontal visibility degradation. provisions, and the EPA promulgated classified as subject-to-BART. 40 CFR Regional haze limits visual distance and final regulations addressing regional 51.308(e)(1)(ii)(A) requires states (or reduces color, clarity, and contrast of haze as part of the 1999 Regional Haze EPA in the case of a FIP) to identify the view. PM2.5 can cause serious adverse Rule, which was most recently updated level of control representing BART after health effects and mortality in humans. in 2017.7 The Regional Haze Rule considering the five statutory factors set It also contributes to environmental revised the existing 1980 visibility out in CAA section 169A(g)(2). States effects such as acid deposition and regulations and established a more must establish emission limits, a eutrophication. Emissions that affect comprehensive visibility protection schedule of compliance, and other visibility include a wide variety of program for Class I areas. The measures consistent with the BART natural and man-made sources. requirements for regional haze, found at determination process for each source Reducing PM2.5 and its precursor gases 40 CFR 51.308 and 51.309, are included subject-to-BART. In lieu of requiring in the atmosphere is an effective method in the EPA’s broader visibility source-specific BART controls, states of improving visibility. PM2.5 precursors protection regulations at 40 CFR also have the flexibility to adopt consist of sulfur dioxide (SO2), nitrogen 51.300–309. The regional haze alternative measures, as long as the oxides (NOX), ammonia (NH3), and regulations require states to demonstrate alternative provides greater reasonable volatile organic compounds (VOCs). reasonable progress toward meeting the progress toward improving visibility Data from the existing visibility national goal of a return to natural than BART. Namely, the alternative monitoring network, ‘‘Interagency visibility conditions for Class I areas must be ‘‘better than BART.’’ 12 Monitoring of Protected Visual both within and outside states by 2064. Environments’’ (IMPROVE), shows that The CAA requirement in section B. Previous Actions on Arkansas visibility impairment caused by air 169A(b)(2) to submit a regional haze SIP Regional Haze pollution occurs virtually all of the time applies to all fifty states, the District of Arkansas submitted a regional haze at most national parks and wilderness Columbia, and the Virgin Islands. States SIP on September 9, 2008, to address areas. In 1999, the average visual range 3 were required to submit the first the requirements of the first regional in many Class I areas (i.e., national implementation plan addressing haze implementation period. On August parks and memorial parks, wilderness visibility impairment caused by regional 3, 2010, the State submitted a SIP areas, and international parks meeting haze no later than December 17, 2007.8 revision with mostly non-substantive certain size criteria) in the western Section 169A(b)(2)(A) of the CAA changes that addressed Arkansas United States was 100–150 kilometers directs states to evaluate the use of Best Pollution Control and Ecology (km), or about one-half to two-thirds of Available Retrofit Technology (BART) Commission (APCEC) Regulation 19 the visual range that would exist under controls at certain categories of existing Chapter 15.13 On September 27, 2011, estimated natural conditions.4 In most major stationary sources 9 built between the State submitted supplemental of the eastern Class I areas of the United 1962 and 1977. These large, often information to address the regional haze States, the average visual range was less under-controlled, older stationary requirements. The EPA collectively than 30 km, or about one-fifth of the sources are required to procure, install, refers to the original 2008 submittal and visual range that would exist under and operate BART controls to address these revisions together as the 2008 estimated natural conditions. CAA visibility impacts from them. Under the Arkansas Regional Haze SIP. On March programs have reduced emissions of Regional Haze Rule, any of these BART- 12, 2012, the EPA partially approved some haze-causing pollution, lessening eligible sources 10 that are reasonably and partially disapproved the 2008 some visibility impairment and anticipated to cause or contribute to Arkansas Regional Haze SIP.14 resulting in partially improved average visibility impairment in a Class I area Specifically, the EPA disapproved visual ranges.5 are determined to be subject-to-BART.11 In section 169A of the 1977 CAA deciviews (dv), below which a BART-eligible Amendments, Congress created a consultation with the Department of Interior, source would not be expected to cause or contribute promulgated a list of 156 areas where visibility was to visibility impairment in any Class I area. The program for protecting visibility in the identified as an important value. The extent of a state must document this threshold in the SIP and nation’s national parks and wilderness mandatory Class I area includes subsequent changes state the basis for its selection of that value. Any areas. This section of the CAA in boundaries, such as park expansions. Although source with visibility impacts that model above the establishes as a national goal the states and tribes may designate additional areas as threshold value would be subject to a BART Class I, the requirements of the visibility program determination review. The BART Guidelines prevention of any future, and the set forth in the CAA applies only to ‘‘mandatory acknowledge varying circumstances affecting remedying of any existing, visibility Class I Federal areas.’’ Each mandatory Class I different Class I areas. States should consider the impairment in mandatory Class I Federal area is the responsibility of a ‘‘Federal Land number of emission sources affecting the Class I Federal areas where impairment results Manager.’’ When the term ‘‘Class I area’’ is used in areas at issue and the magnitude of the individual this action, it means ‘‘mandatory Class I Federal 6 sources’ impacts. Any visibility impact threshold from manmade air pollution. Congress areas.’’ [See 44 FR 69122, November 30, 1979 and set by the state should not be higher than 0.5 dv. CAA Sections 162(a), 169A, and 302(i)]. See 40 CFR 51, Appendix Y, section III.A.1. especially prevalent in diesel exhaust and smoke 7 See the July 1, 1999 Regional Haze Rule final 12 The required content of BART alternative from wild and prescribed fires. action (64 FR 35714), as amended on July 6, 2005 measures is codified at 40 CFR 51.308(e)(2). 3 Visual range is the greatest distance, in km or (70 FR 39156), October 13, 2006 (71 FR 60631), June 13 The September 9, 2008 SIP submittal included miles, at which a dark object can be viewed against 7, 2012 (77 FR 33656) and on January 10, 2017 (82 APCEC Regulation 19, Chapter 15, which is the the sky by a typical observer. FR 3079). state regulation that identified the BART-eligible 4 64 FR 35715 (July 1, 1999). 8 See 40 CFR 51.308(b). The EPA’s regional haze and subject-to-BART sources in Arkansas and 5 An interactive ‘‘story map’’ depicting efforts and regulations require subsequent updates to the established BART emission limits for subject-to- recent progress by EPA and states to improve regional haze SIPs. 40 CFR 51.308(g)–(i). BART sources. The August 3, 2010 SIP revision did visibility at national parks and wilderness areas 9 See 42 U.S.C. 7491(g)(7) (listing the set of not revise Arkansas’ list of BART-eligible and may be visited at: http://arcg.is/29tAbS3. ‘‘major stationary sources’’ potentially subject-to- subject-to-BART sources or revise any of the BART 6 Mandatory Class I Federal areas consist of BART). requirements for affected sources. Instead, it national parks exceeding 6,000 acres, wilderness 10 See 40 CFR 51 Appendix Y, II. How to Identify included mostly non-substantive revisions to the areas and national memorial parks exceeding 5,000 BART-eligible Sources. state regulation. acres, and all international parks that were in 11 Under the BART Guidelines, states may select 14 See the final action on March 12, 2012 (77 FR existence on August 7, 1977. The EPA, in a visibility impact threshold, measured in 14604).

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certain BART compliance dates; the days on April 25, 2017.18 During that other sources in Arkansas. In addition, State’s identification of certain BART- period, on July 12, 2017, the State it established revised RPGs for eligible sources and subject-to-BART submitted a proposed SIP submittal (the Arkansas’ two Class I areas and revised sources; certain BART determinations Arkansas Regional Haze NOX SIP the State’s long-term strategy provisions. for NOX, SO2, and PM; the State’s revision) to address NOX BART The submittal did not address BART reasonable progress analysis and RPGs; requirements for all EGUs and the and associated long-term strategy and a portion of the State’s long-term reasonable progress requirements with requirements for Domtar Ashdown Mill strategy (LTS). The remaining respect to NOX. These NOX provisions Power Boilers No. 1 and 2. On provisions of the 2008 Arkansas were previously disapproved by the November 30, 2018, we proposed Regional Haze SIP were approved. The EPA in our 2012 final action for the approval of the Arkansas Regional Haze final partial disapproval started a two- 2008 Arkansas Regional Haze SIP. The SO2 and PM SIP revision and to year federal implementation plan (FIP) Arkansas Regional Haze NOX SIP withdraw the corresponding parts of the clock that obligated the EPA to either submittal replaced all source-specific FIP.21 approve a SIP revision or promulgate a NOX BART determinations established C. Arkansas’ Regional Haze Progress FIP to address the disapproved portions in the FIP with reliance upon the Cross- Report SIP Revision of the action.15 Because a SIP revision State Air Pollution Rule (CSAPR) was not received and since the FIP clock emissions trading program for ozone Under 40 CFR 51.308(g), each state is expired in April 2014, the EPA (O3) season NOX as an alternative to required to submit a progress report that promulgated a FIP (the Arkansas NOX BART. The SIP submittal evaluates progress toward the RPGs for Regional Haze FIP) on September 27, addressed the NOX BART requirements each Class I area within the state and 2016 to address the disapproved for Bailey Unit 1, McClellan Unit 1, each Class I area outside the state which portions of the 2008 Arkansas Regional Flint Creek Boiler No. 1, Lake Catherine may be affected by emissions from Haze SIP.16 Among other things, the FIP Unit 4; White Bluff Units 1 and 2, and within the state. In addition, 40 CFR established SO2, NOX, and PM emission the Auxiliary Boiler. The revision did 51.308(h) requires states to submit, at limits under the BART requirements for not address NOX BART for Domtar the same time as the progress report, a nine units at six facilities: Arkansas Ashdown Mill Power Boilers No. 1 and determination of adequacy of the Electric Cooperative Corporation 2. On February 12, 2018, we took final existing regional haze implementation (AECC) Carl E. Bailey Plant Unit 1 action to approve the Arkansas Regional plan.22 The progress report for the first Boiler; AECC John L. McClellan Plant Haze NOX SIP revision and to withdraw planning period is due five years after Unit 1 Boiler; SWEPCO Flint Creek the corresponding parts of the FIP.19 submittal of the initial regional haze SIP Plant Boiler No. 1; Entergy Lake The State submitted another SIP and must take the form of a SIP revision. Catherine Plant Unit 4 Boiler; Entergy revision (the Arkansas Regional Haze Arkansas submitted its initial regional White Bluff Plant Units 1 and 2 Boilers SO2 and PM SIP revision) on August 8, haze SIP on September 9, 2008. and the Auxiliary Boiler; and the 2018, that addressed most of the On June 2, 2015, Arkansas submitted Domtar Ashdown Mill Power Boilers remaining parts of the 2008 Arkansas its progress report to the EPA in the No. 1 and 2. The FIP also established Regional Haze SIP disapproved in 2012. form of a SIP revision under 40 CFR The August 8, 2018 SIP submittal was SO2 and NOX emission limits under the 51.308. As described in further detail in reasonable progress requirements for the intended to replace the federal SO2 and section II of this proposed rulemaking, Entergy Independence Plant Units 1 PM BART determinations for EGUs as to address the progress report well as the reasonable progress and 2. requirements, the State provided: (1) A determinations established in the FIP Following petitions for description of the status of measures in 17 with the State’s own determinations. the approved regional haze SIP; (2) a reconsideration submitted by the Specifically, the SIP revision addressed State, industry, and ratepayers, the EPA summary of emission reductions the applicable SO2 and PM BART achieved; (3) an assessment of visibility issued a partial administrative stay of requirements for Bailey Unit 1; SO and the effectiveness of the FIP for ninety 2 conditions for each Class I area in the PM BART requirements for McClellan state (and for two Class I areas in Unit 1; SO2 BART requirements for Flint Missouri); (4) an analysis tracking the 15 Under CAA section 110(c), EPA is required to Creek Boiler No. 1; SO2 BART promulgate a FIP within 2 years of the effective date changes in emissions from sources and of a finding that a state has failed to make a requirements for White Bluff Units 1 activities within the state; (5) an required SIP submission or has made an incomplete and 2; SO2, NOX, and PM BART assessment of any significant changes in submission, or of the date that EPA disapproves a requirements for the White Bluff anthropogenic emissions within or SIP in whole or in part. The FIP requirement is Auxiliary Boiler; 20 and Lake Catherine terminated only if a state submits a SIP, and EPA outside the state that have limited or approves that SIP as meeting applicable CAA Unit 4. The submittal addressed the requirements before promulgating a FIP. CAA reasonable progress requirements for 21 See 83 FR 62204 (November 30, 2018) for section 302(y) defines the term ‘‘federal Independence Units 1 and 2 and all proposed approval. The Arkansas Regional Haze implementation plan’’ in pertinent part, as a plan SO2 and PM SIP revision also addressed separate (or portion thereof) promulgated by EPA ‘‘to fill all 18 82 FR 18994. CAA requirements related to interstate visibility or a portion of a gap or otherwise correct all or a 19 See 82 FR 42627 (September 11, 2017) for the transport under CAA section 110(a)(2)(D)(i)(II), but portion of an inadequacy’’ in a SIP, and which proposed approval. See also 83 FR 5915 and 83 FR we did not propose action on that part of the includes enforceable emission limitations or other 5927 (February 12, 2018) for the final action. submittal. control measures, means or techniques (including 22 20 The Arkansas Regional Haze SO and PM SIP The Regional Haze Rule requires states to economic incentives, such as marketable permits or 2 revision established a new NO emission limit of provide in the progress report an assessment of auctions or emissions allowances). X 32.2 pph for the Auxiliary Boiler to satisfy NOX whether the current ‘‘implementation plan’’ is 16 See FIP final action (81 FR 66332) as corrected BART and replace the SIP determination that we sufficient to enable the states to meet all established on October 4, 2016 (81 FR 68319). previously approved in the Arkansas Regional Haze RPGs under 40 CFR 51.308(g). The term 17 See the docket associated with this proposed NOX SIP revision. In the Arkansas Regional Haze ‘‘implementation plan’’ is defined for purposes of rulemaking for a copy of the petitions for NOX SIP revision, ADEQ incorrectly identified the the Regional Haze Rule to mean any SIP, FIP, or reconsideration and administrative stay submitted Auxiliary Boiler as participating in the CSAPR Tribal Implementation Plan. As such, the Agency by the State of Arkansas; Entergy Arkansas Inc., trading program for O3 season NOX to satisfy the may consider measures in any issued FIP as well Entergy Mississippi Inc., and Entergy Power LLC NOX BART requirements but the new source as those in a state’s regional haze plan in assessing (collectively ‘‘Entergy’’); AECC; and the Energy and specific NOX BART emission limit corrects that the adequacy of the ‘‘existing implementation plan’’ Environmental Alliance of Arkansas (EEAA). error. under 40 CFR 51.308(g) and (h).

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impeded progress in reducing pollutant that it satisfies the requirements of 40 apportionment modeling to assist in emissions and improving visibility; (6) CFR 51.308(g) and (h), as explained in identifying contributions to visibility an assessment of whether the approved further detail in each subsequent impairment at Caney Creek and Upper regional haze SIP elements and section. Buffalo Wilderness Areas in Arkansas. strategies are sufficient to enable the A. Class I Areas ADEQ also indicated through CENRAP State (and other states with Class I areas modeling results that two Class I areas affected by emissions from the state) to Arkansas has two Class I areas within outside Arkansas’ borders at Hercules meet all established RPGs; (7) a review its borders that are addressed in the Glades and Mingo Wilderness areas in of the State’s visibility monitoring progress report: Upper Buffalo and Missouri were impacted by emissions 25 strategy; and (8) a determination of Caney Creek Wilderness areas. from within Arkansas. In the ensuing adequacy of the existing Visibility impairment at Arkansas’ two sections, we discuss how the State implementation plan. Class I areas was tracked in units of 26 addressed the progress report deciviews, which is related to the requirements under 40 CFR 51.308(g) II. Evaluation of Arkansas’ Regional cumulative sum of visibility impairment Haze Progress Report SIP Revision and (h) for these Class I areas, and we from individual aerosol species as show our analysis and proposed On June 2, 2015, the EPA received measured by two monitors in the determination as to whether the State Arkansas’ periodic report on progress IMPROVE Network. satisfied the requirements. for the State’s regional haze SIP in the Through collaboration with the form of a SIP revision. That submission Central Regional Air Planning B. Status of Implementation of Measures is the subject of this proposed approval. Association (CENRAP),27 ADEQ worked The periodic report for the first with the central states to assess state-by- The State evaluated the status of implementation period assessed state contributions to visibility implementation of all measures in its visibility progress toward the 2018 RPGs impairment in specific Class I areas in 2008 Arkansas Regional Haze SIP in for Class I areas in the state. It also Arkansas and those affected by accordance with the requirements under assessed visibility progress in general emissions from Arkansas. ADEQ used 40 CFR 51.308(g).29 These measures for two Class I areas in Missouri that CENRAP as the main vehicle for were designed to address sulfate, may be affected by emissions from developing its regional haze SIP for the particulate organic matter, and nitrate, within the state. The progress report first implementation period. The results which are the three largest asserted that Arkansas was committed reported by ADEQ in the progress report contributors 30 to visibility impairment to remedying the disapproved portions compared available monitored visibility at Upper Buffalo and Caney Creek of the 2008 Arkansas Regional Haze SIP conditions to improvements that were Wilderness areas. Ammonium sulfate is submission. At this time, the Arkansas projected based on the technical primarily from SO2 precursor emissions 23 Regional Haze NOX SIP revision, the analysis and emission inventories that from EGU point sources; 31 nitrate is 28 Arkansas Regional Haze SO2 and PM were a part of the CENRAP modeling. primarily from mobile and point sources SIP revision (if EPA’s proposed CENRAP generated regional emissions; and particulate organic approval is finalized),24 and the photochemical modeling results, matter is from area sources, particularly remaining part of the FIP that addresses visibility projections, and source emissions from fires.32 The major the BART and associated long-term measures identified in the 2008 strategy requirements for Domtar 25 Upper Buffalo Wilderness area, located in Arkansas Regional Haze SIP to control together fully address the deficiencies of Newton County, Arkansas, is an oak-hickory forest with intermittent portions of shortleaf pine located the 2008 Arkansas Regional Haze SIP. in the Ozark National Forest and offers 12,108 acres 29 The progress report was not required to include These deficiencies were previously of boulder strewn and rugged scenery along the information on the status of implementation of identified in 2012 by the EPA and Buffalo River. Caney Creek Wilderness is located in measures that became part of the implementation acknowledged by ADEQ in its June 2, Polk County, Arkansas, and covers 14,460 acres on plan after the submission of the progress report. the southern edge of the Ouachita National Forest However, the EPA is including a discussion of 2015 progress report SIP. The 2018 and protects a rugged portion of the Ouachita measures from the recent SIP submittals to Arkansas Regional Haze SO2 and PM Mountains. complement the progress report and to provide up- SIP submission provides more recent 26 A deciview is a haze index derived from to-date information since the progress report’s visibility information in addition to the calculated light extinction, such that uniform submission in 2015. Concerning the aspects of the visibility data presented by ADEQ in the changes in haziness correspond to uniform 2008 Arkansas Regional Haze SIP that had been incremental changes in perception across the entire disapproved by the EPA in 2012 before the 2015 2015 progress report. The recent data range of conditions, from pristine to highly submission of the progress report, none involved shows visibility improvement that is impaired. The preamble to the Regional Haze Rule new SIP measures with compliance deadlines prior exceeding the revised visibility goals set provides additional details about the deciview (64 to the submission of the progress report. Thus, our for 2018 for the Arkansas Class I areas. FR 35714, 35725, July 1, 1999). 2012 disapprovals do not necessarily affect the 27 The CENRAP is a collaborative effort of tribal progress report requirement regarding reporting on Furthermore, up-to-date emission trends governments, state governments and various federal the status of implementation of measures included indicate that SO2, NOX, and PM agencies representing the central states (Texas, in the implementation plan. emissions have all been decreasing. The Oklahoma, Louisiana, Arkansas, Kansas, Missouri, 30 See Figures 2.1 and 2.2 from the 2015 regional EPA is, therefore, proposing to approve Nebraska, Iowa, Minnesota; and tribal governments haze progress report (pages 16–17) which shows the included in these states) that provided technical 2007 to 2011 five-year averages. The percent Arkansas’ progress report on the basis and policy tools for the central states and tribes to contributions of the major haze pollutant comply with the EPA’s Regional Haze regulations. contributors for Caney Creek and Upper Buffalo are 23 Final action approved on February 12, 2018 (83 Due to lack of funding, CENRAP subsequently as follows: (65% and 56%) sulfate, (11% and 16%) FR 5927). ceased to function and Arkansas is communicating nitrate, (15% and 18%) particulate organic matter, 24 See the EPA’s proposed approval on November through the Central States Air Resource Agencies 10% attributed to both sites for coarse mass, EC, 30, 2018 (83 FR 62204). We note that in the event (CenSARA) with the other states that were part of and soil. this proposed rule is not finalized, there is already CENRAP. 31 See Figure 2.3 of the progress report that shows FIP in place which addresses the previously 28 See the technical support document (TSD) for Percent Contribution by Source to SO2 Emissions in identified deficiencies. Thus, regardless of whether CENRAP Emissions and Air Quality Modeling to Arkansas for 2011: Non-EGU point sources account the EPA finalizes the proposed approval of the Support Regional Haze State Implementation, found for 12 percent SO2 emissions, fires account for 8 Arkansas Regional Haze SO2 and PM SIP revision, in Appendix 8.1 of the 2008 Arkansas Regional percent, and approximately one percent SO2 Arkansas will have an implementation plan in Haze SIP. The TSD can be found in the docket for emissions are made up of area and mobile sources place that fully addresses the regional haze the proposal at http://www.regulations.gov. The (on- and off-road). requirements for the first implementation period. docket number is EPA–R06–OAR–2008–0727. 32 See progress report SIP revision (page 16).

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these pollutants and listed in the facilities were found to be subject-to- of exempt.38 Because of this, the progress report are as follows: BART 35 and are reflected in Table 2.2 progress report included Georgia- • BART Controls of the progress report.36 In addition to Pacific’s 6A and 9A Boilers as subject- • Clean Air Interstate Rule (CAIR) and these subject-to-BART units determined to-BART at the time of its submittal in CSAPR by the State in the 2008 Arkansas 2015. However, despite the EPA’s • Source Retirement and Replacement Regional Haze SIP, the progress report previous disapproval of ADEQ’s Schedules also included additional units from exemption finding, following the • Agriculture and Forestry Smoke Georgia-Pacific Paper. As discussed in company’s recent submission of Management section I.B of this proposed action, the additional technical information and • Additional Federal Programs BART portion of the 2008 Arkansas analyses, the EPA ultimately agreed that Regional Haze SIP was partially Georgia Pacific’s 6A and 9A Power 1. BART Controls approved and partially disapproved in Boilers are BART-eligible, but are not In the 2008 Arkansas Regional Haze our 2012 final action.37 We approved subject-to-BART. ADEQ provided SIP, the State determined that there Arkansas’ identification of BART- documentation supporting this were eighteen facilities in Arkansas eligible sources from the 2008 Arkansas determination in Appendix A of the 33 34 with BART-eligible sources. The Regional Haze SIP with the exception of 2018 Arkansas Regional Haze SO2 and State chose to exempt those sources that Georgia-Pacific’s 6A Boiler, which we PM SIP revision that the EPA proposed did not contribute to visibility found to be BART-eligible, instead of for approval on November 30, 2018. impairment by performing a source- being excluded as stated by the State in Therefore, the State’s most recent specific screening analysis using the 2008 Arkansas Regional Haze SIP. identification of subject-to-BART units CALPUFF modeling. After eliminating The EPA also approved the State’s in the Arkansas Regional Haze SO2 and BART-eligible sources whose modeled identification of subject-to-BART PM SIP revision is the same as contributions to visibility impairment sources, with the exception of the 6A originally presented in the 2008 were below the 0.5 dv threshold limit, and 9A Boilers at Georgia-Pacific, which Arkansas Regional Haze SIP (see Table nine boiler units from six different we found to be subject-to-BART instead 1):

TABLE 1—SUBJECT-TO-BART UNITS IN ARKANSAS

Facility Unit ID

SWEPCO Flint Creek Plant ...... Unit 1 Boiler. Arkansas Electric Cooperative Corporation—Bailey Generating Station ...... Unit 1 Boiler. Arkansas Electric Cooperative Corporation—John L. McClellan Generating Station ...... Unit 1 Boiler. Entergy Lake Catherine Plant ...... Unit 4 Boiler. Entergy White Bluff Plant ...... Unit 1 Boiler. Unit 2 Boiler. Auxiliary Boiler. Domtar—Ashdown Mill ...... No. 1 Power Boiler. No. 2 Power Boiler.

ADEQ was unable to determine at the emission reductions from subject-to- Bluff Plant Units 1 and 2; and PM time of the progress report’s submission BART sources in Arkansas due to determination for Domtar Ashdown Mill when revisions to the 2012 disapproved implementation of BART limits more Power Boiler No. 1.39 portions of the SIP would be submitted stringent than the existing limits. Subsequent to the June 2015 progress to the EPA. ADEQ was working then Accordingly, there were no required report submittal, the EPA finalized a FIP with facilities and the EPA to develop efforts to implement new measures on in 2016 that established new BART the required five-factor analyses to which the progress report was required emission limits for the 2012 address the disapproved BART to provide information. The EPA disapproved determinations.40 The FIP determinations. Consequently, updated approved the following BART established SO2, NOX, and PM emission BART determinations and emission determinations in 2012 for the 2008 limits under the BART requirements for limits were not listed in the progress Arkansas Regional Haze SIP: PM nine units at six facilities: SO2, NOX, report by the State because they were determination on SWEPCO Flint Creek and PM BART for AECC Bailey Plant not yet available. The BART Plant Boiler No. 1; SO2 and PM Unit 1 and the AECC McClellan Plant determinations that were approved in determinations for the natural gas firing Unit 1; SO2 and NOX BART for 2012 were findings that the existing scenario for Entergy Lake Catherine SWEPCO Flint Creek Plant Boiler No. 1; limitations met the BART requirements. Plant Unit 4; PM determinations for NOX BART for the natural gas firing Therefore, as of the submittal date of the both bituminous and sub-bituminous scenario for Entergy Lake Catherine 41 progress report, there were not any new coal firing scenarios for Entergy White Plant Unit 4; SO2 and NOX BART for

33 36 41 BART-eligible sources include certain See Arkansas Regional Haze Progress Report The 2012 action had disapproved SO2, NOX, categories of existing major stationary sources built (page 20). and PM BART for the fuel oil firing scenario for the between August 7, 1962 and August 7, 1977 and 37 See the final action at 77 FR 14604, March 12, Entergy Lake Catherine Plant Unit 4, but a FIP have potential emissions greater than 250 tons per 2012. BART determination was not established. Instead, Entergy committed to not burn fuel oil at Lake year (tpy). See 40 CFR 51 Appendix Y, II. How to 38 See 77 FR 14606. Catherine Unit 4 until final EPA approval of BART Identify BART-eligible Sources. 39 See Tables 4 and 5 from the proposal at 40 CFR for SO2 and PM for the fuel oil firing scenario. This 34 See Table 9.1 of the 2008 Arkansas Regional 64186, 64210–64211 (October 17, 2011). commitment has now been made enforceable by the Haze SIP (page 45). 40 See final action on September 27, 2016 (81 FR State through an Administrative Order that has 35 See Table 9.2 and Figure 9.2 of the 2008 66332) as corrected on October 4, 2016 (81 FR been adopted and incorporated in the Arkansas Arkansas Regional Haze SIP (page 48). 68319). Regional Haze SO2 and PM SIP revision.

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Entergy White Bluff Plant Units 1 and source-specific NOX BART. The per hour (pph) to satisfy NOX BART for 2; SO2, NOX, and PM BART for Entergy Arkansas Regional Haze NOX SIP White Bluff’s auxiliary boiler, replacing White Bluff Plant Auxiliary Boiler; SO2 revision also established that no new the determination in the Arkansas and NOX BART for Domtar Ashdown NOX emission controls were required Regional NOX SIP revision (relying Mill Power Boiler No. 1; and SO2, NOX beyond participation in CSAPR for O3 upon CSAPR to satisfy NOX BART) that and PM BART for Domtar Ashdown season NOX for any source to achieve we previously approved. The State Mill Power Boiler No. 2. The FIP also reasonable progress for the first made all of these BART determinations established SO2 and NOX emission implementation period. enforceable through administrative limits under the reasonable progress Second, on August 8, 2018, the State orders.44 The State determined that no requirements for Entergy Independence submitted the Arkansas Regional Haze additional SO2 or PM controls beyond Units 1 and 2. SO2 and PM SIP revision. That BART were necessary for reasonable The State mentioned in the progress submittal addressed all remaining progress during the first planning report that it was committed to disapproved parts of the 2008 Arkansas period.45 The EPA proposed to approve correcting the 2012 disapproved Regional Haze SIP, with exception of a large portion of the SIP revision on portions of the 2008 Arkansas Regional the BART and associated long-term November 30, 2018.46 Haze SIP. As described below and strategy requirements for the Domtar The Arkansas Regional Haze NOX SIP elsewhere, the State has made two Ashdown Mill Power Boilers No. 1 and revision,47 the Arkansas Regional Haze submissions to fulfill this commitment. 2. The majority of the BART SO2 and PM SIP revision (if EPA’s Each SIP revision contained updated determinations in that SIP revision were proposed approval is finalized),48 and BART determinations intended to essentially identical to the BART the remaining part of the FIP that replace the applicable FIP established determinations in the FIP except for addresses the BART and associated limits from 2016. different BART requirements for White long-term strategy requirements for First, on February 12, 2018, the EPA Bluff units 1 and 2.43 The submittal Domtar together fully address the approved the 2017 Arkansas Regional established that each White Bluff unit deficiencies of the 2008 Arkansas 42 Haze NOX SIP revision. That submittal was to comply with an updated SO2 Regional Haze SIP previously identified addressed the NOX BART BART emission limit of 0.60 lb/MMBtu. in 2012 by the EPA. The EPA is determinations established in the FIP That is based on the use of low sulfur collectively providing all of these for the Arkansas subject-to-BART EGUs coal and an enforceable commitment to updated BART determination emission by replacing them with reliance upon cease coal combustion by the end of limits in Table 2 below since they were the CSAPR emissions trading program 2028. The submittal also established a not all available at the time of the for O3 season NOX as an alternative to new NOX emission limit of 32.2 pounds progress report’s submission.

TABLE 2—UPDATED BART DETERMINATIONS

BART emission limit Facility Unit SO2 NOX PM10

SWEPCO Flint Creek Plant Unit 1 Boiler ...... 0.06 lb/MMBtu** ...... Reliance on Participation in 0.1 lb/MMBtu.* Arkansas Electric Coopera- Unit 1 Boiler ...... Use fuel with sulfur limit of CSAPR Trading Program Use fuel with sulfur limit of tive Corporation—Bailey 0.5% by weight **. for O3 season NOX to sat- 0.5% by weight.** a Generating Station...... isfy NOX BART . Arkansas Electric Coopera- Unit 1 Boiler. Use fuel with sulfur limit of Use fuel with sulfur limit of tive Corporation—John L. 0.5% by weight **. 0.5% by weight.** McClellan Generating Sta- tion. Entergy—Lake Catherine ..... Unit 4 Boiler b ...... (Natural gas firing scenario) (Natural gas firing scenario) Burn natural gas only*. 45 pph and burn natural gas only.* Entergy—White Bluff ...... Unit 1 Boiler ...... 0.60 lb/MMBtu †. 0.1 lb/MMBtu.* Unit 2 Boiler ...... 0.60 lb/MMBtu†. 0.1 lb/MMBtu.* Auxiliary Boiler ...... 105.2 pph** ...... 32.2 pph*** ...... 4.5 pph.** Domtar—Ashdown Mill ...... No. 1 Power Boiler .. 504 ppd ‡ ...... 207.4 pph ‡ ...... 0.07 lb/MMBtu.*

42 See final action on February 12, 2018 for the 44 The Administrative Orders can be found in the Power Boilers No. 1 and No. 2, we will evaluate the Arkansas Regional Haze NOX SIP revision (83 FR Arkansas Regional Haze SO2 and PM BART SIP SIP submittal at that time and also whether it 5927). Revision. addresses reasonable progress requirements. 45 46 43 For the White Bluff units, the FIP required an In the Arkansas Regional Haze SO2 and PM SIP See proposed action on November 30, 2018 for revision, part of ADEQ’s basis for determining the the Arkansas Regional Haze SO2 and PM SIP SO2 emission limit of 0.06 lb/MMBtu with a five- revision (83 FR 62204). Note that the SIP revision year compliance date, based on the installation of sources to further evaluate under the four reasonable progress factors was analyses and also addressed separate CAA requirements related dry scrubbers. The Arkansas Regional Haze SO and 2 determinations for whether sources were subject-to- to interstate visibility transport under CAA section PM SIP revision does not require the SO emission 2 BART in the first implementation period. For the 110(a)(2)(D)(i)(II), but we did not propose action on limit of 0.06 lb/MMBtu, but it does require that Domtar facility in particular, the State relied on the that part of the submittal. Entergy move forward with its announced plans to fact that a FIP is in place to address the BART 47 Final action approved on February 12, 2018 for cease coal combustion at the White Bluff Units by requirements. In our November 30, 2018 proposed the Arkansas Regional Haze NOX SIP revision (83 2028 and to meet an SO2 emission limit of 0.60 lb/ approval (83 FR 62204), we proposed to agree that FR 5927). MMBtu in the interim. Once the units cease coal this is an appropriate basis on which we find that 48 In the event that this proposed rule is not combustion, SO2 emissions are expected to nothing further is needed for reasonable progress at finalized, we note that there is already a FIP in significantly decrease. this source. If ADEQ chooses to submit a future SIP place which addresses the previously identified revision to address BART requirements for Domtar deficiencies.

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TABLE 2—UPDATED BART DETERMINATIONS—Continued

BART emission limit Facility Unit SO2 NOX PM10

No. 2 Power Boiler .. 91.5 pph ‡ ...... 345 pp h‡ ...... PM standard under 40 CFR part 63, subpart DDDDD as revised.‡ * The EPA approved this BART limit in the March 12, 2012 final action (77 FR 14604). ** This BART limit established in the FIP will be replaced with the State’s own identical limit pending final approval of the August 8, 2018 Ar- kansas Regional Haze SO2 and PM SIP revision. See the EPA’s proposed approval on November 30, 2018 (83 FR 62204). *** Note that we previously withdrew the 32.2 pph NOX limit from the FIP and approved Arkansas’ reliance upon CSAPR to satisfy NOX BART (83 FR 5927). However, ADEQ’s identification of the Auxiliary Boiler as participating in CSAPR for O3 season NOX was in error. Therefore, we proposed to withdraw our prior approved determination of the State’s reliance upon CSAPR and replace it with 32.2 pph NOX to satisfy NOX BART for the auxiliary boiler in our proposed approval of the Arkansas Regional Haze SO2 and PM SIP revision. See the EPA’s proposed ap- proval of the Arkansas Regional Haze SO2 and PM SIP revision on November 30, 2018 (83 FR 62204). † This is a new revised BART limit proposed in the August 8, 2018 Arkansas Regional Haze SO2 and PM SIP revision. See the EPA’s pro- posed approval on November 30, 2018 (83 FR 62204). ‡ The EPA established this FIP BART limit on September 27, 2016. See final action (81 FR 66332) as corrected on October 4, 2016 (81 FR 68319). a The EPA approved this BART alternative in the February 12, 2018 Arkansas Regional Haze NOX SIP Revision final action (83 FR 5927). b There is an enforceable ban (not a current BART Determination) by the State on burning fuel oil for Lake Catherine’s unit 4 boiler until the EPA approves a SIP revision with BART determinations for the fuel oil firing scenario.

53 2. Reasonable Progress Source Controls target pollutants. In December 2008, contribute to O3 and PM2.5 pollution in the D.C. Circuit remanded CAIR to the other states. The rule requires In the Arkansas Regional Haze NO X EPA, leaving existing CAIR programs in reductions in O season NO emissions SIP revision and the Arkansas Regional 3 X place while directing the EPA to replace that cross state lines for certain states Haze SO and PM SIP revision, ADEQ 2 them with a new rule.54 Although CAIR under the O requirements, and evaluated the need for additional source 3 was remanded, CAIR remained in effect reductions in annual SO and NO controls under the reasonable progress 2 X at the time of the progress report’s emissions for certain states under the requirements. In determining reasonable development and sources in Arkansas PM2.5 requirements. The EPA set progress, CAA section 169(A)(g)(1) continued to comply with the state and requires states to examine the cost of emission budgets for each state covered federal requirements associated with by CSAPR. Allowances are allocated to compliance, the time necessary for CAIR. CAIR consisted of two phases of compliance, energy and non-air quality affected sources based on these state reductions for NOX and SO2. Phase I ran emission budgets.58 environmental impacts, and remaining from 2009 to 2014 and Arkansas’ NO useful life. In the Arkansas Regional X Since promulgating the use of CSAPR budget amounted to 11,514 tons NOX Haze NOX SIP revision, the State per annual O season. Phase II begun in as an alternative to source-specific 3 determined that no additional NOX 2015 and was set to continue BART for EGUs, the EPA has controls beyond participation in CSAPR promulgated an update to the CSAPR indefinitely with Arkansas’ NOX budget for O3 season NOX were necessary to program with more stringent budgets.59 set at 9,116 tons NOX per annual O3 satisfy the reasonable progress season. Table 2.3 of the progress report The CSAPR update revised the O3 requirement with respect to NOX for the season NOX budget for Arkansas EGUs 49 shows the NOX O3 season allocations first implementation period. As distributed among the different from 15,110 tons NOX in 2015 to 12,048 discussed in Section II of our proposed Arkansas sources for the 2009 to 2017 tons NOX (10,132 tons NOX allocated to action on the Arkansas Regional Haze time-period. existing EGUs) in 2017 with a further SO2 and PM SIP revision, ADEQ In 2011, the EPA finalized CSAPR to reduction to 9,210 tons NOX (7,781 tons determined that no additional SO and 2 replace CAIR.55 In 2012, the EPA NOX allocated to existing EGUs) in 2018 PM controls at Independence Units 1 published a final rule allowing states and beyond.60 Participation in CSAPR and 2 or any other Arkansas sources are that participate in the CSAPR trading necessary under reasonable progress for 58 The rule provides flexibility to affected sources, 50 program to rely on CSAPR to satisfy the first implementation period. BART for EGUs,56 including states allowing sources in each state to determine their 57 own compliance path. This includes adding or 3. CAIR and CSAPR participating only for O3 season NOX. operating control technologies, upgrading or CSAPR requires 28 eastern states to improving controls, switching fuels, and using 51 In 2005, the EPA issued CAIR, reduce power plant emissions that allowances. Sources can buy and sell allowances which participating states could rely on and bank (save) allowances for future use as long 52 as each source holds enough allowances to account in lieu of BART for EGUs. CAIR was 53 Although Arkansas was subject to certain NO designed to address power plant X for its emissions by the end of the compliance requirements of CAIR, including the statewide O3 period. pollution transported from one state to season NOX budget, it elected not to rely on CAIR 59 See 81 FR 74504. On October 26, 2016, we another via a cap-and-trade system to in its 2008 Arkansas Regional Haze SIP to satisfy finalized an update to CSAPR that addresses the the NOX BART requirement for its EGUs. Note that reduce SO2 and NOX emissions as the 1997 O3 NAAQS portion of the remand as well as it would have been sufficient for Arkansas to rely the CAA requirements addressing interstate on CAIR to satisfy NOX BART. transport for the 2008 O3 NAAQS. 49 54 The EPA approved this in the February 12, North Carolina v. EPA, 531 F.3d 896, 901 (D.C. 60 CSAPR has been subject to extensive litigation, 2018 Arkansas Regional Haze NOX SIP Revision Cir. 2008), modified, 550 F.3d 1176, 1178 (D.C. Cir. and on July 28, 2015, the D.C. Circuit issued a final action (83 FR 5927). 2008). decision generally upholding CSAPR but 50 See the EPA’s proposed approval of the 55 See 76 FR 48207 (August 8, 2011). remanding without vacating the CSAPR emissions 56 Arkansas Regional Haze SO2 and PM SIP revision See 77 FR 33642 (June 7, 2012). budgets for a number of states. Arkansas’ O3 season 57 on November 30, 2018 (83 FR 62204). Arkansas EGUs are covered under CSAPR for NOX budgets were not included in the remand. EME 51 See 70 FR 25161 (May 12, 2005). O3 season NOX. See 76 FR 82219 (December 30, Homer City Generation v. EPA, 795 F.3d 118, 138 52 See 70 FR 39104, 39139 (July 6, 2005). 2011). (D.C. Cir. 2015).

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66 for O3 season NOX is federally and SO2 emissions, however, were • Tier 2 Vehicle Emission enforceable under 40 CFR 52.38. reported lower at 1,741 tpy and 3,303 standards.72 On February 12, 2018, we approved tpy, respectively. In addition, sixteen • Heavy-Duty Highway Rule.73 • the Arkansas Regional Haze NOX SIP PSD facilities have shut down since Highway Diesel and Non-Road revision (effective March 14, 2018) 2008, resulting in a total reduction of Diesel Rules.74 which replaced all source-specific NO • Ultra-Low Sulfur Diesel Rule.75 X 15,893 tpy in permitted NOX emissions • BART determinations for EGUs and a total reduction of 1,126 tpy in Maximum Achievable Control 76 67 Technology (MACT). established in the FIP with reliance permitted SO2 emissions. upon the CSAPR emissions trading 5. Agriculture and Forestry Smoke 7. EPA’s Conclusion on the Status of program for O3 season NOX as an 68 Implementation of Measures alternative to NO BART.61 The O Management X 3 The EPA proposes to find that the season NOX requirements under CSAPR The progress report mentioned that apply to all subject-to-BART units in State has adequately addressed the the State is currently relying on a Smoke applicable provisions under 40 CFR Table 1 of this proposed action except Management Plan (SMP) in its 2008 the Domtar No. 1 and 2 Power Boilers, 51.308(g) regarding reporting the status Arkansas Regional Haze SIP that the of implementation of measures in its and the White Bluff Auxiliary Boiler. Arkansas Forestry Commission The Arkansas Regional Haze NO SIP implementation plan. The State’s X approved in 2007. Arkansas’ SMP was progress report documented the status revision addressed the NOX BART designed to assure that prescribed fires requirements for Bailey Unit 1, of all measures included in its regional are planned and executed in a manner haze SIP (as of the submission of the McClellan Unit 1, Flint Creek Boiler No. designed to minimize the impacts from 1, Lake Catherine Unit 4; White Bluff progress report) and it also described smoke produced by prescribed fires. additional measures that came into Units 1 and 2, and the Auxiliary Boiler. The programs in this measure are In that SIP submittal, ADEQ erroneously effect since the State’s 2008 regional generally designed to limit increases in haze SIP was completed, including state identified White Bluff’s Auxiliary Boiler emissions, rather than to reduce existing as participating in CSAPR for O season regulations and various federal 3 emissions.69 measures. All major control measures NOX and elected to rely on participation in that trading program to satisfy the 6. Additional Federal Programs 70 were identified and the strategy behind Auxiliary Boiler’s NO BART each control was explained. The State X The State of Arkansas also considered included a summary of the requirements. Although we approved in its progress report the following the SIP submittal on February 12, implementation status associated with 62 ongoing pollution control programs in each measure and quantified the 2018, our approval of the State’s the 2008 Arkansas Regional Haze SIP as benefits where possible. In addition, the reliance on CSAPR for O3 season NOX controls used for continuing emission to satisfy the BART requirements for the progress report SIP adequately outlined reductions: the compliance timeframe for all Auxiliary Boiler was made in error. • Therefore, we proposed to withdraw our Mercury and Air Toxics Standard controls. 71 approval of the State’s reliance upon (MATS). 72 EPA’s Tier 2 fleet averaging program for on- CSAPR for the Auxiliary Boiler and road vehicles, modeled after the California LEV 66 As reported by the facilities in their Annual replace it with our approval of a source- (Low Emissions Vehicle) II standards, became Emissions Inventory Report for 2012. specific 32.2 pph NOX BART emission 67 effective in the 2005 model year. The mix of See Tables 2.4 through 2.6 of the progress vehicles a manufacturer sells each year must have limit related to the Arkansas Regional report. average NOX emissions below a specified value. 68 Haze SO2 and PM SIP submitted on 40 CFR 51.308(d)(3)(v)(E) requires Arkansas to 73 63 The Heavy-Duty Highway Rule was adopted on November 30, 2018. consider smoke management techniques for the January 18, 2001, by EPA with the objective of purposes of agricultural and forestry management. reducing emissions from diesel engines by setting 4. Source Retirement and Replacement 69 Documentation of this SMP program is in a PM emission standard for new heavy-duty Schedules Appendix 11.1 of the 2008 Arkansas Regional Haze engines, which took effect with the 2007 model SIP or a copy may be found at http://forestry. In accordance with Subchapter year. The rule also required reduction of sulfur in arkansas.gov/Services/KidsTeachersEveryone/ diesel fuel to facilitate the use of modern pollution 11.4.1.6 of the 2008 Arkansas Regional Documents/ArkansasVSMG.pdf. control technology on these engines. Haze SIP, ADEQ tracked source 70 40 CFR 51.308(d)(3)(v)(A) requires the State of 74 These rules were initially effective in 2004 and retirement and replacement through Arkansas to consider emission reductions from were fully phased in by 2012. The non-road diesel ongoing point source inventories.64 65 ongoing pollution control programs in the rule set standards that reduced emissions by more development of its long-term strategy. than 90 percent from non-road diesel equipment The progress report showed that ADEQ 71 See 77 FR 9304 (February 16, 2012). Arkansas and, beginning in 2007, the rule reduced fuel sulfur has performed this tracking. Five new anticipated that reductions in SO2 emissions from levels by 99 percent from previous levels. The permitted Prevention of Significant the State’s coal-fired EGUs would occur as a result reduction in fuel sulfur levels applied to most non- Deterioration (PSD) facilities were of the MATS rule. This rule allowed for the road diesel fuel in 2010 and applied to fuel used inventoried and the new corresponding installation of pollution control equipment to meet in locomotives and marine vessels in 2012. requirements under 40 CFR part 63, subpart 75 The Ultra-Low Sulfur Diesel Rule resulted in total potential-to-emit (PTE) emissions UUUUU—National Emission Standards for better PM control from diesel engines. The EPA for NOX and SO2 were reported at 5,833 Hazardous Air Pollutants: Coal- and Oil-Fired regulations required that at least 80 percent of tpy and 7,374 tpy. The total actual NOX Electric Utility Steam Generating Units. At the time highway diesel fuel in the United States be ULSD, the progress report was submitted, Flint Creek and by 2010, all highway diesel fuel became ULSD. planned to install a particular type of dry scrubber The EPA also required a major reduction in the 61 See 82 FR 42627 (September 11, 2017) for the that controls SO2 and other acid gases called Novel sulfur content of diesel fuel intended for use in proposed approval. See also 83 FR 5927 and 83 FR Integrated Deacidification (NID) technology and locomotive, marine, and non-road engines and 5915 (February 12, 2018) for the final action. Activated Carbon Injection (ACI) to comply with equipment including construction, agricultural, 62 See 83 FR 5927 (February 12, 2018). MATS. Since that time, Flint Creek did install the industrial, and airport equipment. 63 See the EPA’s proposed approval on November NID system on boiler unit 1. Because the scrubber 76 The MACT standards are part of the National 30, 2018 (83 FR 62204). system also meets the qualifications as being a Emission Standards for Hazardous Air Pollutants 64 40 CFR 51.308(d)(3)(v)(D) requires the State of BART control, the State is complying with the more (NESHAP), provided under 40 CFR part 63. See 76 Arkansas to consider source retirement and stringent SO2 BART requirements included in the FR 64186, 64198 and 70 FR 39162. CENRAP replacement schedules in developing RPGs. FIP and is meeting both rules using the same modeling demonstrated that VOCs from 65 40 CFR 51.308(d)(3)(v)(B) requires the State of controls. The SO2 BART emission rate, therefore, anthropogenic sources are not significant visibility- Arkansas to consider measures to mitigate the was set at 0.06 lb/MMBtu based on the installation impairing pollutants at Caney Creek and Upper impacts of construction activities. and operation of the NID technology. Buffalo.

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C. Emission Reductions From sources in Arkansas due to projected annual SO2 emissions to Implementation of Measures implementation of BART limits when increase by an additional 125 tpy and The State presented emission data in the progress report was submitted. annual NOX emissions to decrease by an its progress report that provided a Nevertheless, the overall EGU emissions additional 10,167 tpy in 2018 from 2011 summary of the emission trends and trended downward from the baseline for observed emissions.83 The more recent reductions achieved in the state through NOX, with a slight uptick in 2011 for emission data, however, shows a large the implementation of the measures in SO2 emissions. Arkansas noted that as decrease in SO2 emissions from EGUs. the SIP. The State identified ammonium of 2011, EGU emissions increased by Specifically, from 2014 to 2015, there sulfate, particulate organic matter, and 2,885 tpy for SO2 and decreased by was a 30,354 tpy decrease in SO2 nitrate as the three largest pollutant 3,741 tpy for NOX from the 2002 emissions and a 14,783 tpy decrease in contributors to visibility impairment baseline. During the 2002 to 2011 time- NOX emissions. This corresponds to a caused by regional haze at Arkansas’ span, on a heat input basis, both NOX decline in EGU activity as noted by the Class I areas for the first implementation and SO2 EGU emission rates (lb/ decrease in heat input in 2015. EGU period.77 The progress report indicated MMBtu) decreased. This indicates that activity has since increased from 2015 that the primary cause of ammonium the overall average control efficiencies to 2017, but the emissions remain well sulfate, the most significant haze improved and the slight SO2 emissions below 2014 emission levels. Overall, contributor in Arkansas, is SO2 uptick was a result of increased EGU from the 2002 to 2017, SO2 emissions precursor emissions. In 2011, point activity.80 from EGUs have reduced by 22,969 tpy sources contributed to 90 percent of the Table 3 below, provided by the EPA (increased 2,885 tpy from 2002 to 2011, overall SO2 emissions in Arkansas with to complement the State’s report, then decreased 25,854 tpy from 2011 to EGUs responsible for 78 percent of the compares more recent emission trends 2017) and NOX emissions have reduced 78 81 total SO2 emissions. For this reason, going past 2011. It compares the 2002 by 14,579 tpy (decreased 3,741 tpy from the State focused on reporting emission to 2011 annual EGU emission trends 2002 to 2011, then decreased an reductions from EGU point sources in provided by the State in the progress additional 10,838 tpy from 2011 to the progress report as an effective report to more recent annual EGU 2017). The State’s progress report method of improving visibility in emission data provided by the EPA from mentioned that further significant 82 Arkansas. 2012 to 2017. Table 3 shows that NOX emission reductions would be realized The State reported EGU point source and SO2 EGU point source emissions from a final permit that was issued on emission data from Arkansas for NOX have decreased during the 2011 to 2017 August 25, 2013, at Flint Creek for the and SO2 for the 2000 to 2011 time- time-period. Comparing 2011 emissions installation and operation of control 79 period. There were not any emission to the 2018 projected emissions equipment to significantly reduce SO2 reductions from subject-to-BART developed for the 2008 SIP, the State emissions.84

TABLE 3—ANNUAL NOX AND SO2 EMISSIONS FROM EGU POINT SOURCES IN ARKANSAS

NOX SO2 Heat input NOX emission rate SO2 emission rate Year (tpy) (tpy) (MMBtu) (lb/MMBtu) (lb/MMBtu)

2002 ...... 42,079 70,738 303,031,688 0.278 0.467 2005 ...... 35,333 66,190 305,909,694 0.231 0.433 2008 ...... 37,800 73,289 339,622,527 0.223 0.432 2011 ...... 38,338 73,623 411,725,177 0.186 0.358 2012 * ...... 34,847 76,326 440,336,753 0.158 0.347 2013 * ...... 37,148 73,578 427,915,347 0.174 0.344 2014 * ...... 38,396 75,898 410,742,039 0.187 0.370 2015 * ...... 23,613 45,544 337,259,867 0.140 0.270 2016 * ...... 26,892 46,573 382,621,452 0.141 0.243 2017 * ...... 27,500 47,769 391,814,298 0.140 0.244 * Provided by the EPA from the EIS Gateway database.

Table 4, provided by the EPA, in the progress report from 2002 to coarse mass PM emission reductions are compares National Emissions Inventory 2011. It also provides reported considerably lower than their NEI 2002 (NEI) data for total point sources from emissions data from more current NEI totals when compared to more recent 86 2002 to 2014. This complements the versions than available when the NEI data. PM10 point source emissions 85 categorized NEI point source data (EGU progress report was submitted in 2015. decreased by 6,427 tpy (39%) and PM2.5 and non-EGU) inventoried by the State Table 4 shows that fine particle and point source emissions decreased by

77 See Figures 2.1 and 2.2 from the 2015 regional 81 Source: U.S. EPA Clean Air Market Division 0.06 lb/MMBtu, achievable by the equipment haze progress report (page 17). The percent www.epa.gov/airmarkt/. installed to meet MATS. The SIP revision requires 82 contributions (2007–2011) of the major haze Source: U.S. EPA Clean Air Market Division compliance with the 0.06 lb/MMBtu SO2 emission pollutant contributors for Caney Creek and Upper www.epa.gov/airmarkt/. limit by ‘‘the effective date of the Administrative Buffalo are as follows: (65% and 56%) sulfate, (11% 83 See Page 37 of the progress report. Order,’’ which requires compliance by August 7, and 16%) nitrate, (15% and 18%) particulate 84 See ADEQ Air Permit No. 027–AOP–R6 (AFIN 2018. organic matter, 10% attributed to both sites for 04–00107). This permit allowed for the installation 85 The State noted that NEI emissions data for coarse mass, EC, and soil. of pollution control equipment under the MATS 78 2011 in the progress report was obtained from 2011 See the Arkansas progress report (page 18). rule with an SO2 emission limit of 0.2 lb/MMBtu, 79 See Table 3.1 in the Arkansas progress report and a compliance date of April 16, 2016. Since the NEI version 1. (page 35). issuance of that permit, ADEQ has submitted the 86 As reported in the online EPA Emissions 80 See Figure 3.2 in the Arkansas progress report Arkansas Regional Haze SO2 and PM SIP revision, Inventory System (EIS) Gateway database for point (page 38). which establishes an SO2 BART emission limit of sources only.

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5,600 tpy (49%) for the 2002 to 2014 are not especially pronounced for that data going forward after 2014 will period. NOX emissions stayed relatively time-period, the total point source reflect the substantial decreases in PM, steady at 71,000 tpy and SO2 emissions emission trends are consistent with SO2, and NOX emissions as already decreased slightly by 4.6 percent for the what is shown in Table 3 for EGU point displayed in the EGU point source 2002 to 2014 period. Although the sources from 2002 to 2014. We reductions reported by CAMD data in reductions in SO2 and NOX emissions anticipate that the total NEI point source Table 3. TABLE 4—NEI TOTAL POINT SOURCE EMISSION DATA FOR ARKANSAS FOR 2002–2014

NOX SO2 PM10 PM2.5 Year (tpy) (tpy) (tpy) (tpy)

2002 ...... 70,726 89,870 16,318 11,536 2005 ...... 59,431 75,483 8,532 6,105 2008 ...... 75,045 87,308 11,060 7,671 2011 ...... 71,402 84,922 10,451 6,782 2014 ...... 71,588 85,714 9,891 5,936

In addition to the above reductions, Lastly, recent and planned emissions, pollutants that directly create there will also be some additional future retirements of various plants may result haze, have been decreasing since 2002. reductions due to more stringent CSAPR in further visibility improvement at Overall visibility conditions are allocations and BART requirements Arkansas Class I areas. In the Arkansas improving as a result of these reductions implemented from the recent Arkansas Regional Haze SO2 and PM SIP revision, together with decreases from outside of Regional Haze SO2 and PM SIP revision. ADEQ noted the planned retirement of the state. With the implementation of The CSAPR update revised the O3 Lake Catherine by the end of 2028 and the new BART controls and more season NOX budget for Arkansas units Entergy’s plans to cease coal stringent NOX allocations under CSAPR, from 15,110 tons NOX in 2015 to 12,048 combustion at the Independence facility further emission reductions should be tons NOX (10,132 tons NOX allocated to by the end of 2030. ADEQ also noted realized and visibility impairment at existing EGUs) in 2017 with a further that there have been recent changes in affected Class I areas should continue to reduction to 9,210 tons NOX (7,781 tons operations at large point sources that improve. NOX allocated to existing EGUs) in 2018 have historically impacted Arkansas and beyond. The 2017 actual O3 season Class I areas, including the recent D. Visibility Conditions and Changes EGU emissions for Arkansas totaled retirement of the Big Brown Plant, Arkansas included in its progress 12,811 tons NOX. Some EGUs chose to Sandow Plant, Monticello Plant, and the install combustion controls to comply Deely Plant in Texas. The coal-fired report the annual average visibility from with CSAPR that would reduce units at the Tennessee Valley Authority 2001 to 2011 for the twenty percent best (least impaired) and twenty percent emissions year-round, not just in the O3 Allen Plant, located in Memphis, season. This includes the installation of Tennessee, were also scheduled to retire worst (most impaired) days at Caney Creek and Upper Buffalo Wilderness low NOX burners at the White Bluff and by June 2018 and be replaced with 88 Independence facilities. The 2018 actual natural gas generators. areas. Although visibility conditions have varied from year-to-year, the O3 season EGU emissions for Arkansas The EPA proposes to conclude that 87 totaled 10,952 tons NOX. the State has adequately addressed the progress report showed that both Caney The State noted that, along with the applicable provisions under 40 CFR Creek and Upper Buffalo have displayed replacement of CAIR with CSAPR, there 51.308(g) regarding a summary of an overall improvement in visibility have been many changes to the ongoing emission reductions achieved for since 2001.89 Arkansas reported that air pollution programs since EPA’s visibility impairing pollutants. Overall, both areas showed improved visibility partial approval of Arkansas’ regional the State demonstrated the emission from the 2000 to 2004 baseline during haze SIP in 2012. These changes reductions achieved for the major the worst days for the most current included more stringent emission contributing visibility impairing period (2007 to 2011) and for the period standards, renewable fuel standards, pollutants in the State for the first previous to the most current (2005 to fuel efficiency standards, marine and implementation period. Emissions of 2009) available at the time of the 90 aircraft standards, mercury and air SO2, NOX, and PM, the main progress report’s development. Both toxics standards, and various national contributors to regional haze in Class I class I areas similarly are showing emission standards for hazardous air areas potentially affected by emissions improvement from the baseline on the pollution. Arkansas noted that these from Arkansas, have all been twenty percent best days and satisfy the more recent air pollution programs are decreasing. As demonstrated by the goal of no visibility degradation for the anticipated to result in even greater more recent available data, the SO2 and first implementation period. Table 5 emission reductions that could result in NOX haze pollutant precursors from shows that the visibilities at Caney further visibility improvement than the EGU point sources in the state have Creek and Upper Buffalo during the programs in place at the time the 2008 decreased from the baseline levels in 2007 to 2011 period were 0.96 dv and Arkansas Regional Haze SIP revision 2002, especially since 2015. Also, the 0.67 dv below the baseline for the was submitted to the EPA. trend for fine particles and coarse mass twenty percent best days.

87 Source: U.S. EPA Clean Air Market Division 40 CFR 51.301). In this report, when we refer to during the 2000 to 2004 time-period. ‘‘Current www.epa.gov/airmarkt/. ‘‘best days’’ we mean ‘‘least impaired’’ and when visibility conditions’’ refers to the most recent five- 88 The most and least impaired days in the we refer to ‘‘worst days’’ we mean ‘‘most impaired.’’ year average data available at the time the State regional haze rule refers to the average visibility 89 See Figures 4.1 to 4.2 and Tables 4.1 to 4.2 of submitted its progress report for public review. impairment (measured in dv) for the twenty percent the progress report (pages 41–43). ‘‘Past five years’’ refers to the five-year average 90 of monitored days in a calendar year with the Progress reports for the first implementation previous to the five years used for ‘‘current visibility highest and lowest amount of visibility impairment, period used specific terms to describe time-periods. conditions.’’ respectively, averaged over a five-year period (see ‘‘Baseline visibility conditions’’ refers to conditions

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TABLE 5—VISIBILITY AT ARKANSAS CLASS I AREAS FOR THE TWENTY PERCENT BEST DAYS [Five-Year Average]

Baseline (2005–2009) (2007–2011) Most recent Class I area (2000–2004) minus baseline (dv) (dv) (dv) (dv)

Caney Creek Wilderness ...... 11.39 11.06 10.43 ¥0.96 Upper Buffalo Wilderness ...... 11.71 11.85 11.04 ¥0.67 * A negative sign indicates a reduction from the baseline.

In the State’s August 8, 2018 RPGs for the twenty percent worst days exhibit a consistent downward trend in submittal (Arkansas Regional Haze SO2 in our November 30, 2018 proposed the observations. When comparing the and PM SIP), the State’s 2018 RPGs from approval action.93 The Arkansas revised 2018 RPGs with the observed the 2008 Arkansas Regional Haze SIP for Regional Haze SO2 and PM SIP five-year visibility trends, Caney Creek Caney Creek and Upper Buffalo were submittal did not revise the RPG for the and Upper Buffalo are already realizing revised downward to 22.47 dv and twenty percent best days that was more visibility improvement than 22.51 dv for the twenty percent worst included in the 2008 Arkansas Regional needed to meet the revised 2018 RPGs. 91 days. These revised RPGs are more Haze SIP. Most recently, the visibility conditions stringent than what was established in Table 6 provides more recent at Caney Creek and Upper Buffalo the 2008 Arkansas Regional Haze SIP monitored visibility data presented by during the 2012 to 2016 period were and account for the controls required in the State in the August 8, 2018 SIP 1.83 dv and 1.95 dv below the 2018 the Arkansas Regional Haze SO and PM revision for the twenty percent worst 2 revised RPGs. SIP submittal.92 We proposed to agree days at Caney Creek and Upper Buffalo with the State’s newly revised 2018 Wilderness areas.94 The observed values TABLE 6—VISIBILITY AT ARKANSAS CLASS I AREAS FOR THE TWENTY PERCENT WORST DAYS [Five-Year Average]

Baseline (2005–2009) (2007–2011) (2009–2013) (2012–2016) 2018 Class I area (2000–2004) Revised RPGs (dv) (dv) (dv) (dv) (dv) (dv)

Caney Creek Wilderness ...... 26.36 25.33 23.00 22.22 20.64 22.47 Upper Buffalo Wilderness...... 26.27 25.86 24.15 22.15 20.56 22.51

The EPA proposes to conclude that least impaired days since 2001. Based anthropogenic source groupings. The the State has adequately addressed the on the five-year rolling averages, both anthropogenic source categorization applicable provisions under 40 CFR wilderness areas have already exceeded included point and non-point EGUs; on 51.308(g) with respect to visibility the amount of visibility improvement and non-road mobile sources; area conditions at Arkansas’ Class I areas. needed to meet the more stringent sources; fugitive and road dust; fire, and The State provided five-year average revised 2018 RPGs for the twenty agricultural/biogenic sources. The 2008 baseline visibility conditions from 2000 percent worst days. Analysis of the and 2011 NEI inventories were the most to 2004, the five-year average visibility visibility data from Caney Creek and recent comprehensive inventories of conditions from 2007 to 2011, and the Upper Buffalo Wilderness areas also updated actual emissions available at five-year average visibility conditions shows that the goal of no visibility the time the State prepared its progress for 2005 to 2009. The State calculated degradation on the twenty percent best report. The State, therefore, emphasized days has been achieved. the change in visibility between the those NEI inventories in the progress baseline average and the most recent E. Emission Tracking report and then compared the five-year average available (2007 to categorized inventory changes from 2011). The results were tabulated for the In its progress report, ADEQ 2011 to the 2002 baseline emissions.95 twenty percent worst and best days and presented categorized NEI emission then compared to the 2018 RPGs to inventories for 2002, 2005, 2008, and A summary of the total state NEI determine the amount of visibility 2011, as well as CENRAP projected emissions from the progress report can improvement achieved. Caney Creek inventories for 2018. The pollutants be seen below in Table 7 along with and Upper Buffalo Wilderness areas inventoried included SO2, NOX, NH3, more recent complementary data from have both demonstrated improved VOC, PM2.5, and PM10. The inventories 2014 provided by the EPA to show visibility for the most impaired and were categorized for all major visibility- emission trends going past 2011. impairing pollutants under major

91 See spreadsheet, sip-rev-rpg-calcs.xlsx, 93 See the EPA’s proposed approval on November 95 See Table 5.1 (page 46–47) of the progress provided at https://www.adeq.state.ar.us/air/ 30, 2018 (83 FR 62204). report. planning/sip/regional-haze.aspx. 94 See spreadsheet, visibility-progress.xlsx, 92 See page 54 of the Arkansas Regional Haze SO2 provided at https://www.adeq.state.ar.us/air/ and PM SIP revision. planning/sip/regional-haze.aspx.

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TABLE 7—COMPARISON OF TOTAL STATE NEI EMISSIONS [tpy]

Year SO2 NOX NH3 VOC PM2.5 PM10

2002 ...... 126,707 239,487 124,297 228,032 62,505 243,372 2005 ...... 126,707 239,487 134,156 312,648 108,362 296,149 2008 ...... 94,113 247,734 131,710 1,427,040 124,829 443,213 2011 ...... 95,123 260,737 132,940 1,643,979 144,191 467,527 2014 * ...... 91,033 212,638 76,114 1,625,837 119,957 369,682 * Provided by the EPA from the EIS gateway database.

The NEI emissions increased from when the baseline projections were emissions had a big impact on visibility 97 2002 to 2011 except for SO2 emissions. developed in 2002. The State also impairing pollutants in 2011, there was The State explained in the progress observed that NOX and PM2.5 emissions a major improvement in 2014 indicated report that the total SO2 emissions trended downward in the point EGU by reductions of all pollutants except 98 decreased as a result of phasing in low category between 2002 and 2011. NH3, especially PM and VOC emissions. The updated 2014 NEI data in table 7 sulfur (500 ppm) Ultra-Low Sulfur PM10, PM2.5, and VOC emissions from Diesel fuels for nonroad, locomotive, shows that the total state emissions fire showed large reductions of 26,678 and marine engines beginning in 2007. decreased from 2011 for all of the tpy, 22,058 tpy, and 49,182 tpy visibility impairing pollutants except The emission increase for the remaining respectively. Likewise, road dust VOCs, which slightly increased.99 The pollutants in table 7 was due to an previously impacted PM levels in 2011 source categories in table 8 below emission rise in 2011 that happened (provided by the EPA) are the driving but showed substantial reductions of across the board. Fires were the primary factors causing the total NEI emission 105,187 tpy PM10 and 11,448 tpy PM2.5 cause of the emission increase for SO2, decreases from 2011 to 2014.100 When in 2014. Point sources had increases of PM2.5, PM10, and NH3, but road dust also comparing the individual categories, NOX, SO2, NH3, and VOC emissions but impacted PM during that time. Area agricultural/biogenic and area source they netted out due to overall net sources were the chief contributor to emissions account for the majority of decreases from the other source NOX increases and agricultural sources emission increases from 2011 to 2014 categories. Lastly, mobile emissions contributed the most to VOC emission with small increases also resulting from reduced for every pollutant except a increases in 2011.96 The State believes fugitive dust and point sources. Those small inconsequential non-road mobile that much of the increases for NOX, increases are offset, though, by large increase for NH3. NOX and VOC PM10, and PM2.5 may have been due to reductions in the rest of the categories, exhibited the most mobile emission the use of newer modeling resulting in overall net decreases of all reductions of 15,124 tpy NOX and 8,397 methodologies that were not available pollutant emissions. Although fire tpy VOC. TABLE 8—2014 EMISSION DATA (tpy) AND THE CATEGORY CHANGES SINCE 2011 FOR ARKANSAS

Category NOX SO2 PM10 PM2.5 NH3 VOC

Agricultural/Biogenic ...... 18,588 (¥6,744) .. 0 ...... 153,477 (+17,805) ... 30,009 (+2,875) .... 58,981 (¥58,976) 1,342,516 (¥119,084) Area 101 ...... 15,472 (¥14,701) 321 (¥1,684) ...... 26,423 (+15,513) ..... 16,455 (+8,428) .... 905 (+479) ...... 69,117 (¥10,484) Fires ...... 8,743 (¥5,897) .... 4,624 (¥2,946) .... 59,755 (¥26,678) ... 50,198 (¥22,058) 13,094 (+824) ...... 133,197 (¥49,182) Fugitive Dust ...... 0 ...... 0 ...... 17,143 (+1,953) ...... 1,714 (+195) ...... 0 ...... 0 Road Dust ...... 0 ...... 0 ...... 97,066 (¥105,187) 11,373 (¥11,448) 0 ...... 0 Non-road Mobile ...... 18,819 (¥3,337) .. 41 (¥16) ...... 1,926 (¥391) ...... 1,835 (¥376) ...... 28 (+1) ...... 23,204 (¥6,161) On-road Mobile ...... 79,428 (¥11,787) 333 (¥27) ...... 4,001 (¥970) ...... 2,436 (¥545) ...... 1,235 (¥72) ...... 33,171 (¥2,236) Point Sources ...... 71,588 (+186) ...... 85,714 (+792) ...... 9,891 (¥560) ...... 5,936 (¥846) ...... 1,871 (+610) ...... 24,632 (+1,821)

Total Emission Change .. ¥42,279 ...... ¥3,881 ...... ¥98,515 ...... ¥23,775 ...... ¥57,134 ...... ¥185,326 * The numbers in parentheses indicate an increase (+) or decrease (¥) in emissions from 2011.

The EPA proposes to conclude that emission inventory and the results show analysis provides the most recent period the State has adequately addressed the that the emissions from SO2, NOX, and for which data was available in practical applicable provisions under 40 CFR PM, the main contributors of regional terms (2008 to 2011) from when the 51.308(g). The State tracked changes in haze in Arkansas, have all decreased State submitted its regional haze SIP.102 emissions by category across the entire since the 2008 SIP submittal. The The EPA provided an additional update

96 101 See Table 5.1 of the progress report (page 46 NOX emissions for on-road mobile sources. See Page 45 of the progress report. to 47). Modeling figures for fires also accounted for a major 102 While ideally the five-year period to be 97 See page 47 of progress report. Emission portion of the estimated emission increase for PM2.5 analyzed for emission inventory changes is the from 2008 to 2011. changes were seen in the on-road mobile source time-period since the current regional haze SIP was 98 See Table 5.4 of the progress report (Page 51). inventory between 2008 and 2011 as a result of the submitted, there is an inevitable time lag in 99 See 70 FR 39162. VOC emissions did increase transition from EPA’s MOBILE6 model to the Motor developing and reporting complete emissions Vehicle Emission Simulator (MOVES) model for since 2008, but CENRAP modeling demonstrated inventories once quality-assured emissions data estimation of emissions. Increases in on-road that VOCs are not significant contributors to becomes available. Therefore, there is some mobile source PM10 and PM2.5 emissions have been visibility impairment at Caney Creek and Upper documented as part of the new model’s estimation Buffalo Wilderness areas. flexibility in the five-year time-period that states methodology. The transition to MOVES model 100 As reported in the online EPA Emissions can select. estimation methodology also resulted in increased Inventory System (EIS) Gateway database.

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with 2014 NEI data to complement the discussed in section II.G of this action. Sources in Arkansas also impact State’s report. These data indicate that No significant changes in emissions Hercules Glades and Mingo Wilderness overall emissions of all visibility have limited or impeded progress in Class I areas in Missouri. Arkansas impairing pollutants have reduced from improving visibility. The EPA proposes stated in its progress report that the 2011 to 2014. SO2, NOX, and PM to conclude that the State has 2018 RPGs for Missouri’s Class I areas emissions have continued to show a adequately addressed the applicable would be met, but it did not restate downward trend since the 2008 provisions under 40 CFR 51.308(g) those 2018 RPGs or compare them to the 103 submittal. As discussed in section regarding assessing any changes that available monitored data. Recent II.C. in this proposed rulemaking, more could impede visibility progress. information for these areas, however, recent available data shows that SO 2 complements the State’s analysis and and NO emissions from EGU point G. Assessment of Current Strategy To X shows that Missouri is indeed currently sources in the state have decreased from Meet RPGs on track to achieve its 2018 RPGs for the baseline levels in 2002, especially In its progress report, the State since 2015. The EPA concludes that the Hercules Glades and Mingo assessed the strategies in the 2008 Wilderness.109 The 2012 to 2016 five- State presented an adequate analysis Arkansas Regional Haze SIP based upon year rolling average of observed tracking emission trends for the key projected emissions and modeling visibility impairment for the twenty visibility impairing pollutants across results. The State determined that the percent haziest days at Hercules Glades Arkansas. strategies were sufficient to enable Arkansas and other states with Class I Wilderness Area is 20.72 dv (2.34 dv F. Assessment of Changes Impeding below Missouri’s 2018 RPG). The 2012 Visibility Progress areas affected by emissions from Arkansas to meet all established RPGs. to 2016 five year-rolling average of The State indicated in the progress The evaluation set forth by the State in observed visibility impairment for the report 104 that there were no significant the progress report for the Class I areas twenty percent haziest days at Mingo changes in anthropogenic emissions that in Arkansas was based on the RPGs Wilderness Area is 22.34 dv (1.37 dv limited or impeded progress in reducing established in the 2008 Arkansas below Missouri’s 2018 RPG goal). pollutant emissions and improving Regional Haze SIP that were Arkansas concluded that the visibility visibility as contemplated by the 2008 disapproved in the 2012 action. improvement observed at the IMPROVE Arkansas Regional Haze SIP. The State’s As part of the 2018 Arkansas Regional monitors indicates that sources in Class I areas showed overall downward Arkansas are not interfering with the Haze SO2 and PM SIP revision, trends in visibility impairment. The achievement of Missouri’s 2018 RPGs State’s current analysis of emission Arkansas reevaluated its RPGs and long- for Hercules Glades and Mingo reductions and categorized inventories term strategy. The 2008 SIP RPGs for the Wilderness Areas. Therefore, we are presented in the progress report, along twenty percent worst days were recently with more recent emission data replaced by the State with new revised proposing to find that Arkansas’ evaluated by the EPA in this action (see RPGs 106 defined in the Arkansas implementation plan is sufficient to sections II.C and II.E), show that no Regional Haze SO2 and PM SIP ensure that other states’ visibility RPGs significant changes in emissions within revision.107 The 2018 RPGs for Caney for the first planning period for their the state are occurring to impede Creek and Upper Buffalo were revised respective Class I areas are being met. visibility improvement or adversely slightly downward from the 2008 SIP The EPA proposes to conclude that affecting the two Class I areas in RPGs to 22.47 dv and 22.51 dv for the the State has adequately addressed the Arkansas. There are also no significant twenty percent worst days. The revised applicable provisions under 40 CFR emission changes from sources outside 2018 RPGs were estimated based on 51.308(g) to assess the current strategy 2 of Arkansas that are adversely affecting scaling Arkansas SO4 and NO3 to meet RPGs. The State has assessed Arkansas’ Class I areas. Through point source impacts from CENRAP’s the implementation plan in place at the consultation with adjacent states, it was 2018 CAMx modeling results by the time the progress report was submitted,

determined and agreed upon that change in emissions of NOx and SO2 and we find that the implementation due to revised regional haze SIP additional emission reductions from plan as it currently exists is sufficient to controls required by the end of 2018. other states are not necessary to address enable the state of Arkansas and other visibility impairment at Caney Creek The State made updates to reflect the nearby states to meet their RPGs. The and Upper Buffalo Wilderness areas for most recent three years of data (2014 to realized and planned controls and the first implementation period.105 The 2016) for emissions and heat inputs that reductions that form the current strategy participating states also determined were used for Arkansas EGUs. before the 2008 SIP submittal through Currently, both Caney Creek and Upper for this first implementation period are regional modeling that Missouri’s Class Buffalo Wilderness areas are achieving sufficient to meet the revised RPGs as I areas were expected to be on course to greater visibility improvement than the established in the Arkansas Regional meet their respective 2018 RPGs. The revised 2018 RPGs.108 Based on Haze SO2 and PM SIP revision. Both current data confirms the projected available monitored data, the current Class I areas in Arkansas are currently trend and shows that all Class I areas visibility trendlines are below their meeting the revised 2018 RPGs for the within and outside the state impacted respective 2018 RPGs from the baseline twenty percent worst days. Visibility by Arkansas emissions are now conditions and visibility is continuing data from Caney Creek and Upper currently meeting their RPGs for the to improve. Buffalo Wilderness areas also show that first implementation period as the goal of no visibility degradation for 106 See the sip-rev-rpg-calcs.xlsx spreadsheet at the twenty percent best days is being 103 See 70 FR 39162. VOC emissions did increase https://www.adeq.state.ar.us/air/planning/sip/ achieved. Missouri’s two Class I areas since 2008, but CENRAP modeling demonstrated regional-haze.aspx. are also on track to achieve their that VOCs are not significant contributors to 107 See page 48 of the Arkansas Regional Haze visibility reduction goals. visibility impairment at Caney Creek and Upper SO2 and PM SIP revision. Buffalo Wilderness areas. 108 See Figures 11 and 12 on pages 50 to 52 of 104 109 See Page 54 of the progress report. the Arkansas Regional Haze SO2 and PM SIP See Visibility Progress_Update_2016.xlsx in 105 See 76 FR 64196. revision. the docket of this action.

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H. Review of Visibility Monitoring I. Determination of Adequacy of NOX emission reductions relied upon by Strategy Existing Implementation Plan Arkansas and other states in setting their RPGs, the EPA is proposing to The monitoring strategy for regional Arkansas noted that it was committed to correcting the portions of the 2008 approve Arkansas’ finding that there is haze in Arkansas relies upon no need for revision of the existing participation in the IMPROVE 110 Arkansas Regional Haze SIP that were disapproved by the EPA and provided a implementation plan to achieve the network, which is the primary RPGs for the Class I areas in Arkansas negative declaration stating that no monitoring network for regional haze and in nearby states impacted by additional controls were necessary Arkansas sources. We, therefore, nationwide. The IMPROVE network during the first implementation propose to approve Arkansas’ negative provides a long-term record for tracking period.112 Since the progress report’s declaration under 40 CFR 51.308(h) that visibility improvement or degradation. submission in 2015, the EPA no additional controls are needed. Arkansas currently relies on data promulgated a FIP and the State collected through the IMPROVE subsequently submitted two SIP J. Consultation With Federal Land network to satisfy the regional haze revisions to fulfill its commitment to Managers monitoring requirement as specified in address the disapproved portions The Regional Haze Rule requires the 40 CFR 51.308(d)(4) of the Regional identified in the 2012 action (the 2017 State to provide the designated Federal Haze Rule. Arkansas Regional Haze NOX SIP Land Managers (FLMs) with an In its progress report, Arkansas revision and the 2018 Arkansas opportunity for in-person consultation summarized the existing IMPROVE Regional Haze SO2 and PM SIP at least sixty days prior to holding any monitoring network and its intended revision).113 When considering the new public hearings on a SIP revision for the continued reliance on IMPROVE for SIP requirements; the SIP requirements first implementation period. Arkansas visibility planning. In Arkansas, there that we proposed for approval; the invited the FLMs to comment on its are two IMPROVE sites. The first remaining FIP elements; the visibility draft progress report on April 25, 2014, IMPROVE site is located in Polk County and emission information provided in for a sixty-day comment period ending the progress report; and the more recent at the Ouachita National Forest and June 24, 2014, that was extended until data evaluated by the EPA; it is clear represents the 14,460 acres of the Caney June 27, 2014, per FLM request. The that the implementation plan is Creek Wilderness. The second FLM’s comments and Arkansas’ adequate to meet its emission responses are presented in Appendix A IMPROVE site is located in Newton reductions and visibility goals for the County at the Ozark National Forest and of the progress report. ADEQ also first implementation period. Current engaged in multiple conference calls represents the 11,801 acres of the Upper visibility conditions in Arkansas have arranged by CenSARA for the central Buffalo Wilderness area, including the improved beyond the more stringent states with the designated FLMs which original Wilderness and the additions to 2018 RPGs that were introduced in the took place on February 27, 2012, April it.111 Arkansas is committed to meeting 2018 Arkansas Regional Haze SO2 and 30, 2013, July 30, 2013, August 13, the requirements under 40 CFR PM SIP revision. Visibility has also 2013, and September 12, 2013. The EPA 51.308(d)(4)(iv), and reports annually to improved at both Missouri Class I areas proposes to conclude that Arkansas has the EPA visibility data for each of affected by Arkansas sources. Lastly, the adequately addressed the applicable Arkansas’ Class I areas. For the progress updated emission trends show that SO2, FLM provisions under 40 CFR 51.308(i). report, Arkansas has evaluated its NOX, and PM emissions (the main monitoring network and found that contributors to regional haze in III. The EPA’s Proposed Action there have not been any changes from Arkansas) have all been decreasing. The The EPA is proposing to approve the the 2008 Arkansas Regional Haze SIP Arkansas Regional Haze NOX SIP State of Arkansas’ regional haze five- network. Arkansas reaffirmed its revision,114 the Arkansas Regional Haze year progress report SIP revision continued reliance upon the IMPROVE SO2 and PM SIP revision (if EPA’s (submitted June 2, 2015) as meeting the monitoring network. Arkansas also proposed approval is finalized),115 and applicable regional haze requirements explained the importance of the the remaining part of the FIP that set forth in 40 CFR 51.308(g). The EPA IMPROVE monitoring network for addresses the BART and associated is also proposing to approve the State of tracking visibility trends at its Class I long-term strategy requirements for Arkansas’ determination of adequacy areas and identified no expected Domtar together fully address the under 40 CFR 51.308(h) that no changes in this network. The EPA deficiencies of the 2008 Arkansas additional controls are needed. Lastly, proposes to conclude that the State has Regional Haze SIP. Because the SIP and the EPA is proposing to find that the adequately addressed the applicable FIP will ensure the control of SO2 and State of Arkansas fulfilled its provision under 40 CFR 51.308 for a requirement in 40 CFR 51.308(i) 112 Specifically, the EPA disapproved certain regarding state coordination with FLMs. visibility monitoring strategy. BART compliance dates; the State’s identification of certain BART-eligible sources and subject-to-BART IV. Statutory and Executive Order 110 See 64 FR 35715 (July 1, 1999). Data from sources; certain BART determinations for NOX, SO2, Reviews IMPROVE show that visibility impairment caused and PM; the reasonable progress analysis and RPGs; by air pollution occurs virtually all the time at most and a portion of the long-term strategy. The Under the CAA, the Administrator is national parks and wilderness areas. The average remaining provisions of the 2008 Arkansas Regional required to approve a SIP submission visual range in many Class I areas (i.e., national Haze SIP were approved. that complies with the provisions of the 113 parks and memorial parks, wilderness areas, and See final action approved on February 12, Act and applicable Federal regulations. international parks meeting certain size criteria) in 2018 for the Arkansas Regional Haze NOX SIP the western United States is 100–150 km, or about revision (83 FR 5927) and the EPA’s proposed 42 U.S.C. 7410(k); 40 CFR 52.02(a). one-half to two-thirds of the visual range that would approval on November 30, 2018 for the Arkansas Thus, in reviewing SIP submissions, the exist without anthropogenic air pollution. In most Regional Haze SO2 and PM SIP revision (83 FR EPA’s role is to approve state choices, of the eastern Class I areas of the United States, the 62204). provided that they meet the criteria of average visual range is less than 30 km, or about 114 Final action approved on February 12, 2018 one-fifth of the visual range that would exist under (83 FR 5927). the CAA. Accordingly, this action estimated natural conditions. 115 Proposed approval on November 30, 2018 (83 merely proposes to approve state law as 111 See Table 8.1 in the progress report (page 63). FR 62204). meeting Federal requirements and does

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not impose additional requirements matter, Reporting and recordkeeping other file sharing systems). For beyond those imposed by state law. For requirements, Regional haze, Sulfur additional submission methods, please that reason, this action: dioxide, Visibility, Volatile organic contact Bill Deese, 214–665–7253, • Is not a ‘‘significant regulatory compounds. [email protected]. For the full EPA action’’ subject to review by the Office Authority: 42 U.S.C. 7401 et seq. public comment policy, information of Management and Budget under about CBI or multimedia submissions, Executive Orders 12866 (58 FR 51735, Dated: March 21, 2019. and general guidance on making October 4, 1993), 13563 (76 FR 3821, Anne Idsal, effective comments, please visit https:// January 21, 2011); Regional Administrator, Region 6. www.epa.gov/dockets/commenting-epa- • Is not an Executive Order 13771 (82 [FR Doc. 2019–05861 Filed 3–27–19; 8:45 am] dockets. FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P Docket: The index to the docket for action because SIP approvals are this action is available electronically at exempted under Executive Order 12866; www.regulations.gov and in hard copy • Does not impose an information ENVIRONMENTAL PROTECTION at the EPA Region 6, 1445 Ross Avenue, collection burden under the provisions AGENCY Suite 700, Dallas, Texas. While all of the Paperwork Reduction Act (44 documents in the docket are listed in 40 CFR Part 52 U.S.C. 3501 et seq.); the index, some information may be • Is certified as not having a [EPA–R06–OAR–2016–0619; FRL–9990–53– publicly available only at the hard copy significant economic impact on a Region 6] location (e.g., copyrighted material), and substantial number of small entities some may not be publicly available at under the Regulatory Flexibility Act (5 Air Plan Approval; Oklahoma; Regional either location (e.g., CBI). U.S.C. 601 et seq.); Haze Five-Year Progress Report FOR FURTHER INFORMATION CONTACT: • Does not contain any unfunded AGENCY: Environmental Protection Clovis Steib, (214) 665–7566, mandate or significantly or uniquely Agency (EPA). [email protected]. To inspect the affect small governments, as described hard copy materials, please schedule an in the Unfunded Mandates Reform Act ACTION: Proposed rule. appointment with Mr. Bill Deese at 214– of 1995 (Pub. L. 104–4); • SUMMARY: Pursuant to the Federal Clean 665–7253. Does not have federalism Air Act (CAA or the Act), the implications as specified in Executive SUPPLEMENTARY INFORMATION: Environmental Protection Agency (EPA) Throughout this document wherever Order 13132 (64 FR 43255, August 10, is proposing to approve a revision to a 1999); ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ each mean the • State Implementation Plan (SIP) EPA. Is not an economically significant submitted by the Governor through the regulatory action based on health or Oklahoma Department of Environmental I. Background safety risks subject to Executive Order Quality (ODEQ) on September 28, 2016. A. Oklahoma’s Regional Haze SIP 13045 (62 FR 19885, April 23, 1997); The SIP revision addresses requirements • Is not a significant regulatory action of federal regulations that direct the In section 169A of the 1977 CAA subject to Executive Order 13211 (66 FR State to submit a periodic report Amendments, Congress created a 28355, May 22, 2001); describing progress toward reasonable program for protecting visibility in the • Is not subject to requirements of progress goals (RPGs) established for nation’s national parks and wilderness section 12(d) of the National regional haze and a determination of the areas. This section of the CAA Technology Transfer and Advancement adequacy of the existing establishes as a national goal the Act of 1995 (15 U.S.C. 272 note) because implementation plan. prevention of any future, and the application of those requirements would DATES: Written comments must be remedying of any existing, visibility be inconsistent with the CAA; and impairment in mandatory Class I • Does not provide EPA with the received on or before April 29, 2019. ADDRESSES: Submit comments, Federal areas where impairment results discretionary authority to address, as from manmade air pollution.1 Congress appropriate, disproportionate human identified by Docket No. EPA–R06– OAR–2016–0619, at https:// added section 169B to the CAA in 1990 health or environmental effects, using that added visibility protection practicable and legally permissible www.regulations.gov or via email to [email protected]. Follow the online provisions, and the EPA promulgated methods, under Executive Order 12898 final regulations addressing regional (59 FR 7629, February 16, 1994).In instructions for submitting comments. Once submitted, comments cannot be haze as part of the 1999 Regional Haze addition, the SIP is not approved to Rule, which was most recently updated apply on any Indian reservation land or edited or removed from Regulations.gov. in any other area where EPA or an The EPA may publish any comment 1 Mandatory Class I Federal areas consist of Indian tribe has demonstrated that a received to its public docket. Do not national parks exceeding 6,000 acres, wilderness tribe has jurisdiction. In those areas of submit any information electronically areas and national memorial parks exceeding 5,000 Indian country, the proposed rule does that is considered Confidential Business acres, and all international parks that were in not have tribal implications and will not Information (CBI) or any other existence on August 7, 1977. The EPA, in consultation with the Department of Interior, impose substantial direct costs on tribal information whose disclosure is promulgated a list of 156 areas where visibility was governments or preempt tribal law as restricted by statute. Multimedia identified as an important value. The extent of a specified by Executive Order 13175 (65 submissions (audio, video, etc.) must be mandatory Class I area includes subsequent changes FR 67249, November 9, 2000). accompanied by a written comment. in boundaries, such as park expansions. Although The written comment is considered the states and tribes may designate additional areas as List of Subjects in 40 CFR Part 52 Class I, the requirements of the visibility program official comment and should include all set forth in the CAA applies only to ‘‘mandatory Environmental protection, Air discussion of all points you wish to Class I Federal areas.’’ Each mandatory Class I pollution control, Best Available make. The EPA will generally not Federal area is the responsibility of a ‘‘Federal Land Manager.’’ When the term ‘‘Class I area’’ is used in Retrofit Technology, Incorporation by consider comments or comment this action, it means ‘‘mandatory Class I Federal reference, Intergovernmental relations, contents located outside of the primary areas.’’ [See 44 FR 69122, November 30, 1979 and Nitrogen oxide, Ozone, Particulate submission (i.e. on the web, cloud, or CAA Sections 162(a), 169A, and 302(i)].

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in 2017.2 The Regional Haze Rule limited by the impact of out-of-state action on Oklahoma’s RPGs for WMWA, revised the existing 1980 visibility emission sources. pending its evaluation of impacts of out- regulations and established a more The 2010 Regional Haze SIP evaluated of-state emission sources. numerous sources for applicability of comprehensive visibility protection On March 7, 2014, EPA published a BART. Oklahoma relied on BART program for Class I areas. The document 7 in the Federal Register requirements for emissions of sulfur requirements for regional haze, found at approving Oklahoma’s 2013 SIP 40 CFR 51.308 and 51.309, are included dioxide (SO2) and nitrogen oxides (NOX) revision 8 submitted to address certain in the EPA’s broader visibility from certain electric generating units disapproved portions of the Regional protection regulations at 40 CFR 51.300 (EGUs) in the State in its regional haze Haze SIP related to the BART through 309. The regional haze plan to meet certain requirements of regulations require states to demonstrate EPA’s Regional Haze Rule. This reliance determination for two coal-fired units reasonable progress toward meeting the was consistent with EPA’s regulations at located at American Electric Power/ national goal of a return to natural the time that Oklahoma developed its Public Service Company of Oklahoma’s visibility conditions for mandatory regional haze plan. EPA approved core (AEP/PSO’s) Northeastern Power Class I Federal areas both within and elements of Oklahoma’s Regional Haze Station in Rogers County, Oklahoma. A outside states by 2064. The requirement SIP, including BART determinations for separate document, published to submit a regional haze SIP revision at the majority of emissions units that simultaneously,9 withdrew the EPA- periodic intervals applies to all 50 were subject to BART. Those issued FIP as it relates to the states, the District of Columbia, and the determinations became effective on Northeastern Power Station facility. The Virgin Islands. Oklahoma submitted its January 27, 2012 (76 FR 81728, approved revision also satisfied the initial regional haze SIP on February 18, December 28, 2011). However, EPA previously disapproved portions of 2010. disapproved ODEQ’s BART Oklahoma’s Interstate Transport SIP and Oklahoma’s 2010 Regional Haze SIP determinations for SO2 emissions from the Regional Haze SIP’s LTS, as those included calculations of baseline and six-coal-fired EGUs located at three portions relate to the subject facility. natural visibility conditions for the facilities. As a result, EPA issued a The FIP still applies (unaltered) to the Wichita Mountains Wilderness Area federal implementation plan (FIP), four affected units at the Muskogee and 3 (‘‘Wichita Mountains’’ or WMWA), the promulgating revised SO2 BART Sooner Generating Stations. only Class I area located in Oklahoma emission limits on coal-fired EGUs at On December 16, 2014, EPA (and potentially affected Class I areas those three facilities.5 The FIP affects published a proposed action on the final located elsewhere), a long-term strategy two units at each of two facilities owned portion of Oklahoma’s 2010 Regional to address regional haze visibility and operated by Oklahoma Gas and Haze SIP and on regional haze impairment, RPGs for the WMWA Electric Company (OG&E): Muskogee obligations for Texas.10 As mentioned reflective of the visibility conditions Generating Station in Muskogee County, previously, Oklahoma’s 2010 SIP projected to be achieved by the end of and Sooner Generating Station in Noble concluded that visibility progress at the the first implementation period, and a County. The FIP also initially applied to monitoring and reporting strategy. The WMWA would be limited by the impact two units at American Electric Power/ of out-of-state emission sources; and 2010 Regional Haze SIP also included Public Service Company of Oklahoma’s determinations of emission limitations documented that a significant portion of (AEP/PSO’s) Northeastern Power the visibility impairment at the WMWA and schedules for compliance for a Station in Rogers County, but those group of Oklahoma industrial air results from emissions generated in requirements have since been removed Texas. emissions sources that are subject to from the FIP after EPA approval of a SIP best available retrofit technology revision addressing these units. Given the magnitude of these (BART) 4 under national Regional Haze In the December 2011 action, EPA interstate impacts, EPA determined that Program requirements. Oklahoma’s also disapproved the State’s LTS for the Oklahoma and Texas regional haze Regional Haze SIP purports that regional haze because the LTS relied on SIPs were interconnected, especially visibility improvement at the WMWA is the BART limits in the disapproved considering the relationship between determinations. EPA also disapproved upwind and downwind states in the 2 See the July 1, 1999 Regional Haze Rule final portions of Oklahoma’s Interstate reasonable progress and long-term action (64 FR 35714), as amended on July 6, 2005 strategy provisions of the Regional Haze (70 FR 39156), October 13, 2006 (71 FR 60631), June Transport SIP for the 1997 8-hour 7, 2012 (77 FR 33656) and on January 10, 2017 (84 Ozone and 1997 PM2.5 National Rule. On January 5, 2016, EPA issued a FR 3079). Ambient Air Quality Standards final action 11 for Texas and Oklahoma 3 WMWA is contained within the Wichita (submitted to address the requirements which: Mountains National Wildlife Refuge and is managed by the U.S. Fish and Wildlife Service. The of CAA section 110(a)(2)(D)(i)(II) as it • Disapproved portions of Texas’s Refuge is located in Comanche County adjacent to applies to visibility, also known as implementation plan for regional haze Fort Sill Military Reservation, a U.S. Army training ‘‘prong 4’’). Specifically, this related to the effects of its emissions at base. The city of Lawton is the closest population disapproval found that the SIP submittal center and is located 22 miles southeast of the the WMWA and other Class I areas; had not prevented SO emissions from Refuge. 2 • Disapproved a portion of 4 the above-mentioned units from Section 169A of the CAA directs states to Oklahoma’s regional haze SIP revision, evaluate the use of retrofit controls at certain larger, interfering with measures required to be the reasonable progress goals at the often under-controlled, older stationary sources in included in the applicable order to address visibility impacts from these sources. Specifically, section 169A(b)(2)(A) of the implementation plans of other states to protect visibility. Subsequently, EPA 7 See 79 FR 12944. CAA requires states to revise their SIPs to contain 8 such measures as may be necessary to make Oklahoma’s Proposed Regional Haze promulgated the aforementioned FIP, to Implementation Plan Revision submitted on March reasonable progress toward the natural visibility address these deficiencies.6 EPA took no goal by controlling emissions of pollutants that 20, 2013; available in Docket No. EPA–R06–OAR– contribute to visibility impairment, including a 2013–0227. requirement that certain categories of existing major 5 See 76 FR 81728 (December 28, 2011), codified 9 See 79 FR 12954. stationary sources built between 1962 and 1977 at 40 CFR 52.1923. 10 See 79 FR 74818. procure, install, and operate the ‘‘Best Available 6 The final rule noted in 40 CFR 52.1928(c) that 11 See 81 FR 295 (January 5, 2016), codified at 40 Retrofit Technology’’ (BART). the FIP satisfied these deficiencies. CFR 52.2302.

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WMWA, and its reasonable progress visibility improvement that will result II. EPA’s Evaluation of Oklahoma’s consultation with Texas; 12 at the State’s Class I areas from changes Progress Report and Adequacy • Simultaneously promulgated a FIP in emissions—changes driven by the Determination for Texas, which required additional particular set of control measures the A. Regional Haze Progress Report reductions from eight coal-fired electric state has adopted in its regional haze power plants; and The progress report provides an • SIP to address visibility, as well as all Calculated new (numerical) other enforceable measures expected to opportunity for public input on the reasonable progress goals at the reduce emissions over the period of the State’s (and the EPA’s) assessment of WMWA. whether the regional haze SIP is being SIP. Given the forward-looking nature of EPA’s actions did not impose any implemented appropriately and whether RPGs and the range of assumptions that additional requirements on emission reasonable progress is being achieved must be made as to emissions a decade sources within Oklahoma. consistent with the projected visibility That rulemaking was challenged, or more in the future, we expect there improvement in the SIP. This section however, and then stayed in its entirety to be some uncertainty in a given State’s includes EPA’s analysis of Oklahoma’s 15 by the U.S. Court of Appeals for the visibility projections. 2016 progress report, and an Fifth Circuit pending resolution of the B. Oklahoma’s Regional Haze Progress explanation of the basis for the Agency’s litigation; in March 2017, following the Report proposed approval. submittal of a request by the EPA for a 1. Control Measures voluntary remand of the parts of the rule Each state is required to submit a under challenge, the Fifth Circuit Court progress report that evaluates progress In its progress report, Oklahoma of Appeals remanded the rule in its towards the RPGs for each Class I area summarizes the status of the emissions entirety.13 within the state and for each Class I area reduction measures that were relied EPA has not taken new action with outside the state which may be affected upon by Oklahoma in its regional haze respect to the RPGs for WMWA in by emissions from within the state. 40 plan. The major control measures Oklahoma. Ultimately, as discussed CFR 51.308(g). In addition, the identified by the State in the progress elsewhere in this action, whether it is provisions of 40 CFR 51.308(h) require report are as follows: the State’s RPGs established in the 2010 • Best Available Retrofit Technology RH SIP or the EPA’s revised RPGs in the states to submit, at the same time as the progress report, a determination of the (BART) Controls January 2016 action that are evaluated, • Oklahoma Control Measures from: our review of the State’s 2016 progress adequacy of the state’s existing regional 16 (1) Air Quality Permits report indicates that Oklahoma’s haze implementation plan. The (2) Prevention of Significant emission reductions and measured progress report for the first planning Deterioration visibility conditions are on track to meet period is due five years after submittal (3) Compliance and Enforcement those goals. of the initial regional haze SIP and must (4) Mobile Emissions As we state in the Regional Haze Rule, take the form of a SIP revision. (5) Cross-State Air Pollution the RPGs set by the state are not Oklahoma submitted its initial regional Regulations enforceable.14 The RPGs represent the haze SIP on February 18, 2010. (6) Other Measures State’s best estimate of the degree of • On September 28, 2016, Oklahoma Additional Air Pollution Emission submitted its progress report in the form Reductions 12 See 81 FR 313: ‘‘The Regional Haze Rule required that Oklahoma use the consultation of a SIP revision under 40 CFR 51.308, a. Best Available Retrofit Technology process under 40 CFR 51.308(d)(1)(iv) in the which, among other things, detailed the (BART) Controls development of reasonable progress goals in tandem progress made in the first planning with Texas. Nevertheless, throughout the On July 6, 2005, EPA published final consultations, Oklahoma failed to explicitly request period toward implementation of the amendments to its regional haze rule, that Texas further investigate whether reasonable long-term strategy (LTS) outlined in the which requires emission sources that fit controls were available or that Texas reduce State’s regional haze plan. The progress emissions from these significantly impacting specific criteria to install BART 17 sources to ensure that all reasonable measures to report also included the visibility controls. The 2010 regional haze SIP improve visibility were included in Texas’ long- improvement measured at the WMWA, originally determined that there were term strategy and incorporated into Oklahoma’s the only Class I area within Oklahoma, twenty facilities 18 in Oklahoma with reasonable progress goals for the Wichita 19 Mountains. This failure resulted in the an assessment of whether Class I areas BART-eligible sources. Oklahoma development of improper reasonable progress goals outside of the State are potentially determined six facilities with a for the Wichita Mountains.’’ impacted by emissions from Oklahoma, combined total of thirteen (now 13 Texas, et al v. EPA, et al, No. 16–60118 (March and a determination of the adequacy of twelve 20) units, were subject-to-BART 21 22, 2017). 14 See 64 FR 35733: ‘‘. . . the reasonable progress the existing implementation plan. 17 See 70 FR 39103 through 39172 (July 6, 2005). goal is a goal and not a mandatory standard which 18 must be achieved by a particular date as is the case See Table VI–1 of the 2010 regional haze SIP with the NAAQS. Once a State has adopted a (page 71). reasonable progress goal and determined what 19 BART-eligible sources are those sources that 15 progress will be made toward that goal over a 10- See 40 CFR 51.308(d)(1)(v). have the potential to emit 250 tons or more of year period, the goal itself is not enforceable. All 16 The Regional Haze Rule requires states to visibility-impairing pollutants, were put in place that is ‘enforceable’ is the set of control measures provide in the progress report an assessment of between August 7, 1962 and August 7, 1977, and which the State has adopted to meet that goal. If whether the current ‘‘implementation plan’’ is whose operations fall within one or more of 26 specifically listed source categories. the State’s strategies have been implemented but sufficient to enable the states to meet all established 20 the State has not met its reasonable progress goal, RPGs under 40 CFR 51.308(g). The term AEP/PSO’s Northeastern Power Station closed EGU#4 effective April 2016. the State could either: (1) revise its strategies in the ‘‘implementation plan’’ is defined for purposes of SIP for the next long-term strategy period to meet 21 Under the Regional Haze Rule, states are the Regional Haze Rule to mean any SIP, FIP, or its goal, or (2) revise the reasonable progress goals directed to conduct BART determinations for for the next implementation period. In either case, Tribal Implementation Plan. As such, the Agency ‘‘BART-eligible’’ sources that may be anticipated to the State would be required to base its decisions on may consider measures in any issued FIP as well cause or contribute to any visibility impairment in appropriate analyses of the statutory factors as those in a state’s regional haze plan in assessing a Class I area. Sources that are reasonably included in 40 CFR 51.308(d)(1)(i)(A) and (B) of the the adequacy of the ‘‘existing implementation plan’’ anticipated to cause or contribute to any visibility final rule.’’ under 40 CFR 51.308(g) and (h). Continued

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in the 2010 regional haze SIP.22 EPA Section 2.4 of the progress report units in Oklahoma following the approved Oklahoma’s identification of provides a discussion of BART various, aforementioned series of SIP BART-eligible sources and requirements and implementation revisions and FIPs along with their determination of subject-to-BART status. The current BART implementation status, are listed in sources in our 2011 final action.23 determinations for all subject-to-BART Table 1 below.

TABLE 1—CURRENT BART DETERMINATIONS

BART emission limits (in lb/MMBtu) a Facility Unit BART conditions SO2 NOX PM10

b OG&E Muskogee Gen- Unit 4—coal- 0.06 ...... 0.15 0.10 ...... Meet low NOX emission limits erating Station. fired. by 1/27/17 via installation of Unit 5—coal- low-NOX burners (LNB) fired with over-fire air (OFA). Completed installation of LNB for Unit 4 in June 2015; Unit 5 in December 2013. Meet lower PM emissions based on existing controls which included electro-stat- ic precipitators (ESP).c Units 4 and 5 are now planned to be converted over to natural gas in the Fall of 2018.d

OG&E Seminole Gener- Unit 1—natural Natural Gas as primary 0.203 Natural Gas as primary Meet low NOX emission limits ating Station e. gas-fired. fuel, no additional fuel, no additional by 1/27/17 via installation of Unit 2—natural control required for 0.212 control required for LNB with OFA and flue gas gas-fired BART. BART. recirculation (FGR). Unit 3—natural 0.164 Installation was completed on gas-fired 2 of the 3 units at the time of the progress report SIP submission (approximately May 2016 for Unit 1 and December 2015 for Unit 2) and the 3rd was completed in May 2017.f

b OG&E Sooner Gener- Unit 1—coal- 0.06 ...... 0.15 0.10 ...... Meet low NOX emission limits ating Station. fired. by 1/27/17 via installation of Unit 2—coal- LNB with OFA Completed fired installation of the LNB for Unit 1 in March 2014; Unit 2 in April 2013. Meet lower PM emissions based on existing controls which included ESP.g Meet lower SO2 emissions via installation of dry gas desulfurization to be in- stalled by 1/4/19 per the FIP. Construction of scrubber cur- rently ongoing for Unit 1. Unit 2 is scheduled to com- mence in Fall 2018.h

AEP/PSO Comanche Unit 1—natural Natural Gas as primary 0.15 Natural Gas as primary Meet low NOX emission limits Power Station e. gas-fired. fuel, no additional fuel, no additional by 1/27/17 via installation of Unit 2—natural control required for control required for LNB. Installation completed gas-fired BART. BART. (April 2016).i

impairment in a Class I area are determined to be identify the level of control representing BART after 22 See Table VI–4 of the 2010 regional haze SIP subject-to-BART. For each source subject to BART, considering the factors set out in CAA section (page 73) and Table 2.1 of the progress report. 40 CFR 51.308(e)(1)(ii)(A) requires that states 169A(g). 23 See 76 FR 81728 (December 28, 2011).

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TABLE 1—CURRENT BART DETERMINATIONS—Continued

BART emission limits (in lb/MMBtu) a Facility Unit BART conditions SO2 NOX PM10

AEP/PSO Northeastern Unit 2—natural Natural Gas as primary 0.28 Natural Gas as primary Meet low NOX emission limits Power Station ej. gas-fired. fuel, no additional fuel, no additional by 1/27/17 via installation of Unit 3—coal- control required for 0.15 control required for LNB with OFA Completed fired BART. BART. installation in March 2014.k Unit 4—coal- 0.40 0.10 Meet interim NOX and SO2 fired (Re- emission limits until 4/16/16 tired as of when one of the two units April 2016). would shut down (Unit 4 shut down on 4/16/16). Remaining unit (#3) must meet lower SO2 and NOX emission limits via installa- tion of LNB with OFA, and further control system tun- ing. Installation of the LNB was completed in April 2012; and modifications to install SO2 controls have not yet begun.h Remaining unit (#3) also must incrementally decrease ca- pacity utilization during the period from 2021 to 2026; and completely shut down by 12/31/2026.l

AEP/PSO Southwestern Unit 3—natural Natural Gas as primary 0.45 Natural Gas as primary Meet low NOX emission limits Power Station e. gas-fired. fuel, so no BART re- fuel, so no BART re- by 1/27/17 via installation of quirement for SO2 quirement for PM LNB with OFA Completed control systems. control systems. installation in May 2014.m a The facilities are currently operating under the federally-enforceable BART-subject emission limits set forth in 76 FR 81728, December 28, 2011, unless otherwise noted. b EPA disapproved Oklahoma’s SO2 BART determinations and issued a FIP covering the BART-subject units at the facility (40 CFR 52.1923 (2015)). Under this FIP, each unit must meet lower SO2 emission limits (0.06 lbs/MMBtu Boiler Operation Day) based on installation of emission controls, including dry flue gas desulfurization. Due to litigation over EPA’s decision, the deadline by which these units are required to meet their new SO2 emission limits contained in the FIP is January 4, 2019. c See page 12 of the progress report SIP. d See email response from ODEQ dated June 11, 2018 which has been included in docket for this proposed rulemaking: Units 4 and 5 were converted to natural gas in February 2017. e Natural gas units are considered ‘‘grandfathered’’ and currently do not have specific emission limits established in the current permit. The BART NOX and PM10 emission limits for each of the affected units are based on a 30-day rolling average in accordance with the federally-en- forceable BART subject emission limits. f See page 10 of the progress report SIP; and Email response from ODEQ dated June 11, 2018 which has been included in docket for this proposed rulemaking. g See page 11 of the progress report SIP. h See email response from ODEQ dated June 11, 2018 which has been included in docket for this proposed rulemaking. i See page 10 of the progress report SIP. j EPA disapproved Oklahoma’s SO2 BART determinations for Units 3 and 4 at the facility and issued a FIP covering these units. Subsequently, DEQ developed and submitted, and EPA approved, a revision to the Oklahoma regional haze SIP, which replaced the FIP as it related to EPA’s SO2 BART requirements for Units 3 and 4, as well as revised Oklahoma’s original NOX BART requirements for Units 3 and 4 (79 FR 12954, March 3,2014). k See page 12 of the progress report SIP. l See page 13 of the progress report SIP. m See pages 10–11 of the progress report SIP.

b. Other Oklahoma Control Measures • Operates a robust permitting • Addresses visibility impairment for program that addresses both major and new or modified major stationary In its original 2010 regional haze plan, minor source facilities. Regular sources via its Prevention of Significant ODEQ cited various air quality rules and inspections are performed so as to Deterioration (PSD) Requirements for programs as part of its long-term ensure compliance with all permit Attainment Areas permitting process.24 strategy for addressing the visibility requirements, applicable statutes, rules The PSD permitting rules limit the impairment at WMWA. These efforts and regulations. Additionally, ODEQ’s establishment of air pollution sources include comprehensive permitting, permitting program incorporates new which may contribute to visibility compliance and enforcement programs, source performance standards (NSPS) impairment and other air pollution an emissions inventory system, and a and national emission standards for problems. state-wide ambient air monitoring hazardous air pollutants (NESHAP) via network. its permitting, compliance, and The progress report states that ODEQ: enforcement programs. 24 OAC 252:100, Subchapter 8, Part 7.

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• Addresses violations of its air- which it contends will produce indirect and reductions due to controls. The related environmental rules by actively benefits for visibility. These include: State identified Sulfureous Particulate pursuing compliance and enforcement • Incorporation by reference of the (sulfate), Nitrate Particulate (nitrate), actions as appropriate in its ongoing latest changes and additions to the and Organic Carbonaceous Particulate efforts to preserve air quality in the state federal NSPSs and NESHAPs, (organic carbon (OC)) as the three largest and surrounding areas. In doing so, • Updates to minor-facility and contributors to visibility impairment at these actions also have the added effect major-source permitting requirements, Oklahoma’s WMWA Class I area 29 for of reducing emissions that contribute to and the first implementation period for visibility impairment at WMWA (and • Updates to OAC 252:100, regional haze. Many of the sources that other nearby mandatory Class I areas). Subchapter 31, Control of Emission of produce these visibility-impairing • Relies upon federal regulations on Sulfur Compounds. pollutants in Oklahoma are new motor vehicles to limit air pollutant Subsequently, since the anthropogenic in nature and are emissions from on-road mobile sources. aforementioned, additional existing controllable. In 2002, point sources These federal standards result in control measures also address some of emitted 87.5 percent of Oklahoma SO2 emission reductions of PM, O3 the same emissions that contribute to emissions and 31.6 percent of Oklahoma 30 precursors, and non-methane organic regional haze and visibility impairment NOX emissions. Emissions from compounds. The State anticipates that at Class I areas, they are anticipated to Oklahoma sources contributed to 13.25 based on historical trends, the slow have a positive effect on the visibility at percent of the overall visibility decline in motor-vehicle emissions are WMWA. impairment 31 in Oklahoma’s WMWA likely to continue in the future. Class I area. EGUs accounted for 65 • c. Additional Air Pollution Reductions Intends to consider any future percent of the total Oklahoma SO2 Cross-State Air Pollution Rule (CSAPR)- Nationally, there have been several emissions 32 and 17 percent of the total 25 regulatory and economic developments 33 related reductions and their effects in Oklahoma NOX emissions. any succeeding SIP revision for regional which resulted in reduced emissions of As part of the emission data haze. EPA’s ongoing updates to CSAPR visibility impairing pollutants since the submitted by the State, the State to address interstate transport for the preparation of the initial Oklahoma SIP reported point source emission data for 2008 ozone National Ambient Air revision for regional haze. In the NOX and SO2 for the 2002 baseline year Quality Standard (NAAQS) may lead to progress report SIP, ODEQ discusses the and 2011 (the latest official National additional reductions in emissions that anticipated benefit from efforts designed Emissions Inventory (NEI)-Oklahoma contribute to visibility impairment from to meet new NAAQS standards that emissions inventory data available at sources in Oklahoma, Texas, and have been established since the 2010 the time the progress report was various other upwind states. Regional Haze submittal. submitted).34 The data presented does • Adopted efforts to address Acknowledging the recent trend not reflect any emission reductions from controlled and open-burning practices towards the use of cleaner fuels for BART-eligible sources due to BART within the state: many industrial operations and limits, since the six required sources in Æ In 2013, Oklahoma adopted a particularly for EGUs, ODEQ’s progress question had yet to install their voluntary Smoke Management Plan report indicates that the resulting lower respective BART control measures (see 26 (SMP) to address agriculture and emissions, particularly of SO2, would Table 1 above). Additionally, the State forestry smoke.27 also equate to progress towards the goal provided projected emissions data for Æ ODEQ also revised its open-burning of natural visibility conditions at 2018. Overall point source emissions of 28 rules, restricting its use in certain WMWA. Additionally, ODEQ cited the NOX increased slightly from 2002 to land-clearing operations for several potential impacts of ongoing emissions 2011, while SO2 point source emissions metropolitan counties. reductions in multiple pollutants decreased by approximately 30,000 tons Additionally, the State has made resulting from the EPA’s 2013 mercury per year over the same period. EPA various other updates and modifications and air toxics standards (a.k.a. the reviewed additional, more recent EGU to its air quality rules and regulations, ‘‘MATS’’ rule), as further contributing to emissions data and, even without visibility improvement. ODEQ did not emission reductions from all BART 25 CSAPR, as originally promulgated, required 28 perform any technical analyses to limits, the available EGU emissions data eastern states to reduce power plant emissions that contribute to pollution from O3 and PM2.5 in other quantify the visibility benefits of these through 2017 show large reductions states. The rule requires reductions in O3 season developments in its progress report, from the 2002 baseline. NOX emissions that crossed state lines for states although it acknowledges that they Table 2 below, provided by the EPA under the O3 requirements, and reductions in likely contributed considerably to to evaluate EGU emissions post-2011, annual SO2 and NOX emissions for states under the shows that NOX and SO2 EGU point PM2.5 requirements. To assure emissions observed visibility improvement for the reductions, the EPA promulgated FIPs for each of state. source emissions have decreased during the states covered by the rule. The EPA set EPA proposes to find that Oklahoma the 2011 to 2017 time-period. In 2017, pollution limits (emission budget) for each state has adequately addressed the applicable the SO2 emissions were 50,270 tpy covered by CSAPR. Allowances are allocated to affected sources based on these state emission provisions under 40 CFR 51.308(g) lower than the 2011 annual levels while budgets. regarding the implementation status of 26 See the Oklahoma Smoke Management Plan control measures because the State 29 See Table 5–1 from the progress report SIP (February 28, 2013). Recognizing the benefits of adequately described the status of the (September 2016) and Table V–8 of the Regional prescribed and wildland fires to forest management, Haze State Implementation Plan (February 2010). wildlife management, and agriculture, the SMP was implementation of all measures 30 See Table IV–1 of the Regional Haze State developed by the Oklahoma Department of included in the implementation plan for Implementation Plan (February 2010). Agriculture, Food, and Forestry (ODAFF) and achieving reasonable progress goals for 31 See Table V–7 of the Regional Haze State ODEQ in cooperation with federal and private mandatory Class I Federal areas both Implementation Plan (February 2010). stakeholders in an effort to mitigate smoke within and outside the State. 32 See Table IV–3 of the Regional Haze State emissions from prescribed and wildland fires. Implementation Plan (February 2010). 27 40 CFR 51.308(d)(3)(v)(E) requires Oklahoma to 2. Emissions Reductions 33 See Table IV–5 of the Regional Haze State consider smoke management techniques for the Implementation Plan (February 2010). purposes of agricultural and forestry management. In its progress report, ODEQ presents 34 See Table 5–2 in the Oklahoma progress report 28 See OAC 252:100–13. emissions data showing emission trends (page 20).

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NOX emissions were 56,786 tpy lower. 73 percent reduction in NOX emissions have reduced by 60 percent and EGU These results represent an additional 54 from EGUs since 2011. Overall, from the NOX emissions have reduced by 75 percent reduction in SO2 emissions and 2002 baseline year, EGU SO2 emissions percent.

TABLE 2—ANNUAL NOX AND SO2 EMISSIONS FROM EGU POINT SOURCES IN OKLAHOMA *

NOX Emission SO2 Emission Year NOX SO2 Heat input rate rate (tons) (tons) (MMBtu) (lb/MMBtu) (lb/MMBtu)

2002 ...... 85,999 106,318 553,566,474 0.311 0.384 2003 ...... 86,502 109,803 574,470,072 0.301 0.382 2004 ...... 78,217 100,098 558,112,281 0.280 0.359 2005 ...... 85,019 103,985 606,763,914 0.280 0.343 2006 ...... 82,810 106,091 620,400,705 0.267 0.342 2007 ...... 76,529 100,111 622,537,676 0.246 0.322 2008 ...... 79,989 101,320 647,315,009 0.247 0.313 2009 ...... 73,357 95,307 626,058,610 0.234 0.304 2010 ...... 71,439 85,135 603,295,697 0.237 0.282 2011 ...... 77,983 92,351 628,579,599 0.248 0.294 2012 ...... 64,338 77,128 619,284,535 0.208 0.249 2013 ...... 49,178 74,632 558,628,131 0.176 0.267 2014 ...... 37,562 72,855 519,423,413 0.145 0.281 2015 ...... 28,097 61,971 531,490,156 0.106 0.233 2016 ...... 24,895 49,485 502,603,800 0.099 0.197 2017 ...... 21,197 42,081 430,070,391 0.099 0.196 * Source: U.S. EPA Clean Air Market Division www.epa.gov/airmarkt/.

A more-detailed breakdown of the The EPA’s NEI total point source data and SO2 point sources emissions are distribution of emission trends for each for Oklahoma in Table 3 shows that lower than the 2002 baseline emission contributing pollutant species from all reported PM emissions remained levels. sources can be seen in Section 4. relatively consistent from their NEI Emission Tracking, of this proposed baseline totals for the first action. implementation period. Total 2014 NOX

TABLE 3—NEI TOTAL POINT SOURCE EMISSION DATA FOR OKLAHOMA FOR 2002–2014 a

b NOX SO2 PM2.5 PM10 Year (tpy) (tpy) (tpy) (tpy)

2002 ...... 163,417 150,388 7,106 12,744 2005 ...... 100,681 113,344 3,551 7,044 2008 ...... 142,157 137,047 6,638 14,390 2011 ...... 161,396 118,921 7,557 13,736 2014 ...... 122,346 102,524 6,764 11,225 a As reported in the online EPA Emissions Inventory System (EIS) Gateway database for point sources only. b Comprehensive NEI data is generated every three years.

In addition to the above reductions, Oklahoma-based EGUs (OG&E’s lower CSAPR budgets have been fully ODEQ’s progress report mentions that it Muskogee and Sooner plants had until implemented, the SO2 and NOX haze anticipates some additional future January 2019 to complete their pollutant precursors from EGU point reductions in SO2 and NOX emissions installation of BART controls per the sources in the State have decreased from due to more stringent CSAPR budgets recent FIP) are also expected to result in the baseline levels in 2002. In addition, that apply to EGUs in Texas and most further haze-forming emissions with the promulgation of the CSAPR eastern states.35 These emissions reductions from within the State. Update in September of 2016, which included Oklahoma and Texas EGUs contribute to or are precursors for the The EPA proposes to conclude that within the ozone-season NO budget formation of sulfurous and nitrate PM, the State adequately addressed the X which together comprise the majority of trading program and applied in 20 other requirements under 40 CFR 51.308(g) eastern states, reduced NO emissions haze affecting the WMWA. Also, as with its summary of emission X mentioned earlier, BART controls at were required beginning in the 2017 reductions of visibility-impairing ozone season.36 pollutants. Overall, the State 35 Since the submission of Oklahoma’s Progress demonstrated the emission reductions 3. Visibility Conditions Report, the CSAPR SO2 budget for Texas has been achieved for visibility-impairing replaced by the Texas Intrastate Regional Haze Bart- In their progress report, ODEQ alternative SO2 trading program—EPA finalized its pollutants in the State for the first provides information on visibility determination that the intrastate trading program is implementation period. Emissions of conditions for the Class I area within an appropriate SO2 BART alternative for EGUs in SO2, NOX, and PM, the main Oklahoma’s borders. The progress report Texas (see 82 FR 48324 October 17, 2017 and 83 contributors to regional haze in FR 43586, August 27, 2018). Any additional future addressed current visibility conditions, reductions in SO2 attributed to Texas would be the Oklahoma, have all been decreasing. result of said trading program. Even before additional BART limits and 36 See 81 FR 74506 (October 26, 2016).

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the difference between current visibility impaired) days), and the change in for more recent five-year time periods conditions and baseline visibility visibility impairment. from the IMPROVE network’s conditions (expressed in terms of five- Oklahoma’s progress report provides monitoring data. Table 4, below, shows year averaged of these annual values, figures with visibility monitoring data the visibility conditions from 2002–16, with values for the haziest (i.e., most for WMWA. Additionally, EPA has compared to the natural/baseline impaired), and clearest (i.e., least obtained and examined visibility data visibility conditions in deciviews (dv).

TABLE 4—IMPROVE VISIBILITY TRENDS FOR THE WICHITA MOUNTAINS WIMO1 MONITOR *

Annual Natural Annual Natural average condition average condition Year haze index, haze index, haze index, haze index, haziest days haziest days clearest days clearest days (dv) (dv) (dv) (dv)

2002 ...... 23.6 ...... 9.8 ...... 2003 ...... 23.6 ...... 10 ...... 2004 ...... 24.2 ...... 9.6 ...... 2005 ...... 25.7 7.5 10.6 3 2006 ...... 21.8 ...... 9.7 ...... 2007 ...... 22.8 ...... 9.3 ...... 2008 ...... 21.6 ...... 9.8 ...... 2010 ...... 21.8 ...... 9.2 ...... 2011 ...... 22.9 ...... 10.3 ...... 2012 ...... 20.2 ...... 8.9 ...... 2013 ...... 20.3 ...... 8.4 ...... 2014 ...... 21.2 ...... 9.3 ...... 2015 ...... 18.8 ...... 8.5 ...... 2016 ...... 17.2 ...... 8.1 ...... * See the IMPROVE Visibility Trend Charts for the Wichita Mountains WIMO1 monitor: http://vista.cira.colostate.edu/Improve/aqrv-summaries/.

Although visibility conditions have Visibility conditions at WMWA had visibility improvements needed to meet varied from year to year, Table 6–8 of improved nearly enough to meet the the goal for the worst quintile days; and the progress report shows that WMWA RPG for 2018 for the best quintile of was close to meeting the goal for the has displayed an overall improvement days,39 with a five-year average of 9.25 best quintile days (9.25 versus 9.22 dv) in visibility since 2001. At the time the dv.40 as of 2013. progress report was produced, WMWA That being said, the 2010 Regional Haze SIP RPGs for the twenty percent IMPROVE’s data from 2001–16 showed improved visibility when demonstrates that visibility for the comparing the 2000 to 2004 baseline least impaired and most impaired days for WMWA were disapproved as part of haziest/worst days at the Wichita period to the 2009 to 2013 visibility the previously mentioned, EPA FIP of Mountains monitoring site has been period (the most recent five-year average 41 January 2016 and replaced with revised improving at a rate of 0.41 dv/year. presented in ODEQ’s progress report) RPGs developed by EPA. Though the The average visibility for WMWA on the during the most impaired days of the FIP was stayed at the time the State worst days has been below the 2018 first implementation period. The submitted the progress report SIP, the RPGs calculated by EPA since the 2009– progress report’s most recent five-year State included these revised RPGs (for 14 five-year period, as seen in Table 5. average of 21.25 dv 37 shows that as of 2018 standards) of 9.22 dv and 21.33 dv Most recently, the 2012–16 period 2013, WMWA met the 2010 regional for best and worst quintiles, showed the visibility at the Wichita haze SIP RPGs for the twenty percent respectively, in its progress report. Mountains to be 19.54 dv, 1.79 dv below most impaired days.38 The WMWA When comparing the 2018 RPGs the EPA calculated 2018 RPGs. We note Class I area also showed improvement calculated by EPA in its final action that the visibility conditions needed to from the 2000 to 2004 baseline on the with the observed five-year visibility meet the uniform rate of progress for twenty percent least impaired days for trends reported in the State’s progress 2018 is 20.01 dv for the twenty percent the first implementation period. report, WMWA has exceeded the most impaired days. TABLE 5—VISIBILITY CONDITIONS AT WMWA CLASS I AREA FOR THE TWENTY PERCENT WORST DAYS

Most recently Baseline a a a b b b 2018 FIP- available Class I area (2000–2004) (2007–2011) (2008–2012) (2009–2013) (2010–2014) (2011–2015) (2012–2016) revised RPGs data v. (dv) (dv) (dv) (dv) (dv) (dv) (dv) (dv) baseline data (dv)

Wichita Mountains Wilderness Area 23.83 22.26 21.61 21.25 21.28 20.68 19.54 21.33 ¥2.5

a 4-yr average b/c there was no available data for 2009. b Source: IMPROVE Visibility Trend monitoring data for Wichita Mountains.

37 See Table 6–8 on pages 27–28 of the progress 39 In the 2010 Regional Haze SIP, WMWA had a 41 Source: IMPROVE Visibility Trend monitoring report. RPG of 9.23 dv by 2018 for ‘‘best days’’ (page 104). data for Wichita Mountains: http://vista.cira. 38 In the 2010 Regional Haze SIP, WMWA had a See Table 6–8 (pages 27–28) and the chart on page colostate.edu/Improve/aqrv-summaries/. visibility impairment reduction goal of 2.33 dv (See 29 of the progress report. Table IX–3, pg. 107) to reach a RPG of 21.47 dv by 40 See Table 6–8 on pages 27–28 of the progress 2018 for ‘‘worst days’’ (See Table IX–4, pg. 109). report.

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IMPROVE’s clearest/best days visibility for WMWA on the clearest of period showed the best days’ visibility monitoring data from 2001 to 2016 days has been below the 2018 RPGs at the Wichita Mountains to be 0.58 dv indicates that the haze index values at calculated by EPA since the 2010 to below the 2018 RPGs. the WMWA monitor has been declining 2015 five-year period as seen in Table at a rate of 0.12 dv/year.42 The average 6. Most recently, the 2012 to 2016 TABLE 6—VISIBILITY CONDITIONS AT WMWA CLASS I AREA FOR THE TWENTY PERCENT BEST DAYS

Most recently Baseline a a a b b b 2018 FIP- available Class I area (2000–2004) (2007–2011) (2008–2012) (2009–2013) (2010–2014) (2011–2015) (2012–2016) revised RPGs data v. (dv) (dv) (dv) (dv) (dv) (dv) (dv) (dv) baseline data (dv)

Wichita Mountains Wilderness Area 9.92 9.80 9.65 9.25 9.22 9.08 8.64 9.22 ¥1.28 a 4-yr average b/c there was no available data for 2009. b Source: IMPROVE Visibility Trend monitoring data for Wichita Mountains.

EPA proposes to conclude that the 2002 baseline year and 2011, as well drought conditions which developed in Oklahoma has adequately addressed the as projected inventories for 2018.43 The late 2010 and intensified in 2011 for the applicable provisions under 40 CFR pollutants inventoried include SO2, WMWA. The three-month period of 51.308(g) regarding assessment of NOX, NH3, VOC, PM2.5 (i.e., fine June through August of 2011 ranked as visibility conditions because the State particulates), and PM10–PM2.5 (i.e., the ‘‘hottest [summer] ever recorded in provided baseline visibility conditions coarse particulates). The inventories any state.’’ 44 ODEQ asserts that the dry (2000 to 2004), current conditions based were categorized for all major visibility- conditions and intense heat resulted in on the most recently available visibility impairing pollutants under biogenic and an increase in coarse PM from the monitoring data available at the time of major anthropogenic source groupings. resulting dust storms.45 Total NO and progress report development, the X The anthropogenic source categorization SO emissions were reduced by 54,211 difference between these current sets of 2 included on and non-road mobile and 46,372 tpy, with the largest visibility conditions and baseline sources; point sources; and area sources. reductions of NOX being realized from visibility conditions, and the change in The 2011 NEI inventory was the latest visibility impairment from 2009–13. the on-road and non-road mobile comprehensive inventory available at sources categories; and two thirds of the The WMWA has shown improved the time the State prepared its progress SO2 reductions attributed to point visibility for the most impaired and report SIP revision in 2016. least impaired days since 2001 and is sources. 46 projected to continue to improve with Reductions in emissions from the For comparison purposes, EPA additional future emission reductions baseline year to 2011 occurred in every provides additional 2008 and 2014 NEI due to BART and other measures. pollutant with the exception of VOCs data.47 A breakdown of the total and coarse particulates, which increased 4. Emissions Tracking emissions for the state can be seen by 16 percent and 79 percent below in Table 7. In its progress report SIP, the State respectively. The dramatic increase in presents NEI emission inventories for coarse particulates can be attributed to

TABLE 7—COMPARISON OF TOTAL STATE EMISSIONS TO CENRAP 2018 PROJECTIONS

2002 State reported 2008 NEI 2011 NEI 2014 NEI CENRAP 2018 Pollutant species baseline total total total projections emissions emissions emissions emissions (tpy) (tpy) (tpy) * (tpy) (tpy) *

SO2 ...... 170,021 148,710 123,649 109,210 119,776 NOX ...... 502,122 463,951 447,911 385,782 369,248 NH3 ...... 143,179 112,650 112,230 112,863 182,605 VOCs ...... 1,375,653 1,356,355 1,600,734 1,505,886 1,581,788 PM2.5 ...... 124,954 168,554 103,638 133,381 142,252 PM10 ...... 438,852 809,223 666,672 488,258 429,945 * Provided by the EPA from the EIS gateway database

In its 2010 Regional Haze SIP, ODEQ impairing pollutants for 2002 (the shows that total state emissions have determined that the primary visibility- baseline year), recent NEI data for 2011, decreased for all of the visibility- impairing pollutants in Oklahoma and CENRAP-projected data for 2018.48 impairing pollutants except for VOCs include SO2, NOX, and PM (both PM10 This span is sufficiently representative and PM10, which had slight to modest and 2.5). Oklahoma provides in its of emission levels for the purpose of increases (14% and 34%) over 2008, progress report SIP a comparison of the EPA’s review of the progress report. A respectively. VOC emissions increased inventories for all potential visibility- comparison of the data for these years by 225,081 tpy since 2002, but CENRAP

42 Source: IMPROVE Visibility Trend monitoring Air Planning Association (CENRAP) in support of 46 See Table 5–2 (page 20) of the progress report. data for Wichita Mountains: http://vista.cira. SIP development in the central states region for 47 As reported in the online EPA Emissions colostate.edu/Improve/aqrv-summaries/. 2002 and projected 2018 emissions. Inventory System (EIS) Gateway database for total 43 Emission development and air quality 44 See page 18, Section 4.4 of the progress report. state emissions. modeling were performed by the Central Regional 45 Ibid. 48 Page 20 of the progress report.

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modeling has demonstrated that NOX. The decrease in SO2 is especially When considered as a whole, the anthropogenic VOCs do not noteworthy as sulfurous emissions above indicates that the main precursors significantly impair visibility at contribute the most to visibility that cause the formation of haze and WMWA. Total PM10 levels appear to impairment at WMWA. (Nitrate visibility impairment in Oklahoma are have spiked briefly after 2002 and then particulate matter forms from NOX being reduced. began to steadily decline. More recently emissions but occurs predominantly Table 8 below shows the inventoried available 2014 NEI data shows that, during the winter months; whereas categories that were the driving factors other than PM10 levels, the emissions sulfurous aerosol comprises the behind the total emission trends. Nearly inventory for all pollutants is currently plurality during the rest of the year.) 49 every category across the inventory below the CENRAP 2018 Projections. showed emission decreases for each Despite not already having met the 2018 Because of the limiting role of NOX pollutant. The total emissions change and SO2 on PM2.5-formation, and the projections, Oklahoma’s PM10 emissions for each pollutant, except NH3 and declined nearly 40 percent from 2008 uncertainties in assessing the effect of VOCs, showed a reduction from 2008 to levels. NH3 emission reductions on visibility, 2014. The trends were consistent with The projected 2018 CENRAP data also Oklahoma does not consider ammonia the emission trends shown in section II, showed that there is an anticipated among the visibility-impairing A, 2 of this proposed action, which also 50 overall downward trend in SO2, and pollutants. showed the latest updates for EGUs. TABLE 8—2014 EMISSION DATA (TPY) AND THE CATEGORY CHANGES SINCE 2008 FOR OKLAHOMA *

Category NOX SO2 PM10 PM2.5 NH3 VOC

Agricultural/Biogenic ...... 37,854 ...... 0 ...... 199,471 ...... 38,845 ...... 95,232 ...... 1,041,372 (¥5,637) ...... (+32,530) ...... (+5,457) ...... (¥2,142) ...... (+180,237) Area/Non-point ...... 138,795 ...... 1,759 ...... 421,375 ...... 79,251 ...... 100,409 ...... 1,283,217 (¥8,375) ...... (¥2,976) ...... (¥305,703) ..... (¥23,170) ...... (+2,166) ...... (+173,338) Fires ...... 9,707 ...... 4,362 ...... 56,858 ...... 47,146 ...... 11,798 ...... 111,238 (¥1,661) ...... (¥901) ...... (¥4,145) ...... (¥4,819) ...... (+2,633) ...... (¥21,782) Fugitive Dust ...... 0 ...... 0 ...... 20,292 ...... 2,029 ...... 0 ...... 0 (¥11,924) ...... (¥1,193) ...... Road Dust ...... 0 ...... 0 ...... 175,729 ...... 19,815 ...... 0 ...... 0 (¥329,400) ..... (¥33,262) ...... Non-road Mobile ...... 20,462 ...... 44 ...... 2,004 ...... 1,912 ...... 31 ...... 20,885 (¥7,180) ...... (¥472) ...... (¥703) ...... (¥677) ...... (+2) ...... (¥10,011) On-road Mobile ...... 92,071 ...... 450 ...... 4,986 ...... 2,834 ...... 1,600 ...... 42,735 (¥43,267) ...... (¥757) ...... (¥661) ...... (¥1,519) ...... (¥555) ...... (¥14,225) Point Sources ...... 126,000 ...... 102,846 ...... 11,486 ...... 8,361 ...... 3,292 ...... 50,777 (¥17,071) ...... (¥34,270) ...... (¥3,056) ...... (¥619) ...... (+233) ...... (+23,871)

Total Emission Change ...... ¥83,191 ...... ¥39,376 ...... ¥623,062 ...... ¥59,802 ...... +2,337 ...... +331,428 Note: The numbers in parentheses indicate an increase (+) or decrease (¥) in emissions from 2008. * As reported in the online EPA Emissions Inventory System (EIS) Gateway database.

EPA is proposing to find that the State 5. Assessment of Changes Impeding significant changes in emissions of adequately addressed the provisions of Visibility Progress visibility-impairing pollutants which 40 CFR 51.308(g) regarding emissions have limited or impeded progress in Oklahoma also provided an tracking because the State compared the reducing emissions and improving assessment of any significant changes in most recent updated emission inventory visibility in Class I areas impacted by anthropogenic emissions within or data for the key visibility impairing the State’s sources. Although Oklahoma outside the State that could limit or pollutants across Oklahoma available at impede reasonable progress. Data continues to experience visibility the time of progress report development presented in the State’s progress impacts from sources outside the State 53 with the baseline emissions used in the report 52 indicates that there were no that affect the WMWA Class I area, modeling for the regional haze plan. The significant changes in anthropogenic this progress report demonstrates that, results showed that the emissions from emissions that have limited or impeded the State remains on track to meet both SO2, NOX, and PM, the main progress in reducing pollutant its original and the EPA-determined contributors of regional haze in emissions and improving visibility. 2018 RPGs for the Class I area in Oklahoma, have all been decreasing Visibility Conditions as the WMWA Oklahoma. EPA is not evaluating at this since 2008. The State’s analysis relied Class I area demonstrated overall time whether existing trends in on the latest emissions data available to downward trends in Haze Index values emissions are sufficient, or could them at the time (2002 to 2011); 51 and for both its best (i.e., ‘‘clearest’’) and impede or limit progress, with respect to the EPA provided additional updates for worst (i.e., ‘‘haziest’’) days. EPA any future RPGs for subsequent 2008 and 2014. proposes to agree with Oklahoma’s planning periods for Class I areas in conclusion that there have been no Oklahoma.

49 Page 66 of the 2010 Regional Haze SIP. in developing and reporting complete emissions consultation with Texas determined that additional 50 Page 69 of the 2010 Regional Haze SIP. EPA inventories once quality-assured emissions data emissions reductions from Texas were necessary to agreed with Oklahoma’s decision to exclude becomes available. address visibility impairment at WMWA for the ammonia in our December 2011 final rile. 76 FR 52 See page 20 of the progress report. first implementation period ending in 2018, and 81727, 81754 (December 28, 2011). 53 Oklahoma’s initial SIP Revision for Regional issued a FIP for Texas to that effect, requiring 51 While ideally the five-year period to be Haze documented that the majority of visibility additional emissions reductions from eight coal- analyzed for emission inventory changes is defined impairment at the Wichita Mountains results from fired electric power plants (See 81 FR 295). This as the time period since the current regional haze emissions generated in Texas. EPA’s examination SIP was submitted, there is an inevitable time lag and review of Oklahoma’s reasonable progress action was subsequently stayed and later remanded.

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6. Assessment of Current Strategy uniform rate of progress for 2018 of Wilderness Areas, but concludes that 20.01 dv for the twenty percent most The State concludes that it is on track the impact on visibility conditions in impaired days. those areas is negligible.58 ODEQ could to meet the 2018 RPGs for the WMWA EPA proposes to find that Oklahoma based on the trends in visibility and not identify any emissions from within has adequately addressed the provisions the State that either prevented or emissions presented in its progress of 40 CFR 51.308(g) regarding the report. In its progress report SIP inhibited reasonable progress at Class I strategy assessment. In its progress areas outside the State, nor had they submittal, the State assesses the 2010 report SIP, Oklahoma describes the SIP elements and strategies and (ODEQ) been contacted any other state improving visibility trends using data to assert such an interstate-transport determines that, based upon emission from the IMPROVE network and the trends and monitor data, they were impact. downward emissions trends in NOX and sufficient to enable Oklahoma to meet In support of this assertion, we submit SO2 emissions in the State. These trends 54 all the originally established RPGs. support the State’s determination that that Arkansas’ Class I areas have seen The state notes that the visibility at the its regional haze plan is sufficient to marked improvement in visibility since WMWA has improved sufficiently to meet the 2018 RPGs for Class I areas the start of regional haze monitoring. meet the originally established RPGs for within the State. Oklahoma also notes Based on Arkansas’ respective 2018 during 2009–2013 for the 20% that additional improvement in IMPROVE data, the haze index for the worst days and they anticipate further visibility conditions are anticipated in 20 percent worst days of visibility at improvement in visibility as additional the future after installation of all both the Caney Creek and Upper Buffalo emission reductions occur due to controls required to meet BART (see Wilderness Areas have been steadily implementation of BART controls. Table 1). improving as a result of reduced The evaluation set forth by the State EPA’s modeling data used to develop emissions within Arkansas and because also shows that it is meeting the revised the previously mentioned FIP and SIP of broader industrial and energy trends RPGs that EPA calculated in its revisions for Oklahoma’s subject-to- in other states. EPA’s review of recent currently stayed January 2016 FIP action BART EGU sources, also demonstrated monitoring data 59 from Arkansas’ Class for Texas and Oklahoma.55 In its that the potential visibility impacts for I areas indicates that both Caney Creek progress report, Oklahoma shows it was Class I areas outside the state would be and Upper Buffalo are well on track for achieving greater visibility significantly reduced by demonstrating improved visibility for improvements than the EPA-calculated implementation of the associated the most impaired and least impaired RPGs at WMWA for the worst quintile revised BART controls/limits.57 days since 2001.60 Based on the five- of days.56 Based on more recently With regards to the effect of year rolling averages, both wilderness available monitored data, the State has Oklahoma’s emissions on other states areas are not only on schedule but have also reached its 2018 goals for the best with Class I areas, Oklahoma also outperformed their stricter revised quintile days as well. We note that the acknowledges the possible impact of its 2018 RPGs for the twenty percent worst recent monitored data showing visibility sources on Arkansas’ Class I areas, days 61 (22.47 and 22.51 dv; See Table improvements at WMWA also meet the Caney Creek and Upper Buffalo 9).

TABLE 9—VISIBILITY CONDITIONS AT ARKANSAS CLASS I AREAS FOR TWENTY PERCENT WORST DAYS

Baseline 2018 Revised Class I area (2000–2004) (2007–2011) (2008–2012) (2009–2013) (2010–2014) RPGs (dv) (dv) (dv) (dv) (dv) (dv)

Caney Creek Wilderness...... 26.36 22.99 22.69 22.23 21.83 22.47 Upper Buffalo Wilderness...... 26.27 24.15 22.99 22.16 21.63 22.51

Based on the above, the State’s and strategies in its implementation 7. Review of Current Monitoring assertion that sources in Oklahoma are plan are sufficient to achieve the RPGs Strategy not interfering with the achievement of for the WMWA Class I area in the State The monitoring strategy for regional any other neighboring state’s RPGs for and for any Class I areas in nearby states haze in Oklahoma relies upon their respective Class I areas for the first potentially impacted by sources in the 62 participation in the Interagency planning period appears valid. State. Monitoring of Protected Visual EPA is proposing to approve Environments (IMPROVE) regional haze Oklahoma’s finding that the elements monitoring network. IMPROVE provides

54 Note that states don’t necessarily need to refer 57 See Comments on Modeling section, 76 FR 60 See figures 2 to 9 and tables 5 to 8 (pages 28 to specific RPGs to meet the requirements of 81738–81739 (December 28, 2011). to 39) of the Arkansas Regional Haze SO2 and PM 51.308(g)(6). If they’re currently achieving more 58 ODEQ noted in its progress report SIP revision SIP revision. 61 reductions than they anticipated when they (on page 30) that, ‘‘Although it is rare that See page 54 of the Arkansas Regional Haze SO2 developed their SIP, this demonstrates that they’re emissions from Oklahoma impact the Caney Creek and PM SIP revision. and Upper Buffalo Wilderness Areas in Arkansas on track to ensure RP in class I areas. 62 In its 2011 SIP submittal, see 76 FR 64186 at due to the location of large pollutant emitting 55 On March 18, 2016, Texas filed a request for sources in Oklahoma combined with the prevailing 64196 (October 17, 2011), Arkansas concluded that a stay of the FIP. On July 15, 2016, the court issued wind direction and topographical setup along the the impact from Oklahoma sources (among other a stay of the FIP, including the emission control Oklahoma/Arkansas border, DEQ will continue to states) was non-impactful: ‘‘ADEQ determined that requirements. ODEQ notes that the RPG at WMWA surveil these and other necessary Class I areas in additional emissions reductions from other States presumably depends on the outcome of this other states.’’ are not necessary to address visibility impairment litigation. 59 See RPG Calculation Data Sheets, sip-rev-rpg- at Caney Creek and the Upper Buffalo for the first calcs.xlsx and visibility-progress.xlsx provided at implementation period ending in 2018, and all 56 See Table 6–8 on pages 27 to 28 of the progress https://www.adeq.state.ar.us/air/planning/sip/ states participating in its consultations agreed with report SIP. regional-haze.aspx. this.’’

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a long-term record for tracking visibility area. Additional improvements in progress report SIP revision (submitted improvement or degradation. Oklahoma visibility are expected to continue, as at September 28, 2016) as meeting the currently relies on data collected the time of submission for the progress applicable regional haze requirements through the IMPROVE network to report, the major emitting facilities in under the CAA and set forth in 40 CFR satisfy the regional haze monitoring Oklahoma had not yet installed their 51.308(g), (h) and (i). Because the SIP requirement as specified in 40 CFR respective BART controls. and FIP will ensure the control of SO2 51.308(d)(4) of the Regional Haze Rule. Review of more recent emissions and and NOX emissions reductions relied In its progress report SIP, Oklahoma visibility data shows that EGU SO2 and upon by Oklahoma and other states in summarizes the existing IMPROVE NOX emissions dropped from 2002 to setting their reasonable progress goals, monitoring network and its intended 2017 by 64,802 and 64,237 tons, EPA is proposing to approve continued reliance on it for future respectively; and the actual change in Oklahoma’s finding that there is no visibility planning. Measurements at the visibility observed/reported via its need for revision of the existing Wichita Mountains monitoring site IMPROVE monitor through 2016 for the implementation plan to achieve the began in March 2001 and were WMWA Class I area is better 64 than reasonable progress goals for the Class I compiled via the IMPROVE ‘‘WIMO1’’ what the State predicted for 2016 and is areas in Oklahoma and in nearby states monitor.63 The IMPROVE program currently exceeding the uniform rate of impacted by Oklahoma sources. makes data available on the internet and progress.65 EPA proposes to conclude submits it to EPA’s air quality system. that Oklahoma has adequately IV. Statutory and Executive Order For the progress report, Oklahoma addressed 40 CFR 51.308(h) because the Reviews evaluates its use of the IMPROVE visibility trends at the WMWA Class I Under the CAA, the Administrator is monitoring network and found it to be area and at Class I areas outside the required to approve a SIP submission satisfactory. State potentially impacted by sources that complies with the provisions of the Oklahoma reaffirmed its continued within Oklahoma and the emissions Act and applicable federal regulations. reliance upon the IMPROVE monitoring trends of the largest emitters of See 42 U.S.C. 7410(k); 40 CFR 52.02(a). network. Oklahoma also explained the visibility-impairing pollutants in the Thus, in reviewing SIP submissions, importance of the IMPROVE monitoring State indicate that the relevant RPGs EPA’s role is to approve state choices, network for tracking visibility trends at will be met; and support the State’s provided that they meet the criteria of its Class I area and identified that it did determination of the adequacy of its SIP. the CAA. Accordingly, this proposed not anticipate any changes to its C. Consultation With Federal Land action proposes to approve a State’s reliance on the network for visibility Managers determination that their current regional assessments. EPA proposes to find that In accordance with 40 CFR 51.308(i), haze plan is meeting federal Oklahoma has adequately addressed the requirements and does not impose applicable provisions of 40 CFR the state must provide the FLMs with an additional requirements beyond those 51.308(g) regarding monitoring strategy opportunity for consultation, at least 60 imposed by state law. This proposed because the State reviewed its visibility days prior to holding any public hearings on an implementation plan (or action: monitoring strategy and determined that • no further modifications to the strategy plan revision). The state must also Is not a significant regulatory action are necessary. include a description of how it subject to review by the Office of addressed any comments provided by Management and Budget under B. Determination of Adequacy of the the FLMs. ODEQ shared its draft Executive Orders 12866 (58 FR 51735, Existing Implementation Plan progress report with the FLMs on April October 4, 1993) and 13563 (76 FR 3821, In its progress report SIP, Oklahoma 11, 2016; and notified them of the January 21, 2011); submits a negative declaration to EPA associated public review comment • Is not expected to be an Executive regarding the need for additional actions period on August 2, 2016 and of the Order 13771 regulatory action because or emissions reductions in Oklahoma opportunity to request a public hearing this action is not significant under beyond those already in place and those (for September 6, 2016). The FLM Executive Order 12866; to be implemented by 2018 according to comments and Oklahoma’s responses • Does not impose an information Oklahoma’s regional haze plan. are presented in Appendix II of the collection burden under the provisions Oklahoma determined that the current progress report. of the Paperwork Reduction Act (44 version of its regional haze plan requires The EPA proposes to find that U.S.C. 3501 et seq.); no further substantive revision at this Oklahoma has addressed the • Is certified as not having a time to achieve the 2018 RPGs for Class requirements in 40 CFR 51.308(i). significant economic impact on a I areas affected by the State’s sources. Oklahoma provided a 60-day period for substantial number of small entities The basis for the State’s declaration is the FLMs to comment on the progress under the Regulatory Flexibility Act (5 the findings from the progress report SIP report, which was at least 60 days before U.S.C. 601 et seq.); which conclude that the control seeking public comments, and provides • Does not contain any unfunded measures in Oklahoma’s regional haze a summary of these comments and mandate or significantly or uniquely plan are on track to meet their responses to these comments in the affect small governments, as described implementation schedules and the progress report. in the Unfunded Mandates Reform Act reduction of SO2, NOX and PM emissions from subject to BART EGUs III. Proposed Action of 1995 (Pub. L. 104–4); in Oklahoma continues to be the EPA is proposing to approve the State • Does not have federalism appropriate strategy for improvement of of Oklahoma regional haze five-year implications as specified in Executive visibility in Oklahoma’s WMWA Class I Order 13132 (64 FR 43255, August 10, 64 AQRV Summary data for the WIMO 1 monitor 1999); 63 Wichita Mountains Wildlife Refuge personnel at WMWA indicates that the 2017 observed • Is not an economically significant visibility was 17.23 dv—4.1 dv lower than the FIP- operate and maintain the IMPROVE particulate regulatory action based on health or sampler and are responsible for disseminating and revised 2018 RPG for the haziest of days. submitting the collected data (See Oklahoma’s 65 See the Visibility Impairment Projections graph safety risks subject to Executive Order initial regional haze SIP revision, pg. 8.). on page 29 of the progress report SIP. 13045 (62 FR 19885, April 23, 1997);

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• Is not a significant regulatory action implementing the procedures to • Commercial Overnight mail (other subject to Executive Order 13211 (66 FR reconfigure the 39 GHz band in than U.S. Postal Service Express Mail 28355, May 22, 2001); preparation for the incentive auction and Priority Mail) must be sent to 9050 • Is not subject to requirements of that will offer new flexible use licenses Junction Dr., Annapolis Junction, Section 12(d) of the National in the Upper 37 GHz, 39 GHz, and 47 Annapolis, MD 20701. Technology Transfer and Advancement GHz bands. In this document, the • U.S. Postal Service first-class, Act of 1995 (15 U.S.C. 272 note) because Bureau also temporarily freezes Express, and Priority must be addressed application of those requirements would processing of future applications for to 445 12th St. SW, Washington, DC be inconsistent with the CAA; and transfers and assignments of 39 GHz 20554. • Does not provide EPA with the licenses in order to facilitate the • People with Disabilities: Contact the discretionary authority to address, as reconfiguration process and acts FCC to request reasonable appropriate, disproportionate human pursuant to section 316 to modify accommodations (accessible format health or environmental effects, using incumbents’ 39 GHz licenses in documents, sign language interpreters, practicable and legally permissible accordance with the Commission’s CART, etc.) by email: [email protected], methods, under Executive Order 12898 proposed order of modification. phone: 202–418–0530 or TTY: 202–418– (59 FR 7629, February 16, 1994). DATES: Comments are due on or before 0432. In addition, the SIP is not approved to April 15, 2019; reply comments are due For detailed instructions for apply on any Indian reservation land or on or before April 26, 2019. submitting comments and additional information on the rulemaking process, in any other area where EPA or an ADDRESSES: You may submit comments, see the SUPPLEMENTARY INFORMATION Indian tribe has demonstrated that a identified by AU Docket No. 19–59, by section of this document. tribe has jurisdiction. In those areas of any of the following methods: Indian country, the proposed rule does • Electronic Filers: Comments may be FOR FURTHER INFORMATION CONTACT: For not have tribal implications and will not filed electronically using the internet by Upper Microwave Flexible Use Service impose substantial direct costs on tribal accessing the Commission’s Electronic (UMFUS) questions, Simon Banyai of governments or preempt tribal law as Comment Filing System (ECFS) https:// the Wireless Telecommunications specified by Executive Order 13175 (65 www.fcc.gov/ecfs/ or the Federal Bureau, Broadband Division, at (202) FR 67249, November 9, 2000). eRulemaking Portal: https:// 418–2487 or [email protected]; for auction legal questions: Erik Salovaara List of Subjects in 40 CFR Part 52 www.regulations.gov. Filers should follow the instructions provided on the of the Office of Economics and Environmental protection, Air Commission’s website for submitting Analytics, Auctions Division, at (202) pollution control, Best Available comments and transmit one electronic 418–0660 or [email protected]. Retrofit Technology, Incorporation by copy of the filing to AU Docket 19–59. For information regarding the PRA reference, Intergovernmental relations, For ECFS filers, in completing the information collection requirements Nitrogen dioxide, Ozone, Particulate transmittal screen, filers should include contained in this PRA, contact Cathy matter, Reporting and recordkeeping their full name, U.S. Postal Service Williams, Office of Managing Director, requirements, Regional haze, Sulfur mailing address, and the applicable at (202) 418–2918 or Cathy.Williams@ dioxide, Visibility, Volatile organic docket number. fcc.gov. compounds. • To get filing instructions, filers SUPPLEMENTARY INFORMATION: This is a Authority: 42 U.S.C. 7401 et seq. should send an email to [email protected], summary of the Commission’s Dated: March 21, 2019. and include the following words in the document (Public Notice), GN Docket Anne Idsal, body of the message, ‘‘get form your No. 14–177, AU Docket No. 19–59, DA Regional Administrator, Region 6. email address’’. A sample form and 19–196, adopted on March 20, 2019 and instructions will be sent in response. [FR Doc. 2019–05860 Filed 3–27–19; 8:45 am] released on March 20, 2019. The The Bureau also requests all comments complete text of this document is BILLING CODE 6560–50–P and reply comments to be submitted available for public inspection and electronically to the following email copying from 8 a.m. to 4:30 p.m. Eastern address: [email protected]. Time (ET) Monday through Thursday or FEDERAL COMMUNICATIONS • Paper Filers: Parties who choose to from 8 a.m. to 11:30 a.m. ET on Fridays COMMISSION file by paper must file an original and in the FCC Reference Information 47 CFR Parts 1 and 30 one copy of each filing. Filings can be Center, 445 12th Street SW, Room CY– sent by hand or messenger delivery, by A257, Washington, DC 20554. The [GN Docket No. 14–177, AU Docket No. 19– commercial overnight courier, or by complete text is available on the 59; DA 19–196] first-class or overnight U.S. Postal Commission’s website at http:// Service mail. All filings must be wireless.fcc.gov, or by using the search Notice of Initial 39 GHz addressed to the Commission’s function on the ECFS web page at Reconfiguration Procedures Secretary, Office of the Secretary, http://www.fcc.gov/cgb/ecfs/. AGENCY: Federal Communications Federal Communications Commission. Alternative formats are available to Commission. • All hand-delivered or messenger- persons with disabilities by sending an ACTION: Proposed rule; proposed auction delivered paper filings for the email to [email protected] or by calling the procedures. Commission’s Secretary must be Consumer & Governmental Affairs delivered to FCC Headquarters at 445 Bureau at (202) 418–0530 (voice), (202) SUMMARY: In this document, the 12th St. SW, Room TW–A325, 418–0432 (tty). Wireless Telecommunications Bureau Washington, DC 20554. The filing hours (Bureau), in cooperation with the Office are 8:00 a.m. to 7 p.m. All hand Ex Parte Rules—Permit-But-Disclose of Economics and Analytics (OEA), on deliveries must be held together with Pursuant to § 1.1200(a) of the behalf of the Federal Communications rubber bands or fasteners. Any Commission’s rules, this document shall Commission (Commission or FCC), envelopes must be disposed of before be treated as a ‘‘permit-but-disclose’’ seeks comment on the next steps toward entering the building. proceeding in accordance with the

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Commission’s ex parte rules. Persons Supplemental IRFA and must be filed rights and modifying their licenses (if making ex parte presentations must file by the same deadline for filing desired) in a manner that will also leave a copy of any written presentation or a comments as specified in the Public these incumbents better able to provide memorandum summarizing any oral Notice. The Commission will send a fifth-generation (5G) wireless, Internet presentation within two business days copy of the Public Notice, including this of Things, and other advanced services after the presentation (unless a different Supplemental IRFA, to the Chief in the 39 GHz band. deadline applicable to the Sunshine Counsel for Advocacy of the Small 2. The key decision for each 39 GHz period applies). Persons making oral ex Business Administration (SBA). In incumbent will be whether to: (a) parte presentations are reminded that addition, the Public Notice and Relinquish 39 GHz licenses in exchange memoranda summarizing the Supplemental IRFA (or summaries for an incentive payment, with the presentation must (1) list all persons thereof) will be published in the Federal opportunity to bid on new licenses in attending or otherwise participating in Register. the incentive auction, if it chooses to do the meeting at which the ex parte so; or (b) elect to receive modified presentation was made, and (2) Paperwork Reduction Act (PRA) licenses and not apply to participate in summarize all data presented and This Public Notice contains new the auction for new licenses. In the arguments made during the information collection requirements that reconfiguration process the Bureau presentation. If the presentation are subject to the Paperwork Reduction describes below, the Bureau refers to consisted in whole or in part of the Act of 1995 (PRA), Public Law 104–13. this decision as an Initial Commitment. presentation of data or arguments The Commission is currently seeking As the Commission determined in the already reflected in the presenter’s PRA approval for the new information Spectrum Frontiers Fourth R&O, written comments, memoranda or other collection requirements associated with incumbents have three options for their filings in the proceeding, the presenter the Incumbent 39 GHz Licensee Short Initial Commitment. An incumbent can may provide citations to such data or Form Application (FCC Form 175–A). choose to: (1) Have its licenses modified arguments in his or her prior comments, The Office of Management and Budget, based on the Commission’s proposed memoranda, or other filings (specifying the general public, and other Federal reconfiguration of its license holdings; the relevant page and/or paragraph agencies are invited to comment on the (2) have its licenses modified based on numbers where such data or arguments new information collection an acceptable alternative can be found) in lieu of summarizing requirements contained in this Public reconfiguration that the incumbent them in the memorandum. Documents Notice. In addition, the Commission proposes, provided that it satisfies shown or given to Commission staff notes that pursuant to the Small certain specified conditions; or (3) during ex parte meetings are deemed to Business Paperwork Relief Act of 2002, commit to relinquish its licenses in be written ex parte presentations and the Commission seeks specific comment exchange for an incentive payment and must be filed consistent with on how the Commission might further the ability to bid for new licenses. The § 1.1206(b). In proceedings governed by reduce the information collection Initial Commitment results will § 1.49(f) or for which the Commission burden for small business concerns with determine the inventory of 39 GHz has made available a method of fewer than 25 employees. spectrum blocks that will be available to electronic filing, written ex parte be assigned in the clock phase of presentations and memoranda Synopsis Auction 103. Regardless of which summarizing oral ex parte I. Introduction option an incumbent chooses, once it presentations, and all attachments has made its Initial Commitment it will thereto, must be filed through the 1. In this Public Notice, as directed by not need to take any further steps before electronic comment filing system the Commission, the Wireless the conclusion of the auction, unless it available for that proceeding, and must Telecommunications Bureau (Bureau), wants to bid on new licenses in the be filed in their native format (e.g., .doc, in cooperation with the Office of auction. .xml, .ppt, searchable .pdf). Participants Economics and Analytics (OEA), takes 3. In this Public Notice, the Bureau (1) in this proceeding should familiarize the next steps toward implementing the determines to freeze temporarily themselves with the Commission’s ex procedures to reconfigure the 39 GHz processing of future applications for parte rules. band in preparation for the incentive transfers and assignments of 39 GHz auction that will offer new flexible use licenses in order to facilitate this Supplemental Initial Regulatory licenses in the Upper 37 GHz (37.6–38.6 reconfiguration process, as suggested by Flexibility Analysis GHz), 39 GHz (38.6–40 GHz), and 47 the Commission; (2) acts pursuant to As required by the Regulatory GHz (47.2–48.2 GHz) bands. The Bureau section 316 to modify incumbents’ 39 Flexibility Act of 1980, as amended designates this upcoming incentive GHz licenses in accordance with the (RFA), the Commission has prepared a auction as Auction 103. As the Commission’s proposed order of Supplemental Initial Regulatory Commission stated in the Spectrum modification, in light of the absence of Flexibility Analysis (Supplemental Frontiers Fourth R&O, the incentive any protests thereto; and (3) seeks IRFA) of the possible significant auction process—which includes the comment on a proposed path toward economic impact on small entities of the opportunity for 39 GHz incumbents not reconfiguration of this band in policies and rules addressed in this choosing to participate in the auction to preparation for Auction 103. Public Notice to supplement the receive modified licenses—resolves the Commission’s Initial and Final persistent difficulties presented by the II. Background Regulatory Flexibility Analyses need for existing 39 GHz licenses to be 4. In the Spectrum Frontiers Fourth completed in the Fourth Report and transitioned efficiently to the new band R&O, the Commission took significant Order, Spectrum Frontiers Orders, and plan and in some cases, new service steps to make spectrum available for 5G other Commission orders pursuant to areas. This process substantially wireless, Internet of Things, and other which Auction 103 will be conducted. furthers the public interest in making advanced services in the Upper 37 GHz, Written public comments are requested available spectrum for the provision of 39 GHz, and 47 GHz bands. Over the on the Supplemental IRFA. Comments next-generation services, while course of the Spectrum Frontiers must be identified as responses to the preserving incumbents’ spectrum usage proceeding, the Commission has

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adopted Upper Microwave Flexible Use by an Auction Comment Public Notice to accept the proposed reconfiguration, Service (UMFUS) rules to make and Auction Procedures Public Notice. provide an alternative reconfiguration, available millimeter wave spectrum for or relinquish existing 39 GHz licenses. III. Preparing the 39 GHz Band for such next-generation services. When 9. The Commission directed the Auction 103 combined, the contiguous Upper 37 Bureau to take the steps necessary to GHz and the 39 GHz bands offer the 7. The Bureau must implement the implement the Commission’s decisions largest amount of contiguous spectrum steps the Commission described in the regarding existing 39 GHz licenses. This in the millimeter wave bands for Spectrum Frontiers Fourth R&O to Public Notice describes the proposed flexible-use wireless services—a total of reconfigure existing 39 GHz licenses to procedures, processes, and 2,400 megahertz. The 47 GHz band will better match the new 39 GHz band plan methodologies the Bureau plans to provide an additional 1,000 megahertz and service rules so that incumbents can implement to reconfigure the 39 GHz of millimeter wave spectrum for such make binding Initial Commitments band. services. through the Commission’s Initial 10. From the perspective of 39 GHz 5. The Commission’s decisions in the Commitment System. This Public Notice incumbents, the major steps of the 39 Spectrum Frontiers Fourth R&O resolve explains how the Bureau will take these GHz band reconfiguration process will the persistent difficulties presented by steps. The Public Notice includes the be as follows: existing 39 GHz licenses issued for past following appendices, which provide • Verifying 39 GHz Aggregated uses under prior rules. These licenses even more detail, including the Holdings Data. In Appendix B: Initial create barriers to next-generation mathematical calculations and Aggregated Incumbent Holdings, the services by fragmenting frequencies and assumptions made during this Bureau provides as a summary of each in some cases, geographic license areas, reconfiguration process: Appendix A: 39 GHz incumbent’s aggregated across the 39 GHz band, because Reconfiguration Technical Guide; holdings by PEA. This summary existing 39 GHz licenses include a mix Appendix B: Initial Aggregated indicates the amount of spectrum usage of 50 megahertz unpaired channel Incumbent Holdings; Appendix C: rights each incumbent holds per PEA, as blocks, Rectangular Service Areas (RSA) Imputing Auction 101 Prices for a product of licensed bandwidth and the licenses that do not conform to PEA Weights; and Appendix D: Initial population of the licensed area (MHz- boundaries, and other licenses not Commitment Technical Guide. First, the pops), based on the records in the authorized to provide service Bureau must aggregate an incumbent’s Universal Licensing System (ULS). In throughout the full geographic 39 GHz holdings to determine how addition, any 39 GHz licensees with boundaries of the PEAs due to pre- many licenses per Partial Economic common control have their aggregated existing RSA licenses. The band plan for Area (PEA) the incumbent would be holdings consolidated, as shown in UMFUS licenses in these spectrum entitled to under the new band plan. Appendix B. Incumbents will have an bands is 100 megahertz blocks licensed Pursuant to the Commission’s directive opportunity to update the license by Partial Economic Area (PEA). in the Spectrum Frontiers Fourth R&O, information provided in ULS on which 6. The Commission adopted an the Bureau also will consolidate the these holdings are based. incentive auction for the Upper 37 GHz, holdings of any licensees that are • File Excepted Transfers and 39 GHz, and 47 GHz bands in part to considered ‘‘commonly controlled Assignments (if applicable). In this make it possible for both incumbent 39 entities.’’ Pursuant to the Commission’s Public Notice, the Bureau freezes GHz licensees and new licensees further direction, and to ensure the data transfers and assignments of 39 GHz throughout these bands to provide such remain consistent, the Bureau freezes licenses, with an exception for valuable next-generation services. In most transactions relating to 39 GHz commonly controlled entities. If preparation for assigning new licenses licenses with the adoption of this Public commonly controlled entities wish to in these bands by auction, the Notice. transfer/assign all their 39 GHz licenses Commission decided that all existing 39 8. Because incumbents’ holdings may to one of the commonly controlled GHz licenses are subject to not match the parameters for the new entities, they may file an application by modification. These modifications to 39 band plan and service rules, the the deadline specified in this Public GHz licenses will enhance opportunities Commission anticipates that, in many Notice. for these licensees to provide valuable markets, incumbents may have ‘‘partial • Review Updated 39 GHz next generation services. The process PEA’’ holdings—i.e., spectrum rights Reconfiguration Procedures and the Commission mandated will remove that cover less than the entire Updated Aggregated Holdings Data. barriers to the provision of 5G services population of the PEA. In the Spectrum After considering the record produced by giving incumbents the choice of Frontiers Fourth R&O, the Commission in response to this Public Notice, the accepting modified licenses or, if an determined that any incumbent Bureau will adopt final 39 GHz band incumbent licensee volunteers to choosing to accept modified licenses reconfiguration procedures in a future relinquish related spectrum usage rights could receive at most one license that public notice (‘‘Updated 39 GHz in exchange for an incentive payment, covers a partial PEA. To implement this Reconfiguration Procedures Public cancelling these licenses. In the objective, the Commission decided that Notice’’). Along with that Public Notice, incentive auction, each incumbent 39 PEA weights should be applied to allow the Bureau will provide each GHz licensee voluntarily may commit to spectrum usage rights to be combined incumbent’s updated 39 GHz aggregated relinquish all spectrum usage rights across markets, to produce ‘‘full’’ PEA (and consolidated, if applicable) provided by existing licenses in holdings (license rights equal to holdings data per PEA (‘‘Updated exchange for a share of the proceeds covering the entire population of a Aggregated Holdings Data’’). An from the auction of new licenses. Those PEA). This will allow the use of ‘‘incumbent’’ for these purposes is making such a commitment will be mathematical techniques that result in a either a single 39 GHz licensee or a eligible to apply to bid for new licenses. proposed license reconfiguration for group of commonly controlled entities As in prior t Commission auctions, the each incumbent, which will be provided that hold 39 GHz licenses. Commission will develop and detail all to incumbents in advance of the Initial • Reconfigured 39 GHz Incumbent the procedures necessary to conduct the Commitment process, so that they can Holdings Public Notice. After the auction in a pre-auction process framed make informed decisions as to whether updated 39 GHz band reconfiguration

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procedures are adopted, the adopted the same requirements as the announcement of winning bidders in procedures and methodologies will be Commission’s proposed reconfiguration, the incentive auction, the Commission, applied to reconfigure each incumbent’s except that it need not minimize the based on the incumbents’ Initial holdings to match the new band plan weighted MHz-pops remaining as white Commitments, will issue modified and service areas. The Reconfigured 39 space in the one PEA in which the licenses and cancel relinquished GHz Incumbent Holdings Public Notice incumbent is left with the equivalent of licenses. Incumbents will be able to seek will show the license holdings the a partial PEA block. The Initial Special Temporary Authority as needed incumbent would receive if in its Initial Commitment System will provide real- to transition from existing licenses to Commitment it chose to receive time feedback to incumbents on the modified licenses or to new licenses modified licenses based on the acceptability of proposed alternative that will be issued subsequently. Any Commission’s proposed reconfiguration reconfigurations. The deadline for new licenses that an incumbent wins in (Option 1 under the Initial Commitment making an Initial Commitment will be the auction will be issued pursuant to Process). The Public Notice will inform no sooner than 60 days after the release the Commission’s standard process of each incumbent of the PEAs in which it of the Reconfigured 39 GHz Incumbent receiving winning bids, reviewing would receive modified 100 megahertz Holdings Public Notice. Any incumbent license applications, and then granting licenses and the number of such that fails to make a selection by the the new licenses. The Commission will licenses if it chooses to accept the deadline will be deemed to have be ready to make incentive payments modified licenses based on the selected Option 1: the Commission’s owed following the grant of new Commission’s proposed reconfiguration. proposed reconfiguration for modified licenses associated with winning bids. The final frequencies of the licenses will licenses. be determined later; any licensee • Round Zero. An incumbent that IV. Final Actions receiving more than one modified commits to relinquishing all its existing A. Freeze on Transfers and Assignments license in a PEA will receive licenses for spectrum usage rights (Option 3) will for 39 GHz Licenses contiguous frequencies within the PEA. have a limited opportunity during the • File FCC Form 175–A. To be able to Initial Commitment submission window 11. In the Spectrum Frontiers Fourth access to the Commission’s Initial to redistribute its MHz-pops that are R&O, the Commission recognized that it Commitment System, each incumbent equivalent to a partial PEA license may be appropriate to freeze transfers must be represented through an based on its updated aggregated and assignments of 39 GHz licenses, and Incumbent 39 GHz Licensee Short-Form holdings in any PEA, based on their it directed the Bureau to address Application (FCC Form 175–A). The relative weights, as part of the Round whether or when it is necessary to form will provide contact information, Zero process in the Initial Commitment freeze transfers and assignments of 39 list represented licensees, identify System. Incentive payments to those 39 GHz licenses prior to calculations of authorized Initial Commitment GHz incumbents committing to Option aggregate holdings. The Bureau Representatives, and include required 3 will be based on the redistributed concludes that, with the release of this certifications. All incumbents should be holdings at the close of Round Zero. Public Notice, the Bureau will listed on a filed FCC Form 175–A • Existing Licenses Pending the implement a temporary freeze on the regardless of whether they intend to bid Auction. Regardless of each incumbent’s acceptance and processing of for new licenses in the incentive binding Initial Commitment, each applications relating to any future auction. In the event an incumbent is incumbent licensee will retain its transfers or assignments of 39 GHz not listed on a submitted FCC Form existing 39 GHz licenses until after the licenses, with one exception. Any 175–A, that incumbent will be close of the auction and the applications received after the release of considered to have committed to announcement of winning bidders for this Public Notice that do not fall under accepting modified licenses based on new licenses. The announcement of the exception or applications that fall reconfigured holdings proposed by the winning bidders for the auction must under the exception that are received Commission and to have foregone any occur before the Commission can assign after the deadline provided in this opportunity to relinquish any holdings frequencies to modified licenses, issue Public Notice will be returned as for an incentive payment and to new licenses, or share auction proceeds unacceptable for filing. This freeze will participate in an auction of new licenses as incentive payments with incumbents end after new licenses have been in Upper 37 GHz, 39 GHz, and 47 GHz. for cancelled 39 GHz licenses. granted to winning bidders and Bureau staff will be conducting outreach • Auction of New Licenses. Following modified licenses have been issued to to all incumbents using their contact the Initial Commitment process, non-auction participants. information in ULS to ensure that they potential bidders for new licenses will 12. A freeze on transfers and are informed of their options. take typical pre-auction actions assignments is necessary to ensure that • Initial Commitment Process. Each necessary to become qualified to bid. the Commission’s reconfiguration of incumbent may commit to: (1)Accepting Only incumbents that elect Option 3 to existing licenses is not unwound by any modified licenses based on a relinquish licenses are permitted to bid transfers and assignments that might reconfiguration of its holdings proposed on new licenses in Auction 103, if they materially revise the holdings that are by the Commission in the Reconfigured choose to do so, but they also may elect the subject of the reconfiguration. A 39 GHz Holdings Public Notice; or (2) not to bid and simply receive incentive significant aspect of the reconfiguration accepting modified licenses based on its payments for their relinquished process is the consideration of an alternative reconfiguration; or (3) licenses. As determined in the Spectrum incumbent’s spectrum usage rights on relinquishing spectrum usage rights Frontiers Fourth R&O, incumbents that an aggregated basis (‘‘aggregated under all its 39 GHz licenses in elect to receive modified licenses will holdings’’). If an incumbent could exchange for an incentive payment. An be assigned frequencies based on the transfer or assign some subset of its 39 ‘‘alternative reconfiguration’’ for these results of the auction assignment phase GHz licenses, the Commission’s purposes is a reconfiguration that the but cannot bid for particular frequencies reconfiguration of the incumbent’s incumbent submits through the Initial in the assignment phase. aggregated holdings would no longer be Commitment System; to be acceptable, • Post-Incentive Auction Transition consistent with the incumbent’s actual the incumbent’s proposal must satisfy and Incentive Payments. Following the holdings. Furthermore, the effectiveness

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of an incumbent’s certifications and cover geographic areas that do not incumbent’s existing spectrum usage other representations with respect to its match the PEA service areas established rights has been determined. These Initial Commitment might be brought for the 39 GHz band, an incumbent’s holdings will be used with respect to into question following a transfer or modified licenses may need to be any option chosen as an Initial assignment of some or all of its 39 GHz reconfigured to create whole spectrum Commitment for an incumbent. licenses. blocks providing 100 megahertz over a 18. Incumbent licensees are 13. This freeze nevertheless is subject full PEA in some of those areas. Where responsible for ensuring the accuracy of to one exception. This freeze will not such changes are unavoidable, the the ULS data underlying these affect transfers or assignments to or reconfigured licenses would maintain calculations of the holdings listed in among commonly controlled entities, the overall value of spectrum usage Appendix B: Initial Aggregated and applications that fall into this rights by quantifying those rights by Incumbent Holdings and for identifying category will be accepted until April 15, weighted MHz-pops, as measured any apparent discrepancies in the 2019. In the Spectrum Frontiers Fourth pursuant to the procedures established calculations. If an incumbent needs to R&O, the Commission determined that by the Spectrum Frontiers Fourth R&O, update its information by filing an FCC licenses held by commonly controlled and the incumbent would retain at most Form (such as updating its ownership entities would be treated as held by one one modified license for a partial PEA. information or notifying the entity for purposes of reconfiguring 39 Doing so would allow these incumbents Commission of transfers of control or GHz holdings (which the Bureau refers to better provide next-generation assignments of these licenses that are to as ‘‘consolidated holdings’’). services and help create generic blocks not reflected in the current data), it Specifically, the Commission noted that for new licenses that will better enable should file the appropriate form(s) to ‘‘[f]or this purpose, we will use the new licensees to offer next generation make any necessary corrections as soon definition of ‘controlling interest’ as an services and that can be assigned as possible, but no later than April 15, entity with de jure or de facto control efficiently using an auction. 2019. This includes any incumbent 39 that the Commission uses with respect 16. Following the Spectrum Frontiers GHz licensees listed as individual to auction applications, specifically the Fourth R&O, no petitions for licensees in Appendix B that are rule prohibiting an individual or entity reconsideration or protests of the order commonly controlled entities. The from having a controlling interest in of modification were timely filed. Based Bureau will evaluate any claims of more than one application to participate on the record in this matter and the commonly controlled entities prior to in the auction.’’ Further, the Commission’s decision in the Spectrum announcing the Updated Aggregated Commission determined that commonly Frontiers Fourth R&O, the Bureau Holdings Data to ensure that those controlled entities will be aggregated in concludes it is in the public interest to incumbents’ holdings are consolidated the reconfiguration process. Because modify the spectrum usage rights of where required. If any incumbents that these transactions would transfer or existing 39 GHz licenses as described are commonly controlled under a de assign to other entities spectrum rights therein. The Public Notice is being sent facto control standard do not seek that already are part of consolidated by certified mail, return receipt consolidation and we later determine holdings, the transactions would not requested, to each current 39 GHz that there is common control, they will result in any material change for licensee at the mailing address on file in be in violation of 47 CFR 1.2105(a)(3) if purposes of this process. Any 39 GHz ULS. Ultimately, any current 39 GHz they both elect to participate in the licensees that are commonly controlled licensee that chooses to accept modified auction for new licenses. entities and intend to consolidate their licenses will have its spectrum usage 19. If there are any administrative licenses so that one entity is the licensee rights modified no earlier than after corrections needed, incumbents should for the ‘‘consolidated holdings’’ should winning bidders are announced in make those administrative corrections file these transfer or assignment Auction 103. As part of the Auction 103 via ULS no later than April 15, 2019. applications as soon as possible, and no Closing Public Notice that announces Incumbents should contact the later than April 15, 2019. winning bidders, incumbent 39 GHz Commission if they discover any discrepancies in the data reflected in the B. Final Order of Modification licensees choosing to accept modified attachment that cannot otherwise be 14. In the Spectrum Frontiers Fourth licenses will be notified of the specific frequencies of their modified licenses. addressed either by making R&O, the Commission affirmed its administrative updates in ULS or by conclusion that it had the authority V. Quantifying Existing 39 GHz filing an FCC Form, and should do so under the Communications Act to Licenses as soon as possible. modify existing licenses in a manner 20. The Bureau will release the A. Current Universal Licensing System that would allow for a more efficient Updated Aggregated Holdings Data Data auction and to conduct an incentive (identifying an updated account of each auction for these bands. Specifically, it 17. The Bureau lists 39 GHz MHz- incumbent’s existing 39 GHz spectrum determined that, in order to resolve the pops holdings based on the information usage rights holdings) in the Updated 39 difficulties presented by the existing available in the public ULS in Appendix GHz Reconfiguration Procedures Public encumbered and non-contiguous B: Initial Aggregated Incumbent Notice after incumbents have had the licenses and to clear the way for Holdings. The holdings have been opportunity to make any corrections. assignment of a significant number of determined by the population covered new licenses for whole blocks with by a license within a PEA, aggregated by B. Determining Current Licensees’ contiguous frequencies within PEAs, it licensee, and consolidated for Aggregate Holdings by PEA was necessary to employ an incentive commonly controlled entities, if 21. As determined in the Spectrum auction, while offering incumbents that applicable. The Bureau uses Frontiers Fourth R&O, 2010 Census data chose not to participate in the auction ‘‘incumbent’’ to refer both to a single 39 will be used to determine the an alternative of modified 39 GHz GHz licensee and to a group of population covered by each existing 39 licenses. commonly controlled entities that hold GHz license. The two-by-two kilometer 15. The Commission explained that, 39 GHz licenses. The Bureau explains in grid cell methodology employed to because some existing licenses may this section the process by which each determine population in particular areas

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in the broadcast television spectrum geography of the PEA license due to a using the relative prices of spectrum incentive auction will be used to pre-existing RSA license that operates licenses in each PEA in other auctions’’ calculate the population for licenses for on the same channel. For encumbered to make it possible to compare MHz- RSAs and for licenses covering a full or licenses that cover partial PEAs, the pops across PEAs. Specifically, the partial PEA. MHz-pops covered by an incumbent’s Commission ‘‘direct[ed] the Wireless 22. To calculate the population using license is calculated using the grid cell Telecommunications Bureau to set the this grid cell methodology, a grid methodology applied above to the weights considering the relative PEA composed of two-by-two kilometer cells portion of the PEA the original license price data prepared for and resulting is superimposed on every PEA, with the covers geographically. The Commission from the broadcast television spectrum population contained in each cell system will aggregate an incumbent’s incentive auction, while also taking into determined by reference to the 2010 MHz-pops holdings per PEA license account any additional Commission Census and the highest concentration of area. Pursuant to the Commission’s data regarding prices for millimeter the population represented by an decision in the Spectrum Frontiers wave spectrum licenses to the extent internal point located in each cell. For Fourth R&O, any licenses that cover at practicable.’’ each contiguous part of the country (i.e., least 99% of the MHz-pops in a PEA 27. The Bureau proposes to create an the lower 48 states and the District of will be considered as having the index using the weighted average of Columbia; Alaska; Hawaii; Puerto Rico; equivalent of an unencumbered whole relative price indices for Auctions 102 U.S. Virgin Islands; American Samoa; block prior to the reconfiguration (24 GHz), 1002 (600 MHz), and 97 and Guam and the Commonwealth of process. Appendix B provides holdings (AWS–3). For Auction 1002, the the Northern Mariana Islands) a two-by- data for each incumbent based on the broadcast incentive auction, the two kilometer grid will be created using current license data in ULS. Commission used an index that an equal-area map projection, similar to considered relative prices from Auction the methodology used in the Mobility C. Consolidation of Aggregated Holdings 66 (AWS–1), Auction 73 (700 MHz), and Fund II Challenge Process except using for Commonly Controlled Entities Auction 97 (AWS–3). The Bureau two square kilometer cells rather than 24. In the Spectrum Frontiers Fourth proposes to include prices for PEA one square kilometer cells. See R&O, the Commission decided that, as licenses from Auction 1002 (600 MHz) Appendix A for more information on part of this aggregation process, it would in the index since those prices are now how the grid is created; see Appendix treat separate licenses held by entities available. B for the total number of pops in each that control or are controlled by each 28. Auction 102 will be the first PEA resulting from using this other and/or have controlling ownership Commission auction with a nationwide methodology. The total population interests in common (‘‘commonly inventory of millimeter wave spectrum contained in a PEA is then calculated by controlled entities’’) as being held by a to be held prior to Auction 103, which summing the population of each grid single entity. Ownership data on file in leads the Bureau to conclude that it will cell (or portion thereof) encompassed by ULS indicate two groups of commonly be helpful to incorporate Auction 102 a PEA’s geographic area. controlled entities that are listed on a data into the index. Although Auction 23. When calculating an incumbent’s consolidated basis as a single incumbent 102 may not have concluded by the time current holdings, the Commission will in Appendix B. In evaluating the the index of relative PEA weights is aggregate each incumbent’s holdings existing ownership structures reflected needed for the reconfiguration of into 100 megahertz blocks by PEA. in existing 39 GHz licensees’ filings existing 39 GHz license rights, the Using the grid cell methodology, for with the Commission, the following Bureau proposes to use prices as licenses that cover the full geography of licensees are under common control: available in Auction 102 provided that the PEA without encumbrances (‘‘full Cellco Partnership and Straight Path the bidding is sufficiently far along as to PEA blocks’’), this calculated total Spectrum, LLC (controlled by parent provide a reasonable indicator of population of the PEA is applied to the company Verizon Communications, relative prices across PEAs. Specifically, relevant block(s). In the Spectrum Inc.); and Alascom, Inc., FiberTower the Bureau proposes to use Auction 102 Frontiers 4th NPRM, the Commission Spectrum Holdings LLC, and Teleport prices as of the last feasible point to do explained that there are two types of Communications, LLC (controlled by so prior to release of the Updated 39 encumbered licenses: (1) RSA licenses parent company AT&T Inc.). The GHz Reconfiguration Procedures Public that do not conform to PEA boundaries; Bureau has listed all holdings for these Notice. To ensure that bidding in and (2) PEA licenses that are not entities under a name representing the Auction 102 is sufficiently advanced by authorized to provide service in the consolidated incumbent. the time the index is needed, the Bureau entire PEA, i.e., licenses that overlap 25. Existing 39 GHz licensees that are proposes to require that a measure of geographically with pre-existing RSA commonly controlled entities may overall activity in the auction is low. licenses whose frequency assignment choose to consolidate their existing That is, the Bureau proposes that the they must protect. In the Spectrum licenses with a single license holder percentage of bidding units for which Frontiers Fourth R&O, the Commission prior to the Initial Commitment process. demand exceeds supply relative to the defined a ‘‘partial PEA block’’ as a 100 Any such 39 GHz licensees that are total number of bidding units of all of megahertz channel block that covers a commonly controlled entities and the licenses in the auction is no greater smaller population than the entire intend to consolidate their licenses than 20%. population in that PEA, or to an under one entity should file these 29. Given price per MHz-pops data for incumbent’s voucher in a PEA for transfer or assignment applications as Auctions 1002 and 97, and assuming for purposes of the auction that is less than soon as possible, and no later than April this purpose the availability of Auction the weighted MHz-[p]ops for the full 15, 2019. 102 data, the Bureau proposes to PEA.’’ These partial blocks could result construct an index by first (i) converting from circumstances such as Rectangular D. Methodology for Setting Relative all data to a PEA basis, (ii) computing Service Area (RSA) licenses that do not Weights for Spectrum Holdings by PEA an average price for each PEA in each match the PEA boundaries, or partial 26. The Commission directed that auction, (iii) calculating a relative price PEA licenses, in which the licensee ‘‘the MHz-[p]ops in each PEA will be index value for each PEA in each cannot operate throughout the entire weighted using an index calculated auction, and (iv) taking a weighted

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average of index values, weighting the average calculation (iv) above. This reconfigure incumbent holdings. This Auction 102 data more heavily to reflect alternative methodology would not Public Notice describes the optimization that the auction is more recent and that consider the data from earlier auctions and reconfiguration. Appendix A the millimeter wave spectrum in of lower band spectrum licenses other provides additional details for Auction 102 is more comparable to the than in the regression for imputing implementing the reconfiguration, frequency bands available in Auction Auction 101 prices. The Bureau seeks including the mathematical formulation 103. This will create the index for comment on whether it should weight of the optimization. The Commission weighting the MHz-pops in each PEA. Auction 102 relatively more heavily further directed the Bureau to announce Finally, the Bureau will (v) calculate the than Auction 101. The Bureau seeks the methodology and process for each weighted MHz-pops for a block in a PEA comment on all elements of its primary incumbent to propose alternative by multiplying the unweighted MHz- proposal, the alternatives mentioned, reconfigurations. At the same time, the pops times the index value for the PEA and any other approaches to Commission directed the Bureau to and normalizing the results if necessary. determining an index of PEA weights. announce the process for each 30. The Bureau’s proposed approach incumbent to elect how to proceed. That E. Combined Incumbent Holdings would not incorporate price data from process is addressed in the Public Auction 101, the only other auction of 34. The Commission decided in the Notice, as well as in Appendix D. UMFUS licenses to date, into the index. Spectrum Frontiers Fourth R&O that 37. Prior to reconfiguration, the The inventory for Auction 101 consists each incumbent’s 39 GHz license Commission already will have: (1) of a partial set of mostly smaller, less holdings would be treated on a Quantified the holdings provided by densely populated markets licensed on combined basis, whether aggregated by each existing license within each PEA a county basis, in contrast to the other PEA for an individual licensee or in terms of MHz-pops; (2) aggregated auctions the Bureau proposes to use that aggregated and consolidated by PEA for (and, where applicable, consolidated) include licenses for larger geographic commonly controlled entities that are the holdings of incumbents; and (3) areas available on a nationwide basis. treated as a single incumbent. Subject to determined weights for MHz-pops in Further, the Bureau proposes not to use specified constraints, these combined each PEA so that a single weighted data from Auctions 66 and 73 even holdings could be redistributed across MHz-pop can be considered a consistent though they were included in the index PEAs, while maintaining the total unit across different PEAs. An for Auction 1002, using instead prices weighted MHz-pops as part of the incumbent’s quantified and aggregated from more recent auctions. reconfiguration process that might lead holdings in a PEA can be described in 31. The Bureau seeks comment on to modified licenses. Furthermore, the terms of the number of equivalent new this proposed approach. In particular, Commission decided that these licenses in the PEA by dividing the the Bureau seeks comment on the combined holdings could be holdings in a PEA by the MHz-pops specific auctions for which it will redistributed across PEAs in Round associated with a new license in that include data in the index, and whether Zero before the start of bidding in PEA. This division could be done with we should use all available data from Auction 103, again subject to specified either weighted or unweighted MHz- each auction. The Bureau further asks constraints, to determine the incentive pops, since the same weight will apply for input on the relative weights it will payment amounts based on holdings in to MHz-pops of both existing holdings use in the weighted average in step (iv) each PEA. and new licenses. The Commission will above. Should the Bureau weight 35. Once the combined holdings are use weighted MHz-pops, as any Auction 102 relatively more heavily redistributed by weighted MHz-pops remainder quantity representing the than the lower bands, and if so, what across PEAs, incumbent holdings in a equivalent of a partial PEA license will weights are preferred? particular PEA may no longer be clearly be subject to being transferred to other 32. As an alternative, the Bureau derived from any particular existing PEAs in the reconfiguration. The result could use a statistical regression license or, in the case of consolidated will equal the number of whole and approach to impute prices for those licensees, from any particular existing partial new licenses in that PEA that PEAs for which no inventory was licensee. Consequently, the Bureau will would provide spectrum usage rights available in Auction 101 and, issue modified licenses based on equivalent to the incumbent’s consequently, for which no results are reconfigurations of combined holdings aggregated holdings in that PEA under available. Under this alternative, the to a single incumbent licensee, even in an incumbent’s existing 39 GHz Bureau would use Auction 101 prices in the case of consolidated holdings held licenses. the available markets as the dependent by a group of incumbents that are A. Reconfigurations Proposed by the variable in a regression model that commonly controlled entities. Likewise, Commission includes as explanatory variables prices the Commission will make a single from the two lower band auctions that incentive payment for relinquished 38. The Commission directed the would be included in the Bureau’s combined spectrum usage rights, Bureau to reconfigure 39 GHz holdings primary proposal as well as other regardless of the number of licenses of incumbent licensees. Subject to characteristics (e.g., income and relinquished or, in the case of specified constraints, the Commission population). This approach, which is consolidated holdings of a group of will implement the reconfiguration described in Appendix C, could enable incumbents that are commonly using a mathematical optimization. The us to make use of the existing price controlled entities, the number of optimization will consider all possible information available from Auction 101 licensees relinquishing licenses. ways to reconfigure the incumbent’s without creating a bias that using only holdings equivalent to a partial PEA data from smaller markets could VI. Reconfiguring Aggregated 39 GHz license such that in the reconfiguration, introduce. Holdings for Modified Licenses the incumbent will have at most a single 33. Under this alternative, the Bureau 36. In the Spectrum Frontiers Fourth modified partial PEA license while would construct the index in the Public R&O, the Commission directed the keeping constant the incumbent’s total Notice but using an average of the Bureau to determine the best weighted MHz-pops, and then choose Auction 101 index values and Auction methodology for implementing a the reconfiguration that minimizes the 102 index values, in the weighted mathematical optimization to unassigned weighted MHz-pops in the

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PEA with a partial PEA license. In a remaining unassigned weighted MHz- license for a partial PEA in exchange for PEA where an incumbent has aggregated pops. an incentive payment. An incumbent holdings that would result in a modified exercising this option will not be C. Reconfigured Holdings Equivalent to license for a partial PEA, the eligible to bid for licenses in Auction a Partial PEA optimization either will increase the 103, in contrast to an incumbent that incumbent’s holding to a full PEA 40. In the Spectrum Frontiers Fourth commits to relinquishing all its license, decrease the holding to zero, or R&O, the Commission determined that spectrum usage rights pursuant to for at most one PEA, assign weighted any modified license would be for 100 existing 39 GHz licenses. MHz-pops that will result in a partial megahertz, the complete bandwidth of a 44. An incumbent with reconfigured PEA license, as needed to maintain the new license. Accordingly, the single holdings that will result in a full PEA incumbent’s total combined holdings. modified license for a partial PEA that license due to reconfigured de minimis Among the reconfigurations that meet an incumbent may receive would be a rounding, may either accept a modified these criteria, the Commission will license for a part of the geographic area license for the full PEA or relinquish the propose the reconfiguration that assigns covered by a new license. Such licenses pre-rounding holdings. In other words, any modified license for a partial PEA are ‘‘partial’’ in relation to the incentive payments will not be based on in the PEA with the fewest remaining geography of a full PEA covered by a holdings rounded by reconfigured de unassigned weighted MHz-pops. Taking new license. Within the reduced minimis rounding. For example, if the into account the process for determining coverage area set by its boundaries, a partial PEA holding was .96 (covering the geography of the modified partial ‘‘partial’’ PEA license provides the same 96% of pops in the PEA), the incumbent PEA license, and as detailed in rights that a new license provides in the could elect to either receive a modified Appendix A, the PEA with the partial full PEA. license in that PEA that would cover the PEA license is the one that contains the 1. Rounding entire PEA, or it could choose to smallest number of weighted MHz-pops relinquish that partial holding for 96% left unassigned after subtracting the 41. The Commission concluded in the of the final clock phase price in the MHz-pops for the area covered by the Spectrum Frontiers Fourth R&O that, if auction. modified license. As described in the an incumbent’s holdings in a PEA after reconfiguration are equivalent to less 3. Boundaries of Modified Licenses for Public Notice, and pursuant to the Partial PEAs Spectrum Frontiers Fourth R&O, the than a full new license yet would cover reconfiguration will also take into so much of the PEA’s population that 45. The Commission decided in the account whether the incumbent’s the remaining uncovered portion should Spectrum Frontiers Fourth R&O that the holdings would leave only a de minimis be considered de minimis, the geographic boundaries of a modified percentage of a whole new license incumbent should be assigned a license for a partial PEA will be unassigned and therefore the holdings modified license that covers the full determined by adjusting the would be rounded up and a modified PEA. incumbent’s currently licensed area in license based on the holdings would be 42. The Commission set this de the PEA. The Commission specified that equivalent to a whole new license, minimis threshold at 5% and directed ‘‘[t]he proposed geographic boundaries leaving no white space. the Bureau to determine whether it for the partial PEA block will be as should be increased up to 10%. The similar as possible to the incumbent’s B. Alternative Reconfigurations Bureau tentatively concludes that it original holdings in that PEA, Proposed by Incumbents should increase the de minimis recognizing that the remaining partial 39. Commission directed the Bureau threshold to 10%. Accordingly, an PEA block may cover a larger or smaller to announce a methodology and process incumbent would receive a modified percentage of pops than the existing by which each incumbent may propose license for a full PEA if it has license.’’ The Bureau describes here the an alternative reconfiguration plan, reconfigured holdings in the PEA that proposed methodology that will be used provided that it satisfies certain would cover 90% or more of the PEA to determine these geographic conditions. To be an acceptable population. In other contexts, the boundaries for a partial PEA, whether it alternative reconfiguration, the Commission previously has found that resulted from a Commission incumbent’s plan must satisfy the service area extensions of more than reconfiguration proposal or an following constraints: The incumbent’s 10% were acceptable. The Bureau acceptable alternative submitted by the combined total MHz-pops holdings are believes that this approach will incumbent. An incumbent will not kept constant; for every PEA but one, maximize the number of full PEA choose the geographic boundaries of a the incumbent’s updated aggregate licenses, and based on its experience the modified license for a partial PEA. The holdings in the PEA are reduced down Bureau believes that the benefits of Commission’s process will determine to the greatest integer less than or equal offering modified licenses for the full the geographic boundaries of the to the incumbent’s updated aggregate PEAs now clearly outweigh the benefits modified license even though the holdings in the PEA or increased up to of offering separate licenses that cover incumbent selects the PEA when it the least integer greater than or equal to less than 10% of the PEA population, submits an acceptable alternative its updated aggregate holdings in the which would likely attract few, if any reconfiguration. The precise geographic PEA; and for a single PEA in which the significant bids. The Bureau seeks boundaries of a modified license for a incumbent has final aggregate holdings comment on this tentative conclusion. partial PEA will be determined only equivalent to a partial PEA license, its after an incumbent makes its Initial holdings are increased to less than the 2. Option To Relinquish Commitment. equivalent of a new license, as needed 43. The Commission decided in the 46. An incumbent may have multiple to maintain the incumbent’s combined Spectrum Frontiers Fourth R&O that an licenses in any one PEA and it is holdings. Unlike the Commission’s incumbent that commits to accept possible that the incumbent’s licenses in reconfiguration proposal, an modified licenses that include a the PEA together cover the full incumbent’s alternative reconfiguration modified license for a partial PEA may geography of the PEA. This can happen need not locate any modified license for choose to relinquish only the spectrum with even a single license for less than a partial PEA in the PEA with the fewest usage rights relating to the modified 100 megahertz in the PEA, if the

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incumbent currently holds 50 megahertz not named in a submitted FCC Form to: (1) Propose an alternative across the full PEA. To determine the 175–A or that does not make an Initial reconfiguration as the basis for modified geographic boundaries of a modified Commitment for any reason will be licenses with respect to all 39 GHz license for a partial PEA, the system will considered to have committed to licenses held by the listed licensees; (2) first determine the incumbent’s current accepting modified licenses based on commit the listed licensees to accept geographic coverage as the union of any the Commission’s proposed modified licenses as part of an Initial two-by-two kilometer grid cells reconfiguration (Option 1), including Commitment; (3) relinquish spectrum included in any of the incumbent’s any modified license for a partial PEA, usage rights that would comprise a existing licenses for the PEA. The and may not apply to bid for licenses in modified partial PEA license in boundaries of this starting coverage area Auction 103. exchange for an incentive payment; (4) will be mapped over the same two-by- 49. The Commission will reserve a commit the listed licensees to two kilometer grid cells previously used quantity of Upper 37 GHz and 39 GHz relinquishing all the spectrum usage to estimate the population of the PEA. spectrum blocks in each PEA sufficient rights pursuant to all existing 39 GHz The population of all grid cells whose for any modified licenses that licenses held in exchange for an internal points fall within the boundary incumbents commit to accept. The incentive payment; (5) redistribute the of this coverage area will constitute the quantity of spectrum blocks in these holdings of the listed licensees in baseline population covered by a bands remaining in each PEA then will Round Zero of the auction; and (6) in modified license for a partial PEA. be available to be assigned as new any application with more than one 47. The process then will add (or, in licenses in Auction 103. listed licensee, designate one of the the case that the population in the 50. The final changes to the commonly controlled entities to receive coverage area exceeds the reconfigured incumbents’ licenses, whether any incentive payment. holdings, subtract) two-by-two modifications or cancellations based on 53. Rule Prohibiting Certain kilometer grid cells adjacent to this voluntary relinquishment, will occur Communications. Any incumbent 39 coverage area within the PEA until after winning bidders are announced in GHz licensee listed in an FCC Form arriving at the population as close to the Auction 103. Nevertheless, the 175–A will be considered to be an MHz-pops value of the incumbent’s incumbents will be bound to fulfill their applicant in Auction 103 for purposes of reconfigured holdings in the PEA as Initial Commitments following the § 1.2105(c) beginning on the deadline possible while not being under. If announcement of winning bidders in for filing FCC Form 175–A. Section including (or removing) an entire layer Auction 103. 1.2105(c)(1) of the Commission’s rules of grid cells (i.e., all two-by-two A. Incumbent 39 GHz Licensee Short- provides that, subject to specified kilometer grid cells within the PEA that Form Application exceptions, after the application filing are immediately adjacent to this deadline, ‘‘all applicants are prohibited coverage area) would exceed the new 51. Each incumbent will use the 39 from cooperating or collaborating with target population value for this partial GHz Incumbent Licensee Short-Form respect to, communicating with or PEA holding, then grid cells will be Application (FCC Form 175–A) to disclosing, to each other or any added (or removed) such that the provide identifying information, nationwide provider [of population of the cells is as close as information for a contact person communications services] that is not an possible to the value of the reconfigured regarding the application, the FCC applicant, or, if the applicant is a holdings without going under. If Registration Numbers (FRNs) of all nationwide provider, any non- multiple combinations of grid cells individual licensees represented nationwide provider that is not an could yield the same outcome, the through the application, up to three applicant, in any manner the substance optimization will randomly choose one Initial Commitment Representative(s), of their own, or each other’s, or any grid cell over the other. The Bureau and required certifications. The other applicants’ bids or bidding seeks comment on this proposed applicant may name up to three strategies (including post-auction process. individuals as Initial Commitment market structure), or discussing or Representatives authorized to make an negotiating settlement agreements, until VII. Initial Commitments Initial Commitment regarding the after the down payment deadline. . .’’ 48. The Commission will announce combined holdings of the 39 GHz 54. Auction 103 bidding will have the timeline for the Initial Commitment licensees represented through the significant consequences for incumbent process at the same time it announces application. The Bureau will make 39 GHz licenses that relinquish its proposed reconfiguration of 39 GHz available instructions and other spectrum usage rights. Bidding for new license holdings for each incumbent. educational materials prior to the licenses in Auction 103 will determine The timeline will include a window for opening of the FCC Form 175–A filing the amounts of incentive payments for filing the Incumbent 39 GHz Licensee window. relinquished spectrum usage rights as Short-Form Application (FCC Form 52. Initial Commitment well as the winning bidders for new 175–A) to identify the individuals who Representatives. The required licenses. Consequently, an incumbent will have authority to act as Initial certifications will include a certification licensee will have a substantial interest Commitment Representatives for the that the applicant represents the listed in Auction 103 bids and bidding incumbent. In addition, the timeline licensees and is authorized on their strategies, even if the incumbent itself will include a deadline for a binding behalf to name the Initial Commitment does not bid for new licenses. For Initial Commitment regarding the 39 Representative(s) in the application. The example, an incumbent might want new GHz holdings of the applicable applicant must further certify that the license bidders to bid in one PEA rather incumbent. The window for filing FCC named Initial Commitment than another so as to increase the Form 175–A will open no sooner than Representative(s) are authorized to make incumbent’s related incentive payments. 30 days after the timeline is announced a binding Initial Commitment with Even before bidding for new licenses and the deadline for submitting Initial respect to all 39 GHz licenses held by begins, an incumbent might seek Commitments will be no sooner than 30 the listed licensees. To satisfy this information about bidding, or seek to days after the FCC Form 175–A filing certification, the Initial Commitment influence future bidding, when window opens. Any 39 GHz incumbent Representative(s) must have authority considering its options for its Initial

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Commitment. Accordingly, pursuant to purposes of the rule in connection with submitted by the incumbent; or (3) the Spectrum Frontiers Fourth R&O, the each auction. Because the applicable relinquish all spectrum usage rights Bureau proposes that applicants will be service rules allow a 39 GHz licensee to pursuant to the licensees’ existing 39 subject to the rule prohibiting certain provide flexible terrestrial wireless GHz licenses in exchange for an communications whether they file an services, including mobile services, the incentive payment by having the FCC Form 175–A or an FCC Form 175. Commission’s identification of licenses cancelled. To be able to bid for An incumbent interested in bidding on nationwide providers in the new licenses, an incumbent 39 GHz licenses in Auction 103 will file both. Communications Marketplace Report licensee must commit to having its Any party that is an applicant in provides reasons to identify the same existing 39 GHz licenses cancelled. Auction 103 for either purpose will be parties as nationwide providers for 60. Option 1. If an Initial Commitment prohibited from certain communications purposes of 39 GHz licenses and Representative selects the first option with any other applicant in the Auction 103. Accordingly, consistent and the modified licenses will include incentive auction, i.e., irrespective of with the procedures adopted for a license for a partial PEA, the whether the other applicant filed the Auctions 101 and 102 with respect to representative may choose either to same or different forms for purpose of millimeter wave bands, the Bureau keep the modified license for a partial participating in the auction. identifies AT&T, Sprint, T-Mobile, and PEA or to relinquish the spectrum usage 55. The rule would apply to a covered Verizon Wireless as ‘‘nationwide rights for the partial PEA license in incumbent from the deadline for filing providers’’ for the purpose of exchange for an incentive payment. If FCC Form 175–A regardless of whether implementing its competitive bidding the representative elects to keep the the incumbent ultimately relinquishes rules in Auction 103, including modified partial PEA license, the de spectrum usage rights. Being listed on § 1.2105(c), the rule prohibiting certain minimis rounding rules will apply, an FCC Form 175–A is a prerequisite to communications. potentially rounding the partial PEA relinquishing spectrum usage rights in 58. SecurID® tokens. Initial block up to a modified license for a full Auction 103 just as FCC Form 175 is a Commitment Representatives will PEA block. In the case of a prerequisite to bidding on new licenses choose an Initial Commitment option relinquishment, the reconfiguring in Auction 103. Any incumbent 39 GHz with respect to the 39 GHz holdings of incumbent will receive an incentive licensee that is listed on an FCC Form licensees listed on the applicable FCC payment based on the actual MHz-pops 175–A is willing and able to relinquish Form 175–A and submit that choice of the relinquished holdings. The existing spectrum usage rights, even if over the internet using the Commission will provide instructions ultimately it does not do so. In contrast, Commission’s Initial Commitment subsequently regarding how a an incumbent that wants only to commit System. Each Initial Commitment representative will provide information to accept the modification proposed by Representative must have his or her regarding the account to which the the Commission may do so without own SecurID® token, which the incentive payment should be made. filing an FCC Form 175–A. In that case, Commission will provide at no charge. Only one payment will be made for the it will be deemed to have committed to An Initial Commitment Representative combined holdings of an incumbent accepting modified licenses based on cannot access the Initial Commitment even when the incumbent is a group of the Commission’s proposed System without his or her SecurID commonly controlled entities that hold reconfiguration and to keeping any token. For security purposes, the 39 GHz licenses. modified partial PEA license. As only SecurID® tokens will be mailed only to 61. Option 2. An Initial Commitment incumbent 39 GHz licensees may be the contact person at the contact address Representative also may use the Initial represented through an FCC Form 175– listed on the FCC Form 175–A. Commitment system to submit an A, the parties subject to the prohibition SecurID® tokens issued for other acceptable alternative reconfiguration. based on that form will be limited and auctions or obtained from a source other To ensure that the alternative easily known. Moreover, the Bureau than the Commission will not work for reconfiguration meets the necessary will identify applicants and listed Initial Commitments. Incumbents that requirements, where an incumbent has licensees on FCC Form 175–A and/or also file FCC Form 175 to bid for new weighted MHz-pops quantities applicants filing FCC Form 175 by licenses in Auction 103 should refer to equivalent to a partial PEA, the Initial public notice subsequent to the the procedures that will be established Commitment System will allow the respective filing deadlines for the forms. in other public notices for information representative to round those holdings 56. The Commission will detail the regarding SecurID® tokens for the either down to the greatest integer less operation of the prohibition in future authorized bidders they identify on the than or equal to the incumbent’s public notices setting forth the detailed FCC Form 175. updated holdings or up to the least procedures for Auction 103. Interested integer greater than or equal to the parties seeking additional guidance B. Initial Commitment Options incumbent’s updated holdings, for all prior to the release of those future 59. An Initial Commitment but one of those PEAs. public notices may consult the Representative may access the Initial 62. The system will notify the analogous Auction 101 and 102 Commitment System after activating his representative if choices made are not Procedures Public Notice, past public or her own SecurID® token. In the Initial consistent with leaving at most one PEA notices providing guidance with respect Commitment System, the Initial with the equivalent of a partial PEA to the rule, and the authorities listed on Commitment Representative will license. For example, if the the Commission’s website. commit the represented 39 GHz representative has indicated that it 57. The rule prohibiting certain incumbent licensees to one of three wishes to round down holdings communications prohibits those Initial Commitments: (1) Accept equivalent to partial PEA licenses in all communications between applicants modified licenses based on the but one PEA, and the remaining and nationwide providers, regardless of Commission’s proposed reconfiguration weighted MHz-pops would increase whether those nationwide providers are of the 39 GHz holdings of the those holdings in the remaining PEA to applicants in the auction. The operation incumbent(s); (2) accept modified more than a full PEA license, the system of the rule requires that the Commission licenses based on a submitted will require the representative to identify nationwide providers for acceptable alternative reconfiguration readjust its holdings.

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63. Once the representative has in the incumbent’s updated aggregated the auction but not cancel these provided input that leads to an holdings by PEA, starting with the incumbents’ authorizations on their acceptable alternative reconfiguration, it lowest numbered PEA. original frequencies to allow for a may ‘‘submit’’ the reconfiguration and 66. The Commission will provide limited transition period. The Bureau commit the represented 39 GHz instructions subsequently regarding will cancel their original authorizations incumbent licensees to accept modified how a representative will provide only after the transition has been made licenses based on the submitted information regarding the account to to the new frequencies or when the acceptable alternative reconfiguration. If which the incentive payment should be original frequencies are needed for new the modified licenses would include a made. Only one payment will be made licenses, whichever is sooner. If an license for a partial PEA, the for the combined holdings of an incumbent choosing to have its licenses representative may choose either to incumbent even when the incumbent is modified is moving to frequencies keep that license or to relinquish the a group of commonly controlled entities where another incumbent with modified spectrum usage rights for it in exchange that hold 39 GHz licenses. licenses holds its original licenses, the for an incentive payment. If the 67. Appendix D provides additional Bureau will need to ensure only one representative elects to keep the description of the Initial Commitment authorization is active. In this case, the modified partial PEA license, the de System details. The Bureau will provide Commission would develop a plan to minimis rounding rules will apply, additional information and educational accommodate the transition of both potentially rounding the partial block materials regarding the Initial incumbents, which may include up to a modified license for a full block. Commitment System in advance of the granting Special Temporary If the representative elects to relinquish opening of the Initial Commitment Authorizations (STAs) to effectuate the the partial block, the reconfiguring submission window. transition. The Commission may also incumbent will receive an incentive C. Transition for Existing 39 GHz consider granting STAs if an payment based on the actual MHz-pops Licenses incumbent’s transition to its new of the relinquished holdings. The modified frequencies has not been Commission will provide instructions 68. Each 39 GHz existing licensee will completed before the Commission is subsequently regarding how a hold its existing licenses until after the ready to grant new licenses in the same representative will provide information announcement of winning bidders for frequencies. regarding the account to which the new licenses. The incumbent’s binding 71. For an incumbent that commits to incentive payment should be made. Initial Commitment then will be put relinquish all 39 GHz spectrum usage Only one payment will be made for the into effect as part of the post-auction rights in exchange for an incentive combined holdings of an incumbent transition. payment (Option 3), the Bureau will even when the incumbent is a group of 69. For an incumbent with an Initial cancel the licenses providing the commonly controlled entities that hold Commitment to accept modified relinquished spectrum usage rights after 39 GHz licenses. licenses (Options 1 or 2), the modified the winning bidders are announced in 64. Option 3. Finally, an Initial licenses will be assigned after winning Auction 103. This will make associated Commitment Representative may select bidders are announced in Auction 103. spectrum available for authorization for the third option and commit the The Initial Commitment will be made licenses under the new band plan, i.e., represented 39 GHz incumbent based on an applicable reconfiguration modified licenses and new licenses won licensees to relinquish all spectrum of the incumbent’s combined holdings, at auction. The Bureau recognizes that, usage rights under their existing 39 GHz so the number and PEA location of all if these incumbents have existing licenses in exchange for an incentive the modified licenses will be known at operations at the time of the close of the payment and having the existing the time of the Initial Commitment. auction, they will need a transition licenses cancelled. To be able to bid in However, the geographic boundaries of period to continue to operate after their the auction for new licenses, an any modified license for a partial PEA existing licenses are canceled and before incumbent must commit to cancelling will be determined only after the Initial their new licenses are issued (or until all its existing 39 GHz licenses. If the Commitments. Moreover, frequencies they can transition existing operations representative chooses the third option, for modified licenses can be assigned to other spectrum bands in which they the system will give the representative only after the assignment phase of the hold licenses). This transition period an opportunity during the Initial auction. will be accommodated through Special Commitment process to reallocate, 70. Incumbents that will be assigned Temporary Authorizations (STAs). within constraints, any updated modified licenses already have existing 72. STA Process. Incumbents that aggregated holdings per PEA that are licenses in the PEA and may be able to have existing operations and need equivalent to a partial PEA license in transition any existing operations to continuing authority to operate as they the Round Zero process. new frequencies (or geographic areas in transition to new frequencies can apply 65. In Round Zero, the Initial the case of licenses that either covered for an STA, if needed, to ensure Commitment Representative may or now cover only part of a PEA) before continuity of service. An incumbent reallocate the incumbent’s updated any new licenses are granted, as new will need to explain in its STA request aggregated holdings per PEA that are licenses won pursuant to Auction 103 the nature of its existing operations and equivalent to a partial PEA license will not be issued until after post- identify how much time for transition it among the PEAs in which it has such auction payments are made and license needs and/or why it was unable to holdings. The reallocation will be done applications are accepted and reviewed. complete the transition in the initial by transferring weighted MHz-pops The Bureau will support this transition time allotted (if applicable). Any STAs among eligible PEAs. If the reallocation by designating the time period after the granted will authorize the incumbent to does not use all of the weighted MHz- close of the auction and before new operate only on a secondary, non- pops available, the system will permit licenses are granted as the transition interfering basis, and only up to 180 the representative to submit the period for incumbents receiving days. These STAs will be issued on a proposed reallocation and will modified licenses to make the secondary, non-interfering basis, and automatically apportion any unused transition. Specifically, the Bureau will therefore new licensees in these weighted MHz-pops to the partial PEAs issue modified licenses after the close of frequencies have primary operating

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authority. Although these STAs will be 75. An incumbent 39 GHz licensee to make binding Initial Commitments secondary, incumbents should have sole with winning bids for new licenses in through the Commission’s Initial use of the frequencies authorized for a the auction must make any required Commitment System. It also describes period of time because the Commission winning bid payments before the the process by which an incumbent 39 will not be able to grant its first set of Commission will process its application GHz licensee will have an opportunity new licenses immediately after the for new licenses. Pursuant to section to make a binding Initial Commitment auction closes, due to the additional 309(j)(4)(A) of the Communications Act, through the Commission’s Initial time required for application the Commission may use alternative Commitment System to (1) have its submission, payments, and the petition payment schedules and methods of licenses modified based on the to deny period, among other things. calculation in competitive bidding to Commission’s proposed reconfiguration These STAs will not be renewed absent promote economic opportunity and of its license holdings (and forgo extraordinary circumstances. competition by avoiding excessive bidding for new licenses in Auction Incumbents that need additional time to concentration of licenses and by 103); (2) have its licenses modified transition also have the option to disseminating licenses among a wide based on an acceptable alternative negotiate leases or other arrangements variety of applicants. In the Spectrum reconfiguration that the incumbent with the new licensee(s) authorized to Frontiers Fourth R&O, the Commission proposes, provided that it satisfies operate in those frequencies. The found that assigning as much spectrum certain specified conditions (and forgo Bureau will provide the filing deadline as possible through the auction serves bidding for new licenses in Auction for these types of STA requests in the the public interest and that enabling 103); or (3) commit to relinquish its Auction 103 Closing Public Notice incumbents to retain equivalent rights licenses in exchange for an incentive announcing winning bidders. without any additional payments would payment and have its licenses encourage them to relinquish spectrum cancelled, with the ability to bid for D. Incentive Payments usage rights under existing licenses. new licenses if it so chooses. 73. Each incentive payment will be Accordingly, the Commission will 78. The Public Notice is intended to determined based on an incumbent’s process applications for new licenses provide notice of and opportunity for weighted MHz-pops holdings in a PEA after collecting winning bids, net of any interest parties to comment on the after Round Zero and the final clock winning bidder’s expected incentive procedures described. The proposed phase price for a spectrum block in the payment so long as such treatment of procedures in the Public Notice same PEA at the close of the clock phase the incentive payment is consistent with constitute the more specific of the auction. The Commission will Federal financial management implementation of the decisions make a single incentive payment with principles and guidance. contemplated by the underlying rulemaking orders, including the respect to an incumbent’s combined VIII. Supplemental Initial Regulatory holdings relinquished in the incentive Spectrum Frontiers Orders and relevant Flexibility Analysis competitive bidding orders, and are auction. The Bureau tentatively 76. As required by the Regulatory fully consistent with those decisions. concludes that such single payment may Flexibility Act of 1980, as amended The Commission welcomes comment on be directed only to one of the commonly (RFA), the Commission has prepared all aspects of the process and controlled entities; the Bureau seeks this Supplemental Initial Regulatory specifically seeks comment on the comment on whether there is a need to Flexibility Analysis (Supplemental following: permit the designation of a commonly IRFA) of the possible significant • A methodology for setting weights controlled entity that does not already economic impact on small entities of the to apply to spectrum holdings in hold a 39 GHz license. The Bureau will policies and rules addressed in this different Partial Economic Areas (PEAs); provide instructions in a later public Public Notice to supplement the • The de minimis standard for notice regarding how a representative Commission’s Initial and Final reconfigured holdings that cover most for the incumbent, which may be a Regulatory Flexibility Analyses but not all of a PEA; and group of commonly controlled entities completed in the Spectrum Frontiers • How to determine the geographic that hold 39 GHz licenses, will provide Fourth R&O, Spectrum Frontiers Orders, scope of modified licenses, if any, that information regarding the account to and other Commission orders pursuant cover less than a full PEA. which the incentive payment should be to which Auction 103 will be 79. Legal Basis. The Commission’s made. conducted. Written comments are statutory obligations to small businesses 74. Although, in general, winning requested on this Supplemental IRFA. under the Communications Act of 1934, bidders must pay their winning bids in Comments must be identified as as amended, are found in sections full within approximately one month responses to the Supplemental IRFA 309(j)(3)(B) and 309(j)(4)(D). The after release of the public notice and must be filed by the deadline for statutory basis for the Commission’s announcing the close of an auction, filing comments as specified in the competitive bidding rules is found in winning bid payments are recognized as Public Notice. The Commission will various provisions of the auction proceeds available to be shared send a copy of the Public Notice, Communications Act of 1934, as as incentive payments only when the including the Supplemental IRFA, to amended, including 47 U.S.C. 154(i), licenses associated with winning bid the Chief Counsel for Advocacy of the 301, 302, 303(e), 303(f), 303(r), 304, 307, payments are granted. Until then, the Small Business Administration (SBA). and 309(j). The Commission has Commission holds winning bid 77. Need for, and Objectives of, the established a framework of competitive payments and will not disburse them. Proposed Rules. The Public Notice bidding rules, updated most recently in Accordingly, cash incentive payments explains how the Bureau proposes to 2015, pursuant to which it has will be made only after sufficient funds implement the steps described in the conducted auctions since the inception are available for disbursement, i.e., Spectrum Frontiers Fourth R&O to of the auction program in 1994 and winning bids have been paid and reconfigure incumbents’ 39 GHz would conduct Auctions 103. applications for new licenses related to licenses to better match the new 39 GHz 80. Description and Estimate of the those bids have been reviewed and band plan and service rules adopted by Number of Small Entities to Which the granted. the Commission and allow incumbents Proposed Rules Will Apply. The RFA

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directs agencies to provide a description 84. The Bureau does not expect that 87. Federal Rules that May Duplicate, of, and, where feasible, an estimate of the reconfiguration and Initial Overlap, or Conflict with the Proposed the number of small entities that may be Commitment processes and procedures Rules. None. affected by the proposed rules and will require small entities to hire IX. Ordering Clauses policies, if adopted. The RFA generally attorneys, engineers, consultants, or defines the term ‘‘small entity’’ as other professionals because the 88. It is ordered that, pursuant to having the same meaning as the terms information necessary to comply with sections 309 and 316 of the ‘‘small business,’’ ‘‘small organization,’’ these processes and procedures should Communications Act of 1934, as and ‘‘small governmental jurisdiction.’’ be available and maintained as part of amended, 47 U.S.C. 309, 316, and the In addition, the term ‘‘small business’’ the customary and usual business or authority delegated in the Spectrum has the same meaning as the term private practice of all incumbent 39 GHz Frontiers Fourth R&O, FCC 18–180, and ‘‘small business concern’’ under the licensees. 47 CFR 0.271, 0.331, the licenses of all Small Business Act. A ‘‘small business 85. Steps taken to Minimize 39 GHz band licensees are hereby concern’’ is one which: (1) Is Significant Economic Impact on Small modified as specified in the Spectrum independently owned and operated; (2) Entities, and Significant Alternatives. Frontiers Fourth R&O and further is not dominant in its field of operation; The RFA requires an agency to describe explained in the Public Notice. and (3) satisfies any additional criteria any significant, specifically small 89. It is further ordered that established by the SBA. business, alternatives that it has applications for transfers or assignments 81. Regulatory Flexibility Analyses considered in reaching its proposed of 39 GHz licenses other than pursuant were incorporated into the Spectrum approach, which may include the to the exception described in the Public Frontiers Orders and in those analyses, following four alternatives (among Notice will not be accepted during the the Commission described in detail the others): ‘‘(1) the establishment of period described in the Public Notice. small entities that might be significantly differing compliance or reporting 90. It is further ordered that a copy of affected. Accordingly, in this Public requirements or timetables that take into the Public Notice, including the Notice, the Bureau hereby includes by account the resources available to small Supplemental Initial Regulatory reference the descriptions and estimates entities; (2) the clarification, Flexibility Analysis, shall be sent to the of the number of small entities from the consolidation, or simplification of Chief Counsel for Advocacy of the Small previous Regulatory Flexibility compliance and reporting requirements Business Administration. Analyses in the Spectrum Frontiers under the rule for such small entities; Federal Communications Commission. Orders. (3) the use of performance rather than Blaise Scinto, 82. Based on the information available design standards; and (4) an exemption Division Chief. Broadband Division, Wireless in the Commission’s public Universal from coverage of the rule, or any part Telecommunications Bureau. Licensing System (ULS), the thereof, for such small entities.’’ [FR Doc. 2019–05911 Filed 3–27–19; 8:45 am] Commission estimates there are 16 86. The Commission has taken steps BILLING CODE 6712–01–P incumbent 39 GHz licensees. Of these that should minimize any economic incumbent 39 GHz licensees, the impact that the proposed Commission estimates that up to 8 reconfiguration and Initial Commitment DEPARTMENT OF TRANSPORTATION could be considered to be a ‘‘small processes and procedures may have on entity’’ under the RFA. small businesses. As an initial matter, National Highway Traffic Safety 83. Description of Projected the procedures only apply to incumbent Administration Reporting, Recordkeeping, and Other 39 GHz licensees. Moreover, the Compliance Requirements. The Commission has made an effort to 49 CFR Part 555 Commission designed the minimize the burden on all reconfiguration and Initial Commitment participating incumbent 39 GHz [Docket No. NHTSA–2019–0019] processes to minimize reporting and licensees, regardless of size, by limiting Hemphill Brothers Leasing Company; compliance requirements for the information collected on FCC Form Receipt of Petition for Temporary participating incumbent licensees, 175–A to that which is necessary to Exemption From Shoulder Belt including those that are small entities. enable the Commission to provide an Requirement for Side-Facing Seats on For example, incumbent 39 GHz incumbent 39 GHz licensee (or, if Motorcoaches licensees desiring to make an Initial applicable a group of commonly Commitment will need to file an controlled entities that hold 39 GHz AGENCY: National Highway Traffic Incumbent 39 GHz Licensee Short-Form licenses) with access to the Initial Safety Administration (NHTSA), Application (FCC Form 175–A), which Commitment System in order to make Department of Transportation (DOT). the Commission will use to provide an an Initial Commitment regarding ACTION: Notice of receipt of a petition for incumbent 39 GHz licensee (or, if existing 39 GHz spectrum holdings. a temporary exemption; request for applicable, a group of commonly Finally, detailed instructions and comment. controlled entities that hold 39 GHz guidance to incumbent 39 GHz licensees licenses) with access to the Initial about filing FCC Form 175–A, including SUMMARY: Hemphill Brothers Leasing Commitment System in order to make the filing deadline, will be provided in Company, LLC (Hemphill) has an Initial Commitment regarding advance of the start of the FCC Form submitted a petition, dated April 5, existing 39 GHz spectrum holdings. The 175–A filing window, and Bureau staff 2018, for a temporary exemption from a information that must be provided on will be conducting outreach to all shoulder belt requirement of Federal FCC Form 175–A is limited to that incumbents to ensure that they are Motor Vehicle Safety Standard (FMVSS) which is necessary to enable the informed of their options, thereby No. 208, ‘‘Occupant crash protection,’’ Commission to provide incumbent 39 further minimizing any burdens on for side-facing seats on motorcoaches. GHz licensees with access Initial incumbent 39 GHz licensees that desire NHTSA is publishing this document in Commitment System for purposes of to make an Initial Commitment, accordance with statutory and making their Initial Commitments. including those that are small entities. administrative provisions, and requests

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comments on the petition and this www.dot.gov/privacy. In order to for an exemption.1 Hemphill is applying notice. NHTSA has made no judgment facilitate comment tracking and on the basis that compliance with the on the merits of Hemphill’s petition, response, the agency encourages standard would prevent the except to note a few aspects of the commenters to provide their name, or manufacturer from selling a motor petition that appear not to accord with the name of their organization; however, vehicle with an overall safety level at the provisions of Part 555. submission of names is completely least equal to the overall safety level of DATES: If you would like to comment on optional. Whether or not commenters nonexempt vehicles (see 49 CFR the petition, you should submit your identify themselves, all timely 555.6(d)). A manufacturer is eligible for comment not later than April 29, 2019. comments will be fully considered. If an exemption under this basis only if FOR FURTHER INFORMATION CONTACT: you wish to provide comments NHTSA determines the exemption is for Deirdre Fujita, Office of the Chief containing proprietary or confidential not more than 2,500 vehicles to be sold Counsel, NCC–200, National Highway information, please see below. in the U.S. in any 12-month period. An Traffic Safety Administration, 1200 New Confidential Business Information: If exemption under this basis may be Jersey Avenue SE, Washington, DC you wish to submit any information granted for not more than 2 years but may be renewed upon reapplication.2 20590. Telephone: 202–366–2992; Fax: under a claim of confidentiality, you 202–366–3820. should submit three copies of your b. Receipt of Petition complete submission, including the ADDRESSES: You may submit your In accordance with 49 U.S.C. 30113 comment, identified by the docket information you claim to be confidential business information, to the Chief and the procedures in 49 CFR part 555, number in the heading of this Hemphill submitted an April 5, 2018 Counsel, NHTSA, at the address given document, by any of the following dated petition asking NHTSA for a under FOR FURTHER INFORMATION methods: temporary exemption from the shoulder CONTACT. In addition, you should • Federal eRulemaking Portal: Go to belt requirement of FMVSS No. 208 for submit a copy, from which you have http://www.regulations.gov. Follow the side-facing seats on its motorcoaches. deleted the claimed confidential online instructions for submitting The basis for the application is that business information, to Docket comments. compliance would prevent Hemphill Management at the address given above. • Fax: 1–202–493–2251. from selling a motor vehicle with an When you send a comment containing • Mail: U.S. Department of overall safety level at least equal to the information claimed to be confidential Transportation, Docket Operations, overall safety level of nonexempt M–30, Room W12–140, 1200 New Jersey business information, you should vehicles (49 CFR 555.6(d)). To view the Avenue SE, Washington, DC 20590. include a cover letter setting forth the petition (and documents Hemphill later • Hand Delivery: 1200 New Jersey information specified in our submitted amending it), go to http:// Avenue SE, West Building Ground confidential business information www.regulations.gov and enter the Floor, Room W12–140, Washington, DC, regulation (49 CFR part 512). docket number set forth in the heading between 9 a.m. and 5 p.m., Monday SUPPLEMENTARY INFORMATION: of this document.3 through Friday, except Federal Hemphill describes itself as a second- I. Background Holidays. stage manufacturer 4 organized under Instructions: All submissions must a. Statutory Authority for Temporary the laws of Tennessee. The petitioner include the agency name and docket Exemptions states that it typically receives a bus number. shell 5 from an ‘‘original manufacturer’’ The National Traffic and Motor Note that all comments received will and ‘‘customizes the Over-the-Road Bus be posted without change to http:// Vehicle Safety Act (Safety Act), codified (‘OTRB’) to meet the needs of www.regulations.gov, including any as 49 U.S.C. chapter 301, provides the entertainers, politicians, musicians, personal information provided. Please Secretary of Transportation authority to celebrities and other specialized see the Privacy Act discussion below. exempt, on a temporary basis, under customers who use motorcoaches as a NHTSA will consider all comments specified circumstances, and on terms necessity for their businesses.’’ received before the close of business on the Secretary deems appropriate, motor the comment closing date indicated vehicles from a motor vehicle safety 1 49 CFR 555.5(b)(5) and 555.5(b)(7). above. To the extent possible, NHTSA standard or bumper standard. This 2 555.8(b) and 555.8(e). will also consider comments filed after authority and circumstances are set 3 On December 26, 2018, NHTSA published a the closing date. forth in 49 U.S.C. 30113. The Secretary final rule that amended 49 CFR part 555, effective has delegated the authority for January 25, 2019, to eliminate a provision that Docket: For access to the docket to called for the agency to determine that a petition read background documents or implementing this section to NHTSA. is complete before NHTSA publishes a notice comments received, go to http:// NHTSA established 49 CFR part 555, summarizing the petition and soliciting public www.regulations.gov at any time or to Temporary Exemption from Motor comments on it (83 FR 66158). Vehicle Safety and Bumper Standards, 4 While ‘‘second-stage manufacturer’’ is not 1200 New Jersey Avenue SE, West defined in NHTSA’s regulations, the agency Building Ground Floor, Room W12–140, to implement the statutory provisions believes Hemphill is referring to a ‘‘final-stage Washington, DC 20590, between 9 a.m. concerning temporary exemptions. manufacturer,’’ which is defined in NHTSA’s and 5 p.m. Monday through Friday, Under Part 555 subpart A, a vehicle certification regulation (49 CFR part 567) as ‘‘a manufacturer seeking an exemption person who performs such manufacturing except Federal Holidays. Telephone: operations on an incomplete vehicle that it becomes 202–366–9826. must submit a petition for exemption a completed vehicle’’ (49 CFR 567.3). Privacy Act: In accordance with 5 containing specified information. 5 The petition states (p. 2) that the bus shell U.S.C. 553(c), DOT solicits comments Among other things, the petition must ‘‘generally contains the following components: set forth (a) the reasons why granting exterior frame; driver’s seat; dash cluster, from the public to better inform its speedometer, emissions light and emissions rulemaking process. DOT posts these the exemption would be in the public diagnosis connector; exterior lighting, headlights, comments, without edit, to interest and consistent with the marker lights, turn signals lights, and brake lights; www.regulations.gov, as described in objectives of the Safety Act, and (b) exterior glass, windshield and side lights with required information showing that the emergency exits; windshield wiper system; braking the system of records notice, DOT/ALL– system; tires, tire pressure monitoring system and 14 FDMS, accessible through manufacturer satisfies one of four bases suspension; and engine and transmission.’’

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Hemphill states that it ‘‘builds out the or after November 28, 2017, are required including side-facing seats, on over-the- complete interior’’ of the bus shell, to have Type 2 seat belts (lap and road buses.12 including— shoulder seat belts) at all passenger At the same time, in the November 25, roof escape hatch; fire suppression systems seating positions. 2013 final rule preamble, NHTSA (interior living space, rear tires, electrical NHTSA commenced the seat belt acknowledged that the agency had panels, bay storage compartments, and rulemaking by publishing a notice of declined to require lap/shoulder belts generator); ceiling, side walls and flooring; proposed rulemaking (NPRM) on on side-facing seats of light vehicles seating; electrical system, generator, invertor August 18, 2010.7 For side-facing because NHTSA believed ‘‘the addition and house batteries; interior lighting; interior seating positions, the NPRM proposed of a shoulder belt at [side-facing seats on entertainment equipment; heating, light vehicles] is of limited value, given ventilation and cooling system; galley with to provide manufacturers the option of potable water, cooking equipment, installing either a Type 1 (lap belt) or a the paucity of data related to side facing 13 refrigerators, and storage cabinets; bathroom Type 2 (lap and shoulder belt).8 This seats.’’ NHTSA also recognized there and showers; and sleeping positions. proposed option was consistent with a have been concerns in the past about a Hemphill states that it also operates provision in FMVSS No. 208 that allows shoulder belt on side-facing seats, the vehicles as a for-hire motor carrier lap belts for side-facing seats on buses noting in the final rule that, although of passengers, ‘‘leas[ing] the vehicle with a GVWR of 4,536 kg (10,000 lb) or the agency has no direct evidence that with driver to a customer on an less. The agency proposed to permit lap shoulder belts may cause serious neck exclusive basis for a designated period belts in side-facing seats because injuries when applied to side-facing of time.’’ The petitioner states that NHTSA was unaware of any seats, there are simulation data ‘‘fewer than 100 entertainer-type demonstrable increase in associated risk indicative of potential carotid artery motorcoaches with side-facing seats are of lap belts compared to lap/shoulder injury when the neck is loaded by the 14 manufactured and enter the U.S. market belts. The agency also stated 9 that ‘‘a shoulder belt. In addition, the agency each year.’’ Hemphill seeks to install study commissioned by the European noted that Australian Design Rule ADR Type 1 seat belts (lap belt only) at side- Commission regarding side-facing seats 5/04, ‘‘Anchorages for Seatbelts’’ has facing seating positions, instead of Type on minibuses and motorcoaches found specifically prohibited shoulder belts 2 seat belts (lap and shoulder belts) as that due to different seat belt designs, for side-facing seats since 1975. In the required by FMVSS No. 208. Hemphill crash modes and a lack of real world November 2013 final rule, NHTSA states that, absent the requested data, it cannot be determined whether a stated that given there would likely be exemption, it will otherwise be unable lap belt or a lap/shoulder belt would be few side-facing seats on over-the-road to sell a motorcoach whose overall level the most effective.’’ 10 buses, and in view of the unknowns of safety or impact protection is at least However, after the NPRM was about shoulder belt loading of an equal to that of a nonexempted published, the Motorcoach Enhanced occupant’s neck on a side-facing seat, motorcoach. Safety Act of 2012 was enacted as part manufacturers of over-the-road buses seeking Pursuant to 49 CFR 555.6(d), an of the Moving Ahead for Progress in the to install lap belts on side-facing seats may application must provide ‘‘[a] detailed 21st Century Act (MAP–21), Public Law petition NHTSA for a temporary exemption analysis of how the vehicle provides the 112–141 (July 6, 2012). Section 32703(a) from the requirement to install lap/shoulder overall level of safety or impact of MAP–21 directed the Secretary of belt at side-facing seats, under 49 CFR part protection at least equal to that of Transportation (authority has been 555. The basis for the petition is that the nonexempt vehicles.’’ Hemphill refers delegated to NHTSA) to ‘‘prescribe applicant is unable to sell a bus whose overall level of safety is at least equal to that to NHTSA’s discussions in an earlier regulations requiring safety belts to be of a non-exempted vehicle. The agency NHTSA rulemaking, summarized below, installed in motorcoaches at each would be receptive to the argument that, for about the absence of the need for, and designated seating position.’’ 11 MAP–21 side-facing seats, lap belts provide an safety concerns about, the shoulder stated in § 32702(12): ‘‘The term ‘safety equivalent level of safety to lap/shoulder portion of Type 2 belts on side-facing belt’ has the meaning given the term in belts. seats in certain buses. section 153(i)(4)(B) of title 23, United 78 FR at 70448. c. Seat Belt Rulemaking States Code.’’ This provision defines ‘‘safety belt’’ as ‘‘an occupant restraint d. Summary of Petitioner’s Arguments On November 25, 2013, NHTSA system consisting of integrated lap After reiterating NHTSA’s discussions published a final rule amending FMVSS shoulder belts.’’ Thus, in response to in the seat belt rulemaking, the No. 208 to require seat belts for each MAP–21, NHTSA’s final rule amended petitioner states that NHTSA has not passenger seating position in all new FMVSS No. 208 to require lap/shoulder conducted testing on the impact or over-the-road buses (regardless of gross belts at all designated seating positions, injuries to passengers in side-facing vehicle weight rating (GVWR)), and all seats in motorcoaches, so ‘‘there is no other buses with GVWRs greater than 7 75 FR 50958. available credible data that supports 11,793 kilograms (kg) (26,000 pounds 8 75 FR at 50971. 6 requiring a Type 2 belt at the side-facing (lb)) (with certain exclusions). The 9 75 FR at 50971–50972. seating positions.’’ Hemphill says that it final rule became effective November 10 http://ec.europa.eu/enterprise/automotive/ believes if it complies with the final rule 28, 2016 for buses manufactured in a projects/safety_consid_long_stg.pdf. [Footnote in single stage, and a year later for buses text.] 11 12 For side-facing seats on buses other than over- manufactured in more than one stage. MAP–21 states at § 32702(6) that ‘‘the term ‘motorcoach’ has the meaning given the term ‘over- the-road buses, in the final rule NHTSA permitted Hemphill is a final-stage manufacturer the-road bus’ in section 3038(a)(3) of the either lap or lap/shoulder belts at the of buses covered by the seat belt rule. Transportation Equity Act for the 21st Century (49 manufacturer’s option. Thus, Hemphill’s over-the-road buses U.S.C. 5310 note), but does not include a bus used 13 78 FR at 70448, quoting from the agency’s and buses with a GVWR greater than in public transportation provided by, or on behalf Anton’s Law final rule which required lap/shoulder of, a public transportation agency; or a school bus, belts in forward-facing rear seating positions of light 11,793 kg (26,000 lb), manufactured on including a multifunction school activity bus.’’ vehicles, 59 FR 70907. Section 3038(a)(3) (49 U.S.C. 5310 note) states: 14 Editors: Fildes, B., Digges, K., ‘‘Occupant 6 78 FR 70416 (November 25, 2013); response to ‘‘The term ‘over-the-road bus’ means a bus Protection in Far Side Crashes,’’ Monash University petitions for reconsideration, 81 FR 19902 (April 6, characterized by an elevated passenger deck located Accident Research Center, Report No. 294, April 2016). over a baggage compartment.’’ 2010, pg. 57. [Footnote in text.]

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as published, it would be ‘‘forced to at side-facing seat locations provides an Second, Hemphill states in its petition offer’’ customers— objective standard that is easy for that it covers 39 ‘‘other petitioners’’ manufacturers to understand and meet. a motorcoach with a safety feature that could listed in an attachment to the petition. make the occupants less safe, or certainly at Hemphill indicates that if there is no Under Part 555 Subpart A, only one least no more safe, than if the feature was not future NHTSA research, testing or petitioner is covered by a petition. installed. The current requirement in FMVSS analysis to justify the use of Type 2 belts Section 30113(b)(2) of the Safety Act 208 for Type 2 belts at side-facing seating in side-facing seats in over-the-road provides that the agency may begin a positions in OTRBs makes the applicants buses, it expects it will seek to renew proceeding ‘‘when a manufacturer’’ unable to sell a motor vehicle whose overall applies for an exemption (emphasis level of safety is equivalent to or exceeds the the exemption, if granted, at the end of level of safety of a non-exempted vehicle. the exemption period. added). Under the terms of 49 CFR 555.5, ‘‘a manufacturer’’ may apply for Pursuant to 49 CFR 555.5(b)(7), the e. NHTSA’s Observations on Aspects of a temporary exemption. In contrast, 49 petitioner must state why granting an the Petition CFR part 555 subpart B, ‘‘Vehicles Built exemption allowing it to install Type 1 There are aspects of Hemphill’s in Two or More Stages and Altered instead of Type 2 seat belts in side- petition that appear inconsistent with Vehicles,’’ allows an industry trade facing seats would be in the public the provisions of Part 555 Subpart A. association representing a group of interest and consistent with the The agency acknowledges them here for alterers or manufacturers of motor objectives of the Safety Act. the benefit of the reader. vehicles built in two or more stages to In a May 11, 2018 email providing First, in its petition, Hemphill asks file an economic hardship petition this information, Hemphill states that that if NHTSA grants the exemption, the representing the interests of multiple granting an exemption to allow agency should apply the exemption manufacturers.18 When NHTSA manufacturers an option of installing a ‘‘retroactively to November 28, 2017.’’ proposed to adopt subpart B, NHTSA Type 1 lap belt at side-facing seating Petitions for temporary exemptions are described subpart B’s allowing positions is consistent with the public prospective in application, not manufacturers to bundle petitions as interest because ‘‘NHTSA’s analysis in retroactive. Section 555.7(f) states: ‘‘relief not contained in the current developing this rule found that such ‘‘Unless a later effective date is specified version of part 555.’’ 19 Thus, it appears belts presented no demonstrable in the notice of the grant, a temporary Hemphill’s April 5, 2018 petition for increase in associated risk.’’ The exemption is effective upon publication temporary exemption could be petitioner also states that the final rule of the notice in the Federal Register and considered as only from Hemphill, and requiring Type 2 belts at side-facing exempts vehicles manufactured on and not as a bundled petition covering the seats ‘‘was not the result of any change after the effective date.’’ Thus, if the other parties listed in the attachment to in NHTSA policy or analysis, but rather petition is granted, it would apply to the petition. resulted from an overly broad mandate vehicles manufactured on and after the f. Comment Period by Congress for ‘safety belts to be effective date of the exemption, which installed in motorcoaches at each would be on publication of the notice or The agency seeks comment from the designated seating position.’ ’’ Hemphill a later date.15 public on the merits of Hemphill’s states that, ‘‘based on the existing In its May 11, 2018 email, Hemphill petition for a temporary exemption from studies referenced herein and noted in argues that NHTSA has authority to FMVSS No. 208’s shoulder belt the rulemaking, petitioners assert that establish a November 17, 2017 16 requirement for side-facing seats. After Type 1 belts at side-facing seats may effective date for the exemption under considering public comments and other provide equivalent or even superior 49 U.S.C. 30111(d) of the Safety Act. available information, NHTSA will occupant protection than Type 2 belts.’’ Section 30111 authorizes NHTSA to The petitioner believes that an option publish a notice of final action on the prescribe FMVSSs, with subsection (d) for Type 1 belts at side-facing seats is petition in the Federal Register. generally prescribing the effective dates consistent with the objectives of 49 Issued in Washington, DC, under authority that NHTSA may specify for the U.S.C. chapter 301 (the Safety Act) delegated in 49 CFR 1.95 and 501.8. FMVSSs.17 Section 30111 does not because, Hemphill states, § 30111(a) of Raymond R. Posten, apply to the effective dates for the Safety Act states that the Secretary Associate Administrator for Rulemaking. temporary exemptions. shall establish motor vehicle safety [FR Doc. 2019–05444 Filed 3–27–19; 8:45 am] standards that ‘‘shall be practicable, 15 For vehicles that have already been BILLING CODE 4910–59–P meet the need for motor vehicle safety, manufactured, a manufacturer may petition for an and be stated in objective terms.’’ The exemption from the Safety Act’s notice and remedy 18 Subpart B applies to applications, based on petitioner states that— requirements when a noncompliance is substantial economic hardship, that seek a inconsequential to motor vehicle safety. See 49 CFR an option for Type 1 or Type 2 belts at side- temporary exemption from a performance part 556, ‘‘Exemption for Inconsequential Defect or requirement for which an FMVSS specifies the use facing seating positions is practicable as it Noncompliance.’’ of a dynamic test procedure to determine allows the manufacturer to determine the 16 The petitioner does not explain why it changed compliance. Among other matters, the application best approach to motor vehicle safety the requested date from November 28 to November depending on the intended use of the vehicle 17. NHTSA assumes Hemphill meant November 28. must explain the substantial economic hardship to each of the manufacturers covered by the petition and its overall design. Additionally, the 17 Regarding the motorcoach seat belt rulemaking, and provide a complete financial statement for each option to install either Type 1 or Type 2 belts § 32703(e)(1) of MAP–21 prescribed the effective manufacturer and a complete description of each at such locations meets the need for motor date for the rule. That section states that the manufacturer’s good faith efforts to comply with the vehicle safety as it is consistent with current regulation shall ‘‘apply to all motorcoaches manufactured more than 3 years after the date on standard. See 49 CFR 555.13. analysis by NHTSA and the European which the regulation is published as a final rule.’’ 19 Supplemental notice of proposed rulemaking, Commission that indicates no demonstrable NHTSA provided multi-stage manufacturers and difference in risk between the two types of 69 FR 36038, 36045 (June 28, 2004). The ‘‘current alterers an additional year of lead time, in version of part 555’’ is a reference to Part 555 belts when installed in sideways-facing seats. accordance with 49 CFR 571.8(b). See, 78 FR at Subpart A, which is the subpart under which Finally, the option for Type 1 or Type 2 belts 70463, col. 3. Hemphill submits its petition for temporary exemption.

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Notices Federal Register Vol. 84, No. 60

Thursday, March 28, 2019

This section of the FEDERAL REGISTER Agricultural Research, Extension, Appointments to the NAREEE contains documents other than rules or Education, and Economics Advisory Advisory Board and its subcommittees proposed rules that are applicable to the Board, 1400 Independence Avenue SW, will be made by the Secretary of public. Notices of hearings and investigations, Room 332A, The Whitten Building, Agriculture. committee meetings, agency decisions and Washington, DC 20250–2255; telephone: rulings, delegations of authority, filing of National Agricultural Research, petitions and applications and agency 202–720–3684; fax: 202–720–6199; email: [email protected]. Extension, Education and Economics statements of organization and functions are Advisory Board examples of documents appearing in this Committee website: section. www.nareeeab.ree.usda.gov. The NAREEE Advisory Board was SUPPLEMENTARY INFORMATION: established in 1996 via Section 1408 of Instructions for Nominations: the National Agricultural Research, DEPARTMENT OF AGRICULTURE Nominations are solicited from Extension, and Teaching Policy Act of organizations, associations, societies, 1977 (7 U.S.C. 3123) to provide advice Office of the Secretary councils, federations, groups, and to the Secretary of Agriculture and land- grant colleges and universities on top Request for Nominations of Members companies that represent a wide variety of food and agricultural interests priorities and policies for food and for the National Agricultural Research, agricultural research, education, Extension, Education, and Economics throughout the country. Nominees may be considered for the extension, and economics. The Farm Advisory Board, Specialty Crop Security and Rural Investment Act of Committee, Citrus Disease NAREEE Board and or a subcommittee and may be considered for more than 2002 reduced the number of members Subcommittee, and National Genetic and required the Board to also provide Resources Advisory Council one category and/or subcommittee dependent on the nominee’s advice to the Committee on Agriculture AGENCY: National Agricultural Research, qualifications. Each nominee must of the House of Representatives; the Extension, Education, and Economics submit a signed form AD–755, Committee on Agriculture, Nutrition, Advisory Board, Office of the Secretary, ‘‘Advisory Committee Membership and Forestry of the Senate; the USDA. Background Information,’’ which can be Subcommittee on Agriculture, Rural ACTION: Solicitation for membership. obtained from the contact person below Development, Food and Drug or from: https://www.ocio.usda.gov/ Administration and Related Agencies of SUMMARY: In accordance with the sites/default/files/docs/2012/AD- the Committee on Appropriations of the Federal Advisory Committee Act, the 755%20-%20Approved%20Master% House of Representatives; and the U.S. Department of Agriculture (USDA) 202015.pdf). A resume or CV should Subcommittee on Agriculture, Rural announces the opening of the also be submitted. Letters of nomination Development and Related Agencies of solicitation for nominations to fill or support are encouraged. Nomination the Committee on Appropriations of the vacancies on the National Agricultural letters must indicate the specific Board Senate. Subsequently, Section 7103 of Research, Extension, Education, and and/or subcommittee AND the the Agriculture Improvement Act of Economics (NAREEE) Advisory Board category(s) for which the nominee is 2018 further reduced the number of and its subcommittees. There is one applying. members to 15 and changed the vacancy on the NAREEE Advisory Nominations are open to all categories of membership for the Board; nine vacancies on the National individuals without regard to race, advisory board. The new membership Genetic Resources Advisory Council; color, religion, sex, national origin, age, categories are: three vacancies on the Specialty Crop mental or physical handicap, marital (1) 3 members representing National Committee; and eight vacancies on the status, or sexual orientation. To ensure Farm or Producer Organizations, which Citrus Disease Subcommittee. the recommendation of the Advisory may include members: DATES: All nomination materials should Board takes into account the needs of a. representing farm cooperatives; be submitted in a single, complete the diverse groups served by the USDA, b. who are a food animal commodity package and received or postmarked by membership shall include, to the extent producer recommended by a national April 26, 2019. practicable, individuals with livestock organization; ADDRESSES: The nominee’s name, demonstrated ability to represent the c. who are a plant commodity resume or CV, completed and signed needs of all racial and ethnic groups, producer recommended by a national Form AD–755, and any letters of women and men, and persons with crop organization; or support must be submitted via one of disabilities. d. who are an aquaculture producer the following methods: (1) Email Please note, individuals may not serve recommended by a national aquaculture (preferred) to [email protected]; on more than one USDA Federal organization. (2) By fax to 202–720–6199; or (3) By Advisory Committee. Individuals (2) 2 members representing Academic mail delivery service to: REE Advisory appointed to committees to exercise or Research Societies, which may Board Office, U.S. Department of their own individual best judgment on include members representing: Agriculture, Jamie L. Whitten Building, behalf of the government (e.g. as Special a. national food animal science Room 332–A, 1400 Independence Government Employees) are ineligible society; Avenue SW, Washington, DC 20250– to serve. All nominees will be carefully b. national crop, soil, agronomy, 2255. reviewed for their expertise, leadership, horticulture, plant pathology, or weed FOR FURTHER INFORMATION CONTACT: and relevance. All nominees will be science society; Michele Esch, Director, National vetted before selection. c. national food science organization;

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d. national human health association; and utilization of genetic resources; to Appointed members will serve for or make recommendations for coordination two- or four-years in order to properly e. national nutritional science society. of genetic resources plans of several stagger the term limits. All nominees (3) 5 members representing domestic and international will be carefully reviewed for their Agricultural Research, Extension, and organizations; and to advise the expertise, leadership, and relevance to a Education, which shall include: Secretary of Agriculture and the category. a. 1 member representing the 1862 National Genetic Resources Program, Specialty Crop Committee land-grant colleges and universities. part of the Agricultural Research b. 1 member representing the 1890 Service, of new and innovative The Specialty Crop Committee was land-grant colleges and universities, approaches to genetic resources created as a subcommittee of the including Tuskegee University. conservation. It was subsequently re- NAREEE Advisory Board in accordance c. 1 member representing the 1994 established in 2012 as a permanent with the Specialty Crops Equity in Education land-grant subcommittee of the NAREEE Advisory Competitiveness Act of 2004 under Title institution Board. The Agriculture Improvement III, Section 303 of Public Law 108–465. d. 1 member representing non-land Act of 2018 further expanded the The committee was formulated to study grant colleges of agriculture (NLGCA) responsibilities of the Council to the scope and effectiveness of research, institutions or Hispanic-serving include recommendations on cultivar extension, and economics programs institutions. development. The bill also increased the affecting the specialty crop industry. e. 1 member representing American number of members from 9 to 13 and The legislation defines ‘‘specialty colleges of veterinary medicine. changed the membership categories of crops’’ as fruits, vegetables, tree nuts, (4) 5 members representing Industry, the National Genetic Resources dried fruits and nursery crops Consumer, or Rural Interests, including Advisory Council. The new membership (including floriculture). The members representing: categories are: Agricultural Act of 2014 further a. transportation of food and (1) 6 of the members shall be expanded the scope of the Specialty agricultural products to domestic and appointed from scientific disciplines Crop Committee to provide advice to the foreign markets; relevant to the National Genetic Secretary of Agriculture on the relevancy review process of the b. food retailing and marketing Resources Program, including Specialty Crop Research Initiative, a interests; agricultural sciences, economics and grant program of the National Institute c. food and fiber processors; policy, environmental sciences, natural of Food and Agriculture. d. rural economic development resource sciences, health sciences, and interests; Members should represent the nutritional sciences. breadth of the specialty crop industry. e. a national consumer interest group; (2) 3 of the members shall be f. a national forestry group; Six members of the Specialty Crop appointed from the general public and g. a national conservation or natural Committee represent various disciplines shall include leaders in fields of public resource group; of the specialty crop industry; the policy, community development, trade, h. a national social science remaining members are appointed from international development, law, or association; the NAREEE Advisory Board. The terms i. private sector organizations management. of three members expired on September involved in international development; (3) 4 of the members shall be 30, 2018. The Specialty Crop Committee or appointed from among individuals with is soliciting nominations to fill three (3) j. a national association of agricultural expertise in cultivar development and vacant positions to represent the economists. animal breed development. specialty crop industry. Appointed USDA intends to re-appoint the (4) 4 of the members shall be members will serve for three-years. All existing members to the NAREEE appointed from among individuals nominees will be carefully reviewed for Advisory Board and fill one vacancy. representing: their expertise, leadership, and Nominations for a three-year a. 1862 land-grant colleges and relevance to a category. appointment for one category are being universities; Citrus Disease Subcommittee: The sought. The one available position to be b. 1890 land-grant colleges and Citrus Disease Subcommittee was filled is: universities; established by the Agricultural Act of (1) Agricultural Research, Extension c. Hispanic-serving institutions; or 2014 (Sec. 7104) as a subcommittee of and Education. d. 1994 Equity in Education land- the NAREEE Advisory Board to advise d. 1 member representing non-land grant institutions. the Secretary of Agriculture on citrus grant colleges of agriculture (NLGCA) The Council currently has 4 members research, extension, and development institutions or Hispanic-serving who will be re-appointed by USDA. needs, engage in regular consultation institutions. Nominations are being sought for the and collaboration with USDA and other All nominees will be carefully following categories: organizations involved in citrus, and reviewed for their expertise, leadership, • three (3) scientific members; provide recommendations for research and relevance to the vacant category. • two (2) general public members; and extension activities related to citrus and disease. National Genetic Resources Advisory • four (4) public cultivar Section 7104 of the Agriculture Council development and animal breed Improvement Act of 2018 amended the The National Genetic Resources development. membership of the Citrus Disease Advisory Council was originally Note: At least one of these new Subcommittee to increase the number of established in March, 1992 via section members must also represent an 1862 members from 9 members to 11. 1634 (7 U.S.C. 5843) of the Food, land-grant college or university; an 1890 Members of the Citrus Disease Agriculture, Conservation and Trade land-grant college or university; a Subcommittee must be a producer of Act of 1990 to formulate Hispanic-serving institution; or a 1994 citrus with representation from the recommendations on actions and Equity in Education land-grant following States: five members from policies for the collection, maintenance, university. Arizona or California, five members

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from Florida, and one member from line connections to the toll-free and regulations of the U.S. Commission Texas. The Citrus Disease Subcommittee conference call-in number. on Civil Rights (Commission) and the is soliciting nominations to fill eight (8) Persons with hearing impairments Federal Advisory Committee Act that vacant positions: may also follow the discussion by first the Ohio Advisory Committee • Three (3) positions representing calling the Federal Relay Service at 1– (Committee) will hold a community Florida. 800–977–8339 and providing the forum on Tuesday April 16, 2019, from • Four (4) positions representing operator with the toll-free conference 11 a.m.–1:30 p.m. EDT for the purpose California or Arizona. call-in number: 1–877–260–1479 and of hearing public testimony on • One (1) position representing Texas. conference ID# 5988481. education funding in the state. Appointed members will serve one-, Members of the public are invited to DATES: The meeting will be held on two-, or three-year terms in order to make statements during the open Tuesday April 16, 2019, from 11:00 properly stagger term rotation. All comment period of the meetings or a.m.–1:30 p.m., EDT. nominees will be carefully reviewed for submit written comments. The Location: Double Tree Suites, their expertise, leadership, and comments must be received in the Columbus Downtown. 55 S. Front relevance to a category. regional office approximately 30 days Street, Columbus OH, 43215. after each scheduled meeting. Written Public Call Information: Dial: 855– Done at Washington, DC, this day of March comments may be mailed to the 14th, 2019. 710–4181, Conference ID: 1339118. Midwest Regional Office, U.S. FOR FURTHER INFORMATION CONTACT: Steve Censky, Commission on Civil Rights, 230 S. Deputy Secretary, USDA. Melissa Wojnaroski, DFO, at Dearborn Street, Suite 2120, Chicago, IL [email protected] or 312–353– [FR Doc. 2019–05938 Filed 3–27–19; 8:45 am] 60604, faxed to (312) 353–8324, or 8311. BILLING CODE 3410–03–P emailed to David Barreras at dbarreras@ usccr.gov. Persons who desire SUPPLEMENTARY INFORMATION: This additional information may contact the meeting is free and open to the public. Members of the public may appear in COMMISSION ON CIVIL RIGHTS Midwest Regional Office at (312) 353– 8311. person and participate. Members of the Notice of Public Meetings of the New Records and documents discussed public may also listen to the discussion York Advisory Committee during the meeting will be available for through the above listed toll free public viewing as they become available number (audio only). All members of AGENCY: Commission on Civil Rights. at https://database.faca.gov/committee/ the public will be invited to make a ACTION: Announcement of meetings. meetings.aspx?cid=265; click the statement as time allows. ‘‘Meeting Details’’ and ‘‘Documents’’ For those joining remotely by phone, SUMMARY: Notice is hereby given, links. Records generated from this the conference call operator will ask pursuant to the provisions of the rules meeting may also be inspected and callers to identify themselves, the and regulations of the U.S. Commission reproduced at the Eastern Regional organization they are affiliated with (if on Civil Rights (Commission), and the Office, as they become available, both any), and an email address prior to Federal Advisory Committee Act before and after the meetings. Persons placing callers into the conference (FACA), that a meeting of the New York interested in the work of this advisory room. Callers can expect to incur regular Advisory Committee to the Commission committee are advised to go to the charges for calls they initiate over will convene by conference call at 12:00 Commission’s website, www.usccr.gov, wireless lines, according to their p.m. (EST) on: Friday, April 12, 2019. or to contact the Midwest Regional wireless plan. The Commission will not The purpose of the meeting is to discuss Office at the above phone numbers, refund any incurred charges. Callers Education Funding in New York. email or street address. will incur no charge for calls they DATES: Friday, April 12, 2019 at 12:00 initiate over land-line connections to p.m. EST. Agenda the toll-free telephone number. Persons with hearing impairments may also ADDRESSES: Public Call-In Information: Friday, April 12, 2019 follow the proceedings by first calling Conference call-in number: 1–877–260– • Open—Roll Call the Federal Relay Service at 1–800–877– 1479 and conference ID# 5988481. • Discussion of Education Funding • 8339 and providing the Service with the FOR FURTHER INFORMATION CONTACT: Open Comment • Adjourn conference call number and conference David Barreras, at [email protected] ID number. or by phone at 312–353–8311. Dated: March 25, 2019. Members of the public are also SUPPLEMENTARY INFORMATION: Interested David Mussatt, entitled to submit written comments; members of the public may listen to the Supervisory Chief, Regional Programs Unit. the comments must be received in the discussion by calling the following toll- [FR Doc. 2019–05974 Filed 3–27–19; 8:45 am] regional office within 30 days following free conference call-in number: 1–877– BILLING CODE 6335–01–P the meeting. Written comments may be 260–1479 and conference ID# 5988481. mailed to the Regional Programs Unit Please be advised that before placing Office, U.S. Commission on Civil Rights, them into the conference call, the COMMISSION ON CIVIL RIGHTS 230 S. Dearborn, Suite 2120, Chicago, IL conference call operator will ask callers 60604. They may also be faxed to the to provide their names, their Notice of Public Meeting of the Ohio Commission at (312) 353–8324, or organizational affiliations (if any), and Advisory Committee to the U.S. emailed to Carolyn Allen at callen@ email addresses (so that callers may be Commission on Civil Rights usccr.gov. Persons who desire notified of future meetings). Callers can AGENCY: U.S. Commission on Civil additional information may contact the expect to incur charges for calls they Rights. Regional Programs Unit Office at (312) initiate over wireless lines, and the ACTION: Announcement of meeting. 353–8311. Commission will not refund any Records generated from this meeting incurred charges. Callers will incur no SUMMARY: Notice is hereby given, may be inspected and reproduced at the charge for calls they initiate over land- pursuant to the provisions of the rules Regional Programs Unit Office, as they

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become available, both before and after competitiveness and on regulatory DEPARTMENT OF COMMERCE the meeting. Records of the meeting will policies and programs and investment be available via www.facadatabase.gov priorities that affect the competitiveness International Trade Administration under the Commission on Civil Rights, of U.S. supply chains. For more Notice of Scope Rulings Ohio Advisory Committee link. Persons information about the Committee visit: interested in the work of this Committee http://trade.gov/td/services/oscpb/ AGENCY: Enforcement and Compliance, are also directed to the Commission’s supplychain/acscc/. International Trade Administration, website, http://www.usccr.gov, or may Department of Commerce. contact the Regional Programs Unit Matters To Be Considered: Committee members are expected to continue to DATES: Applicable March 28, 2019. office at the above email or street SUMMARY: The Department of Commerce address. discuss the major competitiveness- related topics raised at the previous (Commerce) hereby publishes a list of Agenda Committee meetings, including trade scope rulings and anticircumvention determinations made between October Welcome and Roll Call and competitiveness; freight movement 1, 2017, and December 31, 2017, Public Comment: Education Funding in and policy; trade innovation; regulatory inclusive. We intend to publish future Ohio issues; finance and infrastructure; and Adjournment lists after the close of the next calendar workforce development. The quarter. Committee’s subcommittees will report Dated: March 24, 2019. FOR FURTHER INFORMATION CONTACT: on the status of their work regarding David Mussatt, Brenda E. Brown, AD/CVD Operations, Supervisory Chief, Regional Programs Unit. these topics. The agenda may change to Customs Liaison Unit, Enforcement and [FR Doc. 2019–05928 Filed 3–27–19; 8:45 am] accommodate other Committee Compliance, International Trade business. The Office of Supply Chain, BILLING CODE P Administration, U.S. Department of Professional & Business Services will Commerce, 1401Constitution Avenue post the final detailed agendas on its NW, Washington, DC 20230; telephone: DEPARTMENT OF COMMERCE website, http://trade.gov/td/services/ 202–482–4735. oscpb/supplychain/acscc/, at least one SUPPLEMENTARY INFORMATION: International Trade Administration week prior to the meeting. Background The meetings will be open to the Advisory Committee on Supply Chain public and press on a first-come, first- Commerce regulations provide that Competitiveness: Notice of Public served basis. Space is limited. The the Secretary will publish in the Federal Meetings Register a list of scope rulings on a public meetings are physically quarterly basis.1 Our most recent AGENCY: International Trade accessible to people with disabilities. notification of scope rulings was Administration, U.S. Department of Individuals requiring accommodations, published on (Thursday, March 14, Commerce. such as sign language interpretation or 2019).2 This current notice covers all ACTION: Notice of open meetings. other ancillary aids, are asked to notify scope rulings and anticircumvention Mr. Richard Boll, at (202) 482–1135 or SUMMARY: This notice sets forth the determinations made by Enforcement [email protected], five (5) business and Compliance between October 1, schedule and proposed topics of days before the meeting. discussion for public meetings of the 2017, and December 31, 2017, inclusive. Interested parties are invited to Advisory Committee on Supply Chain Scope Rulings Made Between October 1, submit written comments to the Competitiveness (Committee). 2017 and December 31, 2017 Committee at any time before and after DATES: The meetings will be held on A–433–812; A–423–812; A–351–847, A– April 17, 2019, from 12:00 p.m. to 5:00 the meeting. Parties wishing to submit 570–047; A–427–828; A–428–844; A– p.m., and April 18, 2019, from 11:00 written comments for consideration by 475–834; A–588–875; A–580–877; A– a.m. to 2:00 p.m., Eastern Daylight Time the Committee in advance of this 791–822; A–583–858; A–489–828; C– (EDT). meeting must send them to the Office of Supply Chain, Professional & Business 570–048; C–580–888; C–351–848: ADDRESSES: The meetings on April 17 Services, 1401 Constitution Ave NW, Certain Carbon and Alloy Steel Cut-to- and 18 will be held at the Seelbach Length Plate (Cut-to-Length Plate) From Hilton Hotel, 500 South Fourth Street Room 11014, Washington, DC 20230, or email to [email protected]. Austria, Belgium, Brazil, the People’s (Mezzanine C & D), Louisville, Kentucky Republic of China, France, the Federal 40202. For consideration during the Republic of Germany, Italy, Japan, the FOR FURTHER INFORMATION CONTACT: meetings, and to ensure transmission to Republic of Korea, the Republic of Richard Boll, Office of Supply Chain, the Committee prior to the meetings, South Africa, Taiwan, and Turkey Professional & Business Services comments must be received no later Requestor: PCS Company; Certain (OSCPBS), International Trade than 5:00 p.m. EDT on April 10, 2019. preconfigured parts for mold bases used Administration. Phone: (202) 482–1135 Comments received after April 10, 2019, in plastic injection molding machines or Email: [email protected]. will be distributed to the Committee, are not within the scope of the but may not be considered at the SUPPLEMENTARY INFORMATION: antidumping and countervailing duty Background: The Committee was meetings. The minutes of the meetings orders on cut-to-length plate because the established under the discretionary will be posted on the Committee totality of the further processing results authority of the Secretary of Commerce website within 60 days of the meeting. in a downstream product that is not cut- and in accordance with the Federal Dated: March 25, 2019. to-length plate and is thus not covered Advisory Committee Act (5 U.S.C. by the order; October 11, 2017. App.). It provides advice to the Maureen Smith, Director, Office of Supply Chain. Secretary of Commerce on the necessary 1 See 19 CFR 351.225(o). [FR Doc. 2019–05990 Filed 3–27–19; 8:45 am] elements of a comprehensive policy 2 See Notice of Scope Rulings, 84 FR 9295 (March approach to supply chain BILLING CODE 3510–DR–P 14, 2019).

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A–201–805: Certain Circular Welded A–570–958 and C–570–959: Certain certain steel nails from the People’s Non-Alloy Steel Pipe From Mexico Coated Paper Suitable for High-Quality Republic of China because they are Print Graphics Using Sheet-Fed Presses within the scope of the Order and are Requestor: Productos Laminados de From the People’s Republic of China not covered by any of the exclusions Monterrey S.A. de C.V., Aceros Cuatros Requester: Greenbrier International, listed in the scope of the Order. More Caminos S.A. de C.V., and Prolamsa Inc. specifically, we determined that the (collectively, Prolamsa); Commerce Inc. (Greenbrier); Commerce determined that the neon and white poster board steel ‘‘pin’’ used as part of an anchor is, determined that five types of circular products imported by Greenbrier are not in fact, a steel nail, due to their identical welded galvanized tubes produced by within the scope of the antidumping description and function, and that Prolamsa are not covered by the scope and countervailing duty orders on separating the steel nail from the zinc, of the antidumping order on certain certain coated paper suitable for high- nylon or steel anchor would render the circular welded non-alloy steel pipe quality print graphics using sheet-fed product unusable. Moreover, the from Mexico because their outer presses because Greenbrier’s neon International Trade Commission diameters are neither found within the poster board does not fall under the specifically listed a masonry anchor standard sizes (including tolerances) for scope language’s requirement that the (e.g., a zinc anchor and a steel nail) as standard pipe schedules 10, 40, and 80, paper and paperboard be coated with an example of a two-piece nail; October nor within the standard sizes (including inorganic material. Additionally, 13, 2017. tolerances) for fence tubing, and they Greenbrier’s neon and white poster are therefore mechanical tubing, which A–570–909: Certain Steel Nails From board are not intended for the the People’s Republic of China is excepted from the scope of the order; commercial print industry, which is December 18, 2017. outside the scope language’s Requestor: Simpson Strong-Tie A–570–814; A–570–910; A–570–930; A– requirement that the paper and Company (Simpson); Countersunk Split 570–956; C–570–911; C–570–931; C– paperboard be specifically suitable for Drive (CSD); and Duplex Split Drive 570–957: Carbon Steel Butt-Weld Pipe high quality print graphics using sheet- (DSD); Commerce determined that Fittings; Circular Welded Carbon- fed presses, namely for the commercial anchors are covered by the scope of the Quality Steel Pipe; Circular Welded print market; October 30, 2017. antidumping duty order on steel nails from the People’s Republic of China Austenitic Stainless Steel Pressure Pipe; A–570–822: Certain Helical Spring Lock and Seamless Carbon and Alloy Steel because the description of the split Washers From the People’s Republic of drive anchors fits the plain description Standard, Line, and Pressure Pipe From China the People’s Republic of China: of the scope covering nails; December 1, Preliminary Scope Ruling SinoStruct Requestor: MacLean Power, L.L.C. 2017. (MPS); certain component part(s) of Engineered and Manufactured Pipe A–570–967 and C–570–968: Spools MPS’ pole line hardware that are produced in the People’s Republic of Telescoping Aluminum Pool Poles From the People’s Republic of China Requestor: SinoStruct Proprietary China (PRC) and imported by MPS are Limited (SinoStruct); Commerce within the scope of the antidumping Requestor: Westbay LLC; The 360 preliminarily found that pipe spools duty order on certain helical spring lock model numbers included in the nine- produced by SinoStruct using third washers (HSLWs) from the PRC. model series of telescoping pool poles country components that are not subject Commerce finds that the component included in the scope request are not to any AD and CVD orders are outside part of the pole line hardware that covered by the scope of the of the scope of the AD and CVD orders constitute subject merchandise (viz., the antidumping and countervailing duty noted above. Additionally, Commerce HSLWs) are covered by the order when orders on aluminum extrusions from the preliminarily determined that examined individually and in their own People’s Republic of China because the SinoStruct and importers of pipe spools right because these component part extruded aluminum components are produced by Sinostruct certify that all meet the language of the antidumping parts of a fully completed product, the components in the pipe spools are duty order. Also, there is no basis in the which also includes non-aluminum not subject to Commerce’s AD or CVD language of the order to exclude them pieces; November 6, 2017. orders; December 4, 2017. when HSLWs are incorporated into pole Interested parties are invited to line hardware; October 05, 2017. comment on the completeness of this A–570–899: Certain Artist Canvas From list of completed scope inquiries. Any the People’s Republic of China A–570–901: Certain Lined Paper Products From Republic of China comments should be submitted to the Requestor: Innovative Creations Inc. Deputy Assistant Secretary for AD/CVD Requestor: Neenah Paper Inc., Operations, Enforcement and (Innovative Creations); Commerce (Neenah); Commerce determined that determined that Innovative Creations’ Compliance, International Trade spine-stitched journals made of U.S.- Administration, 1401 Constitution exports of artist canvas have the same origin paper imported by Neenah were physical characteristics as products Avenue NW, APO/Dockets Unit, Room substantially transformed into subject 18022, Washington, DC 20230. previously determined to be outside of merchandise due to the production This notice is published in the scope of the Order; specifically, processes undertaken in China and, accordance with 19 CFR 351.225(o). artist canvases that are woven and thus, were within the scope of the order; primed in a third country or third December 15, 2017. Dated: March 25, 2019. countries before being further processed James Maeder, (i.e., cut, stretched, framed, or packaged) A–570–909: Certain Steel Nails From the People’s Republic of China Associate Deputy Assistant Secretary for in the People’s Republic of China (PRC) Antidumping and Countervailing Duty and are subsequently exported from the Requestor: Fastenal Company Operations performing the duties of Deputy PRC to the United States. Accordingly, Purchasing. The zinc, nylon, and steel Assistant Secretary for Antidumping and Commerce determined that those artist anchors, i.e., two piece nails, included Countervailing Duty Operations. canvas are outside of the scope of the in the scope request are covered by the [FR Doc. 2019–05958 Filed 3–27–19; 8:45 am] order; October 10, 2017. scope of the antidumping duty order on BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE ACCESS is available to registered users February 4, 2019, Xiamen Sunrise 9 and at http://access.trade.gov, and is Zhejiang Jingu Company Limited International Trade Administration available to all parties in the Central (Zhejiang Jingu) each submitted rebuttal [C–570–083] Records Unit, Room B8024 of the main comments pertaining to the petitioners’ Department of Commerce building. In scope comments.10 After considering Certain Steel Wheels From the addition, a complete version of the comments and supporting factual People’s Republic of China: Final Issues and Decision Memorandum can information, Commerce is modifying the Affirmative Countervailing Duty be accessed directly at http:// scope language as it appeared in the Determination enforcement.trade.gov/frn/. The signed Initiation Notice. For further discussion, Issues and Decision Memorandum and see Issues and Decision Memorandum. AGENCY: Enforcement and Compliance, the electronic version are identical in Scope of the Investigation International Trade Administration, content. Department of Commerce. The merchandise covered by this SUMMARY: The Department of Commerce Period of Investigation investigation is certain steel wheels (Commerce) determines that producers The POI is January 1, 2017, through from China. For a complete description and exporters of certain steel wheels December 31, 2017. of the scope of this investigation, see from the People’s Republic of China Appendix I. (China) received countervailable Scope Comments subsidies as provided in section 705 of In accordance with the preamble to Use of Adverse Facts Available (AFA) the Tariff Act of 1930, as amended (the Commerce’s regulations,3 the Initiation Commerce relied on ‘‘facts otherwise Act) during the period of investigation Notice set aside a period of time for available,’’ including adverse facts (POI), January 1, 2017, through parties to raise issues regarding product available (AFA), for several findings in December 31, 2017. coverage (i.e., scope), and states ‘‘if a the Preliminary Determination. For this DATES: Applicable March 28, 2019. party subsequently finds that additional final determination, we are basing the FOR FURTHER INFORMATION CONTACT: factual information pertaining to the countervailing duty (CVD) rates for Chien-Min Yang or Myrna Lobo, AD/ scope of the investigation may be Xiamen Sunrise Wheel Group Co., Ltd. CVD Operations, Office VII, relevant, the party may contact (Xiamen Sunrise) 11 and Zhejiang Jingu Enforcement and Compliance, Commerce and request permission to Company Limited (Zhejiang Jingu) 12 on 4 International Trade Administration, submit the additional information.’’ No facts otherwise available, with an U.S. Department of Commerce, 1401 issue was raised regarding the scope as adverse inference, pursuant to sections Constitution Avenue NW, Washington, it appeared in the Initiation Notice 776(a) and (b) of the Act. For a full DC 20230; telephone (202) 482–5484 or during the time period provided for discussion of AFA, see the Issues and (202) 482–2371, respectively. scope comments. On December 11, Decision Memorandum.13 2018, the petitioners 5 requested that SUPPLEMENTARY INFORMATION: Commerce permit them to submit C–570–083)—Petitioners’ Request for Clarification Background additional factual information for the of the Scope of the Investigations and Submission On August 31, 2018, Commerce final scope determination to ensure any of Additional Factual Information Relevant to orders resulting from this investigation Scope,’’ dated December 19, 2018 (Petitioners’ published in the Federal Register the Scope Comments). preliminary affirmative determination of would effectively provide relief from 9 Xiamen Sunrise Wheel Group Co., Ltd. 6 this investigation.1 A summary of the unfairly-traded imports. In response, (‘‘Xiamen Sunrise’’), Xiamen Sunrise Wheel Co., events that occurred since Commerce Commerce provided the petitioners an Ltd. (‘‘Sunrise Wheel’’), Xiamen Sunrise Metal Co., opportunity to submit new factual Ltd. (‘‘Sunrise Metal’’), Sichuan Sunrise Metal published the Preliminary Industry Co., Ltd. (‘‘Sichuan Sunrise’’), and Xiamen Determination, as well as a full information and comments relating the Topu Import & Export Co., Ltd. (‘‘Topu’’) discussion of the issues raised by parties scope. Commerce also provided (collectively, ‘‘Xiamen Sunrise’’). for this final determination, may be interested parties an opportunity to 10 See Xiamen Sunrise’s Letter, ‘‘Certain Steel found in the Issues and Decision submit comments and factual Wheels from the People’s Republic of China: Response to Petitioners’ Request for Clarification of 2 information intended to rebut, clarify or Memorandum. A list of topics included the Scope of the Investigations and Submission of in the Issues and Decision correct the petitioners’ new factual Additional Factual Information Relevant to Scope,’’ Memorandum is included as Appendix information.7 On December 19, 2018, dated February 4, 2019 (Xiamen Sunrise’s Scope II to this notice. the petitioners submitted comments on Rebuttal); see also Zhejiang Jingu’s Letter, the scope of the investigation.8 On ‘‘Antidumping and Countervailing Duty The Issues and Decision Investigations of Certain Steel Wheels from the Memorandum is a public document and People’s Republic of China: Response to Petitioners’ is on file electronically via Enforcement 3 See Antidumping Duties; Countervailing Duties, Request for Clarification of Scope of and Compliance’s Antidumping and Final Rule, 62 FR 27296, 27323 (May 19, 1997). Investigations,’’ dated February 4, 2019 (Zhejiang 4 See Certain Steel Wheels from the People’s Countervailing Duty Centralized Jingu’s Scope Rebuttal). Republic of China: Initiation of Countervailing Duty 11 As discussed in the Issues and Decision Electronic Service System (ACCESS). Investigation, 83 FR 17794 (April 24, 2018) Memorandum, Commerce has assigned Xiamen (Initiation Notice). Sunrise Wheel Group Co., Ltd.’s rate to each of the 1 See Certain Steel Wheels from the People’s 5 The petitioners are Accuride Corporation and entities named as cross-owned in its affiliation Republic of China: Preliminary Affirmative Maxion Wheels Akron LLC (collectively, the questionnaire response: Xiamen Sunrise Wheel Co., Countervailing Duty Determination and Alignment petitioners). Ltd., Xiamen Sunrise Metal Co., Ltd., Xiamen Topu of Final Determination with Final Antidumping 6 See Letter from the petitioners, ‘‘Certain Steel Import & Export Co., Ltd. and Sichuan Sunrise Duty Determination, 83 FR 44673 (August 31, 2018) Wheels from China (C–570–083)—Petitioners’ Metal Industry Co., Ltd. (Preliminary Determination) and accompanying Request to Submit Additional Factual Information 12 As discussed in the Issues and Decision Preliminary Decision Memorandum. Relevant to Scope,’’ dated December 11, 2018. Memorandum, Commerce has assigned Zhejiang 2 See Memorandum, ‘‘Issues and Decision 7 See Memorandum, ‘‘Certain Steel Wheels from Jingu Company Limited’s rate to each of the entities Memorandum for the Final Determination in the the People’s Republic of China: Opportunity to named as cross-owned in its affiliation Countervailing Duty Investigation of Certain Steel Submit Factual Information and Comments questionnaire response: Shanghai Yata Industry Wheels from the People’s Republic of China,’’ dated Pertaining to the Scope of Investigations,’’ dated Company Limited; Shangdong Jingu Auto Parts Co., concurrently with this determination and hereby December 14, 2018. Ltd.; Chengdu Jingu Wheel Co., Ltd.; and An’Gang adopted by this notice (Issues and Decision 8 See Petitioners’ Letter, ‘‘Certain Steel Wheels Jingu (Hangzhou) Metal Materials Co., Ltd. Memorandum). from the People’s Republic of China (A–570–082, 13 See Issues and Decision Memorandum.

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Affirmative Determination of Critical others rate, see the Issues and Decision Continuation of Suspension of Circumstances, in Part Memorandum.15 Liquidation We find that the Government of China Analysis of Comments Received As a result of our Preliminary bestowed countervailable subsides A list of issues which the petitioners Determination, and pursuant to sections inconsistent with the Subsidies and raised in its case brief, as well as in the 703(d)(1)(B) and (2) of the Act, we Countervailing Measures Agreement petitioners’ scope comments,16 along instructed U.S. Customs and Border (SCM) to steel wheel producers with Sunrise’s and Zhejiang Jingu’s Protection (CBP) to suspend liquidation pursuant to section 705(a)(2)(A) of the rebuttal comments,17 to which we of all entries of merchandise under Act. Furthermore, we also find that responded in the Issues and Decision consideration from China that were there have been massive imports of the Memorandum, is attached to this notice entered or withdrawn from warehouse, subject merchandise over a relatively at Appendix II. for consumption, on or after August 31, short period pursuant to section 2018, the date of publication of the Final Determination Preliminary Determination in the 705(a)(2)(B) of the Act and section Federal Register. In accordance with 776(a)–(b) of the Act with respect to In accordance with section section 703(d) of the Act, we issued Xiamen Sunrise and Zhejiang Jingu. 705(c)(1)(B)(i)(I) of the Act, we instructions to CBP to discontinue the Therefore, Commerce has determined established individual estimated suspension of liquidation for CVD that critical circumstances exist with countervailable subsidy rates for purposes for subject merchandise respect to Xiamen Sunrise and Zhejiang Sunrise Wheel Group Co., Ltd. and its entered, or withdrawn from warehouse, Jingu, and that critical circumstances do cross-owned affiliates (Xiamen Sunrise), on or after December 29, 2018, but to not exist with respect to all other and Zhejiang Jingu Company Limited and its cross-owned affiliates (Zhejiang continue the suspension of liquidation producers or exporters of steel wheels Jingu). of all entries from August 31, 2018, from China. For further information on through December 28, 2018. Commerce’s critical circumstances Company Subsidy rate Further, because Commerce has analysis, see the Issues and Decision (percent) determined that critical circumstances 14 Memorandum. exist with respect to Xiamen Sunrise Xiamen Sunrise Wheel All-Others Rate Group Co., Ltd18 ...... 457.10 and Zhejiang Jingu, we will instruct Zhejiang Jingu Company CBP to suspend liquidation of entries of In accordance with section Limited 19 ...... 457.10 subject merchandise entered, or 705(c)(5)(A) of the Act, Commerce shall All-Others ...... 457.10 withdrawn from warehouse, for determine an estimated all-others rate consumption on or after June 2, 2018, for companies not individually Disclosure which is 90 days prior to the date of examined. Generally, under section Normally, Commerce discloses to publication of the Preliminary 705(c)(5)(A)(i) of the Act, this rate shall interested parties the calculations Determination in the Federal Register. be an amount equal to the weighted performed in connection with its final If the U.S. International Trade average of the estimated subsidy rates determination within five days of its Commission (the ITC) issues a final established for those companies public announcement or, if there is no affirmative injury determination, we individually examined, excluding any public announcement, within five days will issue a CVD order and will reinstate zero and de minimis rates and any rates of the date of publication of this notice the suspension of liquidation under based entirely on AFA under section in accordance with 19 CFR 351.224(b). section 706(a) of the Act and will 776 of the Act. However, section However, in this investigation, no require a cash deposit of estimated 705(c)(5)(A)(ii) of the Act provides that, individually examined companies CVDs for such entries of subject where all countervailable subsidy rates participated in the investigation, and merchandise in the amounts indicated established for the mandatory Commerce has applied total AFA to all above. If the ITC determines that respondents are zero, de minimis, or producers and exporters, including the material injury, or threat of material based entirely on facts available, China-wide entity, in accordance with injury, does not exist, this proceeding Commerce may use ‘‘any reasonable section 776 of the Act. The applied AFA will be terminated, and all estimated method’’ for assigning an all-others rate, rates applied to each program are duties deposited or securities posted as including ‘‘averaging the estimated discussed in the Issues and Decision a result of the suspension of liquidation weighted-average countervailable Memorandum at Appendix I. Therefore, will be refunded or canceled. subsidy rates determined for the there are no calculations to disclose to International Trade Commission exporters and producers individually interested parties. Notification investigated.’’ In this investigation, all rates for the individually-investigated 15 Id. at Comment 3. In accordance with section 705(d) of respondents are based entirely on facts 16 See Petitioners’ Scope Comments. the Act, we will notify the U.S. available, pursuant to section 776 of the 17 See Sunrise’s Scope Rebuttal; see also Zhejiang International Trade Commission (ITC) of Act. Accordingly, we find under ‘‘any Jingu’s Scope Rebuttal. the final affirmative determination of reasonable method’’ to rely on a simple 18 Commerce assigned Xiamen Sunrise Wheel countervailable subsidies. Because the Group Co., Ltd.’s rate to each of the entities named average of the total AFA rates computed as cross-owned in its affiliation questionnaire final determination in this proceeding is for Xiamen Sunrise and Zhejiang Jingu response: Xiamen Sunrise Wheel Co., Ltd., Xiamen affirmative, in accordance with section as the ‘‘all-others’’ rate in this final Sunrise Metal Co., Ltd., Xiamen Topu Import & 705(b) of the Act, the ITC will make its Export Co., Ltd. and Sichuan Sunrise Metal final determination as to whether the determination, particularly as there is Industry Co., Ltd. no other information on the record that 19 Commerce assigned Zhejiang Jingu Company domestic industry in the United States can be used to determine the all-others Limited’s rate to each of the entities named as cross- is materially injured, or threatened with rate. For further information on the all- owned in its affiliation questionnaire response: material injury, by reason of imports of Shanghai Yata Industry Company Limited; certain plastic ribbon from China no Shangdong Jingu Auto Parts Co., Ltd.; Chengdu 14 See Issues and Decision Memorandum at Jingu Wheel Co., Ltd.; and An’Gang Jingu later than 45 days after our final Comment 4. (Hangzhou) Metal Materials Co., Ltd. determination. If the ITC determines

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that material injury or threat of material The scope includes certain on-the-road Third Country Using Rims and Discs injury does not exist, the proceeding steel wheels with either a ‘‘hub-piloted’’ or From China will be terminated, and all cash deposits ‘‘stud-piloted’’ mounting configuration, and Comment 2: Whether To Revise the Total will be refunded. If the ITC determines includes rims and discs for such wheels, AFA Rate Applied to Xiamen Sunrise whether imported as an assembly or and Zhejiang Jingu that such injury does exist, Commerce separately. The scope includes certain on- Comment 3: Calculation of the ‘‘All- will issue a CVD order directing CBP to the-road steel wheels, discs, and rims, of Others’’ Rate assess, upon further instruction by carbon and/or alloy steel composition, Comment 4: Whether Critical Commerce, countervailing duties on all whether cladded or not cladded, whether Circumstances Exist. imports of the subject merchandise finished or not finished, and whether coated VIII. Recommendation or uncoated. All on-the-road wheels sold in entered, or withdrawn from warehouse, Appendix I the United States are subject to the for consumption on or after the effective [FR Doc. 2019–05956 Filed 3–27–19; 8:45 am] date of the suspension of liquidation, as requirements of the National Highway Traffic Safety Administration and bear markings, BILLING CODE 3510–DS–P discussed above in the ‘‘Continuation of such as the ‘‘DOT’’ symbol, indicating Suspension of Liquidation’’ section. compliance with applicable motor vehicle DEPARTMENT OF COMMERCE Notification Regarding Administrative standards. See 49 CFR 571.120. The scope includes certain on-the-road steel wheels Protective Orders imported with or without the required International Trade Administration markings. Certain on-the-road steel wheels This notice will serve as a reminder [A–570–082] to the parties subject to administrative imported as an assembly with a tire mounted on the wheel and/or with a valve stem protective order (APO) of their attached are included. However, if the certain Certain Steel Wheels From the responsibility concerning the on-the-road steel wheel is imported as an People’s Republic of China: Final disposition of propriety information assembly with a tire mounted on the wheel Determination of Sales at Less-Than- disclosed under APO in accordance and/or with a valve stem attached, the certain Fair-Value with 19 CFR 351.305(a)(3). Timely on- the-road steel wheel is covered by the AGENCY: written notification of return or scope, but the tire and/or valve stem is not Enforcement and Compliance, destruction of APO materials or covered by the scope. International Trade Administration, conversion to judicial protective order is The scope includes rims and discs that Department of Commerce. have been further processed in a third hereby requested. Failure to comply SUMMARY: The Department of Commerce country, including, but not limited to, the (Commerce) determines that imports of with the regulations and terms of an welding and painting of rims and discs from APO is a sanctionable violation. China to form a steel wheel, or any other certain steel wheels (steel wheels) from processing that would not otherwise remove the People’s Republic of China (China) Notification to Interested Parties the merchandise from the scope of the are being, or are likely to be, sold in the This determination is issued and proceeding if performed in China. United States at less than fair value Excluded from the scope are: published in accordance with sections (LTFV), as provided in section 735 of (1) Steel wheels for tube-type tires that the Tariff Act of 1930, as amended (the 705(d) and 777(i)(1) of the Act and 19 require a removable side ring; CFR 351.210(c). Act) during the period of investigation (2) aluminum wheels; (POI), July 1, 2017, through December Dated: March 25, 2019. (3) wheels where steel represents less than fifty percent of the product by weight; and 31, 2017. Gary Taverman, (4) steel wheels that do not meet National DATES: Applicable March 28, 2019. Deputy Assistant Secretary for Antidumping Highway Traffic Safety Administration FOR FURTHER INFORMATION CONTACT: and Countervailing Duty Operations, requirements, other than the rim marking Lingjun Wang, AD/CVD Operations, performing the non-exclusive functions and requirements found in 49 CFR 571.120S5.2. duties of the Assistant Secretary for Imports of the subject merchandise are Office VII, Enforcement and Enforcement and Compliance. currently classified under the following Compliance, International Trade Administration, U.S. Department of Appendix I Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 8708.70.4530, Commerce, 1401 Constitution Avenue Scope of the Investigation 8708.70.4560, 8708.70.6030, 8708.70.6060, NW, Washington, DC 20230; telephone: The merchandise subject to the 8716.90.5045, and 8716.90.5059. (202) 482–2316. Merchandise meeting the scope description investigation is certain on-the-road steel SUPPLEMENTARY INFORMATION: wheels, discs, and rims for tubeless tires, may also enter under the following HTSUS with a nominal rim diameter of 22.5 inches subheadings: 4011.20.1015, 4011.20.5020, Background and 8708.99.4850. While HTSUS and 24.5 inches, regardless of width. Certain On October 30, 2018, Commerce on-the-road steel wheels with a nominal subheadings are provided for convenience and customs purposes, the written published in the Federal Register the wheel diameter of 22.5 inches and 24.5 description of the subject merchandise is inches are generally for Class 6, 7, and 8 preliminary affirmative determination of dispositive. commercial vehicles (as classified by the sales at LTFV of steel wheels from 1 Federal Highway Administration Gross Appendix II China. A summary of the events that Vehicle Weight Rating system), including occurred since Commerce published the tractors, semi-trailers, dump trucks, garbage List of Topics Discussed in the Issues and Preliminary Determination, as well as a trucks, concrete mixers, and buses, and are Decision Memorandum full discussion of the issues raised by the current standard wheel diameters for I. Summary the parties for this final determination, such applications. The standard widths of II. Background may be found in the Issues and Decision certain on-the-road steel wheels are 7.5 III. Period of Investigation Memorandum.2 inches, 8.25 inches, and 9.0 inches, but all IV. Scope of the Investigation

certain on-the-road steel wheels, regardless of V. Use of Facts Otherwise Available and 1 width, are covered by the scope. While 22.5 See Certain Steel Wheels from the People’s Adverse Inferences Republic of China: Preliminary Determination of inches and 24.5 inches are standard wheel VI. Affirmative Determination of Critical Sales at Less-Than-Fair-Value, 83 FR 54568 sizes used by Class 6, 7, and 8 commercial Circumstances, in Part (October 30, 2018) (Preliminary Determination) and vehicles, the scope covers sizes that may be VII. Discussion of the Issues accompanying Preliminary Decision Memorandum. adopted in the future for Class 6, 7, and 8 Comment 1: Whether To Clarify the Scope 2 See Memorandum, ‘‘Issues and Decision commercial vehicles. to Include Steel Wheels Processed in A Memorandum for the Final Determination of Sales

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The Issues and Decision provided for scope comments. On Affirmative Determination of Critical Memorandum is a public document and December 11, 2018, the petitioners 5 Circumstances is on file electronically via Enforcement requested that Commerce permit them and Compliance’s Antidumping and to submit additional factual information We find that critical circumstances Countervailing Duty Centralized for the final scope determination to exist with regard to the China-wide Electronic Service System (ACCESS). ensure any orders resulting from this entity pursuant to section 735(a)(3) of ACCESS is available to registered users investigation would effectively provide the Act. Specifically, we determine that at http://access.trade.gov, and ACCESS relief from unfairly-traded imports.6 In there is a reasonable basis to believe or is available to all parties in the Central response, Commerce provided the suspect that importers knew, or should Records Unit, Room B8024 of the main petitioners an opportunity to submit have known, that the subject Commerce building. In addition, a new factual information and comments merchandise was being sold at less than complete version of the Issues and relating to the scope. Commerce also fair value, and that those sales were Decision Memorandum can be accessed provided interested parties an likely to cause material injury in directly at http://enforcement.trade.gov/ opportunity to submit comments and accordance with section 735(a)(3)(A)(ii) frn/. The signed and electronic versions factual information intended to rebut, of the Act. Furthermore, we also find of the Issues and Decision clarify or correct the petitioners’ new 7 that there have been massive imports of Memorandum are identical in content. factual information. On December 19, the subject merchandise over a 2018, the petitioners submitted relatively short period pursuant to Period of Investigation comments on the scope of the The POI is July 1, 2017, through investigation.8 On February 4, 2019, sections 735(a)(3)(B) and 776(a)–(b) of December 31, 2017. Sunrise 9 and Zhejiang Jingu Company the Act. For further discussion, see the Issues and Decision Memorandum. Scope Comments Limited (Zhejiang Jingu) each submitted rebuttal comments pertaining to the Analysis of Comments Received In accordance with the preamble to petitioners’ scope comments.10 After Commerce’s regulations,3 the Initiation considering comments and supporting A list of issues which the petitioners Notice set aside a period of time for factual information, Commerce is raised in its case brief, as well as in the parties to raise issues regarding product modifying the scope language as it petitioners’ scope comments,11 along coverage (i.e., scope), and states that ‘‘if appeared in the Initiation Notice. For with Sunrise’s and Zhejiang Jingu’s a party subsequently finds that further discussion, see Issues and rebuttal comments,12 to which we additional factual information Decision Memorandum. responded in the Issues and Decision pertaining to the scope of the Memorandum, is attached to this notice investigation may be relevant, the party Scope of the Investigation at Appendix II. may contact Commerce and request The products covered by this permission to submit the additional investigation are steel wheels from Final Determination information.’’ 4 No issue was raised China. For a complete description of the regarding the scope as it appeared in the scope of this investigation, see The final, estimated weighted-average Initiation Notice during the period Appendix I. dumping margin is as follows:

TABLE 2 TO (D)(3)(II)(B)(1)(i)

Estimated weighted- Estimated weighted- average dumping Producer Exporter average dumping margin adjusted for margin subsidy offset(s) (percent) (percent)

China-Wide Entity ...... China-Wide Entity ...... 231.70 231.08

Disclosure public announcement or, if there is no individually examined companies public announcement, within five days participated in the investigation, and Normally, Commerce discloses to of the date of publication of this notice Commerce has applied total AFA to all interested parties the calculations in accordance with 19 CFR 351.224(b). producers and exporters, including the performed in connection with its final However, in this investigation, no China-wide entity, in accordance with determination within five days of its

at Less-Than-Fair-Value Investigation of Certain 7 See Memorandum, ‘‘Certain Steel Wheels from Topu Import & Export Co., Ltd. (‘‘Topu’’) Steel Wheels from the People’s Republic of China,’’ the People’s Republic of China: Opportunity to (collectively, ‘‘Sunrise’’) dated concurrently with, and hereby adopted by, Submit Factual Information and Comments 10 See Sunrise’s Letter, ‘‘Certain Steel Wheels this notice (Issues and Decision Memorandum). Pertaining to the Scope of Investigations,’’ dated from the People’s Republic of China: Response to 3 See Antidumping Duties; Countervailing Duties, December 14, 2018. Petitioners’ Request for Clarification of the Scope of Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 See Petitioners’ Letter, ‘‘Certain Steel Wheels the Investigations and Submission of Additional 4 See Certain Steel Wheels from the People’s from the People’s Republic of China (A–570–082, Factual Information Relevant to Scope,’’ dated Republic of China: Initiation of Less-Than-Fair- C–570–083)—Petitioners’ Request for Clarification February 4, 2019 (Sunrise’s Scope Rebuttal); see Value Investigation, 83 FR 17798 (April 24, 2018) of the Scope of the Investigations and Submission also Zhejiang Jingu’s Letter, ‘‘Antidumping and (Initiation Notice). of Additional Factual Information Relevant to Countervailing Duty Investigations of Certain Steel 5 The petitioners are Accuride Corporation and Scope,’’ dated December 19, 2018 (Petitioners’ Wheels from the People’s Republic of China: Maxion Wheels Akron LLC (collectively, the Scope Comments). Response to Petitioners’ Request for Clarification of petitioners). 9 Xiamen Sunrise Wheel Group Co., Ltd. Scope of Investigations,’’ dated February 4, 2019 6 See Petitioners’ Letter, ‘‘Certain Steel Wheels (‘‘Xiamen Sunrise’’), Xiamen Sunrise Wheel Co., (Zhejiang Jingu’s Scope Rebuttal). from China (A–570–082)—Petitioners’ Request to Ltd. (‘‘Sunrise Wheel’’), Xiamen Sunrise Metal Co., 11 See Petitioners’ Scope Comments. Submit Additional Factual Information Relevant to Ltd. (‘‘Sunrise Metal’’), Sichuan Sunrise Metal 12 See Sunrise’s Scope Rebuttal; see also Zhejiang Scope,’’ dated December 11, 2018. Industry Co., Ltd. (‘‘Sichuan Sunrise’’), and Xiamen Jingu’s Scope Rebuttal.

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section 776 of the Act. The applied AFA countervailable subsidies that are export Notification to Interested Parties rate continues to be based solely on the contingent,13 Commerce has offset the This determination is issued and petition, and, therefore, there are no estimated weighted-average dumping published in accordance with sections calculations to disclose to interested margin by the appropriate CVD rate(s). 735(d) and 777(i)(1) of the Act, and 19 parties. Any such adjusted cash deposit rates CFR 351.210(c). may be found in the ‘‘Final Suspension of Liquidation Dated: March 25, 2019. Determination Margin’’ section, above. In accordance with section These suspension of liquidation Gary Taverman, 735(c)(1)(B) of the Act, we will instruct instructions will remain in effect until Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, U.S. Customs and Border Protection further notice. (CBP) to continue to suspend performing the non-exclusive functions and liquidation of all imports of the International Trade Commission duties of the Assistant Secretary for merchandise, as described in Appendix Notification Enforcement and Compliance. I of this notice, that were entered or Appendix I withdrawn from warehouse, for In accordance with section 735(d) of consumption on or after October 30, the Act, we will notify the U.S. Scope of the Investigation 2018, the date that the Preliminary International Trade Commission (ITC) of The merchandise subject to the Determination was published. the final affirmative determination of investigation is certain on-the-road steel Section 735(c)(4) of the Act provides sales at LTFV. Because the final wheels, discs, and rims for tubeless tires, that, given an affirmative final with a nominal rim diameter of 22.5 inches determination in this proceeding is and 24.5 inches, regardless of width. Certain determination of critical circumstances, affirmative, in accordance with section on-the-road steel wheels with a nominal any suspension of liquidation shall 735(b)(2) of the Act, the ITC will make wheel diameter of 22.5 inches and 24.5 apply to unliquidated entries of subject its final determination as to whether the inches are generally for Class 6, 7, and 8 merchandise entered, or withdrawn domestic industry in the United States commercial vehicles (as classified by the from warehouse, for consumption on or is materially injured, or threatened with Federal Highway Administration Gross after August 1, 2018, which is 90 days material injury, by reason of imports of Vehicle Weight Rating system), including before the date on which the suspension tractors, semi-trailers, dump trucks, garbage subject merchandise no later than 45 trucks, concrete mixers, and buses, and are of liquidation was first ordered. As days after this final determination. If the discussed above and in more detail in the current standard wheel diameters for ITC determines that material injury, or such applications. The standard widths of the Issues and Decision Memorandum, threat of material injury, does not exist, certain on-the-road steel wheels are 7.5 Commerce finds that critical the proceeding will be terminated, and inches, 8.25 inches, and 9.0 inches, but all circumstances exist for imports of all cash deposits will be refunded. If the certain on-the-road steel wheels, regardless of subject merchandise produced or ITC determines that such injury does width, are covered by the scope. While 22.5 exported by the China-wide entity. In exist, Commerce will issue an inches and 24.5 inches are standard wheel sizes used by Class 6, 7, and 8 commercial accordance with section 733(c)(4) of the antidumping duty order directing CBP Act, the suspension of liquidation shall vehicles, the scope covers sizes that may be to assess, upon further instruction by adopted in the future for Class 6, 7, and 8 also apply to unliquidated entries of Commerce, antidumping duties on all shipments of subject merchandise from commercial vehicles. imports of the subject merchandise The scope includes certain on-the-road the China-wide entity that were entered, entered, or withdrawn from warehouse, steel wheels with either a ‘‘hub-piloted’’ or or withdrawn from warehouse from for consumption on or after the effective ‘‘stud-piloted’’ mounting configuration, and August 1, 2018, up to October 30, 2018. date of the suspension of liquidation. includes rims and discs for such wheels, Further, pursuant to section whether imported as an assembly or 735(c)(1)(B)(ii) of the Act, Commerce Notification Regarding Administrative separately. The scope includes certain on- will instruct CBP to collect a cash Protective Orders the-road steel wheels, discs, and rims, of deposit as follows: (1) The rate for the carbon and/or alloy steel composition, exporters and producers listed in the This notice will serve as the only whether cladded or not cladded, whether chart above will be equal to the reminder to parties subject to an finished or not finished, and whether coated or uncoated. All on-the-road wheels sold in estimated weighted-average dumping administrative protective order (APO) of the United States are subject to the margin that we have determined in this their responsibility concerning the requirements of the National Highway Traffic final determination; (2) for all Chinese disposition of proprietary information Safety Administration and bear markings, exporters of subject merchandise which disclosed under APO in accordance such as the ‘‘DOT’’ symbol, indicating have not received their own rate, the with 19 CFR 351.305(a)(3). Timely compliance with applicable motor vehicle cash-deposit rate will be equal to the written notification of the return or standards. See 49 CFR 571.120. The scope estimated weighted-average dumping destruction of APO materials, or includes certain on-the-road steel wheels margin for the China-wide entity; and conversion to judicial protective order, imported with or without the required markings. Certain on-the-road steel wheels (3) for all non-Chinese exporters of is hereby requested. Failure to comply imported as an assembly with a tire mounted subject merchandise which have not with the regulations and the terms of an on the wheel and/or with a valve stem received their own rate, the cash-deposit APO is a sanctionable violation. attached are included. However, if the certain rate will be equal to the rate applicable on-the-road steel wheel is imported as an to the Chinese exporter and producer 13 In the CVD final determination, based on AFA, assembly with a tire mounted on the wheel combination that supplied that non- we found the ‘‘Foreign Trade Development Fund and/or with a valve stem attached, the certain Chinese exporter. Commerce normally Program Grants’’ program to be inconsistent with on-the-road steel wheel is covered by the the Subsidies Agreement pursuant to section scope, but the tire and/or valve stem is not adjusts the estimated weighted-average 705(a)(2)(A) of the Act. See Certain Steel Wheels dumping margin by the amount of covered by the scope. from the People’s Republic of China: Final The scope includes rims and discs that export subsidies countervailed in a Affirmative Countervailing Duty Determination and have been further processed in a third companion countervailing duty (CVD) Affirmative Determination of Critical Circumstances, in Part, and accompanying Issues country, including, but not limited to, the proceeding when the CVD measures are and Decision Memorandum, dated concurrently welding and painting of rims and discs from in effect. Accordingly, where Commerce with this AD final determination. The AFA rate China to form a steel wheel, or any other made an affirmative determination for applied to that program was 0.62 percent. processing that would not otherwise remove

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the merchandise from the scope of the countervailable subsidies during the notice. The Issues and Decision proceeding if performed in China. period of review (POR) November 6, Memorandum is a public document and Excluded from the scope are: 2015, through December 31, 2016. is on file electronically via Enforcement (1) Steel wheels for tube-type tires that Commerce is also rescinding the review and Compliance’s Antidumping and require a removable side ring; (2) aluminum wheels; with respect to Mitsubishi International Countervailing Duty Centralized (3) wheels where steel represents less than Corporation. Electronic Service System (ACCESS). fifty percent of the product by weight; and DATES: Applicable March 28, 2019. ACCESS is available to registered users (4) steel wheels that do not meet National FOR FURTHER INFORMATION CONTACT: at http://access.trade.gov and to all Highway Traffic Safety Administration Myrna Lobo at 202–482–2371 or Jun parties in the Central Records Unit, requirements, other than the rim marking Jack Zhao at 202–482–1396, AD/CVD room B8024 of the main Department of requirements found in 49 CFR 571.120S5.2. Operations, Office VII, Enforcement and Commerce building. In addition, a Imports of the subject merchandise are complete version of the Issues and currently classified under the following Compliance, International Trade Harmonized Tariff Schedule of the United Administration, U.S. Department of Decision Memorandum can be accessed States (HTSUS) subheadings: 8708.70.4530, Commerce, 1401 Constitution Avenue directly at http://enforcement.trade.gov/ 8708.70.4560, 8708.70.6030, 8708.70.6060, NW, Washington, DC 20230. frn/index.html. The signed Issues and 8716.90.5045, and 8716.90.5059. SUPPLEMENTARY INFORMATION: Decision Memorandum and the Merchandise meeting the scope description electronic version of the Issues and may also enter under the following HTSUS Background Decision Memorandum are identical in subheadings: 4011.20.1015, 4011.20.5020, Commerce published the Preliminary content. and 8708.99.4850. While HTSUS Results of on August 10, 2018.1 For a subheadings are provided for convenience Changes Since the Preliminary Results and customs purposes, the written history of events that occurred since the description of the subject merchandise is Preliminary Results, see the Issues and Based on the comments received from dispositive. Decision Memorandum.2 interested parties and information On December 6, 2018, we postponed received from the GOK after the Appendix II the final results of this review until Preliminary Results, we made changes List of Topics Discussed in the Issues and February 6, 2019. As a result of the to the net subsidy rates calculated for Decision Memorandum partial government shutdown, the Hyundai Steel. We did not make any I. Summary deadline for the final results of this changes to the net subsidy rates II. Background review was revised to March 18, 2019.3 calculated for Dongbu. For a discussion III. Period of Investigation Based on an analysis of the comments of these issues, see the Issues and IV. Scope of the Investigation received and information received from Decision Memorandum. V. Use of Facts Otherwise Available and the Government of Korea (GOK) after Adverse Inferences the Preliminary Results, Commerce has Methodology VI. Affirmative Determination of Critical revised its calculations for Hyundai Commerce conducted this review in Circumstances VII. Discussion of Issues Steel. Commerce did not make any accordance with section 751(a)(1)(A) of Comment 1: Scope Clarification for Rims changes to the subsidy rates determined the Tariff Act of 1930, as amended (the and Discs Processed in a Third Country for Dongbu. The final subsidy rates are Act). For each of the subsidy programs Comment 2: Critical Circumstances listed in the ‘‘Final Results of found countervailable, we find that Comment 3: Application of Adverse Facts Administrative Review’’ section, below. there is a subsidy, i.e., a government- Available provided financial contribution that Scope of the Order Comment 4: Separate Rate Status for gives rise to a benefit to the recipient, CIMAC The products covered by this order and that the subsidy is specific.4 For a VIII. Recommendation are certain corrosion-resistant steel description of the methodology [FR Doc. 2019–05957 Filed 3–27–19; 8:45 am] products. For a complete description of underlying all of Commerce’s BILLING CODE 3510–DS–P the scope of this order, see attachment conclusions, see the Issues and Decision to the Issues and Decision Memorandum. Memorandum. DEPARTMENT OF COMMERCE Partial Rescission of Review Analysis of Comments Received Commerce initiated a review of International Trade Administration All issues raised in interested parties’ Mitsubishi International Corporation [C–580–879] case briefs are addressed in the Issues (Mitsubishi) in this administrative and Decision Memorandum. The issues review.5 In the Preliminary Results, we Certain Corrosion-Resistant Steel are identified in the Appendix to this stated our intent to rescind the review Products From the Republic of Korea: with respect to Mitsubishi because 1 Final Results and Partial Rescission of See Certain Corrosion-Resistant Steel Products Mitsubishi claimed no shipments Countervailing Duty Administrative from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; and during the POR and we did not receive Review; 2015–2016 Rescission of Review, Rescission of Review, in Part, any contradictory information. and Intent to Rescind, in Part; 2015–16 (August 10, Therefore, in accordance with 19 CFR AGENCY: Enforcement and Compliance, 2018) (Preliminary Results), and accompanying International Trade Administration, Preliminary Decision Memorandum. 351.213(d)(3), we are rescinding this Department of Commerce. 2 See Memorandum re: Issues and Decision 4 SUMMARY: The Department of Commerce Memorandum For the Final Results of See sections 771(5)(B) and (D) of the Act Countervailing Duty Administrative Review of regarding financial contribution; section 771(5)(E) (Commerce) determines that Hyundai Corrosion-Resistant Steel Products from the of the Act regarding benefit; and section 771(5A) of Steel Company (Hyundai Steel), Dongbu Republic of Korea; 2015–2017 (Issues and Decision the Act regarding specificity. Steel Co., Ltd/Dongbu Incheon Steel Memorandum, or IDM), dated concurrently with, 5 See Initiation of Antidumping and Co., Ltd. (Dongbu), producers and/or and hereby adopted by, this notice. Countervailing Duty Administrative Reviews, 82 FR 3 See Memorandum re: Deadlines Affected by the 42974 (September 13, 2017) (Initiation Notice), exporters of certain corrosion-resistant Partial Shutdown of the Federal Government, dated corrected by Initiation of Antidumping and steel products (CORE) from the Republic January 28, 2019. All deadlines in this segment of Countervailing Duty Administrative Reviews, 82 FR of Korea (Korea), received the proceeding have been extended by 40 days. 48051 (October 16, 2017) (Correction Notice).

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administrative review with respect to applied a subsidy rate based on a Final Results of Administrative Review Mitsubishi. weighted-average of the subsidy rates calculated for Dongbu and Hyundai In accordance with section 777A(e)(1) Companies Not Selected for Individual of the Act and 19 CFR 351.221(b)(5), we Review Steel using publicly ranged sales data submitted by respondents. This is determine the total estimated net For the companies not selected for consistent with the methodology that countervailable subsidy rates for the individual review, because the rates we would use in an investigation to period November 6, 2015, through calculated for Dongbu and Hyundai establish the all-others rate, pursuant to December 31, 2016 to be: Steel were above de minimis and not section 705(c)(5)(A) of the Act. based entirely on facts available, we

Subsidy rate Company (percent ad valorem) 2015 2016

Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd ...... 7.63 8.47 Hyundai Steel Company ...... 0.61 0.57 Bukook Steel Co., Ltd ...... 3.13 3.34 CJ Korea Express ...... 3.13 3.34 DK Dongshin Co., Ltd ...... 3.13 3.34 Dongbu Express ...... 3.13 3.34 Hongyi (HK) Hardware Products Co., Ltd ...... 3.13 3.34 Jeil Sanup Co., Ltd ...... 3.13 3.34 POSCO ...... 3.13 3.34 POSCO C&C ...... 3.13 3.34 POSCO Daewoo Corp ...... 3.13 3.34 Sejung Shipping Co., Ltd ...... 3.13 3.34 SeAH Steel ...... 3.13 3.34 Seil Steel Co., Ltd ...... 3.13 3.34 Soon Hong Trading Co., Ltd ...... 3.13 3.34 Taisan Construction Co., Ltd ...... 3.13 3.34 TCC Steel Co., Ltd ...... 3.13 3.34 Young Sun Steel Co ...... 3.13 3.34

Assessment and Cash Deposit company-specific or all-others rate Dated: March 18, 2019. Requirements applicable to the company, as Christian Marsh, appropriate. These cash deposit In accordance with 19 CFR Deputy Assistant Secretary for Enforcement requirements, when imposed, shall and Compliance. 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. remain in effect until further notice. Appendix—List of Topics Discussed in Customs and Border Protection (CBP) 15 Administrative Protective Order the Issues and Decision Memorandum days after publication of the final results This notice also serves as a final I. Summary of this review. We will instruct CBP to II. Scope of the Order liquidate shipments of subject reminder to parties subject to an III. Period of Review merchandise produced and/or exported administrative protective order (APO) of IV. Rescission of Administrative Review, in by the companies listed above, entered, their responsibility concerning the Part or withdrawn from warehouse for return or destruction of proprietary V. Subsidies Valuation Information consumption, from November 6, 2015, information disclosed under APO in VI. Analysis of Programs through December 31, 2016, at the ad accordance with 19 CFR 351.305(a)(3), VII. Discussion of Comments valorem rates listed above. The which continues to govern business Comment 1: Whether Hyundai Green liquidation rate applicable to the period proprietary information in this segment Power is Hyundai Steel’s Cross-Owned in 2015 will be the 2015 rates shown Input Supplier of proceeding. Timely written Comment 2: Whether Tax Benefits Should above, and the rates applicable to the notification of the return/destruction of period in 2016 will be the 2016 rates be Adjusted to Account for the Special APO materials or conversion to judicial Rural Development Tax shown above. The 2016 rates will also protective order is hereby requested. Comment 3: Whether Tax Credit Programs serve as the cash deposit rates for Failure to comply with the regulations Under the RSTA Meet the Specificity exports of subject merchandise and terms of an APO is a violation Requirement subsequent to these final results. which is subject to sanction. Comment 4: Whether Suncheon Harbor We intend also to instruct CBP to Usage Fee Exemptions under the Harbor collect cash deposits of estimated Disclosure Act Are Countervailable countervailing duties, in the amounts Comment 5: Whether the Trading of We will disclose the calculations shown above for 2016, on shipments of Demand Response Resource Program is performed within five days of the date subject merchandise entered, or Specific of publication of this notice to parties in Comment 6: Rescission of Review with withdrawn from warehouse, for Respect to Mitsubishi International consumption on or after the date of this proceeding, in accordance with 19 CFR 351.224(b). Corporation publication of the final results of this Comment 7: Whether the Non- review. For all non-reviewed firms, we These final results are issued and Government-Owned Banks Participating will instruct CBP to continue to collect published in accordance with sections in Dongbu’s Debt Restructuring Program cash deposits at the most-recent 751(a)(1) and 777(i)(1) of the Act. Provided a Financial Contribution

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Comment 8: Whether Dongbu’s Loan allocations provide these communities DEPARTMENT OF COMMERCE Restructuring by the GOK Creditors the means for starting or supporting Provided a Financial Contribution and commercial fisheries activities that will National Oceanic and Atmospheric Benefit to Dongbu Administration Comment 9: Whether Loan Restructuring result in an ongoing, regionally based, fisheries-related economy. Provided to Dongbu was Specific Submission for OMB Review; Pursuant to Section 771(5A)(D)(iii) of the This collection contains applications Comment Request Act used by a nonprofit corporation to Comment 10: Whether Commerce Should become a CQE; by CQEs to receive The Department of Commerce will Use the Interest Rate of Commercial nontrawl groundfish LLP licenses and submit to the Office of Management and Banks Participating in the Creditor Bank Budget (OMB) for clearance the CHP permits; by CQEs to transfer or Committee as the Loan Benchmark following proposal for collection of Comment 11: Whether the Debt-To-Equity receive IFQ QS; by CQEs to transfer IFQ information under the provisions of the Swaps in Dongbu’s Debt Restructuring to an eligible community resident or Paperwork Reduction Act (44 U.S.C. Program Conferred a Benefit non-resident; and by CQEs to transfer VIII. Recommendation Chapter 35). between commercial halibut IFQ and Agency: National Oceanic and [FR Doc. 2019–05904 Filed 3–27–19; 8:45 am] halibut guided angler fish. In addition, Atmospheric Administration (NOAA). BILLING CODE 3510–DS–P this collection contains two reporting Title: Proposed Information requirements: An annual report and an Collection; Comment Request; Atlantic authorization letter. Annually each CQE Highly Migratory Species Tournament DEPARTMENT OF COMMERCE must submit a report describing its Registration and Reporting. National Oceanic and Atmospheric business operations and fishing OMB Control Number: 0648–0323. Form Number(s): None. Administration activities for each eligible community it represents. CQEs requesting LLP Type of Request: Regular submission Submission for OMB Review; groundfish licenses must annually (extension of a current information Comment Request submit an authorization letter that collection). Number of Respondents: 600. The Department of Commerce will assigns each community LLP license to Average Hours per Response: submit to the Office of Management and a user and vessel. Tournament registration, 2 minutes; Budget (OMB) for clearance the The National Marine Fisheries Service tournament summary reporting, 20 following proposal for collection of uses this information collection to minutes. information under the provisions of the evaluate the ability of a specific CQE to Burden Hours: 110. Paperwork Reduction Act (44 U.S.C. represent an eligible community and to Needs and Uses: Under the provisions chapter 35). augment fisheries management. The of the Magnuson-Stevens Fishery Agency: National Oceanic and information collected is used to Conservation and Management Act (16 Atmospheric Administration (NOAA). establish eligibility of the CQEs; review U.S.C. 1801 et seq.), NOAA’s National Marine Fisheries Service (NMFS) is Title: Alaska Community Quota Entity each CQE’s business operations and responsible for management of the (CQE) Program. fishing activity; monitor participation of OMB Control Number: 0648–0665. nation’s marine fisheries. Existing the eligible communities in the CQE Form Number(s): None. regulations require operators of Type of Request: Regular. (Extension Program and associated limited access tournaments involving Atlantic highly of currently approved collection.) programs; and gather information on migratory species (HMS; Atlantic Number of Respondents: 36. distribution and use among these swordfish, sharks, billfish, and tunas) to Average Hours per Response: 200 communities of LLP groundfish register four weeks in advance of the hours for Application for a Non-profit licenses, charter halibut permits, and tournament. Operators must provide Corporation to be Designated as a CQE; halibut and sablefish QS and IFQ. contact information and the 2 hours each for Application to transfer Affected Public: Not-for-profit tournament’s date(s), location(s), and Quota Share Individual Fishing Quota institutions; Individuals or households. target species. All operators are required (IFQ) to or from a CQE, Application for to submit an HMS tournament summary Frequency: Annually; on occasion. CQE to Transfer IFQ to an Eligible report within seven days after Community Resident or Non-resident, Respondent’s Obligation: Mandatory. tournament fishing has ended. Most of and Application for Transfer between This information collection request the catch data in the summary report is IFQ and Guided Angler Fish by a CQE; may be viewed at reginfo.gov. Follow routinely collected in the course of 20 hours for Application for a CQE to the instructions to view Department of regular tournament operations. NMFS Receive a Nontrawl Groundfish LLP Commerce collections currently under uses the data to estimate the total License; 40 hours for CQE Annual review by OMB. annual catch of HMS and the impact of Report; 1 hour each for Application for tournament operations in relation to Community Charter Halibut Permit and Written comments and other types of fishing activities. In CQE License Limitation Program (LLP) recommendations for the proposed addition, HMS tournament registration Authorization Letter. information collection should be sent provides a method for tournament Burden Hours: 1,737 hours. within 30 days of publication of this operators to request educational and _ Needs and Uses: This request is for notice to OIRA Submission@ regulatory outreach materials from extension of a currently approved omb.eop.gov or fax to (202) 395–5806. NMFS. information collection that contains Affected Public: Business or other for- Sheleen Dumas, applications, permits, and reports profit organizations; Not-for-profit necessary to manage the CQE Program. Departmental Lead PRA Officer, Office of the institutions. The CQE Program allocates to eligible Chief Information Officer, Commerce Frequency: Varies with the number of communities in Alaska a portion of the Department. tournaments occurring. harvest quotas for groundfish, halibut, [FR Doc. 2019–05921 Filed 3–27–19; 8:45 am] Respondent’s Obligation: Tournament crab, and prohibited species. The BILLING CODE 3510–22–P operators are required to submit an

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HMS tournament summary report wishing to apply for an appointment in under the Magnuson-Stevens Act, and within seven days after tournament the NOAA Commissioned Officer Corps for a request by a state for reinstatement fishing has ended. must complete an application package. of state authority over a managed This information collection request Affected Public: Individuals or fishery. Nominees for council may be viewed at reginfo.gov. Follow households. membership must provide the governor the instructions to view Department of Frequency: On occasion. or tribe with background Commerce collections currently under Respondent’s Obligation: Voluntary. documentation, which is then submitted review by OMB. This information collection request to NOAA with the nomination. The Written comments and may be viewed at reginfo.gov. Follow information submitted with these recommendations for the proposed the instructions to view Department of actions will be used to ensure that the information collection should be sent Commerce collections currently under requirements of the Magnuson-Stevens within 30 days of publication of this review by OMB. Act are being met. notice to OIRA_Submission@ Written comments and Affected Public: State, Local or Tribal omb.eop.gov or fax to (202) 395–5806. recommendations for the proposed government. information collection should be sent Frequency: Annual. Sheleen Dumas, within 30 days of publication of this Respondent’s Obligation: Required Departmental Lead PRA Officer, Office of the notice to OIRA_Submission@ per regulation at 50 CFR 600.215. Chief Information Officer, Commerce omb.eop.gov or fax to (202) 395–5806. This information collection request Department. may be viewed at reginfo.gov. Follow Sheleen Dumas, [FR Doc. 2019–05918 Filed 3–27–19; 8:45 am] the instructions to view Department of BILLING CODE 3510–22–P Departmental Lead PRA Officer, Office of the Commerce collections currently under Chief Information Officer, Commerce Department. review by OMB. Written comments and DEPARTMENT OF COMMERCE [FR Doc. 2019–05916 Filed 3–27–19; 8:45 am] recommendations for the proposed BILLING CODE 3510–12–P National Oceanic and Atmospheric information collection should be sent Administration within 30 days of publication of this _ DEPARTMENT OF COMMERCE notice to OIRA Submission@ Submission for OMB Review; omb.eop.gov or fax to (202) 395–5806. Comment Request National Oceanic and Atmospheric Sheleen Dumas, Administration The Department of Commerce will Departmental Lead PRA Officer, Office of the submit to the Office of Management and Chief Information Officer, Commerce Submission for OMB Review; Department. Budget (OMB) for clearance the Comment Request following proposal for collection of [FR Doc. 2019–05917 Filed 3–27–19; 8:45 am] information under the provisions of the The Department of Commerce will BILLING CODE 3510–22–P Paperwork Reduction Act (44 U.S.C. submit to the Office of Management and Chapter 35). Budget (OMB) for clearance the Agency: National Oceanic and following proposal for collection of DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA). information under the provisions of the Title: Application for Appointment in Paperwork Reduction Act (44 U.S.C. National Oceanic and Atmospheric the NOAA Commissioned Officer Corps. chapter 35). Administration OMB Control Number: 0648–0047. Agency: National Oceanic and Submission for OMB Review; Form Number(s): NOAA Forms 56– Atmospheric Administration (NOAA). Comment Request 42; 56–42D. Title: Designation of Fishery Type of Request: Regular submission. Management Council Members and The Department of Commerce will Number of Respondents: 300. Application for Reinstatement of State submit to the Office of Management and Average Hours per Response: Authority. Budget (OMB) for clearance the Application, 2 hours; references, 15 OMB Control Number: 0648–0314. following proposal for collection of minutes; applicant interview, 5 hours. Form Number(s): None. information under the provisions of the Burden Hours: 2,475. Type of Request: Regular (extension of Paperwork Reduction Act (44 U.S.C. Needs and Uses: The NOAA a currently approved collection). chapter 35). Commissioned Officer Corps is the Number of Respondents: 275. Agency: National Oceanic and uniformed service of the National Average Hours per Response: 1 hour Atmospheric Administration (NOAA). Oceanic and Atmospheric to designate a principal state fishery Title: Specified Fishing Agreements Administration, a bureau of the United official(s) or for a request to reinstate for U.S. Territorial Catch, Effort and States Department of Commerce. The authority; 80 hours for a nomination for Allocation Limits. NOAA Corps provides a cadre of a Council appointment; 16 hours for OMB Control Number: 0648–0689. professionals trained in engineering, background documentation for Form Number(s): None. earth sciences, oceanography, nominees. Type of Request: Regular (extension of meteorology, fisheries science, and Burden Hours: 4,607. a current collection of information). other related disciplines who serve their Needs and Uses: The Magnuson- Number of Respondents: 5. country by supporting NOAA’s mission Stevens Fishery Conservation and Average Hours per Response: 6 hours of surveying the Earth’s oceans, coasts, Management Act (Magnuson-Stevens per agreement; 2 hours per appeal. and atmosphere to ensure the economic Act), as amended in 1996, provides for Burden Hours: 32 (estimating one and physical well-being of the Nation. the nomination for members of Fishery appeal per year). NOAA Corps officers operate vessels Management Councils by state Needs and Uses: The Fishery and aircraft engaged in scientific governors and Indian treaty tribes, for Ecosystem Plan (FEP) for Pelagic missions and serve in leadership the designation of a principal state Fisheries of the Western Pacific contains positions throughout NOAA. Persons fishery official who will perform duties a process that allows NOAA’s National

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Marine Fisheries Service (NMFS) to notice to OIRA_Submission@ the instructions to view Department of implement catch and/or fishing effort omb.eop.gov or fax to (202) 395–5806. Commerce collections currently under limits for management unit species review by OMB. Sheleen Dumas, (MUS) caught by pelagic fisheries in the Written comments and American Samoa, Guam, and the Departmental Lead PRA Officer, Office of the recommendations for the proposed Chief Information Officer, Commerce information collection should be sent Commonwealth of the Northern Mariana Department. Islands (hereinafter, the U.S. territories). within 30 days of publication of this The process also allows NMFS to [FR Doc. 2019–05920 Filed 3–27–19; 8:45 am] notice to OIRA_Submission@ authorize the government of each U.S. BILLING CODE 3510–22–P omb.eop.gov or fax to (202) 395–5806. territory to allocate a specific amount of Sheleen Dumas, MUS to a U.S. fishing vessel permitted DEPARTMENT OF COMMERCE under the FEP through a specified Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce fishing agreement, not to exceed the National Oceanic and Atmospheric Department. amount made available for allocation by Administration [FR Doc. 2019–05914 Filed 3–27–19; 8:45 am] NMFS. Funds provided by U.S. fishing vessels through a specified fishing Submission for OMB Review; BILLING CODE 3510–22–P agreement are deposited into the Comment Request Western Pacific Sustainable Fisheries DEPARTMENT OF COMMERCE Fund (SFF) to support fisheries The Department of Commerce will development projects listed in a marine submit to the Office of Management and Budget (OMB) for clearance the National Oceanic and Atmospheric conservation plan of a U.S. territory Administration submitted to and approved by the following proposal for collection of Secretary of Commerce. information under the provisions of the Submission for OMB Review; Paperwork Reduction Act (44 U.S.C. Comment Request Data gathered under a specified chapter 35). fishing agreement will include the Agency: National Oceanic and The Department of Commerce will identity of fishing vessels subject to the Atmospheric Administration (NOAA). submit to the Office of Management and agreement, the amount (weight) of MUS Title: International Billfish Angler Budget (OMB) for clearance the or fishing effort to which the agreement Survey. following proposal for collection of applies, and the amount of monetary OMB Control Number: 0648–0020. information under the provisions of the contributions that fishing vessel, subject Form Number(s): NOAA Form 88–10. Paperwork Reduction Act (44 U.S.C. to the agreement, will deposit into the Type of Request: Regular. Chapter 35). SFF, if applicable. Additionally, Number of Respondents: 600. Agency: National Oceanic and specified fishing agreements must be Average Hours per Response: 5 Atmospheric Administration (NOAA). signed by an authorized official of the minutes. Title: Marine Recreational Information U.S. territory or designated Burden Hours: 50. Program, Access-Point Angler Intercept representative, and be signed by each Needs and Uses: The International Survey (APAIS). vessel owner or designated Billfish Angler Survey began in 1969 OMB Control Number: 0648–0659. representative. There is no form for an and is an integral part of the Billfish Form Number(s): None. agreement. Research Program at the National Type of Request: Regular submission NMFS will use the data collected to Oceanic and Atmospheric (extension of a current information determine vessel eligibility, and ensure Administration’s (NOAA) Southwest collection). the amount of MUS or fishing effort Fisheries Science Center (SWFSC). The Number of Respondents: 100,000. available for allocation to a U.S. fishing survey tracks recreational angler fishing Average Hours per Response: 0.083. vessel is consistent with the Pelagic catch and effort for billfish in the Pacific Burden Hours: 8,333. FEP, the Magnuson-Stevens Fishery and Indian Oceans in support of the Needs and Uses: Data collected from Conservation and Management Act and Pacific and Western Pacific Fishery the APAIS are used to estimate the other applicable laws, and the Management Councils, authorized finfish catch per angler of recreational conservation needs of the stock. under the Magnuson-Stevens Fishery saltwater fishers. These APAIS Conservation and Management Act estimates are combined with estimates Affected Public: Individuals or (MSA). The data are used by scientists derived from independent but households; business or other for-profit and fishery managers to assist with complementary surveys of fishing effort, organizations; State or Territorial assessing the status of billfish stocks. the Fishing Effort Survey and the For- government. The survey is intended for anglers Hire Survey, to estimate total, state-level Frequency: Annual. cooperating in the Billfish Program and fishing catch by species. These Respondent’s Obligation: To submit a is entirely voluntary. This survey is estimates are used in the development, complete specified fishing agreement specific to recreational anglers fishing implementation, and monitoring of that includes the information set forth for Istiophorid and Xiphiid billfish in fishery management programs by the in federal regulations at 50 CFR 665.819. the Pacific and Indian Oceans; as such NMFS, regional fishery management it provides the only estimates of catch councils, interstate marine fisheries This information collection request per unit of effort for recreational billfish commissions, and state fishery agencies. may be viewed at reginfo.gov. Follow fishing in those areas. These data are required to carry out the instructions to view Department of Affected Public: Individuals or provisions of the Magnuson-Stevens Commerce collections currently under households. Fishery Conservation and Management review by OMB. Frequency: Once annually. Act (16 U.S.C. 1801 et seq.), as Written comments and Respondent’s Obligation: $0 in amended, regarding conservation and recommendations for the proposed recordkeeping/reporting costs. management of fishery resources. information collection should be sent This information collection request Affected Public: Individuals or within 30 days of publication of this may be viewed at reginfo.gov. Follow Households.

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Frequency: One-time, in-person Marine Fisheries Service (NMFS). The FOR FURTHER INFORMATION CONTACT: Jim interview. CCF is a tax deferral program which Freeman, Advisory Committee Respondent’s Obligation: Voluntary. allows participating fishermen to defer Management Officer for the Department This information collection request tax on vessel income deposited into the of Defense, 703–692–5952. may be viewed at reginfo.gov. Follow Fund and provides for recapture of the SUPPLEMENTARY INFORMATION: The the instructions to view Department of deferred tax by reducing an Agreement Board’s charter is being renewed Commerce collections currently under vessel’s basis by the amount withdrawn pursuant to 10 U.S.C. 2113a and in review by OMB. for its construction, acquisition and/or accordance with the Federal Advisory Written comments and reconstruction. Program requirements Committee Act (FACA) of 1972 (5 recommendations for the proposed are detailed at 50 CFR part 259. U.S.C., Appendix, as amended) and 41 information collection should be sent Affected Public: Business or other for- CFR 102–3.50(a). The Board’s charter within 30 days of publication of this profit organizations. and contact information for the Board’s _ notice to OIRA Submission@ Frequency: Once per year (NOAA Designated Federal Officer (DFO) can be omb.eop.gov or fax to (202) 395–5806. Form 34–82); Once when applying for found at https://www.facadatabase.gov/ Sheleen Dumas, program benefits (NOAA Form 88–14); FACA/apex/FACAPublic Varies depending on project intent Departmental Lead PRA Officer, Office of the AgencyNavigation. Chief Information Officer, Commerce (Certificate Family of Forms). The Board shall assist the Secretary of Department. Respondent’s Obligation: To remain Defense in an advisory capacity in [FR Doc. 2019–05919 Filed 3–27–19; 8:45 am] compliant, active Agreement holders carrying out the Secretary’s must submit NOAA Form 34–82 along BILLING CODE 3510–22–P responsibility to conduct the business of with a copy of their Federal income tax the Uniformed Services University of return not later than 30 days after the the Health Sciences (‘‘the University’’). DEPARTMENT OF COMMERCE deadline, with extensions, for filing The Board shall provide advice and their tax return. The Certificate Family recommendations on academic and National Oceanic and Atmospheric of Forms is completed prior to project administrative matters critical to the full Administration commencement at a minimum of once accreditation and successful operation every ten years. New applicants are of the University. Submission for OMB Review; required to complete a written Pursuant to 10 U.S.C. 2113a(b), the Comment Request Agreement (NOAA Form 88–14) and Board shall be composed of 15 application related documents in the The Department of Commerce will members, appointed or designated as Certificate Family of Forms only once, submit to the Office of Management and follows: a. Nine persons outstanding in as part of their packet submission. Budget (OMB) for clearance the the fields of health care, higher This information collection request following proposal for collection of education administration, or public may be viewed at reginfo.gov. Follow information under the provisions of the policy, who shall be appointed from the instructions to view Department of Paperwork Reduction Act (44 U.S.C. civilian life by the DoD Appointing Commerce collections currently under chapter 35). Authorities; b. the Secretary of Defense, Agency: National Oceanic and review by OMB. or his or her designee, who shall be an Atmospheric Administration (NOAA). Written comments and ex-officio member; c. the Surgeons Title: Capital Construction Fund recommendations for the proposed General of the Uniformed Services, who Agreement, Certificate Family of Forms information collection should be sent shall be ex-officio members; and d. the within 30 days of publication of this President of the University, who shall and Deposit/Withdrawal Report. _ OMB Control Number: 0648–0041. notice to OIRA Submission@ be a non-voting, ex-officio member. As Form Number(s): NOAA Form 34–82; omb.eop.gov or fax to (202) 395–5806. directed by 10 U.S.C. 2113a(c), the term NOAA Form 88–14; Certificate Family Sheleen Dumas, of office of each member of the Board of Forms. Departmental Lead PRA Officer, Office of the (other than ex-officio members) shall be Type of Request: Regular submission Chief Information Officer, Commerce six years except that: a. Any member (extension of a current information Department. appointed to fill a vacancy occurring collection). [FR Doc. 2019–05913 Filed 3–27–19; 8:45 am] before the expiration of the term for which his or her predecessor was Number of Respondents: 1,000 BILLING CODE 3510–22–P (NOAA Form 34–82); 50 (NOAA Form appointed shall be appointed for the 88–14); 550 (Certificate Family of remainder of such term; and, b. any Forms). member whose term of office has Average Hours per Response: 3.5 DEPARTMENT OF DEFENSE expired shall continue to serve until his hours (NOAA Form 34–82); 0.5 hours or her successor is appointed. (NOAA Form 88–14); 1.0 hour Office of the Secretary In accordance with 10 U.S.C. (Certificate Family of Forms). Charter Renewal of Department of 2113a(d), one of the members of the Burden Hours: 4,075. Defense Federal Advisory Committees Board (other than an ex-officio member) Needs and Uses: NOAA Form 34–82, shall be designated as Chair by the DoD NOAA Form 88–14 and the Certificate AGENCY: Department of Defense. Appointing Authorities and shall be the Family of Forms are used to facilitate ACTION: Renewal of Federal Advisory presiding officer of the Board. meeting the continuing recordkeeping Committee. Board members who are not ex-officio requirements of the Capital members shall be appointed by the DoD Construction Fund (CCF) program. The SUMMARY: The Department of Defense is Appointing Authorities, and their Merchant Marine Act of 1936, as publishing this notice to announce that appointments will be renewed on an amended by Public Law 91–469 and it is renewing the charter for the Board annual basis according to DoD policies Public Law 99–514, provides for the of Regents, Uniformed Services and procedures. No member, unless administration of a Capital Construction University of the Health Sciences (‘‘the approved by the DoD Appointing Fund (CCF) Program by the National Board’’). Authorities, may serve more than two

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consecutive terms of service on the FOR FURTHER INFORMATION CONTACT: Jim any feasibility report for a project on the Board, to include its subcommittees, or Freeman, Advisory Committee inland waterway system that has been serve on more than two DoD federal Management Officer for the Department submitted to Congress pursuant to 33 advisory committees at one time. of Defense, 703–692–5952. U.S.C. 2282d; c. Congress regarding an Members of the Board who are not SUPPLEMENTARY INFORMATION: The increase in the authorized cost of those full-time or permanent part-time Federal Board’s charter is being renewed features and components; d. Congress officers or employees will be appointed pursuant to 33 U.S.C. 2251(a), and in regarding construction and as experts or consultants, pursuant to 5 accordance with the Federal Advisory rehabilitation priorities and spending U.S.C. 3109, to serve as special Committee Act (FACA) (5 U.S.C., App) levels no later than 60 days after the government employee members. Board and 41 CFR 102–3.50(a). The Board’s date of the submission of the budget members who are full-time or charter and contact information for the proposal of the President to Congress; e. permanent part-time Federal officers or Board’s Designated Federal Officer and the Secretary and Congress on the employees will be appointed, pursuant (DFO) can be found at https:// development of a long-term capital to 41 CFR 102–3.130(a), to serve as www.facadatabase.gov/FACA/apex/ investment program in accordance with regular government employee members. FACAPublicAgencyNavigation. 33 U.S.C. 2251(d). All members of the Board are Pursuant to 33 U.S.C. 2251(a), the The Secretary of Defense, pursuant to appointed to provide advice on the basis Board shall be composed of eleven 33 U.S.C. 2251(c), shall: a. of their best judgment without members appointed to serve as Communicate no less frequently than representing any particular point of representative members. The members once each quarter to the Board the status view and in a manner that is free from shall be selected so as to represent of the study, design, or construction of conflict of interest. various regions of the country and a all commercial navigation features or Pursuant to 10 U.S.C. 2113a(e), Board spectrum of the primary users and components of the inland waterways or members (other than ex-officio shippers utilizing the inland and inland harbors of the United States; and members), while attending conferences intracoastal waterways for commercial b. submit to the Board a courtesy copy or meetings or while otherwise purposes. Due consideration shall be of all completed feasibility reports performing their duties as members, given to assure a balance among the relating to a commercial navigation shall be entitled to receive members based on the ton-mile feature or component of the inland compensation at a rate to be fixed by the shipments of the various categories of waterways or inland harbors of the Secretary of Defense. Each member is commodities shipped on inland United States. reimbursed for travel and per diem as it waterways. In addition, the Secretary of The public or interested organizations pertains to official business of the the Army shall designate, and the may submit written statements to the Board. Secretaries of Agriculture, Board’s membership about the Board’s mission and functions. Written The public or interested organizations Transportation, and Commerce may statements may be submitted at any may submit written statements to the each designate, a representative to act as time or in response to the stated agenda Board membership about the Board’s an observer of the Board. of planned meeting of the Board. All mission and functions. Written Consistent with 33 U.S.C. 2251(a), the written statements shall be submitted to statements may be submitted at any Secretary of the Army, as the DoD the DFO for the Board, and this time or in response to the stated agenda Sponsor, shall designate one Board individual will ensure that the written of planned meeting of the Board. All member to serve as the Board’s statements are provided to the written statements shall be submitted to Chairperson. The Secretary of Defense, membership for their consideration. the DFO for the Board, and this Deputy Secretary of Defense, or the individual will ensure that the written Chief Management Officer for the DoD Dated: March 22, 2019. statements are provided to the may approve the appointment of a Vice Aaron T. Siegel, membership for their consideration. Chair in accordance with DoD policy. Alternate OSD Federal Register, Liaison The Chair shall appoint a representative Dated: March 22, 2019. Officer, Department of Defense. of the Board to serve as an advisor to the Aaron T. Siegel, [FR Doc. 2019–05915 Filed 3–27–19; 8:45 am] project development team for a BILLING CODE 5001–06–P Alternate OSD Federal Register, Liaison qualifying project or the study or design Officer, Department of Defense. of a commercial navigation feature or [FR Doc. 2019–05906 Filed 3–27–19; 8:45 am] component of the inland waterways and DEPARTMENT OF EDUCATION BILLING CODE 5001–06–P inland harbors of the United States. The Chair and the project development team [Docket ID Number ED–2019–IES–0017] member appointed by the Chair may DEPARTMENT OF DEFENSE sign the project management plan for Proposed Priorities for the Institute of Education Sciences and Request for Office of the Secretary the qualifying project or the study or design of a commercial navigation Comment Charter Renewal of Department of feature or component of the inland AGENCY: Institute of Education Sciences, Defense Federal Advisory Committees waterways and inland harbors of the U.S. Department of Education. United States pursuant to 33 U.S.C. ACTION: Notice. AGENCY: Office of the Secretary, 2251(b)(3) and (e). Department of Defense. The Board, in accordance with 33 SUMMARY: The Director of the Institute of ACTION: Renewal of Federal Advisory U.S.C. 2251(b)(2), shall provide advice Education Sciences (IES) proposes Committee. and recommendations to: a. The priorities to guide IES’ work and Secretary regarding construction and provides a 60-day period for members of SUMMARY: The Department of Defense is rehabilitation priorities and spending the public to review and comment on publishing this notice to announce that levels prior to the development of the them. When the Director submits the it is renewing the charter for the Inland budget proposal of the President for a priorities to the National Board for Waterways Users Board (‘‘the Board’’). given fiscal year; b. Congress regarding Education Sciences (the Board) for its

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approval, all comments received in Assistance to Individuals with gathers statistics that conform to response to this notice will be provided Disabilities in Reviewing the Comments: rigorous scientific standards. as well. On request, we will supply an • To ensure education programs and DATES: We must receive your comments appropriate accommodation or auxiliary policies are evidence based, IES on or before May 28, 2019. aid to an individual with a disability disseminates and promotes the use of who needs assistance to review the research in ways that are objective, ADDRESSES: Submit your comments comments or other documents related to unbiased, and accessible. through the Federal eRulemaking Portal this notice. If you want to schedule an • By furthering the transformation of or via postal mail, commercial delivery, appointment for this type of education into an evidence-based field, or hand delivery. We will not accept accommodation or auxiliary aid, please IES enables the Nation to educate comments submitted by fax or by email contact the person listed under FOR learners across the lifespan cost or those submitted after the comment FURTHER INFORMATION CONTACT. effectively. period. To ensure that we do not receive duplicate copies, please submit your Program Authority: Education Sciences Goals comments only once. In addition, please Reform Act of 2002 (20 U.S.C. 9515) • To gather educational statistics that include the Docket ID at the top of your Proposed Priorities for the Institute of provide information on schools, comments. Education Sciences teachers, and learners across the Nation • Federal eRulemaking Portal: Go to and serve as a foundation for education Background: The Education Sciences www.regulations.gov to submit your science research. comments electronically. Information Reform Act of 2002 (20 U.S.C. 9515) • To develop and identify programs, on using Regulations.gov, including requires the Director of IES to propose practices, and policies that enhance instructions for accessing agency to the Board priorities for IES—that is, learner achievement and that can be documents, submitting comments, and topics that require long-term research widely deployed. viewing the docket, is available on the and are focused on understanding and • To better measure and understand site under ‘‘Help.’’ solving education problems and issues. the variation in the effectiveness of • Postal Mail, Commercial Delivery, Such topics may include those education programs, practices, and or Hand Delivery: The Department associated with the goals and policies. strongly encourages commenters to requirements of the Elementary and • To help identify the activities that submit their comments electronically. Secondary Education Act of 1965, as best fit with schools and learners However, if you mail or deliver your amended, the Individuals with characterized by different economic and comments about the proposed priorities, Disabilities Education Act, as amended, social attributes and different learning address them to Dr. Mark Schneider, and the Higher Education Act of 1965, needs. Director, Institute of Education as amended, such as closing the • To better measure the cost and cost- Sciences, U.S. Department of Education, achievement gap; ensuring that all effectiveness of education interventions; • 400 Maryland Ave SW, Room 4109, children have the ability to obtain a To disseminate the results of Potomac Center Plaza, Washington, DC high-quality education and reach, at a scientifically valid research, statistics, 20202. minimum, proficiency on State and evaluations in ways that are standards and assessments; and accessible, understandable, and usable Privacy Note: The Department’s policy is ensuring access to, and opportunities in the improvement of educational to make comments received from members of the public available for public viewing on the for, postsecondary education. practice by teachers and other Federal eRulemaking Portal at Before submitting proposed priorities educators, parents and families, www.regulations.gov. Therefore, commenters to the Board, the Director must make the learners, administrators, researchers, should be careful to include in their priorities available to the public for policymakers, and the public. comments only information that they wish to comment for not less than 60 days and Standards for Excellence in Education make publicly available. provide each comment submitted to the Research Board. The Board must approve or FOR FURTHER INFORMATION CONTACT: disapprove the priorities for IES To increase the quality and usefulness Teresa Cahalan at (202) 245–7299 or by proposed by the Director, including any of education research, IES promotes, email at: [email protected]. necessary revision of the priorities. encourages, and supports the use of the If you use a telecommunications Once approved, the Board will transmit Standards for Excellence in Education device for the deaf (TDD) or a text the priorities to the appropriate Research (SEER), which is available at telephone (TTY), call the Federal Relay congressional committees. https://ies.ed.gov/seer.asp. Under SEER, Service (FRS), toll free, at 1–800–877– as appropriate for a particular research 8339. Mission program, researchers: • SUPPLEMENTARY INFORMATION: Preregister their studies. By its authorizing legislation, IES is • Invitation to Comment: We invite you charged with supporting research, Make their data and methods openly available. to submit comments regarding the conducting evaluations, and gathering • proposed priorities. To ensure that your statistics to improve the academic Identify the core components of input has maximum effect, we urge you achievement and the access to high- interventions. • Document implementation. to identify clearly the portion of the quality education of all learners from • Focus on meaningful outcomes. proposed priorities that your comment early childhood to adulthood. As an • Analyze costs and calculate the addresses. applied science agency, IES seeks to cost-effectiveness of interventions. During and after the comment period, translate its work into useful and usable • Have a strategy for scaling up. you may inspect all public comments information that can be accessed by a In furtherance of these goals, IES has about this notice in 550 12th St SW, wide range of stakeholders. the following specific priorities: Room 4126, Washington, DC, between Overview the hours of 8:30 a.m. and 4:00 p.m., A Focus on Outcomes Eastern Time, Monday through Friday • In pursuit of its goals, IES supports • At infancy, toddler, and preschool of each week except Federal holidays. research, conducts evaluations, and levels, key measures include:

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Æ Readiness for schooling; and programs that include apprenticeships Description: § 4(d) Rate Filing: Fuel Æ Developmental outcomes for in education agencies. Filing for FTS–WD–2 on 3–20–19 to be infants and toddlers with or at risk for • Encourage partnerships between effective 4/1/2019. disabilities. researchers and private companies, both Filed Date: 3/20/19. • At kindergarten through 12th grade, non-profit and for-profit, to put Accession Number: 20190320–5126. key measures include: interventions that work into more Comments Due: 5 p.m. ET 3/27/19. Æ Higher achievement in reading, schools and in the hands of more The filings are accessible in the writing, science, technology, teachers, parents and families, and Commission’s eLibrary system by engineering, and math; learners. clicking on the links or querying the Æ Improvement in other indicators of Accessible Format: Individuals with docket number. achievement besides student disabilities can obtain this document in Any person desiring to intervene or performance on assessments, such as an accessible format (e.g., braille, large protest in any of the above proceedings annual student attendance and retention print, audiotape, or compact disc) on must file in accordance with Rules 211 rates and, where applicable and request to the person listed under FOR and 214 of the Commission’s available, student academic growth, FURTHER INFORMATION CONTACT. Regulations (18 CFR 385.211 and high school graduation rates, and Electronic Access to This Document: 385.214) on or before 5:00 p.m. Eastern postsecondary enrollment and The official version of this document is time on the specified comment date. persistence rates. the document published in the Federal Protests may be considered, but Æ Improvement in non-academic Register. You may access the official intervention is necessary to become a outcomes such as, but not limited to, edition of the Federal Register and the party to the proceeding. parent satisfaction, school climate, Code of Federal Regulations at eFiling is encouraged. More detailed student mental health, and civic www.govinfo.gov. At this site you can information relating to filing engagement. view this document, as well as all other requirements, interventions, protests, Æ Improved teaching and learning; Æ documents of this Department service, and qualifying facilities filings Improved behaviors and social published in the Federal Register, in can be found at: http://www.ferc.gov/ skills that support learning in school text or Portable Document Format docs-filing/efiling/filing-req.pdf. For and successful transitions; and Æ (PDF). To use PDF you must have other information, call (866) 208–3676 Functional outcomes that improve Adobe Acrobat Reader, which is (toll free). For TTY, call (202) 502–8659. success in school and transitions to available free at the site. employment, independent living, and Dated: March 21, 2019. You may also access documents of the Nathaniel J. Davis, Sr., postsecondary education for students Department published in the Federal with disabilities. Deputy Secretary. • Register by using the article search At the postsecondary level, key feature at www.federalregister.gov. [FR Doc. 2019–05898 Filed 3–27–19; 8:45 am] measures include: Specifically, through the advanced BILLING CODE 6717–01–P Æ Enrollment in, and completion of, search feature at this site, you can limit programs that prepare learners for your search to documents published by successful careers and lives; DEPARTMENT OF ENERGY the Department. Æ Family sustaining wages post- completion; Mark Schneider, Federal Energy Regulatory Æ Improved teaching and learning; Director, Institute of Education Sciences. Commission and Æ [FR Doc. 2019–05970 Filed 3–27–19; 8:45 am] [Docket No. EL19–55–000] Acquisition of skills by adults. BILLING CODE 4000–01–P Increasing Dissemination and Use Hoosier Energy Rural Electric Cooperative, Inc.; Notice of Filing • Increase outreach to teachers and Take notice that on March 20, 2019, other educators, parents and families, DEPARTMENT OF ENERGY learners, administrators, researchers, Hoosier Energy Rural Electric policymakers, and the public using both Federal Energy Regulatory Cooperative, Inc. filed a proposed traditional and new media. Commission revenue requirement filing for reactive • Enhance the experience of What supply and voltage control for its Works Clearinghouse users, adding Combined Notice of Filings Livingston Generating and Orchard features that make its reviews more Hills Generating Stations, under PJM useful and usable. Take notice that the Commission has Interconnection L.L.C., Tariff Schedule • Increase the number of What Works received the following Natural Gas 2. Clearinghouse Practice Guides and Pipeline Rate and Refund Report filings: Any person desiring to intervene or to Intervention Reports, ensuring that they Filings Instituting Proceedings protest this filing must file in are written in an accessible manner and accordance with Rules 211 and 214 of supported by material that increases the Docket Numbers: RP19–849–000. the Commission’s Rules of Practice and use of this information. Applicants: Elba Express Company, Procedure (18 CFR 385.211, 385.214). • Develop and refine education L.L.C. Protests will be considered by the research methods including new Description: Compliance filing Commission in determining the methods that take advantage of large Annual Interruptible Revenue Crediting appropriate action to be taken, but will administrative data sets and increased Report 2019. not serve to make protestants parties to computing power. Filed Date: 3/20/19. the proceeding. Any person wishing to • Expand the use of research using Accession Number: 20190320–5000. become a party must file a notice of longitudinal data sets. Comments Due: 5 p.m. ET 4/1/19. intervention or motion to intervene, as • Invest in postsecondary programs Docket Numbers: RP19–850–000. appropriate. Such notices, motions, or that develop a pipeline of talented Applicants: Florida Gas Transmission protests must be filed on or before the education researchers, especially Company, LLC. comment date. On or before the

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comment date, it is not necessary to Att. H–16A revisions in Docket No. Filed Date: 3/21/19. serve motions to intervene or protests ER19–839 to be effective 6/27/2018. Accession Number: 20190321–5095. on persons other than the Applicant. Filed Date: 3/21/19. Comments Due: 5 p.m. ET 4/11/19. The Commission encourages Accession Number: 20190321–5131. Docket Numbers: ER19–1401–000. electronic submission of protests and Comments Due: 5 p.m. ET 4/11/19. Applicants: Niagara Mohawk Power interventions in lieu of paper using the Docket Numbers: ER19–1392–000. Corporation, New York Independent ‘‘eFiling’’ link at http://www.ferc.gov. Applicants: High Lonesome Mesa System Operator, Inc. Persons unable to file electronically Wind, LLC. Description: § 205(d) Rate Filing: 205 should submit an original and 5 copies Description: Baseline eTariff Filing: agreement filing between Niagara of the protest or intervention to the High Lonesome Mesa Wind, LLC Mohawk and Greenway Conservnacy to Federal Energy Regulatory Commission, Application for Market-Based Rates to be effective 2/19/2019. 888 First Street NE, Washington, DC be effective 5/19/2019. Filed Date: 3/21/19. 20426. Filed Date: 3/20/19. Accession Number: 20190321–5114. This filing is accessible on-line at Accession Number: 20190320–5149. Comments Due: 5 p.m. ET 4/11/19. http://www.ferc.gov, using the Comments Due: 5 p.m. ET 4/10/19. Docket Numbers: ER19–1402–000. ‘‘eLibrary’’ link and is available for Docket Numbers: ER19–1393–000. Applicants: Coyote Ridge Wind, LLC. review in the Commission’s Public Applicants: Endeavor Wind I, LLC. Description: Baseline eTariff Filing: Reference Room in Washington, DC. Description: Baseline eTariff Filing: Coyote Ridge Wind, LLC Application for There is an ‘‘eSubscription’’ link on the Endeavor Wind I, LLC Application for Market-Based Rate Authority to be website that enables subscribers to Market-Based Rates to be effective 5/19/ effective 5/21/2019. receive email notification when a 2019. Filed Date: 3/21/19. document is added to a subscribed Filed Date: 3/20/19. Accession Number: 20190321–5120. docket(s). For assistance with any FERC Accession Number: 20190320–5150. Comments Due: 5 p.m. ET 4/11/19. Online service, please email Comments Due: 5 p.m. ET 4/10/19. Docket Numbers: ER19–1403–000. [email protected], or call Docket Numbers: ER19–1394–000. Applicants: Duke Energy Carolinas, (866) 208–3676 (toll free). For TTY, call Applicants: Endeavor Wind II, LLC. LLC. (202) 502–8659. Description: Baseline eTariff Filing: Description: Notice of Cancellation of Comment Date: 5:00 p.m. Eastern Endeavor Wind II, LLC Application for Jurisdictional Transmission Service Time on April 10, 2019. Market-Based Rates to be effective 5/5/ Agreements Nos. 414, et al. of Duke Dated: March 21, 2019. 2019. Filed Date: 3/20/19. Energy Carolinas, LLC. Kimberly D. Bose, Filed Date: 3/21/19. Secretary. Accession Number: 20190320–5151. Comments Due: 5 p.m. ET 4/10/19. Accession Number: 20190321–5129. [FR Doc. 2019–05902 Filed 3–27–19; 8:45 am] Comments Due: 5 p.m. ET 4/11/19. Docket Numbers: ER19–1395–000. BILLING CODE 6717–01–P Applicants: NSTAR Electric Take notice that the Commission Company. received the following electric reliability filings: DEPARTMENT OF ENERGY Description: Tariff Cancellation: Cancellation of Design Engineering Docket Numbers: RR19–5–000. Federal Energy Regulatory Construction Agrmnt w/NSTAR & New Applicants: North American Electric Commission England Pwr to be effective 3/21/2019. Reliability Corporation, Texas Filed Date: 3/21/19. Reliability Entity, Inc. Combined Notice of Filings #1 Accession Number: 20190321–5030. Description: Joint Petition of the Comments Due: 5 p.m. ET 4/11/19. North American Electric Reliability Take notice that the Commission Corporation and Texas Reliability received the following electric rate Docket Numbers: ER19–1397–000. Entity, Inc. for Approval of filings: Applicants: Midcontinent Amendments to the Texas Reliability Docket Numbers: ER10–1107–009. Independent System Operator, Inc. Description: § 205(d) Rate Filing: Entity, Inc. Bylaws. Applicants: Pacific Gas and Electric _ Company. 2019–03–21 SA 3278 Beaver Creek Filed Date: 3/20/19. Description: Notice of Non-Material Grimes MPFCA (J498 J524 J534 J535) to Accession Number: 20190320–5172. Change in Status of Pacific Gas and be effective 3/7/2019. Comments Due: 5 p.m. ET 4/10/19. Electric Company. Filed Date: 3/21/19. The filings are accessible in the Filed Date: 3/21/19. Accession Number: 20190321–5057. Commission’s eLibrary system by Accession Number: 20190321–5103. Comments Due: 5 p.m. ET 4/11/19. clicking on the links or querying the Comments Due: 5 p.m. ET 4/11/19. Docket Numbers: ER19–1399–000. docket number. Docket Numbers: ER12–524–004. Applicants: Midcontinent Any person desiring to intervene or Applicants: Longview Power, LLC. Independent System Operator, Inc. protest in any of the above proceedings Description: Report Filing: Refund Description: § 205(d) Rate Filing: must file in accordance with Rules 211 Report ? Informational Filing to be 2019–03–21_SA 3279 Johnson Junction- and 214 of the Commission’s effective N/A. Ortonville Line MPFCA (J493 J526) Regulations (18 CFR 385.211 and Filed Date: 3/21/19. MRES to be effective 3/7/2019. 385.214) on or before 5:00 p.m. Eastern Accession Number: 20190321–5142. Filed Date: 3/21/19. time on the specified comment date. Comments Due: 5 p.m. ET 4/11/19. Accession Number: 20190321–5093. Protests may be considered, but Docket Numbers: ER19–839–001. Comments Due: 5 p.m. ET 4/11/19. intervention is necessary to become a Applicants: Virginia Electric and Docket Numbers: ER19–1400–000. party to the proceeding. Power Company, PJM Interconnection, Applicants: Emera Maine. eFiling is encouraged. More detailed L.L.C. Description: § 205(d) Rate Filing: MPD information relating to filing Description: Compliance filing: OATT Formula Rates Revisions to be requirements, interventions, protests, Dominion submits an errata to OATT, effective 6/1/2019. service, and qualifying facilities filings

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can be found at: http://www.ferc.gov/ SUMMARY: In this Notice of Inquiry, the David Tobenkin (Technical docs-filing/efiling/filing-req.pdf. For Federal Energy Regulatory Commission Information), Office of Energy Policy other information, call (866) 208–3676 (Commission) seeks comments on the and Innovation, Federal Energy (toll free). For TTY, call (202) 502–8659. scope and implementation of its electric Regulatory Commission, 888 First Dated: March 21, 2019. transmission incentives regulations and Street NE, Washington, DC 20426, Nathaniel J. Davis, Sr., policy. (202) 502–6445, david.tobenkin@ Deputy Secretary. DATES: Initial Comments are due June ferc.gov. [FR Doc. 2019–05897 Filed 3–27–19; 8:45 am] 25, 2019, and Reply Comments are due Adam Batenhorst (Legal Information), July 25, 2019. BILLING CODE 6717–01–P Office of the General Counsel, Federal ADDRESSES: Comments, identified by Energy Regulatory Commission, 888 docket number, may be filed First Street NE, Washington, DC DEPARTMENT OF ENERGY electronically at http://www.ferc.gov in 20426, (202) 502–6150, acceptable native applications and [email protected]. Federal Energy Regulatory print-to-PDF, but not in scanned or Commission picture format. For those unable to file Adam Pollock (Technical Information), Office of Energy Market Regulation, [Docket No. PL19–3–000] electronically, comments may be filed by mail or hand-delivery to: Federal Federal Energy Regulatory Inquiry Regarding the Commission’s Energy Regulatory Commission, Commission, 888 First Street NE, Electric Transmission Incentives Secretary of the Commission, 888 First Washington, DC 20426, (202) 502– Policy Street NE, Washington, DC 20426. The 8458, [email protected]. Comment Procedures section of this AGENCY: SUPPLEMENTARY INFORMATION: Federal Energy Regulatory document contains more detailed filing Commission. procedures. Table of Contents ACTION: Notice of inquiry. FOR FURTHER INFORMATION CONTACT:

Paragraph Nos.

I. Background ...... 3 A. FPA Section 219 ...... 3 B. Order Nos. 679 and 679–A ...... 6 C. 2012 Policy Statement ...... 9 D. Order No. 1000 ...... 11 II. Subject of the Notice of Inquiry ...... 13 A. Approach to Incentive Policy ...... 14 1. Incentives Based on Project Risks and Challenges ...... 15 2. Incentives Based on Expected Project Benefits ...... 16 3. Incentives Based on Project Characteristics ...... 18 B. Incentive Objectives ...... 19 1. Reliability Benefits ...... 22 2. Economic Efficiency Benefits ...... 24 3. Persistent Geographic Needs ...... 25 4. Flexible Transmission System Operation ...... 26 5. Security ...... 27 6. Resilience ...... 28 7. Improving Existing Transmission Facilities ...... 29 8. Interregional Transmission Projects ...... 30 9. Unlocking Locationally Constrained Resources ...... 31 10. Ownership by Non-Public Utilities ...... 32 11. Order No. 1000 Transmission Projects ...... 33 12. Transmission Projects in Non-RTO/ISO Regions ...... 35 C. Existing Incentives ...... 36 1. ROE-Adder Incentives ...... 37 2. Non-ROE Transmission Incentives ...... 40 D. Mechanics and Implementation ...... 44 1. Duration of Incentives ...... 44 2. Case-by-Case vs. Automatic Approach in Reviewing Incentive Applications ...... 45 3. Interaction Between Different Potential Incentives in Determining Correct Level of ROE Incentives ...... 46 4. Bounds on ROE Incentives ...... 47 E. Metrics for Evaluating the Effectiveness of Incentives ...... 48 III. Comment Procedures ...... 49 IV. Document Availability ...... 53

1. In this Notice of Inquiry, the 2005),1 codified as section 219 of the reliability and reduce the cost of Commission seeks comment on the Federal Power Act (FPA),2 which delivered power by reducing scope and implementation of its electric directed the Commission to use transmission congestion.3 In 2006, the transmission incentives regulations and transmission incentives to help ensure policy pursuant to section 1241 of the 3 The Commission is generally reevaluating its Energy Policy Act of 2005 (EPAct 1 Energy Policy Act of 2005, Public Law 109–58, ROE policy in a separate Notice of Inquiry issued sec. 1261 et seq., 119 Stat. 594 (2005). concurrently with this notice. Inquiry Regarding the 2 16 U.S.C. 824s. Continued

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Commission implemented section 1241 FPA section 205.7 In 2005, Congress charged by such utility or through the by issuing Order No. 679,4 which amended the FPA to, as relevant here, transmission rates charged by the established the Commission’s basic add a new section 219.8 Section 219(a) Transmission Organization that approach to transmission incentives and ‘‘directed FERC to promulgate a rule provides transmission service to such enumerated a series of potential providing incentive-based rates for utility. incentives that the Commission would electric transmission for the purpose of 5. Finally, section 219(d) provides consider. The Commission subsequently benefitting consumers through that all rates approved pursuant to a refined its approach to transmission increased reliability and lower costs of rulemaking adopted pursuant to section incentives in a 2012 policy statement power.’’ 9 Section 219(b) included a 219 are subject to the requirement in (2012 Incentives Policy Statement), number of specific directives in the FPA sections 205 and 206 that all rates, which provided guidance on the required rulemaking, including that the charges, terms, and conditions be just Commission’s interpretation of Order Commission should: and reasonable and not unduly No. 679 and its approach toward • Promote reliable and economically discriminatory or preferential. efficient transmission and generation of granting transmission incentives, but B. Order Nos. 679 and 679–A did not alter the Commission’s electricity by promoting capital regulations or Order No. 679’s basic investment in the enlargement, 6. On July 20, 2006, the Commission approach to granting transmission improvement, maintenance, and issued Order No. 679, fulfilling the incentives. operation of all facilities for the rulemaking requirement in section transmission of electric energy in 219(a). The Commission explained that, 2. It has been nearly 13 years since the interstate commerce, regardless of the to receive an incentive, an applicant Commission promulgated Order No. 679 ownership of the facilities; 10 must satisfy the statutory threshold set and nearly seven years since the • provide a return on equity that forth in section 219(a) by demonstrating Commission issued a policy statement attracts new investment in transmission that the transmission facilities for which to provide additional guidance facilities, including related transmission it seeks incentives either ensure regarding its evaluation of applications technologies; 11 reliability or reduce the cost of for transmission incentives under FPA • encourage deployment of delivered power by reducing 5 section 219. In that time, there have transmission technologies and other transmission congestion. If the applicant been a number of significant measures to increase the capacity and satisfies that threshold, it must then developments in how transmission is efficiency of existing transmission demonstrate that there is a nexus planned, developed, operated, and facilities and improve the operation of between the incentive sought and the maintained. In light of those the facilities; 12 and investment being made. The • developments and the records compiled allow the recovery of all prudently Commission stated that the section in various incentives proceedings before incurred costs necessary to comply with 219(a) threshold and the nexus test were the Commission, we believe that it is mandatory reliability standards issued to be applied on a case-by-case basis.16 appropriate to seek comment from pursuant to section 215 of the FPA,13 In its discussion of the nexus test, the stakeholders on the scope and and all prudently incurred costs related Commission explained that the ‘‘most implementation of the Commission’s to transmission infrastructure compelling’’ candidates for incentives transmission incentives policy and on development pursuant to section 216 of are ‘‘new projects that present special 14 how the Commission should evaluate the FPA. risks or challenges, not routine 6 future requests for transmission 4. Section 219(c) requires that the investments made in the ordinary incentives in a manner consistent with Commission shall, to the extent within course of expanding the system to Congress’s direction in section 219. its jurisdiction, provide for incentives to provide safe and reliable transmission Accordingly, through this Notice of each transmitting utility or electric service.’’ 17 Inquiry, the Commission solicits utility that joins a Transmission 7. The Commission also described a 15 comments on variety of issues related to Organization and ensure that any variety of incentives that would transmission incentives policy, as costs recoverable pursuant to this potentially be available, including: discussed in the following sections. subsection may be recovered by such • Adders to a base ROE: (1) To utility through the transmission rates I. Background compensate for the risks and challenges of a specific transmission project (ROE 7 A. FPA Section 219 16 U.S.C. 824d; see also Maine Public Utilities adder for risks and challenges); (2) for Commission v. FERC, 454 F.3d 278, 288 (D.C. Cir. forming a transmission-only company 3. Prior to 2005, the Commission 2006). 8 (Transco adder); (3) for joining a considered requests for certain Energy Policy Act of 2005, Public Law 109–58, sec. 1241. regional transmission organization transmission incentives pursuant to 9 California Pub. Utilities Comm’n v. FERC, 879 (RTO) or independent system operator F.3d 966, 970 (9th Cir. 2018). (ISO) (RTO/ISO adder); or (4) for use of Commission’s Policy for Determining Return on 10 16 U.S.C. 824s(b)(1). Equity, 166 FERC ¶ 61,207 (2019). Below, see infra 11 Id. 824s(b)(2). an advanced transmission technology II.D.3, the Commission seeks comments regarding 12 (technology adder); Id. 824s(b)(3). • any interactions between the subject matters of 13 FPA section 215 addresses the Commission’s recovery of 100 percent of these proceedings. role in ensuring electric reliability of the bulk prudently incurred costs of transmission 4 Promoting Transmission Investment through power system. Id. 824o. facilities that are cancelled or Pricing Reform, Order No. 679, 116 FERC ¶ 61,057, 14 Id. 824s(b)(4). FPA section 216 addresses abandoned due to factors that are order on reh’g, Order No. 679–A, 117 FERC ¶ 61,345 designation of and siting of transmission facilities (2006), order on reh’g, 119 FERC ¶ 61,062 (2007). within National Interest Electric Transmission beyond the control of the public utility 5 Promoting Transmission Investment Through Corridors. Id. 824p. (abandoned plant incentive); Pricing Reform, 141 FERC ¶ 61,129 (2012) (2012 15 The Commission defines a Transmission • inclusion of 100 percent of Incentives Policy Statement). Organization as a Regional Transmission construction work in progress (CWIP) in 6 During the pendency of this proceeding, the Organization, Independent System Operator, rate base (CWIP incentive); Commission will continue to evaluate incentive independent transmission provider, or other requests under Order No. 679, as informed by the transmission organization finally approved by the 2012 Incentives Policy Statement, on a case-by-case Commission for the operation of transmission 16 Order No. 679, 116 FERC ¶ 61,057 at PP 22, 24. basis. facilities. 18 CFR 35.35(b)(2). 17 Id. PP 23, 60.

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• hypothetical capital structures; D. Order No. 1000 has changed considerably. Those • accelerated depreciation for rate 11. In 2011, the Commission issued changes include the Commission’s recovery; and Order No. 1000, which instituted certain issuance of Order No. 1000, an • recovery of prudently incurred pre- evolution in the generation mix and the commercial operations costs as an transmission planning and cost allocation reforms for public utility number of new resources seeking expense or through a regulatory asset transmission service, shifts in load transmission providers.22 Notably, (regulatory asset incentive). patterns, and an increased emphasis on Order No. 1000 requires: (1) That each 8. On December 22, 2006, in Order the reliability of transmission public utility transmission provider No. 679–A, the Commission granted infrastructure. The Commission is participate in a regional transmission rehearing in part and denied rehearing issuing this NOI to obtain information 18 planning process that produces a in part of Order No. 679. The that will assist us in evaluating our regional transmission plan; (2) that each Commission largely affirmed the transmission incentives policy and public utility transmission provider conclusions discussed in the previous ensuring that the policy continues to amend its open access transmission paragraphs while refining certain other satisfy our obligations under section 219 tariff to describe procedures that aspects of Order No. 679. of the FPA. The following sections provide for the consideration of C. 2012 Policy Statement present a series of questions regarding transmission needs driven by public the Commission’s transmission 9. On November 15, 2012, the policy requirements in the local and incentives policy. Commenters are Commission issued a policy statement regional transmission planning encouraged to respond to these to provide additional guidance processes; (3) the elimination from questions in detail and, where regarding its evaluation of applications Commission-approved tariffs and appropriate, provide specific examples for transmission incentives under agreements a federal right of first refusal to support their comments and section 219. In particular, the for certain new transmission facilities; recommendations. Commenters need Commission reframed the nexus test for and (4) coordination among neighboring not answer every question below. applicants seeking the ROE adder for transmission planning regions to risks and challenges and eliminated the identify potential interregional A. Approach to Incentive Policy technology ROE adder.19 The transmission facilities.23 14. The Commission in Order No. 679 Commission stated that it would expect 12. The various regional transmission established a requirement that each an applicant seeking an ROE adder for planning processes implemented in applicant demonstrate that there is a risks and challenges to demonstrate response to Order No. 1000 became nexus between the incentive sought and that: (1) The proposed transmission effective between 2013 and 2015, after the risks and challenges of the project faces risks and challenges that the Commission issued the 2012 investment being made.24 The were not either already accounted for in Incentives Policy Statement. The Commission is considering whether the the applicant’s base ROE or addressed transmission planning regions have all ‘‘risks and challenges’’ approach through risk-reducing incentives; (2) it now conducted at least one iteration of remains the most effective means of is taking appropriate steps and using their regional transmission planning complying with Congress’s directives in appropriate mechanisms to minimize its process, with some having conducted as section 219. To that end, the risk during transmission project many as three. Although Order No. 1000 Commission is seeking comments on development; (3) alternatives to the does not directly address the how it should approach evaluating transmission project had been, or would Commission’s obligations under section requests for incentives, including upon be, considered in either a relevant 219, the aforementioned reforms had the current risks and challenges transmission planning process or significant implications for how approach as well as upon other another appropriate forum; and (4) it transmission facilities are planned and potential approaches, including, but not commits to limiting the application of developed. limited to, the alternative approaches the ROE incentive to a cost estimate.20 II. Subject of the Notice of Inquiry discussed below. In addressing these 10. The Commission provided several approaches, commenters should examples of categories of transmission 13. As part of ensuring that the consider how each approach could or projects that might satisfy the above- Commission continues to meet our should be implemented and the noted ‘‘risks and challenges’’ statutory obligations, the Commission, potential benefits and drawbacks of expectation, including transmission on occasion, engages in public inquiry each approach. projects that would: (1) Relieve chronic to gauge whether there is a need to add or severe grid congestion that has had to, modify, or eliminate certain policies 1. Incentives Based on Project Risks and demonstrated cost impacts to or regulatory requirements. It has now Challenges consumers; (2) unlock location- been nearly 13 years since the 15. As noted, the Commission in constrained generation resources that Commission issued Order No. 679. Order No. 679 established a requirement previously had limited or no access to During that time, the landscape for that each applicant must demonstrate the wholesale electricity markets; or (3) planning, developing, operating, and that there is a nexus between the apply new technologies to facilitate maintaining transmission infrastructure incentive sought and the risks and more efficient and reliable usage and challenges of investment being made. 21 operation of existing or new facilities. for an ROE adder for risks and challenges was not Although the 2012 Incentives Policy an exhaustive list. Id. P 22. Statement reframed this standard, it 18 22 Order No. 679–A, 117 FERC ¶ 61,345. Transmission Planning and Cost Allocation by remains central to the Commission’s 19 The Commission stated that, with respect to Transmission Owning and Operating Public possible ROE incentives, it would prospectively Utilities, Order No. 1000, 136 FERC ¶ 61,051 (2011), approach in evaluating incentive consider advanced technologies only as part of an order on reh’g, Order No. 1000–A, 139 FERC applications. application for an ROE adder for risks and ¶ 61,132, order on reh’g and clarification, Order No. (Q 1) Should the Commission retain challenges. 2012 Incentives Policy Statement, 141 1000–B, 141 FERC ¶ 61,044 (2012), aff’d sub nom. the risks and challenges framework for FERC ¶ 61,129 at P 23. S.C. Pub. Serv. Auth. v. FERC, 762 F.3d 41 (D.C. Cir. 20 Id. PP 20–28. 2014). evaluating incentive applications? 21 Id. P 21. The Commission noted these examples 23 See Order No. 1000, 136 FERC ¶ 61,051 at PP of types of transmission projects that might qualify 4–6, 8. 24 See Order No. 679, 116 FERC ¶ 61,057 at PP 26.

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(Q 2) Is providing incentives to award on a specific level of benefits, there drawbacks to this approach, address risks and challenges an either on its own or relative to the costs particularly relative to the current risks appropriate proxy for the expected of the project(s) in question. Order No. and challenges framework? Would this benefits brought by transmission and 679 considered but rejected such a approach result in different outcomes, identified in section 219 (i.e., ensuring requirement.27 The Commission is as compared to the current risks and reliability or reducing the cost of examining whether and how it might challenges approach for granting delivered power by reducing consider benefits relative to costs when incentives? transmission congestion)? If risks and evaluating a request for incentives. (Q 13) If the Commission adopts an challenges are not a useful proxy for (Q 8) If the Commission grants approach based on project benefits, is it an appropriate approach incentives based on expected benefits, characteristics, should it lay out general for other reasons? should the level of the incentive vary principles and/or bright line criteria for (Q 3) The Commission currently based on the level of the expected identifying or evaluating those considers risks both in calculating a benefits relative to transmission project characteristics? public utility’s base ROE and in costs? If so, how should the Commission (Q 14) If so, how should applicable assessing the availability and level of determine how to vary incentives based criteria be established, and, in cases any ROE adder for risks and challenges. on the size of benefits? where more than one criterion applies, Is this approach still appropriate? If so, (Q 9) Should incentives be how should they be evaluated in which risks are relevant to each inquiry, conditioned upon meeting benefit-to- combination? and, if they differ, how should the cost benchmarks, such as a benefit-cost (Q 15) How would an approach based Commission distinguish between risks ratio? If so, what benefit-to-cost ratios on project characteristics impact and challenges examined in each should be used? certainty for project developers, inquiry? (Q 10) Should incentives be based particularly relative to the current risks only on benefit-to-cost estimates or and challenges framework? 2. Incentives Based on Expected Project should the Commission condition the (Q 16) Should transmission projects Benefits incentives on evidence that that those with certain characteristics be awarded 16. The Commission could instead benefit-to-cost estimates were realized? incentives automatically? How could evaluate incentive requests based on the (Q 11) If an incentive is conditioned the Commission administer such an transmission project’s potential to upon a transmission developer meeting approach? benefit-to-cost benchmarks, what types achieve benefits related to reliability B. Incentive Objectives and reductions in the cost of delivered of benefits and costs should a power by reducing transmission transmission developer include, and the 19. Prior to 2005, the Commission congestion.25 Commission consider to support considered requests for certain (Q 4) Would directly examining a requests for such incentives? Should transmission incentives pursuant to transmission project’s expected benefits there be measurement and verification, FPA section 205. As noted, section 219 and if so, over what time period? If improve the Commission’s transmission directs the Commission to establish a expected benefits do not accrue, should incentives policy, consistent with the transmission incentives policy that the incentive be revoked? goals of section 219? Are there benefits consumers by ensuring drawbacks to this approach, particularly 3. Incentives Based on Project reliability and reducing the cost of delivered power by reducing relative to the current risks and Characteristics 29 challenges framework? transmission congestion. In addition, 18. As an alternative to a direct section 219 directs the Commission to (Q 5) If the Commission adopts a examination of expected benefits, the benefits approach, should it lay out promote certain specified goals— Commission could use transmission namely, promoting capital investment general principles and/or bright line project characteristics as a proxy for criteria for evaluating the potential in the enlargement, improvement, expected benefits. These project maintenance, and operation of benefits of a proposed transmission characteristics could include, for project? If so, how should the jurisdictional transmission facilities; example, transmission projects located providing an ROE that attracts Commission establish the principles or in regions with persistent needs, criteria? investment in new transmission interregional transmissions projects, or facilities and technologies; encouraging (Q 6) How would a direct evaluation transmission projects that unlock of expected benefits, instead of using deployment of technologies and other constrained resources. Such an measures that enhance the capacity, risks and challenges as a proxy, impact approach could also consider granting certainty for project developers? efficiency, and operation of existing incentives based upon inclusion of transmission facilities; incentivizing (Q 7) Should transmission projects 28 specific transmission technologies. transmission-owning public utilities to with a demonstrated likelihood of (Q 12) How, if at all, would examining join an RTO; and allowing recovery of benefits be awarded incentives transmission projects’ characteristics in certain types of prudently incurred automatically? How could the evaluations of transmission incentives costs.30 Commission administer such an applications improve the Commission’s approach? 20. This section seeks comment on transmission incentives policy and what the Commission should 17. Although section 219 requires the achieve the goals of section 219? Are Commission to consider performance- incentivize in order to satisfy Congress’s directives in section 219. In particular, based ratemaking and to ensure that 27 Order No. 679, 116 FERC ¶ 61,057 at P 65. The incentive-based rates are just and Commission notes that the 2012 Incentives Policy we seek comment on what expected reasonable,26 Congress did not require Statement directed applicants to limit ROE adder benefits or project characteristics the Commission to base an incentive for risks and challenges to a cost estimate and warrant incentives. In discussing each demonstrate the use of risk reduction techniques. benefit or project characteristic that the 2012 Incentives Policy Statement, 141 FERC 25 Potential examples of these benefits and their ¶ 61,129 at PP 24, 28–29. Commission should be incentivizing, potential relationship to types of transmission 28 Potential examples of these characteristics and projects are described below in Section II.B.1–2. their potential relationship to types of transmission 29 16 U.S.C. 824s(a). 26 16 U.S.C. 824s(a), (d). projects are described below in Section II.B.3–12. 30 Id. 824s(b)–(c).

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commenters should consider: (1) How encourage reliability is by expanding chronic, long-term congestion or require the Commission should define the access to essential reliability services, operating procedures in place to address benefit or project characteristics in which can, among other things, allow long-term reliability issues. question; (2) whether the Commission delivery of sufficient resources to (Q 26) Should the Commission utilize can quantify or measure the benefits or support and stabilize grid frequency an incentives approach that is based on project characteristics, where during disturbances and ensure targeting certain geographic areas where applicable, how it should do so; (3) how adequate voltage control and reactive transmission projects would enhance the Commission should incentivize the power capability. reliability and/or have particular benefit or project characteristics if it (Q 20) Should the Commission economic efficiency benefits? If so, how decides to do so; and (4) the legal basis, incentivize transmission facilities that should the relevant geographic areas be extent, and nature of the incentives. For expand access to essential reliability identified and defined? What entity ROE adder incentives, the Commission services, such as frequency support, (e.g., the Commission, RTOs/ISOs, state is interested in how many basis points ramping capability, and voltage regulators, other stakeholders) should would be appropriate for a given support? designate such areas? incentive. The Commission is also (Q 21) If so, how should the (Q 27) What criteria should be used to interested in whether and how Commission assess and measure define such geographic areas? incentives other than ROE adders could whether transmission projects expand Procedurally, how should such encourage facilities with benefits or access to essential reliability services? geographic areas be determined, project characteristics, including those monitored, and updated? outlined below. 2. Economic Efficiency Benefits (Q 28) Should the relevant geographic 21. The sections below enumerate 24. Transmission projects can areas be defined on an ex ante basis certain benefits or project characteristics promote economic efficiency by and/or should the transmission that commenters may wish to address, reducing congestion, which allows developer have the burden of although commenters need not limit efficient dispatch of resources, demonstrating that the relevant their comments to these benefits or facilitating the interconnection of transmission project falls within a project characteristics. Commenters that additional generation, and facilitating geographic region that has an acute need choose to comment on the benefits and the transmission of additional for transmission? project characteristics discussed below 31 generation to load centers. The 4. Flexible Transmission System should consider both the questions Commission could tailor incentives to Operation listed in the previous paragraph as well promote transmission projects that as the specific questions accompanying accomplish either of these two 26. As the generation mix changes the following benefits or project outcomes. and load patterns evolve, the characteristics. (Q 22) Should the Commission tailor requirements of the transmission system will also change. Flexibility 1. Reliability Benefits incentives to promote projects that accomplish the outcomes of reducing characteristics of the transmission 22. Benefitting customers by ensuring congestion or facilitating access to system, such as increased line rating reliability was one of Congress’s core additional generation? precision, greater power flow control, objectives in section 219. Transmission (Q 23) Should the Commission and technologies, including energy owners are already required to address establish bright line metrics, such as a storage,32 may be able to facilitate the many facets of reliability through specified level of reduction in average transmission system’s ability to respond compliance with the North American production costs, to determine whether to changing circumstances. Electric Reliability Corporation (NERC) a transmission project merits (Q 29) How can flexibility reliability standards and various other incentives? characteristics improve the operation of planning criteria. Nevertheless, the (Q 24) Should the Commission the transmission system? Commission could potentially tailor consider incentivizing transmission (Q 30) Should the Commission incentives to promote reliability projects that are scaled to more incentivize flexibility characteristics transmission projects that significantly efficiently facilitate interconnection of, and, if so, how should it do so? enhance transmission reliability above or transmission to, additional (Q 31) How could the Commission and beyond what is required by the generation? What other measurable define ‘‘flexibility’’ in this context? NERC reliability standards or other economic efficiency benefits should be 5. Security planning criteria. considered a bright line metric for the (Q 17) Should the Commission tailor 27. Enhancing the physical and cyber- purposes of economic efficiency? security of existing jurisdictional incentives to promote these types of (Q 25) How should the applicable projects based on their expected transmission facilities, including new bright line criteria be established, and, facilities, can improve the facilities’ reliability benefits? If so, how should in cases where more than one criterion the Commission differentiate these ability to contribute to the reliability of applies, how should they be evaluated the bulk power system. Addressing the projects from others required to meet in combination? reliability standards? security of the transmission system is a (Q 18) Are there specific reliability 3. Persistent Geographic Needs priority of the Commission.33 benefits or project characteristics that 25. Section 219’s objective of 32 See W. Grid Dev., LLC, 130 FERC ¶ 61,056, at could merit such an approach? promoting the development of (Q 19) If the Commission tailored PP 2, 43–46, order denying reh’g, 133 FERC transmission facilities that ensure ¶ 61,029 (2010). incentives for reliability benefits, how reliability and/or reduce congestion may 33 See, e.g., Notice of Technical Conference, should the Commission measure the be particularly important in regions of AD19–12–000, at 1 (Feb. 4, 2019), and expected enhancement to transmission the country that have experienced Supplemental Notice of Technical Conference, reliability? Should there be a threshold AD19–12–000, at 1 (Mar. 1, 2019); Supply Chain Risk Management Reliability Standards, Order No. or bright line test applied? If so, how? 31 See Order No. 679, 116 FERC ¶ 61,057 at P 25; 850, 83 FR 53992 (Oct. 26, 2018), 165 FERC 23. One way in which additional see also 2012 Incentives Policy Statement, 141 ¶ 61,020 (2018); Cyber Security Incident Reporting transmission facilities may further FERC ¶ 61,129 at P 21. Continued

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(Q 32) Should the Commission utilization of existing transmission so, describe such alternative ratemaking incentivize physical and cyber-security system assets. structures. enhancements at transmission facilities? (Q 37) How should the Commission 8. Interregional Transmission Projects If so, what types of security investments incentivize the deployment of should qualify for transmission technologies and other measures to 30. An interregional transmission incentives? What type of incentive(s) enhance the capacity, efficiency, and project 36 has the potential to improve would be appropriate? operation of the transmission grid? How interregional coordination, help to (Q 33) How should the Commission can the Commission identify and eliminate seams issues, and provide define ‘‘security’’ in the context of quantify how a technology or other more efficient power flow among determining eligibility for incentive measure contributes to those goals? regions. Although Order No. 1000 treatment? For example, should the Please provide examples. required coordination among Commission define security based on (Q 38) Can the Commission neighboring transmission planning specific investments or based on distinguish between incremental regions to identify potential performance of delivering increased improvements that merit an incentive interregional transmission facilities, security of the transmission system? and those maintenance-related expenses such projects have been scarce to date. 6. Resilience that a transmission owner would make (Q 44) Should the Commission use in its ordinary course of business? incentives to encourage the 28. The Commission has proposed to (Q 39) How should a transmission development of interregional define ‘‘resilience’’ as ‘‘the ability to owner seeking this type of incentive transmission projects? How, if at all, withstand and reduce the magnitude demonstrate increases or improvements would any such incentive interact with and/or duration of disruptive events, in the capabilities or operations of Order No. 1000’s reforms? which includes the capability to existing transmission facilities? (Q 45) If the Commission should use anticipate, absorb, adapt to, and/or incentives to encourage interregional rapidly recover from such an event.’’ 34 (Q 40) Should the Commission transmission projects, should all So defined, enhancements to the provide a stand-alone, transmission interregional projects be eligible or resilience of the transmission system technology-related incentive? If the should it be based on some other may enhance its overall reliability, Commission provides a stand-alone criteria? How should the Commission potentially bringing investments in transmission technology-related resilience within the Commission’s incentive, what criteria should be consider the benefits of an individual mandate under section 219. employed for a technology to be interregional transmission project? (Q 34) Should transmission projects considered as meriting an incentive? (Q 46) If the Commission were to that enhance resilience be eligible for Should the Commission periodically grant incentives for interregional incentives based upon their reliability- revisit the definition of an eligible transmission projects, what incentive(s) enhancing attributes? technology? would be appropriate? (Q 35) If so, how could the (Q 41) Certain utility costs, such as 9. Unlocking Locationally Constrained Commission consider or measure the those associated with grid management Resources benefits of an individual project towards technology, including dynamic line grid resilience? rating technology, are typically 31. The 2012 Incentives Policy (Q 36) If the Commission were to recovered through operations and Statement provided that ‘‘projects that grant incentives for measures that maintenance expenses within cost-of unlock location constrained generation enhance the resilience of the service rates. For such costs, should the resources that previously had limited or transmission system, what incentive(s) Commission, instead, consider no access to the wholesale electricity would be appropriate? inclusion of these expenses in rate base markets’’ may be eligible for as a regulatory asset? If so, what costs incentives.37 In subsequent years, 7. Improving Existing Transmission should be eligible for such treatment interconnection queues in many regions Facilities and over what period should they be of the country have expanded 29. Section 219(b)(3) directs the amortized? considerably, with many of the potential Commission to encourage investments (Q 42) Are there ways the resources clustered in specific in technologies and other measures that Commission could incentivize RTOs/ geographic areas with limited increase the capacity and efficiency of ISOs to adopt better grid management transmission access.38 existing transmission facilities and technologies and/or other technologies (Q 47) Should the Commission use improve the operation of those to improve the efficiency of individual incentives to encourage the 35 facilities. Such investments could transmission assets to promote efficient development of transmission projects include advanced management software use of the transmission system and that will facilitate the interconnection of or application of technologies, such as improved market performance? large amounts of resources? energy storage, in order to improve (Q 43) Should the Commission (Q 48) If so, what metrics could the interpret section 219(b)(3) to encourage Commission consider when evaluating Reliability Standards, Order No. 848, 83 FR 36727 whether a transmission project (July 31, 2018), 164 FERC ¶ 61,033 (2018); see also improvements that are not historically Extraordinary Expenditures Necessary to Safeguard considered part of the transmission National Energy Supplies, 96 FERC ¶ 61,299 (2001) system, such as, for example, software 36 Order No. 1000 defined an interregional (providing assurances, following the events of upgrades, technologies that allow for transmission facility as one that is physically September 11, 2001, that the Commission will located in two or more neighboring transmission approve applications to recover prudently incurred faster ramping, or other innovative planning regions. Order No. 1000, 136 FERC costs necessary to safeguard the reliability and measures that achieve the same goals as ¶ 61,051 at P 63. security of the nation’s energy supply new transmission facilities? What types 37 2012 Incentives Policy Statement, 141 FERC infrastructure). of incentives could increase the ¶ 61,129 at P 21. 34 Grid Reliability and Resilience Pricing and Grid adoption of these technologies? Are 38 For instance, Midcontinent Independent Resilience in Regional Transmission Organizations System Operator, Inc., as of February 28, 2019, had and Independent System Operators, 162 FERC there forms of performance-based 70.3 GWs of active projects in its interconnection ¶ 61,012, at P 23 (2018). ratemaking with respect to transmission queue. See https://cdn.misoenergy.org/GIQ%20 35 16 U.S.C. 824s(b)(3). that the Commission should explore? If Web%20Overview272899.pdf.

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facilitates the interconnection of transmission developers on a level transmission investment is needed.’’ 41 generation? playing field with incumbent Further, the Commission found that (Q 49) Should such an incentive focus transmission owners in Order No. 1000 ‘‘Transcos have no incentive to maintain on resources already in the queue, a regional transmission planning congestion in order to protect their region’s potential for new resources, or processes? If so, should the Commission owned generation’’; ‘‘Transcos’ for- some other measure? How could the consider requests for such incentives profit nature, combined with a Commission evaluate the potential for under section 205, or should the transmission-only business model, further resource development in a Commission consider requests for such enhances asset management and access particular geographic area? incentives for non-incumbent to capital markets and provides greater transmission owners under section 219? incentives to develop innovative 10. Ownership by Non-Public Utilities services’’; and due to ‘‘their stand-alone 32. Section 219(b)(1) encourages the 12. Transmission Projects in Non-RTO/ ISO Regions nature, Transcos also provide non- Commission to facilitate capital discriminatory access to all grid users,’’ investment in transmission 35. Applications for transmission and supported regional planning infrastructure, regardless of the incentives to date have almost goals.42 In subsequent decisions ownership of those facilities. exclusively been for transmission regarding the Transco adder, the (Q 50) Are there barriers to non-public projects proposed to be developed Commission has addressed challenges utilities’ ownership of transmission within RTOs/ISOs. presented by maintaining an facilities? (Q 55) Are there factors that appropriate threshold for eligibility with (Q 51) Should the Commission discourage developers of transmission respect to necessary independence.43 consider granting incentives to promote projects in non-RTO/ISO regions from (Q 57) Does the Transco business joint ownership arrangements with non- seeking incentives? model continue to provide sufficient (Q 56) What, if any, additional types public utilities and, if so, how? benefits to merit transmission of incentives could appropriately incentives? What information should an 11. Order No. 1000 Transmission encourage the development of Projects transmission in non-RTO/ISO regions? entity seeking a Transco incentive provide to demonstrate sufficient 33. The Commission has considered C. Existing Incentives benefits? whether it could reduce transmission 36. The Commission also seeks (Q 58) Should the Transco incentive developer risk by granting blanket pre- remain available to Transcos that are approval (i.e., a rebuttable presumption) comment on the types of incentives that it has awarded to date, including ROE affiliated with a market participant? If of three risk-reducing incentives for so, how should the Commission transmission projects selected in a adder incentives based on risks and challenges, discussed above. evaluate whether a Transco is regional transmission plan for purposes sufficiently independent to merit an of cost allocation: CWIP, abandoned Commenters should address whether incentive? 44 plant, and regulatory asset treatment.39 the incentive itself remains relevant and (Q 59) Should a Transco incentive be (Q 52) Should these or other appropriate. In addition, commenters awarded on a project-by-project basis? incentives be granted automatically for should consider whether the goals (Q 60) Should the Transco incentive transmission projects selected in a underlying the incentive could be exclude assets that a Transco buys, regional transmission plan for purposes incentivized more efficiently. For rather than develops? of cost allocation? example, if an incentive is currently (Q 53) If so, what specific incentives awarded as ROE basis point adder, b. RTO/ISO Participation Commenters should also address are appropriate for such automatic 38. Section 219(c) requires that the treatment and how should such whether a non-ROE incentive would be more appropriate. Although we invite Commission provide incentives to incentives be designed? transmitting utilities or electric utilities 34. Following Order No. 1000, the comment on all current incentives, we that join an RTO or ISO. In Order No. Commission has exercised it discretion specifically seek comment on the 679, the Commission found that ROE to grant certain incentives to non- following incentives. incentives should be granted to utilities incumbent transmission developers 1. ROE-Adder Incentives that ‘‘join and/or continue to be a under section 205 of the FPA, in order a. Transmission-Only Companies member of an ISO, RTO, or other to further the public policy goal of Commission-approved Transmission placing non-incumbent transmission 37. In Order No. 679, the Commission Organization.’’ 45 The Commission developers on a level playing field with found that transmission-only companies declined to make a finding on the incumbent transmission owners in (i.e., Transcos) warranted incentives appropriate size or duration of the Order No. 1000 regional transmission because they were willing and able to planning processes.40 invest in transmission based on a (Q 54) Should the Commission proven and encouraging track record of 41 Order No. 679, 116 FERC ¶ 61,057 P 224. 42 continue to use certain incentives to existing Transcos’ investment in Id. PP 224–227. 43 See, e.g., Consumers Energy Co. v. Int’l seek to place non-incumbent transmission infrastructure and their Transmission Co., 165 FERC ¶ 61,021, at PP 67–73 expansion plans. The Commission (2018) (reducing a previously granted Transco ROE 39 See Notice Inviting Post-Technical Conference explained that this record of investment adder due to reduced independence); NextEra Comments, Docket No. AD16–18–000, at 2 (Aug. 3, was due to the stand-alone nature of Energy Transmission N.Y. Inc., 162 FERC ¶ 61,196, 2016). these entities—‘‘[b]y eliminating at PP 51–52 (2018) (finding that the applicants 40 See, e.g., PJM Interconnection, L.L.C., 155 FERC relationship with affiliated market participants did ¶ 61,097, at P 175 (2016), order on reh’g, 158 FERC competition for capital between not prevent it from meeting the independence ¶ 61,060 (2017); ATX Sw., LLC, 152 FERC ¶ 61,193, generation and transmission functions standard for a Transco). at PP 18, 23 (2015); Transource Kan., LLC, 151 and thereby maintaining a singular 44 C.f. Consumers Energy Co. v. Int’l Transmission FERC ¶ 61,010, at P 19 (2015), order on reh’g, 154 focus on transmission investment, the Co., 165 FERC ¶ 61,021 at PP 67–74 (granting a FERC ¶ 61,011, at P 12 (2016), petition dismissed complaint in part to reduce Transco adders based sub nom, Kan. Corp. Comm’n v. FERC, 881 F.3d 924 Transco model responds more rapidly upon the Commission’s finding that the Transco (D.C. Cir. 2018); Xcel Energy Sw. Transmission Co., and precisely to market signals was now less independent). LLC, 149 FERC ¶ 61,182, at P 33 (2014). indicating when and where 45 Order No. 679, 116 FERC ¶ 61,057 at P 326.

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incentive.46 Subsequently, the U.S. enhancement projects might represent hypothetical capital structure. The Court of Appeals for the Ninth Circuit good candidates for an ROE adder for Commission largely relies on a public found that the Commission’s granting of risks and challenges.50 To date, there utility’s actual capitalization in setting an RTO participation incentive to have been few applications seeking an its rate of return, but recognized in Pacific Gas and Electric Co. (PG&E) was ROE adder related to advanced Order No. 679 that an overly rigid arbitrary and capricious in its technology. approach to evaluating a proposed application of Order Nos. 679 and 679– (Q 67) Why have few transmission capital structure could be a disincentive A because the Commission failed to developers sought transmission to investment in new transmission provide a reasoned explanation for incentives for the adoption of advanced projects.52 Accordingly, the granting the incentive in light of the technology? Commission allows applicants to file an Commission’s longstanding policy that (Q 68) Do NERC reliability standards overall rate of return based on a incentives should only be granted to affect the willingness of transmission hypothetical capital structure, and gives induce future behavior.47 developers to enhance existing them the flexibility to refinance or (Q 61) Should the Commission revise transmission facilities by deploying new employ different capitalizations as may the RTO-participation incentive? technologies because of concerns these be needed to maintain the viability of (Q 62) Should the Commission technologies may increase the risk of new capacity additions. The consider providing incentives other standards violations? Commission currently approves than ROE adders for utilities that join (Q 69) Are there any types of hypothetical capital structures during RTO/ISOs, such as the automatic transmission incentives that could the construction period, chiefly for provision of CWIP in rate base or the better encourage deployment of new small or new transmission owners for 48 abandoned plant incentive for all technologies? If so, please describe which the new transmission project transmission-owning members of an them. would cause substantial fluctuations in RTO/ISO? If so, what other types of 2. Non-ROE Transmission Incentives their capital structure during incentives would be appropriate? construction. The Commission has (Q 63) If the Commission continues to a. Regulatory Asset/Deferred Recovery allowed a hypothetical capital structure provide ROE adders for RTO/ISO of Pre-Commercial Costs and CWIP to extend for the life of the transmission participation, what is an appropriate 40. In Order No. 679, the Commission project for non-public utilities without level for an ROE adder? recognized that some transmission traditional capital structures. (Q 64) Should the RTO-participation incentives—such as including 100 incentive be awarded for a fixed period (Q 72) Should the Commission percent of CWIP in rate base and of time after a transmission owner joins continue to utilize hypothetical capital recovery of 100 percent of pre- an RTO or ISO? structures as a transmission incentive? If (Q 65) Should the RTO-participation commercial costs as an expense or as a so, what entities should be eligible to adder be awarded on a project-specific regulatory asset—reduce the financial apply for a hypothetical capital and regulatory risks associated with structure? basis? 51 (Q 66) In Order No. 679, the transmission investment. (Q 73) Have hypothetical capital Commission found that ‘‘the basis for (Q 70) Should the Commission structures been effective in reducing the the incentive is a recognition that continue to provide regulatory asset overall cost of debt by rendering the benefits flow from membership in such treatment and CWIP as incentives? capital structure more predictable? organizations and the fact that Should these incentives be granted (Q 74) In what circumstances, if any, continuing membership is generally automatically to certain types of should hypothetical capital structure voluntary.’’ 49 Should voluntary transmission projects? If so, how would incentives granted to an entity also be participation remain a requirement for the Commission determine what types authorized for that entity’s yet-to-be receiving RTO/ISO incentives? of transmission projects? formed affiliates? (Q 71) Should the costs of (Q 75) Under what circumstances, if c. Advanced Technology unsuccessful Order No. 1000 proposals any, should hypothetical capital 39. Order No. 679, the Commission be recoverable through regulatory asset structures extend beyond the considered the use of advanced and deferred pre-commercial cost construction period? technologies (1) as part of an overall recovery incentives? If so, what costs are (Q 76) Should the Commission nexus, accounting for risks and appropriate for recovery? provide a consistent hypothetical challenges, and (2) where an applicant b. Hypothetical Capital Structure structure (e.g., 50 percent debt and 50 sought a stand-alone incentive ROE 41. A hypothetical capital structure percent equity)? Alternatively, should adder based on advanced technology the Commission cap the equity utilization. The Commission can serve as an incentive by providing cash flow predictability and a higher percentage at some upper limit (e.g., 50 discontinued a stand-alone advanced percent)? transmission technologies incentive in rate of return where public utilities have the 2012 Incentives Policy Statement, a higher amount of debt than in the c. Recovery of the Cost of Abandoned but concluded that some transmission Plant 50 2012 Incentives Policy Statement, 141 FERC ¶ 61,129 at P 21 & nn.27–28. 42. Even prior to Order No. 679, the 46 Id. P 331. 51 These incentives have routinely been granted to Commission granted recovery of 100 47 Cal. Pub. Util. Comm’n v. FERC, 879 F.3d at applicants who do not yet have customers from percent of the prudently incurred costs 974–75, 977; see also Pacific Gas and Electric Co., which to recover pre-commercial costs, including of transmission facilities that are 164 FERC ¶ 61,121 (2018) (establishing a briefing costs associated with Order No. 1000 proposals by schedule to supplement the record on the specific nonincumbent transmission developers. The cancelled or abandoned due to factors questions raised on remand). Commission has reasoned that doing so is necessary beyond the control of the public utility 48 The abandoned plant incentive allows recovery to level the playing field with incumbent (the abandoned plant incentive) as a of 100 percent of the prudently incurred costs of transmission owners, who can already recover such way of mitigating certain risks that are transmission facilities that are cancelled or costs from ratepayers. See Ne. Transmission Dev., abandoned due to factors beyond the control of the LLC, 155 FERC ¶ 61,097, at P 41 (2016), order on public utility. reh’g, 158 FERC ¶ 61,060 (2017); Xcel Energy Sw. 52 Order No. 679, 116 FERC ¶ 61,057 at PP 123, 49 Order No. 679, 116 FERC ¶ 61,057 at P 331. Transmission Co., LLC, 149 FERC ¶ 61,182 at P 33. 131.

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outside the control of the developer.53 incentive? If so, should this limit be the Commission evaluates the Order No. 679 stated that transmission based on the type of incentive granted? interrelationship between the requested developers may be entitled to recover (Q 84) How should the Commission incentives.56 The Commission, 100 percent of the prudently incurred structure a durational component to its however, to date has provided limited costs related to certain transmission incentives? For example, should the guidance regarding what level of facilities if such facilities are later Commission provide that transmission transmission incentives should be abandoned or cancelled.54 incentives automatically sunset after a provided or how to ensure that the (Q 77) Should the Commission grant certain period? 55 combination of transmission incentives the abandoned plant incentive (Q 85) Should the Commission provided is appropriate and produces automatically, rather than on a case-by- provide that a transmission incentive rates that are just and reasonable.57 case basis? Under what circumstances can be eliminated or modified upon a (Q 93) Should the Commission might an automatic award of the material change to the transmission establish a more formulaic framework abandoned plant incentive be project? How would such an for determining the appropriate level appropriate? elimination or modification be and combination of incentives? If such (Q 78) How, if at all, could the implemented? What should constitute a framework is created, what elements Commission grant the abandoned plant such a material change? How would the should it include? incentive without encouraging Commission and interested parties be (Q 94) Alternatively, if the transmission developers to pursue informed of such a material change? Commission continues evaluating unnecessarily risky transmission (Q 86) Should there be a process of incentive requests on a case-by-case projects or take unnecessary risks in measurement and verification (or audit) basis, how could the Commission transmission development? Could such to determine if the expected benefits provide more detailed explanations in behavior be reduced if the developer accrued to consumers? individual cases to better describe how shared some risk associated with the (Q 87) If so, how should measurement it derives the appropriate level and abandonment, e.g., 10 percent of and verification take place and over combination of incentives? If so, what abandonment costs? If so, what level of what time period? elements should such explanations developer risk is appropriate? (Q 88) Should the Commission provide? (Q 79) How should the Commission consider eliminating an incentive if the (Q 95) The Commission’s current evaluate whether the costs of an project fails to realize its anticipated policy is that the total ROE may not abandoned facility were prudently benefits? exceed the zone of reasonableness. If a incurred? (Q 89) Should there be reporting on transmission project qualifies for ROE d. Accelerated Depreciation projects’ expected benefits compared to incentives, should there be an upper 43. In Order No. 679, the Commission results, and over what time period? limit or range that the total ROE cannot exceed? If so, what is the appropriate included accelerated depreciation as a 2. Case-by-Case vs. Automatic Approach limit or range? Should this vary based potential transmission incentive in Reviewing Incentive Applications reasoning that this incentive increases on how the Commission sets base 45. In Order No. 679, the Commission 58 cash flow, providing an incentive to ROE? stated that the section 219(a) threshold undertake transmission projects. 4. Bounds on ROE Incentives (Q 80) Should the Commission that a transmission project must ensure continue to consider accelerated reliability or reduce the cost of 47. The benefits of various depreciation as an incentive? delivered power by reducing transmission projects may vary (Q 81) Does the accelerated transmission congestion and the nexus substantially and, in some cases, be deprecation incentive provide test are not prescriptive by design, and difficult to compare. Particularly given meaningful benefits to transmission are intended to be applied on a case-by- the current risks and challenges developers? case basis. framework, the Commission has (Q 82) Should the Commission grant (Q 90) What are the benefits and maintained discretion to determine the an accelerated depreciation incentive drawbacks of granting incentives on a level of any granted incentive ROE with a generic depreciation period or case-by-case basis, as compared to being rather than establishing pre-determined continue to determine such a period on granted automatically, with or without levels or ranges for incentive ROEs. a case-by-case basis? related threshold criteria? Would an (Q 96) For ROE incentives, to what automatic approach based on extent, if any, should the Commission D. Mechanics and Implementation established threshold criteria provide retain discretion to determine the 1. Duration of Incentives additional certainty? If so, how? appropriate level of ROE incentives? (Q 91) If so, how could the (Q 97) If the Commission retains 44. The Commission is considering Commission determine which discretion with respect to determining whether incentives should be revisited incentives should be awarded ROE incentives, should its discretion be if there is a material modification to the automatically? bound within a pre-determined range project or a significant change in the (Q 92) If the existing case-by-case expected benefits. Please comment on approach to incentives is retained, 56 Order No. 679–A, 117 FERC ¶ 61,345 at P 21. whether particular types of incentives 57 could it be improved? If so, how? An exception, as noted, is that the Commission should automatically sunset and under has required applicants to seek to employ risk what certain circumstances. 3. Interaction Between Different reducing incentives before they seek an ROE adder (Q 83) Should the Commission limit Potential Incentives in Determining for risks and challenges. See 2012 Incentives Policy the duration of a granted transmission Statement, 141 FERC ¶ 61,129 at PP 24, 28–29. Correct Level of ROE Incentives 58 The Commission has proposed a methodology 46. In determining whether an for base ROE and established a paper hearing 53 See Order No. 679, 116 FERC ¶ 61,057 at P 156 proceeding on whether and how this methodology (explaining that the Commission’s proposed change applicant has satisfied the nexus test, should apply. See Martha Coakley v. Bangor Hydro- in policy was an extension of the Commission’s Elec. Co., 165 FERC ¶ 61,030 (2018); Ass’n of decision in S. Cal. Edison Co., 112 FERC ¶ 61,014, 55 For example, the incentive for joining an RTO/ Businesses Advocating Tariff Equity v. reh’g denied, 113 FERC ¶ 61,143 (2005)). ISO or forming a Transco could be limited to a set Midcontinent Indep. Sys. Operator, Inc., 165 FERC 54 Id. P 163. number of years. ¶ 61,118 (2018).

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(e.g., between 50 and 100 basis points)? driver of each transmission project (e.g., Availability section below. Commenters If so, what is the appropriate range and reliability needs) and the risks entailed on this proposal are not required to why? in its development (e.g., number of serve copies of their comments on other permits required, siting challenges)? commenters. E. Metrics for Evaluating the (Q 102) If a transmission project is Effectiveness of Incentives abandoned, should the Commission IV. Document Availability 48. The Commission has a require additional data such as the 53. In addition to publishing the full ‘‘longstanding policy that incentives reasons that it failed (e.g., lack of text of this document in the Federal should only be awarded to induce financing, inability to obtain permits, Register, the Commission provides all voluntary conduct.’’ 59 Nevertheless, it the need for the transmission project did interested persons an opportunity to can sometimes be difficult to identify not materialize or was addressed view and/or print the contents of this the extent to which a particular through other means)? document via the internet through the incentive motivates a transmission (Q 103) Should the information on Commission’s Home Page (http:// developer to take a particular action. annual transmission spending www.ferc.gov) and in the Commission’s Order No. 679 adopted an annual associated with projects that received Public Reference Room during normal reporting requirement, Form FERC–730, transmission incentives be broken down business hours (8:30 a.m. to 5:00 p.m. which requires transmission incentives by transmission project? Eastern time) at 888 First Street NE, recipients to provide limited (Q 104) How burdensome would such Room 2A, Washington DC 20426. information.60 Additional transmission information requirements be? To ensure 54. From the Commission’s Home incentive-related data, beyond that that any reporting is not unduly Page on the internet, this information is available under the Commission’s burdensome, should the Commission available on eLibrary. The full text of existing reporting standards or through adopt some type of reporting threshold, this document is available on eLibrary other public sources, could help the such as a voltage, mileage, or dollar in PDF and Microsoft Word format for Commission to better understand the threshold, to limit the transmission viewing, printing, and/or downloading. effectiveness of the incentives program, projects on which it collects To access this document in eLibrary, including the effects of any changes that information? type the docket number excluding the it adopts through this proceeding. In (Q 105) Should the Commission last three digits of this document in the particular, a standard of comparison upgrade the FERC–730 filing format to docket number field. among transmission projects, regardless XBRL or another format or standard? If 55. User assistance is available for of whether a project receives incentives so, what filing format would be most eLibrary and the Commission’s website and/or ultimately goes into service, beneficial and useful to filers and users during normal business hours from the would allow the Commission to of the information? Commission’s Online Support at 202– 502–6652 (toll free at 1–866–208–3676) examine whether incentives motivate III. Comment Procedures investment in and development of new or email at [email protected], transmission projects. 49. The Commission invites interested or the Public Reference Room at (202) (Q 98) What metrics should the persons to submit comments on the 502–8371, TTY (202)502–8659. Email Commission use in measuring the matters and issues proposed in this the Public Reference Room at effectiveness of incentives, e.g., if Notice of Inquiry, including any related [email protected]. certain milestones are reached or only if matters or alternative proposals that By direction of the Commission. commenters may wish to discuss. Initial a transmission project is built and Issued: March 21, 2019. Comments are due June 25, 2019, and energized? Nathaniel J. Davis, Sr., (Q 99) Should the obligation to file Reply Comments are due July 25, 2019. Comments must refer to Docket No. Deputy Secretary. Form FERC–730 be expanded to all [FR Doc. 2019–05895 Filed 3–27–19; 8:45 am] public utility transmission providers? PL19–3–000, and must include the BILLING CODE 6717–01–P (Q 100) Should the Commission commenter’s name, the organization require that incentive recipients provide they represent, if applicable, and their address in their comments. additional data through Form FERC– DEPARTMENT OF ENERGY 730? If so, what additional information 50. The Commission encourages comments to be filed electronically via should be provided? Federal Energy Regulatory the eFiling link on the Commission’s (Q 101) For each transmission project, Commission should the Commission require website at http://www.ferc.gov. The [Project No. 14861–001] additional data such as the primary Commission accepts most standard word processing formats. Documents created electronically using word FFP Project 101, LLC; Notice of Intent 59 Cal. Pub. Util. Comm’n v. FERC, 879 F.3d at To File License Application, Filing of 978. processing software should be filed in 60 Order No. 679, 116 FERC ¶ 61,057 at P 367. native applications or print-to-PDF Pre-Application Document, and FERC–730 requests information concerning: (1) The format and not in a scanned format. Approving Use of the Traditional transmission developer’s actual capital spending on Commenters filing electronically do not Licensing Process each transmission project for which it has received incentives, as well as its projected capital spending need to make a paper filing. a. Type of Filing: Notice of Intent to on the projects for the next five years; (2) a high- 51. Commenters that are not able to File License Application and Request to level description of such projects, including their file comments electronically must send Use the Traditional Licensing Process. voltage level; (3) the type of transmission project an original of their comments to: (i.e., whether it is new build, an upgrade to existing b. Project No.: 14861–001. infrastructure, a refurbishment/replacement, or a Federal Energy Regulatory Commission, c. Date Filed: January 28, 2019. generator direct connection); (4) each project’s Secretary of the Commission, 888 First d. Submitted By: Rye Development on completion status (i.e., complete, under Street NE, Washington, DC 20426. behalf of FFP Project 101, LLC. construction, pre-engineering, planned, proposed, 52. All comments will be placed in e. Name of Project: Goldendale or conceptual); and (5) each project’s estimated completion date, as well as the reason for any the Commission’s public files and may Pumped Storage Project. delays (i.e., siting, permitting, construction, delayed be viewed, printed, or downloaded f. Location: Off-stream (north side) of completion of new generator, or other). remotely as described in the Document the Columbia River at River Mile 215.6

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in Klickitat County, Washington and [email protected], (866) see the Comment Procedures Section of Sherman County, Oregon, 208–3676 (toll free), or (202) 502–8659 this document. approximately 8 miles southeast of the (TTY). A copy is also available for FOR FURTHER INFORMATION CONTACT: City of Goldendale. The project would inspection and reproduction at the Jeremy Hessler (Legal Information), occupy 16.1 acres of lands administered address in paragraph h. Office of the General Counsel, 888 by the Bonneville Power o. Register online at http:// First Street NE, Washington, DC Administration. www.ferc.gov/docs-filing/ 20426, (202) 502–8655, g. Filed Pursuant to: 18 CFR 5.3 of the esubscription.asp to be notified via [email protected]. Commission’s regulations. email of new filing and issuances Adam Pollock (Technical Information), h. Potential Applicant Contact: Erik related to this or other pending projects. Office of Energy Market Regulation, Steimle, Rye Development, 220 NW 8th For assistance, contact FERC Online Federal Energy Regulatory Avenue, Portland, Oregon 97209; (503) Support. Commission, 888 First Street NE, 998–0230; email—erik@ Dated: March 21, 2019. Washington, DC 20426, (202) 502– ryedevelopment.com. 8458, [email protected]. i. FERC Contact: Michael Tust at (202) Kimberly D. Bose, Secretary. Scott Everngam (Technical Information), 502–6522; or email at michael.tust@ Office of Energy Market Regulation, [FR Doc. 2019–05903 Filed 3–27–19; 8:45 am] ferc.gov. Federal Energy Regulatory j. FFP Project 101, LLC (FFP) filed its BILLING CODE 6717–01–P Commission, 888 First Street NE, request to use the Traditional Licensing Washington, DC 20426, (202) 502– Process on January 28, 2019. FFP DEPARTMENT OF ENERGY 6614, [email protected]. provided public notice of its request on Tony Dobbins (Technical Information), January 30, 2019 and January 31, 2019. Federal Energy Regulatory Office of Energy Policy and In a letter dated March 21, 2019, the Commission Innovation, Federal Energy Regulatory Director of the Division of Hydropower Commission, 888 First Street NE, Licensing approved FFP’s request to use [Docket No. PL19–4–000] Washington, DC 20426, (202) 502– the Traditional Licensing Process. 6630, [email protected]. k. With this notice, we are initiating Inquiry Regarding the Commission’s SUPPLEMENTARY INFORMATION: informal consultation with the U.S. Fish Policy for Determining Return on Equity 1. In this Notice of Inquiry (NOI), the and Wildlife Service and/or NOAA Commission seeks information and Fisheries under section 7 of the AGENCY: Federal Energy Regulatory stakeholder views regarding whether, Endangered Species Act and the joint Commission, Department of Energy. and if so how, it should modify its agency regulations thereunder at 50 CFR ACTION: Notice of inquiry. policies concerning the determination of part 402; and NOAA Fisheries under the return on equity (ROE) to be used in section 305(b) of the Magnuson-Stevens SUMMARY: Following the decision of the designing jurisdictional rates charged by Fishery Conservation and Management U.S. Court of Appeals for the District of public utilities. The Commission also Act and implementing regulations at 50 Columbia Circuit in Emera Maine v. seeks comment on whether any changes CFR 600.920. We are also initiating Federal Energy Regulatory Commission, to its policies concerning public utility consultation with the Washington State the Commission seeks information and ROEs should be applied to interstate Historic Preservation Officer and the stakeholder views to help the natural gas and oil pipelines. Oregon State Historic Preservation Commission explore whether, and if so 2. This NOI follows the decision of Officer, as required by section 106, how, it should modify its policies the U.S. Court of Appeals for the District National Historic Preservation Act, and concerning the determination of the of Columbia Circuit (D.C. Circuit) in the implementing regulations of the return on equity (ROE) to be used in Emera Maine v. FERC,1 reversing and Advisory Council on Historic designing jurisdictional rates charged by vacating Opinion No. 531.2 In that Preservation at 36 CFR 800.2. public utilities. The Commission also decision, the court held, among other l. With this notice, we are designating seeks comment on whether any changes things, that the Commission had failed FFP as the Commission’s non-federal to its policies concerning public utility to justify its decision under section 206 representative for carrying out informal ROEs should be applied to interstate of the Federal Power Act (FPA) 3 to set consultation pursuant to section 7 of the natural gas and oil pipelines. the ROE of the New England Endangered Species Act and section DATES: Initial Comments are due June Transmission Owners 4 at the midpoint 305(b) of the Magnuson-Stevens Fishery 26, 2019, and Reply Comments are due of the upper half of the zone of Conservation and Management Act; and July 26, 2019. reasonableness produced by the two- consultation pursuant to section 106 of ADDRESSES: Comments, identified by step Discounted Cash Flow (DCF) the National Historic Preservation Act. docket number, may be filed in the analysis. While the court did not m. FFP filed a Pre-Application following ways: expressly question the Commission’s Document (PAD; including a proposed • Electronic Filing through http:// process plan and schedule) with the www.ferc.gov. Documents created 1 854 F.3d 9 (DC Cir. 2017) (Emera Maine). Commission, pursuant to 18 CFR 5.6 of electronically using word processing 2 Coakley, Mass. Attorney Gen. v. Bangor Hydro- the Commission’s regulations. software should be filed in native Elec. Co., Opinion No. 531, 147 FERC ¶ 61,234, n. A copy of the PAD is available for applications or print-to-PDF format and order on paper hearing, 149 FERC ¶ 61,032 (2014), review at the Commission in the Public order on reh’g, 150 FERC ¶ 61,165 (2015). not in a scanned format. 3 Reference Room or may be viewed on • Mail/Hand Delivery: Those unable 16 U.S.C. 824e. 4 The New England Transmission Owners include the Commission’s website (http:// to file electronically may mail or hand- Bangor Hydro-Elec. Co.; Cent. Me. Power Co.; New www.ferc.gov), using the ‘‘eLibrary’’ deliver comments to: Federal Energy England Power Co. d/b/a Nat’l Grid; N.H. link. Enter the docket number, Regulatory Commission, Secretary of the Transmission LLC d/b/a NextEra; NSTAR Elect. & excluding the last three digits in the Commission, 888 First Street NE, Gas Corp.; Ne. Utilities Serv. Co.; United docket number field to access the Washington, DC 20426. Illuminating Co.; Unitil Energy Systems, Inc. and • Fitchburg Gas & Elec. Light Co.; and Vt. Transco, document. For assistance, contact FERC Instructions: For detailed LLC. Opinion No. 531, 147 FERC ¶ 61,234 at P 1 Online Support at instructions on submitting comments, n.3.

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finding that anomalous capital market where P is the price of the stock at the Commission’s 1994 decision in Ozark conditions justified an ROE above the relevant time, D is the current dividend, Gas Transmission System.13 In that midpoint of the DCF zone of k is the discount rate (or investors’ decision, the Commission explained: reasonableness, the court concluded required return), and g is the expected In the constant growth DCF model used by that the Commission failed to point to growth rate in dividends. both parties in this proceeding, dividends are record evidence supporting the 6. For ratemaking purposes, the expected to grow indefinitely at the rate of conclusion that its solution to the Commission rearranges the DCF formula (g). The indefinite future used by the DCF anomalous capital market conditions— to solve for k, the discount rate, so that: model is 50 years or more .... While we setting the base ROE at the upper k = D/P + g. concede that it is more difficult to project midpoint rather than the midpoint—was Under the resulting DCF formula, the growth for many years from the present time, we conclude that a projection limited to five just and reasonable.5 investor’s required return is estimated to 3. The Commission recognizes the years, with no evidence of what is equal current dividend yield (dividends anticipated beyond that point, is not potentially significant and widespread divided by share price) plus the consistent with the DCF model and cannot be effect of our ROE policies upon public projected future growth rate of relied on in a DCF analysis.14 utilities. The importance of ROE policy dividends. The term ‘‘k’’ represents the for public utilities extends beyond the investor’s required return for investing In Opinion No. 396–B, issued in 1997, particular interests of the parties to the in the firm (i.e., the cost of equity).8 The the Commission held that the long-term Emera Maine proceeding. Accordingly, Commission’s practice has been to set a growth in the United States economy as this NOI seeks further information as regulated firm’s rate of return, or ‘‘r’’ to a whole, as measured by gross domestic the Commission re-evaluates our ROE equal ‘‘k’’ the investor’s required return product (GDP), is the most reasonable policies following the Emera Maine for investing in the firm. projection of long-term growth rates for decision. Initial Comments are due June 7. During the decades that the interstate natural gas pipelines.15 The 26, 2019, and Reply Comments are due Commission has used the DCF model, Commission stated, ‘‘[i]t is reasonable to July 26, 2019. the Commission periodically has made expect that, over the long-run, a changes in its implementation of the regulated firm will grow at the rate of I. Background model with respect to the industries that the average firm in the economy, A. The DCF Model it regulates. In Opinion No. 531, the because regulation will generally Commission used the same two-step, prevent the firm from being extremely 4. The Supreme Court has held that constant-growth DCF model in public profitable during good periods, but also ‘‘the return to the equity owner should utility cases as it had used in natural gas protects it somewhat during bad be commensurate with the return on and oil pipeline cases for the last 20 periods.’’ 16 The D.C. Circuit affirmed investments in other enterprises having years.9 For the dividend yield the Commission’s decision to use GDP corresponding risks. That return, component of that model, the to estimate long-term growth in moreover, should be sufficient to assure Commission derives a single, average dividends.17 confidence in the financial integrity of dividend yield based on the indicated 10. When the Commission first the enterprise, so as to maintain its dividend and the average of the monthly required use of a long-term growth credit and to attract capital.’’ 6 Since the high and low stock prices over a six- estimate, the Commission averaged the 1980s, the Commission has used the month period.10 The Commission then short-term IBES growth estimate with DCF model to develop a range of returns uses a two-step method to estimate a the long-term GDP growth estimate in earned on investments in companies single constant growth rate in determining the overall constant with corresponding risks for purposes of dividends.11 dividend growth rate.18 However, in determining the ROE for regulated 8. In order to project short-term 1998, in Opinion No. 414–A, the entities. growth in dividends, the Commission Commission changed the weighting 5. The DCF model was originally uses security analysts’ three-year to five- scheme in order to give two-thirds developed in the 1950s as a method for year earnings forecasts, as published by weight to short-term forecasts and one- investors to estimate the value of the Institutional Brokers Estimate securities, including common stocks. It System (IBES). The Commission has 13 is based on the premise that ‘‘a stock’s 68 FERC ¶ 61,032 (1994) (Ozark). held that earnings forecasts made by 14 price is equal to the present value of the Id. at 61,105. The Commission chose 50 years investment analysts are the best to represent the indefinite future because the infinite stream of expected dividends available estimates of short-term present value of a one-dollar dividend received 50 years in the future and discounted at 12 percent is discounted at a market rate dividend growth based on a finding that commensurate with the stock’s risk.’’ 7 less than one cent. Id. at n.32. they are relied on by investors when 15 With simplifying assumptions, the DCF Opinion No. 396–B, 79 FERC at 62,382–83, making their investment decisions.12 reh’g denied, Opinion No. 396–C, 81 FERC ¶ 61,036 model results in the investor using the 9. The use of a long-term growth (1997). following formula to determine share estimate for dividends originated in the 16 Id. price: 17 Williston Basin Interstate Pipeline Co., v. FERC, 165 F.3d 54, 64 (D.C. Cir. 1999), finding that ‘‘[t]he P = D/(k¥g), 8 See Opinion No. 531, 147 FERC ¶ 61,234 at P testimony adduced at the hearing demonstrated that 15. major investment houses used an economy-wide 5 Emera Maine, 854 F.3d at 28–29. 9 Id. P 8. approach to project long-term growth, that such an 6 Fed. Power Comm’n v. Hope Natural Gas Co., 10 See, e.g., Portland Natural Gas Transmission approach was supported by practical economic 320 U.S. 591, 605 (1944) (Hope); see also Bluefield Sys., Opinion No. 510, 134 FERC ¶ 61,129, at PP considerations, and that existing industry-specific Waterworks & Improvement Co. v. Pub. Serv. 232–34 (2011). approaches imperfectly reflected investor Comm’n, 262 U.S. 679, 692–693 (1923) (Bluefield); 11 Opinion No. 531, 147 FERC ¶ 61,234 at P 17. expectations and made unfounded economic Duquesne Light Co. v. Barasch, 488 U.S. 299, 314 12 See, e.g., Transcon. Gas Pipe Line Corp., assumptions.’’ Nonetheless, finding the record (1989). Opinion No. 414–B, 85 FERC ¶ 61,323, at 62,269 & evidence inadequate to support the Commission’s 7 Canadian Ass’n of Petroleum Producers v. n.34 (1998) (citing an article entitled ‘‘Using use of certain GDP data, the court remanded the FERC, 254 F.3d 289, 293 (DC Cir. 2001); see also Analysts’ Growth Forecasts to Estimate case for further proceedings on this issue. Composition of Proxy Groups for Determining Gas Shareholders Required Rates of Return’’ in Subsequently, the Commission has used an average and Oil Pipeline Return on Equity, 123 FERC Financial Management, Spring 1986, pages 58–67); of three GDP growth projections. ¶ 61,048, at P 58 (2008) (Proxy Group Policy Proxy Group Policy Statement, 123 FERC ¶ 61,048 18 Opinion No. 396–B, 79 FERC at 62,383, reh’g Statement). at PP 73–77. denied, Opinion No. 396–C, 81 FERC ¶ 61,036.

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third weight to long-term forecasts. The theory of the DCF model.24 As it found 1. The CAPM Model Commission explained, with respect to natural gas and oil 14. Investors use CAPM analysis as a While determining the cost of equity pipelines, the Commission found that it measure of the cost of equity relative to nevertheless requires that a long-term is reasonable to project that public risk.27 The CAPM methodology is based evaluation be taken into account, long-term utilities, which transmit electricity to on the theory that the market-required projections are inherently more difficult to supply energy to the national economy, rate of return for a security is equal to make, and thus less reliable, than short-term will have long-term growth consistent projections. Over a longer period, there is a the risk-free rate plus a risk premium with the growth of the economy as a associated with the specific security. greater likelihood for unanticipated 25 developments to occur affecting the whole. The Commission also found Specifically, the CAPM methodology projection. Given the greater reliability of the that the use of a long-term growth estimates the cost of equity by taking the short-term projection, we believe it is projection will aid in normalizing any ‘‘risk-free rate’’ and adding to it the appropriate to give it greater weight. distortions that might be reflected in ‘‘market-risk premium’’ multiplied by However, continuing to give some effect to short-term data limited to a narrow ‘‘beta.’’ 28 The risk-free rate is the long-term growth projection, will aid in segment of the economy. Finally, using normalizing any distortions that might be represented by a proxy, typically the the same long-term growth projection 29 reflected in short-term data limited to a yield on 30-year U.S. Treasury bonds. narrow segment of the economy.19 for all public utilities produces a Betas, which are published by several narrower zone of reasonableness, commercial sources, measure a specific The D.C. Circuit affirmed this two- consistent with the fact different firms stock’s risk relative to the market. The thirds/one-third weighting for in a regulated industry would not market risk premium is calculated by determining the overall dividend 20 ordinarily be expected to have widely subtracting the risk-free rate from the growth estimate. varying levels of profitability. 11. Prior to Opinion No. 531, the expected return. The expected return Commission determined public utility 12. No party in the Opinion No. 531 can be estimated either using a ROEs using a one-step, constant-growth proceeding objected to the backward-looking approach, a forward- DCF model, which considered only Commission’s adoption of the two-step looking approach, or a survey of short-term growth projections for a DCF model for public utilities, and the academics and investment 30 public utility.21 In 2000, the Commission also applied that model, professionals. A CAPM analysis is Commission decided not to adopt the without objection, in Opinion No. 551, backward-looking if the expected return two-step DCF methodology for public addressing a complaint that the MISO is determined based on historical, utilities, primarily because they were Transmission Owners’ ROE is unjust realized returns.31 A CAPM analysis is only just beginning the process of and unreasonable.26 forward-looking if the expected return is restructuring. Under those based on a DCF analysis of a large circumstances, the Commission B. Other Financial Models segment of the market.32 Thus, in a forward-looking CAPM analysis, the determined that investors would be 13. Although the Commission has unlikely to place much weight on long- market Risk Premium is calculated by used the DCF model to determine ROEs subtracting the risk-free rate from the term forecasts because the uncertainties for public utilities and natural gas and 22 result produced by the DCF analysis.33 regarding the future were so great. oil pipelines since the 1980s, investors However, in Opinion No. 531, the use other financial models in addition 2. Expected Earnings Commission found that investor to the DCF model to evaluate uncertainty due to the type of changes 15. A comparable earnings analysis is investments. In a number of recent a method of calculating the earnings an anticipated in 2000 had diminished. proceedings, discussed further below, Accordingly, the Commission investor expects to receive on the book the Commission has considered certain value of a particular stock. The analysis concluded that the time had come to other financial models when apply the same DCF methodology in can be either backward looking using determining the just and reasonable the company’s historical earnings on public utility cases as it utilizes in ROE for public utilities. These other natural gas and oil pipeline cases.23 book value, as reflected on the financial models include the Capital company’s accounting statements, or Most importantly, the Commission Asset Pricing Model (CAPM), Expected found that including a long-term forward-looking using estimates of Earnings Model, and Risk Premium earnings on book value, as reflected in estimate of dividend growth in the method, which are described below. constant growth DCF model would analysts’ earnings forecasts for the 34 bring the public utility ROE approach company. The forward-looking 24 into full alignment with the underlying Incorporating a long-term growth estimate in approach is often referred to as an the DCF methodology is consistent with the ‘‘Expected Earnings’’ analysis. The underlying theory of the constant growth DCF 19 Opinion No. 414–A, 84 FERC at 61,423–24. model because returns on book equity that investors 20 Canadian Ass’n of Petroleum Producers v. from the standpoint of the DCF model that expect to receive from a group of FERC, 254 F.3d at 297. Since Opinion No. 414–A, extends into perpetuity, analysts’ horizons are too companies with risks comparable to the Commission has made no changes in its two- short, typically five years. It is often unrealistic for those of a particular utility are relevant step DCF methodology used for natural gas and oil such growth to continue in perpetuity. A transition pipelines, except to require that, if a master limited must occur between the first stage of growth to determining that utility’s cost of partnership (MLP) is included in the proxy group, forecast by analysts for the first five years and the equity, because those returns on book its long-term growth rate should be one-half the company’s long-term sustainable growth rate.... equity help investors determine the GDP growth estimate. Proxy Group Policy It is useful to remember that eventually all company Statement, 123 FERC ¶ 61,048 at P 106. The growth rates, especially utility services growth 27 Morin at 146–147. Commission explained that MLPs have less growth rates, converge to a level consistent with the growth 28 potential than corporations, because they generally rate of the aggregate economy. Id. at 150. 29 distribute to partners an amount in excess of their Roger A. Morin, New Regulatory Finance 308 Id. at 151. reported earnings. Id. P 12. (Public Utilities Reports, Inc. 2006) (Morin). 30 Id. at 155–162. 21 See Opinion No. 531, 147 FERC ¶ 61,234 at PP 25 See Opinion No. 531, 147 FERC ¶ 61,234 at P 31 Id. at 155–156. 24–31 (describing the one-step method). 40. 32 Id. at 159–160. 22 Opinion No. 445, 92 FERC at 61,261–62. 26 Ass’n of Businesses Advocating Tariff Equity v. 33 Id. at 150, 155. 23 Opinion No. 531, 147 FERC ¶ 61,234 at PP 35– Midcontinent Indep. Sys. Operator, Inc., 156 FERC 34 See Opinion No. 531–B, 150 FERC ¶ 61,165 at 36. ¶ 61,234 (2016). P 125.

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opportunity cost of investing in that alternative valuation methodologies unjust and unreasonable. The court particular utility instead of other (i.e., CAPM analysis, Expected Earnings explained that the zone of companies of comparable risk.35 analysis, and Risk Premium analysis), as reasonableness established by the DCF well as the ROEs allowed by state public 3. Risk Premium is not ‘‘coextensive’’ with the utility commissions, ‘‘to gain insight ‘‘statutory’’ zone of reasonableness 16. The Risk Premium methodology, into the potential impacts of these envisioned by the FPA.46 Accordingly, in which interest rates are a direct unusual capital market conditions on the court concluded that the fact that input, is ‘‘based on the simple idea that the appropriateness of using [the the New England Transmission Owners’ since investors in stocks take greater midpoint of the DCF zone of existing ROE fell within the zone of risk than investors in bonds, the former reasonableness].’’ 41 The Commission reasonableness produced by the DCF expect to earn a return on a stock concluded that the comparisons to the did not necessarily indicate that it was investment that reflects a ‘premium’ other valuation methodologies just and reasonable for the purposes of over and above the return they expect to supported setting the New England 47 36 the FPA. earn on a bond investment.’’ As the Transmission Owners’ ROE above the Commission found in Opinion No. 531, midpoint of the DCF zone of 21. Nevertheless, the court agreed investors’ required risk premiums reasonableness. After determining that with the New England Transmission expand with low interest rates and the just and reasonable base ROE should Owners that the Commission had not shrink at higher interest rates. The link be above the midpoint, the Commission adequately shown that their existing between interest rates and risk stated that it has traditionally used ROE was unjust and unreasonable. The premiums provides a helpful indicator measures of central tendency to court explained that the FPA’s statutory of how the interest rate environment determine an appropriate return in ROE ‘‘zone of reasonableness creates a broad affects investors’ required rates of cases. Moreover, in cases involving range of potentially lawful ROEs rather return. placement of the base ROE above the than a single just and reasonable ROE’’ 17. Multiple approaches have been central tendency of the zone of and that whether a particular ROE is advanced to determine the equity risk reasonableness, the Commission has unjust and unreasonable depends on the premium for a utility.37 For example, a used the central tendency of the top half ‘‘particular circumstances of the risk premium can be developed directly 48 of the zone.42 Accordingly, in both case.’’ Thus, the fact that the New by conducting a Risk Premium analysis Opinion Nos. 531 and 551, the England Transmission Owners’ existing for the company at issue, or indirectly Commission set the ROE at the ROE did not equal the just and by conducting a Risk Premium analysis midpoint of the upper half of the zone reasonable ROE that the Commission for the market as a whole and then of reasonableness (upper midpoint).43 In would have set using the current DCF adjusting that result to reflect the risk of analysis inputs did not necessarily the company at issue.38 Another Opinion No. 531, the upper midpoint of indicate that the New England approach for the utility context is to the 7.03 percent to 11.74 percent zone 44 Transmission Owners’ existing ROE fell ‘‘examin[e] the risk premiums implied of reasonableness was 10.57 percent. outside the statutory zone of in the returns on equity allowed by In Opinion No. 551, the upper midpoint of the 7.23 percent to 11.35 percent zone reasonableness.49 As such, the D.C. regulatory commissions for utilities over 45 some past period relative to the of reasonableness was 10.32 percent. Circuit concluded that Opinion No. 531 ‘‘failed to include an actual finding as contemporaneous level of the long-term D. The Emera Maine Decision U.S. Treasury bond yield.’’ 39 to the lawfulness of [the New England] 19. Various parties sought review of Transmission Owners’ existing base C. Opinion Nos. 531 and 551 and Opinion No. 531 in the D.C. Circuit. The ROE’’ and that its conclusion that their Anomalous Market Conditions New England Transmission Owners existing ROE was unjust and 18. Since the financial crisis of 2008– argued that the Commission failed to unreasonable was itself arbitrary and 2009, the Commission has grappled demonstrate that their existing 11.14 capricious.50 base ROE was unjust and unreasonable. with whether the DCF model continues 22. The court also agreed with the The customer representatives argued to produce ROEs for public utilities customer representatives that the that the Commission had failed to show consistent with the Hope and Bluefield Commission failed to adequately 40 that the new 10.57 base ROE was just capital attraction standards. In both demonstrate that the new base ROE it and reasonable. In Emera Maine, the Opinion Nos. 531 and 551, the established was just and reasonable. The D.C. Circuit agreed with both the New Commission concluded that the capital Court did not express concerns England Transmission Owners and market conditions prevailing after the regarding the Commission’s decision to customer representatives and vacated financial crisis—in particular, the low ‘‘abandon its traditional use of the and remanded Opinion No. 531 et seq. yields on bonds, including U.S. midpoint of the zone of reasonableness 20. As an initial matter, the court Treasury bonds—rendered the in setting [the New England] Commission less confident that a rejected the New England Transmission Owners’ argument that an ROE within Transmission Owners’ base ROE’’ based mechanical application of the midpoint on the anomalous capital market of the DCF-produced zone of the DCF-produced zone of conditions and its resulting evaluation reasonableness would provide a risk- reasonableness could not be deemed of alternative methodologies for appropriate ROE, as required by Hope and Bluefield. The Commission 41 Opinion No. 531, 147 FERC ¶ 61,234 at P 145. 46 therefore considered a series of 42 Id. PP 151–152; Opinion No. 551, 156 FERC Emera Maine, 854 F.3d at 22–23. ¶ 61,234 at PP 275–276. 47 Id. at 23. 43 The Commission sets the ROE for a group of 48 Id. at 23, 26. 35 Id. P 128. utilities at the midpoint or upper midpoint of the 49 Id. at 27 (‘‘To satisfy its dual burden under 36 Opinion No. 531, 147 FERC ¶ 61,234 at P 147 zone of reasonableness, but the ROE for a single section 206, FERC was required to do more than (citing Morin at 108). entity at the median or upper median. See S. show that its single ROE analysis generated a new 37 See generally Morin at 107–130. California Edison Co. v. FERC, 717 F.3d 177, 181– just and reasonable ROE and conclusively declare 38 Id. at 110. 182 (D.C. Cir. 2013). that, consequently, the existing ROE was per se 39 Id. at 123. 44 Opinion No. 531, 147 FERC ¶ 61,234 at P 142. unjust and unreasonable.’’). 40 Hope, 320 U.S. 591; Bluefield, 262 U.S. 679. 45 Opinion No. 551, 156 FERC ¶ 61,234 at P 67. 50 Id.

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calculating the cost of equity.51 The reflect how investors make their reasonable ROE. Although the court stated that ‘‘the alternative investment decisions.54 Commission requested briefing on some benchmarks and additional record 25. Specifically, the Commission of the issues below in the Coakley and evidence may have shown that some proposed to rely on three financial MISO Briefing Orders, this proceeding upward adjustment was warranted.’’ 52 models that produce zones of will provide all interested stakeholders 23. Nevertheless, the court concluded reasonableness—the DCF model, CAPM with the opportunity to comment on the that the Commission failed to point to model, and Expected Earnings model— Commission’s ROE policy in light of the evidence in the record supporting the to establish a composite zone of decision in Emera Maine. conclusion that its solution to the reasonableness. The zone of 29. The Commission seeks comments anomalous capital market conditions— reasonableness produced by each model on eight general topics as part of this i.e., setting the base ROE at the upper would be given equal weight and inquiry: (A) The role of the midpoint rather than at the midpoint— averaged to determine the composite Commission’s base ROE in investment was just and reasonable. The court zone of reasonableness. The decision-making and what objectives explained that the Commission Commission explained that the Risk should guide the Commission’s expressly did not rely on the alternative Premium model produces a single approach; (B) whether uniform methodologies to support its numerical point rather than a range; application of our base ROE policy determination that a 10.57 percent base therefore, it cannot be used with the across the electric, interstate natural gas ROE was just and reasonable. The court other three financial models in pipeline and oil pipeline industries is also observed that the Commission’s establishing a composite zone of appropriate and advisable; (C) explanation that it had previously set reasonableness.55 The Commission performance of the DCF model, (D) the just and reasonable base ROE at a proposed a framework for using that proxy groups; (E) financial model measure of central tendency for the composite zone of reasonableness in choice; (F) mismatch between market- upper part of the DCF-produced zone of evaluating whether an existing base based ROE determinations and book- reasonableness was inapt because, in ROE remains just and reasonable.56 value rate base; (G) how the those cases, the Commission had first 26. For purposes of establishing a new Commission determines whether an determined that those utilities were not just and reasonable base ROE when the existing ROE is unjust and unreasonable of average risk, whereas the Commission existing base ROE has been shown to be under the first prong of the FPA section found that the New England unjust and unreasonable, the 206; and (H) model mechanics and Transmission Owners were of average Commission proposed relying on four implementation. 30. In the following sections, we risk. The court therefore remanded the financial models—the DCF model, outline these eight topics and enumerate proceeding so that the Commission CAPM model, Expected Earnings model, questions that commenters may could further explain why the base ROE and Risk Premium model—to produce consider in addressing each topic. it selected is just and reasonable. four separate base ROE estimates that would then be averaged to produce a Commenters need not address every E. Post-Emera Maine Proceedings specific just and reasonable base ROE. topic or answer every question enumerated below. 24. Following the decision in Emera 27. The Commission established a Maine, the Commission issued two paper hearing in the Coakley and MISO A. Role and Objectives of the orders proposing a methodology for complaint proceedings 57 and directed Commission’s Base ROE Policy addressing the issues that were the participants in those proceedings to 31. The Commission seeks comment remanded to the Commission in Emera submit briefs regarding this proposed on the role of base ROE in investment Maine and establishing a paper hearing new approach and how to apply it to 58 decision-making and what objectives on whether and how this methodology those proceedings. should guide the Commission’s should apply to the four complaint II. Request for Comments approach to our base ROE policy apart proceedings concerning both the New from the basic Hope/Bluefield standard. 28. As part of ensuring that the England and MISO transmission A1. To what extent would the ROE 53 Commission continues to meet our owners’ ROE. In those orders, the methodology described in the Coakley statutory obligations, the Commission, Commission proposed to change its and MISO Briefing Orders impact the on occasion, engages in public inquiry approach to determining base ROE by predictability of ROE determinations to gauge whether there is a need to add giving equal weight to four financial and the costs for market participants of to, modify, or eliminate certain policies models instead of primarily relying on making or intervening in such or regulatory requirements. In this the DCF methodology. The Commission proceedings? stated that evidence indicates that proceeding, the Commission seeks A2. How would using the ROE investors do not rely on any one model comments on potential modifications to methodology described in the Coakley to the exclusion of others. Therefore, our approach to determining a just and and MISO Briefing Orders affect an relying on multiple financial models investor’s ability to forecast the ROE the makes it more likely that the 54 Coakley Briefing Order, 165 FERC ¶ 61,030 at P 34; MISO Briefing Order, 165 FERC ¶ 61,118 at Commission would establish in a Commission’s decision will accurately P 36. litigated proceeding and the ability of 55 Coakley Briefing Order, 165 FERC ¶ 61,030 at participants to propose, contest, and 51 Id. at 27; see also id. at 30 (‘‘[W]hile the P 36; MISO Briefing Order, 165 FERC ¶ 61,118 at settle base ROEs as compared to using evidence in this case may have supported an P 38. only the DCF methodology? upward adjustment from the midpoint of the zone 56 Coakley Briefing Order, 165 FERC ¶ 61,030 at of reasonableness, FERC failed to provide any P 36; MISO Briefing Order, 165 FERC ¶ 61,118 at A3. Currently, public utilities in reasoned basis for selecting 10.57 percent as the P 38. different Independent System Operators new base ROE.’’). 57 Coakley Briefing Order, 165 FERC ¶ 61,030 at (ISOs) or RTOs may receive different 52 Id. at 30 (quotation marks omitted). P 31; MISO Briefing Order, 165 FERC ¶ 61,118 at ROEs, despite all using national proxy 53 See Martha Coakley v. Bangor Hydro-Elec. Co., P 20. groups, due primarily to differences in 165 FERC ¶ 61,030 (2018) (Coakley Briefing Order); 58 Coakley Briefing Order, 165 FERC ¶ 61,030 at Ass’n of Businesses Advocating Tariff Equity v. P 31; MISO Briefing Order, 165 FERC ¶ 61,118 at when FPA section 205 or 206 Midcontinent Indep. Sys. Operator, Inc., 165 FERC P 20; see also Arkansas Pub. Serv. Comm’n, 165 proceedings were initiated. Are such ¶ 61,118 (2018) (MISO Briefing Order). FERC ¶ 61,119 (2018). variations justified, and, if not, should

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the Commission consider applying the other would justify using different placement within the zone of same ROE to all utilities in RTOs/ISOs methodologies to determine their reasonableness? based on the most recent proceeding? ROEs? 59 D2.a. Should the Commission’s A4. Should the ROE reflect the cost of approach to proxy group selection C. Performance of the DCF Model capital at the time of the investment or change depending on which financial be subject to adjustment to reflect the 33. The Commission seeks comment models it considers when determining contemporary ROE required by on the robustness of the DCF model over the just and reasonable ROE and, if so, investors? time and under differing investment how? A4.a. Should the Commission conditions. D3. Should the Commission consider consider a ‘‘vintage approach,’’ with C1. The DCF model assumes stock non-energy companies when selecting ROE fixed for the life of the asset at the prices are equal to the present value of proxy groups? time that each asset was completed? projected future cash flows. Is there D3.a. What non-energy industries or A4.b. Would such a ‘‘vintage evidence of situations when these securities have comparable risk to approach’’ need to be coupled with an assumptions are inaccurate? public utilities and natural gas and oil annual national default ROE for C2. Have current and projected proxy pipelines, if any? investments made in that year, so as to company earnings over the last 10 to 20 D3.b. Do certain non-energy minimize the need for numerous annual years increased in a manner that would industries or securities feature fewer litigated ROE proceedings for each justify any increases in their stock outliers? public utility that made an investment prices over the same period, consistent D4. What, if any, are appropriate high- during that year? What procedure with DCF model assumptions? and low-end outlier tests? should be used to determine such a C3. How does the DCF methodology D4.a. The Commission currently default ROE? perform over a wide range of interest excludes from the proxy group rate conditions? B. ROEs for Different Commission- companies whose ROE fails to exceed C3.a. What specific assumptions of Regulated Industries the average 10-year bond yield by the DCF model, if any, do not work well approximately 100 basis points. Should 32. The Commission seeks comment in low or high interest rate the low-end outlier test continue to be on whether to apply a single ROE policy environments? based on a fixed value relative to the across electric, interstate natural gas and C3.b. Is there evidence that the costs of debt or (a) should it be based oil pipeline industries. volatility of price-to-earnings ratios over on its value relative to the median (i.e., B1. In Opinion No. 531, the the last 10 to 20 years, assumed to be less than 50 percent of the median); or Commission found that the same DCF constant in the DCF methodology, has (b) still reflect the cost of debt but vary methodology should be used to been driven by the wide swings in based on interest rates? determine an ROE for all its regulated interest rates over this period? If so, D4.b. How, if at all, should the industries, including public utilities, as would the constant P/E assumption Commission’s approach to outliers vary well as gas and oil pipelines. If the impact the award of reasonable ROEs? Commission departs from our sole use among different financial models? of a two-step DCF methodology for D. Proxy Groups D5. How, if at all, does the public utilities, should the new method 34. The Commission seeks comment Commission’s use of credit ratings in or methods also be used to determine on the appropriate guidelines for proxy ROE determinations incentivize public natural gas and oil pipeline ROEs? group composition, elimination of utilities to behave in certain ways, such B2. The Risk Premium methodology outliers, and placement of base ROE as issuing more debt, and does this approved in Opinion Nos. 531 and 551 within a zone of reasonableness. affect public utilities’ credit ratings? relied to a large extent on ROEs set forth D1. Should proxy groups for electric D6. What would be the impact of the in numerous settlements involving utilities, as well as natural gas and oil Commission modifying the credit rating public utility formula rates approved by pipelines, consist only of companies screen to include all investment-grade the Commission over the preceding 15 with corresponding regulated utilities in the proxy group? or 20 years. Natural gas and oil businesses? D7. To what extent do credit ratings pipelines have stated rates and D1.a. For companies with a correspond to the ROE required by settlements of their rate cases are combination of regulated and investors? typically ‘‘black box’’ settlements that unregulated businesses, should a D8. The Commission excludes from do not specify an agreed-upon ROE. company be required to derive a certain the proxy group companies with merger How could the Risk Premium percentage of its revenues from the activity during the six-month study methodology be implemented in natural applicable regulated business in order period that is significant enough to gas or oil pipeline rate cases where there for that company to be included in the distort study inputs. Should the is no history of ROE settlements from proxy group that is used to determine an Commission continue using our existing which to develop a risk premium study ROE for a company in that regulated merger screen? of the type used in Opinion Nos. 531 business? D8.a. If so, should the Commission and 551? D1.b. Are the corresponding proxy revise its standards for what conduct B3. Given the tendency of the groups sufficiently large given the constitutes merger and acquisition Expected Earnings methodology to continued consolidation in the activity? produce more high-end outliers than the industries? D9. What circumstances or factors, if other methodologies, would there be a D2. Should risk be considered both in any, warrant an adjustment from the sufficient number of natural gas and oil the proxy group selection and in the midpoint/median to other points within pipeline proxy members to implement the zone of reasonableness (e.g., lower the Expected Earnings methodology for 59 See Trailblazer Pipeline Co. LLC, 166 FERC or upper midpoint/median)? gas and oil pipelines? ¶ 61,141, at P 48 (2019) (setting for hearing the issue D10. The Commission currently uses of whether it would be appropriate to apply B4. What, if any, differences between alternatives to the DCF for natural gas pipelines and midpoints to determine the central public utilities on the one hand and whether appropriate data that would support those tendency of the zone of reasonableness natural gas and oil pipelines on the alternatives are available). when determining RTO-wide ROEs.

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Should the Commission adopt a policy E9.a. How and why do state ROEs independent assessment of the of using medians for this purpose? vary by state? appropriate ROE? 60 D10.a. Would the use of multiple ROE E9.b. How are certain state ROEs more G. First Prong of ROE Determination methodologies, as proposed in the or less comparable to Commission 37. In the Coakley and MISO Briefing Coakley Briefing Order, undercut the ROEs? Commission’s current rationale for Orders, the Commission proposed that, using the midpoint in RTO-wide base E10. If the Commission considers in order to find an existing ROE unjust ROE? state ROEs, how should it compare and unreasonable under the first prong D10.b. Should the size of the proxy FERC-jurisdictional transmission ROEs of FPA section 206, the ROE must be group be considered in this decision? with state ROEs that apply to utilities outside a range of presumptively just D11. Can the Commission continue to that are (a) distribution and and reasonable ROEs for a utility of its construct proxy groups of sufficient size transmission companies; or (b) risk profile, absent additional evidence for natural gas and oil pipeline distribution, generation, and to the contrary. For average risk utilities, companies using the DCF methodology, transmission companies? the range of presumptively just and or in general for the alternative E11. To what extent, if any, should reasonable ROEs would be the quartile methodologies, particularly considering the Commission exercise judgment in of the zone of reasonableness centered the increased amount of merger and using financial models to set ROEs on the central tendency of the overall acquisition activity involving master under various capital market zone of reasonableness. For below or limited partnerships (MLPs) and the conditions? above average risk utilities, that range multiple recent conversions of MLPs to would be the quartile of the zone of C-corporations? F. Mismatch Between Market-Based reasonableness centered on the central ROE Determinations and Book-Value tendency of the lower or upper half of E. Financial Model Choice Rate Base the zone of reasonableness, respectively. 35. In addition to the DCF model, the The Commission seeks comment on Commission seeks comment on other 36. The DCF and CAPM models how the Commission determines financial models that investors use to determine a percentage ROE based on whether an existing ROE is unjust and evaluate utility equities, the strengths market prices of the proxy companies. unreasonable under the first prong of and weaknesses of each of those models, That percentage ROE is then applied to FPA section 206 and whether the and whether the Commission should the book value of the rate base to quartile approach that the Commission weigh certain financial models over calculate the monetary ROE included in proposed in the Coakley and MISO other models based on their respective a utility’s cost of service. For the last Briefing Orders is reasonable. characteristics. three decades, the market-to-book ratios G1. How should the Commission E1. What models do investors use to of the companies that the Commission determine if existing ROEs are just and evaluate utility equities? uses in proxy groups have generally reasonable? E2. What role do current capital been substantially in excess of one. The G2. Is the quartile approach that the market conditions play in the choice of Commission seeks comment on the Commission proposed in the Coakley model used by investors to evaluate mismatch between market-based ROE and MISO Briefing Orders appropriate? utility equities? determinations and book-value rate base If not, how should the Commission E2.a. If capital market conditions and whether this mismatch is a revise this methodology? factor into the choice of model, how do problem, and how the Commission G3. When a successive complaint is investors determine and evaluate those should address this issue. filed while the current ROE is being conditions? F1. Does the mismatch between adjudicated (i.e., a pancake complaint), E3. Are any models thought to be market-based ROE determinations and a should the subsequent complainant be superior or inferior to others? If so, book value rate base support current required to make a prima facie showing why? market values? Is this mismatch a of sufficient change in market E4. How are alternative models problem? conditions to meet the Coakley and redundant or complementary with each MISO Briefing Order’s proposed F2. Why have most or all utility other and/or the DCF model? determination of whether an existing market-to-book ratios consistently E5. To what extent do alternative ROE remains just and reasonable? If so, exceeded one? models avoid any deficiencies of the what type of information or showing DCF model and/or operate better in F3. How should the ROE level be set should the complainant provide to diverse capital market conditions? relative to the cost of equity? demonstrate that market conditions E6. To the extent that investors use F4. Should the Commission revise our have changed, and what standard multiple models, should the use of these models to account for the should the Commission apply when Commission combine them in its mismatch between market-based ROE assessing whether to deny the analysis or use the ‘‘best’’ one that determinations and book-value rate subsequent complaint without setting it would apply in all market conditions? base? If so, how? For example, should for hearing? E7. If the Commission were to the Commission adjust the dividend G4. In single utility rate cases, the consider multiple models, how should yield used in the DCF model to Commission determines the central it weigh them? represent a yield on book value rather tendency of the zone of reasonableness E8. To what extent is it reasonable for than a yield on stock price? based on the median of the proxy group the Commission to use a simplified ROEs. Is the approach outlined in the version of a model that does not reflect F5. Should the Commission consider Coakley and MISO briefing orders all the variables that investors consider? adjusting ROEs to account for market-to- appropriate in single utility rate cases E8.a. Is the use of a simplified model book ratios above or below one? Would given that the proxy company ROEs justified for ease of administration and doing so introduce circularity into tend to cluster near the center of the predictability of result? Commission ROEs by setting the ROE at E9. How, if at all, should the whatever level of earnings the market 60 See Orange & Rockland Utilities, Inc., 44 FERC Commission consider state ROEs? expected, rather than making an ¶ 61,253, at 61,952 (1998).

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zone of reasonableness, making the 2. Model-Specific Questions c. Expected Earnings middle quartile relatively narrow? a. DCF H.2.c.1. Should the use of utilities in G4.a. Would it be reasonable to the proxy group for the Expected determine the central tendencies of the H.2.a.1. Should the Commission Earnings model be predicated on the upper and lower halves of the zone of continue to use a dividend DCF model Expected Earnings analysis being reasonableness for single utilities based or should the Commission use a forward-looking? on a midpoint analysis, so as to produce different DCF model, for example, one H.2.c.2. What, if any, concerns approximately equal ranges of based on free cash flow? regarding circularity are there with presumptively just and reasonable ROEs H.2.a.2. Could terminal stock value be using the Expected Earnings analysis to for below average, average, and above used in place of long-term growth determine the base ROE, as opposed to average risk utilities? projections? If so, how should terminal using the analysis for corroborative stock value be determined? H. Model Mechanics and purposes? Implementation H.2.a.3. Do investment analysts H.2.c.2.i. If there are circularity project earnings/dividends growth concerns, are there ways to mitigate 38. The Commission seeks comment beyond five years, and if not, why not, these concerns for the Expected on the mechanics and implementation and is GDP an appropriate proxy for Earnings analysis? If these concerns of the DCF, CAPM, Expected Earnings, long-term growth? exist, are these concerns more and Risk Premium models. Specifically, H.2.a.4. How should the Commission significant than those surrounding the the Commission seeks comment on weight short-term and long-term DCF methodology, which effectively general issues that affect multiple earnings/dividend growth projections? separates Expected Earnings and ROE models, such as the underlying data that H.2.a.5. The Commission uses a into its dividend yield and growth rate the models rely on, and also seeks constant growth DCF model. Should the subcomponents? comment on the mechanics specific to Commission consider using a multi- d. Risk Premium each of the four respective models. stage DCF model? If so, how would the H.2.d.1. Should the analysis be 1. General Issues/Issues That Affect Commission determine the length of historical or forward-looking? Multiple Models each stage of a proxy company’s growth? H.2.d.2. Is a Risk Premium analysis H.1.1. Are IBES data a good proxy for compatible with a finding of anomalous H.2.a.6. Are six months of average ‘‘investor consensus?’’ capital market conditions? Why or why high/low historical monthly stock prices H.1.1.a. If not, are there better not? an appropriate measure for the current H.2.d.3. Unlike the financial models alternatives, such as Bloomberg, Zacks, stock price ‘‘P’’? S&P Capital, Morningstar, and Value discussed above, the Risk Premium Line? b. CAPM analysis produces a single ROE rather than a zone of reasonableness. Does this H.1.1.b. Should the Commission H.2.b.1. If the market risk premium is characteristic require the Commission to combine data from multiple sources? determined by applying the DCF use the Risk Premium model differently H1.1.c. What weight, if any, should be methodology to a representative market than the other models? given to an estimate if the number and index, should a long-term growth rate be H.2.d.3.i. Is there a method by which identity of analysts contributing to the used, as in the Commission’s two-step the Risk Premium ROE could be estimate is not available? DCF methodology? adjusted upward for an above average H.1.2. To what extent does model risk H.2.b.2. Beta is a measure of a utility or downward for a below average affect all ROE methodologies? security’s risk relative to the broader risk utility? If not, is it reasonable to H.1.3. The DCF model incorporates market, such as the S&P 500, not of its consider the results of a Risk Premium data at the parent/holding company absolute risk. Do CAPM’s assumptions analysis when determining the ROE of level (e.g., stock price). The Commission break down if both utility stocks and the an above or below average risk utility? adjudicates cases at the operating broader market become riskier over time H.2.d.3.ii. Is it appropriate to use a company level, for which there is no on an absolute basis, but the relative Risk Premium analysis when public data like stock prices, growth increase in risk in utility stocks rises conducting the first prong of the section rates, and betas. What impact does this more slowly? 206 evaluation? H.2.b.3. What are appropriate data disparity have on the results of the DCF III. Comment Procedures and other models? sources for the beta value? H.1.4. Should the Commission H.2.b.4. Should the Commission 39. The Commission invites interested continue to rely on the efficient market employ more sophisticated versions of persons to submit comments on the hypothesis, which underlies the DCF the CAPM model that consider more matters and issues proposed in this and CAPM models? Why or why not? variables instead of only beta, such as notice, including any related matters or the Fama-French Model? 61 alternative proposals that commenters H.1.4.a. If yes, should the Commission may wish to discuss. Comments are due continue to employ outlier screens, 61 The Fama and French Model is an asset pricing June 26, 2019, and Reply Comments are M&A screens, etc., for the DCF and due July 26, 2019. Comments must refer CAPM models since these models need model that takes into consideration that value and small-cap stocks outperform markets on a regular to Docket No. PL19–4–000, and must to incorporate all relevant information? basis. The model initially considered two factors in include the commenter’s name, the H.1.5. Should growth rates be based addition to the CAPM model: The size risk and value risk factors to the market risk factor in CAPM. organization they represent, if on Value Line, IBES, or alternative Later in 2015, two additional factors were added: applicable, and their address. estimates? Profitability and investment. See generally Eugene 40. The Commission encourages H.1.6. Should the same growth rate F. Fama, et al. ‘‘Common risk factors in the returns comments to be filed electronically via on stocks and bonds,’’ Journal of Financial sources be used across models, if more Economics (1993); Eugene F. Fama, et al. ‘‘A Five- the eFiling link on the Commission’s than one model is used to determine the Factor Asset Pricing Model,’’ Journal of Financial website at http://www.ferc.gov. The ROE? Economics (2015). Commission accepts most standard

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word-processing formats. Documents DEPARTMENT OF ENERGY from Ace-Federal Reporters, Inc. at (202) created electronically using word- 347–3700. processing software should be filed in Federal Energy Regulatory Commission conferences are native applications or print-to-PDF Commission accessible under section 508 of the format and not in a scanned format. Rehabilitation Act of 1973. For Commenters filing electronically do not [Docket No. AD19–12–000] accessibility accommodations, please need to make a paper filing. send an email to [email protected] Security Investments for Energy or call toll free 1 (866) 208–3372 (voice) 41. Commenters that are not able to Infrastructure Technical Conference; or (202) 502–8659 (TTY), or send a fax file comments electronically must send Supplemental Notice of Technical to (202) 208–2106 with the required an original of their comments to: Conference accommodations. Federal Energy Regulatory Commission, Take notice that the Federal Energy For more information about this Secretary of the Commission, 888 First Regulatory Commission (Commission) technical conference, please contact Street NE, Washington, DC 20426. and the United States Department of Carolyn Templeton by phone at (202) 42. All comments will be placed in Energy (DOE) will co-host a Security 502–8785 or by email at the Commission’s public files and may Investments for Energy Infrastructure [email protected]. For be viewed, printed, or downloaded Technical Conference (conference) on information related to logistics, please remotely as described in the Document Thursday, March 28, 2019, from 10:00 contact Sarah McKinley at (202) 502– Availability section below. Commenters a.m. to 4:00 p.m. This Commissioner- 8368 or by email at sarah.mckinley@ ferc.gov. on this proposal are not required to and DOE senior official-led conference serve copies of their comments on other will be held in the Commission Meeting Dated: March 21, 2019. commenters. Room at the Federal Energy Regulatory Nathaniel J. Davis, Sr., Commission, 888 First Street NE, Deputy Secretary. IV. Document Availability Washington, DC 20426. The purpose of the conference is to discuss current FERC/DOE Security Investments for 43. In addition to publishing the full cyber and physical security practices Energy Infrastructure Technical text of this document in the Federal used to protect energy infrastructure Conference Register, the Commission provides all and will explore how federal and state Docket No. AD19–12–000 interested persons an opportunity to authorities can provide incentives and Thursday, March 28, 2019—10:00 a.m.– view and/or print the contents of this cost recovery for security investments in 4:00 p.m. document via the internet through the energy infrastructure, particularly the Commission’s Home Page (http:// electric and natural gas sectors. The Commission has a well- www.ferc.gov) and in the Commission’s Attached is the final agenda for this developed set of mandatory and Public Reference Room during normal event with the confirmed list of enforceable reliability standards that set business hours (8:30 a.m. to 5:00 p.m. panelists. baseline protections for both cyber and eastern time) at 888 First Street NE, The conference will be open and free physical security of the bulk electric Room 2A, Washington, DC 20426. to the public; however, interested system. Moreover, the Commission has 44. From the Commission’s Home attendees are encouraged to preregister well established policies that allow for Page on the internet, this information is online at: https://www.ferc.gov/whats- the opportunity to recover prudently incurred costs to comply with those available on eLibrary. The full text of new/registration/03-28-19-form.asp. In- mandatory reliability standards. This this document is available on eLibrary person attendees should allow ample time to pass through building security technical conference is aimed at better in PDF and Microsoft Word format for understanding (1) the need for security viewing, printing, and/or downloading. procedures before the 10:00 a.m. start time of the conference. investments that go beyond those To access this document in eLibrary, The Commission intends to solicit measures already required by type the docket number excluding the post-technical conference comments mandatory reliability standards, last three digits of this document in the and will issue a public notice with including in infrastructure not subject to docket number field. further directions following the those standards (e.g., natural gas 45. User assistance is available for conclusion of the conference. pipelines); (2) how the costs of such eLibrary and the Commission’s website Information regarding the conference investments are or could be recovered; during normal business hours from the will be posted on the Calendar of Events and (3) whether additional incentives Commission’s Online Support at (202) on the Commission’s website, http:// for making such investments are 502–6652 (toll free at 1–866–208–3676) www.ferc.gov, prior to the event. The needed, and if so, how those incentives or email at [email protected], conference will also be webcast and should be designed. or the Public Reference Room at (202) transcribed. Anyone with internet 10:00 a.m. Opening Remarks and 502–8371, TTY (202) 502–8659. Email access who desires to listen to this event Introductions the Public Reference Room at can do so by navigating to the Calendar 10:30 a.m. Panel I: Cyber and Physical [email protected]. of Events at http://www.ferc.gov and Security, Best Practices, and Industry locating this event in the Calendar. The and Government Engagement By direction of the Commission. event will contain a link to the webcast. Objectives: This panel will discuss Issued: March 21, 2019. The Capitol Connection provides types of cyber and physical security Nathaniel J. Davis, Sr., technical support for webcasts and threats to energy infrastructure, Deputy Secretary. offers the option of listening to the particularly electric transmission, [FR Doc. 2019–05893 Filed 3–27–19; 8:45 am] meeting via phone-bridge for a fee. If generation, and natural gas pipelines. In you have any questions, visit http:// addition, the panel will explore best BILLING CODE 6717–01–P www.CapitolConnection.org or call (703) practices for cyber and physical security 993–3100. Transcripts of the technical mitigation beyond those measures conference will be available for a fee already required by mandatory

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reliability standards and industry and 10. How does industry mitigate key and prioritize action based on state government engagement needed to vulnerabilities to address disruptions priorities? address these matters. Panelists will be from a cyber or physical attack or an 2. Are current cost recovery policies asked to address the following: extreme natural event (e.g., geomagnetic of the federal and state governments Threats to Energy Infrastructure: disturbance)? How should spare affecting the ability of owners and 1. What cyber and physical security equipment, sharing programs, contractor operators of energy infrastructure to threats are most concerning for the and mutual assistance programs, and invest in cyber and physical security for energy industry? What critical factors other processes be considered in this energy infrastructure? Do federal should industry consider when addressing disruptions? What role and state policies complement or evaluating the risk these threats present should the federal government play in conflict with each other? Are these and prioritizing risk-mitigating security helping industry prevent and respond to policies helping or hindering security initiatives to address these threats? disruptions? What preparations should investments? 2. Does industry have adequate be made by industry to assure adequate 3. Do cost recovery policies at the resources to evaluate sophisticated response and recovery efforts? state and federal level facilitate the threats such as whether adversaries Panelists: adoption of best practices for threat have established access to their • William R. Evanina; Director, Office mitigation at energy infrastructures? Do networks, whether insider threats exist, of the Director of National they allow for cost recovery for or whether supply chain equipment or Intelligence, National investment to address mitigation of new subcomponents are compromised? Counterintelligence and Security and emerging threats (e.g., intentional 3. How are interdependencies among Center electromagnetic interference and energy infrastructure sectors considered • Robert Kolasky; Director, electromagnetic pulse)? in risk management analyses? Department of Homeland Security, 4. Is FERC’s September 14, 2001 4. What are some of the challenges Cybersecurity and Infrastructure Statement of Policy on Extraordinary (e.g., staffing or technology), that Security Agency, National Risk Expenditures Necessary to Safeguard industry faces, in order to keep current 1 Management Center National Energy Supplies still helpful with the threats? • Charles P. Kosak; Deputy Assistant to facilitate investment that supports 5. What other current or emerging physical and cyber security of energy threats should be addressed? For Secretary, Department of Defense, Defense Continuity and Mission infrastructure, or are any revisions to example, what are some of the types of the Policy Statement needed to facilitate physical and cyber security threats that Assurance • Sonya T. Proctor; Assistant such investment? Unmanned Aircraft Systems (i.e., Administrator of Surface 5. For competitive generators that do drones) can present? What experience Operations Department of not recover their costs through retail has industry had with commercially- Homeland Security, Transportation rates, are there mechanisms under available products used to address these Security Administration, Security which they may recover costs for issues? physical or cybersecurity investments Mitigation: Strategies and Best Operations • Nicholas K. Akins; President and other than through their market-based Practices: rates? 6. What are some of the best practices CEO, American Electric Power • Mark A. Gabriel; Administrator and 6. If federal standards, guidelines, or that industry uses to ensure effective authorities indicate that an energy action against cyber and physical CEO, Western Area Power Administration facility is high-risk or critical (i.e., security threats? Are adequate tools • designation as Defense Critical Electric available for industry to assess where to James B. Robb; President and CEO, North American Electric Reliability Infrastructure under Section 215A of the apply best practices (e.g., risk Federal Power Act), how would such management analyses) for cyber and Corporation • Thomas J. Galloway; President and designations be considered as a physical security threats? Do these company prioritizes security analyses differ between cyber and CEO, North American Transmission Forum investments? How would such a physical security threats? • designation be considered by state 7. How does industry validate the Donald F. Santa; President and regulators when reviewing cost recovery effectiveness of, and maintain its CEO, Interstate Natural Gas filings for measures taken above and mitigation techniques/measures (e.g., Association of America beyond compliance with mandatory red teaming, manufacturers 12:30 p.m. Lunch Break 1:45 p.m. Panel II: Incentives and Cost reliability standards? recommendations) for, both physical 7. What factors should the states be and cyber protection? What are the Recovery for Security Investments Objectives: This panel will explore aware of when reviewing cost recovery processes to confirm the results are filings for cyber and physical security addressed? Are these lessons shared how federal and state authorities can provide incentives and cost recovery for investments? Can these factors be with others in the industry? included on an industry-wide or multi- 8. What resources are available to security investments in energy state level? assist industry in evaluating risk to infrastructure, particularly electric 8. Certain events could require energy infrastructure and implementing transmission, generation, and natural significant unbudgeted resources to mitigation measures, especially for gas pipeline infrastructure. Panelists respond effectively. How should these small to medium size owners and will be asked to address the following: costs be considered by federal and state operators? Cost Recovery: authorities for cost recovery? 9. What training opportunities are 1. What role do states currently play Financial Incentives: available to owners and operators to in requiring and/or facilitating energy 9. What type of incentives would be understand the various risks to their infrastructure security investments? Do most effective to facilitate investment in energy infrastructure and the measures states require industry to have plans and programs to prevent and recover from taken to mitigate against physical and 1 Extraordinary Expenditures Necessary to cyber threats? What training is cyber and physical attacks? Is industry Safeguard National Energy Supplies, 96 FERC necessary and not available? subject to requirements to assess risk ¶ 61,299 (2001) (Policy Statement).

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cyber and physical security? How could Any person desiring to intervene or to EPA Strategic Plan Information on costs for these incentives be recovered? protest this filing must file in Source Water Protection (EPA ICR 10. How could the Commission use its accordance with Rules 211 and 214 of Number 1816.07, OMB Control Number authority under Section 219 of the the Commission’s Rules of Practice and 2040–0197) to the Office of Management Federal Power Act to establish Procedure (18 CFR 385.211, 385.214). and Budget (OMB) for review and incentives for improved cyber and Protests will be considered by the approval in accordance with the physical security? Are there other Commission in determining the Paperwork Reduction Act. This is a ratemaking or accounting changes that appropriate action to be taken, but will proposed renewal of the ICR, which is would help incent investments in cyber not serve to make protestants parties to currently approved through March 31, and physical security? the proceeding. Any person wishing to 2019. Public comments were previously 11. Are there any grants or other cost become a party must file a notice of requested via the Federal Register on recovery mechanisms available for intervention or motion to intervene, as November 9, 2018 during a 60-day industry to assist with security appropriate. Such notices, motions, or comment period. This notice allows for investments at their facilities? protests must be filed on or before the an additional 30 days for public 12. What changes could federal and comment date. On or before the comments. A fuller description of the state authorities make to current comment date, it is not necessary to ICR is given below, including its policies to better incent the adoption of serve motions to intervene or protests estimated burden and cost to the public. best practices for cyber and physical on persons other than the Applicant. An agency may not conduct or sponsor security at energy infrastructure The Commission encourages and a person is not required to respond facilities? electronic submission of protests and to a collection of information unless it 13. How should state and federal interventions in lieu of paper using the displays a currently valid OMB control authorities prioritize incentives for ‘‘eFiling’’ link at http://www.ferc.gov. number. various security investments? How Persons unable to file electronically DATES: Additional comments may be should such incentives balance the need should submit an original and 5 copies submitted on or before April 29, 2019. for improved security with the rate of the protest or intervention to the ADDRESSES: Submit your comments, impact on consumers? Federal Energy Regulatory Commission, referencing Docket ID Number EPA– Panelists: 888 First Street NE, Washington, DC HQ–OW–2004–0013, to (1) EPA online • Christopher M. Crane; President 20426. using www.regulations.gov (our and CEO, Exelon Corporation This filing is accessible on-line at preferred method), by email to the OW • Nicholas A. Brown; President and http://www.ferc.gov, using the Docket at [email protected], or by CEO, Southwest Power Pool, Inc. ‘‘eLibrary’’ link and is available for mail to: the OW Docket, EPA Docket • Jay Scott Emler; Commissioner, review in the Commission’s Public Center, Environmental Protection Kansas Corporation Commission Reference Room in Washington, DC. Agency, Mail Code 28221T, 1200 • Kevin G. Wailes; CEO, Lincoln There is an ‘‘eSubscription’’ link on the Pennsylvania Ave. NW, Washington, DC Electric System and Co-Chair, website that enables subscribers to 20460, and (2) OMB via email to oira_ Electricity Subsector Coordinating receive email notification when a [email protected]. Address Council document is added to a subscribed • comments to OMB Desk Officer for EPA. Paul Kjellander; Commissioner, docket(s). For assistance with any FERC EPA’s policy is that all comments Idaho Public Utilities Commission Online service, please email • received will be included in the public Alan S. Armstrong; President and [email protected], or call docket without change including any CEO, Williams (866) 208–3676 (toll free). For TTY, call • personal information provided, unless Upendra J. Chivukula; (202) 502–8659. the comment includes profanity, threats, Commissioner, New Jersey Board of Comment Date: 5:00 p.m. Eastern information claimed to be Confidential Public Utilities Time on April 10, 2019. Business Information (CBI) or other 3:45 p.m. Closing Remarks information whose disclosure is 4:00 p.m. Adjourn Nathaniel J. Davis, Sr., restricted by statute. Deputy Secretary. [FR Doc. 2019–05894 Filed 3–27–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–05899 Filed 3–27–19; 8:45 am] BILLING CODE 6717–01–P Sherri Comerford, Drinking Water BILLING CODE 6717–01–P Protection Division—Prevention Branch, Office of Ground Water and DEPARTMENT OF ENERGY Drinking Water, (MC 4606M), ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 Federal Energy Regulatory AGENCY Commission Pennsylvania Ave. NW, Washington, DC [EPA–HQ–OW–2004–0013; FRL–9990–95– 20460; telephone number: 202–564– [Docket No. EL19–56–000] OEI] 4639; fax number: 202–564–3756; email address: [email protected]. Hoosier Energy Rural Electric Information Collection Request Cooperative, Inc.; Notice of Filing SUPPLEMENTARY INFORMATION: Submitted to OMB for Review and Supporting documents, which explain Take notice that on March 20, 2019, Approval; Comment Request; EPA in detail the information that the EPA Hoosier Energy Rural Electric Strategic Plan Information on Source will be collecting, are available in the Cooperative, Inc., filed a proposed Water Protection (Renewal) public docket for this ICR. The docket revenue requirement for reactive supply AGENCY: Environmental Protection can be viewed online at and voltage control for the Lawrence Agency (EPA). www.regulations.gov or in person at the Generating Station, Merom Generating ACTION: Notice. EPA Docket Center, WJC West, Room Station, and Worthington Generating 3334, 1301 Constitution Ave. NW, Station, under Midcontinent SUMMARY: The Environmental Protection Washington, DC. The telephone number Independent System Operator Inc. Tariff Agency (EPA) has submitted an for the Docket Center is 202–566–1744. Schedule 2. information collection request (ICR), For additional information about EPA’s

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public docket, visit http://www.epa.gov/ information collection request (ICR), For additional information about EPA’s dockets. NESHAP for Aluminum, Copper and public docket, visit: http:// Abstract: The EPA is collecting data Other Non-ferrous Metals Foundries www.epa.gov/dockets. from the states on their progress toward (EPA ICR Number 2332.05, OMB Abstract: The National Emission substantial implementation of Control Number 2060–0630), to the Standards for Hazardous Air Pollutants protection strategies for all community Office of Management and Budget (NESHAP) for Aluminum, Copper and water systems (CWSs). The EPA and (OMB) for review and approval in Other Non-ferrous Metals Foundries states use this voluntary collection of accordance with the Paperwork apply to both existing and new facilities Reduction Act. This is a proposed data to understand the progress toward conducting melting operations located extension of the ICR, which is currently the Agency’s goal of increasing the at an aluminum, copper, or other non- approved through March 31, 2019. percentage of CWS (and the populations ferrous foundry that is an area source of Public comments were previously they serve) where risk is minimized hazardous air pollutants (HAP) through source water protection. The requested, via the Federal Register, on May 30, 2018 during a 60-day comment emissions, melts 600 tons per year (tpy) EPA specifically tracks the percentage of of aluminum, copper, or other non- all CWSs that are implementing source period. This notice allows for an ferrous metal or greater, and uses water protection and the percentage of additional 30 days for public comments. material that contains or has the the population which is served by those A fuller description of the ICR is given potential to emit HAP for which the systems. below, including its estimated burden source category was listed. New Form Numbers: None. and cost to the public. An agency may facilities include those that commenced Respondents/affected entities: State neither conduct nor sponsor, and a construction, modification or environmental and health agencies. person is not required to respond to, a reconstruction after the date of proposal. Respondent’s obligation to respond: collection of information unless it Voluntary. displays a currently valid OMB control In general, all NESHAP standards Estimated number of respondents: 51 number. require initial notifications, (total). DATES: Additional comments may be performance tests, and periodic reports Frequency of response: Quarterly. submitted on or before April 29, 2019. by the owners/operators of the affected facilities. They are also required to Total estimated burden: 684 hours ADDRESSES: Submit your comments, maintain records of the occurrence and (per year). Burden is defined at 5 CFR referencing Docket ID Number EPA– duration of any startup, shutdown, or 1320.03(b). HQ–OECA–2012–0526, to: (1) EPA malfunction in the operation of an Total estimated cost: $29,874 (per online using www.regulations.gov (our year). preferred method), or by email to affected facility, or any period during Changes in the Estimates: The EPA [email protected], or by mail to: EPA which the monitoring system is anticipates the annual totals for Docket Center, Environmental inoperative. These notifications, reports, estimated burden to be 684 hours, an Protection Agency, Mail Code 28221T, and records are essential in determining increase of 342 hours compared with 1200 Pennsylvania Ave. NW, compliance, and are required of all the ICR currently approved by OMB. Washington, DC 20460; and (2) OMB via affected facilities subject to NESHAP. This is a two-fold-increase due to email to [email protected]. This information is being collected to voluntary reporting that would increase Address comments to OMB Desk Officer assure compliance with 40 CFR part 63, in frequency from annually to quarterly for EPA. subpart ZZZZZZ. compared to the ICR currently approved EPA’s policy is that all comments Form Numbers: None. by OMB. States may use their existing received will be included in the public Respondents/affected entities: methodology for routine tracking, which docket without change, including any Aluminum, copper, and other non- the EPA believes will result in personal information provided, unless ferrous foundries. efficiencies that would allow states to the comment includes profanity, threats, minimize hourly burden and cost. information claimed to be Confidential Respondent’s obligation to respond: Business Information (CBI), or other Mandatory (40 CFR part 63, subpart Courtney Kerwin, information whose disclosure is ZZZZZZ). Director, Regulatory Support Division. restricted by statute. Estimated number of respondents: [FR Doc. 2019–05982 Filed 3–27–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: 318 (total). BILLING CODE 6560–50–P Patrick Yellin, Monitoring, Assistance, Frequency of response: Initially, and Media Programs Division, Office of occasionally and semiannually. Compliance, Mail Code 2227A, ENVIRONMENTAL PROTECTION Total estimated burden: 11,900 hours Environmental Protection Agency, 1200 AGENCY (per year). Burden is defined at 5 CFR Pennsylvania Ave. NW, Washington, DC 1320.3(b). [EPA–HQ–OECA–2012–0526; FRL–9991– 20460; telephone number: (202) 564– 23–OEI] 2970; fax number: (202) 564–0050; Total estimated cost: $1,360,000 (per email address: [email protected]. year), which includes $0 for annualized Information Collection Request SUPPLEMENTARY INFORMATION: capital/startup and/or operation & Submitted to OMB for Review and maintenance costs. Approval; Comment Request; NESHAP Supporting documents, which explain for Aluminum, Copper and Other Non- in detail the information that the EPA Changes in the Estimates: There is no Ferrous Metals Foundries (Renewal) will be collecting, are available in the change in the labor hours in this ICR public docket for this ICR. The docket compared to the previous ICR. This is AGENCY: Environmental Protection can be viewed online at due to two considerations: (1) The Agency (EPA). www.regulations.gov, or in person at the regulations have not changed over the ACTION: Notice. EPA Docket Center, WJC West, Room past three years and are not anticipated 3334, 1301 Constitution Ave. NW, to change over the next three years; and SUMMARY: The Environmental Protection Washington, DC. The telephone number (2) the growth rate for the industry is Agency (EPA) has submitted an for the Docket Center is 202–566–1744. very low, negative or non-existent, so

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there is no significant change in the information claimed to be Confidential Total estimated burden: 3,970 hours overall burden. Business Information (CBI), or other (per year). Burden is defined at 5 CFR information whose disclosure is 1320.3(b). Courtney Kerwin, restricted by statute. Total estimated cost: $472,000 (per Director, Regulatory Support Division. FOR FURTHER INFORMATION CONTACT: year), which includes $20,000 in [FR Doc. 2019–05984 Filed 3–27–19; 8:45 am] Patrick Yellin, Monitoring, Assistance, annualized capital/startup and/or BILLING CODE 6560–50–P and Media Programs Division, Office of operation & maintenance costs. Compliance, Mail Code 2227A, Changes in the Estimates: There is an Environmental Protection Agency, 1200 adjustment decrease in the total ENVIRONMENTAL PROTECTION estimated burden as currently identified AGENCY Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564– in the OMB Inventory of Approved [EPA–HQ–OECA–2014–0087; FRL–9990– 2970; fax number: (202) 564–0050; Burdens. This increase is not due to any 54–OEI] email address: [email protected]. program changes. The change in the burden and cost estimates is due to Information Collection Request SUPPLEMENTARY INFORMATION: Supporting documents, which explain more accurate estimates of existing Submitted to OMB for Review and sources based on EPA’s recent re- Approval; Comment Request; NESHAP in detail the information that the EPA will be collecting, are available in the evaluation of the source category for Asphalt Processing and Asphalt inventory, which indicated that several Roofing Manufacturing (Renewal) public docket for this ICR. The docket can be viewed either online at facilities have shut down since the last AGENCY: Environmental Protection www.regulations.gov, or in person at the ICR renewal period. These changes Agency (EPA). EPA Docket Center, WJC West, Room result in an overall decrease in the labor hours and O&M costs. ACTION: Notice. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number Courtney Kerwin, SUMMARY: The Environmental Protection for the Docket Center is 202–566–1744. Director, Regulatory Support Division. Agency (EPA) has submitted an For additional information about EPA’s information collection request (ICR), [FR Doc. 2019–05983 Filed 3–27–19; 8:45 am] public docket, visit: http:// BILLING CODE 6560–50–P NESHAP for Asphalt Processing and www.epa.gov/dockets. Asphalt Roofing Manufacturing (EPA Abstract: The National Emission ICR Number 2029.08, OMB Control Standards for Hazardous Air Pollutants FEDERAL ACCOUNTING STANDARDS Number 2060–0520), to the Office of (NESHAP) for Asphalt Processing and ADVISORY BOARD Management and Budget (OMB) for Asphalt Roofing Manufacturing apply to review and approval in accordance with both existing facilities and new facilities Notice of Issuance of Interpretation of the Paperwork Reduction Act. This is a that manufacture asphalt roofing Federal Financial Accounting proposed extension of the ICR, which is products or oxidized asphalt that are Standards 8: An Interpretation of currently approved through March 31, major sources of hazardous air Statement of Federal Financial 2019. Public comments were previously pollutants (HAPs) or are collocated at Accounting Standards (SFFAS) 56, requested, via the Federal Register, on major sources. New facilities include Classified Activities May 30, 2018 during a 60-day comment those that commenced construction or period. This notice allows for an reconstruction after the date of the AGENCY: Federal Accounting Standards additional 30 days for public comments. original proposal (November 21, 2001). Advisory Board. A fuller description of the ICR is given In general, all NESHAP standards ACTION: Notice. below, including its estimated burden require initial notifications, and cost to the public. An agency may performance tests, and periodic reports Pursuant to 31 U.S.C. 3511(d), the neither conduct nor sponsor, and a by the owners/operators of the affected Federal Advisory Committee Act (Pub. person is not required to respond to, a facilities. They are also required to L. 92–463), as amended, and the FASAB collection of information unless it maintain records of the occurrence and Rules Of Procedure, as amended in displays a currently valid OMB control duration of any startup, shutdown, or October 2010, notice is hereby given number. malfunction in the operation of an that the Federal Accounting Standards DATES: Additional comments may be affected facility, or any period during Advisory Board (FASAB) has issued submitted on or before April 29, 2019. which the monitoring system is Interpretation of Federal Financial ADDRESSES: Submit your comments, inoperative. These notifications, reports, Accounting Standards 8: An referencing Docket ID Number EPA– and records are essential in determining Interpretation of Statement of Federal HQ–OECA–2014–0087, to: (1) EPA compliance, and are required of all Financial Accounting Standards online using www.regulations.gov (our affected facilities subject to NESHAP. (SFFAS) 56, Classified Activities. preferred method), or by email to This information is being collected to Interpretation 8 will be maintained by [email protected], or by mail to: EPA assure compliance with 40 CFR part 63, FASAB. Due to the classified nature of Docket Center, Environmental subpart LLLLL. Interpretation 8, contact FASAB to Protection Agency, Mail Code 28221T, Form Numbers: None. arrange access to Interpretation 8 as 1200 Pennsylvania Ave. NW, Respondents/affected entities: needed. FASAB will provide access to Washington, DC 20460; and (2) OMB via Asphalt processing and asphalt roofing the Interpretation following appropriate email to [email protected]. manufacturing facilities. security procedures. To request access Address comments to OMB Desk Officer Respondent’s obligation to respond: to Interpretation 8 please contact for EPA. Mandatory (40 CFR part 63, subpart Monica Valentine at valentinem@ The EPA’s policy is that all comments LLLLL). fasab.gov. Please provide your name, received will be included in the public Estimated number of respondents: 8 organization, and contact information. docket without change, including any (total). FOR FURTHER INFORMATION CONTACT: Ms. personal information provided, unless Frequency of response: Initially, Wendy M. Payne, Executive Director, the comment includes profanity, threats, occasionally and semiannually. 441 G Street NW, Suite 1155,

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Washington, DC 20548, or call (202) Bank member’s record of lending to FHFA may provide copies of comments 512–7350. first-time homebuyers. See 12 U.S.C. received on a member’s community Authority: Federal Advisory Committee 1430(g)(2). Pursuant to section 10(g) of support performance to the member’s Act, Pub. L. 92–463. the Bank Act, FHFA has promulgated a Bank, including any personal community support requirements information provided by the commenter Dated: March 15, 2019. regulation that establishes standards a such as name, address, email address, Wendy M. Payne, Bank member must meet in order to and telephone number. Executive Director. maintain access to long-term advances, In reviewing a member for community [FR Doc. 2019–06005 Filed 3–27–19; 8:45 am] and establishes review criteria FHFA support compliance, FHFA will BILLING CODE 1610–02–P must apply in evaluating a member’s consider any public comments it has community support performance. See received concerning the member. 12 12 CFR part 1290. The regulation CFR 1290.2(c)(3). To ensure FEDERAL HOUSING FINANCE includes standards and criteria for the consideration by FHFA, comments AGENCY two statutory factors—members’ CRA concerning the community support performance and members’ record of [No. 2019–N–3] performance of members being reviewed lending to first-time homebuyers. 12 in 2019 must be submitted to FHFA, Federal Home Loan Bank Community CFR 1290.3. Only members subject to either by electronic mail to Support Program—Opportunity To the CRA must meet the CRA standard. hmgcommunitysupportprogram@ Comment on Members Subject to 12 CFR 1290.3(a), (b). All members fhfa.gov, or by fax to 202–649–4308, on Review subject to community support review, or before April 29, 2019. 12 CFR including those not subject to the CRA, 1290.2(c)(2). AGENCY: Federal Housing Finance must meet the first-time homebuyer The names of applicable members Agency. standard. 12 CFR 1290.3(c). Members currently subject to Community Support ACTION: Notice. that have been certified as community review can be found on the public development financial institutions websites for the individual Banks at: SUMMARY: The Federal Housing Finance (CDFIs) are deemed to be in compliance Federal Home Loan Bank of Boston— Agency (FHFA) is announcing that with the community support District 1 (Connecticut, FHFA will review all applicable Federal requirements and are not subject to Massachusetts, New Hampshire, Home Loan Bank (Bank) members in periodic community support review, Rhode Island, Vermont) http:// 2019 under FHFA’s community support unless the CDFI member is also an www.fhlbboston.com/community requirements regulation. This Notice insured depository institution or a CDFI development/programs/support_ invites the public to comment on the credit union. 12 CFR 1290.2(d). In statements.jsp community support performance of addition, FHFA will not review an Federal Home Loan Bank of New York— individual members. institution’s community support District 2 (New Jersey, New York, performance until it has been a Bank DATES: Public comments on individual Puerto Rico) http://www.fhlbny.com Bank members’ community support member for at least one year. 12 CFR 1290.2(e). Federal Home Loan Bank of performance must be submitted to Pittsburgh—District 3 (Delaware, FHFA on or before April 29, 2019. Under the regulation, FHFA reviews each applicable member once every two Pennsylvania, West Virginia) https:// ADDRESSES: Comments on members’ years. Starting April 1, 2019, each www.fhlb-pgh.com/Files/Resources/ community support performance should member that is subject to community CSS.pdf be submitted to FHFA by electronic support review will be required to use Federal Home Loan Bank of Atlanta— mail at an online form to submit to FHFA a District 4 (Alabama, District of hmgcommunitysupportprogram@ completed Community Support Columbia, Florida, Georgia, Maryland, fhfa.gov or by fax to 202–649–4308. Statement, executed by an appropriate North Carolina, South Carolina, FOR FURTHER INFORMATION CONTACT: senior officer of the member. All Virginia) https://corp.fhlbatl.com/ Deattra Perkins, Senior Policy Analyst, Community Support Statements for this community-support-program/ at hmgcommunitysupportprogram@ review cycle must be submitted using Federal Home Loan Bank of fhfa.gov or 202–649–3133, Division of the online form by October 31, 2019. Cincinnati—District 5 (Kentucky, Housing Mission and Goals, Federal FHFA will review the community Ohio, Tennessee) https:// Housing Finance Agency, Ninth Floor, support performance of each member www.fhlbcin.com 400 Seventh Street SW, Washington, DC after receiving the member’s completed Federal Home Loan Bank of 20219. Community Support Statement. Indianapolis—District 6 (Indiana, SUPPLEMENTARY INFORMATION: Michigan) http://www.fhlbi.com II. Public Comments Federal Home Loan Bank of Chicago— I. Community Support Review FHFA encourages the public to District 7 (Illinois, Wisconsin) https:// Section 10(g)(1) of the Federal Home submit comments by April 29, 2019, on www.fhlbc.com/community- Loan Bank Act (Bank Act) requires the community support performance of investment/community-support- FHFA to promulgate regulations Bank members. Each Bank is required to statements establishing standards of community post a notice on its public website and Federal Home Loan Bank of Des investment or service that Bank to notify its Advisory Council, nonprofit Moines—District 8 (Alaska, Guam, members must meet in order to housing developers, community groups, Hawaii, Idaho, Iowa, Minnesota, maintain access to long-term Bank and other interested parties in its Missouri, Montana, North Dakota, advances. See 12 U.S.C. 1430(g)(1). The district of the opportunity to submit Oregon, South Dakota, Utah, regulations promulgated by FHFA must comments on the community support Washington, Wyoming) https:// take into account factors such as the programs and activities of Bank www.fhlbdm.com Bank member’s performance under the members, with the name and address of Federal Home Loan Bank of Dallas— Community Reinvestment Act of 1977 each member subject to community District 9 (Arkansas, Louisiana, (CRA), 12 U.S.C. 2901 et seq., and the support review. 12 CFR 1290.2(c)(1). Mississippi, New Mexico, Texas)

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https://www.fhlb.com/membership/ electronically to Board of Governors of the Federal Reserve Pages/Community-Support- [email protected]: System, March 25, 2019. Standards.aspx 1. Stone BancShares, Inc., Mountain Yao-Chin Chao, Federal Home Loan Bank of Topeka— View, Arkansas; to merge with DBT Assistant Secretary of the Board. District 10 (Colorado, Kansas, Financial Corporation, DeWitt, Arkansas [FR Doc. 2019–05987 Filed 3–27–19; 8:45 am] Nebraska, Oklahoma) https:// and thereby indirectly acquire DeWitt BILLING CODE P www.fhlbtopeka.com/community- Bank and Trust Company, DeWitt, programs-community-support- Arkansas. statements FEDERAL RESERVE SYSTEM Federal Home Loan Bank of San Board of Governors of the Federal Reserve Francisco—District 11 (Arizona, System, March 25, 2019. Agency Information Collection California, Nevada) http:// Yao-Chin Chao, Activities: Announcement of Board www.fhlbsf.com/community/grant/ Assistant Secretary of the Board. Approval Under Delegated Authority and Submission to OMB community-support-review.aspx [FR Doc. 2019–05989 Filed 3–27–19; 8:45 am] Dated: March 22, 2019. BILLING CODE P AGENCY: Board of Governors of the Joseph M. Otting, Federal Reserve System. Acting Director, Federal Housing Finance SUMMARY: The Board of Governors of the Agency. FEDERAL RESERVE SYSTEM Federal Reserve System (Board) is [FR Doc. 2019–05980 Filed 3–27–19; 8:45 am] adopting a proposal to extend for three Notice of Proposals To Engage in or BILLING CODE 8070–01–P years, with revision, the Financial To Acquire Companies Engaged in Statements for Holding Companies (FR Permissible Nonbanking Activities Y–9 family of reports) (OMB No. 7100– FEDERAL RESERVE SYSTEM 0128), the Financial Statements of U.S. The companies listed in this notice Nonbank Subsidiaries Held by Foreign Formations of, Acquisitions by, and have given notice under section 4 of the Banking Organizations (FR Y–7N family Mergers of Bank Holding Companies Bank Holding Company Act (12 U.S.C. of reports) (OMB No. 7100–0125), the 1843) (BHC Act) and Regulation Y, (12 Bank Holding Company Report of The companies listed in this notice CFR part 225) to engage de novo, or to Insured Depository Institutions’ Section have applied to the Board for approval, acquire or control voting securities or 23A Transactions with Affiliates (FR Y– pursuant to the Bank Holding Company assets of a company, including the 8) (OMB No. 7100–0126), the Financial Act of 1956 (12 U.S.C. 1841 et seq.) companies listed below, that engages Statements of U.S. Nonbank (BHC Act), Regulation Y (12 CFR part either directly or through a subsidiary or Subsidiaries of U.S. Holding Companies 225), and all other applicable statutes other company, in a nonbanking activity (FR Y–11 family of reports) (OMB No. and regulations to become a bank that is listed in § 225.28 of Regulation Y 7100–0244), the Domestic Finance holding company and/or to acquire the (12 CFR 225.28) or that the Board has Company Report of Consolidated Assets assets or the ownership of, control of, or determined by Order to be closely and Liabilities (FR 2248) (OMB No. the power to vote shares of a bank or related to banking and permissible for 7100–0005), the Financial Statements of bank holding company and all of the bank holding companies. Unless Foreign Subsidiaries of U.S. Banking banks and nonbanking companies otherwise noted, these activities will be Organizations (FR 2314 family of owned by the bank holding company, conducted throughout the United States. reports) (OMB No. 7100–0073), the including the companies listed below. Each notice is available for inspection Quarterly Savings and Loan Holding The applications listed below, as well Company Report (FR 2320) (OMB No. as other related filings required by the at the Federal Reserve Bank indicated. The notice also will be available for 7100–0345), the Weekly Report of Board, are available for immediate Selected Assets and Liabilities of inspection at the Federal Reserve Bank inspection at the offices of the Board of Governors. Interested persons may Domestically Chartered Commercial indicated. The applications will also be Banks and U.S. Branches and Agencies available for inspection at the offices of express their views in writing on the question whether the proposal complies of Foreign Banks (FR 2644) (OMB No. the Board of Governors. Interested 7100–0075), and the Consolidated persons may express their views in with the standards of section 4 of the BHC Act. Report of Condition and Income for writing on the standards enumerated in Edge and Agreement Corporations (FR the BHC Act (12 U.S.C. 1842(c)). If the Unless otherwise noted, comments 2886b) (OMB No. 7100–0086). proposal also involves the acquisition of regarding the applications must be DATES: The revisions are applicable as of a nonbanking company, the review also received at the Reserve Bank indicated March 31, 2019. includes whether the acquisition of the or the offices of the Board of Governors nonbanking company complies with the not later than April 25, 2019. FOR FURTHER INFORMATION CONTACT: standards in section 4 of the BHC Act Federal Reserve Board Clearance A. Federal Reserve Bank of Dallas (12 U.S.C. 1843). Unless otherwise Officer—Nuha Elmaghrabi—Office of (Robert L. Triplett III, Senior Vice noted, nonbanking activities will be the Chief Data Officer, Board of President) 2200 North Pearl Street, conducted throughout the United States. Governors of the Federal Reserve Unless otherwise noted, comments Dallas, Texas 75201–2272: System, Washington, DC 20551, (202) regarding each of these applications 1. Texas Independent Bancshares, 452–3829. Telecommunications Device must be received at the Reserve Bank Inc., Texas City, Texas; to merge with for the Deaf (TDD) users may contact indicated or the offices of the Board of Preferred Bancshares, Inc., Houston, (202) 263–4869, Board of Governors of Governors not later than April 25, 2019. Texas, and indirectly acquire Preferred the Federal Reserve System, A. Federal Reserve Bank of St. Louis Bank, Houston, Texas, and thereby Washington, DC 20551. (David L. Hubbard, Senior Manager) engage in operating a savings SUPPLEMENTARY INFORMATION: On June P.O. Box 442, St. Louis, Missouri association pursuant to section 15, 1984, OMB delegated to the Board 63166–2034. Comments can also be sent 225.28(b)(4)(ii) of Regulation Y. authority under the Paperwork

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Reduction Act (PRA) to approve and ensure the safety and soundness of its Estimated number of respondents: assign OMB control numbers to operations. The Board requires HCs to 933. collection of information requests and provide standardized financial Estimated average hours per response: requirements conducted or sponsored statements to fulfill the Board’s 7.8 hours. by the Board. Board-approved statutory obligation to supervise these Estimated annual burden hours: collections of information are organizations. HCs file the FRY–9C on 29,110 hours. incorporated into the official OMB a quarterly basis, FR Y–9LP quarterly, General description of report: The FR inventory of currently approved the FR Y–9SP semiannually, the FR Y– Y–8 collects information on covered collections of information. Copies of the 9ES annually, and the FR Y–9CS on a transactions between an insured PRA Submission, supporting statements schedule that is determined when this depository institution and its affiliates and approved collection of information supplement is used. that are subject to the quantitative limits instrument(s) are placed into OMB’s 2. Report title: The Financial and requirements of section 23A of the public docket files. The Board may not Statements of U.S. Nonbank Federal Reserve Act and the Board’s conduct or sponsor, and the respondent Subsidiaries Held by Foreign Banking Regulation W (12 CFR 223). The FR Y– is not required to respond to, an Organizations, Abbreviated Financial 8 is filed quarterly by all U.S. top-tier information collection that has been Statements of U.S. Nonbank BHCs and SLHCs, and by FBOs that extended, revised, or implemented on or Subsidiaries Held by Foreign Banking directly own or control a U.S. subsidiary after October 1, 1995, unless it displays Organizations, and the Capital and insured depository institution. If an a currently valid OMB control number. Asset Report of Foreign Banking FBO indirectly controls a U.S. insured Organizations. depository institution through a U.S. Final Approval Under OMB Delegated Agency form number: FR Y–7N, FR holding company, the U.S. holding Authority of the Extension for Three Y–7NS, and FR Y–7Q. company must file the FR Y–8. A Years, With Revision, the Following OMB control number: 7100–0125. respondent must file a separate report Information Collections Frequency: Quarterly and annually. for each U.S. insured depository 1. Report title: Financial Statements Respondents: Foreign banking institution it controls. The primary for Holding Companies. organizations (FBOs). purpose of the data is to enhance the Agency form number: FR Y–9C, FR Y– Estimated number of respondents: FR Board’s ability to monitor the credit 9LP, FR Y–9SP, FR Y–9ES, and FR Y– Y–7N (quarterly): 35; FR Y–7N exposure of insured depository 9CS. (annually): 19; FR Y–7NS: 22; FR Y–7Q institutions to their affiliates and to OMB control number: 7100–0128. (quarterly): 130; FR Y–7Q (annually): ensure that insured depository Frequency: Quarterly, semiannually, 29. institutions are in compliance with and annually. Estimated average hours per response: section 23A of the Federal Reserve Act Respondents: Bank holding FR Y–7N (quarterly): 7.6 hours; FR Y– and Regulation W. Section 23A of the companies (BHCs), savings and loan 7N (annually): 7.6 hours; FR Y–7NS: 1 Federal Reserve Act limits an insured holding companies (SLHCs), securities hour; FR Y–7Q (quarterly): 3 hours; FR depository institution’s exposure to holding companies (SHCs), and U.S. Y–7Q (annually): 1.5 hours. affiliated entities and helps to protect intermediate holding companies (IHCs) Estimated annual reporting hours: FR against the expansion of the federal (collectively, holding companies (HCs)). Y–7N (quarterly): 1,064 hours; FR Y–7N safety net to uninsured entities. Estimated number of respondents: FR (annually): 144 hours; FR Y–7NS: 22 4. Report title: Financial Statements of Y–9C (non-advanced approaches HCs): hours; FR Y–7Q (quarterly): 1,560 hours; U.S. Nonbank Subsidiaries of U.S. 292; FR Y–9C (advanced approached FR Y–7Q (annually): 44 hours. Holding Companies and the HCs): 18; FR Y–9LP: 338; FR Y–9SP: General Description of Report: The FR Abbreviated Financial Statements of 4,238; FR Y–9ES: 82; FR Y–9CS: 236. Y–7N and the FR Y–7NS are used to U.S. Nonbank Subsidiaries of U.S. Estimated average hours per response: assess an FBO’s ability to be a Holding Companies. FR Y–9C (non-advanced approaches continuing source of strength to its U.S. Agency form number: FR Y–11 and HCs): 46.34 hours; FR Y–9C (advanced operations and to determine compliance FR Y–11S. approached HCs): 47.59 hours; FR Y– with U.S. laws and regulations. FBOs OMB control number: 7100–0244. 9LP: 5.27 hours; FR Y–9SP: 5.40 hours; file the FR Y–7N quarterly or annually Frequency: Quarterly and annually. FR Y–9ES: 0.50 hours; FR Y–9CS: 0.50 or the FR Y–7NS annually Respondents: Domestic bank holding hours. predominantly based on asset size companies, SLHCs, SHCs, and IHCs Estimated annual burden hours: FR thresholds. The FR Y–7Q is used to (collectively, holding companies (HCs)). Y–9C (non-advanced approaches HCs): assess consolidated regulatory capital Estimated number of respondents: FR 54,125 hours; FR Y–9C (advanced and asset information from all FBOs. Y–11 (quarterly): 445; FR Y–11 approached HCs): 3,426 hours; FR Y– The FR Y–7Q is filed quarterly by FBOs (annually): 189; FR Y–11S: 273. 9LP: 7,125 hours; FR Y–9SP: 45,770 that have effectively elected to become Estimated average hours per response: hours; FR Y–9ES: 41 hours; FR Y–9CS: or be treated as a U.S. financial holding FR Y–11 (quarterly): 7.6; FR Y–11 472 hours. company (FHC) and by FBOs that have (annually): 7.6; FR Y–11S: 1. General description of report: The FR total consolidated assets of $50 billion Estimated annual reporting hours: FR Y–9 family of reporting forms continues or more, regardless of FHC status. All Y–11 (quarterly): 13,528 hours; FR Y–11 to be the primary source of financial other FBOs file the FR Y–7Q annually. (annually): 1,436 hours; FR Y–11S: 273 data on HCs that examiners rely on 3. Report title: Bank Holding hours. between on-site inspections. Financial Company Report of Insured Depository General Description of Report: The FR data from these reporting forms is used Institutions’ Section 23A Transactions Y–11 family of reports collects financial to detect emerging financial problems, with Affiliates. information for individual U.S. nonbank review performance, conduct pre- Agency form number: FR Y–8. subsidiaries of domestic HCs, which is inspection analysis, monitor and OMB control number: 7100–0126. essential for monitoring the evaluate capital adequacy, evaluate HC Frequency: Quarterly. subsidiaries’ potential impact on the mergers and acquisitions, and analyze Respondents: BHCs, SLHCs, and condition of the HC or its subsidiary an HC’s overall financial condition to FBOs. banks. HCs file the FR Y–11 on a

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quarterly or annual basis or the FR Y– Respondents: U.S. state member Agency form number: FR 2644. 11S on an annual basis, predominantly banks (SMBs), BHCs, SLHCs, IHCs, and OMB control number: 7100–0075. based on whether the organization Edge or agreement corporations. Frequency: Weekly. meets certain asset size thresholds. Estimated number of respondents: FR Respondents: Domestically chartered 5. Report title: Domestic Finance 2314 (quarterly): 439; FR 2314 commercial banks and U.S. branches Company Report of Consolidated Assets (annually): 239; FR 2314S: 300. and agencies of foreign banks. and Liabilities. Estimated average hours per response: Estimated number of respondents: Agency form number: FR 2248. FR 2314 (quarterly): 7.2 hours; FR 2314 875. OMB control number: 7100–0005. (annually): 7.2 hours; FR 2314S: 1 hour. Estimated average hours per response: Frequency: Monthly, quarterly and Estimated annual reporting hours: FR 2.35 hours. semi-annually. 2314 (quarterly): 12,643 hours; FR 2314 Estimated annual burden hours: 106,925 hours. Respondents: Domestic finance (annually): 1,768 hours; FR 2314S: 300 General description of report: The FR companies and mortgage companies. hours. 2644 is a balance sheet report that is Estimated number of respondents: General description of report: The FR collected as of each Wednesday from an 150. 2314 family of reports is the only source of comprehensive and systematic data authorized stratified sample of 875 Estimated average hours per response: domestically chartered commercial Monthly: 0.33 hours; quarterly: 0.50 on the assets, liabilities, and earnings of the foreign nonbank subsidiaries of U.S. banks and U.S. branches and agencies of hours; semi-annual addendum: 0.17 foreign banks. The FR 2644 is the only hours. banking organizations, and the data are used to monitor the growth, source of high-frequency data used in Estimated annual burden hours: the analysis of current banking Monthly, 400 hours; quarterly, 300 profitability, and activities of these foreign companies. The data help the developments. The FR 2644 collects hours; semi-annual addendum: 50 sample data that are used to estimate hours. Board identify present and potential problems of these companies, monitor universe levels using data from the General description of report: The FR quarterly commercial bank Consolidated 2248 collects information on amounts their activities in specific countries, and develop a better understanding of Reports of Condition and Income (FFIEC outstanding in major categories of 031, FFIEC 041, and FFIEC 051; OMB consumer and business credit held by activities within the industry and within specific institutions. Parent No. 7100–0036) and the Report of Assets finance companies and on major short- and Liabilities of U.S. Branches and term liabilities of the finance organizations (SMBs, Edge and agreement corporations, or HCs) file the Agencies of Foreign Banks (FFIEC 002; companies. For quarter-end months OMB No. 7100–0032) (Call Reports). (March, June, September, and FR 2314 on a quarterly or annual basis, or the FR 2314S on an annual basis, Data from the FR 2644, together with December), the report also collects data from other sources, are used to information on other assets and predominantly based on whether the organization meets certain asset size construct weekly estimates of bank liabilities outstanding as well as credit, balance sheet data for the U.S. information on capital accounts in order thresholds. 7. Report Title: Quarterly Savings and banking industry, and sources and uses to provide a full balance sheet. In of banks’ funds and to analyze current addition, a supplemental section Loan Holding Company Report. Agency form number: FR 2320. banking and monetary developments. collects data about assets that have been OMB control number: 7100–0345. The Board publishes the data in pooled by finance companies and sold Frequency: Quarterly. aggregate form in the weekly H.8 to third parties that issue securities Respondents: SLHCs that are statistical release, Assets and Liabilities based on those assets. The supplemental currently exempt from filing other of Commercial Banks in the United section is organized in the same four Board regulatory reports. States, which is followed closely by categories of credit (consumer, real Estimated number of respondents: 13. other government agencies, the banking estate, business, and lease-related). The Estimated average hours per response: industry, the financial press, and other special addendum section may be used 2.5 hours. users. The H.8 release provides a if the need arises for the collection of Estimated annual burden hours: 130 balance sheet for the banking industry timely information on questions of hours. as a whole and data disaggregated by its immediate concern to the Board. When General Description of Report: The FR large domestic, small domestic, and necessary, respondents would be asked 2320 collects select parent only and foreign-related bank components. no more than twice a year to provide consolidated balance sheet and income 9. Report title: Consolidated Report of answers to a limited number of relevant statement financial data and Condition and Income for Edge and questions, which would be distributed organizational structure data from Agreement Corporations. in advance to ease burden and which SLHCs that are currently exempt from Agency form number: FR 2886b. would take, on average, ten minutes to filing other Board regulatory reports OMB control number: 7100–0086. complete. This addendum provides the (exempt SLHCs). The FR 2320 is used Frequency: Quarterly and annually. Board a valuable source of information by the Board to analyze the overall Respondents: Banking Edge and regarding timely topics and events in financial condition of exempt agreement corporations and investment financial markets. SLHCs to ensure safe and sound Edge and agreement corporations. 6. Report title: Financial Statements of operations. These data assist the Board Estimated number of respondents: Foreign Subsidiaries of U.S. Banking in the evaluation of a diversified HC and Banking Edge and agreement Organizations and the Abbreviated in determining whether an institution is corporations (quarterly): 9; banking Financial Statements of Foreign in compliance with applicable laws and Edge and agreement corporations Subsidiaries of U.S. Banking regulations. (annually): 1; investment Edge and Organizations. 8. Report title: Weekly Report of agreement corporations (quarterly): 21; Agency form number: FR 2314 and FR Selected Assets and Liabilities of investment Edge and agreement 2314S. Domestically Chartered corporations (annually): 7. OMB control number: 7100–0073. Commercial Banks and U.S. Branches Estimated average hours per response: Frequency: Quarterly and annually. and Agencies of Foreign Banks. Banking Edge and agreement

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corporations (quarterly): 15.77; banking accounting treatment of equity 13. It is expected that the majority of Edge and agreement corporations securities. institutions will implement the standard (annually): 15.87; investment Edge and The reporting changes related to CECL in the first or fourth quarter of 2021. agreement corporations (quarterly): are tied to the approved regulatory Schedule titles or specific data item 11.81; investment Edge and agreement capital rules related to the captions resulting from the change in corporations (annually): 10.82. implementation and capital transition nomenclature upon the adoption of for CECL (CECL Rule) 2 by the Board, Estimated annual reporting hours: CECL generally would not be reflected the Federal Deposit Insurance Banking Edge and agreement in the reporting forms until March 31, Corporation (FDIC), and the Office of 2021, as outlined in the following corporations (quarterly): 568; banking the Comptroller of the Currency (OCC) schedule-by-schedule descriptions of Edge and agreement corporations (collectively, the agencies), and to the the changes to the affected reporting (annually): 16; investment Edge and corresponding CECL revisions to the schedules. agreement corporations (quarterly): 922; Consolidated Reports of Condition and Because of the staggered adoption investment Edge and agreement Income (Call Reports) (FFIEC 031, dates, the Board is implementing the corporations (annually): 76. FFIEC 041, and FFIEC 051; OMB No. CECL revisions in stages. First, the General description of report: The FR 7100–0036).3 Board revised the reporting form and 2886b reporting form is filed quarterly The effective dates for adopting CECL instructions and added data items and and annually by banking Edge and vary depending on whether a firm is a schedules for certain impacted reports agreement corporations and investment public business entity (PBE), a effective for March 31, 2019. The (nonbanking) Edge and agreement Securities and Exchange Commission changes included guidance stating how corporations. The mandatory FR 2886b (SEC) report filer, or an early adopter. institutions that have adopted ASU– comprises an income statement with For institutions that are PBEs and also 2016–13 should report the data items two schedules reconciling changes in are SEC filers, as both terms are defined related to the ‘‘provision for credit capital and reserve accounts and a in U.S. Generally Accepted Accounting losses’’ and ‘‘allowance for credit losses, balance sheet with 11 supporting Principles (GAAP), the new credit losses as applicable. Next, for the transition schedules. Other than examination standard is effective for fiscal years period from March 31, 2021, through reports, it provides the only financial beginning after December 15, 2019, December 31, 2022, the reporting form data available for these corporations. including interim periods within those and instructions for each impacted The Board is solely responsible for fiscal years. For a PBE that is not an SEC schedule title or data item will be authorizing, supervising, and assigning filer, the credit losses standard is updated to include guidance stating ratings to Edge and agreement effective for fiscal years beginning after how institutions that have not adopted corporations. The Board uses the data December 15, 2020, including interim ASU 2016–13 should report the collected on the FR 2886b to identify periods within those fiscal years. For an ‘‘provision for loan and lease losses’’ or present and potential problems and institution that is not a PBE, the credit the ‘‘allowance for loan and lease losses monitor and develop a better losses standard is effective for fiscal (ALLL),’’ as applicable. understanding of activities within the years beginning after December 15, The table below summarizes the industry. 2020, and for interim period financial effective dates for the 2019 and 2021 statements for fiscal years beginning CECL revisions. Adopted Revisions after December 15, 2021. For regulatory reporting purposes, early application of Add items, The Board adopted revisions to (1) the new credit losses standard will be add, implement changes to address the footnotes Revise item permitted for all institutions for fiscal Report and or captions revised accounting standards for the years beginning after December 15, revise adoption of the current expected credit 2018, including interim periods within instructions loss (CECL) methodology across all of those fiscal years. See Appendix A for the reports, (2) extend for three years more details surrounding CECL FR 2644 ...... 03/27/2019 01/06/2021 FR 2248 ...... 03/31/2019 01/31/2021 through the normal delegated review adoption by entity type, as well as the process certain revisions to the FR Y–9C FR 2320 ...... 03/31/2019 ...... table summarizing the possible effective FR Y–8 ...... 03/31/2019 ...... that the Board previously approved on dates.4 1 FR Y–9C ...... 03/31/2019 03/31/2021 a temporary basis in order to Due to the different effective dates for FR Y–9LP ...... 03/31/2019 03/31/2021 implement changes consistent with Accounting Standards Update (ASU) FR 2314/S ...... 03/31/2019 03/31/2021 Section 214 and Section 202 of the 2016–13, the period over which FR Y–11/S ...... 03/31/2019 03/31/2021 Economic Growth, Regulatory Relief, institutions may be implementing this FR 2886b ...... 03/31/2019 03/31/2021 and Consumer Protection Act ASU ranges from the first quarter of FR Y–7N/NS ..... 03/31/2019 03/31/2021 (EGRRCPA) pertaining to the risk- 2019 through the fourth quarter of 2022. FR Y–9SP ...... 06/30/2019 06/30/2021 weighting of high volatility commercial December 31, 2022, will be the first real estate (HVCRE) exposures and the quarter-end of which all institutions CECL Revisions treatment of reciprocal deposits, (3) would be required to prepare their The Board is adopting revisions to all clarify reporting of unrealized holding reports in accordance with ASU 2016– regulatory reports listed in the Summary gains and losses on equity securities on section in response to ASU 2016–13 in the FR Y–9C report, and (4) make 2 See https://www.federalreserve.gov/newsevents/ order to align the information reported several revisions to the FR 2886b report, pressreleases/bcreg20181221a.htm. with the new standard as it relates to the including updating references to 3 See 84 FR 4131 (February 14, 2019). credit losses for loans and leases, 4 See CECL FAQs, question 36, for examples of applicable capital requirements, how and when institutions with non-calendar fiscal including off-balance sheet credit revising the eligibility criteria for years must incorporate the new credit losses exposures. These revisions address the reporting the trading schedule and standard into their regulatory reports. The CECL broadening of the scope of financial implement changes pertaining to the FAQs and a related link to the joint statement can assets for which an allowance for credit be found on the Board’s website: https:// www.federalreserve.gov/supervisionreg/srletters/ losses assessment must be established 1 See 83 FR 48990 (September 28, 2018). sr1708a1.pdf. and maintained, along with the

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elimination of the existing model for firm should estimate expected credit 6, ‘‘Adjustments,’’ and should be purchased credit-impaired (PCI) assets. losses. For off-balance sheet credit explained in the Notes to the Income The revisions for the FR Y–9C are exposures, a firm will estimate expected Statement for which a preprinted described in detail, mostly on a credit losses over the contractual period caption, ‘‘Effect of adoption of current schedule-by-schedule basis. The CECL in which they are exposed to credit risk. expected credit losses methodology on revisions to all the other reports mirror For the period of exposure, the estimate allowances for credit losses on loans the revisions to the FR Y–9C, where of expected credit losses should and leases held for investment and held- applicable. consider both the likelihood that to-maturity debt securities,’’ will be CECL is applicable to all financial funding will occur and the amount provided in the text field for this item. instruments carried at amortized cost expected to be funded over the Subsequent changes in the allowance (including loans held for investment estimated remaining life of the for credit losses on PCD financial assets (HFI) and held-to-maturity (HTM) debt commitment or other off-balance sheet will be recognized by charges or credits securities, as well as trade and exposure. In contrast to the existing to earnings through the provision for reinsurance receivables and receivables practices, the FASB decided that no credit losses. The institution will that relate to repurchase agreements and credit losses should be recognized for continue to accrete the noncredit securities lending agreements), net off-balance sheet credit exposures that discount or premium to interest income investments in leases, and off-balance- are unconditionally cancellable by the based on the effective interest rate on sheet credit exposures not accounted for issuer. The exclusion of unconditionally the PCD financial assets determined as insurance, including loan cancellable commitments from the after the gross-up for the CECL commitments, standby letters of credit, allowance for credit losses assessment allowance as of the effective date of and financial guarantees. Under ASU on off-balance sheet credit exposures adoption, except for PCD financial 2016–13, institutions will record credit requires clarification to applicable assists in nonaccrual status. • losses through an allowance for credit reporting instructions. AFS and HTM debt securities: A losses for available-for-sale (AFS) debt As of the new accounting standard’s debt security on which OTTI had been securities rather than as a write-down effective date, institutions will apply the recognized prior to the effective date of through earnings for other-than- standard based on the characteristics of the new standard will transition to the temporary impairment (OTTI). The financial assets as follows: new guidance prospectively (i.e., with broader scope of financial assets for no change in the amortized cost basis of • Financial assets carried at which allowances must be estimated the security). The effective interest rate under ASU 2016–13 results in the amortized cost (that are not PCD assets) on such a debt security before the reporting of additional allowances, and and net investments in leases: A adoption date will be retained and related charge-off and recovery data and cumulative-effect adjustment for the locked in. Amounts previously changes to the terminology used to changes in the allowances for credit recognized in accumulated other describe allowances for credit losses. To losses will be recognized in retained comprehensive income (AOCI) related address the broader scope of assets that earnings, net of applicable taxes, as of to cash flow improvements will will have allowances under ASU 2016– the beginning of the first reporting continue to be accreted to interest 13, the Board changed the allowance period in which the new standard is income over the remaining life of the nomenclature to consistently use adopted. The cumulative-effect debt security on a level-yield basis. ‘‘allowance for credit losses’’ followed adjustment to retained earnings should Recoveries of amounts previously by the specific asset type as relevant, be reported in FR Y–9C Schedule HI–A, written off relating to improvements in e.g., ‘‘allowance for credit losses on item 2, ‘‘Cumulative effect of changes in cash flows after the date of adoption loans and leases’’ and ‘‘allowance for accounting principles and corrections of will be recognized in income in the credit losses on HTM debt securities. material accounting errors,’’ and period received. By broadening the scope of financial explained in Notes to the Income assets for which the need for allowances Statement for which a preprinted Schedule HI for credit losses must be assessed to caption, ‘‘Adoption of Current Expected To address the broader scope of include HTM and AFS debt securities, Credit Losses Methodology—ASC Topic financial assets for which a provision the new standard eliminates the existing 326,’’ will be provided in the text field will be calculated under ASU 2016–13, OTTI model for such securities. for this item. the Board revised Schedule HI, item 4, Subsequent to a firm’s adoption of ASU • PCD financial assets: Financial from ‘‘Provision for loan and lease 2016–13, the concept of OTTI will no assets classified as PCI assets prior to losses’’ to ‘‘Provision for Credit losses longer be relevant and information on the effective date of the new standard on financial assets,’’ effective March 31, OTTI will no longer be captured. will be classified as PCD assets as of the 2021. To address the elimination of the The new standard also eliminates the effective date. For all financial assets concept of OTTI by ASU 2016–13, separate impairment model for PCI designated as PCD assets as of the effective December 31, 2022, the Board loans and debt securities. Under CECL, effective date, an institution will be removed Schedule HI, Memorandum credit losses on purchased credit required to gross up the balance sheet item 17, ‘‘Other-than-temporary deteriorated (PCD) financial assets are amount of the financial asset by the impairment losses on held-to-maturity subject to the same credit loss amount of its allowance for expected and available-for-sale debt securities measurement standard as all other credit losses as of the effective date, recognized in earnings.’’ Under the new financial assets carried at amortized resulting in an adjustment to the standard, institutions will recognize cost. Subsequent to an institution’s amortized cost basis of the asset to credit losses on HTM and AFS debt adoption of ASU 2016–13, information reflect the addition of the allowance for securities through an allowance for on PCI loans will no longer be captured. credit losses as of that date. For loans credit losses, and the Board will collect While the standard generally does not held for investment and HTM debt information on the allowance for credit change the scope of off-balance sheet securities, this allowance gross-up as of losses on these two categories of debt credit exposures subject to an allowance the effective date of ASU 2016–13 securities in Schedule HI–B as for credit loss assessment, the standard should be reported in the appropriate discussed below. From March 31, 2019, does change the period over which the columns of Schedule HI–B, Part II, item through September 30, 2022, the report

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form and instructions for Memorandum account’’ to ‘‘Less: Write-downs arising credit losses on other financial assets item 17 include guidance stating that from transfers of financial assets’’ to carried at amortized cost,’’ to Schedule Memorandum item 17 is to be capture changes in allowances from HI–B, Part II, at the same time. For completed only by institutions that have transfers of loans from held-to- purposes of Memorandum items 5 and not adopted ASU 2016–13. investment to held-for-sale and from 6, other financial assets include all transfers of securities between financial assets measured at amortized Schedule HI–B categories, e.g., from the AFS to the cost other than loans and leases held for To address the broader scope of HTM category. Further, effective March investment and HTM debt securities. financial assets for which allowances 31, 2019, Schedule HI–B, Part II, item 5, From March 31, 2019, through will be calculated under ASU 2016–13 was revised from ‘‘Provision for loan September 30, 2022, the reporting form and for which charge-offs and recoveries and lease losses’’ to ‘‘Provision for and instructions for Schedule HI–B, Part will be applicable, the Board changed credit losses’’ to capture the broader II, include guidance stating that the title of Schedule HI–B effective scope of financial assets included in the Memorandum items 5 and 6 are to be March 31, 2021, from ‘‘Charge-offs and schedule. completed only by institutions that have Recoveries on Loans and Leases and Effective March 31, 2019, or the first adopted ASU 2016–13. Changes in Allowance for Loan and quarter in which an HC reports its Schedule HI–C Lease Losses’’ to ‘‘Charge-offs and adoption of ASU 2016–13, whichever is Recoveries on Loans and Leases and later, Schedule HI–B, Part II, item 6, Schedule HI–C currently requests Changes in Allowance for Credit ‘‘Adjustments,’’ will be used to capture allowance information for specific Losses.’’ the initial impact of applying ASU categories of loans held for investment In addition, effective March 31, 2021, 2016–13 as of the effective date in the that is disaggregated on the basis of to address the change in allowance period of adoption as well as the initial three separate credit impairment nomenclature arising from the broader allowance gross-up for PCD assets as of models, and the amounts of the related scope of allowances under ASU 2016– the effective date. Item 6 also will be recorded investments, from institutions 13, the Board revised Schedule HI–B, used to report the allowance gross-up with $1 billion or more in total assets. Part I, Memorandum item 4, from upon the acquisition of PCD assets on or ASU 2016–13 eliminates these separate ‘‘Uncollectible retail credit card fees and after the effective date. credit impairment models and replaces finance charges reversed against income In the memorandum section of them with CECL for all financial assets (i.e., not included in charge-offs against Schedule HI–B, Part II, to address the measured at amortized cost. As a result the allowance for loan and lease losses)’’ change in allowance nomenclature of this change, effective March 31, 2021, to ‘‘Uncollectible retail credit card fees arising from the broader scope of the Board changed the title of Schedule and finance charges reversed against allowances under ASU 2016–13 the HI–C from ‘‘Disaggregated Data on the income (i.e., not included in charge-offs Board revised the caption for Allowance for Loan and Lease Losses’’ against the allowance for credit losses Memorandum item 3, effective March to ‘‘Disaggregated Data on Allowances on loans and leases).’’ 31, 2021, from ‘‘Amount of allowance for Credit Losses.’’ To further address the broader scope for loan and lease losses attributable to To capture disaggregated data on of financial assets for which allowances retail credit card fees and finance allowances for credit losses from will be calculated under ASU 2016–13, charges’’ to ‘‘Amount of allowance for institutions that have adopted ASU the Board revised Schedule HI–B, Part credit losses on loans and leases 2016–13, the Board created Schedule II, to also include changes in the attributable to retail credit card fees and HI–C, Part II, ‘‘Disaggregated Data on allowances for credit losses on HTM finance charges.’’ Also, in the Allowances for Credit Losses,’’ effective and AFS debt securities. Effective memorandum section of Schedule HI–B, March 31, 2019. The existing table in March 31, 2019, the Board changed the Part II, effective December 31, 2022, the Schedule HI–C, which includes items 1 title of Schedule HI–B, Part II, from Board has removed existing through 6 and columns A through F, ‘‘Changes in Allowance for Loan and Memorandum item 4, ‘‘Amount of would be renamed ‘‘Part I. Lease Losses’’ to ‘‘Changes in allowance for post-acquisition credit Disaggregated Data on the Allowance for Allowances for Credit Losses.’’ losses on purchased credit impaired Loan and Lease Losses.’’ From March In addition, effective March 31, 2019, loans accounted for in accordance with 31, 2019 through September 30, 2022, Schedule HI–B, Part II, was expanded the American Institute of Certified the reporting form and instructions for from one column to a table with three Public Accountants (AICPA) Statement Schedule HI–C, Part I, will include columns titled: of Position 03–3’’ as ASU 2016–13 guidance stating that only those • eliminates the concept of PCI loans and institutions that have not adopted ASU Column A: Loans and leases held for the separate credit impairment model 2016–13 should complete Schedule HI– investment • for such loans. From March 31, 2019, C, Part I. Column B: Held-to-maturity debt through September 30, 2022, the Part II of this schedule contains six securities • reporting form and instructions for loan portfolio categories and the Column C: Available-for-sale debt Schedule HI–B, Part II, Memorandum unallocated category for which data are securities item 4, specify that this item should be currently collected in existing Schedule From March 31, 2019, through completed only by institutions that have HI–C along with the following portfolio September 30, 2022, the reporting form not yet adopted ASU 2016–13. categories for which allowance and the instructions for Schedule HI–B, Given that the scope of ASU 2016–13 information will begin to be reported for Part II, include guidance stating that is broader than the three financial asset HTM debt securities. Columns B and C are to be completed types to be included in the table in The Board reevaluated the proposed only by institutions that have adopted Schedule HI–B, Part II, effective March portfolio categories for which ASU 2016–13. 31, 2019, the Board added new disaggregated allowance information In addition, effective March 31, 2019, Memorandum item 5, ‘‘Provisions for would begin to be reported by Schedule HI–B, Part II, item 4, was credit losses on other financial assets institutions after adoption of ASU 2016– revised from ‘‘Less: Write-downs arising carried at amortized cost,’’ and 13 for HTM debt securities on Schedule from transfers of loans to a held-for-sale Memorandum item 6, ‘‘Allowance for HI–C, Part II, on the FR Y–9C. The

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Board determined that separate remaining within this schedule and the capture the change in the amount of reporting of allowances on HTM ‘‘Part II’’ designation would be removed. allowances from initially applying ASU mortgage-backed securities issued or 2016–13 on these two categories of Notes to the Income Statement— guaranteed by U.S. government agencies assets as of the effective date of the Predecessor Financial Items or sponsored agencies and other HTM accounting standard in the period of mortgage-backed securities is not Effective March 31, 2021, the Board adoption, including the initial gross-up needed because, at present, the former will address the broader scope of for any PCD assets held as of the category of mortgage-backed securities financial assets for which a provision effective date. From March 31, 2019, would likely have zero expected credit will be calculated under ASU 2016–13. through September 30, 2022, the losses. As a result, the Board will From March 31, 2019, through reporting form and instructions specify combine these portfolio categories and September 30, 2022, the reporting form that these items are to be completed collect only one data item, rather than and instructions for line item 4, only by HCs that have adopted ASU two data items, for the total allowances ‘‘Provision for loan and lease losses,’’ 2016–13 and, for the latter preprinted on an institution’s HTM mortgage- includes guidance that only institutions caption, only in the quarter-end FR backed securities: that have adopted ASU 2016–13 should Y–9C report for the remainder of the 1. Securities issued by states and report the provision for credit losses in calendar year in which an institution political subdivisions in the U.S; this item. Effective March 31, 2021, the adopts ASU 2016–13. The Board 2. Mortgage-backed securities (MBS) Board will revise line item 4 from anticipates the latter preprinted caption (including CMOs, REMICs, and stripped ‘‘Provision for Loan and Lease losses’’ to would be removed after all institutions MBS); ‘‘Provision for Credit Losses.’’ have adopted ASU 2016–13. 3. Asset-backed securities and Notes to the Income Statement Schedule HC structured financial products; Effective March 31, 2019, the Board To address the broader scope of 4. Other debt securities; added a preprinted caption to the text financial assets for which allowances 5. Total. field that would be titled ‘‘Adoption of will be estimated under ASU 2016–13, For each category of loans in Part II Current Expected Credit Losses the Board revised the reporting form of Schedule HI–C, institutions report the Methodology—ASC Topic 326.’’ and instructions to specify which assets amortized cost and the allowance Institutions will use this item to report should be reported net of an allowance balance in Columns A and B, the cumulative-effect adjustment (net of for credit losses on the balance sheet respectively. The amortized cost applicable income taxes) recognized in and which asset categories should be amounts to be reported would exclude retained earnings for the changes in the reported gross of such an allowance. the accrued interest receivable that is allowances for credit losses on financial The Board determined that the only reported in ‘‘Other assets’’ on the assets and off-balance sheet credit financial asset category for which balance sheet. For each category of HTM exposures as of the beginning of the separate (i.e., gross) reporting of the debt securities in Part II of Schedule HI– fiscal year in which the institution amortized cost 5 and the allowance is C, institutions would report the adopts ASU 2016–13. Providing a needed on Schedule HC continues to be allowance balance. The amortized cost preprinted caption for this data item, item 4.b, ‘‘Loans and leases held for and allowance information on loans and rather than allowing each HC to enter its investment,’’ because of the large the allowance information on HTM debt own description for this cumulative- relative size and importance of these securities would be reported quarterly effect adjustment, will enhance the assets and their related allowances to and would be completed only by Board’s ability to compare the impact of the overall balance sheet for most institutions with $1 billion or more in the adoption of ASU 2016–13 across institutions. For other financial assets total assets, as is currently done with institutions. From March 31, 2019 within the scope of CECL, the Board existing Part I of Schedule HI–C. through December 31, 2022, the instructed HCs to report these assets at The Board will use the securities- reporting form and instructions for amortized cost 6 net of the related related information gathered in Part II of Notes to the Income Statement, specify allowance for credit losses on Schedule the schedule to monitor the allowance that this item is to be completed only in HC. levels for the categories of HTM debt the quarter-end FR Y–9C for the Effective March 31, 2021, the Board securities specified above. Further, with remainder of the calendar year in which revised Schedule HC, item 2.a, from the removal of FR Y–9C item for OTTI an HC adopts ASU 2016–13. The Board ‘‘Held-to-maturity securities’’ to ‘‘Held- losses recognized in earnings (Schedule anticipates that this preprinted caption to-maturity securities, net of allowance HI, Memorandum item 17), Schedule would be removed after all HCs have for credit losses.’’ From March 31, 2019, HI–C, Part II, will become another adopted ASU 2016–13. through December 31, 2020, the Board source of information regarding credit To address the broader scope of added a footnote to Schedule HC, item losses of HTM debt securities, in financial assets for which an allowance 2.a, specifying that HCs should ‘‘report addition to data reported in Schedule will be maintained under ASU 2016–13, this amount net of any applicable HI–B, Part II. From March 31, 2019, effective March 31, 2019, the Board allowance for credit losses.’’ through September 30, 2022, the added two preprinted captions to the Additionally, for Schedule HC, item 3.b, reporting form and instructions for text field that would be titled ‘‘Initial ‘‘Securities purchased under agreements Schedule HI–C, Part II, include allowances for credit losses recognized to resell,’’ and Schedule HC, item 11, guidance stating that only those upon the acquisition of purchased ‘‘Other assets,’’ effective March 31, institutions with $1 billion or more in deteriorated assets on or after the 2019, the Board added a footnote to total assets that have adopted ASU effective date of ASU 2016–13’’ and these items specifying that HCs should 2016–13 should complete Schedule HI– ‘‘Effect of adoption of current expected ‘‘report this amount net of any C, Part II. credit losses methodology on In addition, effective December 31, allowances for credit losses on loans 5 Amortized cost amounts to be reported by asset category would exclude any accrued interest 2022, the Board will remove the existing and leases held for investment and held- receivable on assets in that category that is reported Schedule HI–C, Part I. Schedule HI–C, to-maturity debt securities.’’ The latter in ‘‘Other assets’’ on the balance sheet. Part II, would then be the only table of these preprinted captions is used to 6 See footnote 10.

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applicable allowance for credit losses.’’ Board will remove Schedule HC–C, Part as part of the related financial asset’s From March 31, 2019, through I, Memorandum items 5.a and 5.b, in amortized cost. September 30, 2022, the reporting form which institutions report the Schedule HC–G and the instructions for Schedule HC, outstanding balance and balance sheet items 2.a, 3.b, and 11, specify that amount, respectively, of PCI loans held To address ASU 2016–13’s exclusion reporting such items net of any related for investment effective December 31, of off-balance sheet credit exposures allowances for credit losses is 2022. The agencies determined that that are unconditionally cancellable applicable only to those institutions that these items were not needed after the from the scope of off-balance sheet have adopted ASU 2016–13. Given that transition to PCD loans under ASU credit exposures for which allowances AFS debt securities are carried on 2016–13 because the ASU eliminates for credit losses should be measured, Schedule HC at fair value, the Board did the separate credit impairment model the Board revised the reporting form not propose any changes to Schedule for PCI loans and applies CECL to all and instructions for Schedule HC–G, HC, item 2.b, ‘‘Available-for-sale loans held for investment measured at item 3, ‘‘Allowance for credit losses on securities,’’ and instead institutions will amortized cost. From March 31, 2019, off-balance-sheet credit exposures,’’ report allowances for credit losses on through September 30, 2022, the effective March 31, 2019. As revised, the AFS debt securities only in Schedule reporting form and the instructions for reporting form and instructions would HI–B, Part II. Schedule HC–C, Memorandum items 5.a state that HCs that have adopted ASU In addition, to address the change in and 5.b, specify that these items should 2016–13 should report in item 3 the allowance nomenclature arising from be completed only by institutions that allowance for credit losses on those off- the broader scope of allowances under have not yet adopted ASU 2016–13. balance sheet credit exposures that are ASU 2016–13, the Board revised Additionally, since ASU 2016–13 not unconditionally cancellable. Schedule HC, item 4.c, from ‘‘LESS: supersedes ASC 310–30, the Board will Allowance for loan and lease losses’’ to revise Schedule HC–C, Memorandum Schedule HC–K ‘‘LESS: Allowance for credit losses on item 12, ‘‘Loans (not subject to the Effective March 31, 2019, the Board loans and leases’’ effective March 31, requirements of AICPA Statement of revised the instructions to Schedule 2021. Effective March 31, 2019, the Position 03–3) and leases held for HC–K to clarify that, for institutions that Board added a footnote to this item investment that were acquired in have adopted ASU 2016–13, allowances specifying that institutions who have business combinations with acquisition for credit losses should not be deducted adopted ASU 2016–13 should report the dates in the current calendar year,’’ from the related amortized cost amounts allowance for credit losses on loans and effective December 31, 2022. As revised, when calculating the quarterly averages leases in this item. the loans held for investment reported for all debt securities. in Memorandum item 12 will be those Schedule HC–B not considered purchased credit Schedule HC–N Effective March 31, 2019, the Board deteriorated per ASC 326. From March revised the instructions to Schedule To address the elimination of PCI 31, 2019, through September 30, 2022, assets by ASU 2016–13, the Board will HC–B to clarify that for institutions that the Board revised the reporting form have adopted ASU 2016–13, allowances remove Schedule HC–N, Memorandum and the instructions for Schedule HC– items 9.a and 9.b, in which institutions for credit losses should not be deducted C, by adding a statement explaining from the amortized cost amounts report the outstanding balance and that, subsequent to adoption of ASU balance sheet amount, respectively, of reported in columns A and C of this 2016–13, an HC should report only past due and nonaccrual PCI loans schedule.7 In other words, institutions loans held for investment not effective December 31, 2022. The Board should continue reporting the amortized considered purchased credit determined that these items were not cost of HTM and AFS debt securities in deteriorated per ASC 326 in Schedule needed for PCD loans under ASU 2016– these two columns of Schedule HC–B HC–C, Memorandum item 12. gross of their related allowances for 13 given that the ASU eliminates the credit losses. Schedule HC–F separate credit impairment model for To address the broader scope of PCI loans and applies CECL to PCD Schedule HC–C financial assets for which an allowance loans and all other loans held for Effective March 31, 2021, to address will be applicable under ASU 2016–13, investment measured at amortized cost. the change in allowance nomenclature, the Board specified that assets within From March 31, 2019, through the Board will revise the reporting form the scope of the ASU that are included September 30, 2022, the reporting form and the instructions for Schedule HC– in Schedule HC–F should be reported and the instructions for Schedule HC– C by replacing references to the net of any applicable allowances for N, Memorandum items 9.a and 9.b, allowance for loan and lease losses in credit losses. Effective March 31, 2019, specify that these items should be statements indicating that the allowance the Board revised the reporting form completed only by HCs that have not yet should not be deducted from loans and and the instructions for Schedule HC– adopted ASU 2016–13. leases in this schedule with references F by adding a statement explaining that, Schedule HC–R to the allowance for credit losses. Thus, subsequent to adoption of ASU 2016– loans and leases will continue to be 13, an HC should report asset amounts In December 2018, the agencies reported gross of any allowances or in Schedule HC–F net of any applicable approved a final rule amending their allocated transfer risk reserve in allowances for credit losses. capital rule to address CECL.8 The final Schedule HC–C. In addition, effective March 31, 2019, rule included revised terminology for In addition, to address the elimination the Board added a footnote to item 1, the allowance balance eligible for of PCI assets by ASU 2016–13, the ‘‘Accrued interest receivable,’’ on the inclusion in regulatory capital.9 The reporting form and a statement to the 7 Amortized cost amounts to be reported by instructions for item 1 that specifies that 8 See https://www.federalreserve.gov/newsevents/ securities category in Schedule HC–B would pressreleases/bcreg20181221a.htm. exclude any accrued interest receivable on the HCs should exclude from this item any 9 The agencies’ final rule uses the term ‘‘adjusted securities in that category that is reported in ‘‘Other accrued interest receivables that is allowances for credit losses’’ for regulatory capital assets’’ on the balance sheet. reported elsewhere on the balance sheet purposes to distinguish such allowances from

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Board has made a conforming Capital Components and Ratios, item the revised treatment of those items for terminology revision for the reporting of 30.a, ‘‘Allowance for loan and lease institutions that have adopted CECL. regulatory capital on Schedule HC–R. losses includable in tier 2 capital,’’ and CECL Transition Provision In connection with the CECL Rule, the Schedule HC–R, Part II. Risk-Weighted Board is adopting a number of revisions Assets, items 6, ‘‘LESS: Allowance for Under the CECL Rule, an HC that to Schedule HC–R to incorporate new loan and lease losses,’’ 26, ‘‘Risk- experiences a reduction in retained terminology and the approved optional weighted assets for purposes of earnings as of the effective date of CECL regulatory capital transition. Unless calculating the allowance for loan and for the HC as a result of the HC’s otherwise indicated, the revisions to lease losses 1.25 percent threshold,’’ 28, adoption of CECL may elect to phase in Schedule HC–R discussed below would ‘‘Risk-weighted assets before deductions the regulatory capital impact of take effect March 31, 2019 (or the first for excess allowance of loan and lease adopting CECL (electing institution). As quarter-end report date thereafter losses and allocated risk transfer risk described in the CECL Rule, an electing following the effective date on any final reserve,’’ and 29, ‘‘LESS: Excess HC should indicate in its FR Y–9C rule) and would apply to those allowance for loan and lease losses.’’ report whether it has elected to use the institutions that have adopted CECL. In addition, consistent with the CECL CECL transition provision beginning in The CECL Rule introduces newly- Rule, assets and off-balance sheet credit the quarter that it first reports its credit defined regulatory capital term, exposures for which any related credit loss allowances as measured under allowance for credit losses (ACL), which loss allowances are eligible for inclusion CECL. To identify which HCs are replaces the ALLL, as defined under the in regulatory capital would be electing HCs, the Board revised capital rules for HCs that adopt CECL. calculated and reported in Schedule Schedule HC–R, Part I, Regulatory The CECL Rule also provides that credit HC–R Part II. Risk-Weighted Assets on Capital Components and Ratios, by loss allowances for PCD assets held by a gross basis. Therefore, the Board adding a new item 2.a in which a HC these HCs should be netted when revised the instructions for Schedule that has adopted CECL would report determining the carrying value, as HC–R, Part II. Risk-Weighted Assets, whether it has or does not have a CECL defined in the CECL Rule, and, items 2.a, ‘‘Held-to-maturity securities’’; transition election in effect as of the therefore, only the resulting net amount 3.b., ‘‘Securities purchased under quarter-end report date. Each institution is be subject to risk-weighting. In agreements to resell’’; 5.a., ‘‘Residential will complete item 2.a beginning in the addition, in the CECL Rule, the agencies mortgage exposures’’ held for FR Y–9C for its first reporting under have provided each institution the investment; 5.b, ‘‘High volatility CECL and in each subsequent FR Y–9C option to phase in the day-one commercial real estate exposures’’ held report thereafter until item 2.a is regulatory capital effects that may result for investment; 5.c, Held-for-investment removed from the report. Until an from the adoption of ASU 2016–13 over ‘‘Exposures past 90 days or more or on institution has adopted CECL, it will the three-year period beginning with the nonaccrual’’; 5.d, ‘‘All other exposures’’ leave item 2.a blank. Effective March 31, institution’s CECL effective date.10 held for investment; 8, ‘‘All other 2025, the Board will remove item 2.a from Schedule HC–R, Part I, because the Allowances for Credit Losses Definition assets,’’ and 9.a, ‘‘On-balance sheet securitization exposures: Held-to- optional three-year phase-in period will and Treatment of Purchase Credit maturity securities’’; to explain that HCs have ended for all electing institutions Deteriorated Assets that have adopted CECL should report by the end of the prior calendar year. If In general, under the CECL Rule, HCs and risk-weight their loans and leases an individual electing institution’s that have adopted CECL will be required held for investment, HTM securities, three-year phase-in period ends before to report ACL amounts instead of ALLL and other financial assets measured at item 2.a is removed (e.g., its phase-in amounts that are currently reported. amortized cost gross of their credit loss period ends December 31, 2022), the Effective December 31, 2022, the Board allowances, but net of the associated institution would change its response to removed references to ALLL and allowances on PCD assets.11 item 2.a and report that it does not have replaced them with references to ACL In addition, effective March 31, 2019, a CECL transition election in effect as of on the reporting form for Schedule HC– the Board added a new Memorandum the quarter-end report date. R. From March 31, 2019 through item 5 to, Schedule HC–R, Part II that During the CECL transition period, an September 30, 2022, the Board revised would collect data by asset category on electing HC would need to make the instructions to Schedule HC–R to the ‘‘Amount of allowances for credit adjustments to its retained earnings, direct institutions that have adopted losses on purchased credit-deteriorated temporary difference deferred tax assets, CECL to use ACL instead of ALLL in assets.’’ The amount of such allowances adjusted allowances for credit losses, calculating regulatory capital. The for credit losses are reported separately and average total consolidated assets for revisions to the instructions would for ‘‘Loans and leases held for regulatory capital purposes. An affect Schedule HC–R, Part I. Regulatory investment’’ in Memorandum item 5.a, advanced approaches institution also Held-to-maturity debt securities’’ in would need to make an adjustment to its allowances for credit losses for accounting Memorandum item 5.b, and ‘‘Other total leverage exposure. These purposes. financial assets measured at amortized adjustments are described in detail in 10 A non-PBE with a calendar year fiscal year that cost’’ in Memorandum item 5.c. The the CECL Rule. does not early adopt CECL would first report under CECL as of December 31, 2021, even though the instructions for Schedule HC–R, Part II, The Board revised the instructions to non-PBE’s CECL effective date is January 1, 2021. Memorandum item 5, specify that these Schedule HC–R, Part I, Regulatory Thus, under the CECL Rule, such a non-PBE should items should be completed only by HCs Capital Components and Ratios, items 2, use the phase-in percentage applicable to the first that have adopted ASU 2016–13. ‘‘Retained earnings,’’ 30.a, ‘‘Allowance year of the three-year transition period only for the The Board included footnotes for the December 31, 2021, report date (i.e., one quarter), for loan and lease losses includable in not the four quarters that begin with the first report affected items on the forms to highlight tier 2 capital,’’ item 36, ‘‘Average total under CECL. The non-PBE may use the applicable consolidated assets,’’ as well as phase-in percentages for all four quarters of the 11 Amortized cost amounts to be reported by asset Schedule HC–R, Part II, Risk-Weighted second and third years after the CECL effective date category in Schedule HC–R, Part II, would exclude Assets, item 8, ‘‘All other assets,’’ (i.e., 2022 and 2023). The same principle would any accrued interest receivable on assets in that apply to the optional phase-in by a non-PBE with category that is reported in ‘‘Other assets’’ on the consistent with the adjustments to these a non-calendar fiscal year. Call Report balance sheet. items for the applicable transitional

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amounts as described in the CECL Rule temporarily approved certain revisions greater than a ‘‘special cap’’ (discussed for reporting by electing HCs to report to the FR Y–9C relating to statutory below). the adjusted amounts. The Board has amendments enacted by EGRRCPA.13 Under the ‘‘general cap’’ set forth in included footnotes on the reporting Pursuant to the requirements of the section 202, an agent institution may forms to highlight the changes to these Board’s delegated authority, the Board is classify reciprocal deposits up to the items for electing institutions. now extending these revisions for three lesser of the following amounts as non- years through the normal delegated brokered reciprocal deposits: Schedule HC–V clearance process.14 • $5 billion, or The Board clarified in the instructions Section 214 of EGRRCPA, which was • An amount equal to 20 percent of effective March 31, 2019, that all assets enacted on May 24, 2018, modified the the agent institution’s total liabilities. of consolidated variable interest entities Federal Deposit Insurance Act (FDI Act) Any amount of reciprocal deposits in should be reported net of applicable to add a new section 51 governing the excess of the ‘‘general cap’’ would be allowances for credit losses by HCs that risk-based capital requirements for treated as, and should be reported as, have adopted ASU 2016–13. Net certain acquisition, development, or brokered deposits. reporting on Schedule HC–V by such construction (ADC) loans. EGRRCPA A ‘‘special cap’’ applies if an agent HCs is consistent with the changes to provides that, effective upon enactment, institution is either not ‘‘well-rated’’ or Schedules HC and HC–F. Similarly, the federal banking agencies may only not well-capitalized. In this situation, effective March 31, 2019, the reporting require a depository institution to assign the institution may classify reciprocal form for Schedule HC–V specifies that a heightened risk weight to an HVCRE deposits as non-brokered in an amount HCs that have adopted ASU 2016–13 exposure if such exposure is an up to the lesser of the ‘‘general cap’’ or should report assets net of applicable ‘‘HVCRE ADC Loan,’’ as defined in this the average amount of reciprocal allowances. new law. deposits held at quarter-end during the Section 202 of EGRRCPA amended FR 2248, FR 2314/S, FR 2320, FR 2644, last four quarters the institution was section 29 of the FDI Act to exclude a well-capitalized and in ‘‘outstanding’’ FR 2886b, FR Y–7N/NS, FR Y–8, FR Y– capped amount of reciprocal deposits 9LP, FR Y–9SP, and FR Y–11/S or ‘‘good’’ condition. from treatment as brokered deposits for To address the change in the The Board has made changes to the qualifying institutions, effective upon treatment of HVCRE loans and certain FR 2248, FR 2314/S, FR 2320, FR 2644, enactment. The instructions for the FR reciprocal deposits under EGRRCPA, FR 2886b, FR Y–7N/NS, FR Y–8, FR Y– Y–9C and the Call Report, consistent the agencies made a number of revisions 9LP, FR Y–9SP, and the FR Y–11/S with the law prior to the enactment of to the September 2018 Call instructions. report to mirror the FR Y–9C and Call EGRRCPA, previously treated all In order to avoid the regulatory burden report reporting revisions related to reciprocal deposits as brokered deposits. associated with applying different ASU 2016–13. The report forms and In amending section 29 of the FDI Act definitions for HVCRE exposures and instructions were revised to clearly to exclude a capped amount of reciprocal deposits within a single indicate that HTM securities, securities reciprocal deposits from treatment as organization, the Board temporarily purchased under agreements to resell, brokered deposits for qualifying revised the FR Y–9C instructions so that and other assets should be reported net institutions, section 202 defines they that are consistent with those of applicable allowance for credit losses ‘‘reciprocal deposits’’ to mean ‘‘deposits changes to the Call Report. To assist for those institutions that have adopted received by an agent institution through HCs in preparing the FR Y–9C for that the standard. Additionally, the Board a deposit placement network with the report date, the revised FR Y–9C indicated on the report form and same maturity (if any) and in the same Supplemental Instructions include instructions that institutions that have aggregate amount as covered deposits information regarding the reporting of adopted the ASU 2016–13 should report placed by the agent institution in other HVCRE exposures and reciprocal ‘‘Allowance for credit losses on loans network member banks.’’ The terms deposits. and leases’’ and ‘‘Provisions for credit ‘‘agent institution,’’ ‘‘deposit placement Specifically, the revisions to the FR losses for all applicable financial network,’’ ‘‘covered deposit,’’ and Y–9C report provided that (i) assets.’’ ‘‘network member bank,’’ all of which respondents are permitted to report To further address the broader scope are used in the definition of ‘‘reciprocal brokered deposits (in Schedule HC–E of financial assets for which allowances deposit,’’ also are defined in section Memorandum items 1 and 2) in a will be calculated under ASU 2016–13, 202. manner consistent with the provisions the Board revised the FR 2314/S, FR In particular, an ‘‘agent institution’’ is of EGRRCPA,15 but also may choose to 2886b, FR Y–7N/NS, and the FR Y–11/ an FDIC-insured depository institution continue to report brokered deposits in S report to change the title caption from that meets at least one of the following a manner consistent with the current Changes in Allowance for Loan and criteria: instructions to the FR Y–9C and (ii) Lease Losses’’ to ‘‘Changes in • The institution is well-capitalized respondents are permitted to apply a Allowances for Credit Losses’’ and and has a composite condition of heightened risk weight only to those added three columns titled: ‘‘outstanding’’ or ‘‘good’’ when most • Column A: Loans and leases; recently examined under section 10(d) HVCRE exposures (in Schedule HC–R, • Column B: Held-to-maturity debt of the FDI Act (12 U.S.C. 1820(d)); Part II, items 4.b, 5.b and 7) they believe securities; • The institution has obtained a meet the definition of HVCRE ADC • Column C: Available-for-sale debt waiver from the FDIC to accept, renew, Loan, but also may choose to continue securities. or roll over brokered deposits pursuant to report and risk weight HVCRE to section 29(c) of the FDI Act (12 U.S.C. exposures in a manner consistent with EGRRCPA Adopted FR Y–9C Report 1831f(c)); or Revisions • The institution does not receive 15 Although the EGRRCPA provision relating to On September 28, 2018, the Board, reciprocal deposits in an amount that is reciprocal deposits and the risk-weighting of 12 HVCRE applies only to depository institutions, the pursuant to its delegated authority, Board revised the FR Y–9C to permit HCs to report 13 See 83 FR 48990 (September 28, 2018). HVCRE in a manner consistent with their 12 5 CFR Pt. 1320, Appx. A(a)(3)(i)(A). 14 See 5 CFR Pt. 1320, Appx. A(a)(3)(i)(B). subsidiary depository institutions.

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the previous instructions to the FR Y– • Total qualifying capital allowable • Total risk-weighted assets. 9C. under risk-based capital guidelines; Schedule RC–D, Trading Assets and • Total risk-weighted assets and Other Adopted Revisions Liabilities credit equivalent amounts of off-balance Revisions to the FR Y–9C sheet items; and The Board changed the reporting • Credit equivalent amounts of off- threshold for filing Schedule RC–D to On the Notes to the Income balance-sheet items. Edges with total trading assets of $10 Statement—Predecessor Financial In October of 2013, the Board and the million or more in any of the four Items, the Board added footnote to line OCC published the revised capital rules preceding calendar quarters, from the item 6, Realized gains (losses) on HTM in the Federal Register 18 (The FDIC current threshold of $2 million. The and AFS securities to instruct HCs to published its own identical rules). The Board no longer needs the information include realized and unrealized holding revised capital rules updated Regulation reported in this schedule from Edges gains and losses in this item in order to Q—Capital Adequacy of Bank Holding with a lesser amount of trading assets. implement the accounting change Companies, Savings and Loan Holding pertaining to equity securities under Changes in accounting for equity Companies, and State Member Banks ASU No. 2016–01, ‘‘Recognition and investments not held for trading (12 CFR 217). As a result of this update, Measurement of Financial Assets and the concept of risk-based capital rules in In January 2016, the FASB issued Financial Liabilities’’). This change is Regulation Q replaced the concept of ASU No. 2016–01, ‘‘Recognition and consistent with the changes to the Call capital adequacy guidelines. Since Measurement of Financial Assets and Report 16 and the FR Y–9C 17 report that banking Edge corporations are subject to Financial Liabilities.’’ The Board became effective March 31, 2018. This capital adequacy guidelines under revised the FR 2886b report form and change is effective March 31, 2019. instructions to account for the changes Regulation K, and the concept of capital to U.S. GAAP set forth in ASU 2016–01 Revisions to the FR 2886b adequacy guidelines in Regulation K that are consistent with the changes was replaced by the concept of risk- Effective March 31, 2019, the Board made to the Call Report.20 These revised based capital rules in Regulation Q, adopted a number of revisions to the FR reporting requirements are effective for banking Edge Corporations were now 2886b reporting requirements, most of different sets of respondents as those subject to risk-based capital rules under which align with changes implemented respondents become subject to the ASU. Regulation Q. on the Call Report. The changes include: Institutions that are public business From August of 2013 to February of • Revisions to Schedule RC–R, entities, as defined in U.S. GAAP, are 2015, the Board, in conjunction with the Regulatory Capital, for banking Edge subject to ASU 2016–01 for fiscal years OCC and the FDIC, published initial and Corporations; beginning after December 15, 2017, final notices in the Federal Register to • Revisions to the eligibility criteria including interim periods within those revise Call Report Schedule RC–R, for reporting Schedule RC–D, Trading fiscal years. ASU 2016–01is effective for Regulatory Capital, to align with the Assets and Liabilities; fiscal years beginning after December revised capital rules under Regulation • Revisions to address changes in 15, 2018, and interim periods within Q.19 As a result, Call Report Schedule accounting for equity investments not fiscal years beginning after December RC–R, Part I, Regulatory Capital held for trading; and 15, 2019. The period over which Components and Ratios, and Part II, • Revisions to the reporting of equity institutions will be implementing this Risk-Weighted Assets, were revised as investments accounted for under the ASU ranges from the first quarter of of March 2014 and March 2015, equity method of accounting. 2019 through the fourth quarter of 2020. respectively. The FR 2886b Schedule December 31, 2020, will be the first Schedule RC–R, Regulatory Capital (for RC–R was not updated at this time to quarter-end FR 2886b report date as of banking Edge Corporations) reflect the revised capital rules. which all institutions would be required The Board removed all six existing Effective January 1, 1993, banking to prepare their FR 2886b in accordance items on FR 2886b Schedule RC–R, and Edge Corporations became subject to with ASU 2016–01 and the revised replaced them with four items that capital adequacy guidelines under reporting requirements. section 211.12(c) of Regulation K, correspond to the risk-based capital The changes to the accounting for International Banking Operations (12 rules under Regulation Q. The revisions equity investments under ASU 2016–01 CFR 211). According to Regulation K, are similar to the revisions made on Call will affect several existing data items in banking Edge Corporations must Report Schedule RC–R, albeit the FR 2886b. One outcome of the maintain a minimum total capital to concerning fewer items. The Board change in accounting for equity total risk-weighted assets ratio of at least believes these four items sufficiently investments under ASU 2016–01 is the 10 percent, of which at least 50 percent assess risk-based capital adequacy for elimination of the concept of AFS must consist of Tier 1 capital. In order banking Edge Corporations, and better equity securities, which are measured at to assess compliance with the capital align with the risk-based capital rules fair value on the balance sheet with requirements of Regulation K, banking under Regulation Q. Specifically, the changes in fair value recognized through Edge Corporations file FR 2886b Board added the following items to FR other comprehensive income. At 2886b Schedule RC–R: Schedule RC–R, which currently • present, the historical cost and fair consists of six items: Tier 1 Capital allowable under value of AFS equity securities, i.e., • Tier 1 capital allowable under the Regulation Q; investments in mutual funds and other • Tier 2 Capital allowable under risk-based capital guidelines; equity securities with readily Regulation Q; • Tier 2 capital allowable under the determinable fair values that are not • Total Capital allowable under risk-based capital guidelines; held for trading, are reported in FR Regulation Q; and • Subordinated debt allowable as Tier 2886b Schedule RC–B (Securities), item 2; 3, columns C and D, respectively. The 18 See 78 FR 62018 (October 11, 2013). 19 See 78 FR 48934 (August 12, 2013), 79 FR 2527 total fair value of AFS securities, which 16 See 83 FR 939 (February 7, 2018). (January 14, 2014), 79 FR 35634 (June 23, 2014), 17 See 83 FR 12395 (March 21, 2018). and 80 FR 5618 (February 2, 2015). 20 See 83 FR 939 (January 8, 2018).

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includes both debt and equity securities, At present, AFS equity securities and that item 8.b is to be completed only by is then carried forward to the FR 2886b equity investments without readily institutions that have adopted ASU balance sheet and reported in Schedule determinable fair values are included in 2016–01. Institutions that have not RC, item 2. the quarterly averages reported in adopted ASU 2016–01 would leave item At present, the accumulated balance Schedule RC–K. Institutions report the 8.b blank when completing Schedule RI. of the unrealized gains (losses) on AFS quarterly average of its total securities in Finally, from March 31, 2019, through equity securities, net of applicable item 7 of this schedule and this average September 30, 2020, the instructions for income taxes, that have been recognized reflects AFS equity securities at fair Schedule RI, item 6, ‘‘Realized gains through other comprehensive income is value and equity investments without (losses) on securities not held in trading included in AOCI, which is reported in readily determinable fair values at accounts,’’ and the reporting form for the equity capital section of the FR historical cost (item 7 is total assets; Schedule RI include guidance stating 2886b balance sheet in Schedule RC, there is no breakout for securities on that, for institutions that have adopted item 24. With the elimination of AFS Schedule RC–K on the FR 2886b). ASU 2016–01, item 6 includes realized equity securities on the effective date of The Board has considered the changes gains (losses) only on AFS debt ASU 2016–01, the net unrealized gains to the accounting for equity investments securities. Effective December 31, 2020, (losses) on these securities that had been under ASU 2016–01 and the effect of the caption for item 6 would be revised included in AOCI will be reclassified these changes on the manner in which to ‘‘Realized gains (losses) on available- (transferred) from AOCI into the data on equity securities and other for-sale debt securities.’’ retained earnings component of equity equity investments are currently capital, which is reported on the FR reported in the FR 2886b, which has Schedule RC 2886b balance sheet in Schedule RC, been described above. Accordingly, the In Schedule RC, Balance Sheet, item item 23. After the effective date, changes revisions to the FR 2886b report form 2, ‘‘Securities,’’ has been split into three in the fair value of (i.e., the unrealized and instructions to address the equity items: Item 2.a: ‘‘Held-to-maturity gains and losses on) an institution’s securities accounting changes are as securities, net of allowance for credit equity securities that would have been follows: losses,’’ item 2.b: ‘‘Available-for-sale classified as AFS had the previously Schedule RI securities not held for trading,’’ and 2.c: applicable accounting standards To provide transparency to the effect ‘‘Equity securities with readily remained in effect will be recognized determinable fair values not held for through net income rather than other of unrealized gains and losses on equity securities not held for trading on an trading,’’ effective March 31, 2019. From comprehensive income. March 31, 2019, through September 30, The effect of the elimination of AFS institution’s net income during the year- 2020, the instructions for item 2.c and equity securities as a distinct asset to-date reporting period in Schedule RI, the reporting form for Schedule RC category upon institutions’ Income Statement, and to clearly include guidance stating that item 2.c is implementation of ASU 2016–01 carries distinguish these gains and losses from to be completed only by institutions that over to the agencies’ regulatory capital the rest of an institution’s income (loss) have adopted ASU 2016–01. Institutions rules. Under these rules, institutions from its continuing operations, that have not adopted ASU 2016–01 that are eligible to and have elected to Schedule RI, item 8, was revised make the AOCI opt-out election deduct effective March 31, 2019, by creating would leave item 2.c blank. During this net unrealized losses on AFS equity new items 8.a, ‘‘Income (loss) before period, the instructions for items 2.a securities from common equity tier 1 unrealized holding gains (losses) on and 2.b explain that institutions that capital and include 45 percent of pretax equity securities not held for trading, have adopted ASU 2016–01 should net unrealized gains on AFS equity applicable income taxes, and include only debt securities in these securities in tier 2 capital. When ASU discontinued operations,’’ and 8.b, items. Effective December 30, 2020, the 2016–01 takes effect and the ‘‘Unrealized holding gains (losses) on caption for item 2.a will be revised to classification of equity securities as AFS equity securities not held for trading.’’ ‘‘Held-to-maturity debt securities, net of is eliminated for accounting and In addition to unrealized holding gains allowance for credit losses,’’ and the reporting purposes under U.S. GAAP, (losses) during the year-to-date reporting caption for item 2.b will be revised to the concept of unrealized gains and period on such equity securities with ‘‘Available-for-sale debt securities not losses on AFS equity securities will readily determinable fair values, held for trading.’’ All institutions would likewise cease to exist. institutions will also report in new item report their holdings of equity securities Another outcome of the change in 8.b the year-to-date changes in the with readily determinable fair values accounting for equity investments under carrying amounts of equity investments not held for trading in item 2.c. ASU 2016–01 is that equity securities without readily determinable fair values In Schedule RC, item 8, Other Assets, and other equity investments without not held for trading (i.e., unrealized the instructions were revised to add readily determinable fair values that are holding gains (losses) for those language stating institutions that have within the scope of ASU 2016–01 and measured at fair value through earnings; adopted ASU 2016–01 should report are not held for trading must be impairment, if any, plus or minus ‘‘equity investments without readily measured at fair value through net changes resulting from observable price determinable fair values’’ at fair value, income, rather than at cost (less changes for those equity investments for effective March 31, 2019. Institutions impairment, if any), unless the which this measurement election is that have not adopted ASU 2016–01 measurement election described above made). Existing Schedule RI, item 8, will continue to report ‘‘equity is applied to individual equity ‘‘Income (loss) before applicable income securities that do not have readily investments. In general, institutions taxes and discontinued operations,’’ has determinable fair values’’ at historical currently report their holdings of such been renumbered as item 8.c, and is cost. The types of equity securities and equity securities without readily equal to the sum of items 8.a and 8.b. other equity investments currently determinable fair values as a category of From March 31, 2019, through reported in item 8 continue to be other assets in FR 2886b Schedule RC, September 30, 2020, the instructions for reported in this item. However, after the item 8 (item 8 is the total amount of an item 8.b and the reporting form for effective date of ASU 2016–01, the institution’s other assets). Schedule RI include guidance stating securities the institution reports in item

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8 is measured in accordance with the U.S.C. 1844(c)), section 10 of Home supervisory process, certain information ASU. Owners’ Loan Act (12 U.S.C. 1467a(b)) may be afforded confidential treatment and section 618 of the Dodd-Frank Wall pursuant to exemption 8 of FOIA (5 Schedule RC–B Street Reform and Consumer Protection U.S.C. 552(b)(8)). Individual In Schedule RC–B, item 3, ‘‘Equity Act (Dodd-Frank Act) (12 U.S.C. respondents may request that certain interest in nonrelated organizations,’’ 1850a(c)(1)), and section 165 of the data be afforded confidential treatment will be removed effective December 30, Dodd-Frank Act (12 U.S.C. 5365). These pursuant to exemption 4 of FOIA if the 2020. From March 31, 2019, through reports are mandatory. data has not previously been publically September 30, 2020, the instructions for With respect to the FR Y–9LP, FR Y– disclosed and the release of the data item 3 and the reporting form for 9SP, FR Y–9ES, FR Y–9CS, as well as would likely cause substantial harm to Schedule RC–B include guidance stating most items on the FR Y–9C, the the competitive position of the that item 3 is to be completed only by information collected would generally respondent (5 U.S.C. 552(b)(4)). institutions that have not adopted ASU not be accorded confidential treatment. Additionally, individual respondents 2016–01. Institutions that have adopted If confidential treatment is requested by may request that personally identifiable ASU 2016–01 will leave item 3 blank. a respondent, the Board will review the information be afforded confidential Investments Accounted for Under the request to determine if confidential treatment pursuant to exemption 6 of Equity Method of Accounting treatment is appropriate. FOIA if the release of the information With respect to the FR Y–9C, would constitute a clearly unwarranted The instructions for Schedule RC–B, Schedule HI’s item 7(g) ‘‘FDIC deposit invasion of personal privacy (5 U.S.C. item 3, ‘‘Equity interest in nonrelated insurance assessments,’’ Schedule HC– 552(b)(6)). The applicability of FOIA organizations,’’ currently state to P’s item 7(a) ‘‘Representation and exemptions 4 and 6 would be include investments that represent 20 warranty reserves for 1–4 family determined on a case-by-case basis. percent to 50 percent of the voting residential mortgage loans sold to U.S. Legal authorization and shares of an organization accounted for government agencies and government confidentiality (FR Y–8). The FR Y–8 is under the equity method of accounting, sponsored agencies,’’ and Schedule HC– mandatory for respondents that control and these investments are reported as P’s item 7(b) ‘‘Representation and an insured depository institution that either held-to-maturity or available-for- warranty reserves for 1–4 family has engaged in covered transactions sale. Upon review, it was determined residential mortgage loans sold to other with an affiliate during the reporting this treatment is not in compliance with parties’’ are considered confidential. period. Section 5(c) of the BHC Act U.S. GAAP, as investments accounted Such treatment is appropriate because authorizes the Board to require BHCs to for under the equity method of the data is not publicly available and file the FR Y–8 reporting form with the accounting should not be classified as could cause substantial harm to the either held-to-maturity or available-for- competitive position of the respondent. Board (12 U.S.C. 1844(c)). Section sale. Guidance on securities accounted The public release of this confidential 10(b)(2) of the Home Owners’ Loan Act for under the equity method is provided data may impair the Board’s future authorizes the Board to require SLHCs in ASC Subtopic 323–10, Investments— ability to collect similarly confidential to file the FR Y–8 reporting form with Equity Method and Joint Ventures— data. Thus, this information may be kept the Board (12 U.S.C. 1467a(b)(2)). The Overall. To become U.S. GAAP confidential under exemptions (b)(4) of release of data collected on this form compliant and to align with the the Freedom of Information Act (FOIA), includes financial information that is reporting on the Call Report, the Board which exempts from disclosure ‘‘trade not normally disclosed by respondents, revised the instructions to indicate secrets and commercial or financial the release of which would likely cause investments that represent 20 percent to information obtained from a person and substantial harm to the competitive 50 percent of the voting shares of an privileged or confidential’’ (5 U.S.C. position of the respondent if made organization accounted for under the 552(b)(4)), and (b)(8) of FOIA, which publicly available. The data collected on equity method of accounting should no exempts from disclosure information this form, therefore, would be kept longer be included in Schedule RC–B, related to examination, operating, or confidential under exemption 4 of FOIA item 3, but rather included in Schedule condition reports prepared by, on behalf which protects from disclosure trade RC, item 8, ‘‘Other assets.’’ of, or for the use of an agency secrets and commercial or financial In addition, Schedule RC–B, item 3, responsible for the regulation or information (5 U.S.C. 552(b)(4)). columns A and B, Amortized Cost and supervision of financial institutions (5 Legal authorization and Fair Value of Held-to-maturity equity U.S.C. 552(b)(8)). If confidential confidentiality (FR Y–11 family of interest in nonrelated organizations, treatment is requested by a respondent reports). The Board has the authority to respectively, would be discontinued for other items in the FR Y–9C, the require BHCs and any subsidiary effective March 31, 2019, as these items Board will review the request to thereof, SLHCs and any subsidiary are no longer needed by the Board. determine if confidential treatment is thereof, and SHCs and any affiliate Columns C and D, Amortized Cost and appropriate. thereof to file the FR Y–11 pursuant to, Fair value of Available-for-sale Legal authorization and respectively, section 5(c) of the BHC Act securities, would remain on the form confidentiality (FR Y–7N family of (12 U.S.C. 1844(c)), section 10(b) of the and continue to be collected until reports). With respect to FBOs and their Homeowners’ Loan Act (12 U.S.C. December 31, 2020, when all subsidiary IHCs, section 5(c) of the BHC 1467a(b)), and section 618 of the Dodd- institutions must comply with ASU Act, in conjunction with section 8 of the Frank Act (12 U.S.C. 1850a). With 2016–01 (see description of revisions International Banking Act (12 U.S.C. respect to FBOs and their subsidiary due to ASU 2016–01 for more 3106), authorizes the board to require IHCs, section 5(c) of the BHC Act, in information). FBOs and any subsidiary thereof to file conjunction with section 8 of the Legal authorization and the FR Y–7N reports, and the FR Y–7Q. International Banking Act (12 U.S.C. confidentiality (FR Y–9 family of Information collected in these reports 3106), authorizes the board to require reports): The FR Y–9 family of reports generally is not considered confidential. FBOs and any subsidiary thereof to file is authorized by section 5(c) of the Bank However, because the information is the FR Y–11 reports. These reports are Holding Company Act (BHC Act) (12 collected as part of the Board’s mandatory.

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Information collected in these reports Information collected in these reports providing the information and thus this generally is not considered confidential. generally is not considered confidential. information may be protected from However, because the information is However, because the information is disclosure under FOIA exemption 4. collected as part of the Board’s collected as part of the Board’s With regard to the remaining data supervisory process, certain information supervisory process, certain information items on the FR 2320, the Board has may be afforded confidential treatment may be afforded confidential treatment determined that institutions may pursuant to exemption 8 of FOIA (5 pursuant to exemption 8 of FOIA (5 request confidential treatment for any U.S.C. 552(b)(8)). Individual U.S.C. 552(b)(8)). Individual FR 2320 data item or for all FR 2320 respondents may request that certain respondents may request that certain data items, and that confidential data be afforded confidential treatment data be afforded confidential treatment treatment will be reviewed on a case-by- pursuant to exemption 4 of FOIA if the pursuant to exemption 4 of FOIA if the case basis. data has not previously been publically data has not previously been publically Legal authorization and disclosed and the release of the data disclosed and the release of the data confidentiality (FR 2644). The FR 2644 would likely cause substantial harm to would likely cause substantial harm to is authorized by section 2A and 11(a)(2) the competitive position of the the competitive position of the of the Federal Reserve Act (12 U.S.C. respondent (5 U.S.C. 552(b)(4)). respondent (5 U.S.C. 552(b)(4)). 225(a) and 248(a)(2)) and by section Additionally, individual respondents Additionally, individual respondents 7(c)(2) of the International Banking Act may request that personally identifiable may request that personally identifiable (12 U.S.C. 3105(c)(2)) and is voluntary. information be afforded confidential information be afforded confidential Individual respondent data are regarded treatment pursuant to exemption 6 of treatment pursuant to exemption 6 of as confidential under FOIA (5 U.S.C. FOIA if the release of the information FOIA if the release of the information 552(b)(4)). would constitute a clearly unwarranted would constitute a clearly unwarranted Legal authorization and invasion of personal privacy (5 U.S.C. invasion of personal privacy (5 U.S.C. confidentiality (FR 2886b). Sections 25 552(b)(6)). The applicability of FOIA 552(b)(6)). The applicability of FOIA and 25A of the Federal Reserve Act exemptions 4 and 6 would be exemptions 4 and 6 would be authorize the Board to collect the FR determined on a case-by-case basis. determined on a case-by-case basis. Legal authorization and 2886b (12 U.S.C. 602, 625). The FR Legal authorization and confidentiality (FR 2320). The Board has 2886b is mandatory. The information confidentiality (FR 2248). The Board has the authority to require SLHCs to file collected on this report is generally not determined that the FR 2248 is the FR 2320 pursuant to the Home considered confidential. However, authorized by law pursuant to section Owners’ Loan Act (12 U.S.C. information provided on Schedule RC– 2A of the Federal Reserve Act (12 U.S.C. 1467a(b)(2)). The FR 2320 is mandatory M (with the exception for item 3) and 225a). The obligation to respond is for exempt SLHCs. In some cases, lower- on Schedule RC–V, both of which voluntary. Individual respondent data tier SLHCs may voluntarily file the FR pertain to claims on and liabilities to are confidential under section (b)(4) of 2320. In other cases lower-tier SLHCs related organizations, may be exempt FOIA (5 U.S.C. 552). may be required to file (in addition to from disclosure pursuant to exemption Legal authorization and the top-tier SLHC) for safety and (b)(4) of FOIA (5 U.S.C. 552(b)(4)). The confidentiality (FR 2314 family of soundness purposes at the discretion of information provided in the Patriot Act reports). The Board has the authority to the appropriate Federal Reserve Bank. Contact Information section of the require BHCs and any subsidiary The Board also has determined that reporting form may be exempt from thereof, SLHCs and any subsidiary data items C572, C573, and C574 (line disclosure pursuant to exemption thereof, and SHCs and any affiliate items 24, 25, and 26) may be protected (b)(7)(C) of FOIA (5 U.S.C. 552(b)(7)(C)). thereof to file the FR 2314 pursuant to, from disclosure under exemption 4 of Current Actions: On December 12, respectively, section 5(c) of the BHC Act FOIA. Commercial or financial 2018, the Board published a notice in (12 U.S.C. 1844(c)), section 10(b) of the information may be protected from the Federal Register (83 FR 63870) Homeowners’ Loan Act (12 U.S.C. disclosure under exemption 4 if requesting public comment for 60 days 1467a(b)), and section 618 of the Dodd- disclosure of such information is likely on the extension, with revision, of the Frank Act (12 U.S.C. 1850a). The Board to cause substantial competitive harm to FR Y–9C, FR Y–9LP, FR Y–9SP, FR Y– has the authority to require SMBs, the provider of the information (5 U.S.C. 9ES, FR Y–9CS, FR Y–7N, FR Y–7NS, agreement corporations, and Edge 552(b)(4)). The data items listed above FR Y–7Q, FR Y–8, FR Y–11, FR Y–11S, corporations to file the FR 2314 pertain to new or changed pledges, or FR 2248, FR 2314, FR 2314S, FR 2320, pursuant to, respectively, sections 9(6), capital stock of any subsidiary savings FR 2644, and FR 2886b. The comment 25(7), and 25A(17) of the Federal association that secures short-term or period for this notice expired on Reserve Act (12 U.S.C. 324, 602, and long-term debt or other borrowings of February 11, 2019. The Board did not 625). With respect to FBOs and their the SLHC; changes to any class of receive any comments. The revisions subsidiary IHCs, section 5(c) of the BHC securities of the SLHC or any of its will be implemented as proposed. Act, in conjunction with section 8 of the subsidiaries that would negatively Board of Governors of the Federal Reserve International Banking Act (12 U.S.C. impact investors; and defaults of the System, March 22, 2019. 3106), authorizes the board to require SLHC or any of its subsidiaries during Michele Taylor Fennell, FBOs and any subsidiary thereof to file the quarter. Disclosure of this type of Assistant Secretary of the Board. the FR 2314 reports. These reports are information is likely to cause substantial mandatory. competitive harm to the SLHC Appendix A

EFFECTIVE DATES FOR ASU 2016–13

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

PBEs That Are SEC Filers...... Fiscal years beginning after 12/15/2019, including interim periods 03/31/2020. within those fiscal years.

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EFFECTIVE DATES FOR ASU 2016–13—Continued

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

Other PBEs (Non-SEC Filers) ...... Fiscal years beginning after 12/15/2020, including interim periods 03/31/2021. within those fiscal years. Non-PBEs ...... Fiscal years beginning after 12/15/2020, and interim periods for fiscal 12/31/2021.22 years beginning after 12/15/202121. Early Application ...... Early application permitted for fiscal years beginning after 12/15/ First calendar quarter-end after ef- 2018, including interim periods within those fiscal years. fective date of early application of the ASU. * For institutions with calendar fiscal year-ends and reports with quarterly report dates.

For additional information on key elements year fiscal year that is not a PBE must first amortized cost. At subsequent reporting of the new accounting standard and initial apply the new credit losses standard in its FR dates, the allowance will be reassessed for a supervisory views with respect to 2248, FR 2314, FR 2320, FR 2886b, FR Y–7N, level that is appropriate as determined in measurement methods, use of vendors, FR Y–8, FR Y–9C, FR Y–9LP, FR Y–9SP, and accordance with CECL. The allowance for portfolio segmentation, data needs, FR Y–11 for December 31, 2021, if the credit losses under CECL is a valuation qualitative adjustments, and allowance institution is required to file such form.25 account, measured as the difference between processes, refer to the agencies’ Joint The FR 2644 reporters must first apply the the financial assets’ amortized cost basis and Statement on the New Accounting Standard new credit losses standard January 5, 2022. the amount expected to be collected on the on Financial Instruments—Credit Losses However, where applicable, institutions financial assets, i.e., lifetime expected credit issued on June 17, 2016, and Frequently would include the CECL provision for losses. Asked Questions on the New Accounting expected credit losses for the entire year Standard on Financial Instruments—Credit ended December 31, 2021, in the income Reduction in the Number of Credit Losses (CECL FAQs), which were last statement in its report for year-end 2021. The Impairment Models updated on September 6, 2017.23 institution would also recognize in its year- Impairment measurement under existing For institutions that are PBEs and also are end 2021 report a cumulative-effect U.S. GAAP has often been considered SEC filers, as both terms are defined in U.S. adjustment to the beginning balance of complex because it encompasses five credit GAAP, the new credit losses standard is retained earnings as of January 1, 2021, impairment models for different financial effective for fiscal years beginning after resulting from the adoption of the new assets.26 In contrast, CECL introduces a December 15, 2019, including interim standard as of the beginning of the 2021 single measurement objective to be applied to periods within those fiscal years. Thus, for an fiscal year. all financial assets carried at amortized cost, SEC filer that has a calendar year fiscal year, For regulatory reporting purposes, early including loans held-for-investment (HFI) the standard is effective January 1, 2020, and application of the new credit losses standard and held-to-maturity (HTM) debt securities. institutions must first apply the new credit will be permitted for all institutions for fiscal That said, CECL does not specify a single losses standard in its FR 2314, FR 2320, FR years beginning after December 15, 2018, method for measuring expected credit losses; 2886b, FR Y–7N, FR Y–8, FR Y–9C, FR Y– including interim periods within those fiscal rather, it allows any reasonable approach, as 9LP and the FR Y–11 report for the quarter years. long as the estimate of expected credit losses ended March 31, 2020. For the FR 2248, FR achieves the objective of the FASB’s new 2644 and the FR Y–9SP reporters must first Appendix B—U.S. GAAP Changes as a accounting standard. Under the existing apply the new credit losses standard January Result of CECL incurred loss methodology, institutions use 31, 2020, January 1, 2020 and June 30, 2020, various methods, including historical loss Introduction of a New Credit Loss rate methods, roll-rate methods, and respectively. Methodology For a PBE that is not an SEC filer, the discounted cash flow methods, to estimate credit losses standard is effective for fiscal The new accounting standard developed credit losses. CECL allows the continued use years beginning after December 15, 2020, by the FASB has been designed to replace the of these methods; however, certain changes including interim periods within those fiscal existing incurred loss methodology in U.S. to these methods will need to be made in years. Thus, for a PBE that is not an SEC filer GAAP. Under CECL, the allowance for credit order to estimate lifetime expected credit and has a calendar year fiscal year, the losses is an estimate of the expected credit losses. standard is effective January 1, 2021, and the losses on financial assets measured at amortized cost, which is measured using Purchased Credit-Deteriorated (PCD) institution must first apply the new credit Financial Assets losses standard in its FR 2314, FR 2320, FR relevant information about past events, 2886b, FR Y–7N, FR Y–8, FR Y–9C, FR Y– including historical credit loss experience on CECL introduces the concept of PCD 9LP and the FR Y–11 for the quarter ended financial assets with similar risk financial assets, which replaces purchased March 31, 2021. For the FR 2248, FR 2644 characteristics, current conditions, and credit-impaired (PCI) assets under existing and the FR Y–9SP reporters must first apply reasonable and supportable forecasts that U.S. GAAP. The differences in the PCD the new credit losses standard, January 31, affect the collectability of the remaining cash criteria compared to the existing PCI criteria 2021, January 6, 2021, and June 30, 2021, flows over the contractual term of the will result in more purchased loans HFI, respectively. financial assets. In concept, an allowance HTM debt securities, and available-for-sale For an institution that is not a PBE, the will be created upon the origination or (AFS) debt securities being accounted for as credit losses standard is effective for fiscal acquisition of a financial asset measured at PCD financial assets. In contrast to the years beginning after December 15, 2020, and existing accounting for PCI assets, the new for interim period financial statements for date provisions in ASU 2016–13 for entities that are standard requires the estimate of expected fiscal years beginning after December 15, not PBEs (non-PBEs) so that the credit losses 2021.24 Thus, an institution with a calendar standard would be effective for non-PBEs for fiscal 26 Current U.S. GAAP includes five different years beginning after December 15, 2021, including credit impairment models for instruments within interim periods within those fiscal years. the scope of CECL: ASC Subtopic 310–10, 21 See Footnote 23. 25 If the FASB issues a final Accounting Receivables-Overall; ASC Subtopic 450–20, 22 See Footnote 24. Standards Update amending the transition and Contingencies-Loss Contingencies; ASC Subtopic 23 The CECL FAQs and a related link to the joint effective date provisions in ASU 2016–13 as 310–30, Receivables-Loans and Debt Securities statement can be found on the Board’s website: described in footnote 23, a non-PBE with a calendar Acquired with Deteriorated Credit Quality; ASC https://www.federalreserve.gov/supervisionreg/ year fiscal year would first apply the new credit Subtopic 320–10, Investments—Debt and Equity srletters/sr1708a1.pdf;. losses standard in its reports for March 31, 2022, Securities—Overall; and ASC Subtopic 325–40, 24 On August 20, 2018, FASB issued a proposed if an institution is required to file these report Investments-Other-Beneficial Interests in ASU that would amend the transition and effective forms. Securitized Financial Assets.

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credit losses embedded in the purchase price U.S. firefighters. The purpose of the and other sources. CDC is further of PCD assets to be estimated and separately Registry will be to collect health and required to ensure that data and recognized as an allowance as of the date of occupational information for the analyses in the Registry are available to acquisition. This is accomplished by grossing purpose of determining cancer the public, as appropriate, subject to up the purchase price by the amount of incidence. CDC is seeking input on expected credit losses at acquisition, rather relevant Federal and state privacy than being reported as a credit loss expense. approaches to maximizing firefighter protections such as de-identification of As a result, as of acquisition date, the participation in the Registry and personally identifiable information. amortized cost basis of a PCD financial asset coordination of data collection. CDC is considering three different is equal to the principal balance of the asset DATES: Comments must be received by strategies to recruit participants into the less the non-credit discount, rather than May 28, 2019. Registry, as described below. Each equal to the purchase price as is currently ADDRESSES: Comments may be approach has strengths and limitations, recorded for PCI loans. submitted electronically, through the and it may be necessary for CDC to use AFS Debt Securities Federal eRulemaking Portal: http:// a combination of all three strategies in The new accounting standard also modifies www.regulations.gov, or by sending a order to reach reliable conclusions the existing accounting practices for hard copy to the NIOSH Docket Office, applicable to the general population of impairment on AFS debt securities. Under Robert A. Taft Laboratories, MS–C34, firefighters as well as specific this new standard, institutions will recognize 1090 Tusculum Avenue, Cincinnati, OH subgroups. Each approach proposed a credit loss on an AFS debt security through 45226. All written submissions received below will require obtaining informed an allowance for credit losses, rather than a must include the agency name (Centers consent from every firefighter who direct write-down as is required by current for Disease Control and Prevention, agrees to participate in the Registry, U.S. GAAP. The recognized credit loss is HHS) and docket number (CDC–2019– prior to the collection of data. The limited to the amount by which the informed consent document would amortized cost of the security exceeds fair 0022; NIOSH–326) for this action. All value. A write-down of an AFS debt relevant comments, including any describe the purpose of the Registry; security’s amortized cost basis to fair value, personal information provided, will be how health, occupational, and contact with any incremental impairment reported in posted without change to http:// information will be maintained, earnings, would be required only if the fair www.regulations.gov. updated, and potentially used; the value of an AFS debt security is less than its FOR FURTHER INFORMATION CONTACT: privacy protections afforded by amortized cost basis and either (1) the applicable Federal laws and procedures institution intends to sell the debt security, Rachel Weiss, Program Analyst, 1090 Tusculum Avenue, MS: C–48, to protect such data; and other relevant or (2) it is more likely than not that the information. institution will be required to sell the Cincinnati, OH 45226; telephone (855) security before recovery of its amortized cost 818–1629 (this is a toll-free number); Recruitment Strategy Options basis. email [email protected]. 1. Convenience Sampling—Open Although the measurement of credit loss SUPPLEMENTARY INFORMATION: The allowances is changing under CECL, the Firefighter Cancer Registry Act of 2018 Enrollment FASB’s new accounting standard does not (42 U.S.C. 280e-5) requires that CDC CDC would develop a secure web address when a financial asset should be develop and maintain a voluntary portal to allow current and former placed in nonaccrual status. Therefore, institutions should continue to apply the registry of firefighters (Registry) to volunteer, paid-on-call, and career agencies’ nonaccrual policies that are improve the nationwide monitoring of firefighters to provide information to the currently in place. In addition, the FASB cancer rates among firefighters and to Registry, including demographic retained the existing write-off guidance in make the resulting epidemiological information, as well as relevant U.S. GAAP, which requires an institution to information and analysis publicly occupational and personal health write off a financial asset in the period the available. In order to develop the history. CDC would consult with fire asset is deemed uncollectible. Registry, CDC is soliciting public service stakeholders on methods to raise [FR Doc. 2019–05933 Filed 3–27–19; 8:45 am] comments from any interested party on awareness and to notify their members BILLING CODE 6210–01–P a strategy for inclusion of firefighters in about the open enrollment web portal. the Registry and to coordinate data An open enrollment design may limit collection activities. the ability of researchers to make DEPARTMENT OF HEALTH AND The National Firefighter Registry will statistical inferences because those who HUMAN SERVICES be constructed primarily for the purpose enroll in this manner may be different of determining cancer incidence and from the general population of Centers for Disease Control and trends among firefighters. Data firefighters. Nevertheless, Registry data Prevention submission will be voluntary. In order from these participants may be helpful to develop an accurate picture of cancer to CDC researchers in generating [Docket No. CDC–2019–0022; NIOSH–326] incidence among the firefighting hypotheses for future research studies. National Firefighter Registry; Request community, the Registry will be Further, this approach would provide for Information designed to collect information on the opportunity for any fire service volunteer, paid-on-call, and career members to participate in the Registry AGENCY: Centers for Disease Control and firefighters, independent of cancer and for CDC researchers to have a quick Prevention, HHS. status or diagnosis. Such information and cost-effective means for cross- ACTION: Request for information. may include basic demographic sectional analysis of characteristics information, number of years and time relevant to firefighter health and safety. SUMMARY: The Centers for Disease period(s) as an active firefighter, number Control and Prevention (CDC) in the of fire incidents attended, details of any 2. Organizations-Level Probability Department of Health and Human cancer diagnosis, additional risk factors Sampling—Recruit Participants Services (HHS) announces the opening such as smoking or drug use, and Through Professional Associations of a docket to obtain information relevant medical history. This CDC would consult with firefighter regarding the development and information will be collected organizations to identify current and maintenance of a voluntary registry of periodically from Registry participants former members who worked during a

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specified time frame (e.g., 2000–2018) Registry, CDC seeks input and advice DEPARTMENT OF HEALTH AND for the purposes of direct solicitation. from all interested stakeholders in HUMAN SERVICES These organizations represent different response to the following questions: Centers for Medicare & Medicaid groups of currently employed (and, in 1. How should CDC define some cases, former) firefighters, Services ‘‘firefighter’’ for the purpose of creating including career and volunteer the Registry? [Document Identifier: CMS–3070G–I, CMS– firefighters; sub-specialties of the fire 10565] service, such as arson investigators, 2. What are the strengths and instructors, wildland firefighters, and weaknesses associated with CDC using Agency Information Collection airport rescue firefighters; and specific a combination of all three of the Activities: Submission for OMB demographic groups, such as minority recruitment and enrollment strategies Review; Comment Request and female firefighters, and volunteer described above? AGENCY: firefighters. This strategy would allow Centers for Medicare & 3. If CDC were to focus on only one Medicaid Services, HHS. CDC to contact members from these or two of the enrollment approaches organizations for voluntary participation ACTION: Notice. described above, which one(s) should be in the Registry. used, and why? SUMMARY: The Centers for Medicare & A strength of this approach is that, Medicaid Services (CMS) is announcing 4. Are there other recruitment and because firefighter organizations reach a an opportunity for the public to vast majority of the firefighter enrollment methods that CDC should comment on CMS’ intention to collect workforce, populations representative of consider? If so, please describe them. information from the public. Under the specific subgroups of firefighters are 5. What are some ways to maximize Paperwork Reduction Act of 1995 more likely to be represented. However, firefighter participation in the Registry? (PRA), federal agencies are required to recruiting participants using this publish notice in the Federal Register method alone may be time-intensive 6. Which under-represented or under- studied groups of firefighters should be concerning each proposed collection of and costly, and could result in a limited information, including each proposed included in the Registry? Are there sample that is not representative of the extension or reinstatement of an existing unique data collection needs that entire population of firefighters. collection of information, and to allow should be considered to allow sufficient 3. Fire Department-Level Probability a second opportunity for public representation of minority, female, and Sampling—Study Population From comment on the notice. Interested Select Fire Departments volunteer firefighters? Are there any persons are invited to send comments other unique characteristics of these CDC would obtain a list of fire regarding the burden estimate or any under-represented or under-studied other aspect of this collection of departments from the U.S. Fire groups that should be considered or Administration’s National Fire information, including the necessity and addressed in the Registry? utility of the proposed information Department Registry and other sources collection for the proper performance of to request identification of current and 7. What are the preferred methods for the agency’s functions, the accuracy of former firefighters who worked during a communicating with firefighters in the estimated burden, ways to enhance specified time frame (e.g., 2000–2018). order to increase awareness of the the quality, utility, and clarity of the CDC would then match the rosters of Registry and to communicate research information to be collected, and the use current and former firefighters against findings? of automated collection techniques or the National Death Index (NDI) to 8. If CDC were to solicit participation other forms of information technology to determine vital status. Living from fire departments, what criteria minimize the information collection individuals would be directly contacted should be used in selecting those burden. (or directed to the web portal) for departments? voluntary recruitment into the Registry. DATES: Comments on the collection(s) of For those firefighters determined to be 9. What are some ways to maximize information must be received by the deceased, the cause of death would be the participation of fire departments in OMB desk officer by April 29, 2019. included in the Registry database. efforts to recruit firefighters? ADDRESSES: When commenting on the This recruitment method would 10. What are strategies that can be proposed information collections, facilitate reaching large numbers of used to recruit volunteer fire please reference the document identifier firefighters by obtaining immediate department members? or OMB control number. To be assured access to fire department rosters of consideration, comments and 11. What are strategies that can be current and former employees. recommendations must be received by Depending on the participation rate, this used to solicit cooperation of fire the OMB desk officer via one of the method could yield a Registry departments for the purpose of following transmissions: OMB, Office of population representative of the general recruiting women and minority Information and Regulatory Affairs, population of firefighters and inclusive firefighters? Attention: CMS Desk Officer, Fax of specific subgroups of firefighters. 12. Do volunteer fire departments Number: (202) 395–5806 OR Email: However, this approach would require retain employment records and fire [email protected]. CDC to obtain approval from individual incident records? To obtain copies of a supporting fire departments and coordination with statement and any related forms for the Dated: March 25, 2019. their personnel systems, in addition to proposed collection(s) summarized in contacting members directly, which Sandra Cashman, this notice, you may make your request may be time-intensive and costly. Executive Secretary, Centers for Disease using one of following: Control and Prevention. 1. Access CMS’ website address at CDC Is Seeking Input From All [FR Doc. 2019–05971 Filed 3–27–19; 8:45 am] website address at https://www.cms.gov/ Interested Stakeholders BILLING CODE 4163–19–P Regulations-and-Guidance/Legislation/ In order to recruit firefighters to PaperworkReductionActof1995/PRA- participate in the National Firefighter Listing.html.

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1. Email your request, including your previously approved collection; Title of Dated: March 25, 2019. address, phone number, OMB number, Information Collection: Initial and William N. Parham, III, and CMS document identifier, to Renewal Model of Care Submissions Director, Paperwork Reduction Staff, Office [email protected]. Off-cycle Submission of Summaries of of Strategic Operations and Regulatory 2. Call the Reports Clearance Office at Model of Care; Use: Section 3205(e) of Affairs. (410) 786–1326. the Affordable Care Act requires that all [FR Doc. 2019–05975 Filed 3–27–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: skilled nursing facilities (SNPs) be BILLING CODE 4120–01–P William Parham at (410) 786–4669. approved by NCQA. This approval is SUPPLEMENTARY INFORMATION: Under the based on NCQA’s evaluation of SNPs’ DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 (PRA) MOC narratives using MOC scoring HUMAN SERVICES (44 U.S.C. 3501–3520), federal agencies guidelines. The Bipartisan Budget Act must obtain approval from the Office of (BBA) of 2018 Section 50311 modified Centers for Medicare & Medicaid Management and Budget (OMB) for each the MOC requirements for C–SNPs in Services collection of information they conduct section 1859 (b)(6)(B)(iii) of the Act. [Document Identifier: CMS–10305] or sponsor. The term ‘‘collection of Specifically, section (B)(iv) requires that information’’ is defined in 44 U.S.C. beginning in 2020 and subsequent years, Agency Information Collection 3502(3) and 5 CFR 1320.3(c) and C–SNPs will submit MOCs annually for Activities: Proposed Collection; includes agency requests or evaluation and approval. Comment Request requirements that members of the public submit reports, keep records, or provide SNPs are a specific type of Medicare AGENCY: Centers for Medicare & information to a third party. Section Advantage coordinated care plan that Medicaid Services, HHS. 3506(c)(2)(A) of the PRA (44 U.S.C. provide targeted care to individuals ACTION: Notice. 3506(c)(2)(A)) requires federal agencies with unique special need. SNPs are to publish a 30-day notice in the required to submit Models of Care SUMMARY: The Centers for Medicare & Federal Register concerning each (MOC) as a component of the Medicare Medicaid Services (CMS) is announcing proposed collection of information, Advantage application process through an opportunity for the public to including each proposed extension or the Health Plan Management System comment on CMS’ intention to collect reinstatement of an existing collection (HPMS). NCQA and CMS will use information from the public. Under the of information, before submitting the information collected in the SNP Paperwork Reduction Act of 1995 (the collection to OMB for approval. To Application HPMS module to review PRA), federal agencies are required to comply with this requirement, CMS is and approve MOC narratives in order publish notice in the Federal Register publishing this notice that summarizes for a Medicare Advantage Organization concerning each proposed collection of the following proposed collection(s) of (MAO) to operate as a new SNP in the information (including each proposed information for public comment: upcoming calendar year(s). This extension or reinstatement of an existing collection of information) and to allow 1. Type of Information Collection information is used by CMS as part of 60 days for public comment on the Request: Extension of a currently the Medicare Advantage SNP approved collection; Title of proposed action. Interested persons are application process. NCQA and CMS Information Collection: ICF/IID Survey invited to send comments regarding our will use information collected in the Report Form and Supporting burden estimates or any other aspect of Renewal Submission section of the Regulations; Use: The information this collection of information, including collected with forms 3070G–I is used to HPMS MOC module to review and the necessity and utility of the proposed determine the level of compliance with approve the MOC narrative in order for information collection for the proper Intermediate Care Facilities for the SNP to receive a new approval performance of the agency’s functions, Individuals with Intellectual Disabilities period and operate in the upcoming the accuracy of the estimated burden, (ICF/IID) CoPs necessary to participate calendar year(s). NCQA and CMS will ways to enhance the quality, utility, and in the Medicare/Medicaid program. use information in the Off-Cycle clarity of the information to be Information needed to monitor the Submission section of the HPMS MOC collected, and the use of automated State’s performance as well as the ICF/ module to review changes made to an collection techniques or other forms of IID program in general, is available to approved MOCs by SNPs. It is the information technology to minimize the CMS only through the use of responsibility of SNPs to notify CMS of information collection burden. information abstracted from the survey significant changes to their MOC in DATES: Comments must be received by report form. The form serves as a coding HPMS. NCQA will conduct a review for May 28, 2019. worksheet designed to facilitate data CMS to determine if the changes made ADDRESSES: When commenting, please entry and retrieval into the Automated to a MOC are consistent with the overall reference the document identifier or Survey Processing Environment Suite approved MOC before SNPs may OMB control number. To be assured (ASPEN) in the State and at the CMS implement the changes. Form Number: consideration, comments and regional offices. Form Number: CMS– CMS–10565 (OMB control number recommendations must be submitted in 3070G–I (OMB control number: 0938– 0938–1296); Frequency: Occasionally; any one of the following ways: 0062); Frequency: Reporting—Yearly; Affected Public: State, Local, and Tribal 1. Electronically. You may send your Affected Public: Business or other for- Governments; Number of Respondents: comments electronically to http:// profits and Not-for-profit institutions; 323; Total Annual Responses: 323; Total www.regulations.gov. Follow the Number of Respondents: 6,100; Total Annual Hours: 1856. (For policy instructions for ‘‘Comment or Annual Responses: 6,100; Total Annual questions regarding this collection Submission’’ or ‘‘More Search Options’’ Hours: 18,300. (For policy questions to find the information collection contact Donna B. Williamson at 410– regarding this collection contact Melissa document(s) that are accepting 786–4647.) Rice at 410–786–3270.) comments. 2. Type of Information Collection 2. By regular mail. You may mail Request: Reinstatement with change of a written comments to the following

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address: CMS, Office of Strategic Centers for Medicare and Medicaid meeting. The Foundation will discuss Operations and Regulatory Affairs, Services (CMS) established reporting its activities and how they support FDA. Division of Regulations Development, requirements for Medicare Part C and DATES: The public meeting will be held Attention: Document Identifier/OMB Part D sponsoring organizations on May 2, 2019, from 10 a.m. until 12 Control Number ll, Room C4–26–05, (Medicare Advantage Organizations noon. Registration to attend the meeting 7500 Security Boulevard, Baltimore, [MAOs], Cost Plans, and Medicare Part must be received by April 30, 2019, at Maryland 21244–1850. D sponsors) under the authority 5 p.m. Eastern Time. Requests for oral To obtain copies of a supporting described in 42 CFR 422.516(a) and presentation must be received before statement and any related forms for the 423.514(a), respectively. Under these April 30, 2019, at 5 p.m. Eastern Time. proposed collection(s) summarized in reporting requirements, each sponsoring See the SUPPLEMENTARY INFORMATION this notice, you may make your request organization must submit Medicare Part section for registration date and using one of following: C, Medicare Part D, or Medicare Part C information. The public is also invited 1. Access CMS’ website address at and Part D data. In order for the to submit written comments by sending website address at https://www.cms.gov/ reported data to be useful for monitoring them via email to Kelly Catterton (see and performance measurement, the data Regulations-and-Guidance/Legislation/ FOR FURTHER INFORMATION CONTACT) PaperworkReductionActof1995/PRA- must be reliable, valid, complete, and before April 30, 2019, at 5 p.m. Eastern Listing.html. comparable among sponsoring Time. 2. Email your request, including your organizations. To maintain the address, phone number, OMB number, independence of the validation process, ADDRESSES: The public meeting will be and CMS document identifier, to sponsoring organizations do not use held at the PEW Charitable Trusts, 901 [email protected]. their own staff to conduct the data E St. NW, Washington, DC 20004. 3. Call the Reports Clearance Office at validation. Sponsoring organizations are FOR FURTHER INFORMATION CONTACT: (410) 786–1326. responsible for hiring external, Kelly Catterton, Executive Assistant to FOR FURTHER INFORMATION CONTACT: independent data validation contractors the Executive Director, Reagan-Udall William N. Parham at (410) 786–4669. (DVCs) who meet a minimum set of Foundation for FDA, 202–849–2255, SUPPLEMENTARY INFORMATION: qualifications and credentials, which [email protected]. CMS outlines in the ‘‘Standards for SUPPLEMENTARY INFORMATION: Contents Selecting Data Validation Contractors’’ This notice sets out a summary of the document. For the retrospective review I. Background use and burden associated with the in 2020, the DVCs will review data The Reagan-Udall Foundation for the following information collections. More submitted by sponsoring organizations FDA is an independent 501(c)(3) not- detailed information can be found in for CY2019. Form Number: CMS–10305 for-profit, organization created by each collection’s supporting statement (OMB control number: 0938–1115); Congress to advance the mission of FDA and associated materials (see Frequency: Yearly; Affected Public: to modernize medical, veterinary, food, ADDRESSES). State, Local, or Tribal Governments; food ingredient, and cosmetic product Number of Respondents: 553; Total CMS–10305 Medicare Part C and Part development; accelerate innovation, and Annual Responses: 553; Total Annual D Data Validation (42 CFR 422.516g enhance product safety. With the Hours: 15,332. (For policy questions and 423.514g) ultimate goal of improving public regarding this collection contact Maria health, the Foundation provides a Under the PRA (44 U.S.C. 3501– Sotirelis at 410–786–0552.) 3520), federal agencies must obtain unique opportunity for different sectors approval from the Office of Management Dated: March 25, 2019. (FDA, patient groups, academia, other and Budget (OMB) for each collection of William N. Parham, III, government entities, and industry) to information they conduct or sponsor. Director, Paperwork Reduction Staff, Office work together in a transparent way to The term ‘‘collection of information’’ is of Strategic Operations and Regulatory create exciting new research and defined in 44 U.S.C. 3502(3) and 5 CFR Affairs. engagement projects to advance 1320.3(c) and includes agency requests [FR Doc. 2019–05978 Filed 3–27–19; 8:45 am] regulatory science. or requirements that members of the BILLING CODE 4120–01–P The Foundation acts as a neutral third public submit reports, keep records, or party to establish novel, scientific provide information to a third party. collaborations. Much like any other Section 3506(c)(2)(A) of the PRA DEPARTMENT OF HEALTH AND independently developed information, requires federal agencies to publish a HUMAN SERVICES FDA evaluates the scientific information from these collaborations to determine 60-day notice in the Federal Register Food and Drug Administration concerning each proposed collection of how the Foundation projects can help information, including each proposed [Docket No. FDA–2019–N–1131] the Agency to fulfill its mission. extension or reinstatement of an existing Foundation projects currently collection of information, before Annual Public Meeting; Reagan-Udall include: Innovation in Medical submitting the collection to OMB for Foundation for the Food and Drug Evidence Development and approval. To comply with this Administration Surveillance, a public-private requirement, CMS is publishing this AGENCY: Reagan-Udall Foundation, partnership that allows researchers to notice. FDA, HHS. study drug safety concerns of interest to ACTION: Notice of annual meeting. public health; an Expanded Access Information Collection Navigator that offers instructional 1. Type of Information Collection SUMMARY: The Reagan-Udall Foundation material and resources for physicians, Request: Revision with change of a (the Foundation) for the Food and Drug patients, and their caregivers on how to currently approved collection; Title of Administration (FDA), which was access investigational drugs outside of Information Collection: Medicare Part C created by Title VI of the Food and Drug clinical trials; and a new joint and Part D Data Validation (42 CFR Administration Amendments Act of Foundation and FDA regulatory science 422.516g and 423.514g); Use: The 2007, is announcing its annual public fellowship program.

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II. Topics for Discussion at the Public renewal of the Cellular, Tissue and Gene xenotransplantation (biostatistics, Meeting Therapies Advisory Committee bioethics, hematology/oncology, human FDA Center Directors will hold a (Committee) by the Commissioner of tissues and transplantation, panel discussion on pressing FDA Food and Drugs (the Commissioner). reproductive medicine, general initiatives suitable for Public-Private The Commissioner has determined that medicine and various medical Partnerships. Panelists will include Drs. it is in the public interest to renew the specialties including surgery and Janet Woodcock, Peter Marks, and Committee for an additional 2 years oncology, immunology, virology, Jeffrey Shuren. The panel moderator beyond the charter expiration date. The molecular biology, cell biology, will be Michael McCaughan, Co- new charter will be in effect until developmental biology, tumor biology, Founder of Prevision Policy. Find the October 28, 2020. biochemistry, rDNA technology, nuclear meeting page at http://reaganudall.org/ DATES: Authority for the Cellular, Tissue medicine, gene therapy, infectious 2019-annual-public-meeting-0. and Gene Therapies Advisory diseases, and cellular kinetics). Committee will expire on October 28, III. Participating in the Public Meeting Members will be invited to serve for 2018, unless the Commissioner formally overlapping terms of up to four years. Registration: To register for the public determines that renewal is in the public Almost all non-Federal members of this interest. meeting, please visit the following Committee serve as Special Government website to register: https://reaganudall. FOR FURTHER INFORMATION CONTACT: Employees. The core of voting members salsalabs.org/2019AnnualMeeting/ Prabhakara Atreya, Division of may include one technically qualified index.html. Persons interested in Scientific Advisors and Consultants, member, selected by the Commissioner attending this public meeting must Center for Biologics Evaluation and or designee, who is identified with register online by April 30, 2019, at 5 Research, Food and Drug consumer interests and is recommended p.m. Eastern Time. Administration, 10903 New Hampshire If you need special accommodations Ave., Bldg. 71, Rm. 6306, Silver Spring, by either a consortium of consumer- due to a disability, please contact Kelly MD 20993; 240–402–8006, email: oriented organizations or other Catterton (see FOR FURTHER INFORMATION [email protected]. interested persons. In addition to the voting members, the Committee may CONTACT) no later than April 30, 2019, SUPPLEMENTARY INFORMATION: Pursuant at 5 p.m. Eastern Time. to 41 CFR 102–3.65 and approval by the include one non-voting member who is Requests for Oral Presentations: Department of Health and Human identified with industry interests. Interested persons may present Services pursuant to 45 CFR part 11 and Further information regarding the comments at the public meeting. by the General Services Administration, most recent charter and other Comments will be scheduled to begin FDA is announcing the renewal of the information can be found at https:// approximately at 11:45 a.m. Time Committee. The Committee is a www.fda.gov/AdvisoryCommittees/ allotted for comments is limited to 3 discretionary Federal advisory CommitteesMeetingMaterials/Blood minutes per speaker. Those desiring to committee established to provide advice VaccinesandOtherBiologics/Cellular make oral comments should notify Kelly to the Commissioner. TissueandGeneTherapiesAdvisory Catterton (see FOR FURTHER INFORMATION The Committee advises the Committee/default.htm or by contacting CONTACT) by April 30, 2019, at 5 p.m. Commissioner or designee in the Designated Federal Officer (see FOR Eastern Time. Please include a brief discharging responsibilities as they FURTHER INFORMATION CONTACT). In light statement of the general nature of the relate to helping to ensure safe and of the fact that no change has been made comments you wish to present along effective drugs for human use and, as to the Committee name or description of with your name, address, telephone required, any other product for which duties, no amendment will be made to number, and email address. The contact FDA has regulatory responsibility. person will notify individuals regarding The Committee reviews and evaluates 21 CFR 14.100. their request to speak by May 1, 2019. available data relating to the safety, This document is issued under the Dated: March 22, 2019. effectiveness, and appropriate use of Federal Advisory Committee Act (5 Lowell J. Schiller, human cells, human tissues, gene U.S.C. app.). For general information Acting Associate Commissioner for Policy. transfer therapies, and related to FDA advisory committees, xenotransplantation products which are please visit us at https://www.fda.gov/ [FR Doc. 2019–05944 Filed 3–27–19; 8:45 am] intended for transplantation, AdvisoryCommittees/default.htm. BILLING CODE 4164–01–P implantation, infusion, and transfer in Dated: March 22, 2019. the prevention and treatment of a broad Lowell J. Schiller, DEPARTMENT OF HEALTH AND spectrum of human diseases and in the Acting Associate Commissioner for Policy. HUMAN SERVICES reconstruction, repair or replacement of tissues for various conditions. The [FR Doc. 2019–05985 Filed 3–27–19; 8:45 am] Food and Drug Administration Committee also considers the quality BILLING CODE 4164–01–P and relevance of FDA’s research [Docket No. FDA–2019–N–0428] program which provides scientific support for the regulation of these Advisory Committee; Cellular, Tissue products, and makes appropriate and Gene Therapies Advisory recommendations to the Commissioner. Committee, Renewal The Committee shall consist of a core AGENCY: Food and Drug Administration, of thirteen voting members including HHS. the Chair. Members and the Chair are ACTION: Notice; renewal of advisory selected by the Commissioner or committee. designee from among authorities knowledgeable in the fields of cellular SUMMARY: The Food and Drug therapies, tissue transplantation, gene Administration (FDA) is announcing the transfer therapies, and

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DEPARTMENT OF HEALTH AND via the webcast, a link to access the Regional Consultation on the HUMAN SERVICES webcast will be emailed 1 week in International Council for Harmonisation advance of the meeting. of Technical Requirements for Food and Drug Administration You may submit comments as Pharmaceuticals for Human Use; Public follows. Please note that late, untimely Meeting; Request for Comments.’’ [Docket No. FDA–2019–N–0444] filed comments will not be considered. Received comments, those filed in a United States Food and Drug Electronic comments must be submitted timely manner (see ADDRESSES), will be Administration and Health Canada on or before May 20, 2019. The https:// placed in the docket and, except for Joint Regional Consultation on the www.regulations.gov electronic filing those submitted as ‘‘Confidential International Council for system will accept comments until Submissions,’’ publicly viewable at Harmonisation of Technical 11:59 p.m. Eastern Time on May 20, https://www.regulations.gov or at the Requirements for Pharmaceuticals for 2019. Comments received by mail/hand Dockets Management Staff between 9 Human Use; Public Meeting; Request delivery/courier (for written/paper a.m. and 4 p.m., Monday through for Comments submissions) will be considered timely Friday. if they are postmarked or the delivery • Confidential Submissions—To AGENCY: Food and Drug Administration, service acceptance receipt is on or submit a comment with confidential HHS. before that date. information that you do not wish to be made publicly available, submit your ACTION: Notice of public meeting; Electronic Submissions request for comments. comments only as a written/paper Submit electronic comments in the submission. You should submit two SUMMARY: The Food and Drug following way: copies total. One copy will include the • Administration (FDA or Agency) is Federal eRulemaking Portal: information you claim to be confidential announcing a regional public meeting https://www.regulations.gov. Follow the with a heading or cover note that states entitled ‘‘U.S. Food and Drug instructions for submitting comments. ‘‘THIS DOCUMENT CONTAINS Administration and Health Canada Joint Comments submitted electronically, CONFIDENTIAL INFORMATION.’’ The Regional Consultation on the including attachments, to https:// Agency will review this copy, including International Council for Harmonisation www.regulations.gov will be posted to the claimed confidential information, in of Technical Requirements for the docket unchanged. Because your its consideration of comments. The Pharmaceuticals for Human Use (ICH).’’ comment will be made public, you are second copy, which will have the The purpose of the public meeting is to solely responsible for ensuring that your claimed confidential information provide information and solicit public comment does not include any redacted/blacked out, will be available input on the current activities of the confidential information that you or a for public viewing and posted on ICH, as well as the upcoming ICH third party may not wish to be posted, https://www.regulations.gov. Submit Assembly Meeting and the Expert such as medical information, your or both copies to the Dockets Management Working Group Meetings in Amsterdam, anyone else’s Social Security number, or Staff. If you do not wish your name and Netherlands, scheduled for June 2 confidential business information, such contact information to be made publicly through 6, 2019. The topics to be as a manufacturing process. Please note available, you can provide this addressed at the public meeting are the that if you include your name, contact information on the cover sheet and not current ICH guideline topics under information, or other information that in the body of your comments and you development that will be discussed at identifies you in the body of your must identify this information as the forthcoming ICH Assembly Meeting comments, that information will be ‘‘confidential.’’ Any information marked in Amsterdam. posted on https://www.regulations.gov. as ‘‘confidential’’ will not be disclosed • If you want to submit a comment DATES: The public meeting will be held except in accordance with 21 CFR 10.20 on April 29, 2019, from 10 a.m. to 1 with confidential information that you and other applicable disclosure law. For p.m. Submit either electronic or written do not wish to be made available to the more information about FDA’s posting comments on this public meeting by public, submit the comment as a of comments to public dockets, see 80 written/paper submission and in the May 20, 2019. See the SUPPLEMENTARY FR 56469, September 18, 2015, or access manner detailed (see ‘‘Written/Paper INFORMATION section for registration date the information at: https://www.gpo.gov/ and information. Submissions’’ and ‘‘Instructions’’). fdsys/pkg/FR-2015-09-18/pdf/2015- ADDRESSES: The public meeting will be Written/Paper Submissions 23389.pdf. Docket: For access to the docket to held at FDA’s White Oak Campus, Submit written/paper submissions as read background documents or the 10903 New Hampshire Ave., Bldg. 31 follows: Conference Center, the Great Room (Rm. • Mail/Hand Delivery/Courier (for electronic and written/paper comments 1503), Silver Spring, MD 20993–0002. written/paper submissions): Dockets received, go to https:// The meeting will also be broadcast on Management Staff (HFA–305), Food and www.regulations.gov and insert the the web, allowing participants to join in Drug Administration, 5630 Fishers docket number, found in brackets in the person or via the web. For those who Lane, Rm. 1061, Rockville, MD 20852. heading of this document, into the will attend in person, the entrance for • For written/paper comments ‘‘Search’’ box and follow the prompts the public meeting participants (non- submitted to the Dockets Management and/or go to the Dockets Management FDA employees) is through Building 1 Staff, FDA will post your comment, as Staff, 5630 Fishers Lane, Rm. 1061, where routine security check well as any attachments, except for Rockville, MD 20852. procedures will be performed. For information submitted, marked and FOR FURTHER INFORMATION CONTACT: parking and security information, please identified, as confidential, if submitted William Lewallen, Food and Drug refer to https://www.fda.gov/AboutFDA/ as detailed in ‘‘Instructions.’’ Administration, 10903 New Hampshire WorkingatFDA/BuildingsandFacilities/ Instructions: All submissions received Ave., Bldg. 51, Rm. 6304, Silver Spring, WhiteOakCampusInformation/ must include the Docket No. FDA– MD 20993–0002, 301–796–3810, ucm241740.htm. For those who register 2019–N–0444 for ‘‘U.S. Food and Drug [email protected]. to attend the public meeting remotely Administration and Health Canada Joint SUPPLEMENTARY INFORMATION:

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I. Background process when it is implemented by each be webcast through the following link: The ICH, formerly known as the of the regulatory members in their https://collaboration.fda.gov/ich2019. International Conference on respective regions. The ICH process has To register to attend via webcast, please achieved significant harmonization of visit the following website: https://ich_ Harmonisation, was established in 1990 _ _ as a joint regulatory/industry project to the technical requirements for the regional consultation improve, through harmonization, the approval of pharmaceuticals for human 2019.eventbrite.com. efficiency of the process for developing use in the ICH regions since 1990. More If you have never attended a Connect and registering new medicinal products information on the current ICH process Pro event before, test your connection at and structure can be found at the in Europe, Japan, and the United States https://collaboration.fda.gov/common/ following website: https://www.ich.org. _ without compromising the regulatory help/en/support/meeting test.htm. To requirements for safety and III. Participating in the Public Meeting get a quick overview of the Connect Pro program, visit https://www.adobe.com/ effectiveness. One of the goals of Registration: Persons interested in _ harmonization is to identify and then go/connectpro overview. FDA has attending this public meeting must verified the website addresses in this reduce regional differences in technical register online by April 22, 2019. To regulatory requirements for document, as of the date this document register for the public meeting, please publishes in the Federal Register, but pharmaceutical products while _ visit the following website: https://ich websites are subject to change over time. preserving a consistently high standard regional_consultation_ for drug efficacy, safety, and quality. 2019.eventbrite.com. Please provide Dated: March 21, 2019. In 2015, the ICH was reformed to complete contact information for each Lowell J. Schiller, establish it as a true global initiative and attendee, including name, title, Acting Associate Commissioner for Policy. to expand beyond the previous ICH affiliation, address, email, and [FR Doc. 2019–05955 Filed 3–27–19; 8:45 am] members. More involvement from telephone. BILLING CODE 4164–01–P regulators around the world is expected, Registration is free and based on as they join counterparts from Europe, space availability, with priority given to Japan, the United States, Canada, and early registrants. Persons interested in DEPARTMENT OF HEALTH AND Switzerland as ICH observers and attending this public meeting must HUMAN SERVICES regulatory members. Expanded register by April 22, 2019, midnight involvement is also anticipated from Eastern Time. Early registration is Food and Drug Administration global regulated pharmaceutical recommended because seating is [Docket No. FDA–2010–N–0155] industry parties, joining as ICH limited; therefore, FDA may limit the observers and industry members. The number of participants from each Veterinary Feed Directive Regulation reforms built on a 25-year track record organization. If time and space permit, Questions and Answers; Small Entity and have allowed ICH to continue its onsite registration on the day of the Compliance Guide; Draft Guidance for successful delivery of harmonized public meeting will be provided Industry; Availability guidelines for global pharmaceutical beginning at 9:30 a.m. development and their regulation. The agenda for the public meeting AGENCY: Food and Drug Administration, will be made available on the internet HHS. II. Topics for Discussion at the Public ACTION: Notice of availability. Meeting at https://www.fda.gov/Drugs/ NewsEvents/ucm624770.htm SUMMARY: The Food and Drug The topics for discussion at this approximately 2 weeks in advance of Administration (FDA, we, or Agency) is public meeting include the current the meeting. announcing the availability of a draft guidelines under development under If you need special accommodations revised guidance for industry (GFI) #120 the ICH. ICH guidelines are developed due to a disability, please contact entitled ‘‘Veterinary Feed Directive following a five-step process. William Lewallen (see FOR FURTHER Regulation Questions and Answers.’’ In step 1, experts from the different INFORMATION CONTACT) no later than This draft revised guidance document, ICH regions work together to prepare a April 15, 2019. consensus draft of the step 1 technical Requests for Oral Presentations: If you when finalized, will aid industry in document. The step 1 technical wish to make a presentation during the complying with the requirements of the document is submitted to the ICH public comment session, please contact veterinary feed directive (VFD) Assembly to request endorsement under William Lewallen (see FOR FURTHER regulation. step 2a of the process. Step 2b is a INFORMATION CONTACT) no later than DATES: Submit either electronic or ‘‘regulators only’’ step in which the ICH April 15, 2019. Individuals and written comments on the draft revised regulatory members review the step 2a organizations with common interests are guidance by May 28, 2019 to ensure that final technical document and take any urged to consolidate or coordinate their the Agency considers your comment on actions, which might include revisions presentations and request time for a this draft revised guidance before it that they deem necessary, to develop the joint presentation. If selected for begins work on the final version of the draft ‘‘guideline.’’ Step 3 of the process presentation, any presentation materials guidance. begins with the public consultation must be emailed to William Lewallen ADDRESSES: You may submit comments process conducted by each of the ICH (see FOR FURTHER INFORMATION CONTACT) on any guidance at any time as follows: regulatory members in their respective no later than April 24, 2019. No regions, and this step concludes with commercial or promotional material Electronic Submissions completion and acceptance of any will be permitted to be presented or Submit electronic comments in the revisions that need to be made to the distributed at the public meeting. following way: step 2b draft guideline in response to Signup for making a public comment • Federal eRulemaking Portal: public comments. Adoption of the new will also be available between 9 a.m. https://www.regulations.gov. Follow the guideline occurs in step 4. Following and 10 a.m. on the day of the meeting. instructions for submitting comments. adoption, the harmonized guideline Streaming Webcast of the Public Comments submitted electronically, moves to step 5, the final step of the Meeting: This public meeting will also including attachments, to https://

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www.regulations.gov will be posted to https://www.regulations.gov. Submit on the requirements of the final rule. We the docket unchanged. Because your both copies to the Dockets Management are announcing the availability of draft comment will be made public, you are Staff. If you do not wish your name and revised GFI #120 to provide additional solely responsible for ensuring that your contact information to be made publicly information in response to questions comment does not include any available, you can provide this that have been submitted by interested confidential information that you or a information on the cover sheet and not parties since 2015. third party may not wish to be posted, in the body of your comments and you II. Significance of Guidance such as medical information, your or must identify this information as anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked This level 1 draft revised guidance is confidential business information, such as ‘‘confidential’’ will not be disclosed being issued consistent with FDA’s good as a manufacturing process. Please note except in accordance with 21 CFR 10.20 guidance practices regulation (21 CFR that if you include your name, contact and other applicable disclosure law. For 10.115). The draft revised guidance, information, or other information that more information about FDA’s posting when finalized, will represent the identifies you in the body of your of comments to public dockets, see 80 current thinking of FDA on ‘‘Veterinary comments, that information will be FR 56469, September 18, 2015, or access Feed Directive Regulation Questions posted on https://www.regulations.gov. the information at: https://www.gpo.gov/ and Answers.’’ It does not establish any • If you want to submit a comment fdsys/pkg/FR-2015-09-18/pdf/2015- rights for any person and is not binding with confidential information that you 23389.pdf. on FDA or the public. You can use an do not wish to be made available to the Docket: For access to the docket to alternative approach if it satisfies the public, submit the comment as a read background documents or the requirements of the applicable statutes written/paper submission and in the electronic and written/paper comments and regulations. This guidance is not manner detailed (see ‘‘Written/Paper received, go to https:// subject to Executive Order 12866. Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the III. Paperwork Reduction Act of 1995 Written/Paper Submissions docket number, found in brackets in the heading of this document, into the This draft revised guidance refers to Submit written/paper submissions as ‘‘Search’’ box and follow the prompts previously approved collections of follows: and/or go to the Dockets Management information found in FDA regulations. • Mail/Hand Delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, These collections of information are written/paper submissions): Dockets Rockville, MD 20852. subject to review by the Office of Management Staff (HFA–305), Food and You may submit comments on any Management and Budget (OMB) under Drug Administration, 5630 Fishers guidance at any time (see 21 CFR the Paperwork Reduction Act of 1995 Lane, Rm. 1061, Rockville, MD 20852. (44 U.S.C. 3501–3520). The collections • 10.115(g)(5)). For written/paper comments of information in 21 CFR 558.6 have submitted to the Dockets Management Submit written requests for single copies of the draft revised guidance to been approved under OMB control Staff, FDA will post your comment, as number 0910–0363. well as any attachments, except for the Policy and Regulations Staff (HFV– information submitted, marked and 6), Center for Veterinary Medicine, Food IV. Electronic Access and Drug Administration, 7500 Standish identified, as confidential, if submitted Persons with access to the internet Pl., Rockville, MD 20855. Send one self- as detailed in ‘‘Instructions.’’ may obtain the draft revised guidance at addressed adhesive label to assist that Instructions: All submissions received either https://www.fda.gov/Animal office in processing your requests. See must include the Docket No. FDA– Veterinary/GuidanceCompliance the SUPPLEMENTARY INFORMATION section 2010–N–0155 for ‘‘Veterinary Feed Enforcement/GuidanceforIndustry/ for electronic access to the draft revised Directive Regulation Questions and default.htm or https:// guidance document. Answers.’’ Received comments will be www.regulations.gov. Use the FDA placed in the docket and, except for FOR FURTHER INFORMATION CONTACT: website listed in the previous sentence those submitted as ‘‘Confidential Dragan Momcilovic, Center for to find the most current version of the Submissions,’’ publicly viewable at Veterinary Medicine (HFV–226), Food guidance. https://www.regulations.gov or at the and Drug Administration, 7519 Standish Dated: March 22, 2019. Dockets Management Staff between 9 Pl., Rockville, MD 20855, 240–402– a.m. and 4 p.m., Monday through 5944, [email protected]. Lowell J. Schiller, Friday. SUPPLEMENTARY INFORMATION: Acting Associate Commissioner for Policy. • Confidential Submissions—To [FR Doc. 2019–05976 Filed 3–27–19; 8:45 am] I. Background submit a comment with confidential BILLING CODE 4164–01–P information that you do not wish to be In the Federal Register of September made publicly available, submit your 30, 2015 (80 FR 58602), FDA announced comments only as a written/paper the availability of GFI #120 to assist DEPARTMENT OF HEALTH AND submission. You should submit two industry in complying with the VFD HUMAN SERVICES copies total. One copy will include the regulation in 21 CFR part 558. This information you claim to be confidential guidance also serves as a Small Entities Food and Drug Administration with a heading or cover note that states Compliance Guide (SECG), to aid [Docket No. FDA–2013–D–0169] ‘‘THIS DOCUMENT CONTAINS industry in complying with the CONFIDENTIAL INFORMATION.’’ The requirements of the VFD final rule that Pediatric Information Incorporated Into Agency will review this copy, including published in the Federal Register on Human Prescription Drug and the claimed confidential information, in June 3, 2015 (80 FR 31708). FDA Biological Product Labeling; Guidance its consideration of comments. The prepared this SECG in accordance with for Industry; Availability second copy, which will have the section 212 of the Small Business AGENCY: Food and Drug Administration, claimed confidential information Regulatory Enforcement Fairness Act HHS. redacted/blacked out, will be available (Pub. L. 104–121). This document ACTION: Notice of availability. for public viewing and posted on provides guidance to small businesses

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SUMMARY: The Food and Drug well as any attachments, except for of Drug Information, Center for Drug Administration (FDA or Agency) is information submitted, marked and Evaluation and Research, Food and announcing the availability of a final identified, as confidential, if submitted Drug Administration, 10001 New guidance for industry entitled ‘‘Pediatric as detailed in ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, Information Incorporated Into Human Instructions: All submissions received 4th Floor, Silver Spring, MD 20993– Prescription Drug and Biological must include the Docket No. FDA– 0002; or Office of Communication, Product Labeling.’’ This guidance is 2013–D–0169 for ‘‘Pediatric Information Outreach, and Development, Center for intended to assist applicants in Incorporated Into Human Prescription Biologics Evaluation and Research, determining the appropriate placement Drug and Biological Product Labeling.’’ Food and Drug Administration, 10903 and content of pediatric information in Received comments will be placed in New Hampshire Ave., Bldg. 71, Rm. human prescription drug and biological the docket and, except for those 3128, Silver Spring, MD 20993–0002. product labeling as described in the submitted as ‘‘Confidential Send one self-addressed adhesive label regulations for the content and format of Submissions,’’ publicly viewable at to assist that office in processing your labeling for human prescription drug https://www.regulations.gov or at the requests. See the SUPPLEMENTARY and biological products. This guidance Dockets Management Staff between 9 INFORMATION section for electronic finalizes the draft guidance issued on a.m. and 4 p.m., Monday through access to the guidance document. Friday. February 28, 2013. FOR FURTHER INFORMATION CONTACT: • Confidential Submissions—To DATES: The announcement of the Jacquline Yancy, Center for Drug submit a comment with confidential guidance is published in the Federal Evaluation and Research, Food and information that you do not wish to be Register on March 28, 2019. Drug Administration, 10903 New made publicly available, submit your ADDRESSES: You may submit either comments only as a written/paper Hampshire Ave., Bldg. 22, Rm. 6319, electronic or written comments on submission. You should submit two Silver Spring, MD 20993–0002, 301– Agency guidances at any time as copies total. One copy will include the 796–7068; or Stephen Ripley, Center for follows: information you claim to be confidential Biologics Evaluation and Research, Food and Drug Administration, 10903 Electronic Submissions with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS New Hampshire Ave., Bldg. 71, Rm. Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The 7301, Silver Spring, MD 20993–0002, following way: Agency will review this copy, including 240–402–7911. • Federal eRulemaking Portal: the claimed confidential information, in SUPPLEMENTARY INFORMATION: https://www.regulations.gov. Follow the its consideration of comments. The I. Background instructions for submitting comments. second copy, which will have the Comments submitted electronically, claimed confidential information FDA is announcing the availability of including attachments, to https:// redacted/blacked out, will be available a guidance for industry entitled www.regulations.gov will be posted to for public viewing and posted on ‘‘Pediatric Information Incorporated Into the docket unchanged. Because your https://www.regulations.gov. Submit Human Prescription Drug and Biological comment will be made public, you are both copies to the Dockets Management Product Labeling.’’ This guidance is solely responsible for ensuring that your Staff. If you do not wish your name and intended to assist applicants in comment does not include any contact information to be made publicly determining the appropriate placement confidential information that you or a available, you can provide this and content of pediatric information in third party may not wish to be posted, information on the cover sheet and not human prescription drug and biological such as medical information, your or in the body of your comments and you product labeling as described in the anyone else’s Social Security number, or must identify this information as regulations for the content and format of confidential business information, such ‘‘confidential.’’ Any information marked labeling for human prescription drug as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed and biological products. This guidance that if you include your name, contact except in accordance with 21 CFR 10.20 finalizes the draft guidance issued on information, or other information that and other applicable disclosure law. For February 28, 2013. Changes were made identifies you in the body of your more information about FDA’s posting to make the guidance more user-friendly comments, that information will be of comments to public dockets, see 80 and to be consistent with recently posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access published labeling guidances. • If you want to submit a comment the information at: https://www.gpo.gov/ This guidance is being issued with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- consistent with FDA’s good guidance do not wish to be made available to the 23389.pdf. practices regulation (21 CFR 10.115). public, submit the comment as a Docket: For access to the docket to The guidance represents the current written/paper submission and in the read background documents or the thinking of FDA on pediatric manner detailed (see ‘‘Written/Paper electronic and written/paper comments information incorporated into human Submissions’’ and ‘‘Instructions’’). received, go to https:// prescription drug and biological product labeling. It does not establish any rights Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the for any person and is not binding on Submit written/paper submissions as heading of this document, into the FDA or the public. You can use an follows: ‘‘Search’’ box and follow the prompts alternative approach if it satisfies the • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management requirements of the applicable statutes written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, and regulations. This guidance is not Management Staff (HFA–305), Food and Rockville, MD 20852. subject to Executive Order 12866. Drug Administration, 5630 Fishers You may submit comments on any II. The Paperwork Reduction Act of Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR 1995 • For written/paper comments 10.115(g)(5)). submitted to the Dockets Management Submit written requests for single This guidance refers to previously Staff, FDA will post your comment, as copies of this guidance to the Division approved collections of information

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found in FDA regulations. These Bethesda, MD 20892–9823, 240–507–9685, 20852–9834, 240–669–2081, chelsea.boyd@ collections of information are subject to [email protected]. nih.gov. review by the Office of Management and (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Budget (OMB) under the Paperwork Program Nos. 93.855, Allergy, Immunology, Program Nos. 93.855, Allergy, Immunology, Reduction Act of 1995 (44 U.S.C. 3501– and Transplantation Research; 93.856, and Transplantation Research; 93.856, Microbiology and Infectious Diseases 3520). The collections of information in Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) 21 CFR 201.56 and 201.57 have been Research, National Institutes of Health, HHS) Dated: March 25, 2019. approved under OMB control number Dated: March 22, 2019. 0910–0572. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Natasha M. Copeland, III. Electronic Access Committee Policy. Program Analyst, Office of Federal Advisory Persons with access to the internet [FR Doc. 2019–05964 Filed 3–27–19; 8:45 am] Committee Policy. may obtain the guidance at https:// BILLING CODE 4140–01–P [FR Doc. 2019–05961 Filed 3–27–19; 8:45 am] www.fda.gov/Drugs/Guidance BILLING CODE 4140–01–P ComplianceRegulatoryInformation/ Guidances/default.htm, https:// DEPARTMENT OF HEALTH AND www.fda.gov/BiologicsBloodVaccines/ HUMAN SERVICES DEPARTMENT OF HEALTH AND GuidanceComplianceRegulatory HUMAN SERVICES Information/default.htm, or https:// National Institutes of Health www.regulations.gov. National Institutes of Health National Institute of Allergy and Dated: March 22, 2019. Infectious Diseases; Notice of Closed Center for Scientific Review Amended; Lowell J. Schiller, Meetings Notice of Meeting Acting Associate Commissioner for Policy. Pursuant to section 10(d) of the [FR Doc. 2019–05977 Filed 3–27–19; 8:45 am] Federal Advisory Committee Act, as Notice is hereby given of a change in BILLING CODE 4164–01–P amended, notice is hereby given of the the meeting of the Center for Scientific following meetings. Review Special Emphasis Panel, March The meetings will be closed to the 20, 2019, 02:00 p.m. to March 20, 2019, DEPARTMENT OF HEALTH AND public in accordance with the 03:00 p.m., National Institutes of Health, HUMAN SERVICES provisions set forth in sections 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Federal Register on March 1, 2019, National Institute of Allergy and the discussions could disclose 84 FR 7087. Infectious Diseases; Notice of Closed confidential trade secrets or commercial The start date is April 17, 2019 Meeting property such as patentable material, instead of March 20, 2019. The meeting and personal information concerning location remains the same. The meeting Pursuant to section 10(d) of the individuals associated with the grant is closed to the public. Federal Advisory Committee Act, as applications, the disclosure of which amended, notice is hereby given of the would constitute a clearly unwarranted Dated: March 22, 2019. following meeting. invasion of personal privacy. Natasha M. Copeland, The meeting will be closed to the Program Analyst, Office of Federal Advisory public in accordance with the Name of Committee: National Institute of Allergy and Infectious Diseases Special Committee Policy. provisions set forth in sections Emphasis Panel; NIH Tetramer Core Facility. [FR Doc. 2019–05960 Filed 3–27–19; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 10, 2019. BILLING CODE 4140–01–P as amended. The grant applications and Time: 1:00 p.m. to 3:00 p.m. the discussions could disclose Agenda: To review and evaluate contract confidential trade secrets or commercial proposals. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 5601 property such as patentable material, HUMAN SERVICES and personal information concerning Fishers Lane, Rockville, MD 20892 individuals associated with the grant (Telephone Conference Call). Contact Person: Sandip Bhattacharyya, National Institutes of Health applications, the disclosure of which Ph.D., Scientific Review Program, DEA/ would constitute a clearly unwarranted NIAID/NIH/DHHS, 5601 Fishers Lane, MSC– National Institute of Mental Health invasion of personal privacy. 9823, Rockville, MD 20852, 240–292–0189, Amended; Notice of Meeting Name of Committee: National Institute of [email protected]. Allergy and Infectious Diseases Special Name of Committee: National Institute of Notice is hereby given of a change in Emphasis Panel; ‘‘NIAID Investigator Allergy and Infectious Diseases Special the meeting of the National Institute of Initiated Program Project Applications Emphasis Panel; NIAID Clinical Trial Mental Health Special Emphasis Panel, (P01)’’. Implementation Cooperative Agreement (U01 April 03, 2019, 10:00 a.m. to April 03, Date: April 23, 2019. Clinical Trial Required). 2019, 04:00 p.m., National Institutes of Time: 11:00 a.m. to 3:00 p.m. Date: April 22, 2019. Agenda: To review and evaluate grant Time: 10:00 a.m. to 5:00 p.m. Health, Neuroscience Center Building applications. Agenda: To review and evaluate grant (NSC), 6001 Executive Boulevard, Place: National Institutes of Health, 5601 applications. Rockville, MD, 20852 which was Fishers Lane, Rockville, MD 20892 Place: National Institutes of Health, 5601 published in the Federal Register on (Telephone Conference Call). Fishers Lane, Rockville, MD 20892 February 20, 2019, 84 FR 5089. Contact Person: Thomas F. Conway, Ph.D., (Telephone Conference Call). Scientific Review Officer, Scientific Review Contact Person: Chelsea D. Boyd, Ph.D., This meeting notice is amended to Program, Division of Extramural Activities, Scientific Review Officer, Scientific Review change the meeting date from April 3, Room 3G51, National Institutes of Health, Program, DEA/NIAID/NIH/DHHS, 5601 2019 to April 12, 2019. The meeting is NIAID, 5601 Fishers Lane, MSC 9823, Fishers Lane, MSC–9823, Rockville, MD closed to the public.

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Dated: March 22, 2019. and Transplantation Research; 93.856, DEPARTMENT OF HEALTH AND Melanie J. Pantoja, Microbiology and Infectious Diseases HUMAN SERVICES Program Analyst, Office of Federal Advisory Research, National Institutes of Health, HHS) Committee Policy. Dated: March 25, 2019. Substance Abuse and Mental Health Services Administration [FR Doc. 2019–05965 Filed 3–27–19; 8:45 am] Natasha M. Copeland, BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Center for Substance Abuse Committee Policy. Prevention; Notice of Meeting [FR Doc. 2019–05962 Filed 3–27–19; 8:45 am] DEPARTMENT OF HEALTH AND Pursuant to Public Law 92–463, HUMAN SERVICES BILLING CODE 4140–01–P notice is hereby given for the meeting of the Substance Abuse and Mental Health National Institutes of Health Services Administration’s (SAMHSA) DEPARTMENT OF HEALTH AND Center for Substance Abuse Prevention National Institute of Allergy and HUMAN SERVICES Infectious Diseases; Notice of Closed National Advisory Council (CSAP NAC) Meetings on April 29, 2019. National Institutes of Health The Council was established to advise the Secretary, Department of Health and Pursuant to section 10(d) of the National Institute of Allergy and Federal Advisory Committee Act, as Human Services (HHS); the Assistant Infectious Diseases; Notice of Closed amended, notice is hereby given of the Secretary for Mental Health and Meeting following meetings. Substance Use, SAMHSA; and Director, The meetings will be closed to the CSAP concerning matters relating to the Pursuant to section 10(d) of the public in accordance with the activities carried out by and through the provisions set forth in sections Federal Advisory Committee Act, as Center and the policies respecting such 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended, notice is hereby given of the activities. as amended. The contract proposals and following meeting. The meeting will be open to the the discussions could disclose The meeting will be closed to the public and will include discussion of confidential trade secrets or commercial public in accordance with the the substance use prevention workforce, property such as patentable material, provisions set forth in sections Prevention Technology Transfer and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Centers, National Survey on Drug Use individuals associated with the contract as amended. The grant applications and and Health data, and updates on CSAP proposals, the disclosure of which the discussions could disclose program developments. would constitute a clearly unwarranted confidential trade secrets or commercial The meeting will be held in Rockville, invasion of personal privacy. property such as patentable material, Maryland (online/phone only). and personal information concerning Interested persons may present data, Name of Committee: National Institute of information, or views, orally or in Allergy and Infectious Diseases Special individuals associated with the grant Emphasis Panel; Bioinformatics Resource applications, the disclosure of which writing, on issues pending before the Centers for Infectious Diseases. would constitute a clearly unwarranted Council. Written submissions should be forwarded to the contact person on or Date: April 24, 2019. invasion of personal privacy. Time: 10:00 a.m. to 4:00 p.m. before one week prior to the meeting. Agenda: To review and evaluate contract Name of Committee: National Institute of Oral presentations from the public will proposals. Allergy and Infectious Diseases Special be scheduled at the conclusion of the Place: National Institutes of Health, 5601 Emphasis Panel Detection of HIV for Self- meeting. Individuals interested in Fishers Lane, Rockville, MD 20892 (Virtual Testing (R61/R33). making oral presentations should notify Meeting). Date: April 24–25, 2019. Contact Person: Frank S. De Silva, Ph.D., the contact on or before one week prior Scientific Review Officer, Scientific Review Time: 10:30 a.m. to 5:00 p.m. to the meeting. Five minutes maximum Program, Division of Extramural Activities, Agenda: To review and evaluate grant will be allotted for each presentation. Room #3E72A, National Institutes of Health/ applications. To attend the virtual meeting, submit NIAID, 5601 Fishers Lane, MSC 9823, Place: National Institutes of Health, 5601 written or brief oral comments, or Rockville, MD 20892–9823, (240) 669–5023, Fishers Lane, Rockville, MD 20892 request special accommodations for [email protected]. (Telephone Conference Call). persons with disabilities, please register Name of Committee: National Institute of Contact Person: Roberta Binder, Ph.D., at the SAMHSA Committees’ website, Allergy and Infectious Diseases Special Scientific Review Officer, Scientific Review http://snacregister.samhsa.gov/Meeting Emphasis Panel; HHS–NIH–CDC–SBIR 2017– Program, Division of Extramural Activities, List.aspx, or communicate with the 1 Phase II Topic 40: Effective Targeted Room 3G21A, National Institutes of Health/ Delivery of RNA-based Vaccines and CSAP Council’s Designated Federal NIAID, 5601 Fishers Lane, MSC 9823, Therapeutics. Officer (see contact information below). Date: April 24, 2019. Bethesda, MD 20892–9823, (240) 669–5050, Substantive program information may Time: 12:00 p.m. to 5:00 p.m. [email protected]. be obtained after the meeting by Agenda: To review and evaluate contract (Catalogue of Federal Domestic Assistance accessing the SAMHSA Committee proposals. Program Nos. 93.855, Allergy, Immunology, website, https://www.samhsa.gov/ Place: National Institutes of Health, 5601 and Transplantation Research; 93.856, about-us/advisory-councils, or by Fishers Lane, Rockville, MD 20892 Microbiology and Infectious Diseases contacting the Designated Federal (Telephone Conference Call). Research, National Institutes of Health, HHS) Contact Person: Chelsea D. Boyd, Ph.D., Officer. Scientific Review Officer, Scientific Review Dated: March 25, 2019. Committee Name: Substance Abuse and Mental Health Services Program, DEA/NIAID/NIH/DHHS, 5601 Natasha M. Copeland, Fishers Lane, MSC–9823, Rockville, MD Administration, Center for Substance 20852–9834, 240–669–2081, chelsea.boyd@ Program Analyst, Office of Federal Advisory Abuse Prevention National Advisory nih.gov. Committee Policy. Council. (Catalogue of Federal Domestic Assistance [FR Doc. 2019–05963 Filed 3–27–19; 8:45 am] Date/Time/Type: April 29, 2019 from Program Nos. 93.855, Allergy, Immunology, BILLING CODE 4140–01–P 12:00 p.m. to 5:00 p.m. EDT: (OPEN).

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Place: Adobe Connect webcast: information on the CIPAC, the activities Wednesday, April 4, 2018 for a 60-day https://samhsa-csap.adobeconnect.com/ supported by the CIPAC, the CIPAC public comment period. No comments nac/, Phone: 888–398–6901, Passcode: Membership Roster, and Council were received by DHS. The purpose of 1320907. information. this notice is to allow an additional 30 Contact: Matthew J. Aumen, On November 30, 2018, the Secretary days for public comments. Designated Federal Officer, SAMHSA of Homeland Security, Kirstjen M. DATES: Comments are encouraged and CSAP NAC, 5600 Fishers Lane, Nielsen signed a renewal of the CIPAC will be accepted until April 29, 2019. Rockville, MD 20852, Telephone: 240– Charter for an additional two years. The This process is conducted in accordance 276–2440, Fax: 301–480–8480, Email: renewed CIPAC Charter supersedes the with 5 CFR 1320.1. [email protected]. CIPAC Charter dated November 30, ADDRESSES: Interested persons are Dated: March 24, 2019. 2016 and is available on the CIPAC invited to submit written comments on website at http://www.dhs.gov/cipac. Carlos Castillo, the proposed information collection to The renewed CIPAC Charter includes Committee Management Officer, SAMHSA. the Office of Information and Regulatory updated information and guidelines Affairs, Office of Management and [FR Doc. 2019–05926 Filed 3–27–19; 8:45 am] concerning: (1) The formation and Budget. Comments should be addressed BILLING CODE 4162–20–P governance of working groups and cross to OMB Desk Officer, Department of sector activities; (2) the role of subject Homeland Security and sent via matter experts and limitations on their electronic mail to dhsdeskofficer@ DEPARTMENT OF HOMELAND participation in the CIPAC; (3) types of omb.eop.gov. SECURITY meetings that occur under the CIPAC; SUPPLEMENTARY INFORMATION: DHS and (4) ethics, government procurement, collects information, when necessary, in Cybersecurity and Infrastructure and intellectual property requirements administering public contracts for Security Agency; Notice of Renewal of for the CIPAC. the Critical Infrastructure Partnership supplies and services. The information Advisory Council Charter Dated: March 13, 2019. is used to determine compliance with Renee Murphy, contract terms placed in the contract as AGENCY: Cybersecurity and Designated Federal Officer, Critical authorized by the Federal Property and Infrastructure Security Agency (CISA), Infrastructure Partnership Advisory Council, Administrative Services Act (41 U.S.C. DHS. Department of Homeland Security. 251 et seq.), the Federal Acquisition ACTION: Notice of availability; renewal of [FR Doc. 2019–05966 Filed 3–27–19; 8:45 am] Regulation (FAR) (48 CFR Chapter 1), Critical Infrastructure Partnership BILLING CODE 9110–9P–P and the HSAR (48 CFR Chapter 30). Advisory Council Charter. Respondents submit information based on the terms of the contract; the SUMMARY: On November 30, 2018, the DEPARTMENT OF HOMELAND instructions in the contract deliverables Department renewed the Critical SECURITY mandatory reporting requirements; and Infrastructure Partnership Advisory correspondence from acquisition Agency Information Collection Council Charter. Through this notice, personnel requesting post-award Activities: Homeland Security the Department is making the renewed contract information. The least active Acquisition Regulation (HSAR) Post- CIPAC Charter publicly available and contracts and the simplest contracts will Award Contract Information highlighting updated information and have little to no data to report. The most guidelines that have been included in AGENCY: Office of the Chief Procurement active and complex contracts, however, the renewed charter. Officer (OCPO), Department of will contain more reporting FOR FURTHER INFORMATION CONTACT: Homeland Security (DHS). requirements. DHS believes that some of Renee Murphy, Designated Federal ACTION: 30-Day notice and request for this information is already readily Officer, (202) 590–0840, CIPAC@ comments; Extension of a currently available as part of a company’s hq.dhs.gov. approved collection, 1600–0003. business processes and that the largest SUPPLEMENTARY INFORMATION: DHS businesses use computers to compile SUMMARY: established the Critical Infrastructure The DHS OCPO will submit the data. However, a significant amount Partnership Advisory Council (CIPAC) the following Information Collection of time is spent correlating information and issued the initial CIPAC Charter on Request (ICR) to the Office of to specific contract actions and Management and Budget (OMB) for March 24, 2006.1 71 FR 14930. The gathering information for more complex review and clearance in accordance CIPAC facilitates interactions between contract actions. with the Paperwork Reduction Act of government officials and representatives The prior information collection 1995. The information requested is used of owners and/or operators for each of request for OMB No. 1600–0003 was by the Government’s contracting officers the critical infrastructure sectors approved through February 28, 2019 by and other acquisition personnel, defined by Presidential Policy Directive OMB. The purpose of this ICR is to including technical and legal staff, for 21 and identified in the National identify the additional clauses that fall various reasons such as determining the Infrastructure Protection Plan 2013: under for OMB No. 1600–0003. The suitability of contractor personnel Partnering for Critical Infrastructure collections under the HSAR are as accessing DHS facilities; to ensure no Security and Resilience. Please visit follows: organizational conflicts of interest exist • 3052.204–70 Security http://www.dhs.gov/cipac for more during the performance of contracts; to requirements for unclassified 1 The CIPAC was established consistent with 6 ensure the contractor maintains information technology resources. U.S.C. 121 and 6 U.S.C. 451(a). Pursuant to the applicable licenses and permits for the (Required in all solicitations and Cybersecurity and Infrastructure Security Agency removal and disposal of hazardous contracts that require submission of an Act of 2018, the National Protection Program materials; and to otherwise ensure firms IT Security Plan.) This clause applies to Directorate (NPPD) was redesignated as CISA and the authorities related to the CIPAC under 6 U.S.C. are performing in the Government’s best all contractor systems connected to a 121 were transferred to 6 U.S.C. 652. See 6 U.S.C. interest. DHS previously published this DHS network and those contracts where 652. ICR in the Federal Register on the Contractor must have physical or

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electronic access to sensitive contracts when the selection for award Electronic Subcontracting Reporting information contained in DHS is substantially based on the offeror’s System (eSRS) to submit subcontracting unclassified systems. The contractor is possession of special capabilities reporting data. asked to prepare, provide and maintain regarding personnel or facilities.) • 3052.219–71 DHS Mentor-Prote´ge´ an IT Security Plan. Contractors will have to provide notice Program. (Included in solicitations • 3052.204–71 Contractor employee of and documentation related to changes where subcontracting plans are access. (Required when contractor in key personnel for evaluation, anticipated) The amount of credit given employees require recurring access to including, resumes; description of the to a contractor mentor firm for prote´ge´ Government facilities or access to duties the replacement will assume; developmental assistance costs must be sensitive info.) Contractors may be description of any change in duties and calculated on a dollar for dollar basis subject to background investigations confirmation that such change will not and reported in the Summary and will have to provide information as negatively impact contract performance. Subcontract Report via the Electronic required by the DHS Security Office. • 3052.216–71 Determination of Subcontracting Reporting System (eSRS) The information requested is in addition Award Fee. (Required in solicitations at www.esrs.gov. to the information requested through and contracts that include an award • 3052.222–70 Strikes or Picketing Standard Form (SF) 86. fee.) Contractor may submit a Affecting Timely Completion of the • 3052.205–70 Advertisements, performance self-evaluation for each Contract Work. (Generally included in Publicizing Awards, and Releases. evaluation period. solicitations and contracts.) Contractor (Required for all contracts exceeding • 3052.217–91 Performance (U.S. must take all reasonable and appropriate Simplified Acquisition Threshold.) Coast Guard (USCG)). (Required in action to end a strike or picketing. Delay Contractors may have to provide copies sealed bid fixed-price solicitations and caused by a strike or by picketing which of information related to advertisements contracts for vessel repair, alteration, or constitutes an unfair labor practice is and release statements to receive conversion which are to be performed not excusable unless the Contractor approval for publication. within the United States, its takes all reasonable and appropriate • 3052.209–72 Organizational possessions, or Puerto Rico. Also action to end such a strike or picketing, Conflict of Interest, paragraphs (f) and required in negotiated solicitations and such as the filing of a charge with the (g) (Included in solicitations and contracts to be performed outside the National Labor Relations Board, the use contracts where a potential United States.) Contractor must request of other available Government organizational conflict of interest exists prior approval to conduct dock and sea procedures, and the use of private and mitigation may be possible.) trials. boards or organizations for the Contractors will have to provide • 3052.217–92 Inspection and settlement of disputes. The contractor information related to actual or Manner of Doing Work (USCG). may be required to submit information potential conflicts of interest and a (Required in sealed bid fixed-price to the contracting officer. mitigation plan. solicitations and contracts for vessel • 3052.222–71 Strikes or Picketing • 3052.209–75 Prohibited Financial repair, alteration, or conversion which Affecting Access to a DHS Facility. Interests for Lead System Integrators. are to be performed within the United (Generally included in solicitations and (Required in solicitations and contracts States, its possessions, or Puerto Rico. contracts.) Contractor is responsible if for the acquisition of a major system Also required in negotiated solicitations strike or picketing is directed at the when the acquisition strategy envisions and contracts to be performed outside Contractor and impedes access by any the use of a lead system integrator or the United States.) Contractor must person to a DHS facility. Contractor when the contractor will be the lead maintain complete records of all must take all reasonable and appropriate system integrator.) Contractors will have inspection work and shall make them action to end a strike or picketing. The to provide information related to available to the Government during contractor may be required to submit changes in financial interests. performance of the contract and for 90 information to the contracting officer. • 3052.209–76 Prohibition on days after the completion of all work • 3052.223–70 Removal or disposal Federal Protective Service Guard required. of hazardous substances—applicable Services Contracts with Business • 3052.217–95 Liability and licenses and permits. (Required in Concerns Owned, Controlled, or Insurance (USCG). (Required in sealed solicitations and contracts involving the Operated by an Individual Convicted of bid fixed-price solicitations and removal or disposal of hazardous waste a Felony, paragraph (h). (Section 2 of contracts for vessel repair, alteration, or material.) Contractors will have to the Federal Protective Service Guard conversion which are to be performed provide evidence of licenses and Contracting Reform Act of 2008, Pub. L. within the United States, its permits to perform hazardous substance 110–356, generally prohibits DHS from possessions, or Puerto Rico. Also removal. entering into a contract for guard required in negotiated solicitations and • 3052.223–90 Accident and Fire services under the Federal Protective contracts to be performed outside the Reporting (USCG). (Included in Service (FPS) guard services program United States.) Contractor shall provide solicitations and contracts involving the with any business concern owned, evidence of the insurance and give the removal of hazardous waste material.) controlled, or operated by an individual Contracting Officer written notice after Contractor must report incidents convicted of a serious felony.) The the occurrence of a loss or damage for involving fire or accidents at a worksite. notification required by paragraph (h) which the Government has assumed the Contractors may provide this applies to any contractual instrument risk. If any loss or damage will result in information using a state, private that may result in the issuance of task a claim against the Government, the insurance carrier, or Contractor accident orders. Contractors will have to provide contractor shall provide notice. report form. information on any felony conviction of • 3052.219–70 Small Business • 3052.228–91 Loss of or Damage to personnel who own, control or operate subcontracting plan reporting. Leased Aircraft (USCG). (Included in a business during the performance a (Generally included in solicitations and any contract for the lease of an aircraft.) contract. contracts that offer subcontracting In the event of loss of or damage to an • 3052.215–70 Key personnel or possibilities and are expected to exceed aircraft, the Government shall be facilities. (Required in solicitations and $700,000.) Contractors must use subrogated to all rights of recovery by

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the Contractor against third parties for Federal and agency acquisition DEPARTMENT OF THE INTERIOR such loss or damage and the Contractor regulations. must promptly assign such rights in The burden estimates are based upon Geological Survey writing to the Government. definitive contract award data reported [GX19.WB12.C25A1.00; OMB Control • 3052.228–93 Risk and Indemnities by DHS and its Components to the Number 1028–0116/Renewal] (USCG). (Included in any contract for Federal Procurement Data System the lease of an aircraft.) Requires the (FPDS) for Fiscal Year 2016. No program Agency Information Collection contractor to provide the Government changes occurred, however the burden Activities; Submission to the Office of with evidence of insurance. was adjusted to reflect an increase in the Management and Budget for Review • 3052.235.70 Dissemination of number of respondents within DHS for and Approval; Alaska Beak Deformity Information-Educational Institutions. Fiscal Year 2016, as well as an increase Observations (Included in contracts with educational in the average hourly wage rate. The AGENCY: U.S. Geological Survey, institutions for research that are not decrease in the previously reported Interior. sensitive or classified.) Contractors must average burden per response (from 14 provide advanced electronic copies of hours to 6.2 hours) is as a result of the ACTION: Notice of information collection; articles to the Government covering the addition of clauses to the burden hour request for comment. results of research it plans to publish. analysis with relatively low burden SUMMARY: In accordance with the The information requested is used by hours. Paperwork Reduction Act of 1995, we, the Government’s contracting officers This is an extension of a currently the U.S. Geological Survey (USGS) are and other acquisition personnel, approved collection, 1600–0003. OMB proposing to renew an information including technical and legal staff, for is particularly interested in comments collection. various reasons such as determining the which: DATES: Interested persons are invited to suitability of contractor personnel 1. Evaluate whether the proposed submit comments on or before April 29, accessing DHS facilities; to ensure no collection of information is necessary 2019. organizational conflicts of interest exist for the proper performance of the during the performance of contracts; to functions of the agency, including ADDRESSES: Send written comments on ensure the contractor maintains whether the information will have this information collection request (ICR) applicable licenses and permits for the practical utility; to the Office of Management and removal and disposal of hazardous 2. Evaluate the accuracy of the Budget’s Desk Officer for the materials; and to otherwise ensure firms Department of the Interior by email at agency’s estimate of the burden of the _ are performing in the Government’s best proposed collection of information, OIRA [email protected]; or via interest. Failure to collect this including the validity of the facsimile to (202) 395–5806. Please information would adversely affect the methodology and assumptions used; provide a copy of your comments to quality of products and services DHS 3. Enhance the quality, utility, and U.S. Geological Survey, Information receives from contractors. For example, clarity of the information to be Collections Officer, 12201 Sunrise potentially, contractors who are lead collected; and Valley Drive MS 159, Reston, VA 20192; or by email to gs-info_collections@ system integrators could acquire direct 4. Minimize the burden of the usgs.gov. Please reference OMB Control financial interests in major systems the collection of information on those who Number 1028–0116 in the subject line of contractors are contracted to procure, are to respond, including through the your comments. which would compromise the integrity use of appropriate automated, of acquisitions for the Department. In electronic, mechanical, or other FOR FURTHER INFORMATION CONTACT: To addition, contractors who own, control technological collection techniques or request additional information about or operate a business providing other forms of information technology, this ICR, contact Colleen Handel, Alaska protective guard services could possess e.g., permitting electronic submissions Science Center by email at cmhandel@ felony convictions during the of responses. usgs.gov, or by telephone at 907–786– performance of contracts, putting the 7181. You may also view the ICR at Department at risk. Furthermore, Analysis http://www.reginfo.gov/public/do/ contractors could change key personnel Agency: Office of the Chief PRAMain. during the performance of contracts and Procurement Officer, DHS. SUPPLEMENTARY INFORMATION: In use less experienced or less qualified Title: Agency Information Collection accordance with the Paperwork personnel to reduce costs, which would Activities: Homeland Security Reduction Act of 1995, we provide the adversely affect DHS’s fulfillment of its Acquisition Regulation (HSAR) Post- general public and other Federal mission requirements. Award Contract Information. agencies with an opportunity to Many sources of the requested OMB Number: 1600–0003. comment on new, proposed, revised, information use automated word Frequency: On Occasion. and continuing collections of processing systems, databases, Affected Public: Individuals or information. This helps us assess the spreadsheets, project management and Households. impact of our information collection other commercial software to facilitate Number of Respondents: 12,627. requirements and minimize the public’s preparation of material to be submitted. Estimated Time per Respondent: 6.2 reporting burden. It also helps the With Government-wide implementation hours. public understand our information of e-Government initiatives, it is Total Burden Hours: 234,862. collection requirements and provide the commonplace within many of DHS’s requested data in the desired format. Components for submissions to be Dated: March 19, 2019. A Federal Register notice with a 60- electronic. Scott Ewalt, day public comment period soliciting Disclosure/non-disclosure of Acting Executive Director, Enterprise comments on this collection of information is handled in accordance Business Management Office. information was published on December with the Freedom of Information Act [FR Doc. 2019–05967 Filed 3–27–19; 8:45 am] 6, 2018 (83 FR 62881). No comments (FOIA), other disclosure statutes, and BILLING CODE 9110–9B–P were received.

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We are again soliciting comments on Estimated Completion Time per Native American Graves Protection and the proposed ICR that is described Response: 5 minutes to read the Repatriation Act (NAGPRA), 25 U.S.C. below. We are especially interested in instructions and 10 minutes to complete 3005, of the intent to repatriate cultural public comment addressing the the response form. items under the control of the Field following issues: (1) Is the collection Total Estimated Number of Annual Museum, Chicago, IL that meet the necessary to the proper functions of the Burden Hours: 63 hours. definition of unassociated funerary USGS; (2) will this information be Respondent’s Obligation: Voluntary. objects under 25 U.S.C. 3001. processed and used in a timely manner; Frequency of Collection: On occasion. This notice is published as part of the (3) is the estimate of burden accurate; Total Estimated Annual Nonhour National Park Service’s administrative Burden Cost: None. (4) how might the USGS enhance the responsibilities under NAGPRA, 25 An agency may not conduct or quality, utility, and clarity of the U.S.C. 3003(d)(3). The determinations in sponsor and a person is not required to information to be collected; and (5) how this notice are the sole responsibility of might the USGS minimize the burden of respond to a collection of information unless it displays a currently valid OMB the museum, institution, or Federal this collection on the respondents, agency that has control of the Native including through the use of control number. The authority for this action is the American cultural items. The National information technology. Paperwork Reduction Act of 1995 (44 Park Service is not responsible for the Comments that you submit in determinations in this notice. response to this notice are a matter of U.S.C. 3501 et seq). public record. Before including your Christian Zimmerman, History and Description of the Cultural address, phone number, email address, Alaska Science Center Director. Items or other personal identifying [FR Doc. 2019–05907 Filed 3–27–19; 8:45 am] In 1899, 54 cultural items were information in your comment, you BILLING CODE 4338–11–P removed from the sites of Homolovi I should be aware that your entire and II in Navajo County, AZ. These comment—including your personal items were removed from burials by J.A. identifying information—may be made DEPARTMENT OF THE INTERIOR Burt, an employee of the Field Museum, publicly available at any time. While as part of a Museum-sponsored you can ask us in your comment to National Park Service excavation he conducted during the withhold your personal identifying [NPS–WASO–NAGPRA–NPS0027397; winter of 1899–1900. The 38 information from public review, we PPWOCRADN0–PCU00RP14.R50000] unassociated funerary objects from cannot guarantee that we will be able to Homolovi I consist of one awl, one do so. Notice of Intent To Repatriate Cultural knife, one stone ear pendant, three Abstract: As part of the USGS Items: The Field Museum, Chicago, IL ceramic mugs, four ceramic ladles, four Ecosystems mission to assess the status AGENCY: National Park Service, Interior. ceramic pots, and 24 ceramic bowls. and trends of the Nation’s biological The 16 unassociated funerary objects ACTION: Notice. resources, the Alaska Science Center from Homolovi II consist of one ceramic Landbird Program conducts research on SUMMARY: The Field Museum, in cup, one chipped stone object, two avian populations within Alaska. consultation with the appropriate ceramic ladles, four ceramic pots, and Beginning in the late 1990s, an outbreak Indian Tribes or Native Hawaiian eight ceramic bowls. of beak deformities in Black-capped organizations, has determined that the Homolovi I was occupied from Chickadees emerged in southcentral cultural items listed in this notice meet around A.D. 1285 to 1390, and Alaska. USGS scientists launched a the definition of unassociated funerary Homolovi II was occupied from around study to understand the scope of this objects. Lineal descendants or A.D. 1350 to 1400. Based on problem and its effect on wild birds. representatives of any Indian Tribe or archeological research, scholarly Since that time, researchers have Native Hawaiian organization not research, consultation, and museum gathered important information about identified in this notice that wish to records, both Homolovi I and II are the deformities but their cause still claim these cultural items should affiliated with the Hopi Tribe of Arizona remains unknown. Members of the submit a written request to the Field and the Zuni Tribe of the Zuni public provide observation reports of Museum. If no additional claimants Reservation, New Mexico. The items birds with deformities from around come forward, transfer of control of the described above were determined to be Alaska and other regions of North cultural items to the lineal descendants, unassociated funerary objects based on America. These reports are very Indian Tribes, or Native Hawaiian Burt’s own notes, which indicate the important in that they allow researchers organizations stated in this notice may specific grave from which he removed to determine the geographical proceed. each item. distribution and species affected. Data DATES: Lineal descendants or collection over such a large and remote representatives of any Indian Tribe or Determinations Made by the Field area would not be possible without the Native Hawaiian organization not Museum public’s assistance. identified in this notice that wish to Officials of the Field Museum have Title of Collection: Alaska Beak claim these cultural items should determined that: Deformity Observations. submit a written request with • Pursuant to 25 U.S.C. 3001(3)(B), OMB Control Number: 1028–0116. information in support of the claim to Form Number: None. the 54 cultural items described above the Field Museum at the address in this Type of Review: Extension of a are reasonably believed to have been notice by April 29, 2019. currently approved collection. placed with or near individual human Respondents/Affected Public: ADDRESSES: Helen Robbins, The Field remains at the time of death or later as Individuals/households. Museum, 1400 S Lake Shore Drive, part of the death rite or ceremony and Total Estimated Number of Annual Chicago, IL 60605, telephone (312) 665– are believed, by a preponderance of the Respondents: 250. 7317, email [email protected]. evidence, to have been removed from a Total Estimated Number of Annual SUPPLEMENTARY INFORMATION: Notice is specific burial site of a Native American Responses: 250. here given in accordance with the individual.

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• Pursuant to 25 U.S.C. 3001(2), there Native Hawaiian organizations stated in European manufacture. Two is a relationship of shared group this notice may proceed. archeologists subsequently worked to identity that can be reasonably traced DATES: Lineal descendants or locate and document as much cultural between the unassociated funerary representatives of any Indian Tribe or material as possible, and made a surface objects and the Hopi Tribe of Arizona Native Hawaiian organization not collection at the site. In 1981, the and the Zuni Tribe of the Zuni identified in this notice that wish to human remains they recovered were Reservation, New Mexico. request transfer of control of these donated to the University of Alabama. The human remains include fragments Additional Requestors and Disposition human remains should submit a written request with information in support of of human bone from the surface or with Lineal descendants or representatives the request to the University of Alabama no provenience, and include the of any Indian Tribe or Native Hawaiian Museums at the address in this notice following individuals: Miscellaneous organization not identified in this notice by April 29, 2019. 1A (HRID 4673.1) from the surface, a that wish to claim these cultural items 25–35 year old female; Miscellaneous ADDRESSES: Dr. William Bomar, should submit a written request with 1B (HRID 4673.2) from the surface, a Executive Director, University of information in support of the claim to 25–35 year old of indeterminate sex; Alabama Museums, 121 Smith Hall, Helen Robbins, The Field Museum, Miscellaneous 1C (HRID 4673.3) from Tuscaloosa, AL 35487, telephone (205) 1400 S Lake Shore Drive, Chicago, IL the surface, an individual of 348–7550, email [email protected]. 60605, telephone (312) 665–7317, email indeterminate sex at least 18 years old; [email protected], by April 29, SUPPLEMENTARY INFORMATION: Notice is and Miscellaneous 2 (HRID 4674), 2019. After that date, if no additional here given in accordance with the unprovenienced, a male 20–30 years claimants have come forward, transfer Native American Graves Protection and old. No known individuals were of control of the unassociated funerary Repatriation Act (NAGPRA), 25 U.S.C. identified. No associated funerary objects to the Hopi Tribe of Arizona and 3003, of the completion of an inventory objects are present. the Zuni Tribe of the Zuni Reservation, of human remains under the control of The mortuary practices exhibited at New Mexico may proceed. the University of Alabama Museums, this site are consistent with known The Field Museum is responsible for Tuscaloosa, AL. The human remains aboriginal practices. The Protohistoric notifying the Hopi Tribe of Arizona and were removed from site 1Ce308, component at Site 1Ce308 is marked by the Zuni Tribe of the Zuni Reservation, Cherokee County, AL, and site 1Tu52, pottery of the sand tempered Lamar New Mexico that this notice has been Tuscaloosa County, AL. ceramic series. The Lamar ceramics, the published. This notice is published as part of the artifacts of European manufacture, and National Park Service’s administrative Dated: February 25, 2019. other artifacts such as Citico style shell responsibilities under NAGPRA, 25 Melanie O’Brien, gorgets are consistent with a sixteenth U.S.C. 3003(d)(3). The determinations in century date. The Protohistoric Barnette Manager, National NAGPRA Program. this notice are the sole responsibility of phase is considered to be directly [FR Doc. 2019–06003 Filed 3–27–19; 8:45 am] the museum, institution, or Federal ancestral to the eighteenth century BILLING CODE 4312–52–P agency that has control of the Native Coosa-Abhika Creek towns. American human remains and funerary In 1936, human remains representing, objects. The National Park Service is not at minimum, two individuals were DEPARTMENT OF THE INTERIOR responsible for the determinations in removed from site 1Tu52, the Haney National Park Service this notice. site, in Tuscaloosa County, AL. Site 1Tu52 was originally discovered in Consultation [NPS–WASO–NAGPRA–NPS0027384; 1931, when the landowner plowed up a PPWOCRADN0–PCU00RP14.R50000] A detailed assessment of the human burial containing five glass beads. In remains was made by the University of 1933, he brought this find to the Notice of Inventory Completion: Alabama Museums professional staff in attention of the Alabama Museum of University of Alabama Museums, consultation with representatives of the Natural History, now within the Tuscaloosa, AL Alabama-Coushatta Tribe of Texas University of Alabama Museums. The AGENCY: National Park Service, Interior. (previously listed as the Alabama- Alabama Museum of Natural History ACTION: Notice. Coushatta Tribes of Texas); Cherokee conducted excavations at the site in Nation; Coushatta Tribe of Louisiana; 1936. These excavations encountered SUMMARY: The University of Alabama Eastern Band of Cherokee Indians; The four burials, all within a relatively Museums has completed an inventory of Chickasaw Nation; The Choctaw Nation small, 2 meter by 5 meter area. The human remains, in consultation with of Oklahoma; The Muscogee (Creek) human remains were very poorly the appropriate Indian Tribes or Native Nation; and the United Keetoowah Band preserved, and only human remains Hawaiian organizations, and has of Cherokee Indians in Oklahoma from Burial 1 are present in the determined that there is a cultural (hereafter referred to as ‘‘The Consulted collection. The human remains have affiliation between the human remains Tribes’’). been at the University of Alabama since and present-day Indian Tribes or Native 1936. Two individuals are represented Hawaiian organizations. Lineal History and Description of the Remains within Burial 1. Burial 1A (HRID descendants or representatives of any In 1976, human remains representing, 4716.1) is a 12–16 year old of unknown Indian Tribe or Native Hawaiian at minimum, four individuals were sex. Burial 1B (HRID 4716.2) is a 3–5 organization not identified in this notice removed from Site 1Ce308, Polecat year old. One associated funerary object, that wish to request transfer of control Ford, in Cherokee County, AL. After an occurrence of glass beads, is missing of these human remains should submit deep plowing exposed burials, the site from the collection. a written request to the University of was leased to a group of looters. Their Trade goods associated with each Alabama Museums. If no additional excavations encountered a number of burial may be dated to the late requestors come forward, transfer of burials which included Protohistoric, eighteenth century. That date is control of the human remains to the Barnette phase, aboriginal artifacts along corroborated by both the 1936 lineal descendants, Indian Tribes, or with items of sixteenth century excavations and a subsequent

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reinvestigation by a University of ACTION: Notice. the cemetery on the knoll. The Alabama student site for a 2011 M.A. collections have been curated at UCLA thesis. The historic Native American SUMMARY: The Fowler Museum at since 1960. The site has been dated to ceramics from both investigations are University of California (UCLA) in A.D. 340 +/¥80 years. The 25 primarily Creek related: Chattahoochee consultation with the appropriate unassociated funerary objects are four Brushed, Oakmulgee Fields Incised, and Indian Tribes or Native Hawaiian bowl fragments, two metate fragments, sherds of the shell tempered McKee organizations, has determined that the two pestle fragments, 12 flaked stone Island series. It should be noted, cultural items listed in this notice meet tools, two flakes, one finishing stone, however, that one sherd of Chickachae the definition of unassociated funerary and two bi-pitted anvils. Combed, a Choctaw type, was also objects. Lineal descendants or Through consultation, the Fowler found. representatives of any Indian Tribe or Museum has determined that the Pismo Native Hawaiian organization not Creek site lies within the traditional Determinations Made by the University identified in this notice that wish to territory of the Chumash. This of Alabama Museums claim these cultural items should determination is consistent with Officials of the University of Alabama submit a written request to the Fowler ethnographic and historic Museums have determined that: Museum at UCLA. If no additional documentation. The unassociated • Pursuant to 25 U.S.C. 3001(9), the claimants come forward, transfer of funerary objects in this notice are human remains described in this notice control of the cultural items to the lineal consistent with others that are represent the physical remains of six descendants, Indian Tribes, or Native attributable to groups ancestral to the individuals of Native American Hawaiian organizations stated in this present-day Chumash people. The ancestry. notice may proceed. material culture of the earlier groups • Pursuant to 25 U.S.C. 3001(2), there DATES: Lineal descendants or living in the geographical area is a relationship of shared group representatives of any Indian Tribe or encompassing the Pismo Creek site is identity that can be reasonably traced Native Hawaiian organization not characterized by archeologists as having between the Native American human identified in this notice that wish to passed through various stages over the remains and The Muscogee (Creek) claim these cultural items should past 10,000 years. Many local Nation. submit a written request with archeologists assert that the changes in information in support of the claim to the material culture reflect evolving Additional Requestors and Disposition the Fowler Museum at UCLA at the ecological adaptations and related Lineal descendants or representatives address in this notice by April 29, 2019. changes in social organization of the of any Indian Tribe or Native Hawaiian ADDRESSES: Wendy G. Teeter, Ph.D., same populations, and do not represent organization not identified in this notice Fowler Museum at UCLA, Box 951549, population displacements or that wish to request transfer of control Los Angeles, CA 90095–1549, telephone movements. The same range of artifact of these human remains should submit (310) 825–1864, email wteeter@ types and materials were used from the a written request with information in arts.ucla.edu. early pre-contact period until historic support of the request to Dr. William times. Native consultants explicitly state SUPPLEMENTARY INFORMATION: Bomar, Executive Director, University of Notice is that population mixing, which did Alabama Museums, 121 Smith Hall, here given in accordance with the occur on a small scale, would not alter Tuscaloosa, AL 35487, telephone (205) Native American Graves Protection and the continuity of the shared group 348–7550, email [email protected], by Repatriation Act (NAGPRA), 25 U.S.C. identities of people associated with April 29, 2019. After that date, if no 3005, of the intent to repatriate cultural specific locales. Based on this evidence, additional requestors have come items under the control of the Fowler shared group identity may reasonably be forward, transfer of control of the Museum at UCLA, Los Angeles, CA that traced between the earlier group at the human remains to The Muscogee meet the definition of unassociated Pismo Creek site and present-day (Creek) Nation may proceed. funerary objects under 25 U.S.C. 3001. Chumash people. This notice is published as part of the The University of Alabama Museums National Park Service’s administrative Determinations Made by the Fowler is responsible for notifying The responsibilities under NAGPRA, 25 Museum at University of California Los Consulted Tribes that this notice has U.S.C. 3003(d)(3). The determinations in Angeles been published. this notice are the sole responsibility of Officials of the Fowler Museum at Dated: February 25, 2019. the museum, institution, or Federal University of California Los Angeles Melanie O’Brien, agency that has control of the Native have determined that: Manager, National NAGPRA Program. American cultural items. The National • Pursuant to 25 U.S.C. 3001(3)(B), [FR Doc. 2019–05995 Filed 3–27–19; 8:45 am] Park Service is not responsible for the the 25 cultural items described above BILLING CODE 4312–52–P determinations in this notice. are reasonably believed to have been placed with or near individual human History and Description of the Cultural remains at the time of death or later as Items DEPARTMENT OF THE INTERIOR part of the death rite or ceremony and In March 1960, 25 cultural items were are believed, by a preponderance of the National Park Service removed from the banks of Pismo Creek evidence, to have been removed from a (CA–SLO–832) in San Luis Obispo specific burial site of a Native American [NPS–WASO–NAGPRA–NPS0027388; County, CA. Collections from the site individual. PPWOCRADN0–PCU00RP14.R50000] derive from salvage operations led by • Pursuant to 25 U.S.C. 3001(2), there Notice of Intent To Repatriate Cultural M.B. McKusick before the complete is a relationship of shared group Items: Fowler Museum at University of destruction of a cemetery due to identity that can be reasonably traced California Los Angeles, Los Angeles, construction activities on privately between the unassociated funerary CA owned land. No human remains were objects and the Santa Ynez Band of collected. Unassociated funerary objects Chumash Mission Indians of the Santa AGENCY: National Park Service, Interior. were identified as being removed from Ynez Reservation, California.

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Additional Requestors and Disposition organizations stated in this notice may Mexico; Pueblo of Taos, New Mexico; Lineal descendants or representatives proceed. and the Zuni Tribe of the Zuni of any Indian Tribe or Native Hawaiian DATES: Lineal descendants or Reservation, New Mexico. The organization not identified in this notice representatives of any Indian Tribe or Havasupai Tribe of the Havasupai that wish to claim these cultural items Native Hawaiian organization not Reservation, Arizona; Pueblo of Cochiti, should submit a written request with identified in this notice that wish to New Mexico; Pueblo of Isleta, New information in support of the claim to request transfer of control of these Mexico; Pueblo of Jemez, New Mexico; Wendy G Teeter, Ph.D., Fowler Museum human remains and associated funerary Pueblo of Nambe, New Mexico; Pueblo at UCLA, Box 951549, Los Angeles, CA objects should submit a written request of Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San 90095–1549, telephone (310) 825–1864, with information in support of the Felipe, New Mexico; Pueblo of Sandia, email [email protected], by April request to the Fowler Museum at UCLA New Mexico; Pueblo of Tesuque, New 29, 2019. After that date, if no at the address in this notice by April 29, Mexico; and the Pueblo of Zia, New additional claimants have come 2019. Mexico, were invited to consult. forward, transfer of control of the ADDRESSES: Wendy G. Teeter, Ph.D., Hereafter, all tribes listed in this section unassociated funerary objects to the Fowler Museum at UCLA, Box 951549, are referred to as ‘‘The Consulted and Santa Ynez Band of Chumash Mission Los Angeles, CA 90095–1549, telephone Invited Tribes.’’ Indians of the Santa Ynez Reservation, (310) 825–1864, email wteeter@ California may proceed. arts.ucla.edu. History and Description of the Remains The Fowler Museum at University of SUPPLEMENTARY INFORMATION: Notice is In 1961, 1962, and 1964, human California Los Angeles is responsible for here given in accordance with the remains representing, at minimum, 15 notifying the Santa Ynez Band of Native American Graves Protection and individuals were removed from Summit Chumash Mission Indians of the Santa Repatriation Act (NAGPRA), 25 U.S.C. (42–IN–40) in Iron County, UT. UCLA Ynez Reservation, California that this 3003, of the completion of an inventory Anthropology conducted multiyear notice has been published. of human remains and associated research through field schools and Dated: February 25, 2019. funerary objects under the control of the excavations directed by Claude N. Melanie O’Brien, Fowler Museum at UCLA, Los Angeles, Warren et al. (1961) and Jay Ruby (1962 Manager, National NAGPRA Program. CA. The human remains and associated and 1964). The site is dated to A.D. 900– funerary objects were removed from [FR Doc. 2019–05999 Filed 3–27–19; 8:45 am] 1100 based on the diagnostic cultural multiple sites in Iron County, UT. materials identified. In the 1980s, UCLA BILLING CODE 4312–52–P This notice is published as part of the Anthropology transferred all its National Park Service’s administrative archeological collections to the Fowler DEPARTMENT OF THE INTERIOR responsibilities under NAGPRA, 25 Museum at UCLA. The 1961 U.S.C. 3003(d)(3). The determinations in excavations include a burial containing National Park Service this notice are the sole responsibility of two infants and fragmentary remains the museum, institution, or Federal representing, at minimum, four adults. [NPS–WASO–NAGPRA–NPS0027386; agency that has control of the Native The 1962 excavations identified a burial PPWOCRADN0–PCU00RP14.R50000] American human remains and containing a child and fragmentary Notice of Inventory Completion: Fowler associated funerary objects. The remains representing, at minimum, four Museum at University of California Los National Park Service is not responsible individuals. The 1964 excavations Angeles, Los Angeles, CA for the determinations in this notice. identified two burials, each containing two adult males and fragmentary Consultation AGENCY: National Park Service, Interior. remains representing an infant and an ACTION: Notice. A detailed assessment of the human adult. No known individuals were remains was made by the Fowler identified. The 14 associated funerary SUMMARY: The Fowler Museum at Museum professional staff in objects are two pieces of stone debitage, University of California Los Angeles consultation with representatives of the one hammerstone, one ceramic sherd, (UCLA) has completed an inventory of Hopi Tribe of Arizona; Kaibab Band of four ceramic sherds, three flakes, and human remains and associated funerary Paiute Indians of the Kaibab Indian three unmodified animal bones. One objects, in consultation with the Reservation, Arizona; Kewa Pueblo, piece of stone debitage is currently appropriate Indian Tribes or Native New Mexico (previously listed as the missing from the collections. Hawaiian organizations, and has Pueblo of Santo Domingo); Navajo In 1954–1960, human remains determined that there is a cultural Nation, Arizona, New Mexico & Utah; representing, at minimum, nine affiliation between the human remains Ohkay Owingeh, New Mexico individuals were removed from and associated funerary objects and (previously listed as the Pueblo of San Paragonah (42–IN–43) in Iron County, present-day Indian Tribes or Native Juan); Paiute Indian Tribe of Utah UT. UCLA Anthropology conducted Hawaiian organizations. Lineal (Cedar Band of Paiutes, Kanosh Band of multiyear research on private land descendants or representatives of any Paiutes, Koosharem Band of Paiutes, through field schools and excavations Indian Tribe or Native Hawaiian Indian Peaks Band of Paiutes, and directed by Clement Meighan (1954– organization not identified in this notice Shivwits Band of Paiutes (formerly 1956), H. B. Nicholson (1957), and M. B. that wish to request transfer of control Paiute Indian Tribe of Utah (Cedar City McKusick (1959–1960). The site is dated of these human remains and associated Band of Paiutes, Kanosh Band of to A.D. 1050–1135 based on radiocarbon funerary objects should submit a written Paiutes, Koosharem Band of Paiutes, dating. In the 1980s, UCLA request to the Fowler Museum at UCLA. Indian Peaks Band of Paiutes, and Anthropology transferred all its If no additional requestors come Shivwits Band of Paiutes)); Pueblo of archeological collections to the Fowler forward, transfer of control of the Acoma, New Mexico; Pueblo of Laguna, Museum at UCLA. The excavations human remains and associated funerary New Mexico; Pueblo of San Ildefonso, identified four burials. The human objects to the lineal descendants, Indian New Mexico; Pueblo of Santa Ana, New remains include one adult male, one Tribes, or Native Hawaiian Mexico; Pueblo of Santa Clara, New adult female, one infant, one juvenile,

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four adults of undetermined sex, and associated funerary objects are one bone Determinations Made by the Fowler one juvenile of undetermined sex. No gaming piece, one piece of modified Museum at University of California Los known individuals were identified. The bone, 12 unmodified animal bone, eight Angeles 586 associated funerary objects are 342 utilized flakes, two hammerstones, three pieces of unmodified animal bone, three stone cores, 10 ceramic sherds, one corn Officials of the Fowler Museum at University of California Los Angeles bags of unmodified animal bones, 208 cob, and one organic fragment. ceramic sherds, one ceramic pot, one have determined that: In 1964, human remains representing, antler wedge, three red pigment • Pursuant to 25 U.S.C. 3001(9), the at minimum, one individual were samples, five bags of basketry fragments, human remains described in this notice one bone awl, two burial stones, five removed from Mortonson’s Site (42–IN– represent the physical remains of 48 organic fragments, one bag of clay with 103) in Iron County, UT, during a field individuals of Native American cordage and feather impressions, one school directed by UCLA ancestry. bag of wood fragments, two stone beads, Anthropologist Jay Ruby and Frank • Pursuant to 25 U.S.C. 3001(3)(A), five stone manos, three hammerstones, Balzer. The site was dated to A.D. 980– the 645 objects described in this notice one stone scraper, one stone flake, and 1413 by Richard Talbot. In the 1980s, are reasonably believed to have been one stone hatch cover fragment. The UCLA Anthropology transferred all its placed with or near individual human following 296 associated funerary archeological collections to the Fowler remains at the time of death or later as objects are currently missing from the Museum at UCLA. Excavations part of the death rite or ceremony. collections: One bone gaming piece, 24 identified a burial representing an adult • pieces of animal bone, one worked male individual. No known individuals Pursuant to 25 U.S.C. 3001(2), there pottery sherd, 199 pottery sherds and were identified. The three associated is a relationship of shared group one bag of pottery sherds, 10 pieces of funerary objects are unmodified animal identity that can be reasonably traced charcoal, nine bags of charcoal, one clay bones. between the Native American human sample, 17 pieces of carbonized seeds, remains and associated funerary objects six bags of carbonized seeds, eight Continuity between the prehistoric and the Hopi Tribe of Arizona; Paiute pieces of corn cob fragments and two Great Basin, Ancestral Puebloan, and Indian Tribe of Utah (Cedar Band of bags of corn cob fragments, one bag of Fremont cultures and the modern Paiute Paiutes, Kanosh Band of Paiutes, wood fragments, two pieces of clay with of Utah, Hopi and Zuni tribes is Koosharem Band of Paiutes, Indian wood fragments, four pieces of chipped evidenced by similarities in material Peaks Band of Paiutes, and Shivwits stone, nine projectile points, and one culture, architectural styles, and Band of Paiutes (formerly Paiute Indian stone bead. There is a note that mortuary practices, as well as biological, Tribe of Utah (Cedar City Band of materials from Robinson’s Silo and geographic, ethnographic, and oral Paiutes, Kanosh Band of Paiutes, House 16 are on permanent loan to the histories. Archeological studies showing Koosharem Band of Paiutes, Indian College of Southern Utah since June continuities of basketry, ceramics and Peaks Band of Paiutes, and Shivwits 1960. projectile point chronologies indicate a Band of Paiutes)); and the Zuni Tribe of In the summer of 1960, human cultural affiliation between the Fremont the Zuni Reservation, New Mexico, remains representing, at minimum, four of this area and Numic-speaking groups hereafter referred to as ‘‘The Affiliated individuals were removed from Evan’s identified in the area during the contact Tribes’’. Mound (42–IN–44) in Iron County, UT, period. Physical anthropologists have during a summer field school conducted Additional Requestors and Disposition suggested incipient beginnings for the by UCLA Anthropologist M. B. Fremont with ever increasing influence Lineal descendants or representatives McKusick. The site is dated to A.D. of any Indian Tribe or Native Hawaiian 1050–1130 based on radiocarbon dating. of Pueblo people. Genetic analyses organization not identified in this notice In the 1980s, UCLA Anthropology support a close biological relationship that wish to request transfer of control transferred all its archeological among the Fremont and the modern of these human remains and associated collections to the Fowler Museum at Hopi and Zuni peoples. In addition, funerary objects should submit a written UCLA. Excavations identified a burial architectural styles, masonry request with information in support of containing, at minimum, two infants, techniques, and certain structure types the request to Wendy G. Teeter, Ph.D., one adult of unknown sex, and one suggest cultural continuity between Fowler Museum at UCLA, Box 951549, infant of unknown sex. No known prehistoric and modern Pueblo groups. Los Angeles, CA 90095–1549, telephone individuals were identified. The three Distinctive cultural patterns, however, (310) 825–1864, email wteeter@ associated funerary objects are one indicate that the Fremont were a lignite bead and two ceramic sherds. arts.ucla.edu, by April 29, 2019. After discrete group among the prehistoric that date, if no additional requestors In 1964, human remains representing, Great Basin or Ancestral Pueblo at minimum, 19 individuals were have come forward, transfer of control peoples. Several sites indicate Ancestral of the human remains and associated removed from Parowan (42–IN–100) in Pueblo and Great Basin material culture Iron County, UT, during a field school funerary objects to The Affiliated Tribes alongside distinctive Fremont cultural may proceed. directed by UCLA Anthropologist Jay styles, such as signature Snake Valley Ruby. The site is dated to A.D. 980– The Fowler Museum at University of gray wares and rock art design styles 1413 based on radiocarbon dating. In California Los Angeles is responsible for and elements. Finally, the Hopi Tribe, the 1980s, UCLA Anthropology notifying The Consulted and Invited transferred all its archeological the Paiute Tribe of Utah, and the Pueblo Tribes that this notice has been collections to the Fowler Museum at of Zuni have presented oral traditions published. indicating that ancestral groups and/or UCLA. Excavations identified four Dated: February 25, 2019. burials containing four infants, one specific clans or lineages inhabited this perinatal, two juveniles, ten adults, and Fremont area from the very earliest of Melanie O’Brien, one individual that could not be times. Manager, National NAGPRA Program. identified further. No known [FR Doc. 2019–05998 Filed 3–27–19; 8:45 am] individuals were identified. The 39 BILLING CODE 4312–52–P

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DEPARTMENT OF THE INTERIOR American human remains and Through consultation, the Fowler associated funerary objects. The Museum has determined that all the National Park Service National Park Service is not responsible above described sites lie within the [NPS–WASO–NAGPRA–NPS0027392; for the determinations in this notice. traditional territory of the Luiseno. Moreover, the identification of these PPWOCRADN0–PCU00RP14.R50000] Consultation locations as ethnographically Luiseno is Notice of Inventory Completion: Fowler A detailed assessment of the human supported by historic documentation. Museum at University of California Los remains was made by the Fowler Determinations Made by the Fowler Angeles, Los Angeles, CA Museum at UCLA professional staff in consultation with representatives of the Museum at University of California Los AGENCY: National Park Service, Interior. La Jolla Band of Luiseno Indians, Angeles ACTION: Notice. California (previously listed as the La Officials of the Fowler Museum at Jolla Band of Luiseno Mission Indians of University of California Los Angeles SUMMARY: The Fowler Museum at the La Jolla Reservation); Pala Band of have determined that: University of California Los Angeles Mission Indians (previously listed as the • Pursuant to 25 U.S.C. 3001(9), the (UCLA) has completed an inventory of Pala Band of Luiseno Mission Indians of human remains described in this notice human remains, in consultation with the Pala Reservation, California); Pauma represent the physical remains of five the appropriate Indian Tribes or Native Band of Luiseno Mission Indians of the individuals of Native American Hawaiian organizations, and has Pauma & Yuima Reservation, California; ancestry. determined that there is a cultural Pechanga Band of Luiseno Mission • Pursuant to 25 U.S.C. 3001(2), there affiliation between the human remains Indians of the Pechanga Reservation, is a relationship of shared group and associated funerary objects and California; Rincon Band of Luiseno identity that can be reasonably traced present-day Indian Tribes or Native Mission Indians of the Rincon between The Tribes. Hawaiian organizations. Lineal Reservation, California; and the Soboba descendants or representatives of any Band of Luiseno Indians, California, Additional Requestors and Disposition Indian Tribe or Native Hawaiian hereafter referred to as ‘‘The Tribes.’’ Lineal descendants or representatives organization not identified in this notice The non-federally recognized Indian of any Indian Tribe or Native Hawaiian that wish to request transfer of control group San Luis Rey Band of Mission organization not identified in this notice of these human remains should submit Indians was also consulted. that wish to request transfer of control a written request to the Fowler Museum of these human remains should submit at UCLA. If no additional requestors History and Description of the Remains a written request with information in come forward, transfer of control of the Between 1955 and 1957, human support of the request to Wendy G human remains to the lineal remains representing, at minimum, Teeter, Ph.D., Fowler Museum at UCLA, descendants, Indian Tribes, or Native three individuals were removed from Box 951549, Los Angeles, CA 90095– Hawaiian organizations stated in this Molpa (CA–SDI–308) in San Diego 1549, telephone (310) 825–1864, email notice may proceed. County, CA. Excavations were [email protected], by April 29, DATES: Lineal descendants or conducted by Clement Meighan of 2019. After that date, if no additional representatives of any Indian Tribe or UCLA on private property as part of requestors have come forward, transfer Native Hawaiian organization not UCLA archeology field classes. The of control of the human remains to The identified in this notice that wish to collections were deposited at UCLA at Tribes may proceed. request transfer of control of these the end of each field season. The site The Fowler Museum is responsible human remains should submit a written dates to the San Luis Rey II, or A.D. for notifying The Tribes that this notice request with information in support of 1500–1800. Fragmentary human has been published. remains representing three adults of the request to the Fowler Museum at Dated: February 25, 2019. unknown sex were removed from UCLA at the address in this notice by Melanie O’Brien, April 29, 2019. midden contexts. No known individuals were identified. No associated funerary Manager, National NAGPRA Program. ADDRESSES: Wendy G. Teeter, Ph.D., objects were identified. [FR Doc. 2019–06002 Filed 3–27–19; 8:45 am] Fowler Museum at UCLA, Box 951549, In 1990 and 1991, human remains BILLING CODE 4312–52–P Los Angeles, CA 90095–1549, telephone representing, at minimum, two (310) 825–1864, email wteeter@ individuals were removed from Mar arts.ucla.edu. Lado I (CA–SDI–6014) in San Luis Rey, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Notice is San Diego County, CA. Excavations National Park Service here given in accordance with the were conducted by INFOTEC Research, Native American Graves Protection and Inc. under a permit from the Army [NPS–WASO–NAGPRA–NPS0027383; Repatriation Act (NAGPRA), 25 U.S.C. Corps of Engineers (COE) as part of the PPWOCRADN0–PCU00RP14.R50000] 3003, of the completion of an inventory San Luis Rey River Flood Control of human remains and associated Project. The site has been dated to 510+/ Notice of Inventory Completion: The funerary objects under the control of the -57 B.P. As COE decided that the University of Alabama Museums, Fowler Museum at UCLA, Los Angeles, archeological materials were not under Tuscaloosa, AL; Correction CA. The human remains were removed its control, the human remains were AGENCY: National Park Service, Interior. from San Diego County, California. received by the Fowler Museum in May ACTION: Notice; correction. This notice is published as part of the 1991. Fragmentary human remains National Park Service’s administrative representing an infant individual and SUMMARY: The University of Alabama responsibilities under NAGPRA, 25 another individual of unknown age or Museums has corrected an inventory of U.S.C. 3003(d)(3). The determinations in sex were removed from midden human remains and associated funerary this notice are the sole responsibility of contexts. No known individuals were objects in a Notice of Inventory the museum, institution, or Federal identified. No associated funerary Completion published in the Federal agency that has control of the Native objects were identified. Register on June 4, 2012. This notice

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corrects the minimum number of Transfer of control of the cultural items In the Federal Register (77 FR 32988, individuals and the number of in this correction notice has not June 4, 2012), column 1, paragraph 2, associated funerary objects. Lineal occurred. sentence 10 is corrected by substituting descendants or representatives of any the following sentence: Correction Indian Tribe or Native Hawaiian Of the total collection, 16 associated organization not identified in this notice In the Federal Register (77 FR 32987, funerary objects have been located and are that wish to request transfer of control June 4, 2012), column 3, paragraph 2, available for repatriation. of these human remains and associated sentence 7 is corrected by substituting In the Federal Register (77 FR 32988, funerary objects should submit a written the following sentence: June 4, 2012), column 2, paragraph 1, request to the University of Alabama The 108 associated funerary objects sentence 1 is corrected by substituting Museums. If no additional requestors documented include one lot of brass arm the following sentence: come forward, transfer of control of the bands, one lot of brass beads, 19 brass bells, human remains and associated objects one lot of more than 40 brass bracelets, one In 1959, human remains representing, at to the lineal descendants, Indian Tribes, lot of brass collars, one lot of about 27 brass minimum, 11 individuals (HRID 4463, 4493– or Native Hawaiian organizations stated cones, three brass discs, one brass spoon, one 4494, 4555–4556, 4559, 4646.1–2, 4647, 4649, and 4652) were removed from the in this notice may proceed. brass sword hilt and handle, one brass wrist band, four brass animal cutouts, six Seven Springs site, (1Ce101), in Cherokee DATES: Lineal descendants or fragments of sheet brass, one chert abrader, County, AL. representatives of any Indian Tribe or eight chert bifaces, one chert flake, two chert In the Federal Register (77 FR 32988, Native Hawaiian organization not hammerstones, 15 chert projectile points, one June 4, 2012), column 2, paragraph 1, identified in this notice that wish to chert scraper, one fragment of fabric with request transfer of control of these brass beads, one lot of about 27,000 glass sentence 6 is corrected by substituting human remains and associated funerary beads, one glass biface, one unidentified the following sentence: objects should submit a written request gorget, one ground hematite, seven gun flints, The 47 associated funerary objects with information in support of the one iron ax, one iron buckle, two iron documented are one stone bead, one stone harpoons, two iron hoes, six iron knives, projectile point, one unidentified projectile request to the University of Alabama three iron nails, one iron pin, two iron Museums at the address in this notice point, six pottery sherds, one bone awl, one scissors, two iron fragments, one lead bead, turtle shell, three brass disks, one lot glass by April 29, 2019. one lot of ochre, one lot of pottery vessels, trade beads, four rolled tubular brass beads, ADDRESSES: Dr. William Bomar, one quartzite anvil stone, one lot of silver one fragment red ocher, 22 bone tools, one Executive Director, University of buttons, two steatite pipes, and one trade copper disc bead, one shell disc bead, one Alabama Museums, 121 Smith Hall, pipe. Plain Shell bowl, and two brass cones. Tuscaloosa, AL 35487, telephone (205) In the Federal Register (77 FR 32987, In the Federal Register (77 FR 32988, 348–7550, email [email protected]. June 4, 2012), column 3, paragraph 2, June 4, 2012), column 2, paragraph 1, SUPPLEMENTARY INFORMATION: Notice is sentence 11 is corrected by substituting sentence 9 is corrected by substituting here given in accordance with the the following sentence: the following sentence: Native American Graves Protection and Of the total collection, 99 associated Repatriation Act (NAGPRA), 25 U.S.C. Of the total collection, 45 associated funerary objects have been located and are funerary objects have been located and are 3003, of the correction of an inventory available for repatriation. available for repatriation. of human remains and associated funerary objects under the control of the In the Federal Register (77 FR 32988, In the Federal Register (77 FR 32989, University of Alabama Museums, June 4, 2012), column 1, paragraph 2, June 4, 2012), column 1, paragraph 3, Tuscaloosa, AL. The human remains sentence 1 is corrected by substituting sentence 1 is corrected by substituting and associated funerary objects were the following sentence: the following sentence: removed from sites 1Ce73 and 1Ce171 In 1958, human remains representing, at Pursuant to 25 U.S.C. 3001(9), the human in Cherokee County, AL, and site 1Sc40 minimum, 13 individuals were removed from remains described in this notice represent the in St. Clair County, AL. the Bradford Ferry site (1Ce73), in Cherokee physical remains of 65 individuals of Native This notice is published as part of the County, AL. American ancestry. National Park Service’s administrative In the Federal Register (77 FR 32988, In the Federal Register (77 FR 32989, responsibilities under NAGPRA, 25 June 4, 2012), column 1, paragraph 2, June 4, 2012), column 1, paragraph 3, U.S.C. 3003(d)(3). The determinations in sentence 2 is corrected by substituting sentence 2 is corrected by substituting this notice are the sole responsibility of the following sentence: the following sentence: the museum, institution, or Federal The remains were removed from nine Pursuant to 25 U.S.C. 3001(3)(A), the 206 agency that has control of the Native known burials and four other locations (HRID objects described above that are accounted American human remains and 4453–4462, 4495–4496, and 4462). for in the collections are reasonably believed associated funerary objects. The In the Federal Register (77 FR 32988, to have been placed with or near individual National Park Service is not responsible human remains at the time of death or later for the determinations in this notice. June 4, 2012), column 1, paragraph 2, as part of the death rite or ceremony. This notice corrects the minimum sentence 7 is corrected by substituting number of individuals and the number the following sentence: Additional Requestors and Disposition of associated funerary objects in a The 15 associated funerary objects Lineal descendants or representatives Notice of Inventory Completion documented as having been removed from of any Indian Tribe or Native Hawaiian published in the Federal Register (77 the nine burials, plus two additional objects organization not identified in this notice FR 32986–32989, June 4, 2012). The not listed as funerary objects in the original that wish to request transfer of control correction is being made because catalog, are one boat stone, three brass disks, of these human remains and associated one brass ear plug, one lot of brass and glass continuing re-inventory and repacking beads, one lot of glass beads, two iron objects funerary objects should submit a written of existing collections following the (possible knife and breech plate), two chert request with information in support of initial notice have resulted in the projectile points, one lot of chert projectile the request to Dr. William Bomar, discovery of additional human remains points, one leather fragment, one Executive Director, University of and associated funerary objects. Guntersville point, and one lot of ocher. Alabama Museums, 121 Smith Hall,

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Tuscaloosa, AL 35487, telephone (205) human remains and associated funerary Hamilton County, TN, during 348–7550, email [email protected], by objects should submit a written request construction related to a privately- April 29, 2019. After that date, if no to the Tennessee Department of funded commercial venture. A local additional requestors have come Environment and Conservation, private consultant, Alexander forward, transfer of control of the Division of Archaeology. If no Archaeological Consultants, conducted human remains and associated funerary additional requestors come forward, the removal. The Tennessee Division of objects to the Alabama-Coushatta Tribe transfer of control of the human remains Archaeology received the human of Texas (previously listed as the to the lineal descendants, Indian Tribes, skeletal remains and associated burial Alabama-Coushatta Tribes of Texas); or Native Hawaiian organizations stated objects in the summer of 2009, and Alabama-Quassarte Tribal Town, in this notice may proceed. subsequently entered into an agreement Oklahoma; Miccosukee Tribe of Indians DATES: Lineal descendants or with Middle Tennessee State University of Florida; Poarch Band of Creeks representatives of any Indian Tribe or (MTSU) to prepare a comprehensive (previously listed as the Poarch Band of Native Hawaiian organization not human skeletal inventory. The 2,132 Creek Indians of Alabama); Seminole identified in this notice that wish to associated funerary objects include: 305 Tribe of Florida (previously listed as the request transfer of control of these projectile points, 12 discoidals, eight Seminole Tribe of Florida (Dania, Big human remains and associated funerary scrapers, six bi-pointed blades, six Cypress, Brighton, Hollywood & Tampa objects should submit a written request knives, six bifaces, five celts (including Reservations)); The Muscogee (Creek) with information in support of the one greenstone spatulate celt, one Nation; The Seminole Nation of request to the Tennessee Department of greenstone celt, and two celt blanks), Oklahoma; and the Thlopthlocco Tribal Environment and Conservation, five hammerstones, four abraders, three Town, Oklahoma, hereafter referred to Division of Archaeology at the address blades, one drill, one stone pipe, 87 as ‘‘The Tribes’’ may proceed. in this notice by April 29, 2019. ceramic beads, 10 complete or partial The University of Alabama Museums ceramic vessels, four ceramic pipes, one is responsible for notifying The Tribes ADDRESSES: Tennessee Department of Environment and Conservation, ceramic disc, 1,270 shell beads, 17 shell and the Cherokee Nation; Eastern Band pins, nine shell masks, eight shell of Cherokee Indians; Mississippi Band Division of Archaeology, Michael C. Moore, 1216 Foster Avenue, Cole Bldg gorgets (most Citico-style rattlesnake), of Choctaw Indians; The Chickasaw two shell earplugs, two shell ear spools, Nation; The Choctaw Nation of 3, Nashville, TN 37243, telephone (615) 687–4776, email [email protected]. 51 other worked/unworked shell Oklahoma; and the United Keetoowah objects, 68 worked/unworked animal SUPPLEMENTARY INFORMATION: Band of Cherokee Indians in Oklahoma Notice is bone objects, seven metal objects that this correction notice has been here given in accordance with the (including two beads and one hilt published. Native American Graves Protection and pommel), and 234 lots of assorted Repatriation Act (NAGPRA), 25 U.S.C. Dated: February 25, 2019. minerals (ochre, hematite, galena, and 3003, of the completion of an inventory Melanie O’Brien, quartz). of human remains and associated Based on the associated funerary Manager, National NAGPRA Program. funerary objects under the control of the [FR Doc. 2019–05994 Filed 3–27–19; 8:45 am] objects, the David Davis Farm site Tennessee Department of Environment represents a late Mississippian/ BILLING CODE 4312–52–P and Conservation, Division of protohistoric occupation with evidence Archaeology, Nashville, TN. The human of Spanish contact. remains and associated funerary objects DEPARTMENT OF THE INTERIOR were removed from Chattanooga, Determinations Made by the Tennessee Department of Environment and National Park Service Hamilton County, TN. This notice is published as part of the Conservation, Division of Archaeology [NPS–WASO–NAGPRA–NPS0027385; National Park Service’s administrative Officials of the Tennessee Department PPWOCRADN0–PCU00RP14.R50000] responsibilities under NAGPRA, 25 of Environment and Conservation, Notice of Inventory Completion: U.S.C. 3003(d)(3). The determinations in Division of Archaeology have this notice are the sole responsibility of determined that: Tennessee Department of Environment • and Conservation, Division of the museum, institution, or Federal Pursuant to 25 U.S.C. 3001(9), the Archaeology, Nashville, TN agency that has control of the Native human remains described in this notice American human remains and represent the physical remains of 189 AGENCY: National Park Service, Interior. associated funerary objects. The individuals of Native American ACTION: Notice. National Park Service is not responsible ancestry. for the determinations in this notice. • Pursuant to 25 U.S.C. 3001(3)(A), SUMMARY: The Tennessee Department of the 2,132 objects described in this Consultation Environment and Conservation, notice are reasonably believed to have Division of Archaeology, has completed A detailed assessment of the human been placed with or near individual an inventory of human remains and remains was made by the Tennessee human remains at the time of death or associated funerary objects in Department of Environment and later as part of the death rite or consultation with the appropriate Conservation, Division of Archaeology ceremony. Indian tribes or Native Hawaiian professional staff in consultation with • Pursuant to 25 U.S.C. 3001(2), there organizations and has determined that representatives of The Muscogee (Creek) is a relationship of shared group there is a cultural affiliation between the Nation. identity that can be reasonably traced human remains and present-day Indian History and Description of the Remains between the Native American human Tribes or Native Hawaiian remains and associated funerary objects organizations. Lineal descendants or Between April and July 2007, human and The Muscogee (Creek) Nation. representatives of any Indian Tribe or remains representing, at minimum, 189 Native Hawaiian organization not individuals were removed from Additional Requestors and Disposition identified in this notice that wish to privately-owned property, the David Lineal descendants or representatives request transfer of control of these Davis Farm site 40HA301, Chattanooga, of any Indian tribe or Native Hawaiian

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organization not identified in this notice identified in this notice that wish to Additional Requestors and Disposition that wish to request transfer of control request transfer of control of these Lineal descendants or representatives of these human remains and associated human remains and associated funerary of any Indian Tribe or Native Hawaiian funerary objects should submit a written objects should submit a written request organization not identified in this notice request with information in support of with information in support of the that wish to request transfer of control the request to Michael C. Moore, request to the American Museum of of these human remains and associated Tennessee Department of Environment Natural History at the address in this funerary objects should submit a written and Conservation, Division of notice by April 29, 2019. request with information in support of Archaeology, 1216 Foster Avenue, Cole ADDRESSES: Nell Murphy, Director of the request to Nell Murphy, Director of Bldg. 3, Nashville, TN 37243, telephone Cultural Resources, American Museum Cultural Resources, American Museum (615) 687–4776, email mike.c.moore@ of Natural History, Central Park West at of Natural History, Central Park West at tn.gov, by April 29, 2019. After that 79th Street, New York, NY 10024, 79th Street, New York, NY 10024, date, if no additional requestors have telephone (212) 769–5837, email telephone (212) 769–5837, email come forward, transfer of control of the [email protected]. [email protected], by April 29, 2019. human remains and associated funerary After that date, if no additional objects to The Muscogee (Creek) Nation SUPPLEMENTARY INFORMATION: Notice is requestors have come forward, transfer may proceed. here given in accordance with the of control of the human remains and The Tennessee Department of Native American Graves Protection and associated funerary objects to the Environment and Conservation, Repatriation Act (NAGPRA), 25 U.S.C. Cherokee Nation; Eastern Band of Division of Archaeology is responsible 3003, of the correction of an inventory Cherokee Indians; and the United for notifying The Muscogee (Creek) of human remains and associated Keetoowah Band of Cherokee Indians in Nation that this notice has been funerary objects under the control of the Oklahoma may proceed. published. American Museum of Natural History, The American Museum of Natural Dated: February 25, 2019. New York, NY. The human remains and History is responsible for notifying the Melanie O’Brien, associated funerary object were removed Absentee-Shawnee Tribe of Indians of from Brentwood, Williamson County, Manager, National NAGPRA Program. Oklahoma; Alabama-Coushatta Tribe of TN. [FR Doc. 2019–05992 Filed 3–27–19; 8:45 am] Texas (previously listed as the Alabama- BILLING CODE 4312–52–P This notice is published as part of the Coushatta Tribes of Texas); Alabama- National Park Service’s administrative Quassarte Tribal Town; Cherokee responsibilities under NAGPRA, 25 Nation; Coushatta Tribe of Louisiana; DEPARTMENT OF THE INTERIOR U.S.C. 3003(d)(3). The determinations in Eastern Band of Cherokee Indians; this notice are the sole responsibility of Eastern Shawnee Tribe of Oklahoma; National Park Service the museum, institution, or Federal Kialegee Tribal Town; Poarch Band of agency that has control of the Native [NPS–WASO–NAGPRA–NPS0027387; Creeks (previously listed as the Poarch PPWOCRADN0–PCU00RP14.R50000] American human remains and Band of Creek Indians of Alabama); associated funerary objects. The Seminole Tribe of Florida (previously Notice of Inventory Completion: The National Park Service is not responsible listed as the Seminole Tribe of Florida American Museum of Natural History, for the determinations in this notice. (Dania, Big Cypress, Brighton, New York, NY; Correction This notice corrects the number of Hollywood & Tampa Reservations)); associated funerary objects published in Shawnee Tribe; The Chickasaw Nation; AGENCY: National Park Service, Interior. a Notice of Inventory Completion in the The Muscogee (Creek) Nation; The ACTION: Notice; correction. Federal Register (83 FR 45667–45669, Seminole Nation of Oklahoma; September 10, 2018). An associated Thlopthlocco Tribal Town; and the SUMMARY: The American Museum of United Keetoowah Band of Cherokee Natural History has corrected an funerary object that was included in the inventory was inadvertently omitted Indians in Oklahoma that this notice has inventory of human remains and been published. associated funerary objects published in from the Notice of Inventory a Notice of Inventory Completion in the Completion. Transfer of control of the Dated: February 25, 2019. Federal Register on September 10, 2018. item in this correction notice has not Melanie O’Brien, This notice corrects the number of occurred. Manager, National NAGPRA Program. associated funerary objects. Lineal Correction [FR Doc. 2019–06004 Filed 3–27–19; 8:45 am] descendants or representatives of any BILLING CODE 4312–52–P Indian Tribe or Native Hawaiian In the Federal Register (83 FR 45668, organization not identified in this notice September 10, 2018), column 1, that wish to request transfer of control paragraph 7, sentence 4 is corrected by DEPARTMENT OF THE INTERIOR of these human remains and associated substituting the following sentence: National Park Service funerary objects should submit a written The one associated funerary object is request to the American Museum of a ceramic vase. [NPS–WASO–NAGPRA–NPS0027393; Natural History. If no additional In the Federal Register (83 FR 45668, PPWOCRADN0–PCU00RP14.R50000] requestors come forward, transfer of September 10, 2018), column 2, control of the human remains and Notice of Inventory Completion: paragraph 1, sentence 3 is corrected by Pueblo Grande Museum, Phoenix, AZ associated funerary objects to the lineal substituting the following sentence: descendants, Indian Tribes, or Native AGENCY: National Park Service, Interior. Hawaiian organizations stated in this Pursuant to 25 U.S.C. 3001(3)(A), the three ACTION: Notice. notice may proceed. objects described in this notice are reasonably believed to have been placed with DATES: Lineal descendants or or near individual human remains at the time SUMMARY: The Pueblo Grande Museum representatives of any Indian Tribe or of death or later as part of the death rite or has completed an inventory of human Native Hawaiian organization not ceremony. remains and associated funerary objects,

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in consultation with the appropriate of Acoma, New Mexico; Salt River • Pursuant to 25 U.S.C. 3001(9), the Indian Tribes or Native Hawaiian Pima-Maricopa Indian Community of human remains described in this notice organizations, and has determined that the Salt River Reservation, Arizona; represent the physical remains of one there is no cultural affiliation between Yavapai-Apache Nation of the Camp individual of Native American ancestry. the human remains and associated Verde Reservation, Arizona; Yavapai- • Pursuant to 25 U.S.C. 3001(3)(A), funerary objects and any present-day Prescott Indian Tribe (previously listed the seven objects described in this Indian Tribes or Native Hawaiian as the Yavapai-Prescott Tribe of the notice are reasonably believed to have organizations. Representatives of any Yavapai Reservation, Arizona); and the been placed with or near individual Indian Tribe or Native Hawaiian Zuni Tribe of the Zuni Reservation, New human remains at the time of death or organization not identified in this notice Mexico. later as part of the death rite or that wish to request transfer of control ceremony. The following tribes were contacted • of these human remains and associated but did not participate in consultations: Pursuant to 25 U.S.C. 3001(2), a funerary objects should submit a written Apache Tribe of Oklahoma; Fort Sill relationship of shared group identity request to the Pueblo Grande Museum. Apache Tribe of Oklahoma; Hualapai cannot be reasonably traced between the If no additional requestors come Indian Tribe of the Hualapai Indian Native American human remains and forward, transfer of control of the Reservation, Arizona; Jicarilla Apache associated funerary objects and any human remains and associated funerary Nation, New Mexico; Mescalero Apache present-day Indian Tribe. • According to final judgments of the objects to the Indian Tribes or Native Tribe of the Mescalero Reservation, New Indian Claims Commission or the Court Hawaiian organizations stated in this Mexico; San Carlos Apache Tribe of the of Federal Claims, the land from which notice may proceed. San Carlos Reservation, Arizona; Tonto the Native American human remains DATES: Apache Tribe of Arizona; and the White Representatives of any Indian and associated funerary objects were Mountain Apache Tribe of the Fort Tribe or Native Hawaiian organization removed is the aboriginal land of the Apache Reservation, Arizona. not identified in this notice that wish to Apache Tribe of Oklahoma; Fort request transfer of control of these Hereafter, all Tribes listed in this McDowell Yavapai Nation, Arizona; human remains and associated funerary section are referred to as ‘‘The Fort Sill Apache Tribe of Oklahoma; objects should submit a written request Consulted and Notified Tribes.’’ Gila River Indian Community of the Gila with information in support of the History and Description of the Remains River Indian Reservation, Arizona; request to the Pueblo Grande Museum at Hualapai Indian Tribe of the Hualapai the address in this notice by April 29, At an unknown date, human remains Indian Reservation, Arizona; Jicarilla 2019. representing, at minimum, one Apache Nation, New Mexico; Mescalero ADDRESSES: Lindsey Vogel-Teeter, individual were removed from a cave in Apache Tribe of the Mescalero Pueblo Grande Museum, 4619 E Aravaipa Canyon in Gila or Pinal Reservation, New Mexico; Pueblo of Washington St., Phoenix, AZ 85331, County, AZ, by Charles Armer. On Acoma, New Mexico; Salt River Pima- telephone (602) 495–0901, email March 5, 1933, the human remains were Maricopa Indian Community of the Salt [email protected]. transferred to the Arizona Museum, River Reservation, Arizona; San Carlos SUPPLEMENTARY INFORMATION: Notice is which later became the Phoenix Apache Tribe of the San Carlos here given in accordance with the Museum of History. On September 10, Reservation, Arizona; Tonto Apache Native American Graves Protection and 2009, the human remains and associated Tribe of Arizona; White Mountain Repatriation Act (NAGPRA), 25 U.S.C. funerary object were transferred from Apache Tribe of the Fort Apache 3003, of the completion of an inventory the Phoenix Museum of History (which Reservation, Arizona; Yavapai-Apache of human remains and associated closed in 2009) to the Pueblo Grande Nation of the Camp Verde Reservation, funerary object under the control of the Museum. The partial human remains Arizona; and the Yavapai-Prescott Pueblo Grande Museum, Phoenix, AZ. belong to a naturally mummified infant Indian Tribe (previously listed as the The human remains and associated between six months and one year of age, Yavapai-Prescott Tribe of the Yavapai funerary objects were removed from and of indeterminant sex. No known Reservation, Arizona), hereafter referred Gila or Pinal County, AZ. individuals were identified. The seven to as ‘‘The Aboriginal Land Tribes’’. This notice is published as part of the associated funerary objects are a pitch- • Pursuant to 43 CFR 10.11(c)(1), the National Park Service’s administrative coated cradleboard made up of two disposition of the human remains and responsibilities under NAGPRA, 25 boards, one tump-band, one plaited associated funerary objects may be to U.S.C. 3003(d)(3) and 43 CFR 10.11(d). pillow, one plaited strap, one cordage The Aboriginal Land Tribes. The determinations in this notice are assortment, and one lot of leather. The Additional Requestors and Disposition the sole responsibility of the museum, shape and coating of the cradleboard institution, or Federal agency that has and its lack of cotton cloth recall early Representatives of any Indian tribe or control of the Native American human Apache technologies. The plaited pillow Native Hawaiian organization not remains and associated funerary objects. and cordage are not consistent with identified in this notice that wish to The National Park Service is not known Apache technology, but they do request transfer of control of these responsible for the determinations in appear in other archeological cultures of human remains and associated funerary this notice. the central Arizona mountain areas. objects should submit a written request with information in support of the Consultation Determinations Made by the Pueblo Grande Museum request to request to Lindsey Vogel- A detailed assessment of the human Teeter, Pueblo Grande Museum, 4619 E. remains was made by the Pueblo Grande Officials of the Pueblo Grande Washington St., Phoenix, AZ 85331, Museum professional staff in Museum have determined that: telephone (602) 495–0901, email consultation with representatives of the • Pursuant to 25 U.S.C. 3001(9), the [email protected], by Fort McDowell Yavapai Nation, human remains described in this notice April 29, 2019. After that date, if no Arizona; Gila River Indian Community are Native American based on additional requestors have come of the Gila River Indian Reservation, osteological analysis and associated forward, transfer of control of the Arizona; Hopi Tribe of Arizona; Pueblo funerary objects. human remains and associated funerary

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objects to The Aboriginal Land Tribes meet the definition of unassociated 442 funerary objects include 435 pieces may proceed. funerary objects under 25 U.S.C. 3001. of animal bone, one ceramic sherd, and The Pueblo Grande Museum is This notice is published as part of the six ceramic plate fragments. responsible for notifying The Consulted National Park Service’s administrative and Notified Tribes and The Aboriginal responsibilities under NAGPRA, 25 Determinations Made by the Fowler Land Tribes that this notice has been U.S.C. 3003(d)(3). The determinations in Museum at University of California Los published. this notice are the sole responsibility of Angeles Dated: February 25, 2019. the museum, institution, or Federal Officials of the Fowler Museum at agency that has control of the Native Melanie O’Brien, University of California Los Angeles American cultural items. The National Manager, National NAGPRA Program. have determined that: Park Service is not responsible for the • [FR Doc. 2019–05993 Filed 3–27–19; 8:45 am] Pursuant to 25 U.S.C. 3001(3)(B), determinations in this notice. the 631 cultural items described above BILLING CODE 4312–52–P History and Description of the Cultural are reasonably believed to have been Items placed with or near individual human DEPARTMENT OF THE INTERIOR In 1990 and 1991, 631 cultural items remains at the time of death or later as were removed from Mar Lado I (CA– part of the death rite or ceremony and National Park Service SDI–5130, CA–SDI–5133H, and CA– are believed, by a preponderance of the evidence, to have been removed from a [NPS–WASO–NAGPRA–NPS0027391; SDI–6014), in San Luis Rey, San Diego PPWOCRADN0–PCU00RP14.R50000] County, CA. Excavations as part of the specific burial site of a Native American San Luis Rey River Flood Control individual. • Notice of Intent To Repatriate Cultural Project were conducted by INFOTEC Pursuant to 25 U.S.C. 3001(2), there Items: Fowler Museum at University of Research, Inc. under a permit from the is a relationship of shared group California Los Angeles, Los Angeles, Army Corps of Engineers (COE). The identity that can be reasonably traced CA primary site, SDI–5130, dates to La between the unassociated funerary objects and the La Jolla Band of Luiseno AGENCY: National Park Service, Interior. Jollan or Millingstone times. A subdivision of the site, SDI–5133H, Indians, California (previously listed as ACTION: Notice. contains a historic component dating to the La Jolla Band of Luiseno Mission SUMMARY: The Fowler Museum at A.D. 1870–1890. No cultural items from Indians of the La Jolla Reservation); Pala University of California Los Angeles two other subdivisions, SDI–6014 and Band of Mission Indians (previously (UCLA) in consultation with the SDI–6015, are included in this notice. listed as the Pala Band of Luiseno appropriate Indian Tribes or Native As COE decided that the archeological Mission Indians of the Pala Reservation, Hawaiian organizations, has determined materials from Mar Lado I were not California); Pauma Band of Luiseno that the cultural items listed in this under its control, the collections were Mission Indians of the Pauma & Yuima notice meet the definition of received by the Fowler Museum in May Reservation, California; Pechanga Band unassociated funerary objects. Lineal 1991. of Luiseno Mission Indians of the descendants or representatives of any Documentation indicates that 189 Pechanga Reservation, California; Indian Tribe or Native Hawaiian funerary objects were collected from Rincon Band of Luiseno Mission organization not identified in this notice two of four burials located during Indians of the Rincon Reservation, that wish to claim these cultural items excavations at the primary site (SDI– California; and the Soboba Band of should submit a written request to the 5130)—Burial 2 (located in 1990) and Luiseno Indians, California, hereafter Fowler Museum at UCLA. If no Burial 5 (located in 1991). The human referred to as ‘‘The Tribes.’’ remains from Burial 2/Feature 103 were additional claimants come forward, Additional Requestors and Disposition transfer of control of the cultural items reburied in situ. The 13 funerary objects to the lineal descendants, Indian Tribes, from Burial 2/Feature 103 include one Lineal descendants or representatives or Native Hawaiian organizations stated core, six stone flakes, four pieces of of any Indian tribe or Native Hawaiian in this notice may proceed. faunal bone, one metate, and one metate organization not identified in this notice fragment. The human remains from DATES: Lineal descendants or that wish to claim these cultural items Burial 5/Feature 114 were removed by representatives of any Indian Tribe or should submit a written request with Rose Tyson (San Diego Museum of Man) Native Hawaiian organization not information in support of the claim to for analysis on May 23, 1991 and were identified in this notice that wish to Wendy G. Teeter, Ph.D., Fowler not accessioned at UCLA. [Note: these claim these cultural items should Museum at UCLA, Box 951549, Los human remains may, in fact, have been submit a written request with Angeles, CA 90095–1549, telephone part of Burial 2/Feature 103, which was information in support of the claim to (310) 825–1864, email wteeter@ very disturbed.] The 176 funerary the Fowler Museum at UCLA at the arts.ucla.edu, by April 29, 2019. After objects from Burial 5/Feature 114 address in this notice by April 29, 2019. that date, if no additional claimants include 92 pieces of debitage, eight have come forward, transfer of control ADDRESSES: Wendy G. Teeter, Ph.D., stone tools, 73 animal bone fragments, of the unassociated funerary objects to Fowler Museum at UCLA, Box 951549, two shell beads, and one shell bead The Tribes may proceed. Los Angeles, CA 90095–1549, telephone blank. The Fowler Museum at University of (310) 825–1864, email wteeter@ Documentation indicates that 442 arts.ucla.edu. California Los Angeles is responsible for funerary objects were collected from notifying The Tribes that this notice has SUPPLEMENTARY INFORMATION: Notice is Burial 3/Feature 2 during excavation in been published. here given in accordance with the 1990 at CA–SDI–5133H, the historic Native American Graves Protection and component within the boundaries of Dated: February 25, 2019. Repatriation Act (NAGPRA), 25 U.S.C. SDI–5130. The human remains from Melanie O’Brien, 3005, of the intent to repatriate cultural Burial 3/Feature 2 were left in situ (per Manager, National NAGPRA Program. items under the control of the Fowler UCLA’s documentation, these human [FR Doc. 2019–06001 Filed 3–27–19; 8:45 am] Museum at UCLA, Los Angeles, CA that remains are ‘‘with Rose Tyson’’). The BILLING CODE 4312–52–P

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DEPARTMENT OF THE INTERIOR responsibilities under NAGPRA, 25 beads, and two unmodified small U.S.C. 3003(d)(3). The determinations in mammal bone fragments. National Park Service this notice are the sole responsibility of Between 1959 and 1960, human [NPS–WASO–NAGPRA–NPS0027390; the museum, institution, or Federal remains representing, at minimum, 10 PPWOCRADN0–PCU00RP14.R50000] agency that has control of the Native individuals were removed from the American human remains and Alamo Creek site (CA–SLO–298) in San Notice of Inventory Completion: Fowler associated funerary objects. The Luis Obispo County, CA. This collection Museum at University of California Los National Park Service is not responsible resulted from excavations in preparation Angeles, Los Angeles, CA for the determinations in this notice. for the creation of the Vaquero Reservoir carried out on private land by a AGENCY: National Park Service, Interior. Consultation University of California Archeological ACTION: Notice. A detailed assessment of the human Survey under the direction of Marcia remains was made by the Fowler Wire, Jack Smith, and David Pendergast SUMMARY: The Fowler Museum at Museum at UCLA professional staff in University of California Los Angeles under a permit from the National Park consultation with representatives of the Service and on behalf of the Bureau of (UCLA) has completed an inventory of Santa Ynez Band of Chumash Mission human remains and associated funerary Reclamation. The collection was Indians of the Santa Ynez Reservation, accessioned at UCLA in 1960. The site objects, in consultation with the California. The Fowler Museum also appropriate Indian Tribes or Native is identified as Proto-historic. consulted with the following non- Fragmentary human remains Hawaiian organizations, and has federally recognized Indian groups: determined that there is a cultural representing ten adults of unknown sex Barbareno/Ventureno Band of Mission were identified from midden contexts. affiliation between the human remains Indians; Coastal Band of the Chumash No known individuals were identified. and associated funerary objects and Nation; and Northern Chumash Tribe. present-day Indian Tribes or Native No associated funerary objects were Hawaiian organizations. Lineal History and Description of the Remains identified. descendants or representatives of any and Associated Funerary Objects Through consultation, the Fowler Indian Tribe or Native Hawaiian In 1958, human remains representing, Museum has determined that all the organization not identified in this notice at minimum, four individuals were above described sites lie within the that wish to request transfer of control removed from site SLO–393, near traditional territory of the Chumash. of these human remains and associated Arroyo Grande Creek, in San Luis This determination is consistent with funerary objects should submit a written Obispo County, CA. Excavations in ethnographic and historic request to the Fowler Museum at UCLA. preparation for a planned dam were documentation. The associated funerary If no additional requestors come conducted on private land by William objects in this notice are consistent with forward, transfer of control of the Wallace of the University of Southern others that are attributable to groups human remains and associated funerary California at the request of the National ancestral to the present-day Chumash objects to the lineal descendants, Indian Park Service. The site dates to the Late people. The material culture of the Tribes, or Native Hawaiian Period (ca. 1670). The human remains earlier groups living in the geographical organizations stated in this notice may consist of one formal burial of a juvenile area encompassing these sites is proceed. and fragmentary remains representing characterized by archeologists as having passed through various stages over the DATES: Lineal descendants or three adults. No known individuals past 10,000 years. Many local representatives of any Indian Tribe or were identified. The 208 associated archeologists assert that the changes in Native Hawaiian organization not funerary objects include: 23 bone the material culture reflect evolving identified in this notice that wish to whistles, three bone sweat scrapers, ecological adaptations and related request transfer of control of these three worked abalone shell fragments, changes in social organization of the human remains and associated funerary one chert biface, one charmstone, one same populations, and do not represent objects should submit a written request stone fragment, one steatite plume population displacements or with information in support of the holder, one bag of soil, 68 asphaltum movements. The same range of artifact request to the Fowler Museum at UCLA fragments, 78 olivella shell beads, 17 types and materials were used from the at the address in this notice by April 29, dentallium shell beads, five stone early pre-contact period until historic 2019. pebbles, and six unmodified canid phalanges. times. Native consultants explicitly state ADDRESSES: Wendy G. Teeter, Ph.D., In 1958, human remains representing, that population mixing, which did Fowler Museum at UCLA, Box 951549, at minimum, two individuals were occur on a small scale, would not alter Los Angeles, CA 90095–1549, telephone removed from site SLO–398, near the continuity of the shared group (310) 825–1864, email wteeter@ Arroyo Grande Creek, in San Luis identities of people associated with arts.ucla.edu. Obispo County, CA. Excavations in specific locales. Based on this evidence, SUPPLEMENTARY INFORMATION: Notice is preparation for a planned dam were shared group identity may reasonably be here given in accordance with the conducted on private land by William traced between the earlier group at these Native American Graves Protection and Wallace at the request of the National sites and present-day Chumash people. Park Service. The site dates to the Late Repatriation Act (NAGPRA), 25 U.S.C. Determinations Made by the Fowler Period (A.D. 1300–1500). The human 3003, of the completion of an inventory Museum at University of California Los remains consist of the formal burial of of human remains and associated Angeles funerary objects under the control of the an adult male and the fragmentary Fowler Museum at UCLA, Los Angeles, remains of an adult male. No known Officials of the Fowler Museum at CA. The human remains and associated individuals were identified. The 102 University of California Los Angeles funerary objects were removed from San associated funerary objects include: one have determined that: Luis Obispo County, California. large limestone worked cobble with • Pursuant to 25 U.S.C. 3001(9), the This notice is published as part of the pecking, four obsidian points, six human remains described in this notice National Park Service’s administrative obsidian flakes, 89 abalone shell disc represent the physical remains of 16

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individuals of Native American there is no cultural affiliation between remains and associated funerary objects ancestry. the human remains and associated were acquired by the Field Museum • Pursuant to 25 U.S.C. 3001(3)(A), funerary objects and any present-day (then named the Field Columbian the 310 objects described in this notice Indian Tribes or Native Hawaiian Museum) in October 1893. are reasonably believed to have been organizations. Representatives of any In the fall of 1891, human remains placed with or near individual human Indian Tribe or Native Hawaiian representing, at minimum, three remains at the time of death or later as organization not identified in this notice individuals were removed from contexts part of the death rite or ceremony. that wish to request transfer of control at Lalor Field in Mercer County, NJ. No • Pursuant to 25 U.S.C. 3001(2), there of these human remains and associated known individuals were identified. The is a relationship of shared group funerary objects should submit a written human remains include a sub-adult identity that can be reasonably traced request to the Field Museum. If no (possibly female), an adult female, and between the Native American human additional requestors come forward, an adult (possibly female). The two remains and associated funerary objects transfer of control of the human remains associated funerary objects are faunal and the Santa Ynez Band of Chumash and associated funerary objects to the elements. Mission Indians of the Santa Ynez Indian Tribes or Native Hawaiian In the fall of 1891, human remains Reservation, California. organizations stated in this notice may representing, at minimum, 12 individuals and were removed from Additional Requestors and Disposition proceed. DATES: Representatives of any Indian contexts at Wright’s Field in Mercer Lineal descendants or representatives Tribe or Native Hawaiian organization County, NJ. No known individuals were of any Indian Tribe or Native Hawaiian not identified in this notice that wish to identified. The human remains include organization not identified in this notice request transfer of control of these two adult females, seven adults of that wish to request transfer of control human remains and associated funerary unknown sex, one sub-adult of of these human remains and associated objects should submit a written request unknown sex, one sub-adult (possibly funerary objects should submit a written with information in support of the female), and one adult (possibly female). request with information in support of request to the Field Museum at the The 39 associated funerary objects are the request to Wendy G. Teeter, Ph.D., address in this notice by April 29, 2019. 20 faunal elements, 11 pottery sherds, Fowler Museum at UCLA, Box 951549, one lithic, and seven non-culturally ADDRESSES: Helen Robbins, The Field Los Angeles, CA 90095–1549, telephone modified objects. (310) 825–1864, email wteeter@ Museum, 1400 S Lakeshore Drive, In 1892, human remains representing, arts.ucla.edu, by April 29, 2019. After Chicago, IL 60605, telephone (312) 655– at minimum, two individuals were that date, if no additional requestors 7317, email [email protected]. removed from Trench 1 at Rowan Farm have come forward, transfer of control SUPPLEMENTARY INFORMATION: Notice is in Mercer County, NJ. One of them is an of the human remains and associated here given in accordance with the adult of unknown sex represented by funerary objects to the Santa Ynez Band Native American Graves Protection and fragmentary and partial skeletal of Chumash Mission Indians of the Repatriation Act (NAGPRA), 25 U.S.C. remains; the other is represented only Santa Ynez Reservation, California may 3003, of the completion of an inventory by a right femur. No known individuals proceed. of human remains and associated were identified. No associated funerary The Fowler Museum at the University funerary objects under the control of the objects are present. of California Los Angeles is responsible Field Museum, Chicago, IL. The human Sometime during 1891 or 1892, for notifying the Santa Ynez Band of remains and associated funerary objects human remains representing, at Chumash Mission Indians of the Santa were removed from Mercer County, NJ. minimum, 10 individuals were removed Ynez Reservation, California that this This notice is published as part of the by Volk from unknown sites in the notice has been published. National Park Service’s administrative Trenton area of Mercer County, NJ. The Dated: February 25, 2019. responsibilities under NAGPRA, 25 human remains include one adult male, U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Melanie O’Brien, six adults of indeterminate sex, and The determinations in this notice are Manager, National NAGPRA Program. three juveniles of indeterminate sex. No the sole responsibility of the museum, known individuals were identified. The [FR Doc. 2019–06000 Filed 3–27–19; 8:45 am] institution, or Federal agency that has 18 associated funerary objects are two BILLING CODE 4312–52–P control of the Native American human sherds of pottery, two lithic flakes, two remains and associated funerary objects. lithic objects, one piece of charcoal, one The National Park Service is not DEPARTMENT OF THE INTERIOR piece of modified sandstone, and 10 responsible for the determinations in non-culturally modified objects. this notice. National Park Service Determinations Made by the Field [NPS–WASO–NAGPRA–NPS0027394; Consultation Museum PPWOCRADN0–PCU00RP14.R50000] A detailed assessment of the human Officials of the Field Museum have remains was made by the Field Museum Notice of Inventory Completion: The determined that: professional staff in consultation with • Pursuant to 25 U.S.C. 3001(9), the Field Museum of Natural History, representatives of the Delaware Nation, human remains described in this notice Chicago, IL Oklahoma; Delaware Tribe of Indians; are Native American based on the AGENCY: National Park Service, Interior. and the Stockbridge Munsee archeological contexts and the ACTION: Notice. Community, Wisconsin. collection history. • Pursuant to 25 U.S.C. 3001(9), the SUMMARY: The Field Museum has History and Description of the Remains human remains described in this notice completed an inventory of human Between 1891 and 1892, the human represent the physical remains of 27 remains and associated funerary objects, remains and associated funerary objects individuals of Native American in consultation with the appropriate in this notice were excavated by Ernest ancestry. Indian Tribes or Native Hawaiian Volk as part of his work for the World’s • Pursuant to 25 U.S.C. 3001(3)(A), organizations, and has determined that Columbian Exposition. These human the 59 objects described in this notice

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are reasonably believed to have been DEPARTMENT OF THE INTERIOR associated funerary objects. The placed with or near individual human National Park Service is not responsible remains at the time of death or later as National Park Service for the determinations in this notice. part of the death rite or ceremony. [NPS–WASO–NAGPRA–NPS0027395; Consultation • Pursuant to 25 U.S.C. 3001(2), a PPWOCRADN0–PCU00RP14.R50000] A detailed assessment of the human relationship of shared group identity Notice of Inventory Completion: The remains was made by the Field Museum cannot be reasonably traced between the Field Museum of Natural History, professional staff in consultation with Native American human remains and Chicago, IL representatives of the Delaware Nation, associated funerary objects and any Oklahoma; Delaware Tribe of Indians; present-day Indian Tribe. AGENCY: National Park Service, Interior. and the Stockbridge Munsee • Treaties, Acts of Congress, or ACTION: Notice. Community, Wisconsin. Executive Orders, indicate that the land SUMMARY: History and Description of the Remains from which the Native American human The Field Museum has completed an inventory of human remains and associated funerary objects In 1892, human remains representing, remains and associated funerary objects, were removed is the aboriginal land of at minimum, three individuals were in consultation with the appropriate the Delaware Nation, Oklahoma; removed from Trench 11 at Rowan Farm Indian Tribes or Native Hawaiian in Mercer County, NJ. The human Delaware Tribe of Indians; and the organizations, and has determined that Stockbridge Munsee Community, remains were excavated by Ernest Volk there is a cultural affiliation between the as part of Volk’s work for the World’s Wisconsin. human remains and associated funerary • Columbian Exposition. The Field Pursuant to 43 CFR 10.11(c)(1), the objects and present-day Indian Tribes or Museum acquired the human remains in disposition of the human remains and Native Hawaiian organizations. Lineal October 1893. The individuals removed associated funerary objects may be to descendants or representatives of any from Trench 11, Grave 6 include an the Delaware Nation, Oklahoma; Indian Tribe or Native Hawaiian adult of unknown sex represented by Delaware Tribe of Indians; and the organization not identified in this notice partial cranial and post-cranial Stockbridge Munsee Community, that wish to request transfer of control elements, as well as one adult of Wisconsin. of these human remains and associated unknown sex represented by funerary objects should submit a written Additional Requestors and Disposition fragmentary cranial remains, found request to the Field Museum. If no together with an individual of unknown additional requestors come forward, Representatives of any Indian Tribe or age or sex represented only by a transfer of control of the human remains Native Hawaiian organization not temporal bone. No known individuals and associated funerary objects to the were identified. The five associated identified in this notice that wish to lineal descendants, Indian Tribes, or request transfer of control of these funerary objects, found in Trench 11, Native Hawaiian organizations stated in Grave 6 are one non-diagnostic pot human remains and associated funerary this notice may proceed. objects should submit a written request sherd and four culturally unmodified DATES: Lineal descendants or with information in support of the objects. representatives of any Indian Tribe or The site where these three individuals request to Helen Robbins, The Field Native Hawaiian organization not Museum, 1400 S Lakeshore Drive, were found lies adjacent to a later identified in this notice that wish to excavation performed by Dorothy Cross. Chicago, IL 60605, telephone (312) 655– request transfer of control of these 7317, email [email protected], Volk’s original excavation notes and the human remains and associated funerary diagnostic stratigraphy of the site by April 29, 2019. After that date, if no objects should submit a written request produced by Cross allowed for the additional requestors have come with information in support of the dating of these individuals to the Late forward, transfer of control of the request to the Field Museum at the Woodland or historic period. These human remains and associated funerary address in this notice by April 29, 2019. human remains were determined to be objects to the Delaware Nation, ADDRESSES: Helen Robbins, The Field Native American based on their Oklahoma; Delaware Tribe of Indians; Museum, 1400 S Lakeshore Drive, archeological context and collection and the Stockbridge Munsee Chicago, IL 60605, telephone (312) 655– history. Geographical, kinship, Community, Wisconsin may proceed. 7317, email [email protected]. archeological, anthropological, The Field Museum is responsible for SUPPLEMENTARY INFORMATION: Notice is historical, linguistic, and oral traditional notifying the Delaware Nation, here given in accordance with the evidence shows that the Late Woodland Oklahoma; Delaware Tribe of Indians; Native American Graves Protection and period group at the Rowan Farm site is and the Stockbridge Munsee Repatriation Act (NAGPRA), 25 U.S.C. affiliated with the present-day Delaware Community, Wisconsin that this notice 3003, of the completion of an inventory Tribes, who are represented by the has been published. of human remains and associated Delaware Nation, Oklahoma; Delaware funerary objects under the control of the Tribe of Indians; and the Stockbridge Dated: February 25, 2019. Field Museum, Chicago, IL. The human Munsee Community, Wisconsin. Melanie O’Brien, remains and associated funerary objects Determinations Made by the Field Manager, National NAGPRA Program. were removed from Mercer County, NJ. Museum [FR Doc. 2019–05996 Filed 3–27–19; 8:45 am] This notice is published as part of the BILLING CODE 4312–52–P National Park Service’s administrative Officials of the Field Museum have responsibilities under NAGPRA, 25 determined that: U.S.C. 3003(d)(3). The determinations in • Pursuant to 25 U.S.C. 3001(9), the this notice are the sole responsibility of human remains described in this notice the museum, institution, or Federal represent the physical remains of three agency that has control of the Native individuals of Native American American human remains and ancestry.

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• Pursuant to 25 U.S.C. 3001(3)(A), there is a cultural affiliation between the Tribes of the Siletz Reservation). The the five objects described in this notice human remains and associated funerary Burns Paiute Tribe (previously listed as are reasonably believed to have been objects and present-day Indian Tribes or the Burns Paiute Tribe of the Burns placed with or near individual human Native Hawaiian organizations. Lineal Paiute Indian Colony of Oregon); remains at the time of death or later as descendants or representatives of any Confederated Tribes of the Coos, Lower part of the death rite or ceremony. Indian Tribe or Native Hawaiian Umpqua and Siuslaw Indians; • Pursuant to 25 U.S.C. 3001(2), there organization not identified in this notice Confederated Tribes of the Grand Ronde is a relationship of shared group that wish to request transfer of control Community of Oregon; Confederated identity that can be reasonably traced of these human remains and associated Tribes of the Umatilla Indian between the Native American human funerary objects should submit a written Reservation (previously listed as the remains and associated funerary objects request to the Oregon State University Confederated Tribes of the Umatilla and the Delaware Nation, Oklahoma; NAGPRA Office. If no additional Reservation, Oregon); Confederated Delaware Tribe of Indians; and the requestors come forward, transfer of Tribes of the Warm Springs Reservation Stockbridge Munsee Community, control of the human remains and of Oregon; Coquille Indian Tribe Wisconsin. associated funerary objects to the lineal (previously listed as the Coquille Tribe of Oregon); Cow Creek Band of Umpqua Additional Requestors and Disposition descendants, Indian Tribes, or Native Hawaiian organizations stated in this Indians (previously listed as the Cow Lineal descendants or representatives notice may proceed. Creek Band of Umpqua Indians of of any Indian Tribe or Native Hawaiian DATES: Lineal descendants or Oregon); and Klamath Tribes were organization not identified in this notice representatives of any Indian Tribe or invited to consult but did not that wish to request transfer of control Native Hawaiian organization not participate. Hereafter, all of the above of these human remains and associated identified in this notice that wish to Indian Tribes are referred to as ‘‘The funerary objects should submit a written request transfer of control of these Consulted and Notified Tribes.’’ request with information in support of human remains and associated funerary History and Description of the Remains the request to Helen Robbins, The Field objects should submit a written request Museum, 1400 S Lakeshore Drive, At an unknown date, possibly in with information in support of the 1980, human remains representing, at Chicago, IL 60605, telephone (312) 655– request to the Oregon State University, 7317, email [email protected], minimum, one individual were removed NAGPRA Office at the address in this from site 35LNC50, on the north side of by April 29, 2019. After that date, if no notice by April 29, 2019. additional requestors have come Yaquina Head in Lincoln County, OR. ADDRESSES: forward, transfer of control of the Dawn Marie Alapisco, Sometime after 2004, these human human remains and associated funerary Oregon State University, NAGPRA remains, together with one object, were objects to the Delaware Nation, Office, 106 Gilkey Hall, Corvallis, OR found in a bag along with a note reading Oklahoma; Delaware Tribe of Indians; 97331 telephone (541) 737–4075, email ‘‘from 35LNC50.’’ As Dr. Richard E. and the Stockbridge Munsee [email protected]. Ross and Sandra L. Snyder, both Community, Wisconsin may proceed. SUPPLEMENTARY INFORMATION: Notice is associated with the Department of The Field Museum is responsible for here given in accordance with the Anthropology at Oregon State notifying the Delaware Nation, Native American Graves Protection and University (OSU), excavated 35LNC50 Oklahoma; Delaware Tribe of Indians; Repatriation Act (NAGPRA), 25 U.S.C. in 1980, it is believed that these human and the Stockbridge Munsee 3003, of the completion of an inventory remains are from that excavation. No Community, Wisconsin that this notice of human remains and associated known individuals were identified. The has been published. funerary objects under the control of the one associated funerary object is a lithic Oregon State University, NAGPRA flake. Dated: February 25, 2019. Office. The human remains and The Confederated Tribes of the Siletz Melanie O’Brien, associated funerary objects were Reservation, Oregon, are a confederation Manager, National NAGPRA Program. removed from site 35LNC50, Lincoln of 30 bands whose ancestral territory [FR Doc. 2019–05997 Filed 3–27–19; 8:45 am] County, OR; an unknown location along ranged along the entire Oregon coast BILLING CODE 4312–52–P the Oregon Coast; and Yaquina Bay, and Coast Range, inland to the main Lincoln County, OR. divide of the Cascade Range, and This notice is published as part of the southward to the Rogue River watershed DEPARTMENT OF THE INTERIOR National Park Service’s administrative and included site 35LNC50. In July 1974, human remains National Park Service responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in representing, at minimum, one [NPS–WASO–NAGPRA–NPS0027382; this notice are the sole responsibility of individual were removed from ‘‘Tom PPWOCRADN0–PCU00RP14.R50000] the museum, institution, or Federal Creek,’’ possibly located somewhere on agency that has control of the Native the Oregon Coast according to Notice of Inventory Completion: American human remains and documentation accompanying the Oregon State University, NAGPRA associated funerary objects. The human remains. No known individuals Office, Corvallis, OR National Park Service is not responsible were identified. No associated funerary AGENCY: National Park Service, Interior. for the determinations in this notice. objects are present. ACTION: Notice. In 1957, human remains representing, Consultation at minimum, two individuals were SUMMARY: The Oregon State University, A detailed assessment of the human removed from the south shore of NAGPRA Office, has completed an remains was made by the Oregon State Yaquina Bay in Lincoln County, OR. An inventory of human remains and University, Department of Anthropology OSU professor walking on the south associated funerary objects, in professional staff in consultation with shore of Yaquina Bay found the human consultation with the appropriate representatives of the Confederated remains and took them home. In March Indian Tribes or Native Hawaiian Tribes of Siletz Indians of Oregon of 1994 he gave the human remains to organizations, and has determined that (previously listed as the Confederated the Department of Anthropology at

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OSU. No known individuals were DEPARTMENT OF THE INTERIOR comments on this collection of identified. The one associated funerary information, in the Federal Register on object is a faunal talus bone. Office of Natural Resources Revenue August 31, 2018 (83 FR 44662). During the 60-day period, we specifically Determinations Made by Oregon State [Docket No. ONRR–2011–0020; DS63644000 DR2000000.CH7000 190D1113RT; OMB reached out to seven companies University, NAGPRA Office Control Number 1012–0004] impacted by this information collection Officials of Oregon State University, renewal (ICR) to request input. In Agency Information Collection response to the outreach, we received NAGPRA Office have determined that: Activities; Submission to the Office of seven responsive comments. • Pursuant to 25 U.S.C. 3001(9), the Management and Budget for Review The first comment that we received human remains described in this notice and Approval; Royalty and Production stated the following: represent the physical remains of four Reporting ‘‘I’ve looked at the FRN material and the individuals of Native American AGENCY: Office of the Secretary, Office amount of time in the document is pretty ancestry. accurate with the amount of time it takes me of Natural Resources Revenue, Interior. • Pursuant to 25 U.S.C. 3001(3)(A), to submit my monthly OGORS and PASRs. ACTION: Notice of information collection; 648 lines submit monthly the two objects described in this notice request for comment. are reasonably believed to have been 7,776 lines submit yearly 25% lines require manual intervention placed with or near individual human SUMMARY: In accordance with the 3 minutes: remains at the time of death or later as Paperwork Reduction Act of 1995, the 1,944 lines done manually part of the death rite or ceremony. Office of Natural Resources Revenue 5,832 minutes per year on manual lines • Pursuant to 25 U.S.C. 3001(2), there (ONRR) is proposing to renew an 97.2 hours per year on manual lines’’ is a relationship of shared group information collection with revisions. The second comment that we received identity that can be reasonably traced ONRR seeks renewed authority to stated the following: collect information by which lessees use between the Native American human three forms necessary to report the ‘‘I have read the attached FRN 44662 and remains and the Confederated Tribes of production and royalties on minerals have no comments at this time.’’ Siletz Indians of Oregon (previously produced from Federal and Indian lands The third comment that we received listed as the Confederated Tribes of the and the Outer Continental Shelf (OCS). stated the following: Siletz Reservation). DATES: Interested persons are invited to ‘‘Hope all is well. I reviewed the FRN and Additional Requestors and Disposition submit written comments on or before I currently have no questions.’’ April 29, 2019. The fourth comment that we received Lineal descendants or representatives ADDRESSES: Send written comments on stated the following: of any Indian Tribe or Native Hawaiian this information collection request (ICR) ‘‘[We] reviewed the highlighted (pink) organization not identified in this notice to the Office of Management and that wish to request transfer of control paragraphs and we agree that we are Budget’s Desk Officer for the currently submitting Form 4054 Oil and Gas of these human remains and associated Department of the Interior by email to Operations Report and Form 4058 funerary objects should submit a written [email protected]; or by Production Allocation Schedule Report. We request with information in support of facsimile to (202) 395–5806. Please have no problems submitting these reports the request to Dawn Marie Alapisco, provide a copy of your comments to Mr. each month to ONRR. Let me know if you Oregon State University, NAGPRA Armand Southall, Regulatory Specialist, need anything else.’’ Office, 106 Gilkey Hall, Corvallis, OR ONRR, P.O. Box 25165, MS 64400B, The fifth comment that we received 97331 telephone (541) 737–4075, email Denver, Colorado 80225–0165; or by stated the following: [email protected], email to [email protected]. ‘‘Because of the size of our reporting, we by April 29, 2019. After that date, if no Please reference ‘‘OMB Control Number spend more time on both OGORs and 2014 additional requestors have come 1012–0004’’ in the subject line of your reporting and I entered the estimated burden forward, transfer of control of the comments. hours and sent it back. I don’t have no other human remains and associated funerary FOR FURTHER INFORMATION CONTACT: Ms. comments or questions at this time.’’ objects to the Confederated Tribes of Lee-Ann Martin at (303) 231–3313, or The sixth comment that we received Siletz Indians of Oregon (previously email to [email protected]. You stated the following: listed as the Confederated Tribes of the may also view the ICR at http:// ‘‘I have surveyed the royalty reporting Siletz Reservation) may proceed. www.reginfo.gov/public/do/PRAMain. group and the only comments offered is Oregon State University, NAGPRA SUPPLEMENTARY INFORMATION: In listed below.’’ Office is responsible for notifying The accordance with the Paperwork Suggested improvement for the Data Reduction Act of 1995, we provide the Warehouse. Consulted and Notified Tribes that this The analysts would like to be able to have notice has been published. general public and other Federal agencies with an opportunity to Product Code as one of the selection criteria Dated: February 25, 2019. on the first screen of the ‘Basic Royalty comment on new, proposed, revised, Report’. Melanie O’Brien, and continuing collections of No comments related to the 2014 royalty Manager, National NAGPRA Program. information. This helps us assess the reports.’’ impact of our information collection [FR Doc. 2019–05991 Filed 3–27–19; 8:45 am] The seventh comment that we BILLING CODE 4312–52–P requirements and minimize the public’s reporting burden. It also helps that the received stated the following: public understand our information ‘‘Thank you for reaching out to us. We collection requirements and provide the have no additional updates/comments that requested data in the desired format. we see fit to be made at this time.’’ We published a notice, with a 60-day Once again, we are soliciting public comment period soliciting comments on this proposed ICR that is

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described below. We are especially Public laws pertaining to mineral data for each type of product produced interested in public comment leases on Federal and Indian lands and from each Federal or Indian property. addressing the following issues: (1) Is the OCS are available at http:// Each line contains the royalty owed and the collection necessary to the proper www.onrr.gov/Laws_R_D/PubLaws/ the basic elements necessary to functions of ONRR; (2) will this index.htm. Information collections that calculate the royalty. For example, each information be processed and used in a we cover in this ICR are found at title line of a royalty report will include the timely manner; (3) is the estimate of 30 of the Code of Federal Regulations volume produced from the lease, the burden accurate; (4) how might ONRR (CFR) part 1210, subparts B, C, and D, value of that production, and any enhance the quality, usefulness, and which pertain to reporting oil, gas, and allowances claimed by the reporter clarity of the information collected; and geothermal resources royalties and oil which reduced the royalty owed. and gas production; and part 1212, (5) how might ONRR minimize the Production Reporting burden of this collection on the subpart B, which pertains to respondents, including through the use recordkeeping. Operators (Reporters) must submit, of information technology. Reporters submit information into the according to various regulations, Comments that you submit in ONRR financial accounting system that production reports to the ONRR response to this notice are a matter of includes royalty, rental, bonus, and financial accounting system if they public record. Before including your other payment information; sales operate a Federal or Indian onshore or Personally Identifiable Information (PII), volumes and values; and other royalty offshore oil and gas lease or federally such as your address, phone number, values. ONRR uses the financial approved unit or communitization email address, or other personal accounting system to compare agreement. ONRR uses the financial identifying information in your production volumes with royalty accounting system to track minerals comment(s), you should be aware that volumes to verify that companies produced from Federal and Indian your entire comment, including PII, may reported and paid proper royalties for lands, from the point of production to the point of disposition or royalty be made available to the public at any the minerals produced. Additionally, determination and/or point of sale. The time. While you can ask us, in your we share the data electronically with the reporters use the following forms for comment, to withhold your PII from Bureau of Safety and Environmental Enforcement, Bureau of Ocean Energy production accounting and reporting: public view, we cannot guarantee that Form ONRR–4054, Oil and Gas we will be able to do so. Management, Bureau of Land Management, Bureau of Indian Affairs, Operations Report (OGOR). Reporters Abstract: The Secretary of the United and Tribal and State governments so submit this form monthly for all States Department of the Interior is that they can perform their land and production reporting for the Outer responsible for collecting royalties from lease management responsibilities. Continental Shelf, onshore Federal, and lessees who produce minerals from We use the information collected in Indian leases. On part A of the OGOR Federal and Indian lands and the OCS. this ICR to ensure that companies production report, reporters submit a Under various laws, the Secretary’s properly pay royalties based on accurate line of data indicating the volumes responsibility is to manage mineral production accounting on oil, gas, and produced from each Federal or Indian resources production on Federal and geothermal resources that they produce well. On part B, reporters submit a line Indian lands and the OCS, collect the from Federal and Indian leases. of data for each commodity, indicating royalties and other mineral revenues Production data is also used to the disposition of the volumes. On part due, and distribute the funds collected. determine whether a lease is producing C, reporters submit a line of data for The Secretary also has trust in paying quantities and therefore has each Federal or Indian property responsibility to manage Indian lands not expired, and to track total indicating any change in the volume of and seek advice and information from production from Federal and Indian the inventory remaining on the Indian beneficiaries. ONRR performs the lands by lease, communitization property. ONRR compares the minerals revenue management functions agreement, unit, field or area, State, production information with the sales for the Secretary and assists the reservation, and nationally. The and royalty data that reporters submit Secretary in carrying out the requirement to report accurately and on form ONRR–2014 to ensure that the Department’s trust responsibility for timely is mandatory. Please refer to the reporters paid and reported the proper Indian lands. chart for all reporting requirements and royalties on the oil and gas production When a company or an individual associated burden hours. reported to ONRR. ONRR uses the enters into a lease to explore, develop, information from OGOR parts A, B, and produce, and sell or otherwise dispose Royalty Reporting C to track all oil and gas from the point of minerals from Federal or Indian Payors (Reporters) must report, of production to the point of first sale lands, that company or individual according to various regulations, and or other disposition. Other Federal agrees to pay the lessor a share in an remit royalties on oil, gas, and government agencies use the monthly amount or value of production from the geothermal resources that they data to monitor and inspect lease leased lands. The lessee, or its designee, produced from leases on Federal and operations. must report various kinds of Indian lands. The reporters use the Form ONRR–4058, Production information to the lessor relative to the following form for royalty reporting: Allocation Schedule Report (PASR). disposition of the leased minerals. Such Form ONRR–2014, Report of Sales Reporters submit this form monthly to information is generally available and Royalty Remittance. Reporters provide allocation information for within the records of the lessee or others submit this form monthly to report Federal offshore production. This involved in developing, transporting, royalties on oil, gas, and geothermal reporting is required when a facility processing, purchasing, or selling such leases, certain rents, and other lease- operator manages a measurement point minerals. The information that ONRR related transactions (for example, where they commingle the production collects includes data necessary to transportation and processing from an offshore Federal lease or ensure that the lessee accurately values allowances, lease adjustments, and metering point with production from and appropriately pays all royalties and quality and location differentials). On a other sources (such as State lease other mineral revenues due. royalty report, reporters submit a line of production) before the production is

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measured for a royalty determination. Data (420,241) by 60 to obtain the total On each PASR, the reporter submits a Title of Collection: Royalty and annual burden minutes. Then the total line of data containing the volume of Production Reporting, 30 CFR parts annual burden minutes (25,214,460) commingled oil or gas. ONRR uses the 1210 and 1212. divided by the estimated annual number data to determine if the payors reported OMB Control Number: 1012–0004. of data lines submitted from the table accurate sales volumes on the OGOR. Form Numbers: ONRR–2014, ONRR– below (12,873,046) equals the average Reporters also use the PASR to 4054, and ONRR–4058. completion time. corroborate data reflected on the OGOR Type of Review: Revision of a Total Estimated Number of Annual that the OCS lease operators submit. currently approved collection. Burden Hours: 420,241 hours. Respondents/Affected Public: Respondent’s Obligation: Mandatory. OMB Approval Businesses. Frequency of Collection: Monthly. Total Estimated Number of Annual Total Estimated Annual Non-hour We are requesting OMB’s approval to Respondents: 3,870 oil, gas, and Burden Cost: We have identified no continue to collect this information. Not geothermal reporters. ‘‘non-hour cost’’ burden associated with collecting this information would limit Total Estimated Number of Annual this collection of information. the Secretary’s ability to discharge Responses: 12,873,046 lines of data. We have not included in our fiduciary duties and may also result in Estimated Completion Time per estimates certain requirements that the loss of royalty payments. ONRR Response: Varies between 1 and 7 companies perform in the normal course protects the proprietary information that minutes per line, depending on the of business that ONRR considers usual it receives, and does not collect items of activity. The average completion time is and customary. We display the a sensitive nature. It is mandatory that 1.96 minutes per line. The average estimated annual burden hours by CFR the reporters submit forms ONRR–2014, completion time is calculated by first section and paragraph in the following ONRR–4054, and ONRR–4058. multiplying the estimated annual chart. burden hours from the table below BILLING CODE 4335–30–P

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Respondents' Estimated Annual Burden Hours

Average Number of Annual Title Reporting and Recordkeeping Hour Annual Burden 30 CFR Requirement Burden Responses Hours (lines of data) 30 CFR Part 121 0-FORMS AND REPORTS Subpart B-Royalty Reports-Oil, Gas, and Geothermal Resources 1210.52 1210.52 What royalty reports must I Form ONRR·2014 (a) and (b) submit? Electronic* (approximately 99.97 You must submit a completed form percent) ONRR-2014, Report of Sales and Royalty Remittance, to ONRR with: 3 min. per 6,160,687 308,034 (a) All royalty payments; and line (b) Rents on nonproducing leases, where specified in the lease. Manual* (approximately 0.03 percent) 1210.53 121 0.53 When are my royalty reports (a), (b), and payments due? 7 min. per 1,702 199 and (c) (a) Completed forms ONRR-2014 for line royalty payments and the associated payments are due by the end of the month following the production month (see also§ 1218.50 ofthis chapter). (b) Completed forms ONRR-2014 for rental payments, where applicable, and the associated payments are due as specified by the lease terms (see also § 1218.50 ofthis chapter). (c) You may submit reports and payments early. 1210.54 1210.54 Must I submit this royalty (a), (b), report electronically? and (c) (a) You must submit form ONRR-2014 electronically unless you qualify for an exception under§ 121 0.55(a). (b) As of December 31, 2011, all reporters/payors must report to ONRR electronically via the eCommerce Reporting Web site. All reporters/payors also must report royalty data directly or upload files using the ONRR electronic web form located at https:l/onrrreporting.onrr.gov * * * (c) Refer to our electronic reporting guidelines in the ONRR Minerals Revenue Reporter Handbook, for the most current reporting options, instructions, and security measures. The handbook may be found on our Internet Web site or you may call your ONRR

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Average Number of Annual Title Reporting and Recordkeeping Hour Annual Burden 30 CFR Requirement Burden Responses Hours (lines of data) customer service representative * * *

* * * * * SUBTOTAL FOR ROYALTY REPORTING 6,162,389 308,233 Subpart C-Production Reports-Oil and Gas 1210.102 1210.102 What production reports Burden hours covered under (a)(1 )(i) must I submit? § 1210.1 04(a) and (b). and (ii) (a) Form ONRR-4054, Oil and Gas Operations Report. If you operate a Federal or Indian onshore or OCS oil and gas lease or federally approved unit or communitization agreement that contains one or more wells that are not permanently plugged or abandoned, you must submit form ONRR-4054 to ONRR: (1) You must submit form ONRR-4054 for each well for each calendar month, beginning with the month in which you complete drilling, unless: (i) You have only test production from a drilling well; or (ii) The ONRR tells you in writing to report differently. 1210.102 (2) You must continue reporting until: (a)(2)(i) (i) The Bureau of Land Management and (ii) (BLM) and [Bureau of Safety and Environmental Enforcement] approves all wells as permanently plugged or abandoned or the lease or unit or communitization agreement is terminated; and (ii) You dispose of all inventory.

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Average Number of Annual Title Reporting and Recordkeeping Hour Annual Burden 30 CFR Requirement Burden Responses Hours (lines of data) 1210.102 (b) Form ONRR-4058, Production Burden hours covered under (b)(1) Allocation Schedule Report. If you § 1210.1 04(a) and (b). operate an offshore facility measurement point (FMP) handling production from a Federal oil and gas lease or federally approved unit agreement that is commingled (with approval) with production from any other source prior to measurement for royalty determination, you must file form ONRR-4058. (1) You must submit form ONRR-4058 for each calendar month beginning with the month in which you first handle production covered by this section. 1210.102 (2) Form ONRR-4058 is not required (b)(2)(i)- whenever all of the following conditions (vi) are met: (i) All leases involved are Federal leases; (ii) All leases have the same fixed royalty rate; (iii) All leases are operated by the same operator; (iv) The facility measurement device is operated by the same person as the leases/agreements; (v) Production has not been previously measured for royalty determination; and (vi) The production is not subsequently commingled and measured for royalty determination at an FMP for which form ONRR-4058 is required under this part. 1210.103 1210.103 When are my production Burden hours covered under (a) and reports due? § 1210.1 04(a) and (b). (b) (a) The ONRR must receive your completed forms ONRR-4054 and ON RR-4058 by the 15th day of the second month following the month for which you are reporting. (b) A report is considered received when it is delivered to ONRR by 4 p.m. mountain time at the addresses specified in§ 1210.105. Reports received after 4 p.m. mountain time are considered received the following business day.

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Average Number of Annual Title Reporting and Recordkeeping Hour Annual Burden 30 CFR Requirement Burden Responses Hours (lines of data) 1210.104 1210.104 Must I submit these Form ONRR-4054 (OGOR) (a), (b), production reports electronically? and (c) (a) You must submit forms ONRR-4054 Electronic* (approximately 99.93 and ONRR-4058 electronically unless percent) 1 min. per you qualify for an exception under 6,699,134 111,652 § 1210.105. line (b) As of December 31, 2011, all Manual* (approximately 0.07 percent) 3 min. per reporters/payors must report to ONRR 4,911 246 electronically via the eCommerce line TOTAL Reporting Web site. All reporters/payors 6,704,045 111,898 also must report production data directly OGOR or upload files using the ONRR Form ONRR-4058 (PASR) electronic web form located at Electronic* (approximately 99.94 https:l/onrrreporting.onrr.gov * * * percent) (c) Refer to our electronic reporting 1 min. per guidelines in the ONRR Minerals 6,608 110 line Production Reporter Handbook, for the Manual* (approximately 0.06 percent) most current reporting options, instructions, and security measures. The handbook may be found on our Internet 3 min. per Web site or you may call your ONRR 4 0 customer service representative*** line

* * * * * TOTAL 6,612 110 PASR SUBTOTAL FOR PRODUCTION REPORTING 6,710,657 112,008 PART 1212-RECORDS AND FILES MAINTENANCE Subpart B-Oil, Gas and OCS Sulphur-General 1212.50 1212.50 Required recordkeeping and Burden hours covered under reports. §§ 1210.54(a), (b), and (c); and 1210.104(a) and (b). All records pertaining to offshore and onshore Federal and Indian oil and gas leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified, in writing, that records must be maintained for a longer period * * *.

[In accordance with 30 U.S.C. 1724(f), Federal oil and gas records must be maintained for 7 years from the date the obligation became due.]

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An agency may not conduct or TIME AND DATE: April 2, 2019 at 11:00 Issued: March 25, 2019. sponsor, and a person is not required to a.m. William Bishop, respond to, a collection of information PLACE: Room 101, 500 E Street SW, Supervisory Hearings and Information unless it displays a currently valid OMB Washington, DC 20436, Telephone: Officer. control number. (202) 205–2000. [FR Doc. 2019–06053 Filed 3–26–19; 11:15 am] Authority: Paperwork Reduction Act of STATUS: Open to the public. BILLING CODE 7020–02–P 1995 (44 U.S.C. 3501 et seq). MATTERS TO BE CONSIDERED: Gregory J. Gould, 1. Agendas for future meetings: None. 2. Minutes. INTERNATIONAL TRADE Director for Office of Natural Resources 3. Ratification List. COMMISSION Revenue. 4. Vote on Inv. Nos. 701–TA–595–596 [USITC SE–19–008] [FR Doc. 2019–05927 Filed 3–27–19; 8:45 am] and 731–TA–1401, 1403, and 1405– BILLING CODE 4335–30–C 1406 (Final) (Large Diameter Welded Government in the Sunshine Act Pipe from Canada, Greece, Korea, and Meeting Notice Turkey). The Commission is currently scheduled to complete and file its AGENCY HOLDING THE MEETING: United INTERNATIONAL TRADE States International Trade Commission. COMMISSION determinations and views of the Commission by April 15, 2019. TIME AND DATE: April 4, 2019 at 9:30 a.m. 5. Outstanding action jackets: None. PLACE: Room 101, 500 E Street SW, [USITC SE–19–007] In accordance with Commission Washington, DC 20436, Telephone: policy, subject matter listed above, not Government in the Sunshine Act (202) 205–2000. disposed of at the scheduled meeting, Meeting Notice STATUS: Open to the public. may be carried over to the agenda of the MATTERS TO BE CONSIDERED: AGENCY HOLDING THE MEETING: United following meeting. 1. Agendas for future meetings: None. States International Trade Commission. By order of the Commission. 2. Minutes.

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3. Ratification List. Issued: March 25, 2019. the subject merchandise as ‘‘steel racks 4. Vote on Inv. Nos. 731–TA–1435– William Bishop, and parts thereof, assembled, to any 1440 (Preliminary) (Acetone from Supervisory Hearings and Information extent, or unassembled, including but Belgium, Korea, Saudi Arabia, Officer. not limited to, vertical components (e.g., Singapore, South Africa, and Spain). [FR Doc. 2019–06052 Filed 3–26–19; 11:15 am] uprights, posts, or columns), horizontal The Commission is currently scheduled BILLING CODE 7020–02–P or diagonal components (e.g., arms or to complete and file its determinations beams), braces, frames, locking devices on April 5, 2019; views of the (e.g., end plates and beam connectors), Commission are currently scheduled to INTERNATIONAL TRADE and accessories (including, but not be completed and filed on April 12, COMMISSION limited to, rails, skid channels, skid 2019. rails, drum/coil beds, fork clearance [Investigation Nos. 701–TA–608 and 731– bars, pallet supports, row spacers, and TA–1420 (Final)] 5. Outstanding action jackets: None. wall ties). In accordance with Commission Steel Racks From China; Scheduling of Subject steel racks and parts thereof policy, subject matter listed above, not the Final Phase of Countervailing Duty are made of steel, including, but not disposed of at the scheduled meeting, and Antidumping Duty Investigations limited to, cold and/or hot-formed steel, may be carried over to the agenda of the regardless of the type of steel used to following meeting. AGENCY: United States International produce the components and may, or By order of the Commission. Trade Commission. may not, include locking tabs, slots, or bolted, clamped, or welded connections. Issued: March 25, 2019. ACTION: Notice. Subject steel racks have the following William Bishop, SUMMARY: The Commission hereby gives physical characteristics: Supervisory Hearings and Information notice of the scheduling of the final (1) Each steel vertical and horizontal Officer. phase of antidumping and load bearing member (e.g., arms, beams, [FR Doc. 2019–06051 Filed 3–26–19; 11:15 am] countervailing duty investigation Nos. posts, and columns) is composed of BILLING CODE 7020–02–P 701–TA–608 and 731–TA–1420 (Final) steel that is at least 0.044 inches thick; pursuant to the Tariff Act of 1930 (‘‘the (2) Each steel vertical and horizontal Act’’) to determine whether an industry load bearing member (e.g., arms, beams, INTERNATIONAL TRADE in the United States is materially posts, and columns) is composed of COMMISSION injured or threatened with material steel that has a yield strength equal to injury, or the establishment of an or greater than 36,000 pounds per [USITC SE–19–009] industry in the United States is square inch; materially retarded, by reason of (3) The width of each steel vertical Government in the Sunshine Act imports of steel racks from China, load bearing member (e.g., posts and Meeting Notice provided for in subheadings columns) exceeds two inches; and 7326.90.8688, 9403.20.0080, (4) The overall depth of each steel AGENCY HOLDING THE MEETING: United 9403.90.8041, 7308.90.3000, roll-formed horizontal load bearing States International Trade Commission. 7308.90.6000, 7308.90.9590, and member (e.g., beams) exceeds two 9403.20.0090 of the Harmonized Tariff inches. TIME AND DATE: April 5, 2019 at 11:00 In the case of steel horizontal load a.m. Schedule of the United States, preliminarily determined by the bearing members other than roll-formed PLACE: Room 101, 500 E Street SW, Department of Commerce (‘‘Commerce’’) (e.g., structural beams, Z-beams, or Washington, DC 20436, Telephone: to be subsidized and sold at less-than- cantilever arms), only the criteria in (202) 205–2000. fair-value. subparagraphs (1) and (2) apply to these horizontal load bearing members. The STATUS: DATES: Open to the public. March 4, 2019. depth limitation in subparagraph (4) MATTERS TO BE CONSIDERED: FOR FURTHER INFORMATION CONTACT: does not apply to steel horizontal load Stamen Borisson ((202) 205–3125), 1. Agendas for future meetings: None. bearing members that are not roll- Office of Investigations, U.S. formed. 2. Minutes. International Trade Commission, 500 E Steel rack components can be 3. Ratification List. Street SW, Washington, DC 20436. assembled into structures of various 4. Vote on Inv. Nos. 701–TA–618–619 Hearing-impaired persons can obtain dimensions and configurations by and 731–TA–1441–1444 (Preliminary) information on this matter by contacting welding, bolting, clipping, or with the (Carbon and Alloy Steel Threaded Rod the Commission’s TDD terminal on 202– use of devices such as clips, end plates, from China, India, Taiwan, and 205–1810. Persons with mobility and beam connectors, including, but not Thailand). The Commission is currently impairments who will need special limited to the following configurations: scheduled to complete and file its assistance in gaining access to the (1) Racks with upright frames determinations on April 8, 2019; views Commission should contact the Office perpendicular to the aisles that are of the Commission are currently of the Secretary at 202–205–2000. independently adjustable, with positive- scheduled to be completed and filed on General information concerning the locking beams parallel to the aisle April 15, 2019. Commission may also be obtained by spanning the upright frames with accessing its internet server (https:// 5. Outstanding action jackets: None. braces; and (2) cantilever racks with www.usitc.gov). The public record for vertical components parallel to the aisle In accordance with Commission these investigations may be viewed on and cantilever beams or arms connected policy, subject matter listed above, not the Commission’s electronic docket to the vertical components disposed of at the scheduled meeting, (EDIS) at https://edis.usitc.gov. perpendicular to the aisle. Steel racks may be carried over to the agenda of the SUPPLEMENTARY INFORMATION: may be referred to as pallet racks, following meeting. Scope.—For purposes of these storage racks, stacker racks, retail racks, By order of the Commission. investigations, Commerce has defined pick modules, selective racks, or

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cantilever racks and may incorporate and parts thereof are imported attached (3) boltless vertical supports (upright moving components and be referred to to, or included with, such non-subject welded frames and posts) that have each as pallet-flow racks, carton-flow racks, merchandise, only the steel racks and of the following characteristics: (a) A push-back racks, movable-shelf racks, parts thereof are included in the scope. length of 95 inches or less, (b) with no drive-in racks, and drive-through racks. The scope of these investigations does face that exceeds 2.90 inches wide, and While steel racks may be made to ANSI not cover: (1) Decks, i.e., shelving that (c) made from steel that has a thickness MH16.l or ANSI MH16.3 standards, all sits on or fits into the horizontal of 0.065 inches or less. steel racks and parts thereof meeting the supports to provide the horizontal Excluded from the scope of these description set out herein are covered storage surface of the steel racks; (2) investigations are: (1) Wall-mounted by the scope of these investigations, wire shelving units, i.e., units made shelving and racks, defined as shelving whether or not produced according to a from wire that incorporate both a wire and racks that suspend all of the load particular standard. deck and wire horizontal supports from the wall, and do not stand on, or The scope includes all steel racks and (taking the place of the horizontal beams transfer load to, the floor; (2) ceiling- parts thereof meeting the description and braces) into a single piece with mounted shelving and racks, defined as above, regardless of tubular collars that slide over the posts shelving and racks that suspend all of (1) other dimensions, weight, or load and onto plastic sleeves snapped on the the load from the ceiling and do not rating; posts to create a finished unit; (3) pins, stand on, or transfer load to, the floor; (2) vertical components or frame type nuts, bolts, washers, and clips used as and (3) wall/ceiling mounted shelving (including structural, roll-form, or connecting devices; and (4) non-steel and racks, defined as shelving and racks other); components. that suspend the load from the ceiling (3) horizontal support or beam/brace Specifically excluded from the scope and the wall and do not stand on, or type (including but not limited to of these investigations are any products transfer load to, the floor. The addition structural, roll-form, slotted, unslotted, covered by Commerce’s existing of a wall or ceiling bracket or other Z-beam, C-beam, L-beam, step beam, antidumping and countervailing duty device to attach otherwise subject and cantilever beam); orders on boltless steel shelving units merchandise to a wall or ceiling does (4) number of supports; prepackaged for sale from the People’s not meet the terms of this exclusion. (5) number of levels; Republic of China. See Boltless Steel Also excluded from the scope of these (6) surface coating, if any (including Shelving Units Prepackaged for Sale investigations is scaffolding that but not limited to paint, epoxy, powder From the People’s Republic of China: complies with ANSI/ASSE coating, zinc, or other metallic coatings); Antidumping Duty Order, 80 FR 63,741 A10.8–2011—Scaffolding Safety (7) rack shape (including but not (October 21, 2017); Boltless Steel Requirements, CAN/CSA S269.2–M87 limited to rectangular, square, corner, Shelving Units Prepackaged for Sale (Reaffirmed 2003)—Access Scaffolding and cantilever); From the People’s Republic of China: (8) the method by which the vertical Amended Final Affirmative for Construction Purposes, and/or and horizontal supports connect Countervailing Duty Determination and Occupational Safety and Health (including but not limited to locking Countervailing Duty Order, 80 FR Administration regulations at 29 CFR tabs or slots, bolting, clamping, and 63,745 (October 21, 2017). part 1926 subpart L—Scaffolds. welding); and Also excluded from the scope of these Also excluded from the scope of these (9) whether or not the steel rack has investigations are bulk-packed parts or investigations are tubular racks such as moving components (including but not components of boltless steel shelving garment racks and drying racks, i.e., limited to rails, wheels, rollers, tracks, units that were specifically excluded racks in which the load bearing vertical channels, carts, and conveyors). from the scope of the Boltless Steel and horizontal steel members consist Subject merchandise includes Shelving Orders because such bulk- solely of: (1) Round tubes that are no merchandise matching the above packed parts or components do not more than two inches in diameter; (2) description that has been finished or contain the steel vertical supports (i.e., round rods that are no more than two packaged in a third country. Finishing uprights and posts) and steel horizontal inches in diameter; (3) other tubular includes, but is not limited to, coating, supports (i.e., beams, braces) packaged shapes that have both an overall height painting, or assembly, including together for assembly into a completed of no more than two inches and an attaching the merchandise to another boltless steel shelving unit. overall width of no more than two product, or any other finishing or Such excluded components of boltless inches; and/or (4) wire. assembly operation that would not steel shelving are defined as: Also excluded from the scope of these remove the merchandise from the scope (1) Boltless horizontal supports investigations are portable tier racks. of these investigations if performed in (beams, braces) that have each of the Portable tier racks must meet each of the the country of manufacture of the steel following characteristics: (a) A length of following criteria to qualify for this racks and parts thereof. Packaging 95 inches or less, (b) made from steel exclusion: includes packaging the merchandise that has a thickness of 0.068 inches or (1) They are freestanding, portable with or without another product or any less, and (c) a weight capacity that does assemblies with a fully welded base and other packaging operation that would not exceed 2500 lbs per pair of beams four freely inserted and easily not remove the merchandise from the for beams that are 78″ or shorter, a removable corner posts; scope of these investigations if weight capacity that does not exceed (2) They are assembled without the performed in the country of 2200 lbs per pair of beams for beams use of bolts, braces, anchors, brackets, manufacture of the steel racks and parts that are over 78″ long but not longer clips, attachments, or connectors; thereof. than 90″, and/or a weight capacity that (3) One assembly may be stacked on Steel racks and parts thereof are does not exceed 1800 lbs per pair of top of another without applying any included in the scope of these beams for beams that are longer than additional load to the product being investigations whether or not imported 90″; stored on each assembly, but individual attached to, or included with, other (2) shelf supports that mate with the portable tier racks are not securely parts or accessories such as wire aforementioned horizontal supports; attached to one another to provide decking, nuts, and bolts. If steel racks and interaction or interdependence; and

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(4) The assemblies have no participate in the final phase of these any request to present a portion of their mechanism (e.g., a welded foot plate investigations as parties must file an hearing testimony in camera no later with bolt holes) for anchoring the entry of appearance with the Secretary than 7 business days prior to the date of assembly to the ground. to the Commission, as provided in the hearing. Also excluded from the scope of these section 201.11 of the Commission’s Written submissions.—Each party investigations are accessories that are rules, no later than 21 days prior to the who is an interested party shall submit independently bolted to the floor and hearing date specified in this notice. A a prehearing brief to the Commission. not attached to the rack system itself, party that filed a notice of appearance Prehearing briefs must conform with the i.e., column protectors, corner guards, during the preliminary phase of the provisions of section 207.23 of the bollards, and end row and end of aisle investigations need not file an Commission’s rules; the deadline for protectors. additional notice of appearance during filing is July 9, 2019. Parties may also Merchandise covered by these this final phase. The Secretary will file written testimony in connection investigations is currently classified in maintain a public service list containing the Harmonized Tariff Schedule of the the names and addresses of all persons, with their presentation at the hearing, as United States (HTSUS) under the or their representatives, who are parties provided in section 207.24 of the following subheadings: 7326.90.8688, to the investigations. Commission’s rules, and posthearing 9403.20.0080, and 9403.90.8041. Limited disclosure of business briefs, which must conform with the Subject merchandise may also enter proprietary information (BPI) under an provisions of section 207.25 of the under subheadings 7308.90.3000, administrative protective order (APO) Commission’s rules. The deadline for 7308.90.6000, 7308.90.9590, and and BPI service list.—Pursuant to filing posthearing briefs is July 23, 2019. 9403.20.0090. The HTSUS subheadings section 207.7(a) of the Commission’s In addition, any person who has not are provided for convenience and U.S. rules, the Secretary will make BPI entered an appearance as a party to the Customs purposes only. The written gathered in the final phase of these investigations may submit a written description of the scope is dispositive.’’ investigations available to authorized statement of information pertinent to Background.—The final phase of applicants under the APO issued in the the subject of the investigations, these investigations is being scheduled investigations, provided that the including statements of support or pursuant to sections 705(b) and 731(b) application is made no later than 21 opposition to the petition, on or before of the Tariff Act of 1930 (19 U.S.C. days prior to the hearing date specified July 23, 2019. On August 14, 2019, the 1671d(b) and 1673d(b)), as a result of in this notice. Authorized applicants Commission will make available to affirmative preliminary determinations must represent interested parties, as parties all information on which they by Commerce that certain benefits defined by 19 U.S.C. 1677(9), who are have not had an opportunity to which constitute subsidies within the parties to the investigations. A party comment. Parties may submit final meaning of section 703 of the Act (19 granted access to BPI in the preliminary comments on this information on or U.S.C. 1671b) are being provided to phase of the investigations need not before August 16, 2019, but such final manufacturers, producers, or exporters reapply for such access. A separate comments must not contain new factual in China of steel racks, and that such service list will be maintained by the information and must otherwise comply products are being sold in the United Secretary for those parties authorized to with section 207.30 of the Commission’s States at less than fair value within the receive BPI under the APO. rules. All written submissions must meaning of section 733 of the Act (19 Staff report.—The prehearing staff conform with the provisions of section U.S.C. 1673b). The investigations were report in the final phase of these 201.8 of the Commission’s rules; any requested in petitions filed on June 20, investigations will be placed in the submissions that contain BPI must also 2018, by Bulldog Rack Company, nonpublic record on July 1, 2019, and conform with the requirements of Weirton, West Virginia; Hannibal a public version will be issued sections 201.6, 207.3, and 207.7 of the Industries, Inc., Los Angeles, California; thereafter, pursuant to section 207.22 of Commission’s rules. The Commission’s Husky Rack and Wire, Denver, North the Commission’s rules. Handbook on E-Filing, available on the Carolina; Ridg-U-Rak, Inc., North East, Hearing.—The Commission will hold Commission’s website at https:// Pennsylvania; SpaceRAK, A Division of a hearing in connection with the final edis.usitc.gov, elaborates upon the Heartland Steel Products, Inc., phase of these investigations beginning Commission’s rules with respect to Marysville, Michigan; Speedrack at 9:30 a.m. on Tuesday, July 16, 2019, electronic filing. Products Group, Ltd., Sparta, Michigan; at the U.S. International Trade Additional written submissions to the Steel King Industries, Inc., Stevens Commission Building. Requests to Commission, including requests Point, Wisconsin; Tri-Boro Shelving & appear at the hearing should be filed in pursuant to section 201.12 of the Partition Corp., Farmville, Virginia; and writing with the Secretary to the Commission’s rules, shall not be UNARCO Material Handling, Inc., Commission on or before July 10, 2019. accepted unless good cause is shown for Springfield, Tennessee. A nonparty who has testimony that may For further information concerning aid the Commission’s deliberations may accepting such submissions, or unless the conduct of this phase of the request permission to present a short the submission is pursuant to a specific investigations, hearing procedures, and statement at the hearing. All parties and request by a Commissioner or rules of general application, consult the nonparties desiring to appear at the Commission staff. Commission’s Rules of Practice and hearing and make oral presentations In accordance with sections 201.16(c) Procedure, part 201, subparts A and B should participate in a prehearing and 207.3 of the Commission’s rules, (19 CFR part 201), and part 207, conference to be held on July 12, 2019, each document filed by a party to the subparts A and C (19 CFR part 207). at the U.S. International Trade investigations must be served on all Participation in the investigations and Commission Building, if deemed other parties to the investigations (as public service list.—Persons, including necessary. Oral testimony and written identified by either the public or BPI industrial users of the subject materials to be submitted at the public service list), and a certificate of service merchandise and, if the merchandise is hearing are governed by sections must be timely filed. The Secretary will sold at the retail level, representative 201.6(b)(2), 201.13(f), and 207.24 of the not accept a document for filing without consumer organizations, wishing to Commission’s rules. Parties must submit a certificate of service.

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Authority: These investigations are being security-related procedures, for both appointment expiration dates in conducted under authority of title VII of the submissions by regular mail may one announcement; however, the Tariff Act of 1930; this notice is published experience significant delays. Council’s two-year terms will remain pursuant to section 207.21 of the Facsimile: The Department will not the same. To the extent permitted by Commission’s rules. accept nominations submitted by fax. FACA and other laws, the Council By order of the Commission. FOR FURTHER INFORMATION CONTACT: membership should also be consistent Issued: March 22, 2019. Athena Brown, Division of Indian and with achieving the greatest impact, Katherine Hiner, Native American Programs, (address scope, and credibility among diverse Acting Secretary to the Commission. above); by phone at (202) 693–3737 or stakeholders. The diversity in such [FR Doc. 2019–05925 Filed 3–27–19; 8:45 am] by email at [email protected] or membership includes but is not limited BILLING CODE 7020–02–P [email protected]. to: Race, gender, disability, sexual orientation, and gender identity. SUPPLEMENTARY INFORMATION: III. Nomination Process DEPARTMENT OF LABOR I. Background and Authority The Secretary seeks nominations from The Council is a non-discretionary representatives of tribal governments Employment and Training committee authorized under WIOA with Administration and American Indian, Alaska Native, the purpose of advising the Secretary on and Native Hawaiian organizations who the operation and administration of the Solicitation of nominations for the have expertise in the areas of workforce WIOA Section 166 Indian and Native Native American Employment and development, secondary and post- American Employment and Training Training Council secondary education, healthcare, human programs. The Charter provides for the services, veteran services, and business AGENCY: Employment and Training Council to consist of no less than 15 but and economic development to join the Administration, Department of Labor. no more than 20 members, appointed by Council and provide expertise on the ACTION: Solicitation of nominations for the Secretary, who are representatives of WIOA Section 166 Indian and Native the Native American Employment and Indian tribes, tribal organizations, American Programs. The Charter Training Council (Council). Alaska Native entities, Indian-controlled requires that the Council, to the extent organizations serving Indians, and practicable, shall represent all SUMMARY: The Department of Labor Native Hawaiian organizations. geographic areas of the United States (Department) is soliciting nominations Members of the Council shall serve at with a substantial Indian, Alaska Native, for appointment to the Council for the pleasure of the Secretary for a two- or Native Hawaiian population. consideration by the Secretary of Labor. year term designated by the Secretary Accordingly, the Department seeks The Secretary invites federally and without compensation except that representatives from each of the six ETA recognized tribes, Native American non- members shall be allowed travel regions (see ETA regions located at: profit organizations, and Alaska Native expenses, including per diem, while https://www.doleta.gov/regions), as well and Native Hawaiian organizations to away from their homes or regular places as representatives from Hawaii, Alaska, submit nominations and announces of business in the performance of Oklahoma, and Other Disciplines. procedures for those nominations. services for the Council. Appointments for the following 12 DATES: Nominations for individuals to members expired on May 11, 2018: serve on the Council must be submitted II. Structure Mr. Darrell Waldron, Region I, Boston (postmarked if sending by mail; Except as otherwise required by law, (includes CT, MA, ME, NH, NJ, NY, PR, RI, electronically or received if hand- the Council membership will be VI and VT); delivered) by April 29, 2019. consistent with the applicable Federal Mr. Elkton Richardson and Mr. Curtis ADDRESSES: Submit nominations and Advisory Committee Act (FACA) Osceola, Region III, Atlanta (includes AL, FL, supporting materials described in this regulations as follows: (a) Membership GA, KY, MS, NC, SC, and TN); Federal Register Notice by any one of on the Council will be fairly balanced; Ms. Kimberly Carroll, Region IV, Dallas (b) members will come from a cross- (includes AR, CO, LA, MT, ND, NM, OK, SD, the following methods: TX, UT, and WY); Electronically: Submit nominations, section of those directly affected, Ms. Christine Campbell, Region V, Chicago including attachments, by email using interested, and qualified as appropriate (includes IA, IL, IN, KS, MI, MN, MO, NE, the following address: [email protected] to the nature and functions of the OH, and WI); (Use subject line ‘‘Nomination—Native Council; and (c) the composition of the Mr. Gary Rickard, Ms. Roselyn Shirley, and American Employment and Training Council depends upon several factors, Mr. Jacob Bernal, Region VI, San Francisco Council). including: (i) The Council’s mission; (ii) (includes AK, AZ, CA, GU, HI, ID, NV, OR, Mail, express delivery, hand delivery, the geographic, ethnic, social, economic, and WA); messenger, or courier service: Submit or scientific impact of the advisory Mr. Michael Tucker, Region VI, Alaska Native representative; and one copy of the nominations and committee’s recommendations; (iii) the Dr. Cynthia Lindquist, Mr. Jason Smith, supporting materials to the following types of specific perspectives required; and Mr. Dave Archambault II, Other address: Native American Employment (iv) the need to obtain divergent points Disciplines representatives. and Training Council Nominations, of view on the issues before the Council, All individuals listed above are Division of Indian and Native American such as those of consumers, technical eligible for nomination. Programs, U.S. Department of Labor, experts, the public at-large, academia, Appointments for the following five 200 Constitution Ave. NW, Room S– business, or other sectors; and (v) the members expired on November 14, 4209, Washington, DC 20210. Deliveries relevance of state, local, and tribal 2018: by hand, express mail, messenger, and governments to the development of the courier service are accepted by the Council’s recommendations. Chief G. Anne Richardson, Region II, Philadelphia (includes DE, MD, PA, WV and Division of Indian and Native American Twelve appointments expired on May VA); Programs during the hours of 9:00 a.m.– 11, 2018, and five expired on November Mr. Erwin L. Pahmahmie, Jr., Region IV, 5:00 p.m. Eastern Daylight Time, 14, 2018. The Department is Dallas (includes AR, CO, LA, MT, ND, NM, Monday through Friday. Due to consolidating the nomination process OK, SD, TX, UT, and WY);

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Mr. Daryl Legg, Region IV, Oklahoma • A copy of the biographical • Mail: Records Appraisal and representative; information and resume of the nominee; Agency Assistance (ACR); National Ms. Winona Whitman, Region VI, Native and Archives and Records Administration; Hawaiian representative; and • A cover letter that provides the 8601 Adelphi Road, College Park, MD Chairman Michael Hunter, Other reason(s) for nominating the individual Disciplines. 20740–6001. and their particular expertise in the FOR FURTHER INFORMATION CONTACT: All members listed above are eligible areas of workforce development, Records Management Operations by for nomination. secondary and post-secondary email at [email protected], by Grantee representatives from the six education, healthcare, human services, mail at the address above, or by phone ETA regions (including those designated veteran services, or business and at 301–837–1799. as Pub. L. 102–477 grantees) may only economic development. In addition, the SUPPLEMENTARY INFORMATION: submit nominations for individuals cover letter must state that the residing in their ETA region. Grantees nomination is in response to this Public Comment Procedures from any ETA region may nominate Federal Register Notice and that the We are publishing notice of records individuals for Other Disciplines who nominee (if someone other than oneself) schedules in which agencies propose to reside in any ETA region. In order to has accepted the nomination. We have dispose of records they no longer need meet the FACA requirement of a fairly provided an optional form for to conduct agency business. We invite balanced membership, individuals will convenience. Download at https:// public comments on these records also be nominated to represent Alaska _ doleta.gov/dinap/pdf/NAETC schedules, as required by 44 U.S.C. Natives and Native Hawaiians in Region _ Nomination Form.pdf. 3303a(a), and list the schedules at the VI in addition to nominations for Region Authority: Pursuant to 29 U.S.C. 3221(i)(4), end of this notice by agency and VI. Due to the number of tribes and the Section 166(i)(4) of the Workforce Innovation subdivision requesting disposition concentration of American Indians in and Opportunity Act (WIOA), Pub. L. 113– authority. Oklahoma, individuals will be 128; Federal Advisory Committee Act In addition, this notice lists the nominated to represent the State of (FACA) as amended 5 U.S.C. App. organizational unit(s) accumulating the Oklahoma in addition to nominations Molly E. Conway, records or states that the schedule has for Region IV. agency-wide applicability. It also In submitting nominations, please Acting Assistant Secretary for Employment and Training Administration, Labor. provides the control number assigned to consider the nominee’s availability to each schedule, which you will need if attend and actively participate in [FR Doc. 2019–05931 Filed 3–27–19; 8:45 am] you submit comments on that schedule. Council meetings (a minimum of two BILLING CODE 4501–FR–P We have uploaded the records meetings annually), willingness to serve schedules and accompanying appraisal on Council workgroups, and ability to memoranda to the regulations.gov provide feedback to the grantee NATIONAL ARCHIVES AND RECORDS docket for this notice as ‘‘other’’ community. Communication between ADMINISTRATION documents. Each records schedule the Council member and his or her [FDMS No. NARA–19–0002; NARA–2019– contains a full description of the records constituency is essential to the 017] at the file unit level as well as their partnership between the Department proposed disposition. The appraisal and the Indian and Native American Records Schedules; Availability and memorandum for the schedule includes communities. Nominations must Request for Comments information about the records. include: • AGENCY: National Archives and Records We will post comments, including Whether the nomination is for the Administration (NARA). May 11, 2018, vacancy or the November any personal information and ACTION: 14, 2018, vacancy; Notice of availability of attachments, to the public docket • Nomination category (e.g., ETA proposed records schedules; request for unchanged. Because comments are Region, Native Hawaiian representative, comments. public, you are responsible for ensuring that you do not include any confidential Alaska Native representative, Oklahoma SUMMARY: The National Archives and representative, or representative for or other information that you or a third Records Administration (NARA) party may not wish to be publicly Other Disciplines). Those nominating a publishes notice of certain Federal regional representative must reside in posted. If you want to submit a agency requests for records disposition comment with confidential information the same region as the nominee; authority (records schedules). We • or cannot otherwise use the Name; publish notice in the Federal Register • regulations.gov portal, you may contact Title; and on regulations.gov for records • [email protected] for Organization; schedules in which agencies propose to • Address; instructions on submitting your • dispose of records they no longer need comment. City, State, and Zip Code; to conduct agency business. We invite • Email; We will consider all comments • public comments on such records submitted by the posted deadline and Phone Number; schedules. • If nominated for Other Disciplines, consult as needed with the Federal specify Discipline; DATES: NARA must receive comments agency seeking the disposition • Nominator’s Name; by May 13, 2019. authority. After considering comments, • Organization; ADDRESSES: You may submit comments we will post on regulations.gov a • City, State; by either of the following methods. You ‘‘Consolidated Reply’’ summarizing the • Signature and Date; must cite the control number, which comments, responding to them, and • Verification that the nominee appears on the records schedule in noting any changes we have made to the formally accepted the nomination, and, parentheses after the name of the agency proposed records schedule. We will for purposes of vetting, the nominee’s that submitted the schedule. then send the schedule for final date of birth is required; • Federal eRulemaking Portal: http:// approval by the Archivist of the United • Signature and Date; www.regulations.gov. States. You may elect at regulations.gov

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to receive updates on the docket, 5. Department of Agriculture, Forest meeting with less than seven days’ including an alert when we post the Service, Natural Resource Planning notice to the public, and that no earlier Consolidated Reply, whether or not you (DAA–0095–2018–0090). notice of the meeting was possible. submit a comment. You may request 6. Department of Agriculture, Forest MATTERS TO BE CONSIDERED: additional information about the Service, Land Management Planning 1. Consideration of Supervisory disposition process through the contact (DAA–0095–2018–0091). Action. Closed pursuant to Exemptions information listed above. 7. Department of Commerce, National (8), (9) and (9)(ii). We will post schedules on our Institutes of Standards and Technology, CONTACT PERSON FOR MORE INFORMATION: website in the Records Control Schedule Human Subjects Protection Office Gerard Poliquin, Secretary of the Board, (RCS) Repository, at https:// Records (DAA–0167–2018–0002). Telephone: 703–518–6304. www.archives.gov/records-mgmt/rcs, 8. Department of Defense, Defense after the Archivist approves them. The Security Service, Special Access Gerard Poliquin, RCS contains all schedules approved Program (SAP) (DAA–0446–2016–0005). Secretary of the Board. since 1973. 9. Department of Defense, Defense [FR Doc. 2019–06113 Filed 3–26–19; 4:15 pm] Security Service, Administrative BILLING CODE 7535–01–P Background Program Files (DAA–0446–2018–0002). Each year, Federal agencies create 10. Department of Defense, Defense billions of records. To control this Security Service, Strategic Management accumulation, agency records managers Office (DAA–0446–2018–0004). NATIONAL SCIENCE FOUNDATION prepare schedules proposing retention 11. Department of Defense, Defense Advisory Committee for Mathematical periods for records and submit these Threat Reduction Agency, DTRA and Physical Sciences; Notice of schedules for NARA’s approval. Once Learning Management System (DAA– Meeting approved by NARA, records schedules 0374–2018–0008). provide mandatory instructions on what 12. Department of Health and Human In accordance with the Federal happens to records when no longer Services, National Institutes of Health, Advisory Committee Act (Pub. L. 92– needed for current Government NIH Architectural Drawings of 463, as amended), the National Science business. The records schedules Historical Significance (DAA–0443– Foundation (NSF) announces the authorize agencies to preserve records of 2018–0001). following meeting: continuing value in the National 13. Department of Homeland Security, Name and Committee Code: Advisory Archives or to destroy, after a specified Bureau of Customs and Border Committee for Mathematical and period, records lacking continuing Protection, U.S. Citizen Encounter Physical Sciences (#66). administrative, legal, research, or other Photos (DAA–0568–2019–0002). Date and Time: May 2, 2019; 8:30 value. Some schedules are 14. Army & Air Force Exchange a.m. to 4:00 p.m. May 3, 2019; 8:30 a.m. comprehensive and cover all the records Service, Agency-wide, Payroll to 12:30 p.m. of an agency or one of its major Allotment Files (DAA–0334–2018– Place: NSF, 2415 Eisenhower Avenue, subdivisions. Most schedules, however, 0008). Alexandria, VA 22314. cover records of only one office or 15. Bureau of the Census, Center for Type of Meeting: Open. program or a few series of records. Many Behavioral Science Methods, Records Contact Person: Nade`ge Aoki, of these update previously approved for the Center for Survey Measurement National Science Foundation, 2415 schedules, and some include records (DAA–0029–2018–0001). Eisenhower Avenue, Room C 9015B, proposed as permanent. 16. National Archives and Records Alexandria, Virginia 22314; Telephone: Agencies may not destroy Federal Administration, Government-wide, 703/292–4934. records without the approval of the Additions to GRS 5.7 (DAA–GRS–2018– Purpose of Meeting: To provide Archivist of the United States. The 0009). advice, recommendations and counsel Archivist grants this approval only after Laurence Brewer, on major goals and policies pertaining thorough consideration of the records’ Chief Records Officer for the U.S. to MPS programs and activities. administrative use by the agency of Government. origin, the rights of the Government and Agenda of private people directly affected by the [FR Doc. 2019–05929 Filed 3–27–19; 8:45 am] BILLING CODE 7515–01–P Thursday, May 2, 2019; 8:30 a.m. to Government’s activities, and whether or 4:00 p.m. not the records have historical or other • value. Public review and comment on Presentation: Update on MPS these records schedules is part of the NATIONAL CREDIT UNION Activities from Assistant Director Archivist’s consideration process. ADMINISTRATION Anne Kinney • Presentation and Discussion: Joined Schedules Pending: Sunshine Act; Notice of Agency session with OPP AC 1. Department of Agriculture, Forest Meeting • Presentation and Discussion: OLPA Service, Special Uses Administration • Presentation and Discussion: Update TIME AND DATE: 1:00 p.m., Wednesday, (DAA–0095–2018–0059). on Materials Decadal Survey and 2. Department of Agriculture, Forest March 27, 2019. Spectrum Management Service, Road and Trail Rights-of-Way PLACE: Board Room, 7th Floor, Room • Discussion with NSF COO 7047, 1775 Duke Street, Alexandria, VA (ROW) Grants (DAA–0095–2018–0060). Friday, May 3, 2019; 8:30 a.m. to 12:30 3. Department of Agriculture, Forest 22314–3428. p.m. Service, Forest Service Authorized STATUS: Closed. Prospecting and Mineral Collecting Pursuant to the provisions of the • Presentation and Discussion: Update (DAA–0095–2018–0064). ‘‘Government in Sunshine Act,’’ notice on Quantum Leap Big Idea 4. Department of Agriculture, Forest is hereby given that the NCUA Board • Presentation and Discussion: Service, Geologic Resources, Hazards, unanimously determined that agency Synthetic Biology and Services (DAA–0095–2018–0065). business required holding a closed • Discussion of MPS AC

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Dated: March 22, 2019. II. Self-Regulatory Organization’s 2019 temporary fee reduction’’),3 the Crystal Robinson, Statement of the Purpose of, and Board determined that, given the impact Committee Management Officer. Statutory Basis for, the Proposed Rule of the newly lowered target, a second [FR Doc. 2019–05910 Filed 3–27–19; 8:45 am] Change temporary fee reduction was necessary and appropriate to manage reserves BILLING CODE 7555–01–P In its filing with the Commission, the balances. MSRB included statements concerning the purpose of and basis for the Financial Reserves and the Board’s SECURITIES AND EXCHANGE proposed rule change and discussed any Holistic Review of MSRB Fees COMMISSION comments it received on the proposed In 2010, after several years of heavy rule change. The text of these statements [Release No. 34–85400; File No. SR–MSRB– investment in the technological 2019–06] may be examined at the places specified infrastructure needed to launch the in Item IV below. The MSRB has MSRB’s Electronic Municipal Market Self-Regulatory Organizations; prepared summaries, set forth in Access (EMMA®) website, the MSRB’s Municipal Securities Rulemaking Sections A, B, and C below, of the most financial reserve levels had dropped Board; Notice of Filing and Immediate significant aspects of such statements. below the then reserve target that the Effectiveness of a Proposed Rule A. Self-Regulatory Organization’s MSRB had previously established. As a Change To Amend MSRB Rule A–13 to Statement of the Purpose of, and result, replenishing the MSRB’s reserves Temporarily Reduce the Rate of Statutory Basis for, the Proposed Rule became a priority. The following year, Assessment for the MSRB’s Change the MSRB increased the transaction fee Underwriting, Transaction and under Rule A–13 and began assessing a Technology Fees on Brokers, Dealers 1. Purpose new technology fee for dealers under and Municipal Securities Dealers The purpose of the proposed rule the same rule.4 By 2014, revenue from the technology fee had generated March 22, 2019. change is to temporarily reduce the rate of assessment for the MSRB’s sufficient resources to stabilize the Pursuant to Section 19(b)(1) of the underwriting, transaction and technology reserve and allowed the Securities Exchange Act of 1934 (the technology fees for dealers under Rule MSRB to rebate $3.6 million in ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 A–13, with respect to assessible activity technology fees to eligible dealers. notice is hereby given that on March 14, that occurs from April 1, 2019 through Further, in 2014, with the extension of 2019 the Municipal Securities September 30, 2019. The proposed rule the MSRB’s jurisdiction to regulate Rulemaking Board (‘‘MSRB’’) filed with change is designed to reduce, in a municipal advisors, this class of the Securities and Exchange carefully considered and strategic regulated entity began contributing to Commission (‘‘SEC’’ or ‘‘Commission’’) manner, MSRB reserves in a way that the cost of MSRB regulation.5 the proposed rule change as described furthers the fair and equitable balance of The Board’s technology fee rebate in Items I, II, and III below, which Items fees across regulated entities. decision and analysis of reserve levels have been prepared by the MSRB. The prompted it in 2015 to conduct a Commission is publishing this notice to Background holistic review of fees from dealer solicit comments on the proposed rule The MSRB discharges its statutory assessments, municipal advisors and change from interested persons. mandate under the Exchange Act other sources to determine whether I. Self-Regulatory Organization’s through the establishment of rules for further changes to the funding structure Statement of the Terms of Substance of dealers and municipal advisors were warranted. The Board evaluated the Proposed Rule Change (together with dealers, ‘‘regulated the assessment of MSRB fees on regulated entities with the goal of better The MSRB filed with the Commission entities’’), the collection and aligning revenue sources with operating a proposed rule change to amend MSRB dissemination of market information, expenses and all capital needs. The Rule A–13, on underwriting and market leadership, outreach and Board strives to diversify funding transaction assessments for brokers, education. To fund its responsibilities, sources among regulated entities and dealers and municipal securities the MSRB assesses fees on regulated other entities that fund MSRB dealers, to temporarily reduce the rate of entities, where the majority of the fees operations in a manner that ensures assessment for the MSRB’s are driven by market activity. Moreover, long-term sustainability, while underwriting, transaction and as a self-regulatory organization, the continuing to strike an equitable balance technology fees on brokers, dealers and MSRB must maintain sufficient reserves in fees among regulated entities and a municipal securities dealers (‘‘dealers’’) to discharge its responsibilities and fair allocation of the cost of operating with respect to assessible activity that operate without interruption, even in an and administering the MSRB, including occurs from April 1, 2019 through economic downturn. Reserves are regulatory activities, systems September 30, 2019 (the ‘‘proposed rule necessary to mitigate fluctuations in the development and operational activities. change’’). The MSRB has designated the MSRB’s primarily market-driven The Board, as it has historically, proposed rule change for immediate revenue stream, and provide a backstop assesses such reasonable fees and effectiveness. for funding services essential to the charges as may be necessary or The text of the proposed rule change efficiency of the market. The MSRB appropriate to defray the costs and is available on the MSRB’s website at manages reserves balances relative to a expenses of operating and administering www.msrb.org/Rules-and- Board-approved target, and the Board the Board. Interpretations/SEC-Filings/2019- recently revised the target construct Filings.aspx, at the MSRB’s principal which resulted in lowering of the target. office, and at the Commission’s Public As a result, following a prior fee 3 See Release No. 34–83713 (Jul. 26, 2018), 83 FR 37538 (Aug. 1, 2018) (File No. SR–MSRB–2018–06). Reference Room. reduction in the first quarter of the MRSB’s Fiscal Year 2019 which 4 See Release No. 34–63621 (Dec. 29, 2010), 76 FR 604 (Jan. 5, 2011) (File No. SR–MSRB–2010–10). 1 15 U.S.C. 78s(b)(1). occurred before the change in the 5 See Release No. 34–72019 (Apr. 25, 2014), 79 FR 2 17 CFR 240.19b–4. reserves target (the ‘‘first Fiscal Year 24798 (May 1, 2014) (File No. SR–MSRB–2014–03).

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The first outcome of the holistic fee on balances not paid within 30 days of that contributed to the excess reserve review was to substantially reduce (by the invoice date by the dealer or position are the fees that are the subject 8.3%) the fee assessed on municipal municipal advisor; of the proposed rule change.10 securities underwriters. At the same 5. Underwriting fee (Rule A–13). Recent Reserves Review by the Board time, the MSRB raised initial $.0275 per $1,000 of the par value paid registration fees (which had not been by a dealer, on all municipal securities Following the development of its adjusted since 1975) and annual fees purchased from an issuer by or through Fiscal Year 2019 budget, which (which had not been adjusted since such dealer, whether acting as principal included the first Fiscal Year 2019 2009)—fees that are paid by all or agent as part of a primary offering; temporary fee reduction covering the regulated entities—to better align with and in the case of an underwriter (as underwriting, transaction and the cost of administering registrants and defined in Rule G–45) of a primary technology fees assessed on dealers for ensure that all registrants more fairly offering of certain municipal fund assessible activity that occurred from contributed to defraying the costs and securities, $.005 per $1,000 of the total October 1, 2018 through December 31, expenses of operating and administering aggregate assets for the reporting period 2018, the Board, in its normal course of the MSRB.6 (i.e., the 529 savings plan fee on prudent fiscal management, reviewed Outside of that 2015 holistic fee underwriters); the MSRB’s reserves. That review, review and to help ensure that its fee 6. Transaction fee (Rule A–13). .001% which resulted in a reduction in the structure remained balanced and fair, in ($.01 per $1,000) of the total par value reserves target, was part of the Board’s 2016, the MSRB rebated $5.5 million in to be paid by a dealer, except in limited continued efforts to properly calibrate the excess reserves to dealers that were circumstances, for inter-dealer sales and the reserves relative to the appropriate assessed underwriting, transaction and customer sales reported to the MSRB financial resources needed by the technology fees during the first nine pursuant to Rule G–14(b), on transaction organization to fulfill its statutory months of the fiscal year. Subsequently reporting requirements; mandate, support mission objectives, and to further the objective of 7. Technology fee (Rule A–13). $1.00 respond to regulatory requirements, appropriately and equitably assessing paid per transaction by a dealer for each avail itself of strategically important fees across all regulated activities, in inter-dealer sale and for each sale to initiatives in furtherance of the mission, 2018, the MSRB introduced a new fee customers reported to the MSRB enable the organization to be fiscally pursuant to Rule G–14(b); and on underwriters of 529 savings plans, as prepared regardless of economic 8. Examination fee (Rule A–16). $150 underwriters to 529 savings plans had conditions, provide the MSRB with the test development fee assessed per requisite level of liquidity to fund not previously paid a fee in this 8 candidate for each MSRB examination. operations and ensure the long-term capacity since the MSRB began Notably, while all regulated entities regulating those underwriters in 1999.7 financial sustainability of the contribute to the MSRB’s revenue base, organization. Current Fees the three fees that are the subject of the Following the Board’s determination proposed rule change (underwriting, The current fees assessed on regulated to reduce its reserves target and because transaction and technology fees) of a corresponding increase in the entities are: constitute approximately 79% of the 1. Municipal advisor professional fee excess reserves position, the Board then MSRB’s Fiscal Year 2019 budgeted (Rule A–11). $500 for each person determined to provide a second revenue. Those three fees are market associated with the municipal advisor temporary fee reduction of its three based, inherently unpredictable, and largest sources of revenue (i.e., who is qualified as a municipal advisor have historically exceeded the representative in accordance with Rule underwriting, transaction and respective conservative amounts that technology fees) which, as noted G–3 and for whom the municipal the MSRB has budgeted for them, advisor has on file with the SEC a Form previously, collectively constitute thereby directly contributing to the approximately 79% of the MSRB’s MA–I as of January 31 of each year; excess reserves position. Other fees 2. Initial registration fee (Rule A–12). assessed, described above, contribute to The increase also moves towards a more equitable $1,000 one-time registration fee to be the funding of the MSRB; however, they paid by each dealer to register with the balance of fees among regulated entities and, as a have not contributed to the excess result, a fairer allocation of the expenses of the MSRB before engaging in municipal reserves position. Over time, as the MSRB across regulated entities. The original $300 securities activities and by each MSRB has considered the reasonable per professional fee was established in 2014 as a reasonable initial starting amount for the fee. As municipal advisor to register with the fees and charges necessary or MSRB before engaging in municipal part of the MSRB’s holistic review of fees a year appropriate to defray the costs and later, the MSRB reconsidered the amount of this fee, advisory activities; expenses of operating and administering but determined not to increase it at that time in 3. Annual registration fee (Rule A– the Board, the Board has continually order to allow municipal advisors additional time to adapt to regulation. However, the MSRB noted 12). $1,000 annual fee to be paid by strived to have an equitable balance of each dealer and municipal advisor that it would revisit the amount of the fee in light fees among regulated entities.9 The fees of the substantial costs associated with developing registered with the MSRB; and maintaining a regulatory regime for municipal 4. Late fee (Rule A–11 and Rule A– 8 In addition, the MSRB charges data subscription advisors, which is what led to the current fee 12). $25 monthly late fee and a late fee service fees for subscribers, including dealers and increase filed today. The MSRB will continue to on the overdue balance (computed municipal advisors, seeking direct electronic review and evaluate its fees over time to ensure that fees are allocated fairly and equitably across all according to the prime rate) until paid delivery of municipal trade data and disclosure documents associated with municipal bond issues. regulated entities. However, this information is available without See also Release No. 34–81841 (Oct. 10, 2017), 82 6 As part of the 2015 holistic fee review, the direct electronic delivery on the MSRB’s EMMA FR 48135, 48138 (Oct. 16, 2017) (File No. SR– Board also determined that the technology fee, website without charge. MSRB–2017–07). originally dedicated solely to funding capitalized 9 The MSRB stated, in 2017, as part of the 10 In addition to the fees discussed above, the hardware and software, would be available for increase at that time of the municipal advisor MSRB also receives other revenue, including fine funding all MSRB operations. See Release No. 34– professional fee from $300 to $500 that the increase revenue, that contributes to the excess reserves 75751 (Aug. 24, 2015), 80 FR 52352 (Aug. 28, 2015) was moving toward a more equitable balance of fees position. Fine revenue became a new revenue (File No. SR–MSRB–2015–08). among regulated entities. See MSRB Regulatory source as first provided in 2010 under the Dodd- 7 See Release No. 34–81264 (Jul 31, 2017), 82 FR Notice 2017–20 (Sept. 29, 2017) in which the MSRB Frank Wall Street Reform and Consumer Protection 36472 (Aug. 4, 2017) (File No. SR–MSRB–2017–05). stated: Act. See 15 U.S.C. 78o–4(c)(9).

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Fiscal Year 2019 budgeted revenue and sustainability, while providing relief to project reserves to fall below the directly contributed to the excess regulated entities that have contributed targeted level.16 As a result, the MSRB reserves position.11 The Board’s to the excess reserves position. The believes that the temporary fee determination to implement a second temporary six-month fee reduction for reduction is preferable to an alternative fee reduction, which is the subject of the underwriting, transaction and approach, such as a permanent fee this proposed rule change, was a direct technology fees assessed on dealers reduction, as increased fees will likely result of the change in the reserves would continue these ongoing efforts. be required in the future to fund the target construct and the decrease in the In addition, the proposed rule change MSRB’s resource needs and achieve a target. The proposed rule change is would correct an inadvertent balanced budget. Therefore, it did not projected to result in approximately typographical error by amending Rule seem reasonable to propose a permanent $5.2 million of foregone revenue and A–13(h)(iii) to appropriately refer to the fee reduction, and then likely require an reduce the MSRB’s reserves, which the technology assessment. increase in fees thereafter to generate sufficient revenue to fund MSRB Board determined would be appropriate 2. Statutory Basis and consistent with its prudent fiscal operations. management. In total, the MSRB The MSRB believes that the proposed While the MSRB has progressively estimates that the combined temporary rule change is consistent with Section budgeted for municipal advisor fees to 13 fee reductions for the MSRB’s Fiscal 15B(b)(2)(J) of the Act which states defray a greater portion of the cost of the Year 2019 would reduce reserves by that the MSRB’s rules shall: MSRB’s municipal advisor-related $7.9 million.12 provide that each municipal securities activity, the MSRB continues to review broker, municipal securities dealer, and and evaluate fees over time to ensure Proposed Rule Change municipal advisor shall pay to the Board that fees are allocated fairly among Pursuant to Rule A–13, each dealer such reasonable fees and charges as may be regulated entities.17 As described under must pay to the Board underwriting, necessary or appropriate to defray the costs ‘‘Purpose’’ above, the MSRB has and expenses of operating and administering transaction and technology fees based determined to reduce fees on dealers the Board. Such rules shall specify the whose fees have contributed to the upon the rates specified in that rule. amount of such fees and charges, which may The proposed rule change would amend include charges for failure to submit to the preponderance of the MSRB’s revenues section (h) which sets forth revised Board, or to any information system operated and current reserves position. The temporary assessment rates for these by the Board, within the prescribed MSRB’s first Fiscal Year 2019 temporary three types of assessments, generally timeframes, any items of information or fee reduction was based on the same reducing by one-third the fees for documents required to be submitted under rationale.18 any rule issued by the Board. assessible activity that occurs from B. Self-Regulatory Organization’s April 1, 2019 through September 30, In general, the MSRB believes that its Statement on Burden on Competition rules provide for reasonable dues, fees, 2019. Amended Rule A–13(h)(i) would 19 provide that the underwriting and other charges among regulated Section 15B(b)(2)(C) of the Act assessment for certain primary offerings entities. The MSRB believes that the requires that MSRB rules not be for this time period would be .00185% proposed rule change is necessary and designed to impose any burden on of the par value ($0.0185 per $1,000), a appropriate to fund the operation and competition not necessary or appropriate in furtherance of the reduction from .00275% of the par value administration of the Board and satisfies purposes of the Act. ($.0275 per $1,000). Amended Rule A– the requirements of Section 15B(b)(2)(J),14 achieving a more The Board’s policy on the use of 13(h)(ii) would provide that the economic analysis limits its application transaction assessment would be equitable balance of fees among regulated entities and a fairer allocation regarding those rules for which the .00067% of the par value ($0.0067 per Board seeks immediate effectiveness.20 of the expenses of the regulatory $1,000), a reduction from .001% ($.01 However, an internal analysis is still activities, system development and per $1,000). Finally, amended Rule A– conducted to gauge the economic operational activities undertaken by the 13(h)(iii) would provide that the impact, with an emphasis on the burden MSRB because the proposed rule change technology assessment would be $0.67 on competition involving regulated would temporarily decrease fees for the per transaction (a reduction from $1.00 entities. per transaction). Rates of assessment regulated entities that financially In this regard, the Board believes the would revert to current levels, effective contributed to the excess reserves proposed rule change is necessary and October 1, 2019, on assessible activity position. The MSRB manages reserves balances occurring on and after that date. 16 See supra note 12. Importantly, the temporarily reduced relative to a Board-approved target, and 17 See supra note 9. rates would be for assessible activity the Board recently revised the target 18 See supra note 3. that occurs during this six-month construct which resulted in lowering of 19 15 U.S.C. 78o–4(b)(2)(C). period. Dealers are typically billed for the target. As a result, following the first 20 The scope of the Board’s policy on the use of these fees after the relevant month end. Fiscal Year 2019 temporary fee economic analysis in rulemaking provides that: 15 [t]his Policy addresses rulemaking activities of Specifically, the underwriting fee is reduction, the Board determined that, the MSRB that culminate, or are expected to billed immediately after the respective given the impact of the newly lowered culminate, in a filing of a proposed rule change month end, while the transaction and target, a second temporary fee reduction with the SEC under Section 19(b) of the Exchange was necessary and appropriate to Act, other than a proposed rule change that the technology fees are billed thirty days in MSRB reasonably believes would qualify for arrears. manage reserves balances. However, immediate effectiveness under Section 19(b)(3)(A) The Board seeks to strike the right looking forward to future years (and of the Exchange Act if filed as such or as otherwise balance in fee assessments to maintain after the six-month temporary fee provided under the exception process of this Policy. sufficient reserves to ensure fiscal reduction), the MSRB’s pro formas Policy on the Use of Economic Analysis in MSRB Rulemaking, available at http://msrb.org/Rules-and- Interpretations/Economic-Analysis-Policy.aspx. For 13 11 See discussion under ‘‘Current Fees,’’ above. 15 U.S.C. 78o–4(b)(2)(J). those rule changes which the MSRB seeks 12 See MSRB Executive Budget Summary for the 14 Id. immediate effectiveness, the MSRB usually focuses Fiscal Year Beginning on October 1, 2018 for a 15 See Release No. 34–83713 (Jul. 26, 2018), 83 FR exclusively its examination on the burden of discussion of the MSRB’s reserves. 37538 (Aug. 1, 2018) (File No. SR–MSRB–2018–06). competition on regulated entities.

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appropriate to promote fairness in including whether the proposed rule SECURITIES AND EXCHANGE funding the operation and change is consistent with the Act. COMMISSION administration of the Board and would Comments may be submitted by any of [Release No. 34–85396; File No. SR–ISE– achieve a more equitable balance among the following methods: 2019–07] regulated entities and a more balanced Electronic Comments allocation of the expenses of the Self-Regulatory Organizations; Nasdaq regulatory activities, systems • Use the Commission’s internet ISE, LLC; Notice of Filing and development, and operational activities comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed undertaken by the MSRB. Because the rules/sro.shtml); or Rule Change To Amend the Market three fees that are the subject of the • Send an email to rule-comments@ Maker Plus Program proposed rule change (underwriting, sec.gov. Please include File Number SR– transaction and technology fees) are the MSRB–2019–06 on the subject line. March 22, 2019. primary drivers for the MSRB’s reserves, Pursuant to Section 19(b)(1) of the the Board believes that it is appropriate Paper Comments Securities Exchange Act of 1934 1 2 to temporarily reduce these fees for the • Send paper comments in triplicate (‘‘Act’’), and Rule 19b–4 thereunder, notice is hereby given that on March 11, designated period. to Secretary, Securities and Exchange 2019, Nasdaq ISE, LLC (‘‘ISE’’ or The MSRB does not believe that the Commission, 100 F Street NE, ‘‘Exchange’’) filed with the Securities proposed rule change would result in Washington, DC 20549. any burden on competition that is not and Exchange Commission necessary or appropriate in furtherance All submissions should refer to File (‘‘Commission’’) the proposed rule of the purposes of the Act, as it would Number SR–MSRB–2019–06. This file change as described in Items I and II temporarily decrease the underwriting, number should be included on the below, which Items have been prepared transaction and technology fees by the subject line if email is used. To help the by the Exchange. The Commission is same percentage for all dealers subject Commission process and review your publishing this notice to solicit to these fees. comments more efficiently, please use comments on the proposed rule change The MSRB believes that the proposed only one method. The Commission will from interested persons. post all comments on the Commission’s rule change would not impose an I. Self-Regulatory Organization’s unnecessary or inappropriate regulatory internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the Statement of the Terms of Substance of burden on small regulated entities, as the Proposed Rule Change smaller dealers would benefit from the submission, all subsequent The Exchange proposes to amend the temporary fee reduction in the same amendments, all written statements Market Maker Plus program under proportion as larger dealers in relation with respect to the proposed rule change that are filed with the Options 7, Section 3. to the assessible activity during the The text of the proposed rule change relevant period. Commission, and all written communications relating to the is available on the Exchange’s website at C. Self-Regulatory Organization’s proposed rule change between the http://ise.cchwallstreet.com/, at the Statement on Comments on the Commission and any person, other than principal office of the Exchange, and at Proposed Rule Change Received From those that may be withheld from the the Commission’s Public Reference Members, Participants, or Others public in accordance with the Room. The Board did not solicit comment on provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s the proposed rule change. Therefore, available for website viewing and Statement of the Purpose of, and there are no comments on the proposed printing in the Commission’s Public Statutory Basis for, the Proposed Rule rule change received from members, Reference Room, 100 F Street NE, Change participants or others. Washington, DC 20549 on official business days between the hours of In its filing with the Commission, the III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of the Exchange included statements Proposed Rule Change and Timing for filing also will be available for concerning the purpose of and basis for Commission Action inspection and copying at the principal the proposed rule change and discussed The foregoing proposed rule change office of the MSRB. All comments any comments it received on the has become effective pursuant to received will be posted without change. proposed rule change. The text of these statements may be examined at the Section 19(b)(3)(A)(ii) of the Act 21 and Persons submitting comments are places specified in Item IV below. The Rule 19b–4(f)(2) 22 thereunder. At any cautioned that we do not redact or edit Exchange has prepared summaries, set time within 60 days of the filing of the personal identifying information from forth in sections A, B, and C below, of proposed rule change, the Commission comment submissions. You should the most significant aspects of such summarily may temporarily suspend submit only information that you wish statements. such rule change if it appears to the to make available publicly. All Commission that such action is submissions should refer to File A. Self-Regulatory Organization’s necessary or appropriate in the public Number SR–MSRB–2019–06 and should Statement of the Purpose of, and interest, for the protection of investors, be submitted on or before April 18, Statutory Basis for, the Proposed Rule or otherwise in furtherance of the 2019. Change purposes of the Act. For the Commission, pursuant to delegated 1. Purpose authority.23 IV. Solicitation of Comments The purpose of the proposed rule Eduardo A. Aleman, Interested persons are invited to change is to amend the Exchange’s submit written data, views, and Deputy Secretary. Market Maker Plus program, as arguments concerning the foregoing, [FR Doc. 2019–05924 Filed 3–27–19; 8:45 am] described in detail below. BILLING CODE 8011–01–P 21 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 22 17 CFR 240.19b–4(f)(2). 23 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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As set forth in Section 3 of the Pricing between $0.03 and $3.00 (for options $0.11 per contract; 6 provided that Schedule, the Exchange operates a whose underlying stock’s previous Market Makers that qualify for Market Market Maker Plus program for regular trading day’s last sale price was less Maker Plus will not pay this fee if they orders in Select Symbols 3 where Market than or equal to $100) and between meet the applicable tier thresholds set Makers 4 that contribute to market $0.10 and $3.00 (for options whose forth in the table below, and will quality by maintaining tight markets are underlying stock’s previous trading instead receive the below maker rebates eligible for enhanced rebates. Market day’s last sale price was greater than based on the applicable tier for which Makers are evaluated each trading day $100) in premium. If a Market Maker they qualify.7 for the percentage of time spent on the would qualify for a different Market National Best Bid or National Best Offer Maker Plus tier in each of the two SELECT SYMBOLS OTHER THAN SPY, (‘‘NBBO’’) for qualifying series that successive periods described above, QQQ, AND IWM expire in two successive thirty calendar then the lower of the two Market Maker day periods beginning on that trading Plus tier rebates shall apply to all Market Maker Plus tier Maker rebate day. A Market Maker Plus is a Market contracts.5 These general qualification (specified percentage) Maker who is on the NBBO a specified requirements will remain unchanged percentage of the time on average for the with the amendments to the applicable Tier 1 (80% to less than month based on daily performance in Market Maker Plus rebates described in 85%) ...... ($0.15) the qualifying series for each of the two Tier 2 (85% to less than this proposed rule change. 95%) ...... (0.18) successive periods described above. Market Maker orders in Select Tier 3 (95% or greater) ...... (0.22) Qualifying series are series trading Symbols are charged a maker fee of

SPY, QQQ, AND IWM

Market Maker Plus tier Regular Maker Linked Maker (specified percentage) rebate rebate 8

Tier 1 (70% to less than 80%) ...... ($0.00) N/A Tier 2 (80% to less than 85%) ...... (0.18) (0.15) Tier 3 (85% to less than 90%) ...... (0.22) (0.19) Tier 4 (90% or greater) ...... (0.26) (0.23)

The Exchange now proposes to achieves the tier (i.e., proposed Tiers 1– Market Maker Plus tier Maker rebate introduce a separate rebate program for (specified percentage) 3) for any badge/suffix combination in Market Makers that achieve Market the other two symbols. Once the Maker Plus in options overlying Tier 3 (95% or greater) ...... (0.22) applicable tier—any of proposed Tiers symbols AMZN, FB, or NVDA in order 1, 2 or 3—is achieved for two out of the to promote and encourage liquidity in The proposed rebates for AMZN, FB, three symbols AMZN, FB, or NVDA, the and NVDA are the same as the rebates those particular Select Symbols.9 Market Maker will be eligible for a currently provided for Select Symbols Specifically, Market Makers that achieve maker rebate in the third symbol, which (other than SPY, QQQ, and IWM), Market Maker Plus Tiers 1–3 as will be provided in addition to the except that the proposal lowers the maker rebate for the applicable tier proposed below for executions in minimum qualification in Tier 1 from achieved in the other two symbols. If a AMZN, FB, or NVDA will receive the 80% to 70% for AMZN, FB, and NVDA. Market Maker would qualify for following maker rebates: In addition, the Exchange proposes to different Market Maker Plus Tiers 1–3 in ‘‘link’’ the benefits associated with the the two symbols, then the lower of the Market Maker Plus tier (specified percentage) Maker rebate Market Maker’s performance in AMZN, two maker rebates will be applied to the FB, and NVDA such that the proposed third symbol. Thus, for example, if a Tier 1 (70% to less than Tiers 1–3 maker rebates will apply to Market Maker achieves Tier 1 in AMZN 85%) ...... ($0.15) executions in AMZN, FB, or NVDA if and Tier 2 in FB, the Market Maker Tier 2 (85% to less than the Market Maker does not achieve the would receive the Tier 1 maker rebate 95%) ...... (0.18) applicable tier in that symbol, but in NVDA ($0.15 per contract), Tier 1

3 ‘‘Select Symbols’’ are options overlying all 6 This fee also applies to Market Maker orders rebate in a linked symbol in addition to the regular symbols listed on the Nasdaq ISE that are in the sent to the Exchange by Electronic Access Members. maker rebate for the applicable tier. The linked Penny Pilot Program. 7 A $0.15 per contract fee applies instead of the maker rebate applies to executions in SPY, QQQ, 4 The term ‘‘Market Makers’’ refers to applicable fee or rebate when trading against and IWM if the Market Maker does not achieve the ‘‘Competitive Market Makers’’ and ‘‘Primary Market Priority Customer complex orders that leg into the applicable tier in that symbol but achieves the tier Makers’’ collectively. See ISE Rule 100(a)(32). regular order book. There will be no fee charged or (i.e., any of the Market Maker Plus Tiers 2–4) for 5 Market Makers may enter quotes in a symbol rebate provided when trading against non-Priority any badge/suffix combination in the other linked using one or more unique, exchange assigned Customer complex orders that leg into the regular symbol, in which case the higher tier achieved order book. identifiers—i.e., badge/suffix combinations. Market applies to both symbols. If a Market Maker would 8 Maker Plus status is calculated independently To encourage Market Makers to maintain quality qualify for a linked maker rebate in SPY based on based on quotes entered in a symbol for each of the markets in SPY, QQQ, and IWM in particular, the tier achieved in QQQ and the tier achieved in Market Maker’s badge/suffix combinations, and the members that maintain tight markets in those IWM, then the higher of the two linked maker highest tier achieved for any badge/suffix symbols are eligible for higher regular maker rebates combination quoting that symbol applies to and may also be eligible for linked maker rebates, rebates will be applied to SPY. The regular maker executions across all badge/suffix combinations that as shown in the table above. Specifically, the rebate will be provided in the symbol that qualifies the member uses to trade in that symbol. A Market following symbols are linked for purposes of the the Market Maker for the higher tier based on Maker’s worst quoting day each month for each of linked maker rebate: (1) SPY and QQQ, and (2) SPY percentage of time at the NBBO. the two successive periods described above, on a and IWM. Market Makers that qualify for Market 9 Qualifying Market Makers will continue to per symbol basis, will be excluded in calculating Maker Plus Tiers 2–4 above for executions in SPY, receive the maker rebates described above in whether a Market Maker qualifies for this rebate. QQQ, and IWM may be eligible for a linked maker products other than AMZN, FB, and NVDA.

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maker rebate in AMZN ($0.15 per the NBBO of at least 70% of the time proposed changes to Market Maker Plus contract), and Tier 2 maker rebate in FB pursuant to proposed Tier 1. to introduce a separate rebate program ($0.18 per contract). The Exchange notes In addition, the proposal links the for AMZN, FB, and NVDA are designed that this rebate will be provided in the benefits associated with the Market to increase competition by encouraging third symbol regardless of time at the Maker’s performance in AMZN, FB, and Market Makers to provide liquidity and NBBO (i.e., there is no minimum tier NVDA so that the Market Maker would maintain tight markets in these high threshold to be met in the third symbol be able to receive a maker rebate in any volume symbols on ISE. The Exchange for the ‘‘linked’’ maker rebate). As such, of those symbols by meeting the operates in a highly competitive market if all three symbols separately achieve requirements of Market Maker Plus in which market participants can any of Market Maker Plus Tiers 1–3, the Tiers 1–3 in the other two, as further readily direct their order flow to symbol that achieves the tier with the described above. Accordingly, the competing venues if they deem fee lowest maker rebate will instead receive Exchange believes that Market Makers levels at a particular venue to be the same maker rebate as the symbol would be incentivized by the ability to excessive, or rebate opportunities that achieved the next lowest tier. For earn this linked rebate, in addition to available at other venues to be more example, if a Market Maker achieves the applicable tiered rebates provided in favorable. In such an environment, the Tier 1 in AMZN, Tier 2 in FB, and Tier the other two symbols, to maintain Exchange must continually adjust its 3 in NVDA, the Market Maker would quality markets in those three symbols fees to remain competitive. For the receive the $0.18 per contract ‘‘linked’’ on ISE. reasons described above, the Exchange Tier 2 maker rebate in AMZN based on The Market Maker Plus program is believes that the proposed fee changes their FB performance, the $0.18 per designed to attract liquidity from Market reflect this competitive environment. contract Tier 2 maker rebate in FB, and Makers and provide incentives for those the $0.22 per contract Tier 3 maker Market Makers to maintain tight C. Self-Regulatory Organization’s rebate in NVDA. markets, measured by time spent Statement on Comments on the Because the Exchange is introducing quoting at the NBBO. For the reasons Proposed Rule Change Received From a separate rebate program for AMZN, discussed above, the Exchange believes Members, Participants, or Others FB, and NVDA, the associated rebate that the proposed rule change has the No written comments were either table heading for Select Symbols other potential to further benefit market solicited or received. than SPY, QQQ, and IWM will be quality by encouraging Market Makers expanded to include AMZN, FB, and to maintain tight markets in AMZN, FB, III. Date of Effectiveness of the NVDA under this proposal. and NVDA, which are highly active Proposed Rule Change and Timing for symbols within the industry, thereby Commission Action 2. Statutory Basis creating a more active and liquid market The foregoing rule change has become The Exchange believes that its for options traded on the Exchange. effective pursuant to Section proposal is consistent with Section 6(b) Furthermore, the Exchange believes that 19(b)(3)(A)(ii) of the Act,12 and Rule of the Act,10 in general, and furthers the these three symbols have significant 19b–4(f)(2) 13 thereunder. At any time objectives of Sections 6(b)(4) and 6(b)(5) interest amongst retail options investors, within 60 days of the filing of the of the Act,11 in particular, in that it as the underlying stocks themselves are provides for the equitable allocation of high-priced with each currently priced proposed rule change, the Commission reasonable dues, fees, and other charges above $150 per share. The proposed summarily may temporarily suspend among members and issuers and other pricing incentive for Market Makers is such rule change if it appears to the persons using any facility, and is not therefore meant to encourage more Commission that such action is: (i) designed to permit unfair trading activity on the Exchange Necessary or appropriate in the public discrimination between customers, amongst all market participant types by interest; (ii) for the protection of issuers, brokers, or dealers. encouraging Market Makers to maintain investors; or (iii) otherwise in The Exchange believes that it is tight markets in these symbols. furtherance of the purposes of the Act. reasonable and equitable to offer special The Exchange also believes that the If the Commission takes such action, the rebates for Market Makers that achieve proposed changes are not unfairly Commission shall institute proceedings Market Maker Plus in AMZN, FB or discriminatory as all Market Makers can to determine whether the proposed rule NVDA. As proposed, Market Makers qualify for the same rebates based on should be approved or disapproved. would receive the same tiered rebates in achieving the appropriate tier of Market IV. Solicitation of Comments those three symbols as the tiered rebates Maker Plus in AMZN, FB, and NVDA. provided in Select Symbols other than Furthermore, the Exchange continues to Interested persons are invited to SPY, QQQ, and IWM (i.e., $0.15, $0.18, believe that it is not unfairly submit written data, views, and and $0.22 per contract). Furthermore, discriminatory to offer these rebates arguments concerning the foregoing, the proposal lowers the minimum only to Market Makers because Market including whether the proposed rule qualification in Tier 1 for percentage of Makers, and in particular, those Market change is consistent with the Act. time spent quoting at the NBBO to 70% Makers that achieve Market Maker Plus Comments may be submitted by any of less than 85% for AMZN, FB, and status, are subject to additional the following methods: NVDA (as opposed to 80% to less than requirements and obligations (such as Electronic Comments 85% for Select Symbols other than SPY, quoting requirements) that other market • QQQ, and IWM). The proposed rule participants are not. Use the Commission’s internet change will therefore allow Market comment form (http://www.sec.gov/ B. Self-Regulatory Organization’s Makers that would not qualify for rules/sro.shtml); or Statement on Burden on Competition Market Maker Plus in AMZN, FB, or • Send an email to rule-comments@ NVDA today to qualify for the $0.15 per The Exchange does not believe that sec.gov. Please include File Number SR– contract maker rebate based on a time at the proposed rule change will impose ISE–2019–07 on the subject line. any burden on competition not 10 15 U.S.C. 78f(b). necessary or appropriate in furtherance 12 15 U.S.C. 78s(b)(3)(A)(ii). 11 15 U.S.C. 78f(b)(4) and (5). of the purposes of the Act. The 13 17 CFR 240.19b–4(f)(2).

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Paper Comments SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Send paper comments in triplicate Statutory Basis for, the Proposed Rule to Secretary, Securities and Exchange Change Commission, 100 F Street NE, [Release No. 34–85397; File No. SR– PEARL–2019–04] In its filing with the Commission, the Washington, DC 20549–1090. Exchange included statements All submissions should refer to File Self-Regulatory Organizations; MIAX concerning the purpose of and basis for Number SR–ISE–2019–07. This file PEARL, LLC; Notice of Filing and the proposed rule change and discussed number should be included on the Immediate Effectiveness of a Proposed any comments it received on the subject line if email is used. To help the Rule Change To Amend Exchange proposed rule change. The text of these Commission process and review your Rule 507, Must Give Up Clearing statements may be examined at the comments more efficiently, please use Member, and Rule 513, Submission of places specified in Item IV below. The only one method. The Commission will Orders and Clearance of Transactions Exchange has prepared summaries, set post all comments on the Commission’s forth in sections A, B, and C below, of March 22, 2019. internet website (http://www.sec.gov/ the most significant aspects of such rules/sro.shtml). Copies of the Pursuant to the provisions of Section statements. submission, all subsequent 19(b)(1) of the Securities Exchange Act A. Self-Regulatory Organization’s amendments, all written statements of 1934 (‘‘Act’’) 1 and Rule 19b–4 Statement of the Purpose of, and with respect to the proposed rule thereunder,2 notice is hereby given that Statutory Basis for, the Proposed Rule change that are filed with the on March 11, 2019, MIAX PEARL, LLC Change (‘‘MIAX PEARL’’ or the ‘‘Exchange’’) Commission, and all written 1. Purpose communications relating to the filed with the Securities and Exchange proposed rule change between the Commission (‘‘Commission’’) a The Exchange proposes to amend its Commission and any person, other than proposed rule change as described in requirements in MIAX PEARL Rule 507 those that may be withheld from the Items I and II below, which Items have and Rule 513, related to the give up of public in accordance with the been prepared by the Exchange. The a Clearing Member by a Member on Exchange transactions. By way of provisions of 5 U.S.C. 552, will be Commission is publishing this notice to background, to enter transactions on the available for website viewing and solicit comments on the proposed rule change from interested persons. Exchange, a Member must either be a printing in the Commission’s Public Clearing Member or must have a Reference Room, 100 F Street NE, I. Self-Regulatory Organization’s Clearing Member agree to accept Washington, DC 20549, on official Statement of the Terms of Substance of financial responsibility for all of its business days between the hours of the Proposed Rule Change transactions. Additionally, Rule 507 10:00 a.m. and 3:00 p.m. Copies of the currently provides that when a Member filing also will be available for The Exchange is filing a proposal to executes a transaction on the Exchange, inspection and copying at the principal amend Rule 507, Must Give Up Clearing it must give up the name of a Clearing office of the Exchange. All comments Member, and Rule 513, Submission of Member (the ‘‘Give Up’’) through which received will be posted without change. Orders and Clearance of Transactions, the transaction will be cleared (i.e., Persons submitting comments are in order to codify the requirement that ‘‘give up’’). The Exchange believes that cautioned that we do not redact or edit for each transaction in which a this proposal would result in the fair personal identifying information from Member 3 participates, the Member may and reasonable use of resources by both comment submissions. You should indicate the name of any Clearing the Exchange and the Member. In 4 submit only information that you wish Member through which the transaction addition, the proposed change would to make available publicly. All will be cleared (‘‘Give Up’’), and to align the Exchange with competing submissions should refer to File establish a new ‘‘Opt In’’ process by options exchanges that have proposed Number SR–ISE–2019–07 and should be which a Clearing Member can restrict rules consistent with this proposal.5 submitted on or before April 18, 2019. one or more of its OCC numbers and Recently, certain Clearing Members, thereafter designate certain Members as in conjunction with the Securities For the Commission, by the Division of authorized to Give Up a restricted Industry and Financial Markets Trading and Markets, pursuant to delegated clearing number. Association (‘‘SIFMA’’), expressed authority.14 The text of the proposed rule change concerns related to the process by Eduardo A. Aleman, is available on the Exchange’s website at which executing brokers on U.S. options Deputy Secretary. http://www.miaxoptions.com/rule- [FR Doc. 2019–05922 Filed 3–27–19; 8:45 am] filings/pearl at MIAX PEARL’s principal 5 See Securities Exchange Act Release No. 84624 (November 19, 2018), 83 FR 60547 (November 26, BILLING CODE 8011–01–P office, and at the Commission’s Public 2018) (SR–Phlx–2018–72) (Notice of Filing of Reference Room. Proposed Rule Change to Establish Rules Governing the Give Up of a Clearing Member by a Member Organization on Exchange Transactions). See also 1 15 U.S.C. 78s(b)(1). Securities Exchange Act Release No. 84981 (January 2 17 CFR 240.19b–4. 9, 2019), 84 FR 837 (January 31, 2019) (SR–Phlx– 3 The term ‘‘Member’’ means an individual or 2018–72) (Notice of Designation of a Longer Period organization approved to exercise the trading rights for Commission Action on a Proposed Rule Change associated with a Trading Permit. Members are To Establish Rules Governing the Give Up of a deemed ‘‘members’’ under the Exchange Act. See Clearing Member by a Member Organization on Exchange Rule 100. Exchange Transactions). See also Securities 4 The term ‘‘Clearing Member’’ means a Member Exchange Act Release No. 85136 (February 14, that has been admitted to membership in the 2019) (SR–Phlx–2018–72)(Order Approving a Clearing Corporation pursuant to the provisions of Proposed Rule Change to Establish Rules Governing the rules of the Clearing Corporation. See Exchange the Give Up of a Clearing Member by a Member 14 17 CFR 200.30–3(a)(12). Rule 100. Organization on Exchange Transactions).

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exchanges (‘‘Exchanges’’) are allowed to Member may Opt In by sending a the Restricted OCC Number intra-day designate or ‘give up’ a clearing firm for completed ‘‘Clearing Member only in unusual circumstances, and on the purposes of clearing particular Restriction Form’’ listing all Restricted the next business day in all regular transactions. The SIFMA-affiliated OCC Numbers and Authorized circumstances. The Exchange will Clearing Members have recently Members.8 A copy of the proposed form promptly notify the Member if they are identified the current give up process as is attached in Exhibit 3. A Clearing no longer authorized to Give Up a a significant source of risk for clearing Member may elect to restrict one or Clearing Member’s Restricted OCC firms, and subsequently requested that more OCC clearing numbers that are Number. If a Clearing Member removes the Exchanges alleviate this risk by registered in its name at OCC. The a Restricted OCC Number, any Member amending Exchange rules governing the Clearing Member would be required to may Give Up that OCC clearing number give up process.6 submit the Clearing Member Restriction once the removal has become effective Form to the Exchange’s Membership Proposed Rule Change on or before the next business day. Department as described on the form. Proposed Rule 507(c) will provide Based on the above, the Exchange Once submitted, the Exchange requires that the System will not allow an now seeks to amend its rules regarding ninety days before a Restricted OCC unauthorized Member to Give Up a the current give up process in order to Number is effective within the System. Restricted OCC Number. Specifically, allow a Clearing Member to opt in, at This time period is to provide adequate the System will not allow an The Options Clearing Corporation time for the Member users of that unauthorized Give Up with a Restricted (‘‘OCC’’) clearing number level, to a Restricted OCC Number who are not OCC Number to be submitted at the firm feature that, if enabled by the Clearing initially specified by the Clearing mnemonic level at the point of order Member, will allow the Clearing Member as Authorized Members to entry.10 Member to specify which Members are obtain the required written authorized to give up that OCC clearing Furthermore, the Exchange proposes authorization from the Clearing Member to adopt paragraph (d) to Rule 507 to number. As proposed, Rule 507 will be for that Restricted OCC Number. Such amended to provide that for each provide, as is the case today, that a Member users would still be able to clearing arrangement subject to a Letter transaction in which a Member Give Up that Restricted OCC Number participates, the Member may indicate of Guarantee would immediately permit during the ninety day period (i.e., until the Give Up of a Restricted OCC the name of any Clearing Member the number becomes restricted within through which the transaction will be Number by the Member that is party to the System). the arrangement. Since there is an OCC cleared (‘‘Give Up’’), provided the Proposed Rule 507(b)(2) will set forth clearing arrangement already Clearing Member has not elected to the process for Members to Give Up a established in this case, no further ‘‘Opt In’’, as defined in paragraph (b) of Clearing Member’s Restricted OCC action is needed on the part of the the proposed Rule, and restricted one or Number. Specifically, a Member Clearing Member or the Member. more of its OCC number(s) (‘‘Restricted desiring to Give Up a Restricted OCC OCC Number’’).7 A Member may Give Number must become an Authorized The Exchange also proposes to adopt Up a Restricted OCC Number provided Member.9 The Clearing Member will be paragraph (e) to Rule 507 to provide that the Member has written authorization as required to authorize a Member as an intentional misuse of this Rule is described in paragraph (b)(2) described in subparagraph (1) or (3) of impermissible, and may be treated as a (‘‘Authorized Member’’). Rule 507(b) (i.e., through an Clearing violation of Rule 301, titled ‘‘Just and Proposed Rule 507(b) provides that Member Restriction Form), unless the Equitable Principles of Trade.’’ This Clearing Members may request the Restricted OCC Number is already language will make clear that the Exchange restrict one or more of their subject to a Letter of Guarantee that the Exchange will regulate an intentional OCC clearing numbers (‘‘Opt In’’) as Member is a party to, as set forth in Rule misuse of this Rule (e.g., sending orders described in subparagraph (b)(1) of Rule 507(d). to a Clearing Member’s OCC account 507. If a Clearing Member Opts In, the Pursuant to proposed Rule 507(b)(3), without the Clearing Member’s consent), Exchange will require written a Clearing Member may amend the list and such behavior would be a violation authorization from the Clearing Member of its Authorized Members or Restricted of Exchange rules. permitting a Member to Give Up a OCC Numbers by submitting a new Furthermore, the Exchange proposes Clearing Member’s Restricted OCC Clearing Member Restriction Form to to adopt paragraph (f) to Rule 507 to Number. An Opt In would remain in the Exchange’s Membership Department codify that notwithstanding anything to effect until the Clearing Member indicating the amendment as described the contrary in the proposed rule, if a terminates the Opt In as described in on the form. Once a Restricted OCC Clearing Member that a Member has subparagraph (3). If a Clearing Member Number is effective within the System indicated as the Give Up rejects a trade, does not Opt In, that Clearing Member’s pursuant to Rule 507(b)(1), the the Clearing Member that has issued a OCC number may be subject to Give Up Exchange may permit the Clearing Letter of Guarantee pursuant to Rule by any Member. Member to authorize, or remove from 209, for such executing Member, shall Proposed Rule 507(b)(1) will set forth authorization for, a Member to Give Up be responsible for the clearance of the the process by which a Clearing Member subject trade. may Opt In. Specifically, a Clearing 8 This form will be available on the Exchange’s website. The Exchange will also maintain, on its 10 Specifically, the System will block the entry of 6 See id. website, a list of the Restricted OCC Numbers, the order from the outset. This is because a valid 7 Today, electronic trades need a valid mnemonic, which will be updated on a regular basis, and the mnemonic will be required for any order to be which is only set up if there is a clearing Clearing Member’s contact information to assist submitted directly to the System, and a mnemonic arrangement already in place through a Letter of Members (to the extent they are not already will only be set up for a Member if there is already Guarantee. As such, electronic trades automatically Authorized Members) with requesting authorization a clearing arrangement in place for that firm either clear through the guarantor associated with the for a Restricted OCC Number. The Exchange may through a Letter of Guarantee (as is the case today) mnemonic at the time of the trade, so a Member utilize additional means to inform its Members of or in the case of a Restricted OCC Number, the may only amend its Give Up post-trade. As such updates on a periodic basis. Member becoming an Authorized Member. The proposed, the Exchange will also restrict the post- 9 The Exchange will develop procedures for System will also restrict any post-trade allocation trade allocation portion of an electronic trade notifying Members that they are authorized or changes if the Member is not authorized to use a systematically. See note 10 below. unauthorized by Clearing Members. Restricted OCC Number.

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Finally, the Exchange proposes to Exchange also believes that its proposed Clearing Member through which the amend Rule 513, which addresses the Clearing Member Restriction Form transaction will be cleared, provided the financial responsibility of Exchange allows the Exchange to receive in a Clearing Member has not elected to Opt options transactions clearing through uniform fashion, written and In. Clearing Members, to clarify that this transparent authorization from Clearing Rule will apply to all Clearing Members, Members, which ensures seamless B. Self-Regulatory Organization’s regardless of whether or not they elect administration of the Rule. Statement on Burden on Competition to Opt In, pursuant to proposed Rule The Exchange believes that the The Exchange does not believe that 507. Specifically, the Exchange proposed Opt In process strikes the right the proposed rule change will impose proposes to add that Rule 513 will apply balance between the various views and any burden on competition that is not to all Clearing Members who either (i) interests across the industry. For have Restricted OCC Numbers with example, although the proposed rule necessary or appropriate in furtherance Authorized Members pursuant to Rule would require Members (other than of the purposes of the Act. The 507, or (ii) have non-Restricted OCC Authorized Members) to seek Exchange does not believe that the Numbers. authorization from Clearing Members in proposed rule change will impose an unnecessary burden on intra-market 2. Statutory Basis order to have the ability to give them up, each Member will still have the competition because it will apply MIAX PEARL believes that its ability to Give Up a Restricted OCC equally to all similarly situated proposed rule change is consistent with Number that is subject to a Letter of Members. The Exchange also notes that, 11 Section 6(b) of the Act in general, and Guarantee without obtaining any further should the proposed changes make furthers the objectives of Section 6(b)(5) authorization if that Member is party to MIAX PEARL more attractive for 12 of the Act in particular, in that it is that arrangement. The Exchange also trading, market participants trading on designed to prevent fraudulent and notes that to the extent that the other exchanges can always elect to manipulative acts and practices, to executing Member has a clearing become Members on MIAX PEARL to promote just and equitable principles of arrangement with a Clearing Member take advantage of the trading trade, to foster cooperation and (i.e., through a Letter of Guarantee), a opportunities. coordination with persons engaged in trade can be assigned to the executing Furthermore, the proposed rule facilitating transactions in securities, to Members guarantor.13 Accordingly, the change does not address any remove impediments to and perfect the Exchange believes that the proposed mechanisms of a free and open market competitive issues and ultimately, the rule change is reasonable and continues and a national market system and, in to provide certainty that a Clearing target of the Exchange’s proposal is to general, to protect investors and the Member would be responsible for a reduce risk for Clearing Members under public interest. trade, which protects investors and the the current give up model. Clearing Particularly, as discussed above, firms make financial decisions based on several clearing firms affiliated with public interest. Additionally, the Exchange believes that adopting risk and reward, and while it is SIFMA have recently expressed generally in their beneficial interest to concerns relating to the current give up paragraph (e) of Rule 507 will make clear that an intentional misuse of this clear transactions for market process, which permits Members to participants in order to generate profit, identify any Clearing Member as a Rule (e.g., sending orders to a Clearing it is the Exchange’s understanding from designated give up for purposes of Member’s OCC account without the SIFMA and clearing firms that the clearing particular transactions, and Clearing Member’s consent) will be a current process can create significant have identified the current give up violation of the Exchange’s rules, and process (i.e., a process that lacks that such behavior would subject a risk when the clearing firm can be given authorization) as a significant source of Member to disciplinary action. For these up on any market participant’s risk for clearing firms. reasons, the Exchange believes that its transaction, even where there is no prior The Exchange believes that the proposed changes to Rule 507 and Rule customer relationship or authorization proposed changes to Rule 507 help 513, is consistent with Section 6(b) of for that designated transaction. the Act in general, and furthers the alleviate this risk by enabling Clearing In the absence of a mechanism that objectives of Section 6(b)(5) of the Act Members to ‘Opt In’ to restrict one or governs a market participant’s use of a more of its OCC clearing numbers (i.e., in particular, in that it is designed to prevent fraudulent and manipulative Clearing Member’s services, the Restricted OCC Numbers), and to Exchange’s proposal may indirectly specify which Authorized Member may acts and practices, to promote just and equitable principles of trade, to foster facilitate the ability of a Clearing Give Up those Restricted OCC Numbers. Member to manage their existing As described above, all other Members cooperation and coordination with persons engaged in facilitating relationships while continuing to allow would be required to receive written market participant choice in broker authorization from the Clearing Member transactions in securities, to remove execution services. While Clearing before they can Give Up that Clearing impediments to and perfect the Members may compete with executing Member’s Restricted OCC Number. The mechanisms of a free and open market Exchange believes that this and a national market system and, in brokers for order flow, the Exchange authorization provides proper general, to protect investors and the does not believe this proposal imposes safeguards and protections for Clearing public interest, by codifying the an undue burden on competition. Members as it provides controls for requirement that for each transaction in Rather, the Exchange believes that the Clearing Members to restrict access to a which a Member participates, the proposed rule change balances the need their OCC clearing numbers, allowing Member may indicate the name of any for Clearing Members to manage risks access only to those Authorized and allows them to address outlier Members upon their request. The 13 See Rule 209 (providing that each Member behavior from executing brokers while shall provide a letter of guarantee for the Member’s trading activities on the Exchange from a Clearing still allowing freedom of choice to select 11 15 U.S.C. 78f(b). Member in a form and manner prescribed by the an executing broker. 12 15 U.S.C. 78f(b)(5). Exchange). See also proposed Rule 507(f).

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C. Self-Regulatory Organization’s At any time within 60 days of the personal identifying information from Statement on Comments on the filing of the proposed rule change, the comment submissions. You should Proposed Rule Change Received From Commission summarily may submit only information that you wish Members, Participants, or Others temporarily suspend such rule change if to make available publicly. All it appears to the Commission that such submissions should refer to File Written comments were neither action is necessary or appropriate in the Number SR–PEARL–2019–04 and solicited nor received. public interest, for the protection of should be submitted on or before April III. Date of Effectiveness of the investors, or otherwise in furtherance of 18, 2019. Proposed Rule Change and Timing for the purposes of the Act. If the For the Commission, by the Division of Commission Action Commission takes such action, the Trading and Markets, pursuant to delegated Commission shall institute proceedings authority.19 Because the foregoing proposed rule to determine whether the proposed rule Eduardo A. Aleman, change does not: (i) Significantly affect should be approved or disapproved. the protection of investors or the public Deputy Secretary. interest; (ii) impose any significant IV. Solicitation of Comments [FR Doc. 2019–05923 Filed 3–27–19; 8:45 am] burden on competition; and (iii) become Interested persons are invited to BILLING CODE 8011–01–P operative for 30 days after the date of submit written data, views, and the filing, or such shorter time as the arguments concerning the foregoing, Commission may designate, it has including whether the proposed rule SECURITIES AND EXCHANGE become effective pursuant to 19(b)(3)(A) change is consistent with the Act. COMMISSION of the Act 14 and Rule 19b–4(f)(6) 15 Comments may be submitted by any of [Release No. 85399] thereunder. the following methods: Securities Exchange Act of 1934 A proposed rule change filed under Electronic Comments Rule 19b–4(f)(6) normally does not • March 22, 2019. become operative for 30 days after the Use the Commission’s internet date of the filing. However, Rule 19b– comment form (http://www.sec.gov/ In the Matter of: The BOX Exchange LLC; Regarding a Suspension of and Order 4(f)(6)(iii) 16 permits the Commission to rules/sro.shtml); or • Send an email to rule-comments@ Instituting Proceedings to Determine designate a shorter time if such action Whether to Approve or Disapprove a is consistent with the protection of sec.gov. Please include File Number SR– PEARL–2019–04 on the subject line. Proposed Rule Change to Amend the Fee investors and the public interest. In its Schedule on the BOX Market LLC Options filing, MIAX PEARL requested that the Paper Comments Facility to Establish BOX Connectivity Fees for Participants and Non-Participants Who Commission waive the 30-day operative • Send paper comments in triplicate delay. The Exchange represented that Connect to the BOX Network (File No. SR– to Secretary, Securities and Exchange BOX–2019–04); Order Granting BOX the proposal establishes a rule regarding Commission, 100 F Street NE, the give up of a Clearing Member in Exchange LLC’s Petition for Review of Washington, DC 20549–1090. Division of Trading and Markets Order by order to help clearing firms manage risk All submissions should refer to File Delegated Authority Temporarily Suspending while continuing to allow market Number SR–PEARL–2019–04. This file and Instituting Proceedings on SR–BOX– participants choice in broker execution number should be included on the 2019–04; Affirming the Division’s Order; and services. The Commission notes that it subject line if email is used. To help the Lifting the Automatic Stay. recently approved a substantially Commission process and review your I. Background similar proposed rule change by Nasdaq comments more efficiently, please use Phlx LLC.17 The Commission believes On February 13, 2019, BOX Exchange only one method. The Commission will that waiver of the 30-day operative LLC (‘‘BOX’’ or the ‘‘Exchange’’) filed post all comments on the Commission’s delay is consistent with the protection with the Securities and Exchange internet website (http://www.sec.gov/ of investors and the public interest, as Commission (‘‘Commission’’), pursuant rules/sro.shtml). Copies of the such waiver will provide transparency to Section 19(b)(1) of the Securities submission, all subsequent and operational certainty including Exchange Act (‘‘Act’’) 1 and Rule 19b–4 amendments, all written statements through the use of a standardized give thereunder,2 a proposed rule change with respect to the proposed rule up process and would align the give up (SR–BOX–2019–04) (‘‘BOX 3’’) to change that are filed with the process with other option exchanges. amend the fee schedule on the BOX Commission, and all written Accordingly, the Commission waives Market LLC options facility to establish communications relating to the the 30-day operative delay and certain connectivity fees and reclassify proposed rule change between the designates the proposed rule change its high speed vendor feed connection Commission and any person, other than operative upon filing.18 as a port fee. On February 26, 2019, the those that may be withheld from the Division of Trading and Markets public in accordance with the 14 (‘‘Division’’), acting pursuant to 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– delegated authority,3 issued a notice of 4(f)(6) requires a self-regulatory organization to give available for website viewing and the proposed rule change and order the Commission written notice of its intent to file printing in the Commission’s Public temporarily suspending the proposed the proposed rule change at least five business days Reference Room, 100 F Street NE, rule change pursuant to Section prior to the date of filing of the proposed rule Washington, DC 20549, on official change, or such shorter time as designated by the 19(b)(3)(C) of the Act and Commission. The Exchange has satisfied this business days between the hours of simultaneously instituting proceedings requirement. 10:00 a.m. and 3:00 p.m. Copies of the under Section 19(b)(2)(B) of the Act to 16 17 CFR 240.19b–4(f)(6)(iii). filing also will be available for determine whether to approve or 17 See supra note 5. inspection and copying at the principal 18 For purposes only of waiving the 30-day office of the Exchange. All comments 19 operative delay, the Commission has also 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on received will be posted without change. 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See Persons submitting comments are 2 17 CFR 240.19b–4. 15 U.S.C. 78c(f). cautioned that we do not redact or edit 3 17 CFR 200.30–3(a)(12), (57) and (58).

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disapprove the proposed rule change.4 delegated authority in BOX 1.12 The among other things, that (i) an The Commission received one comment Order Affirming the BOX 1 OIP also re- exchange’s rules provide for the letter on the proposal supporting the opened the comment and rebuttal equitable allocation of reasonable fees suspension and institution of periods for BOX 1 to March 8, 2019 and among members, issuers, and other proceedings.5 March 15, 2019, respectively. persons using its facilities; (ii) do not permit unfair discrimination between On February 26, 2019, pursuant to II. Discussion Rule 430 of the Commission’s Rules of customers, issuers, brokers, or dealers; 6 Pursuant to Rule 431 of the and (iii) do not impose any burden on Practice, the Exchange filed a notice of 13 intention to petition for review of the Commission Rules of Practice, the competition not necessary or Exchange’s Petition is granted. The Order Instituting Proceedings. Pursuant appropriate in furtherance of the Commission is not providing for a time 17 to Rule 431(e) of the Commission’s purposes of the Act. Accordingly, the period during which any party to the Rules of Practice,7 a notice of intention Order Instituting Proceedings properly action or other person may file a written to petition for review results in an concluded that it was appropriate in the statement in support of or in opposition automatic stay of the action by public interest, for the protection of to the Order Instituting Proceedings.14 delegated authority. On March 5, 2019, investors, and otherwise in furtherance The Commission believes that the issues the Exchange filed a petition for review of the purposes of the Act to temporarily raised by the Exchange’s Petition were of the Order Instituting Proceedings.8 suspend the proposed rule change and presented during the course of the The proposed fees in the proposed to institute proceedings to determine Commission’s review of the Exchange’s whether the proposed rule change rule change are identical to those petition to review the delegated action proposed in two prior BOX proposed should be approved or disapproved in in BOX 1 temporarily suspending and view of the significant legal and policy rule changes, both of which were instituting proceedings, in which two 18 similarly suspended by delegated issues raised by the proposal. statements were received and Further, suspending the filing and authority.9 The Forms 19b-4 for all three considered by the Commission in its instituting proceedings constitutes an filings are substantively identical, 15 order affirming the delegated action. interim step in the Commission’s except SR–BOX–2018–37 (‘‘BOX 2’’) The Commission therefore does not consideration of the substantive issues and BOX 3 identify the broad categories believe the Petition presents any new raised by the filing, and does not of the Exchange’s costs to offer issues that would benefit from an constitute a final disposition of the connectivity services and state that the additional period for written statement proposed rule change. As reflected in proposed fees would ‘‘offset’’ the and believes that no time period for the the Order Instituting Proceedings, the Exchange’s costs. filing of statements is necessary for this Commission has not reached any As with the instant proposal, the review. conclusions with respect to the issues The Commission’s Rules of Practice Exchange challenged the Division’s involved.19 To the contrary, the set forth procedures for the review of delegated authority to suspend and Commission sought additional comment 10 actions made pursuant to delegated institute proceedings on BOX 1. On with respect to the concerns raised by authority. Rule 431(a) provides that the November 16, 2018, the Commission the filing,20 and noted that the Commission may affirm, reverse, granted the Exchange’s petition to institution of proceedings provides the modify, set aside, or remand for further review BOX 1 and discontinued the Commission the opportunity to more 11 proceedings, in whole or in part, any automatic stay of the delegated action. fully assess the issues raised. action made pursuant to authority On February 25, 2019, the Commission As noted above, during the delegated in 17 CFR 200.30–1 through issued an order affirming the action by proceedings the Commission will 200.30–18.16 For the reasons discussed consider whether the proposal satisfies below, the Commission affirms the 4 See Securities Exchange Act Release No. 85201, the standards under the Act and the temporary suspension of the proposed 84 FR 7146 (March 1, 2019) (‘‘Order Instituting rules thereunder requiring, among other Proceedings’’). rule change and the institution of things, that an exchange’s rules provide 5 See letter from Theodore R. Lazo, Managing proceedings. Director and Associate General Counsel, Securities Instituting proceedings and keeping for the equitable allocation of reasonable Industry and Financial Markets Association, to fees among members, issuers, and other Vanessa Countryman, Acting Secretary, in place the temporary suspension provides a process for the Commission persons using its facilities; not permit Commission, dated March 12, 2019. unfair discrimination between 6 17 CFR 201.430. to further consider whether the 7 17 CFR 201.431(e). proposed rule change is consistent with customers, issuers, brokers or dealers; 8 Petition for Review of Order Temporarily the statutory requirements applicable to and do not impose any burden on Suspending BOX Exchange LLC’s Proposal to a national securities exchange under the competition not necessary or Amend the Fee Schedule on BOX Market LLC, Act. In particular, this approach will appropriate in furtherance of the dated March 5, 2019 (‘‘Petition’’). purposes of the Act. 9 allow the Commission to consider See Securities Exchange Act Release Nos. 84168 Further, the Commission finds that it (September 17, 2018), 83 FR 47947 (September 21, whether the proposed rule change 2018) (SR–BOX–2018–24) (‘‘BOX 1’’) and 84823 satisfies the standards under the Act is in the public interest to lift the stay (December 14, 2018), 83 FR 65381 (December 20, and the rules thereunder requiring, during the pendency of the 2018) (SR–BOX–2018–37) (‘‘BOX 2’’). Commission’s review. The Commission 10 See letter from Amir C. Tayrani, Partner, 12 believes the continued suspension of Gibson, Dunn & Crutcher LLP, to Brent J. Fields, See Securities Exchange Act Release No. 85184, Secretary, Commission, dated September 19, 2018; 84 FR 6842 (February 28, 2019) (‘‘Order Affirming the proposed rule change while the Petition for Review of Order Temporarily SR–BOX–2018–24 OIP’’). Commission conducts proceedings to Suspending BOX Exchange LLC’s Proposal to 13 17 CFR 201.431. consider the Exchange’s proposal will Amend the Fee Schedule on BOX Market LLC, 14 17 CFR 201.100(c). allow the Commission to further dated September 26, 2018. The Commission notes 15 See Order Affirming SR–BOX–2018–24 OIP, that the Exchange did not challenge the Division’s supra note 12. See also letters to Brent J. Fields, action by delegated authority to suspend and Secretary, Commission, from Lisa J. Fall, President, 17 See Order Instituting Proceedings, supra note 4, institute proceedings on BOX 2. BOX, dated December 7, 2018 and Amir C. Tayrani, at 7150. 11 See Securities Exchange Act Release No. 84614 Gibson, Dunn & Crutcher LLP, dated December 10, 18 See id. (November 16, 2018), 83 FR 59432 (November 23, 2018. 19 See id. 2018). 16 See 17 CFR 201.431(a). 20 See id.

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consider the proposed fees’ consistency Administration, Processing and SMALL BUSINESS ADMINISTRATION with the Exchange Act without the risk Disbursement Center, 14925 Kingsport [Disaster Declaration #15874 and #15875; of allowing a fee that is potentially Road, Fort Worth, TX 76155. MISSISSIPPI Disaster Number MS–00109] inconsistent with the Exchange Act to FOR FURTHER INFORMATION CONTACT: A. remain in effect. The Commission also Escobar, Office of Disaster Assistance, Presidential Declaration Amendment of does not believe that lifting the stay U.S. Small Business Administration, a Major Disaster for Public Assistance precludes meaningful review of the 409 3rd Street SW, Suite 6050, Only for the State of Mississippi Order Instituting Proceedings. Washington, DC 20416, (202) 205–6734. For the reasons stated above, it is AGENCY: U.S. Small Business hereby: SUPPLEMENTARY INFORMATION: Notice is Administration. Ordered that the Exchange’s petition hereby given that as a result of the ACTION: Amendment 1. for review of the Division’s action, by President’s major disaster declaration on delegated authority, temporarily 03/21/2019, applications for disaster SUMMARY: This is an amendment of the suspending the proposed rule change loans may be filed at the address listed Presidential declaration of a major and simultaneously instituting above or other locally announced disaster for Public Assistance Only for proceedings to determine whether to locations. the State of Mississippi (FEMA–4415– approve or disapprove the proposed The following areas have been DR), dated 02/14/2019. rule change be granted; and determined to be adversely affected by Incident: Severe Storms, Flooding, It is further ordered that the Division’s the disaster: and Tornado. Order Instituting Proceedings by Incident Period: 12/27/2018 through delegated authority is hereby affirmed; Primary Counties (Physical Damage and 12/28/2018. and Economic Injury Loans): Butler, DATES: Issued on 03/20/2019. It is further ordered that the automatic Cass, Colfax, Dodge, Douglas, Physical Loan Application Deadline stay of delegated action pursuant to Nemaha, Sarpy, Saunders, Date: 04/15/2019. Commission Rule of Practice 431(e) 21 is Washington. Economic Injury (EIDL) Loan hereby discontinued. Contiguous Counties (Economic Injury Application Deadline Date: 11/14/2019. The order temporarily suspending Loans Only): ADDRESSES: Submit completed loan such proposed rule change and Nebraska: Burt, Cuming, Johnson, applications to: U.S. Small Business instituting proceedings to determine Lancaster, Otoe, Pawnee, Platte, Administration, Processing and whether to approve or disapprove such Polk, Richardson, Seward, Stanton, Disbursement Center, 14925 Kingsport proposed rule change shall remain in York. Road, Fort Worth, TX 76155. effect. Iowa: Fremont, Harrison, Mills, FOR FURTHER INFORMATION CONTACT: A. By the Commission. Pottawattamie. Escobar, Office of Disaster Assistance, Eduardo A. Aleman, Missouri: Atchison, Holt. U.S. Small Business Administration, Deputy Secretary. 409 3rd Street SW, Suite 6050, [FR Doc. 2019–05912 Filed 3–27–19; 8:45 am] The Interest Rates are: Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice BILLING CODE P Percent of the President’s major disaster For Physical Damage: declaration for Private Non-Profit SMALL BUSINESS ADMINISTRATION Homeowners with Credit Avail- organizations in the State of Mississippi, able Elsewhere ...... 4.125 dated 02/14/2019, is hereby amended to [Disaster Declaration #15896 and #15897; Homeowners without Credit include the following areas as adversely NEBRASKA Disaster Number NE–00073] Available Elsewhere ...... 2.063 affected by the disaster. Businesses with Credit Available Presidential Declaration of a Major Elsewhere ...... 8.000 Primary Counties: Noxubee. Disaster for the State of Nebraska Businesses without Credit Avail- All other information in the original able Elsewhere ...... 4.000 declaration remains unchanged. AGENCY: U.S. Small Business Non-Profit Organizations with Administration. (Catalog of Federal Domestic Assistance Credit Available Elsewhere ..... 2.750 Number 59008) ACTION: Notice. Non-Profit Organizations without Credit Available Elsewhere ..... 2.750 Rafaela Monchek, SUMMARY: This is a Notice of the For Economic Injury: Acting Associate Administrator for Disaster Presidential declaration of a major Businesses & Small Agricultural Assistance. Cooperatives without Credit disaster for the State of Nebraska [FR Doc. 2019–05941 Filed 3–27–19; 8:45 am] (FEMA–4420–DR), dated 03/21/2019. Available Elsewhere ...... 4.000 Non-Profit Organizations without BILLING CODE 8025–01–P Incident: Severe Winter Storm, Credit Available Elsewhere ..... 2.750 Straight-line Winds, and Flooding. Incident Period: 03/09/2019 and SMALL BUSINESS ADMINISTRATION continuing. The number assigned to this disaster for physical damage is 158966 and for [Disaster Declaration #15884 and #15885; DATES: Issued on 03/21/2019. economic injury is 158970. KANSAS Disaster Number KS–00122] Physical Loan Application Deadline (Catalog of Federal Domestic Assistance Presidential Declaration Amendment of Date: 05/20/2019. Number 59008) Economic Injury (EIDL) Loan a Major Disaster for Public Assistance Application Deadline Date: 12/23/2019. Rafaela Monchek, Only for the State of Kansas Acting Associate Administrator for Disaster ADDRESSES: Submit completed loan AGENCY: U.S. Small Business Assistance. applications to: U.S. Small Business Administration. [FR Doc. 2019–05942 Filed 3–27–19; 8:45 am] ACTION: Amendment 1. 21 17 CFR 201.431(e). BILLING CODE 8025–01–P

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SUMMARY: This is an amendment of the economy. The Committee’s activities are • Originating Office: Bureau of Presidential declaration of a major advisory only. Consular Affairs, Passport Services (CA/ disaster for Public Assistance Only for The Committee is established under PPT). the State of Kansas (FEMA–4417–DR), the general authority of the Secretary of • Form Number: DS–2029. dated 02/25/2019. State and the Department of State as set • Respondents: United States Citizens Incident: Severe Storms, Straight-line forth in Title 22 of the United States and Nationals. Winds, and Flooding. Code, in particular Section 2656 of that • Incident Period: 10/04/2018 through Title and consistent with Federal Estimated Number of Respondents: 10/15/2018. Advisory Committee Act (5 U.S.C., 73,647. DATES: Issued on 03/20/2019. Appendix). For additional information, • Estimated Number of Responses: Physical Loan Application Deadline contact Melike Yetken, Bureau of 73,647. Date: 04/26/2019. Economic and Business Affairs, at (202) • Average Time per Response: 20 Economic Injury (EIDL) Loan 647–1817, or [email protected]. minutes. Application Deadline Date: 11/25/2019. • Scott B. Ticknor, Total Estimated Burden Time: ADDRESSES: Submit completed loan 24,549 hours. applications to: U.S. Small Business Acting Designated Federal Officer, U.S. Department of State. • Frequency: On occasion. Administration, Processing and • Disbursement Center, 14925 Kingsport [FR Doc. 2019–05968 Filed 3–27–19; 8:45 am] Obligation to Respond: Voluntary. Road, Fort Worth, TX 76155. BILLING CODE 4710–AE–P We are soliciting public comments to FOR FURTHER INFORMATION CONTACT: A. permit the Department to: • Escobar, Office of Disaster Assistance, DEPARTMENT OF STATE Evaluate whether the proposed U.S. Small Business Administration, information collection is necessary for 409 3rd Street SW, Suite 6050, [Public Notice 10701] the proper functions of the Department. Washington, DC 20416, (202) 205–6734. • Evaluate the accuracy of our SUPPLEMENTARY INFORMATION: The notice 30-Day Notice of Proposed Information estimate of the time and cost burden for of the President’s major disaster Collection: Application for Consular this proposed collection, including the declaration for Private Non-Profit Report of Birth Abroad of a Citizen of validity of the methodology and organizations in the State of Kansas, the United States of America assumptions used. dated 02/25/2019, is hereby amended to • ACTION: Notice of request for public Enhance the quality, utility, and include the following areas as adversely comment and submission to OMB of clarity of the information to be affected by the disaster. proposed collection of information. collected. Primary Counties: Barber, Ottawa. • Minimize the reporting burden on All other information in the original SUMMARY: The Department of State has those who are to respond, including the declaration remains unchanged. submitted the information collection use of automated collection techniques (Catalog of Federal Domestic Assistance described below to the Office of or other forms of information Number 59008) Management and Budget (OMB) for technology. approval. In accordance with the Rafaela Monchek, Please note that comments submitted Paperwork Reduction Act of 1995 we in response to this Notice are public Acting Associate Administrator for Disaster are requesting comments on this Assistance. record. Before including any detailed collection from all interested personal information, you should be [FR Doc. 2019–05940 Filed 3–27–19; 8:45 am] individuals and organizations. The BILLING CODE 8025–01–P aware that your comments as submitted, purpose of this Notice is to allow 30 including your personal information, days for public comment. will be available for public review. DATES: Submit comments directly to the DEPARTMENT OF STATE Office of Management and Budget Abstract of Proposed Collection [Public Notice 10717] (OMB) up to April 29, 2019. The DS–2029, Application for ADDRESSES: Direct comments to the Consular Report of Birth Abroad of a Advisory Committee On International Department of State Desk Officer in the Citizen of the United States of America, Economic Policy; Notice of Charter Office of Information and Regulatory is used by citizens of the United States Renewal Affairs at the Office of Management and to report the birth of a child while The Department of State has renewed Budget (OMB). You may submit overseas. The information collected on the charter of the Advisory Committee comments by the following methods: this form will be used to certify the • _ on International Economic Policy (‘‘the Email: oira submission@ acquisition of U.S. citizenship at birth of Committee’’). omb.eop.gov. You must include the DS a person born abroad. 22 CFR 50.5–50.7 The Committee provides advice on form number, information collection are important legal authorities that opportunities and challenges in title, and the OMB control number in permit the Department to use this form. the subject line of your message. international economic policy, Methodology including performance of the following • Fax: 202–395–5806. Attention: Desk functions: (a) To provide information Officer for Department of State. An application for a Consular Report and advice on the effective integration SUPPLEMENTARY INFORMATION: of Birth is normally made in the of economic interests into overall • Title of Information Collection: consular district in which the birth foreign policy; (b) to appraise the role of Application for Consular Report of Birth occurred. The parent respondents will international economic institutions; and Abroad of a Citizen of the United States complete the form and present it to a (c) to provide information and advice on of America. United States Consulate or Embassy, the Department of State’s role in • OMB Control Number: 1405–0011. who will examine the documentation advancing U.S. economic and • Type of Request: Extension of a and enter the information provided into commercial interests in the global Currently Approved Collection. the Department of State American

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Citizen Services (ACS) electronic this exemption will be effective on April effected by LVRM’s filing of a notice of database. 27, 2019, unless stayed pending consummation by March 28, 2020, and reconsideration. Petitions to stay that do there are no legal or regulatory barriers Barry J. Conway, not involve environmental issues,2 to consummation, the authority to Acting Deputy Assistant Secretary for formal expressions of intent to file an abandon will automatically expire. Passport Services, Bureau of Consular Affairs, 3 Department of State. OFA under 49 CFR 1152.27(c)(2), and Board decisions and notices are interim trail use/rail banking requests available at www.stb.gov. [FR Doc. 2019–05930 Filed 3–27–19; 8:45 am] under 49 CFR 1152.29 must be filed by BILLING CODE 4710–06–P Decided: March 25, 2019. April 8, 2019. Petitions to reopen or By the Board, Allison C. Davis, Acting requests for public use conditions under Director, Office of Proceedings. 49 CFR 1152.28 must be filed by April Jeffrey Herzig, SURFACE TRANSPORTATION BOARD 17, 2019, with the Surface Clearance Clerk. [Docket No. AB 1265X] Transportation Board, 395 E Street SW, Washington, DC 20423–0001. [FR Doc. 2019–05936 Filed 3–27–19; 8:45 am] Lehigh Valley Rail Management, LLC— A copy of any petition filed with the BILLING CODE 4915–01–P Abandonment Exemption—in Cambria Board should be sent to LVRM’s County, PA representative, Eric M. Hocky, Clark Hill, PLC, One Commerce Square, 2005 DEPARTMENT OF TRANSPORTATION Lehigh Valley Rail Management, LLC Market Street, Suite 1000, Philadelphia, (LVRM) has filed a verified notice of PA 19103. Federal Motor Carrier Safety exemption under 49 CFR 1152 subpart If the verified notice contains false or Administration F—Exempt Abandonments to abandon a misleading information, the exemption line of railroad extending between is void ab initio. [Docket No. FMCSA–2006–24278; FMCSA– milepost RJC 6.4 in Munster Township LVRM has filed a combined 2006–25854; FMCSA–2008–0355; FMCSA– and milepost RJC 10.45189 in Ebensburg environmental and historic report that 2010–0203; FMCSA–2012–0050; FMCSA– 2014–0379; FMCSA–2015–0323] Borough, and between milepost 15.355 addresses the effects, if any, of the (RJC 10.45189) and milepost 16.934 in abandonment on the environment and Qualification of Drivers; Exemption Cambria Township, in Cambria County, historic resources. OEA will issue an Pa. (the Line). The Line traverses U.S. Applications; Epilepsy and Seizure environmental assessment (EA) by April Disorders Postal Service Zip Code 15931. 2, 2019. Interested persons may obtain LVRM has certified that: (1) No local a copy of the EA by writing to OEA, AGENCY: Federal Motor Carrier Safety traffic has moved over the Line for at Surface Transportation Board, Administration (FMCSA), DOT. least two years; (2) because the Line is Washington, DC 20423–0001 or by ACTION: not a through line (it is stub-ended), Notice of renewal of calling OEA at (202) 245–0305. exemptions; request for comments. there is no overhead traffic on the Line; Assistance for the hearing impaired is (3) no formal complaint filed by a user available through the Federal Relay SUMMARY: FMCSA announces its of rail service on the Line (or by a state Service at (800) 877–8339. Comments decision to renew exemptions for eight or local government entity acting on on environmental and historic individuals from the requirement in the behalf of such user) regarding cessation preservation matters must be filed Federal Motor Carrier Safety of service over the Line either is within 15 days after the EA becomes Regulations (FMCSRs) that interstate pending with the Surface available to the public. commercial motor vehicle (CMV) Transportation Board (Board) or any Environmental, historic preservation, drivers have ‘‘no established medical U.S. District Court or has been decided public use, or trail use/rail banking history or clinical diagnosis of epilepsy in favor of a complainant within the conditions will be imposed, where or any other condition which is likely two-year period; and (4) the appropriate, in a subsequent decision. to cause loss of consciousness or any requirements at 49 CFR 1105.7 and Pursuant to the provisions of 49 CFR loss of ability to control a CMV.’’ The 1105.8 (environment and historic 1152.29(e)(2), LVRM shall file a notice exemptions enable these individuals report), 49 CFR 1105.12 (newspaper of consummation with the Board to who have had one or more seizures and publication), and 49 CFR 1152.50(d)(1) signify that it has exercised the are taking anti-seizure medication to (notice to governmental agencies) have authority granted and fully abandoned continue to operate CMVs in interstate been met. the Line. If consummation has not been commerce. As a condition to this exemption, any DATES: Each group of renewed employee adversely affected by the OFA process now requires potential offerors, in exemptions were applicable on the abandonment shall be protected under their formal expression of intent, to make a dates stated in the discussions below Oregon Short Line Railroad— preliminary financial responsibility showing based and will expire on the dates stated in Abandonment Portion Goshen Branch on a calculation using information contained in the carrier’s filing and publicly available information. the discussions below. Comments must Between Firth & Ammon, in Bingham & See Offers of Financial Assistance, EP 729 (STB be received on or before April 29, 2019. Bonneville Counties, Idaho, 360 I.C.C. served June 29, 2017); 82 FR 30,997 (July 5, 2017). 91 (1979). To address whether this 2 The Board will grant a stay if an informed ADDRESSES: You may submit comments condition adequately protects affected decision on environmental issues (whether raised identified by the Federal Docket employees, a petition for partial by a party or by the Board’s Office of Environmental Management System (FDMS) Docket No. Analysis (OEA) in its independent investigation) FMCSA–2006–24278; FMCSA–2006– revocation under 49 U.S.C. 10502(d) cannot be made before the exemption’s effective must be filed. date. See Exemption of Out-of-Serv. Rail Lines, 5 25854; FMCSA–2008–0355; FMCSA– Provided no formal expression of I.C.C.2d 377 (1989). Any request for a stay should 2010–0203; FMCSA–2012–0050; be filed as soon as possible so that the Board may FMCSA–2014–0379; FMCSA–2015– intent to file an offer of financial take appropriate action before the exemption’s 1 0323 using any of the following assistance (OFA) has been received, effective date. 3 methods: Each OFA must be accompanied by the filing • 1 The Board modified its OFA procedures fee, which currently is set at $1,800. See 49 CFR Federal eRulemaking Portal: Go to effective July 29, 2017. Among other things, the 1002.2(f)(25). http://www.regulations.gov. Follow the

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online instructions for submitting submitting your comment as an if that person has no established comments. individual or on behalf of a third party medical history or clinical diagnosis of • Mail: Docket Management Facility; and then submit. epilepsy or any other condition which U.S. Department of Transportation, 1200 If you submit your comments by mail is likely to cause the loss of New Jersey Avenue SE, West Building or hand delivery, submit them in an consciousness or any loss of ability to Ground Floor, Room W12–140, unbound format, no larger than 81⁄2 by control a CMV. Washington, DC 20590–0001. 11 inches, suitable for copying and In addition to the regulations, FMCSA • Hand Delivery: West Building electronic filing. If you submit has published advisory criteria to assist Ground Floor, Room W12–140, 1200 comments by mail and would like to Medical Examiners in determining New Jersey Avenue SE, Washington, know that they reached the facility, whether drivers with certain medical DC, between 9 a.m. and 5 p.m., ET, please enclose a stamped, self-addressed conditions are qualified to operate a Monday through Friday, except Federal postcard or envelope. CMV in interstate commerce. [49 CFR Holidays. FMCSA will consider all comments part 391, APPENDIX A TO PART 391— • Fax: 1–202–493–2251. and material received during the MEDICAL ADVISORY CRITERIA, To avoid duplication, please use only comment period. section H. Epilepsy: § 391.41(b)(8), one of these four methods. See the paragraphs 3, 4, and 5.] ‘‘Public Participation’’ portion of the B. Viewing Documents and Comments The eight individuals listed in this SUPPLEMENTARY INFORMATION section for To view comments, as well as any notice have requested renewal of their instructions on submitting comments. documents mentioned in this notice as exemptions from the epilepsy and FOR FURTHER INFORMATION CONTACT: Ms. being available in the docket, go to seizure disorders prohibition in 49 CFR Christine A. Hydock, Chief, Medical http://www.regulations.gov. Insert the 391.41(b)(8), in accordance with Programs Division, 202–366–4001, docket number, FMCSA–2006–24278; FMCSA procedures. Accordingly, [email protected], FMCSA, FMCSA–2006–25854; FMCSA–2008– FMCSA has evaluated these Department of Transportation, 1200 0355; FMCSA–2010–0203; FMCSA– applications for renewal on their merits New Jersey Avenue SE, Room W64–224, 2012–0050; FMCSA–2014–0379; and decided to extend each exemption Washington, DC 20590–0001. Office FMCSA–2015–0323, in the keyword for a renewable two-year period. hours are from 8:30 a.m. to 5 p.m., ET, box, and click ‘‘Search.’’ Next, click the III. Request for Comments Monday through Friday, except Federal ‘‘Open Docket Folder’’ button and holidays. If you have questions choose the document to review. If you Interested parties or organizations regarding viewing or submitting do not have access to the internet, you possessing information that would material to the docket, contact Docket may view the docket online by visiting otherwise show that any, or all, of these Services, telephone (202) 366–9826. the Docket Management Facility in drivers are not currently achieving the statutory level of safety should SUPPLEMENTARY INFORMATION: Room W12–140 on the ground floor of the DOT West Building, 1200 New immediately notify FMCSA. The I. Public Participation Jersey Avenue SE, Washington, DC Agency will evaluate any adverse evidence submitted and, if safety is A. Submitting Comments 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal being compromised or if continuation of If you submit a comment, please holidays. the exemption would not be consistent include the docket number for this with the goals and objectives of 49 notice (Docket No. FMCSA–2006– C. Privacy Act U.S.C. 31136(e) and 31315, FMCSA will 24278; FMCSA–2006–25854; FMCSA– In accordance with 5 U.S.C. 553(c), take immediate steps to revoke the 2008–0355; FMCSA–2010–0203; DOT solicits comments from the public exemption of a driver. FMCSA–2012–0050; FMCSA–2014– to better inform its rulemaking process. IV. Basis for Renewing Exemptions 0379; FMCSA–2015–0323), indicate the DOT posts these comments, without specific section of this document to edit, including any personal information In accordance with 49 U.S.C. 31136(e) which each comment applies, and the commenter provides, to and 31315, each of the eight applicants provide a reason for each suggestion or www.regulations.gov, as described in has satisfied the renewal conditions for recommendation. You may submit your the system of records notice (DOT/ALL– obtaining an exemption from the comments and material online or by fax, 14 FDMS), which can be reviewed at epilepsy and seizure disorders mail, or hand delivery, but please use www.dot.gov/privacy. prohibition. The eight drivers in this only one of these means. FMCSA notice remain in good standing with the recommends that you include your II. Background Agency, have maintained their medical name and a mailing address, an email Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any address, or a phone number in the body FMCSA may grant an exemption for up medical issues that would compromise of your document so that FMCSA can to five years if it finds such exemption their ability to safely operate a CMV contact you if there are questions would likely achieve a level of safety during the previous two-year exemption regarding your submission. that is equivalent to, or greater than, the period. In addition, for Commercial To submit your comment online, go to level that would be achieved absent Driver’s License (CDL) holders, the http://www.regulations.gov, put the such exemption. The statute also allows Commercial Driver’s License docket number, FMCSA–2006–24278; the Agency to renew exemptions at the Information System (CDLIS) and the FMCSA–2006–25854; FMCSA–2008– end of the five-year period. FMCSA Motor Carrier Management Information 0355; FMCSA–2010–0203; FMCSA– grants exemptions from the FMCSRs for System (MCMIS) are searched for crash 2012–0050; FMCSA–2014–0379; a two-year period to align with the and violation data. For non-CDL FMCSA–2015–0323, in the keyword maximum duration of a driver’s medical holders, the Agency reviews the driving box, and click ‘‘Search.’’ When the new certification. records from the State Driver’s screen appears, click on the ‘‘Comment The physical qualification standard Licensing Agency (SDLA). These factors Now!’’ button and type your comment for drivers regarding epilepsy found in provide an adequate basis for predicting into the text box on the following 49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to screen. Choose whether you are is physically qualified to drive a CMV safely operate a CMV in interstate

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commerce. Therefore, FMCSA has remained seizure-free; (3) each interstate commercial motor vehicle concludes that extending the exemption driver must undergo an annual medical (CMV) drivers. The exemptions enable for each renewal applicant for a period examination by a certified Medical these hard of hearing and deaf of two years is likely to achieve a level Examiner, as defined by 49 CFR 390.5; individuals to continue to operate CMVs of safety equal to that existing without and (4) each driver must provide a copy in interstate commerce. the exemption. of the annual medical certification to DATES: Each group of renewed As of January 1, 2019, and in the employer for retention in the exemptions were applicable on the accordance with 49 U.S.C. 31136(e) and driver’s qualification file, or keep a copy dates stated in the discussions below 31315, the following individual has of his/her driver’s qualification file if and will expire on the dates stated in satisfied the renewal conditions for he/she is self-employed. The driver the discussions below. Comments must obtaining an exemption from the must also have a copy of the exemption be received on or before April 29, 2019. epilepsy and seizure disorders when driving, for presentation to a duly ADDRESSES: You may submit comments prohibition in the FMCSRs for interstate authorized Federal, State, or local identified by the Federal Docket CMV drivers: Jordan M. Hyster (OH). enforcement official. The exemption Management System (FDMS) Docket No. This driver was included in docket will be rescinded if: (1) The person fails FMCSA–2013–0121; FMCSA–2013– number FMCSA–2015–0323. The to comply with the terms and 0123; FMCSA–2014–0106; FMCSA– exemption is applicable as of January 1, conditions of the exemption; (2) the 2012–0154; FMCSA–2015–0328 using 2019, and will expire on January 1, exemption has resulted in a lower level any of the following methods: 2021. of safety than was maintained before it • Federal eRulemaking Portal: Go to As of January 7, 2019, and in was granted; or (3) continuation of the http://www.regulations.gov. Follow the accordance with 49 U.S.C. 31136(e) and exemption would not be consistent with online instructions for submitting 31315, the following individual has the goals and objectives of 49 U.S.C. comments. satisfied the renewal conditions for 31136(e) and 31315. • Mail: Docket Management Facility; obtaining an exemption from the VI. Preemption U.S. Department of Transportation, 1200 epilepsy and seizure disorders During the period the exemption is in New Jersey Avenue SE, West Building prohibition in the FMCSRs for interstate Ground Floor, Room W12–140, CMV drivers: Edgar Snapp (IN). effect, no State shall enforce any law or regulation that conflicts with this Washington, DC 20590–0001. This driver was included in docket • Hand Delivery: West Building number FMCSA–2014–0379. The exemption with respect to a person operating under the exemption. Ground Floor, Room W12–140, 1200 exemption is applicable as of January 7, New Jersey Avenue SE, Washington, 2019, and will expire on January 7, VII. Conclusion DC, between 9 a.m. and 5 p.m., ET, 2021. Monday through Friday, except Federal In accordance with 49 U.S.C. 31136(e) Based on its evaluation of the eight Holidays. and 31315, the following groups of exemption applications, FMCSA renews • Fax: 1–202–493–2251. drivers received renewed exemptions in the exemptions of the aforementioned To avoid duplication, please use only the month of January and are discussed drivers from the epilepsy and seizure one of these four methods. See the below. disorders prohibition in 49 CFR ‘‘Public Participation’’ portion of the As of January 15, 2019, and in 391.41(b)(8). In accordance with 49 SUPPLEMENTARY INFORMATION section for accordance with 49 U.S.C. 31136(e) and U.S.C. 31136(e) and 31315, each instructions on submitting comments. 31315, the following six individuals exemption will be valid for two years have satisfied the renewal conditions for unless revoked earlier by FMCSA. FOR FURTHER INFORMATION CONTACT: Ms. obtaining an exemption from the Issued on: March 20, 2019. Christine A. Hydock, Chief, Medical epilepsy and seizure disorders Larry W. Minor, Programs Division, 202–366–4001, [email protected], FMCSA, prohibition in the FMCSRs for interstate Associate Administrator for Policy. CMV drivers: Department of Transportation, 1200 [FR Doc. 2019–05948 Filed 3–27–19; 8:45 am] New Jersey Avenue SE, Room W64–224, Daniel Forth (NY) BILLING CODE 4910–EX–P Washington, DC 20590–0001. Office Steven L. Hunsaker (ID) hours are from 8:30 a.m. to 5 p.m., ET, Brian J. Porter (PA) Monday through Friday, except Federal Wayne C. Sorenson (MN) DEPARTMENT OF TRANSPORTATION holidays. If you have questions Michael W. Thomas (KS) regarding viewing or submitting Paul Warren (ME) Federal Motor Carrier Safety Administration material to the docket, contact Docket The drivers were included in docket Services, telephone (202) 366–9826. numbers FMCSA–2006–24278; [Docket No. FMCSA–2013–0121; FMCSA– SUPPLEMENTARY INFORMATION: FMCSA–2006–25854; FMCSA–2008– 2013–0123; FMCSA–2014–0106; FMCSA– 0355; FMCSA–2010–0203; FMCSA– 2012–0154; FMCSA–2015–0328] I. Public Participation 2012–0050. Their exemptions are A. Submitting Comments applicable as of January 15, 2019, and Qualification of Drivers; Exemption will expire on January 15, 2021. Applications; Hearing If you submit a comment, please include the docket numbers for this V. Conditions and Requirements AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. notice (Docket No. FMCSA–2012–0154; The exemptions are extended subject ACTION: Notice of renewal of FMCSA–2013–0121; FMCSA–2013– to the following conditions: (1) Each exemptions; request for comments. 0123; FMCSA–2014–0106; FMCSA– driver must remain seizure-free and 2015–0328), indicate the specific maintain a stable treatment during the SUMMARY: FMCSA announces its section of this document to which each two-year exemption period; (2) each decision to renew exemptions for eleven comment applies, and provide a reason driver must submit annual reports from individuals from the hearing for each suggestion or recommendation. their treating physicians attesting to the requirement in the Federal Motor You may submit your comments and stability of treatment and that the driver Carrier Safety Regulations (FMCSRs) for material online or by fax, mail, or hand

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delivery, but please use only one of II. Background reviews the driving records from the these means. FMCSA recommends that Under 49 U.S.C. 31136(e) and 31315, State Driver’s Licensing Agency (SDLA). you include your name and a mailing FMCSA may grant an exemption for five These factors provide an adequate basis address, an email address, or a phone years if it finds such exemption would for predicting each driver’s ability to number in the body of your document likely achieve a level of safety that is continue to safely operate a CMV in so that FMCSA can contact you if there equivalent to, or greater than, the level interstate commerce. Therefore, FMCSA are questions regarding your that would be achieved absent such concludes that extending the exemption submission. exemption. The statute also allows the for these drivers for a period of two years is likely to achieve a level of safety To submit your comment online, go to Agency to renew exemptions at the end equal to that existing without the http://www.regulations.gov, put the of the five-year period. FMCSA grants exemption. docket numbers, FMCSA–2012–0154; exemptions from the FMCSRs for a two- FMCSA–2013–0121; FMCSA–2013– year period to align with the maximum As of January 3, 2019, and in accordance with 49 U.S.C. 31136(e) and 0123; FMCSA–2014–0106; FMCSA– duration of a driver’s medical 31315, Daniel Grossinger (MD) has 2015–0328, in the keyword box, and certification. satisfied the renewal conditions for click ‘‘Search.’’ When the new screen The physical qualification standard obtaining an exemption from the appears, click on the ‘‘Comment Now!’’ for drivers regarding hearing found in hearing requirement in the FMCSRs for button and type your comment into the 49 CFR 391.41(b)(11) states that a interstate drivers. text box on the following screen. Choose person is physically qualified to drive a This driver was included in docket whether you are submitting your CMV if that person first perceives a number FMCSA–2013–0121. The comment as an individual or on behalf forced whispered voice in the better ear exemption is applicable as of January 3, of a third party and then submit. at not less than 5 feet with or without the use of a hearing aid or, if tested by 2019, and will expire on January 3, If you submit your comments by mail use of an audiometric device, does not 2021. or hand delivery, submit them in an have an average hearing loss in the As of January 10, 2019, and in unbound format, no larger than 81⁄2 by better ear greater than 40 decibels at 500 accordance with 49 U.S.C. 31136(e) and 11 inches, suitable for copying and Hz, 1,000 Hz, and 2,000 Hz with or 31315, the following three individuals electronic filing. If you submit without a hearing aid when the have satisfied the renewal conditions for comments by mail and would like to audiometric device is calibrated to obtaining an exemption from the know that they reached the facility, American National Standard (formerly hearing requirement in the FMCSRs for please enclose a stamped, self-addressed ASA Standard) Z24.5–1951. interstate CMV drivers: postcard or envelope. 49 CFR 391.41(b)(11) was adopted in Christopher McKenzie (TX); Kimothy FMCSA will consider all comments 1970, with a revision in 1971 to allow McLoed (GA); and James Weir (WA). and material received during the drivers to be qualified under this The drivers were included in docket comment period. standard while wearing a hearing aid, numbers FMCSA–2014–0106 and 35 FR 6458, 6463 (April 22, 1970) and FMCSA–2013–0123. Their exemptions B. Viewing Documents and Comments 36 FR 12857 (July 3, 1971). are applicable as of January 10, 2019, and will expire on January 10, 2021. To view comments, as well as any III. Request for Comments documents mentioned in this notice as As of January 15, 2019, and in being available in the docket, go to Interested parties or organizations accordance with 49 U.S.C. 31136(e) and http://www.regulations.gov. Insert the possessing information that would 31315, the following four individuals docket numbers, FMCSA–2013–0121; otherwise show that any, or all, of these have satisfied the renewal conditions for FMCSA–2013–0123; FMCSA–2014– drivers are not currently achieving the obtaining an exemption from the 0106; FMCSA–2012–0154; FMCSA– statutory level of safety should hearing requirement in the FMCSRs for 2015–0328, in the keyword box, and immediately notify FMCSA. The interstate CMV drivers: click ‘‘Search.’’ Next, click the ‘‘Open Agency will evaluate any adverse Tyjuan Davis (VA) Docket Folder’’ button and choose the evidence submitted and, if safety is Jerry Jones (TX) document to review. If you do not have being compromised or if continuation of Gerson Raminez (MT) the exemption would not be consistent access to the internet, you may view the Justin Trethewey (FL) with the goals and objectives of 49 docket online by visiting the Docket U.S.C. 31136 and 31315, FMCSA will The drivers were included in docket Management Facility in Room W12–140 take immediate steps to revoke the number FMCSA–2012–0154. Their on the ground floor of the DOT West exemption of a driver. exemptions are applicable as of January Building, 1200 New Jersey Avenue SE, 15, 2019, and will expire on January 15, Washington, DC 20590, between 9 a.m. IV. Basis for Renewing Exemptions 2021. and 5 p.m., ET, Monday through Friday, In accordance with 49 U.S.C. 31136(e) As of January 22, 2019, and in except Federal holidays. and 31315, each of the eleven applicants accordance with 49 U.S.C. 31136(e) and C. Privacy Act has satisfied the renewal conditions for 31315, the following three individuals obtaining an exemption from the have satisfied the renewal conditions for In accordance with 5 U.S.C. 553(c), hearing requirement. The eleven drivers obtaining an exemption from the DOT solicits comments from the public in this notice remain in good standing hearing requirement in the FMCSRs for to better inform its rulemaking process. with the Agency. In addition, for interstate CMV drivers: DOT posts these comments, without Commercial Driver’s License (CDL) Heath A. Focken (NE); Jaymes A. Harr edit, including any personal information holders, the Commercial Driver’s (IA); and Tyra Peterson (IA). the commenter provides, to License Information System (CDLIS) The drivers were included in docket www.regulations.gov, as described in and the Motor Carrier Management number FMCSA–2015–0328. Their the system of records notice (DOT/ALL– Information System (MCMIS) are exemptions are applicable as of January 14 FDMS), which can be reviewed at searched for crash and violation data. 22, 2019, and will expire on January 22, www.dot.gov/privacy. For non-CDL holders, the Agency 2021.

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V. Conditions and Requirements SUMMARY: FMCSA requests public see the ‘‘Privacy Act’’ heading for The exemptions are extended subject comment on an application for further information. to the following conditions: (1) Each exemption from Laydon Composites Docket: For access to the docket to driver must report any crashes or Ltd. (Laydon) to allow motor carriers to read background documents or accidents as defined in 49 CFR 390.5; operate commercial motor vehicles comments received, go to http:// and (2) report all citations and (CMVs) that are equipped with Laydon’s www.regulations.gov or to Room W12– convictions for disqualifying offenses OptiTailTM aerodynamic device with 140, DOT Building, 1200 New Jersey under 49 CFR part 383 and 49 CFR 391 rear identification lamps and rear Avenue SE, Washington, DC, between 9 to FMCSA; and (3) each driver clearance lamps that are mounted lower a.m. and 5 p.m., Monday through prohibited from operating a motorcoach than currently permitted by the Friday, except Federal holidays. or bus with passengers in interstate Agency’s regulations. The Federal Motor Privacy Act: In accordance with 5 commerce. The driver must also have a Carrier Safety Regulations (FMCSRs) U.S.C. 553(c), DOT solicits comments copy of the exemption when driving, for require rear identification lamps and from the public to better inform its presentation to a duly authorized rear clearance lamps to be located ‘‘as rulemaking process. DOT posts these Federal, State, or local enforcement close as practicable to the top of the comments, without edit, including any official. In addition, the exemption does vehicle.’’ While the OptiTailTM personal information the commenter not exempt the individual from meeting aerodynamic device is currently provides, to www.regulations.gov, as the applicable CDL testing mounted slightly below the roof of the described in the system of records requirements. Each exemption will be vehicle, Laydon states that this offset notice (DOT/ALL–14 FDMS), which can valid for two years unless rescinded prevents the device from delivering the be reviewed at www.dot.gov/privacy. earlier by FMCSA. The exemption will maximum available fuel economy Public participation: The http:// be rescinded if: (1) The person fails to benefit as opposed to mounting it flush www.regulations.gov website is comply with the terms and conditions with the top of the vehicle which may generally available 24 hours each day, of the exemption; (2) the exemption has block the visibility of the rear 365 days each year. You may find resulted in a lower level of safety than identification lamps and rear clearance electronic submission and retrieval help was maintained before it was granted; or lamps. Laydon believes that locating the and guidelines under the ‘‘help’’ section (3) continuation of the exemption would rear identification lamps and rear of the http://www.regulations.gov not be consistent with the goals and clearance lamps lower on the vehicle, website as well as the DOT’s http:// objectives of 49 U.S.C. 31136 and 31315. on a horizontal plane with other docketsinfo.dot.gov website. If you required lamps (stop, turn, and tail would like notification that we received VI. Preemption lamps) as is done on a flatbed trailer or your comments, please include a self- During the period the exemption is in an intermodal chassis, will maintain a addressed, stamped envelope or effect, no State shall enforce any law or level of safety that is equivalent to, or postcard or print the acknowledgment regulation that conflicts with this greater than, the level of safety achieved page that appears after submitting exemption with respect to a person without the exemption. comments online. operating under the exemption. DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. VII. Conclusion or before April 29, 2019. Jose Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Based upon its evaluation of the ADDRESSES: You may submit comments bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, eleven exemption applications, FMCSA (202) 366–5541, Federal Motor Carrier renews the exemptions of the System (FDMS) Docket ID FMCSA– 2019–0070 using any of the following Safety Administration, 1200 New Jersey aforementioned drivers from the hearing Avenue SE, Washington, DC 20590– requirement in 49 CFR 391.41 (b)(11). In methods: • 0001. accordance with 49 U.S.C. 31136(e) and Website: http:// 31315, each exemption will be valid for www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: instructions for submitting comments two years unless revoked earlier by Background FMCSA. on the Federal electronic docket site. • Fax: 1–202–493–2251. Under Agency regulations, FMCSA Issued on: March 20, 2019. • Mail: Docket Management Facility, must publish a notice of each exemption Larry W. Minor, U.S. Department of Transportation, request in the Federal Register (49 CFR Associate Administrator for Policy. Room W12–140, 1200 New Jersey 381.315(a)). The Agency must provide [FR Doc. 2019–05947 Filed 3–27–19; 8:45 am] Avenue SE, Washington, DC 20590– the public with an opportunity to BILLING CODE 4910–EX–P 0001. inspect the information relevant to the • Hand Delivery: Ground Floor, Room application, including any safety W12–140, DOT Building, 1200 New analyses that have been conducted. The DEPARTMENT OF TRANSPORTATION Jersey Avenue SE, Washington, DC, Agency must also provide an between 9 a.m. and 5 p.m. e.t., Monday– opportunity for public comment on the Federal Motor Carrier Safety Friday, except Federal holidays. request. Administration Instructions: All submissions must The Agency reviews the safety [Docket No. FMCSA–2019–0070] include the Agency name and docket analyses and the public comments and number for this notice. For detailed determines whether granting the Parts and Accessories Necessary for instructions on submitting comments exemption would likely achieve a level Safe Operation; Laydon Composites and additional information on the of safety equivalent to or greater than Ltd. Application for an Exemption exemption process, see the ‘‘Public the level that would be achieved by the AGENCY: Federal Motor Carrier Safety Participation’’ heading below. Note that current regulation (49 CFR 381.305). Administration (FMCSA), DOT. all comments received will be posted The decision of the Agency must be without change to http:// published in the Federal Register (49 ACTION: Notice of application for www.regulations.gov, including any CFR 381.315(b)). If the Agency denies exemption; request for comments. personal information provided. Please the request, it must state the reason for

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doing so. If the decision is to grant the mounting the upper panel of the long term impacts on meeting future exemption, the notice must specify the OptiTailTM system flush with the roof greenhouse gas or California Air person or class of persons receiving the will block the full view of the trailer Resources Board fuel economy exemption and the regulatory provision identification and clearance lights, in requirements. or provisions from which an exemption violation of section 393.11 of the Request for Comments is granted. The notice must specify the FMCSRs. effective period of the exemption (up to Laydon is requesting the exemption to In accordance with 49 U.S.C. 31315 5 years) and explain the terms and allow trailers using its OptiTailTM and 31136(e), FMCSA requests public conditions of the exemption. The system to have the required comment from all interested persons on exemption may be renewed (49 CFR identification and clearance lights Laydon’s application for an exemption 381.315(c) and 49 CFR 381.300(b)). mounted lower than currently from 49 CFR 393.11. All comments permitted, and at the same required received before the close of business on Laydon Application for Exemption location for flatbed trailers and the comment closing date indicated at Laydon, on behalf of motor carriers intermodal chassis. Laydon states that the beginning of this notice will be utilizing its OptiTailTM aerodynamic while it has conducted (1) computer considered and will be available for devices, applied for an exemption from simulation analysis, (2) scaled wind examination in the docket at the 49 CFR 393.11 to allow rear tunnel testing, and (3) full scale location listed under the ADDRESSES identification lamps and rear clearance environmental testing of the flush roof section of this notice. lamps to be mounted lower than mounted configuration, the temporary Comments received after the comment currently permitted by the Agency’s exemption is necessary to complete closing date will be filed in the public regulations. A copy of the application is actual performance testing in full docket and will be considered to the included in the docket referenced at the environmental conditions by various extent practicable. In addition to late beginning of this notice. fleet operators located in multiple areas comments, FMCSA will also continue to Table 1 of § 393.11, ‘‘Required lamps of the U.S. and with different standard file, in the public docket, relevant and reflectors on commercial motor travel routes. information that becomes available after vehicles,’’ specifies the requirements for In its application, Laydon states: the comment closing date. Interested lamps, reflective devices and associated persons should continue to examine the equipment by the type of CMV. All The safety impact of the proposed 49 CFR public docket for new material. CMVs manufactured on or after 393.11 exemption would be similar to existing CMVs already in operation, provided Issued on: March 20, 2019. December 25, 1968, must, at a the relocation or addition of lower level Larry W. Minor, minimum, meet the applicable identification and clearance lamps are Associate Administrator for Policy. requirements of Federal Motor Vehicle installed on the CMV. Assuming additional [FR Doc. 2019–05946 Filed 3–27–19; 8:45 am] Safety Standard (FMVSS) No. 108, lamps are installed lower on the trailer and ‘‘Lamps, reflective devices, and just not relocated, the improved OptiTailTM, BILLING CODE 4910–EX–P associated equipment,’’ in effect at the auto version (AutoTail), would still have the time of manufacture of the vehicle. Rear existing centerline identification lamp and DEPARTMENT OF TRANSPORTATION identification lamps must be mounted both clearance lamps visible when the trailer is traveling at slow speeds. Our AutoTail is as close as practicable to the top of the self-deploying and self-retracting. The Federal Motor Carrier Safety vehicle. One lamp must be as close as AutoTail will remain retracted until the Administration practicable to the vertical centerline and tractor reaches a speed of approximately 40 one on each side of the center lamp with mph and remain open until the tractor [Docket No. FMCSA–2019–0006] the lamp centers spaced not less than 6 reduces speed to approximately 6 mph. The Qualification of Drivers; Exemption inches or more than 12 inches apart, AutoTail will continue to remain closed as Applications; Vision and all on the same level. One rear long as the trailer does not exceed 40 mph. clearance lamp must be located on each As a result the current centerline AGENCY: Federal Motor Carrier Safety side of the vertical centerline of the identification and clearance lights would be visible when the tractor trailer is stopped at Administration (FMCSA), DOT. vehicle to indicate overall width, both a traffic light or other slow speed road ACTION: Notice of applications for of which must be on the same level and condition. We are not advocating that this is exemption; request for comments. as high as practicable. sufficient to allow the exemption without Laydon is wholly owned by WABCO additional clearance and identification lamps SUMMARY: FMCSA announces receipt of Europe BVBA, with headquarters in installed lower on the trailer. All CMV applications from nine individuals for Brussels, Belgium. Laydon and WABCO trailers have conspicuity materials installed an exemption from the vision have developed a trailer collapsible boat across the width of the trailer. These reflex requirement in the Federal Motor tail technology which improves the reflectors will still be visible with the Carrier Safety Regulations (FMCSRs) to overall tractor trailer aerodynamic OptiTailTM deployed or retracted. Both the operate a commercial motor vehicle efficiency. The OptiTailTM systems, two clearance and three identification lights (CMV) in interstate commerce. If should be relocated or additionally added to granted, the exemptions will enable both the fully auto and manual versions, the approximate horizontal plane with other are currently installed to the rear doors rear lamps. These are generally regarded as these individuals to operate CMVs in of a CMV trailer such that the upper the brake and running lamps. This location interstate commerce without meeting panels are below the trailer’s is the same as found on some CMVs, such as the vision requirement in one eye. identification and clearance lamps. flatbed trailers, with or without ‘‘curtain DATES: Comments must be received on Laydon notes that installing the upper sides’’ and intermodal chassis trailers. Now or before April 29, 2019. panels below the identification lights— is the time for all good men to come to the ADDRESSES: You may submit comments about 1.25 to 3 inches below the trailer aid of their country. identified by the Federal Docket roof—is not the ideal aerodynamic Laydon states that without the Management System (FDMS) Docket No. condition, and that the upper panels exemption, it will be unable to establish FMCSA–2019–0006 using any of the could yield better aerodynamic flow and verify the maximum fuel economy following methods: characteristics if they were mounted and environmental impacts of the • Federal eRulemaking Portal: Go to flush with the trailer roof. However, OptiTailTM system, which could have http://www.regulations.gov. Follow the

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online instructions for submitting electronic filing. If you submit without corrective lenses or visual comments. comments by mail and would like to acuity separately corrected to 20/40 • Mail: Docket Management Facility; know that they reached the facility, (Snellen) or better with corrective U.S. Department of Transportation, 1200 please enclose a stamped, self-addressed lenses, distant binocular acuity of at New Jersey Avenue SE, West Building postcard or envelope. least 20/40 (Snellen) in both eyes with Ground Floor, Room W12–140, FMCSA will consider all comments or without corrective lenses, field of Washington, DC 20590–0001. and material received during the vision of at least 70° in the horizontal • Hand Delivery: West Building comment period. Meridian in each eye, and the ability to Ground Floor, Room W12–140, 1200 B. Viewing Documents and Comments recognize the colors of traffic signals New Jersey Avenue SE, Washington, and devices showing standard red, DC, between 9 a.m. and 5 p.m., ET, To view comments, as well as any green, and amber. Monday through Friday, except Federal documents mentioned in this notice as In July 1992, the Agency first Holidays. being available in the docket, go to published the criteria for the Vision • Fax: 1–202–493–2251. http://www.regulations.gov. Insert the Waiver Program, which listed the To avoid duplication, please use only docket number, FMCSA–2019–0006, in conditions and reporting standards that one of these four methods. See the the keyword box, and click ‘‘Search.’’ CMV drivers approved for participation ‘‘Public Participation’’ portion of the Next, click the ‘‘Open Docket Folder’’ would need to meet (Qualification of SUPPLEMENTARY INFORMATION section for button and choose the document to Drivers; Vision Waivers, 57 FR 31458, instructions on submitting comments. review. If you do not have access to the July 16, 1992). The current Vision FOR FURTHER INFORMATION CONTACT: Ms. internet, you may view the docket Exemption Program was established in Christine A. Hydock, Chief, Medical online by visiting the Docket 1998, following the enactment of Programs Division, (202) 366–4001, Management Facility in Room W12–140 amendments to the statutes governing [email protected], FMCSA, on the ground floor of the DOT West exemptions made by § 4007 of the Department of Transportation, 1200 Building, 1200 New Jersey Avenue SE, Transportation Equity Act for the 21st New Jersey Avenue SE, Room W64–224, Washington, DC 20590, between 9 a.m. Century (TEA–21), Public Law 105–178, Washington, DC 20590–0001. Office and 5 p.m., ET, Monday through Friday, 112 Stat. 107, 401 (June 9, 1998). Vision hours are 8:30 a.m. to 5 p.m., ET, except Federal holidays. exemptions are considered under the Monday through Friday, except Federal C. Privacy Act procedures established in 49 CFR part holidays. If you have questions 381 subpart C, on a case-by-case basis In accordance with 5 U.S.C. 553(c), regarding viewing or submitting upon application by CMV drivers who DOT solicits comments from the public material to the docket, contact Docket do not meet the vision standards of 49 to better inform its rulemaking process. Services, telephone (202) 366–9826. CFR 391.41(b)(10). DOT posts these comments, without SUPPLEMENTARY INFORMATION: edit, including any personal information To qualify for an exemption from the I. Public Participation the commenter provides, to vision requirement, FMCSA requires a person to present verifiable evidence A. Submitting Comments www.regulations.gov, as described in the system of records notice (DOT/ALL– that he/she has driven a commercial If you submit a comment, please 14 FDMS), which can be reviewed at vehicle safely with the vision deficiency include the docket number for this www.dot.gov/privacy. for the past three years. Recent driving notice (Docket No. FMCSA–2019–0006), performance is especially important in indicate the specific section of this II. Background evaluating future safety, according to document to which each comment Under 49 U.S.C. 31136(e) and 31315, several research studies designed to applies, and provide a reason for each FMCSA may grant an exemption from correlate past and future driving suggestion or recommendation. You the FMCSRs for a five-year period if it performance. Results of these studies may submit your comments and finds such exemption would likely support the principle that the best material online or by fax, mail, or hand achieve a level of safety that is predictor of future performance by a delivery, but please use only one of equivalent to, or greater than, the level driver is his/her past record of crashes these means. FMCSA recommends that that would be achieved absent such and traffic violations. Copies of the you include your name and a mailing exemption. The statute also allows the studies may be found at Docket Number address, an email address, or a phone Agency to renew exemptions at the end FMCSA–1998–3637. number in the body of your document of the five-year period. FMCSA grants FMCSA believes it can properly apply so that FMCSA can contact you if there exemptions from the FMCSRs for a two- the principle to monocular drivers, are questions regarding your year period to align with the maximum because data from the Federal Highway submission. duration of a driver’s medical Administration’s (FHWA) former waiver To submit your comment online, go to certification. study program clearly demonstrated the http://www.regulations.gov, put the The nine individuals listed in this driving performance of experienced docket number, FMCSA–2019–0006, in notice have requested an exemption monocular drivers in the program is the keyword box, and click ‘‘Search.’’ from the vision requirement in 49 CFR better than that of all CMV drivers When the new screen appears, click on 391.41(b)(10). Accordingly, the Agency collectively (See 61 FR 13338, 13345, the ‘‘Comment Now!’’ button and type will evaluate the qualifications of each March 26, 1996). The fact that your comment into the text box on the applicant to determine whether granting experienced monocular drivers following screen. Choose whether you an exemption will achieve the required demonstrated safe driving records in the are submitting your comment as an level of safety mandated by statute. waiver program supports a conclusion individual or on behalf of a third party The physical qualification standard that other monocular drivers, meeting and then submit. for drivers regarding vision found in 49 the same qualifying conditions as those If you submit your comments by mail CFR 391.41(b)(10) states that a person is required by the waiver program, are also or hand delivery, submit them in an physically qualified to drive a CMV if likely to have adapted to their vision unbound format, no larger than 81⁄2 by that person has distant visual acuity of deficiency and will continue to operate 11 inches, suitable for copying and at least 20/40 (Snellen) in each eye safely.

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The first major research correlating sufficient vision to perform the driving Philip E. Henderson past and future performance was done tasks required to operate a commercial Mr. Henderson, 78, had a retinal in England by Greenwood and Yule in vehicle.’’ Mr. Cesternino reported that detachment in his right eye in 2008. The 1920. Subsequent studies, building on he has driven tractor-trailer visual acuity in his right eye is counting that model, concluded that crash rates combinations for 47 years, accumulating fingers, and in his left eye, 20/20. for the same individual exposed to 5.4 million miles. He holds a Class A Following an examination in 2018, his certain risks for two different time CDL from Virginia. His driving record ophthalmologist stated, ‘‘In my medical periods vary only slightly (See Bates for the last three years shows no crashes opinion, Mr. Philip Henderson has and Neyman, University of California and no convictions for moving sufficient vision to perform the driving Publications in Statistics, April 1952). violations in a CMV. tasks required to operate a commercial Other studies demonstrated theories of Steven S. Criss vehicle.’’ Mr. Henderson reported that predicting crash proneness from crash he has driven straight trucks for six history coupled with other factors. Mr. Criss, 38, has had amblyopia in years, accumulating 36,000 miles, and These factors—such as age, sex, his left eye since birth. The visual acuity tractor-trailer combinations for 49 years, geographic location, mileage driven and in his right eye is 20/20, and in his left accumulating 4.4 million miles. He conviction history—are used every day eye, 20/80. Following an examination in holds a Class A CDL from Missouri. His by insurance companies and motor 2018, his optometrist stated, ‘‘In my driving record for the last three years vehicle bureaus to predict the opinion, the reduced visual acuity in shows one crash and one conviction for probability of an individual Steven’s left eye does not prohibit him a moving violation in a CMV; improper experiencing future crashes (See Weber, from operating a commercial vehicle backing of CMV. Donald C., ‘‘Accident Rate Potential: An . . . I would anticipate no further Application of Multiple Regression Brian S. Metheny functional problems due to this Analysis of a Poisson Process,’’ Journal Mr. Metheny, 44, has had amblyopia condition and have no reservations of American Statistical Association, in his right eye since childhood. The about recommending that he be granted June 1971). A 1964 California Driver visual acuity in his right eye is 20/200, the privilege to operate a commercial Record Study prepared by the California and in his left eye, 20/20. Following an vehicle.’’ Mr. Criss reported that he has Department of Motor Vehicles examination in 2018, his driven straight trucks for ten years, concluded that the best overall crash ophthalmologist stated, ‘‘In my opinion accumulating 350,000 miles. He holds predictor for both concurrent and [sic] he has sufficient vision to perform an operator’s license from Florida. His nonconcurrent events is the number of the driving tasks required to operate a single convictions. This study used driving record for the last three years commercial vehicle.’’ Mr. Metheny three consecutive years of data, shows no crashes and no convictions for reported that he has driven straight comparing the experiences of drivers in moving violations in a CMV. trucks for three years, accumulating the first two years with their Terrence H. Flick II 180,000 miles. He holds a Class A CDL experiences in the final year. from Pennsylvania. His driving record Mr. Flick, 34, has had a macular scar for the last three years shows no crashes III. Qualifications of Applicants in his left eye since childhood. The and no convictions for moving Clay A. Applegarth visual acuity in his right eye is 20/20, violations in a CMV. and in his left eye, light perception. Mr. Applegarth, 49, had an Roger L. Ridder Following an examination in 2018, his enucleation of his left eye due to ocular optometrist stated, ‘‘Mr. Flick does have Mr. Ridder, 56, has complete loss of melanoma in 1994. The visual acuity in sufficient vision to drive and operate a vision in his right eye due to a retinal his right eye is 20/20 and in his left eye, commercial vehicle safely.’’ Mr. Flick detachment in 2015. The visual acuity no light perception. Following an reported that he has driven straight in his right eye is no light perception, examination in 2018, his optometrist trucks for 15 years, accumulating and in his left eye, 20/20. Following an stated, ‘‘It is my medical opinion that 150,000 miles. He holds an operator’s examination in 2018, his optometrist Clay has safely operated commercial license from Illinois. His driving record stated, ‘‘In my professional opinion, Mr. vehicles with this condition for many for the last three years shows no crashes Roger Ridder has sufficient vision to years and that his vision is sufficient to and no convictions for moving perform the driving tasks required to perform the driving tasks required to violations in a CMV. operate a commercial vehicle.’’ Mr. operate a commercial vehicle.’’ Mr. Ridder reported that he has driven Applegarth reported that he has driven Ismael Gonzalez straight trucks for 35 years, tractor-trailer combinations for 25 years, accumulating 105,000 miles, and accumulating 3.75 million miles. He Mr. Gonzalez, 59, has had amblyopia tractor-trailer combinations for 30 years, holds a Class A CDL from Colorado. His in his left eye since childhood. The accumulating 60,000 miles. He holds an driving record for the last three years visual acuity in his right eye is 20/20, operator’s license from Kansas. His shows no crashes and one conviction for and in his left eye, 20/400. Following an driving record for the last three years a moving violation in a CMV; drove a examination in 2018, his shows no crashes and no convictions for defective/unsafe vehicle. ophthalmologist stated, ‘‘In my medical moving violations in a CMV. opinion, Ismael Gonzalez has sufficient Anthony J. Cesternino vision to perform driving tasks required Cody R.E. Zeigler Mr. Cesternino, 72, had an to operate a commercial vehicle.’’ Mr. Mr. Zeigler, 26, has had optic enucleation of his left eye due to a Gonzalez reported that he has driven neuropathy in his right eye since 2015. traumatic incident in childhood. The straight trucks for 25 years, The visual acuity in his right eye is 20/ visual acuity in his right eye is 20/20, accumulating 650,000 miles. He holds a 100, and in his left eye, 20/25. and in his left eye, no light perception. Class B CDL from New Jersey. His Following an examination in 2018, his Following an examination in 2019, his driving record for the last three years optometrist stated, ‘‘I certify in my optometrist stated, ‘‘I certify that in my shows no crashes and no convictions for medical opinion you [sic] have medical opinion, Mr. Cesternino has moving violations in a CMV. sufficient vision in your left eye to

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perform the driving tasks required to 2019–0069 using any of the following Federal Motor Carrier Safety operate a commercial vehicle as stated methods: Administration, 1200 New Jersey in the FMCSA visual standards.’’ Mr. • Website: http:// Avenue SE, Washington, DC 20590– Zeigler reported that he has driven www.regulations.gov. Follow the 0001. straight trucks for six years, instructions for submitting comments SUPPLEMENTARY INFORMATION: accumulating 120,000 miles. He holds on the Federal electronic docket site. an operator’s license from Pennsylvania. • Fax: 1–202–493–2251. Background • His driving record for the last three Mail: Docket Management Facility, Under 49 U.S.C. 31315 and 31136(e), years shows no crashes and no U.S. Department of Transportation, FMCSA may grant exemptions from the convictions for moving violations in a Room W12–140, 1200 New Jersey FMCSRs. Pursuant to the implementing CMV. Avenue SE, Washington, DC 20590– regulations, FMCSA must publish a 0001. notice of each exemption request in the IV. Request for Comments • Hand Delivery: Ground Floor, Room Federal Register (49 CFR 381.315(a)). In accordance with 49 U.S.C. 31136(e) W12–140, DOT Building, 1200 New The Agency must provide the public and 31315, FMCSA requests public Jersey Avenue SE, Washington, DC, with an opportunity to inspect the comment from all interested persons on between 9 a.m. and 5 p.m. e.t., Monday– information relevant to the application, the exemption petitions described in Friday, except Federal holidays. including any safety analyses that have this notice. We will consider all Instructions: All submissions must been conducted. The Agency must also comments and material received before include the Agency name and docket provide an opportunity for public the close of business on the closing date number for this notice. For detailed comment on the request. indicated in the dates section of the instructions on submitting comments The Agency reviews the safety notice. and additional information on the analyses and the public comments and Issued on: March 20, 2019. exemption process, see the ‘‘Public determines whether granting the Larry W. Minor, Participation’’ heading below. Note that exemption would likely achieve a level Associate Administrator for Policy. all comments received will be posted of safety equivalent to or greater than without change to http:// the level that would be achieved by the [FR Doc. 2019–05950 Filed 3–27–19; 8:45 am] www.regulations.gov, including any BILLING CODE 4910–EX–P current regulation (49 CFR 381.305). personal information provided. Please The decision of the Agency must be see the ‘‘Privacy Act’’ heading for published in the Federal Register (49 DEPARTMENT OF TRANSPORTATION further information. CFR 381.315(b)). If the Agency denies Docket: For access to the docket to the request, it must state the reason for Federal Motor Carrier Safety read background documents or doing so. If the decision is to grant the Administration comments received, go to http:// exemption, the notice must specify the www.regulations.gov or to Room W12– person or class of persons receiving the 140, DOT Building, 1200 New Jersey [Docket No. FMCSA–2019–0069] exemption and the regulatory provision Avenue SE, Washington, DC, between 9 or provisions from which an exemption Parts and Accessories Necessary for a.m. and 5 p.m., Monday through is granted. The notice must specify the Safe Operation; Application for an Friday, except Federal holidays. effective period of the exemption (up to Exemption From Charles Machine Privacy Act: In accordance with 5 5 years) and explain the terms and Works Inc. U.S.C. 553(c), DOT solicits comments conditions of the exemption. The from the public to better inform its exemption may be renewed (49 CFR AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these 381.315(c) and 49 CFR 381.300(b)). Administration (FMCSA), DOT. comments, without edit, including any ACTION: Notice of application for personal information the commenter CMW’s Application for Exemption exemption; request for comments. provides, to www.regulations.gov, as CMW has applied for an exemption described in the system of records from 49 CFR 393.65(d) to allow the use SUMMARY: The Federal Motor Carrier notice (DOT/ALL–14 FDMS), which can of gravity or syphon fed fuel systems for Safety Administration (FMCSA) be reviewed at www.dot.gov/privacy. auxiliary equipment installed on or requests public comment on Charles Public participation: The http:// used in connection with CMVs that Machine Works, Inc.’s (CMW) www.regulations.gov website is operate only when the CMV is not application for an exemption from the generally available 24 hours each day, operating on the highway. A copy of the Agency’s prohibition against the use of 365 days each year. You may find application is included in the docket gravity or syphon-fed fuel systems for electronic submission and retrieval help referenced at the beginning of this auxiliary equipment installed on or and guidelines under the ‘‘help’’ section notice. used in connection with commercial of the http://www.regulations.gov Section 393.65 of the FMCSRs motor vehicles (CMVs). CMW believes website as well as the DOT’s http:// prescribes certain requirements that are that the use of gravity or syphon-fed fuel docketsinfo.dot.gov website. If you applicable to all CMV fuel systems. The systems for auxiliary equipment that would like notification that we received requirements in this section apply to operates only when the CMV is parked your comments, please include a self- systems for containing and supplying would maintain a level of safety that is addressed, stamped envelope or fuel for the operation of (1) motor equivalent to, or greater than, the level postcard or print the acknowledgment vehicles or (2) auxiliary equipment that it would achieve without the page that appears after submitting installed on, or used in connection with, requested exemption. comments online. motor vehicles. Section 393.65(d) DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. prohibits a fuel system from supplying or before April 29, 2019. Luke W. Loy, Vehicle and Roadside fuel by gravity or syphon feed directly ADDRESSES: You may submit comments Operations Division, Office of Carrier, to the carburetor or injector. bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, CMW is a family of companies System (FDMS) Docket ID FMCSA– (202) 366–0676, [email protected], focused on the installation,

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maintenance, rehabilitation, and safety that is equivalent to or greater an exemption from the hours-of-service replacement of underground pipe and than the level of safety achieved without electronic logging device rule. Due to an cable for the telecom, oil, electricity, the exemption because the auxiliary error, the name of the first applicant gas, water, and wastewater industries. equipment will not be operating while listed in that publication was twice Its family of companies includes Ditch the CMV is operating on the highway. misstated. This notice makes it clear Witch®, Subsite® Electronics, DW/ CMW ‘‘believes that because the engine that the name of the first applicant is TXS®, HammerHead®, Radius® HDD, on the auxiliary equipment will not be Power & Communication Contractors American Augers®, Trencor® and MTI® operating while the CMV is traveling on Association. Equipment. CMW designs, the highway, so the potential risk of DATES: Applicable on December 7, 2018. manufactures and sells a range of gravity fed fuel systems leaking on a hot FOR FURTHER INFORMATION CONTACT: For products to cover the full life-cycle of or operating engine will not be possible, information concerning this notice, underground pipe and cable, including thereby eliminating the possibility of contact Ms. Pearlie Robinson, FMCSA horizontal directional drills, walk and fire from the auxiliary equipment.’’ Driver and Carrier Operations Division; ride trenchers, utility loaders, vacuum Request for Comments Office of Carrier, Driver and Vehicle excavators, asset locators, pipe Safety Standards; Telephone: (202) 366– rehabilitation solutions and after-market In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public 4225. Email: [email protected]. If you tools. have questions on viewing or submitting Some of the equipment designed and comment from all interested persons on material to the docket, contact Docket manufactured by CMW utilize small, CMW’s application for an exemption Services, telephone (202) 366–9826. commercially available internal from the requirements of 49 CFR combustion engines to power auxiliary 393.65(d). All comments received before SUPPLEMENTARY INFORMATION: equipment that is permanently mounted the close of business on the comment Correction on a CMV. CMW states that while closing date indicated at the beginning In the Federal Register of December 7, auxiliary equipment that is permanently of this notice will be considered and 2018, correct page 63194 as follows: In mounted to CMVs is considered part of will be available for examination in the the first column, correct the name of the the CMV and subject to the docket at the location listed under the first applicant listed in the Summary requirements of 49 CFR 393.65(d), it ADDRESSES section of this notice. second sentence to read ‘‘Power & ‘‘has identified that currently there is Comments received after the comment Communication Contractors uneven roadside enforcement with closing date will be filed in the public Association.’’ In the third column, regard to the use of gravity fed fuel docket and will be considered to the correct the subheading to read, ‘‘Power tanks on auxiliary equipment installed extent practicable. In addition to late & Communication Contractors on or used in connection with comments, FMCSA will also continue to Association.’’ commercial motor vehicles.’’ file, in the public docket, relevant In support of its application, CMW information that becomes available after Issued on: March 20, 2019. states: the comment closing date. Interested Larry W. Minor, Most small commercially available internal persons should continue to examine the Associate Administrator for Policy. combustion engines used on auxiliary public docket for new material. [FR Doc. 2019–05951 Filed 3–27–19; 8:45 am] equipment are equipped from the factory Issued on: March 21, 2019. BILLING CODE 4910–EX–P with gravity fed fuel tanks attached to the Larry W. Minor, engine . . . The cost of modifying these Associate Administrator for Policy. small internal combustion engines to remove DEPARTMENT OF TRANSPORTATION the fuel tank from the engine and to re- [FR Doc. 2019–05952 Filed 3–27–19; 8:45 am] engineer the fuel delivery system to use a BILLING CODE 4910–EX–P Federal Motor Carrier Safety fuel pump to pump fuel from the now removed fuel tank to the internal combustion Administration engine requires electrical wiring to be run DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2018–0320] from the commercial motor vehicle to operate the fuel pump. Manufacturers who have gone Federal Motor Carrier Safety Qualification of Drivers; Exemption to this additional expense, question the Applications; Narcolepsy reasoning of removing the fuel tank from Administration above the engine and placing it beside the [Dockets No. FMCSA–2017–0243, FMCSA– AGENCY: Federal Motor Carrier Safety engine and equipping the system with a fuel 2017–0296, FMCSA–2017–0337, FMCSA– Administration (FMCSA), DOT. pump to transfer fuel from the tank to the 2017–0340, FMCSA–2017–0342, FMCSA– ACTION: Notice of denial. engine. Since the auxiliary equipment only 2017–0356, FMCSA–2017–0361, FMCSA– operates when the CMV is not operating on 2017–0373, FMCSA–2018–0003, FMCSA– SUMMARY: FMCSA announces its the highway there does not seem to be any 2017–0336] decision to deny the application from legitimate safety reason for this requirement. A review of previous Federal Register one individual who requested an Hours of Service (HOS) of Drivers; exemption from the Federal Motor notices does not describe why this Applications for Exemption From the requirement was added for fuel systems for Carrier Safety Regulations (FMCSRs) auxiliary equipment on commercial motor Electronic Logging Device Rule prohibiting operation of a commercial vehicles, when this equipment is not AGENCY: Federal Motor Carrier Safety motor vehicle (CMV) in interstate operating while the CMV is operating on the Administration (FMCSA), DOT. commerce by persons with either a highway. ACTION: Notice of final disposition: clinical diagnosis of epilepsy or any The exemption would permit CMW Denial of applications for exemption; other condition that is likely to cause a and all other CMV operators to utilize correction. loss of consciousness or any loss of auxiliary equipment with gravity fed ability to control a CMV, or a mental, fuel systems when the CMV is not SUMMARY: The Federal Motor Carrier nervous, organic, or functional disease operating on the highway. CMW Safety Administration published its or psychiatric disorder likely to interfere believes that granting the temporary decision in the Federal Register of with his/her ability to drive a exemption will maintain a level of December 7, 2018, to deny 10 applicants commercial motor vehicle safely.

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FOR FURTHER INFORMATION CONTACT: Ms. this proceeding. Of the four comments FMCSA has published advisory Christine A. Hydock, Chief, Medical received, two were duplicate comments criteria to assist medical examiners in Programs Division, (202) 366–4001, received from the applicant, and one determining whether drivers with [email protected], FMCSA, comment was received from a private certain medical conditions are qualified Department of Transportation, 1200 citizen. These commenters were in to operate a CMV in interstate New Jersey Avenue SE, Room W64–224, support of granting an exemption based commerce. [49 CFR part 391, Washington, DC 20590–0001. Office on the applicant’s driving history. The APPENDIX A TO PART 391—MEDICAL hours are from 8:30 a.m. to 5 p.m., ET, fourth commenter, the American ADVISORY CRITERIA, section H. Monday through Friday, except Federal Academy of Sleep Medicine (AASM) Epilepsy: § 391.41(b)(8), paragraphs 3, 4, holidays. If you have questions commented that the Agency should not and 5.] The advisory criteria for 49 CFR regarding viewing or submitting grant an exemption for narcolepsy and 391.41(b)(8), indicates that if an material to the docket, contact Docket outlined nine specific reasons for their individual has had a sudden episode of Services, telephone (202) 366–9826. non-support. Details of the AASM’s a non-epileptic seizure or loss of SUPPLEMENTARY INFORMATION: comments may be found in the docket consciousness of unknown cause that under the comments section. did not require anti-seizure medication, I. Public Participation FMCSA has evaluated the eligibility the decision whether that person’s A. Viewing Documents and Comments of this applicant and concluded that condition is likely to cause the loss of granting the exemption would not consciousness or loss of ability to To view comments, as well as any provide a level of safety that would be control a CMV should be made on an documents mentioned in this notice as equivalent to, or greater than, the level individual basis by the medical being available in the docket, go to of safety that would be obtained by examiner in consultation with the http://www.regulations.gov. Insert the complying with the regulation 49 CFR treating physician. docket number, FMCSA–2018–0320, in 391.41(b)(8) and (b)(9). In those individual cases where a the keyword box, and click ‘‘Search.’’ driver had a seizure or an episode of Next, click the ‘‘Open Docket Folder’’ In reaching the decision to deny these loss of consciousness that resulted from button and choose the document to exemption requests, the Agency a known medical condition (e.g., drug review. If you do not have access to the considered information from the 2009 reaction, high temperature, acute internet, you may view the docket Evidence Report, ‘‘Narcolepsy (with and infectious disease, dehydration, or acute online by visiting the Docket without cataplexy) and Commercial 1 metabolic disturbance), certification Management Facility in Room W12–140 Motor Vehicle Driver Safety ,’’ and the should be deferred until the driver has on the ground floor of the DOT West January 2010 Medical Review Board 2 fully recovered from that condition, has Building, 1200 New Jersey Avenue SE, (MRB) Recommendation that no existing residual complications, and Washington, DC 20590, between 9 a.m. individuals with narcolepsy be is not taking anti-seizure medication. and 5 p.m., ET, Monday through Friday, ineligible for a commercial driver’s except Federal holidays. license, even with treatment. A copy of The advisory criteria for 49 CFR the Evidence Report is included in the 391.41(b)(9), indicates that a variety of B. Privacy Act docket. functional disorders can cause drowsiness, dizziness, confusion, In accordance with 5 U.S.C. 553(c), III. Basis for Exemption Determination DOT solicits comments from the public weakness or paralysis that may lead to to better inform its rulemaking process. Under 49 U.S.C. 31136(e) and incoordination, inattention, loss of DOT posts these comments, without 31315(b), FMCSA may grant an functional control and susceptibility to edit, including any personal information exemption from the FMCSRs if the accidents while driving. the commenter provides, to exemption is likely to achieve a level of Narcolepsy is a chronic neurological www.regulations.gov, as described in safety that is equivalent to, or greater disorder caused by autoimmune the system of records notice (DOT/ALL– than, the level that would be achieved destruction of hypocretin-producing 14 FDMS), which can be reviewed at absent such exemption. neurons inhibiting the brain’s ability to www.dot.gov/privacy. The Agency’s decision regarding these regulate sleep-wake cycles normally. exemption applications is based on an Persons with narcolepsy experience II. Background individualized assessment of each frequent excessive daytime sleepiness, On November 27, 2018, FMCSA applicant’s medical information comparable to how non-narcoleptics published a FR notice (83 FR 60953) provided by the applicant, available feel after 24 to 48 hours of sleep announcing receipt of an application medical and scientific data concerning deprivation, as well as disturbed from one individual with a diagnosis of narcolepsy, and public comments nocturnal sleep, which is often confused narcolepsy and requested comments received. As discussed in the with insomnia. See National Institutes from the public. This individual background section, the Agency of Health (NIH) Narcolepsy Fact Sheet at requested an exemption from 49 CFR considered information from the 2009 www.ninds.nih.gov/disorders/ 391.41(b)(8), which prohibits operation Evidence Report, ‘‘Narcolepsy (with and narcolepsy/detail_narcolepsy.htm. of a CMV in interstate commerce by without cataplexy) and Commercial The 2009 Evidence Report, persons with either a clinical diagnosis Motor Vehicle Driver Safety,’’ and the ‘‘Narcolepsy (with and without of epilepsy or any other condition that January 2010 recommendation that cataplexy) and Commercial Motor is likely to cause a loss of consciousness individuals with narcolepsy be Vehicle Driver Safety,’’ addressed or any loss of ability to control a CMV, ineligible for a commercial driver’s whether or not individuals with and 49 CFR 391.41(b)(9) a mental, license, even with treatment. narcolepsy are at an increased risk for nervous, organic, or functional disease motor vehicle crashes; whether or not or psychiatric disorder likely to interfere 1 Evidence Report: Narcolepsy (with and without currently recommended treatments for with his/her ability to drive a CMV cataplexy) and Commercial Motor Vehicle Driver narcolepsy reduce the risk for motor Safety; October 6, 2009. safely. The public comment period 2 Medical Review Board Meeting; January 6, 2010; vehicle crashes; and the impact of closed on December 27, 2018. Four www.mrb.fmcsa.dot.gov/documents/Final_Jan_6_ various medication therapies for comments were received in response to 2010_MRB_Meeting_Summary.pdf. narcolepsy on driver safety.

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The evidence report reviewed studies narcolepsy be ineligible for a Switzerland. The third meeting will be from the available literature and commercial driver’s license, even with held in preparation to the 27th meeting evaluated outcomes on measures of treatment. of the ICAO DGP (DGP/27) being held Excessive Daytime Sleepiness (EDS), September 9–20, 2019, in Montreal, IV. Conclusion cataplexy, event rate, measures of Canada. Finally, the fourth meeting will cognitive and psychomotor function, The Agency has determined that the be held in preparation to the 56th and driving performance. The currently available medical and scientific session of the UNSCOE TDG being held available direct and indirect evidence literature and research provides December 2–11, 2019, in Geneva, support the contention that drivers with insufficient data to enable the Agency to Switzerland. narcolepsy are at an increased risk for conclude that granting these exemptions Time and Location: Each public a motor vehicle crash when compared to would achieve a level of safety meeting will take place approximately otherwise similar individuals who do equivalent to, or greater than, the level two weeks preceding the international not have the disorder. The direct of safety maintained without the meeting at DOT Headquarters, West evidence from three crash studies exemption. Therefore, the applicant, Building, 1200 New Jersey Avenue SE, conducted of non-CMV drivers showed Terry L. Curtner (IL), has been denied Washington, DC 20590–0001. Specific that individuals with narcolepsy are at an exemption from the physical information for each meeting will be an increased risk for a crash compared qualification standards in 49 CFR posted when available on the PHMSA to individuals who do not have 391.41(b)(8) and (b)(9): website at https://www.phmsa.dot.gov/ The applicant has, prior to this notice, narcolepsy. The indirect evidence from international-program/international- received a letter of final disposition studies of driving tests and driving program-overview under ‘‘Upcoming regarding his exemption request. The simulation examined factors associated Events.’’ This information will include decision letter fully outlined the basis with simulated driving outcomes such the public meeting date, time, for the denial and constitutes final as driving performance, tracking error, conference call-in number, and details action by the Agency. The applicant’s fewer correct responses, and more for advanced registration. instances of going out of bounds information published today compared to healthy controls. While summarizes the Agency’s recent denials FOR FURTHER INFORMATION CONTACT: there are limitations in the quality of the as required under 49 U.S.C. 31315(b)(4). Steven Webb or Aaron Wiener, studies that examined direct crash risk, Issued on: March 20, 2019. International Program Office of Hazardous Materials Safety, Department both the direct and indirect studies Larry W. Minor, of Transportation, Washington, DC showed a strong effect size and Associate Administrator for Policy. statistical significance. The American 20590, (202) 366–8553. [FR Doc. 2019–05949 Filed 3–27–19; 8:45 am] Academy of Sleep Medicine (AASM) SUPPLEMENTARY INFORMATION: BILLING CODE 4910–EX–P and the European Federation of The purpose of PHMSA’s public Neurological Societies recommend meetings is to allow the public a chance modafinil as the first treatment option DEPARTMENT OF TRANSPORTATION to give input on the current meeting and methylphenidate as the second proposals. treatment option. The AASM also Pipeline and Hazardous Materials The 55th and 56th sessions of the recommends amphetamine, Safety Administration UNSCOE TDG will represent the first methamphetamine, or and second meetings scheduled for the dextroamphetamine as alternative [Docket No. PHMSA–2018–0113; Notice No. 2018–23] 2019–2020 biennium. The UNSCOE treatments. During literature searches, TDG will consider proposals for the no studies that directly examined the Hazardous Materials: Notice of Public 22nd Revised Edition of the United impact of treatment with modafinil, Meetings in 2019 for International Nations Recommendations on the armodafinil, sodium oxybate (used with Standards on the Transport of Transport of Dangerous Goods: Model narcolepsy with cataplexy), or anti- Dangerous Goods Regulations (Model Regulations), which depressants on crash risk or driving may be implemented into relevant performance were identified. Therefore, AGENCY: Pipeline and Hazardous domestic, regional, and international conclusions regarding treatment with Materials Safety Administration regulations starting January 1, 2023. these medications on crash risk and (PHMSA), Department of Transportation driving performance could not be made. (DOT). Copies of working documents, informal documents, the agenda, and the post- Currently available evidence suggests ACTION: Notice of 2019 public meetings. that amphetamines and/or meeting final report may be obtained methylphenidate are effective in SUMMARY: This notice announces that from the United Nations Transport improving symptoms of EDS in PHMSA will host four public meetings Division’s website at http:// individuals with narcolepsy (quality of during 2019 in advance of certain www.unece.org/trans/danger/ studies range from ‘‘moderate to low’’). international meetings. For each of these danger.html. However, these improvements do not meetings, PHMSA will solicit public The ICAO WG/19 and DGP/27 result in levels of daytime sleepiness input on current proposals. The first meetings will represent the second and that can be considered to be normal in meeting will be held in preparation to third meetings of the 2018–2019 the vast majority of individuals. the International Civil Aviation biennium. The ICAO DGP will consider Therefore, conclusions regarding to the Organization’s (ICAO) Dangerous Goods proposals for the 2021–2022 edition of impact of treatment with amphetamines, Panel (DGP) Working Group 19 meeting the Technical Instructions for the Safe methylphenidate, or other related (WG/19) being held April 1–5, 2019, in Transport of Dangerous Goods by Air stimulant drugs on cognitive and Montreal, Canada. The second meeting (Doc 9284). Copies of working papers, psychomotor function among will be held in preparation to the 55th information papers, the agenda, and the individuals with narcolepsy could not session of the United Nations Sub- post-meeting final report may be be made. Committee of Experts on the Transport obtained from the ICAO DGP website at In January 2010, the FMCSA’s MRB of Dangerous Goods (UNSCOE TDG) https://www.icao.int/safety/Dangerous recommended that individuals with being held July 1–5, 2019, in Geneva, Goods/Pages/DGPMeetings.aspx.

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Signed on March 22, 2019, at Washington, Information Officer, Office of the respondents who have experience with DC. Secretary, U.S. Department of the program or may have experience William S. Schoonover, Transportation, 1200 New Jersey with the program in the near future. Associate Administrator for Hazardous Avenue SE, Washington, DC 20590, • Personally identifiable information Materials Safety, Pipeline and Hazardous 202–366–1965 (Voice), 202–366–7870 (PII) is collected only to the extent Materials Safety Administration. (Fax), or [email protected] necessary and is not retained. [FR Doc. 2019–05892 Filed 3–27–19; 8:45 am] (Email). • Information gathered is intended to BILLING CODE 4910–60–P SUPPLEMENTARY INFORMATION: be used only internally for general Title: Fast Track Generic Clearance for service improvement and program the Collection of Qualitative Feedback DEPARTMENT OF TRANSPORTATION management purposes and is not on Agency Service Delivery. intended for release outside of the Office of the Secretary Abstract: The information collection Department (if released, the Department activity will garner qualitative customer must indicate the qualitative nature of [Docket No. DOT–OST–2015–0194] and stakeholder feedback in an efficient, the information). timely manner, in accordance with the Fast Track Generic Clearance for the Department’s commitment to improving This type of generic clearance for Collection of Qualitative Feedback on service delivery. By qualitative feedback qualitative information will not be used Agency Service Delivery we mean information that provides for quantitative information collections that are designed to yield reliably AGENCY: Office of the Secretary (OST), useful insights on perceptions and actionable results, such as monitoring Department of Transportation (DOT). opinions, but are not statistical surveys trends over time or documenting ACTION: Notice and request for that yield quantitative results that can be generalized to the population of program performance. Such data uses comments on revision of a previously require more rigorous designs that approved ICR. study. This feedback will provide insight into customer or stakeholder address: The target population to which SUMMARY: In accordance with the perceptions, opinions, experiences and generalizations will be made, the Paperwork Reduction Act of 1995, the expectations, provide an early warning sampling frame, the sample design Department of Transportation’s (DOT) of issues with service, or focus attention (including stratification and clustering), Office of the Secretary (OST) announces on areas where communication, training the precision requirements or power its plan to submit the Information or changes in operations might improve calculations that justify the proposed Collection Request (ICR) described delivery of products or services. These sample size, the expected response rate, below to the Office of Management and collections will allow for ongoing, methods for assessing potential Budget (OMB) for its review and collaborative and actionable nonresponse bias, the protocols for data approval and invites public comment. communications between the collection, and any testing procedures Executive Order 12862 directs Federal Department of Transportation and its that were or will be undertaken prior to agencies to provide service to the public customers and stakeholders. It will also fielding the study. Depending on the that matches or exceeds the best service allow feedback to contribute directly to degree of influence the results are likely available in the private sector. In order the improvement of program to have, such collections may still be to work continuously to ensure that our management. Feedback or information eligible for submission for other generic programs are effective and meet our collected under this generic clearance mechanisms that are designed to yield customers’ needs, the Department of will provide useful information, but it quantitative results. Transportation (DOT) seeks a revision to will not yield data that can be Type of Review: Revision of a a fast track generic clearance generalized to the overall population. previously approved ICR. information collection request already The Department seeks a revision to a Affected Public: Individuals and fast track generic clearance information approved by OMB. OST requests households, businesses and collection request already approved by revision of ICR with OMB Control organizations, State, Local or Tribal OMB. Existence of Fast Track option for Number: 2105–0573 as described below. Governments. DATES: Comments on this notice must be conducting surveys has caused a sudden Estimated Number of Respondents: received by May 28, 2019. increase in number of surveys. OST has 240,000. ADDRESSES: Your comments should be already used the 2000 burden hours identified by Docket No. DOT–OST– previously approved. OST requests Estimated Annual Responses: 80,000. 2015–0194 and may be submitted increasing the total burden hours to Estimated Annual Burden Hours: through one of the following methods: 60,000. 20,000 hours. The Department will submit a • Federal eRulemaking Portal: http:// Frequency: One-time requirement. www.regulations.gov. Follow the online collection for approval under this generic clearance if it meets the Annual burden hours = (80,000 instructions for submitting comments. responses) × (15 minutes) = 1,200,000 • Fax: 1–202–493–2251. following conditions: • • The collections are voluntary. min = 20,000 hours. Mail or Hand Delivery: Docket • Management Facility, U.S. Department The collections are low-burden for Total burden hours for 3 years = × of Transportation, 1200 New Jersey respondents (based on considerations of 20,000 3 = 60,000 hours. Avenue SE, West Building, Room W12– total burden hours, total number of Total respondents = 80,000 (each 140, Washington, DC 20590, between 9 respondents, or burden-hours per year) × 3 = 240,000. respondent) and are low-cost for both a.m. and 5 p.m., Monday through Issued in Washington, DC. Friday, except on Federal holidays. the respondents and the Federal Government. Habib Azarsina, All written comments will be available • The collections are OST Paperwork Reduction Act Clearance for public inspection on noncontroversial and do not raise issues Officer, Office of the Chief Information Regulations.gov. of concern to other Federal agencies. Officer. FOR FURTHER INFORMATION CONTACT: • Any collection is targeted to the [FR Doc. 2019–05973 Filed 3–27–19; 8:45 am] Habib Azarsina, Office of the Chief solicitation of opinions from BILLING CODE 4910–9X–P

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DEPARTMENT OF THE TREASURY information collections described in it requirements, questionnaires, or and any associated instructions, and any surveys: Alcohol and Tobacco Tax and Trade comments received in response to this OMB Control No. 1513–0010 Bureau document by contacting Michael Hoover at the addresses or telephone number Title: Formula and Process for Wine. [Docket No. TTB–2019–0001] shown below. TTB Form Number: TTB F 5120.29. Abstract: Under the authority of the Proposed Information Collections; FOR FURTHER INFORMATION CONTACT: Internal Revenue Code (IRC) at 26 Comment Request (No. 73) Michael Hoover, Regulations and Rulings Division, Alcohol and Tobacco U.S.C. 5361, 5362, and 5386–5388, TTB AGENCY: Alcohol and Tobacco Tax and Tax and Trade Bureau, 1310 G Street regulations in 27 CFR parts 24 and 26 Trade Bureau (TTB); Treasury. NW, Box 12, Washington, DC 20005; require persons who intend to produce ACTION: Notice and request for 202–453–1039, ext. 135; or special natural wine, agricultural wine, comments. [email protected] (please other than standard wine, or do not submit comments to this email nonbeverage wine to obtain TTB’s prior SUMMARY: As part of our continuing address). approval of the formulas by which such effort to reduce paperwork and products will be made. Such persons respondent burden, and as required by SUPPLEMENTARY INFORMATION: may file formula approval requests the Paperwork Reduction Act of 1995, Request for Comments using TTB F 5120.29, which describes we invite comments on the proposed or the type of product and the formula and The Department of the Treasury and continuing information collections process by which it will be made. TTB its Alcohol and Tobacco Tax and Trade listed below in this notice. uses the collected information to ensure Bureau (TTB), as part of their compliance with Federal law, including DATES: We must receive your written continuing effort to reduce paperwork ensuring that nonbeverage wines comments on or before May 28, 2019. and respondent burden, invite the withdrawn free of tax under 26 U.S.C. ADDRESSES: As described below, you general public and other Federal 5362(d) are rendered unfit for beverage may send comments on the information agencies to comment on the proposed or collections described in this document use. continuing information collections Current Actions: TTB is submitting using the ‘‘Regulations.gov’’ online described below in this notice, as this information collection for extension comment form for this document, or you required by the Paperwork Reduction purposes only, and there are no changes may send written comments via U.S. Act of 1995 (44 U.S.C. 3501 et seq.). to the collection or its related form. mail or hand delivery. We no longer Comments submitted in response to However, due to changes in agency accept public comments via email or this notice will be included or estimates, TTB is increasing the average fax. summarized in our request for Office of number of responses submitted • Internet: To submit comments Management and Budget (OMB) annually by each respondent and the online, use the comment form for this approval of the relevant information estimated total annual burden for this document posted within Docket No. collection. All comments are part of the information collection. TTB–2019–0001 on the public record and subject to disclosure. Type of Review: Extension of a ‘‘Regulations.gov’’ e-rulemaking website Please do not include any confidential currently-approved collection. at https://www.regulations.gov; or inappropriate material in your Affected Public: Businesses or other • U.S. Mail: Send comments to the comments. for-profits. Paperwork Reduction Act Officer, We invite comments on: (a) Whether Regulations and Rulings Division, this information collection is necessary Estimated Annual Burden Alcohol and Tobacco Tax and Trade for the proper performance of the • Number of Respondents: 30. Bureau, 1310 G Street NW, Box 12, agency’s functions, including whether • Average Responses per Respondent: Washington, DC 20005. the information has practical utility; (b) 5 (on occasion). • Hand Delivery/Courier: Delivery the accuracy of the agency’s estimate of • Number of Responses: 150. comments to the Paper Reduction Act the information collection’s burden; (c) • Average Per-Response Burden: 2 Officer, Regulations and Rulings ways to enhance the quality, utility, and hours. Division, Alcohol and Tobacco Tax and clarity of the information collected; (d) • Total Burden: 300 hours. Trade Bureau, 1310 G Street NW, Suite ways to minimize the information 400, Washington, DC 20005. collection’s burden on respondents, OMB Control No. 1513–0011 Please submit separate comments for including through the use of automated Title: Formula and/or Process for each specific information collection collection techniques or other forms of Articles Made with Specially Denatured described in this document. You must information technology; and (e) Spirits. reference the information collection’s estimates of capital or start-up costs and TTB Form Number: TTB F 5150.19. title, form or recordkeeping requirement costs of operation, maintenance, and Abstract: In general, under the IRC at number, and OMB control number (if purchase of services to provide the 26 U.S.C. 5214, distilled spirits used in any) in your comment. requested information. the manufacture of nonbeverage articles You may view copies of this An agency may not conduct or are not subject to Federal excise tax, document, the information collections sponsor, and a person is not required to and, under 26 U.S.C. 5273, persons who described in it and any associated respond to, a collection of information intend to produce such articles using instructions, and all comments received unless the collection of information has specially denatured distilled spirits in response to this document within a valid OMB control number. (SDS) must obtain prior approval of Docket No. TTB–2019–0001 at https:// their formulas and manufacturing www.regulations.gov. A link to that Information Collections Open for processes. For medicinal preparations docket is posted on the TTB website at Comment and flavoring extracts intended for https://www.ttb.gov/forms/comment-on- Currently, we are seeking comments internal human use, that section also form.shtml. You may also obtain paper on the following forms, letterhead prohibits SDS from remaining in the copies of this document, the applications or notices, recordkeeping finished articles. Therefore, the TTB

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regulations in 27 CFR part 20 require Current Actions: TTB is submitting • Total Burden: 3,250 hours. persons to file formula and process this information collection for extension OMB Control No. 1513–0024 approval requests, using TTB F 5150.19, purposes only, and there are no changes for articles made with SDS. To protect to the collection or its related form. Title: Report—Export Warehouse the revenue and ensure compliance However, due to change in agency Proprietor. with the IRC and TTB regulations, TTB estimates, TTB is increasing slightly the TTB Form Number: TTB F 5220.4. personnel examine the collected number of annual respondents, Abstract: In general, under chapter 52 information to verify that the described responses, and burden hours reported of the IRC, tobacco products and articles are nonbeverage products made for this information collection. cigarette papers and tubes manufactured in compliance with 26 U.S.C. 5273. TTB Type of Review: Extension of a in, or imported into, the United States field personnel also may compare currently approved collection. are subject to Federal excise tax while manufacturing records to approved Affected Public: Businesses and other tobacco products and cigarette papers formulas to verify that such articles are for-profits. and tubes removed for export, and all processed tobacco, are not subject to being made in accordance with their Estimated Annual Burden approved formulas and processes. that tax. Additionally, the IRC at 26 • Number of Respondents: 3,600. U.S.C. 5722 requires export warehouse Current Actions: TTB is submitting • Average Responses per Respondent: proprietors to provide reports regarding this information collection for extension 1 (once annually). purposes only, and there are no changes • such articles, in such form, at such Number of Responses: 3,600. times, and for such periods as the to the collection, its related form, or its • Average per Response Burden: 18 Secretary prescribes by regulation. estimated burden. minutes. Under that authority, the TTB Type of Review: Extension of a • Total Burden: 1,080 hours. currently approved collection. regulations in 27 CFR part 44 require Affected Public: Businesses and other OMB Control No. 1513–0014 export warehouse proprietors to file a for-profits. Title: Power of Attorney. monthly operations report using TTB F TTB Form Number: TTB F 5000.8. 5220.4, listing the amount of tobacco Estimated Annual Burden Abstract: The IRC at 26 U.S.C. 6061 products, cigarette papers and tubes, • Number of Respondents: 1,132. provides that any return, statement, or and processed tobacco received, • Average Responses per Respondent: other document submitted under the removed, lost, or unaccounted for 1 (on occasion). IRC’s provisions must be signed in during a given month. The collected • Number of Responses: 1,132. accordance with the forms or information is necessary to protect the • Average Per-Response Burden: 44 regulations prescribed by the Secretary. revenue as it allows TTB to detect minutes. Also, the Federal Alcohol diversion of those untaxed articles to • Total Burden: 830 hours. Administration Act (FAA Act) at 27 taxable uses. These reports also allow U.S.C. 204(c) authorizes the Secretary to TTB to verify compliance with Federal OMB Control No. 1513–0012 prescribe the manner and form of laws and regulations related to the Title: User’s Report of Denatured applications for basic permits issued removal and export of such articles. Spirits. under the Act. Under those authorities, Current Actions: TTB is submitting TTB Form Number: TTB F 5150.18. the TTB regulations require individuals this information collection for extension purposes only, and there are no changes Abstract: The IRC at 26 U.S.C. 5214 signing documents and forms filed with to the collection, its related form, or its allows the tax-free withdrawal of TTB on behalf of an applicant or estimated burden. denatured distilled spirits from a principal to have specific authority to Type of Review: Extension of a distilled spirits plant (DSP), and, at 26 do so. As such, applicants and currently approved collection. U.S.C. 5275, it requires persons principals use TTB F 5000.8 to delegate such authority to a designated Affected Public: Businesses or other procuring, dealing in, or using specially for-profits. denatured (SDS), or recovering specially individual and to report that delegation denatured or completely denatured to TTB. Many documents and forms Estimated Annual Burden submitted to TTB are legally binding distilled spirits, to maintain records and • Number of Respondents: 82. file reports as the Secretary of the and have penalties for omissions or • falsification, and TTB uses the collected Average Responses per Respondent: Treasury (Secretary) may prescribe by 12 (monthly). regulation. The TTB regulations in 27 information to determine who legally • represents an applicant or permittee Number of Responses: 984. CFR part 20 require persons who use or • Average per Response Burden: 1 recover SDS or articles, or who use doing business with the agency. Current Actions: TTB is submitting hours. recovered completely denatured spirits • Total Burden: 984 hours. or articles, to file a report once annually this information collection for extension using TTB F 5150.18 to account for their purposes only, and there are no changes OMB Control No. 1513–0029 to the collection, its related form, or its use of such denatured spirits in specific Title: Certificate of Tax estimated burden. approved formulas during the period Determination—Wine. Type of Review: Extension of a July 1 through June 30. The regulations TTB Form Number: TTB F 5120.20. currently approved collection. also require such persons to file a final Affected Public: Businesses or other Abstract: The IRC at 26 U.S.C. 5062 report when discontinuing business. for-profits. authorizes drawback (refund) of the The collected information is necessary Federal excise tax on distilled spirits to protect the revenue as it allows TTB Estimated Annual Burden and wines exported from the United to detect diversion of tax-free denatured • Number of Respondents: 5,000. States, under regulations prescribed by spirits to taxable proposes by users of • Average Responses per Respondent: the Secretary regarding evidence of the such spirits. TTB also uses the required 2 (on occasion). product’s tax payment or determination information to ensure users of such • Number of Responses: 10,000. and exportation. Under that authority, spirits comply with Federal law and • Average per Response Burden: 19.5 the TTB regulations in 27 CFR part 28 regulations. minutes. require drawback claims filed by wine

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exporters to be accompanied by the Type of Review: Extension of a Estimated Annual Burden producer’s or bottler’s certification, filed currently approved collection. • Number of Respondents: 390. on TTB F 5120.20, that the listed wines Affected Public: Businesses and other • Average Responses per Respondent: were produced in the United States and for-profits. 12 (monthly). taxpaid or determined upon • Estimated Annual Burden Number of Responses: 4,680. withdrawal. The collected information • Average per Response Burden: 1 • is necessary to protect the revenue as it Number of Respondents: 2,300. hour (1⁄2 hour of recordkeeping and 1⁄2 allows TTB to prevent the payment of • Average Responses per Respondent: hour of reporting). unverified drawback claims. 12 (monthly). • Total Burden: 4,680 hours. Current Actions: TTB is submitting • Number of Responses: 27,600. OMB Control No. 1513–0060 this information collection for extension • Average per Response Burden: 2 purposes only, and there are no changes hours (1 hour of recordkeeping and 1 Title: Letterhead Applications and to the collection, its related form, or its hour of reporting). Notices Relating to Tax-Free Alcohol estimated burden. • Total Burden: 55,200 hours. (TTB REC 5150/04). Type of Review: Extension of a TTB Recordkeeping Number: REC currently approved collection. OMB Control No. 1513–0049 5150/04. Affected Public: Businesses or other Title: Distilled Spirits Plant Abstract: The IRC at 26 U.S.C. 5214 for-profits. Denaturation Records (TTB REC 5110/ provides for the tax-free withdrawal of Estimated Annual Burden 04), and Monthly Report of Processing distilled spirits from a DSP for certain • Operations. nonbeverage purposes, including for use Number of Respondents: 30. by educational institutions, laboratories, • Average Responses per Respondent: TTB Form Number: TTB F 5110.43. hospitals, clinics, and blood banks, and 33.33 (on occasion). TTB Recordkeeping Number: REC • Number of Responses: 1,000. 5110/04. by State, local, and tribal governments, • Average per Response Burden: 30 Abstract: The IRC, at 26 U.S.C. 5207, subject to regulations prescribed by the minutes. requires distilled spirits plant (DSP) Secretary. Under that authority, the TTB • Total Burden: 500 hours. proprietors to maintain records and regulations in 27 CFR part 22 require submit reports of their production, users of tax-free alcohol to submit OMB Control No. 1513–0039 storage, denaturation, and processing certain letterhead applications and Title: Distilled Spirits Plants activities, and, at 26 U.S.C. 5214, it notices, which serve as qualifying Warehousing Records (TTB REC 5110/ authorizes the withdrawal of denatured documents for specific regulated 02), and Monthly Report of Storage distilled spirits from a DSP free of tax activities or as amendments to Operations. for certain specified uses, all subject previously-filed documents. The TTB Form Number: TTB F 5110.11. regulations prescribed by the Secretary collected information is necessary to TTB Recordkeeping Number: REC of the Treasury. Under those IRC protect the revenue and ensure 5110/02. authorities, the TTB regulations in 27 compliance with Federal laws and Abstract: The IRC at 26 U.S.C. 5207 CFR part 19 require DSP proprietors to regulations regarding tax-free alcohol as requires DSP proprietors to maintain keep certain records regarding their it allows TTB to detect diversion of tax- records and submit reports of their production, loss, receipt, transfer, and free alcohol to taxable beverage use and production, storage, denaturation, and withdrawal of denatured spirits. Using ensure lawful use of such alcohol. In processing activities as required under general, activities posing a greater regulations prescribed by the Secretary. the required records, those regulations also require DSP proprietors to report a jeopardy to the revenue require a Under that IRC authority, the TTB letterhead application and TTB regulations in 27 CFR part 19 require summary of their daily denaturing (processing) activities to TTB on a approval before the respondent begins DSP proprietors to keep certain records the activity, while activities posing less regarding their warehousing operations. monthly basis using form TTB F 5110.43. Because denatured spirits may jeopardy to the revenue require a Those regulations also require DSP letterhead notice stating that the proprietors to report a summary of their be removed from a DSP free of tax, a full accounting of a DSP’s denaturation respondent will undertake the activity. storage operations, based on the Current Actions: TTB is submitting required records, to TTB on a monthly operations is necessary to protect the revenue. The required records and this information collection for extension basis using form TTB F 5110.11. purposes only, and there are no changes Because, under 26 U.S.C. 5005(c), a DSP reports allow TTB to detect and prevent diversion of denatured spirits to taxable to it or its estimated burden. proprietor is liable for the Federal excise Type of Review: Extension of a tax for all distilled spirits stored on the uses, ensure compliance with Federal law and regulations, and compile currently approved collection. plant’s premises, the required records Affected Public: Businesses and other and report are necessary to protect the industry statistics. Current Actions: TTB is submitting for-profits; Not-for-profit institutions; revenue. The required records and State, local, and tribal governments. reports also allow TTB to ensure this information collection for extension compliance with Federal law and purposes only, and there are no changes Estimated Annual Burden regulations. to the collection or its related form. • Number of Respondents: 400. Current Actions: TTB is submitting However, due to continued growth in • Average Responses per Respondent: this information collection for extension the distilled spirits industry, TTB is 1 (on occasion). purposes only, and there are no changes increasing the number of annual • Number of Responses: 400. to the collection or its related form. respondents, responses, and burden • Average per Response Burden: 30 However, due to continued growth in hours reported for this information minutes. the distilled spirits industry, TTB is collection. • Total Burden: 200 hours. increasing the number of annual Type of Review: Extension of a respondents, responses, and burden currently approved collection. OMB Control No. 1513–0066 hours reported for this information Affected Public: Businesses and other Title: Retail Liquor Dealers Records of collection. for-profits. Receipts of Alcoholic Beverages and

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Commercial Invoices (TTB REC 5170/ Requests and Approvals (TTB REC purposes only, and the collection and 03). 5170/6). its estimated burden remain unchanged. TTB Recordkeeping Number: REC TTB Recordkeeping Number: REC Type of Review: Extension of a 5170/03. 5170/6. currently approved collection. Abstract: The IRC at 26 U.S.C. 5122 Abstract: Under the authority of the Affected Public: Businesses and other requires retail alcohol beverage dealers IRC at 26 U.S.C. 5121, the TTB for-profits. regulations in 27 CFR part 31 require to keep records, in the form of books or Estimated Annual Burden commercial invoices, showing all wholesale alcohol dealers to keep • distilled spirits, wines, and beer records of the receipt and disposition of Number of Respondents: 230. • received, and it authorizes the Secretary distilled spirits, subject to regulations Average Responses per Respondent: to issue regulations to require such prescribed by the Secretary. As 1 (on occasion). • dealers to keep disposition records for authorized in the TTB regulations in 27 Number of Responses: 230. • those products for law enforcement or CFR part 31, wholesale alcohol dealers Average per Response Burden: 36 may submit letterhead applications to minutes. revenue protection purposes. In • addition, 26 U.S.C. 5123 requires such TTB requesting approval of variations in Total Burden: 138 hours. dealers to maintain those records at the type and format of such records, and OMB Control No. 1513–0093 their places of business, available for for variations in the place of retention Government inspection during business for those records. TTB review of such Title: Application for Extension of hours, as prescribed by regulation. applications is necessary to determine Time for Payment of Tax. TTB Form Number: TTB F 5600.38. Under those IRC authorities, the TTB that the variance would not jeopardize Abstract: The IRC at 26 U.S.C. 6161 regulations in 27 CFR part 31 require the revenue, be contrary to any authorizes the Secretary to grant retail alcohol beverage dealers to keep provisions of law, or unduly hinder the taxpayers up to 6 months of additional records showing the quantity of all effective administration of the relevant time to pay taxes on any return required distilled spirits, wines, and beer they TTB regulations. under the IRC. Under that authority, receive, along with the date and from Current Actions: TTB is submitting TTB has issued TTB F 5600.38, which who the products were received, as well this information collection for extension taxpayers complete to apply for an as records of all sales of such products purposes only, and the collection and extension of time to pay taxes collected of 20 or more wine gallons made to the its estimated burden remain unchanged. by TTB. The respondent uses that form same person at the same time. In Type of Review: Extension of a to identify the tax payment for which an addition, the regulations require such currently approved collection. extension is requested and explain the dealers to maintain the required records Affected Public: Businesses and other reasons why the payment cannot be and any related supporting documents for-profits. made on time. TTB evaluates the for at least 3 years at their places of Estimated Annual Burden information provided on the form and business or other TTB-approved • Number of Respondents: 10. in any attachments, and it notifies the locations, subject to TTB inspection • Average Responses per Respondent: taxpayer of its decision by returning a during business hours. This information 1 (on occasion). copy of the approved or disapproved collection is necessary to ensure • Number of Responses: 10. form to the taxpayer. compliance with Federal law. The • Average per Response Burden: 30 Current Actions: TTB is submitting recordkeeping requirement consists of minutes. this information collection for extension usual and customary invoices and sales • Total Burden: 5 hours. purposes only, and there are no changes receipts that would be kept in the to the collection, its related form, or its normal course of business. OMB Control No. 1513–0082 estimated burden. Current Actions: TTB is submitting Title: Alternate Methods or Type of Review: Extension of a this information collection for extension Procedures and Emergency Variations currently approved collection. purposes only, and the collection and from Requirements for Exports of Affected Public: Businesses and other its estimated burden remain unchanged. Liquors (TTB REC 5170/7). for-profits. Type of Review: Extension of a TTB Recordkeeping Number: REC currently approved collection. 5170/7. Estimated Annual Burden Affected Public: Businesses and other Abstract: The IRC at 26 U.S.C. 7805 • Number of Respondents: 30. for-profits; State, local, and tribal authorizes the Secretary to issue all • Average Responses per Respondent: governments. needful regulations to implement the 1 (on occasion). IRC. Under that authority, the TTB • Estimated Annual Burden Number of Responses: 30. regulations in 27 CFR part 28 alcohol • Average per Response Burden: 15 • Number of Respondents: 455,000. allow exporters to apply for prior TTB minutes. • Average Responses per Respondent: approval of alternate methods or • Total Burden: 7.5 hours. 1 (ongoing recordkeeping). procedures to, or emergency variances • Number of Responses: 455,000. from, the requirements of that part, OMB Control No. 1513–0097 • Average per Response Burden: other than the giving of a bond or the Title: Notices Relating to Payment of None. payment of tax. TTB review of such Firearms and Ammunition Excise Tax • Total Burden: None. (Per 5 CFR applications is necessary to determine by Electronic Fund Transfer. 1320.3(b)(2), there is no burden that the proposed alternative or variance Abstract: Under the IRC at 26 U.S.C. associated with the collection of usual would not jeopardize the revenue, be 6302, TTB collects the firearms and of customary records kept during the contrary to any provisions of law, or ammunition excise tax (FAET) imposed normal course of business.) unduly hinder the effective by 26 U.S.C. 4181 on the basis of a administration of the relevant TTB return that taxpayers file quarterly. OMB Control No. 1513–0067 regulations. Section 6302 also authorizes the Title: Wholesale Alcohol Dealer Current Actions: TTB is submitting Secretary to issue regulations Recordkeeping Requirement Variance this information collection for extension concerning the payment of taxes by

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electronic funds transfer (EFT). Under • Number of Responses: 3,300. Abstract: Under the IRC at 26 U.S.C. the TTB regulations, taxpayers who • Average per Response Burden: 58 5041(c), certain small wine producers elect to begin or discontinue payment of minutes. are eligible for a tax credit which may those taxes by EFT must furnish a • Total Burden: 3,190 hours. be taken to reduce the Federal excise tax written notice to TTB regarding such OMB Control No. 1513–0100 they pay on wines (including hard actions. TTB uses that information to ciders) removed from their premises anticipate and monitor FAET payment Title: Applications, Notices, and during a calendar year. In addition, to ensure compliance with Federal law. Records Relative to Importation and except during the period of time that Current Actions: TTB is submitting Exportation of Distilled Spirits, Wines, such provisions in section 5041 are this information collection for extension and Beer, Including Puerto Rico and the suspended by the Tax Cuts and Jobs Act purposes only, and the collection and U.S. Virgin Islands. (Pub. L. 115–97), small producers can Abstract: Chapter 51 of the IRC its estimated burden remain unchanged. transfer their tax credit to bonded imposes Federal excise taxes on alcohol Type of Review: Extension of a warehouses that store their wine and beverages imported into the United currently approved collection. ship it on their instructions. Under the States. Such products shown to be Affected Public: Businesses or other TTB regulations, the transferee uses exported from the United States are not for-profits. information provided by the small taxed. In addition, under the IRC at 26 producer to take the appropriate tax Estimated Annual Burden U.S.C. 7652, such products of Puerto credit on behalf of the producer, and the • Rican manufacture brought into the Number of Respondents: 10. producer uses the information to • Average Responses per Respondent: United States for consumption or sale and those coming into the United States monitor its own tax payments to ensure 1 (on occasion). it does not exceed the authorized annual • from the U.S. Virgin Islands are subject Number of Responses: 10. credit. To protect the revenue, TTB uses • Average per Response Burden: 6 to tax equal to the tax imposed in the United States on like products, the collected information to verify minutes. excise tax computations, and to ensure • Total Burden: 1 hour. although, under that section, most of the taxes collected on such products are that wines claimed for this credit were OMB Control No. 1513–0098 returned to the treasuries of the two produced, stored, shipped, and transferred according to Federal laws Title: Supporting Data for governments. Under those authorities, the TTB regulations in 27 parts 26, 27, and regulations. Nonbeverage Drawback Claims. Current Actions: TTB is submitting TTB Form Number: TTB F 5154.2. and 28 require persons exporting or this information collection for extension Abstract: Under the IRC at 26 U.S.C. importing alcohol beverages from Puerto purposes only, and the collection and 5111–5114 and 7652(g), persons using Rico and the U.S. Virgin Islands to file certain letterhead applications and its estimated burden remain unchanged. distilled spirits to produce medicines, Type of Review: Extension of a medicinal preparations, food products, notices, and to keep certain records, regarding such activities. The collected currently approved collection. flavors, flavoring extracts, or perfume Affected Public: Businesses or other information is necessary to protect the may claim drawback (refund) of all but for-profits. $1.00 per proof gallon of the Federal revenue and ensure compliance with excise tax paid on spirits used to make Federal laws and regulations. For Estimated Annual Burden such nonbeverage products, subject to alcohol beverages exported or imported • Number of Respondents: 280. regulations prescribed by the Secretary. from Puerto Rico or the U.S. Virgin • Average Responses per Respondent: As required by the TTB regulations, to Islands, the required information allows 10 (on occasion). support nonbeverage product drawback TTB to trace shipments of such • Number of Responses: 2,800. claims, respondents report certain data products, verify excise tax payments • Average per Response Burden: 1 regarding the spirits used and the and claims for refunds, and calculate hour. products produced. Collection of this payments due to the treasuries of Puerto • Total Burden: 2,800 hours. information is necessary to protect the Rico and the U.S. Virgin Islands. OMB Control No. 1513–0106 revenue as it allows TTB to verify the Current Actions: TTB is submitting validity of excise tax claims. this information collection for extension Title: Record of Operations—Importer Current Actions: TTB is submitting purposes only, and the collection and of Tobacco Products or Processed this information collection for extension its estimated burden remain unchanged. Tobacco. purposes only, and there are no changes Type of Review: Extension of a Abstract: The IRC at 26 U.S.C. 5741 to the collection or its related form. currently approved collection. requires all manufacturers and However, due to change in agency Affected Public: Businesses and other importers of tobacco products, estimates resulting from an increase in for-profits. processed tobacco, or cigarette papers the number of nonbeverage product Estimated Annual Burden and tubes, and all export warehouse drawback claims received, TTB is • proprietors to keep records as the Number of Respondents: 20. Secretary prescribes by regulation, increasing the number of annual • Average Responses per Respondent: subject to government inspection during respondents, responses, and burden 1 (on occasion). hours reported for this information • Number of Responses: 20. business hours. Under that authority, collection. • Average per Response Burden: 9 the TTB regulations in 27 CFR part 41 Type of Review: Extension of a hours. require importers of tobacco products or currently approved collection. • Total Burden: 180 hours. processed tobacco to maintain the usual Affected Public: Businesses or other and customary records kept during the for-profits. OMB Control No. 1513–0104 normal course of business showing the Title: Information Collected in receipt and disposition of imported Estimated Annual Burden Support of the Small Producer’s Wine tobacco products or processed tobacco. • Number of Respondents: 550. Credit (TTB REC 5120/11). The collected information is necessary • Average Responses per Respondent: TTB Recordkeeping Number: REC to protect the revenue as it allows TTB 6 (on occasion). 5120/11. to verify that the appropriate Federal

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excise taxes are paid on imported paperwork and respondent burden, Estimated Time per Response: 13 tobacco products, and it allows TTB to invites the general public and other hours, 47 minutes. detect diversion of processed tobacco, Federal agencies to take this Estimated Total Annual Burden which is not taxed, to taxable tobacco opportunity to comment on proposed Hours: 6,890 hours. product manufacturing. and/or continuing information Current Actions: TTB is submitting collections, as required by the The following paragraph applies to all this information collection for extension Paperwork Reduction Act of 1995. of the collections of information covered purposes only and there are no changes Currently, the IRS is soliciting by this notice: to the collection. However, due to an comments concerning Form 8912, An agency may not conduct or increase in the number of tobacco Credit to Holders of Tax Credit Bonds. sponsor, and a person is not required to importers holding TTB permits, TTB is DATES: Written comments should be respond to, a collection of information increasing the number of annual received on or before May 28, 2019 to unless the collection of information respondents, responses, and burden be assured of consideration. displays a valid OMB control number. hours reported for this information ADDRESSES: Direct all written comments Books or records relating to a collection collection. of information must be retained as long Type of Review: Extension of a to Laurie Brimmer, Internal Revenue currently approved collection. Service, Room 6526, 1111 Constitution as their contents may become material Affected Public: Businesses and other Avenue NW, Washington, DC 20224. in the administration of any internal for-profits. FOR FURTHER INFORMATION CONTACT: revenue law. Generally, tax returns and Requests for additional information or tax return information are confidential, Estimated Annual Burden copies of the revenue procedure should as required by 26 U.S.C. 6103. • Number of Respondents: 495. be directed to LaNita Van Dyke at (202) • Request for Comments: Comments Average Responses per Respondent: 317–6009, at Internal Revenue Service, submitted in response to this notice will 1 (ongoing recordkeeping). Room 6526, 1111 Constitution Avenue • be summarized and/or included in the Number of Responses: 495. NW, Washington, DC 20224, or through • request for OMB approval. All Average per Response Burden: the internet, at [email protected]. None. comments will become a matter of SUPPLEMENTARY INFORMATION: • Total Burden: None. (Per 5 CFR public record. Comments are invited on: Title: Credit to Holders of Tax Credit 1320.3(b)(2), there is no burden (a) Whether the collection of Bonds. associated with the collection of usual information is necessary for the proper OMB Number: 1545–2025. of customary records kept during the performance of the functions of the Form Number: 8912. agency, including whether the normal course of business.) Abstract: Form 8912, Credit to information shall have practical utility; Dated: March 21, 2019. Holders of Tax Credit Bonds, was Amy R. Greenberg, developed to carry out the provisions of (b) the accuracy of the agency’s estimate of the burden of the collection of Director, Regulations and Rulings Division. Internal Revenue Code sections 54 and information; (c) ways to enhance the [FR Doc. 2019–05900 Filed 3–27–19; 8:45 am] 1400N(l). The form provides a means for quality, utility, and clarity of the BILLING CODE 4810–31–P the taxpayer to claim the credit for the following tax credit bonds: Clean information to be collected; (d) ways to renewable energy bond (CREB), New minimize the burden of the collection of DEPARTMENT OF THE TREASURY clean renewable energy bond (NCREB), information on respondents, including Qualified energy conservation bond through the use of automated collection Internal Revenue Service (QECB), Qualified zone academy bond techniques or other forms of information (QZAB), Qualified school construction technology; and (e) estimates of capital Proposed Collection; Comment bond (QSCB), and Build America bond or start-up costs and costs of operation, Request for Form 8912 (BAB). maintenance, and purchase of services AGENCY: Internal Revenue Service (IRS), Current Actions: There is no change to to provide information. Treasury. this form. Approved: March 25, 2019. Type of Review: Extension of a ACTION: Notice and request for Laurie Brimmer, comments. currently approved collection. Affected Public: Businesses and other Senior Tax Analyst. SUMMARY: The Internal Revenue Service, for-profit organizations, Farms. [FR Doc. 2019–05945 Filed 3–27–19; 8:45 am] as part of its continuing effort to reduce Estimated Number of Responses: 500. BILLING CODE 4830–01–P

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Part II

The President

Proclamation 9852—Recognizing the Golan Heights as Part of the State of Israel Notice of March 26, 2019—Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

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Federal Register Presidential Documents Vol. 84, No. 60

Thursday, March 28, 2019

Title 3— Proclamation 9852 of March 25, 2019

The President Recognizing the Golan Heights as Part of the State of Israel

By the President of the United States of America

A Proclamation The State of Israel took control of the Golan Heights in 1967 to safeguard its security from external threats. Today, aggressive acts by Iran and terrorist groups, including Hizballah, in southern Syria continue to make the Golan Heights a potential launching ground for attacks on Israel. Any possible future peace agreement in the region must account for Israel’s need to protect itself from Syria and other regional threats. Based on these unique circumstances, it is therefore appropriate to recognize Israeli sovereignty over the Golan Heights. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim that, the United States recognizes that the Golan Heights are part of the State of Israel. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of March, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.

[FR Doc. 2019–06199 Filed 3–27–19; 11:15 am] Billing code 3295–F9–P

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Notice of March 26, 2019

Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

On April 1, 2015, by Executive Order 13694, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the increasing prevalence and severity of malicious cyber- enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States. On December 28, 2016, the President issued Executive Order 13757 to take additional steps to address the national emergency declared in Executive Order 13694. These significant malicious cyber-enabled activities continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared on April 1, 2015, must continue in effect beyond April 1, 2019. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13694, as amended by Executive Order 13757. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, March 26, 2019. [FR Doc. 2019–06200 Filed 3–27–19; 11:15 am] Billing code 3295–F9–P

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Reader Aids Federal Register Vol. 84, No. 60 Thursday, March 28, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 1216...... 8628 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 Proposed Rules: 8 CFR 1402...... 10439 The United States Government Manual 741–6000 Proposed Rules: Other Services 3 CFR 1003...... 11446 1292...... 11446 Electronic and on-line services (voice) 741–6020 Proclamations: Privacy Act Compilation 741–6050 9845...... 8227 9 CFR 9846...... 8229 9847...... 8241 54...... 11170 ELECTRONIC RESEARCH 9848...... 8583 79...... 11170 316...... 9695 World Wide Web 9849...... 9935 9850...... 10397 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 9851...... 10399 1...... 10721 is located at: www.govinfo.gov. 9852...... 11875 2...... 10721 3...... 10721 Federal Register information and research tools, including Public Executive Orders: 13860...... 8407 50...... 11448 Inspection List and electronic text are located at: 51...... 11448 www.federalregister.gov. 13861...... 8585 13862...... 8789 71...... 11448 E-mail 13863...... 10255 76...... 11448 13864...... 11401 77...... 11448 FEDREGTOC (Daily Federal Register Table of Contents Electronic 78...... 11448 Administrative Orders: Mailing List) is an open e-mail service that provides subscribers 86...... 11448 Notices: with a digital form of the Federal Register Table of Contents. The 93...... 11448 Notice of March 4, digital form of the Federal Register Table of Contents includes 160...... 8476 2019 ...... 7975 HTML and PDF links to the full text of each document. 161...... 8476, 11448 Notice of March 4, 162...... 8476 To join or leave, go to https://public.govdelivery.com/accounts/ 2019 ...... 7977 USGPOOFR/subscriber/new, enter your email address, then Notice of March 5, 10 CFR follow the instructions to join, leave, or manage your 2019 ...... 8245 subscription. Notice of March 26, 72...... 10257 429...... 8411 PENS (Public Law Electronic Notification Service) is an e-mail 2019 ...... 11877 430...... 8411 service that notifies subscribers of recently enacted laws. Orders: Order of March 18, 625...... 8791 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2019 ...... 10401 Proposed Rules: and select Join or leave the list (or change settings); then follow Presidential 40...... 6979 the instructions. Determinations: 73...... 6980, 10269 FEDREGTOC and PENS are mailing lists only. We cannot No. 2019–11 of March 429...... 9910 respond to specific inquiries. 12, 2019 ...... 9691 430...... 9721, 9910 431...... 9721, 9979 Reference questions. Send questions and comments about the 5 CFR Federal Register system to: [email protected] 12 CFR Proposed Rules: The Federal Register staff cannot interpret specific documents or 532...... 8043 45...... 9940 regulations. 225...... 8953 7 CFR 237...... 9940 FEDERAL REGISTER PAGES AND DATE, MARCH 51...... 8589 349...... 9940 52...... 8589 350...... 9698 6953–7260...... 1 10971–11210...... 25 210...... 6953, 8247 624...... 9940 7261–7792...... 4 11211–11404...... 26 235...... 6953, 8247 701...... 10971 7793–7978...... 5 11405–11636...... 27 457...... 11211 1005...... 7979 7979–8244...... 6 11637–11878...... 28 920...... 10257 1209...... 9702 8245–8408...... 7 927...... 9221 1217...... 9702 8409–8588...... 8 929...... 9937 1221...... 9940 8589–8790...... 11 959...... 10665 1248...... 7793 1250...... 9702 8791–8952...... 12 986...... 8409 987...... 9693 1310...... 8958 8953–9220...... 13 1000...... 8590 Proposed Rules: 9221–9450...... 14 1145...... 6961 8...... 10270 9451–9692...... 15 Proposed Rules: 204...... 8829 9693–9934...... 18 54...... 10998 1026...... 8479 9935–10256...... 19 56...... 10998 1310...... 9028 10257–10398...... 20 70...... 10998 10399–10664...... 21 301...... 7304 14 CFR 10665–10970...... 22 1214...... 8627 25...... 8248, 11405

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39 ...... 6962, 7261, 7264, 7266, 22 CFR 550...... 11222 210...... 10685 7269,7272, 7801, 7804, 35...... 9957 553...... 11222 Proposed Rules: 8250, 8591, 8598, 8605, 103...... 9957 723...... 10670 303...... 9053 8795, 8799, 8802, 8805, 127...... 9957 724...... 10670 350...... 9053 8959, 8961, 8963, 8965, 138...... 9957 845...... 10670 355...... 9053 10259, 10403, 10405, 10668, Proposed Rules: 846...... 10670 370...... 9053 11211, 11214, 11637, 11640, 121...... 8486 1241...... 8416 380...... 9053 11642 Proposed Rules: 382...... 9053 71 ...... 6965, 6966, 7274, 7808, 24 CFR 57...... 11028 383...... 9053 8413, 8414, 8415, 10407 28...... 9451 70...... 11028 384...... 9053 73...... 8251 30...... 9451 72...... 11028 385...... 9053 91...... 9705, 9950 87...... 9451 75...... 11028 97 ....9223, 9225, 11408, 11410 180...... 9451 38 CFR Proposed Rules: 3282...... 9451 31 CFR 17...... 7813, 8254 13...... 9724 Proposed Rules: 561...... 9456 Proposed Rules: 39 ...... 6981, 6984, 7832, 7835, 3280...... 10738 566...... 9456 4...... 7844 8482, 8832, 10449, 10735, 3282...... 10738 38...... 11037 11656 32 CFR 71 ...... 6987, 7306, 7308, 7837, 25 CFR 48...... 7810 39 CFR 7839, 8834, 9048, 9260, 575...... 6967 77...... 8809 111...... 9716 10451, 10453, 10455 337...... 6968 3020...... 7815 73...... 7840, 10456 26 CFR 542...... 9962 Proposed Rules: 250...... 11658 1 ...... 7283, 9231, 9959, 10976 562...... 9962 111...... 7005, 9470 5...... 9231 700...... 11413 15 CFR 3050...... 8066 5c ...... 9231 718...... 11224 950...... 11411 5f...... 9231 728...... 11225 40 CFR 7...... 9231 Proposed Rules: 732...... 11225 49...... 7823 774...... 8485 11...... 9231 13...... 9231 33 CFR 50...... 9866 801...... 11256 51...... 8422 930...... 8628 16...... 9231 100 ...7285, 7810, 8607, 10992, 19...... 9231 52 ...... 7299, 7823, 7998, 8257, 11413, 11688 8260, 8422, 8610, 8809, 16 CFR 20...... 9231 110...... 7810, 9458 25...... 9231 8812, 8813, 9240, 10264, Proposed Rules: 117 ...... 8418, 9459, 10411, 10433, 10687, 10692, 11198, 24...... 8045 31...... 9231 10676, 10992, 11694 48...... 9231 11208, 11646, 11652 305...... 9261 147...... 7810, 10992 60...... 8260 436...... 9051 49...... 9231 165 .....6969, 6972, 7285, 7288, 54...... 9231 61...... 8260 7290, 7292, 7810, 7995, 62...... 8001, 8262 17 CFR 55...... 9231 7997, 8252, 8420, 9714, 148...... 9231 63 ...... 7682, 7825, 8260, 9590 270...... 7980 9962, 10262, 10412, 10413, 70...... 8260 274...... 7980 301...... 9231, 11217 10415, 10417, 10420, 10430, 404...... 9231 81...... 8986 10677, 10992, 10993, 11415 180 ...8611, 8820, 9243, 10695, 18 CFR 601...... 9231 402...... 8984 602...... 9231 11416 4...... 7988 Proposed Rules: 271...... 8260, 8988 11...... 7988 Proposed Rules: 100 .....6989, 7310, 8641, 9724, 1 ...... 6988, 8050, 8051, 8188, 281...... 8260 37...... 8156 9727, 9731 8488, 9053, 10274, 11005, 300...... 8989 45...... 7274 117 ...... 6992, 7842, 10745 11009, 11259, 11263, 11686 751...... 11420 46...... 7274 165 .....6994, 8051, 8489, 9468, 20...... 8278 1065...... 9243 157...... 10409 11029, 11035, 11449 301...... 8488, 10274 Proposed Rules: Proposed Rules: 52 ...... 7313, 7846, 7854, 7858, 34 CFR 33...... 7309 27 CFR 8491, 8492, 8643, 8645, 400...... 7294 8647, 8654, 9991, 9993, 19 CFR 447...... 9239 478...... 9239 401...... 7294 9995, 10458, 10461, 10748, 12...... 8807 479...... 9239 402...... 7294 10750, 10753, 11455, 11464, 403...... 7294 Proposed Rules: Proposed Rules: 11695, 11697, 11711 220...... 9273 4...... 9990, 11687 406...... 7294 63...... 8069 5...... 9990, 11687 410...... 7294 80...... 9734, 10584 21 CFR 7...... 9990, 11687 411...... 7294 81...... 8492, 10461 112...... 9706, 11644 14...... 9990, 11687 413...... 7294 174...... 9735, 9737 510...... 8967 19...... 9990, 11687 461...... 6974 180...... 9735, 9737 520...... 8967, 8982 668...... 9964 258...... 8496 522...... 8967 29 CFR 674...... 9964 271...... 7010 524...... 8967 1601...... 10410 682...... 9964 300...... 9073 526...... 8967 4022...... 9454 685...... 9964 721...... 9999 529...... 8967 4044...... 9454 Proposed Rules: 751...... 11466 556...... 8967 Proposed Rules: Ch. III...... 8054, 8059 558...... 8967 541...... 10900 Ch. VI...... 10748 42 CFR 573...... 7991 1206...... 6989 59...... 7714 36 CFR 866...... 9226 1910...... 8633 405...... 9460 882...... 9228 1915...... 8633 Proposed Rules: 410...... 9460 884...... 7993 1917...... 8633 60...... 6996 411...... 9460 Proposed Rules: 1918...... 8633 63...... 6996 414...... 9460 121...... 9987 1926...... 8633 415...... 9460 573...... 9989, 11668 37 CFR 425...... 9460 864...... 8047 30 CFR 201...... 10679, 10685 455...... 10700 900...... 11669 250...... 10989 203...... 10685 495...... 9460

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1007...... 10700 Proposed Rules: 48 CFR 50 CFR Subtitle A ...... 8657 Proposed Rules: 801...... 9968 217...... 8263 156...... 7610 100...... 11473 825...... 9968, 10995 300...... 8624, 9243 Ch. IV...... 8657 170...... 7424 836...... 9968 622 .....7827, 7828, 8825, 8997, 406...... 7610 171...... 7424 842...... 9968 10995, 10996 407...... 7610 1302...... 11269 846...... 9968 635...... 7302, 9719 422...... 7610, 8069 852...... 9968 47 CFR 423...... 7610 853...... 9968 648 .....8625, 8826, 8998, 8995, 431...... 7610 0...... 9463 Proposed Rules: 10267, 10719, 11436 438...... 7610 1...... 8617 Ch. 7 ...... 9739 665...... 11654 457...... 7610 3...... 8994 739...... 10469 679 .....6978, 7303, 8474, 8626, 482...... 7610 27...... 8443 752...... 10469 8828, 9000, 9416, 9466, 485...... 7610 36...... 6977 6106...... 7861 9976, 9978, 10268, 10437, 52...... 11226 11254, 1125, 11655 49 CFR 43 CFR 54...... 8003, 8619 Proposed Rules: 10...... 6975 64 ...... 8457, 10266, 11226 172...... 8006 17...... 9648 73...... 9465, 11233 173...... 8006 18...... 10224 Proposed Rules: 192...... 11253 44 CFR 218...... 7186 1 ...... 8497, 10275, 11723 380...... 8029, 10437 64...... 9966 30...... 11723 383...... 8463 300...... 7323, 9281 206...... 10632 64...... 7315, 9276 384...... 8463 622...... 7864, 11275 73...... 9281, 10275 Proposed Rules: 648...... 8282,10756 45 CFR 76...... 8278 391...... 8497 660...... 9471,10768 1148...... 8003 90...... 10275 555...... 11735 665...... 8835

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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 March 25, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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