Vol. 84 Monday, No. 47 March 11, 2019

Pages 8589–8790

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 47

Monday, March 11, 2019

Agricultural Marketing Service Coast Guard RULES RULES Federal Milk Marketing Orders: Special Local Regulation: Amending the Class I Skim Milk Price Formula, 8590– Gulfport Grand Prix, Boca Ciego Bay, Gulfport, FL, 8607– 8591 8610 Fresh Fruits, Vegetables and Other Products Inspection, PROPOSED RULES Certification and Standards etc.; Removal of Power of Special Local Regulations: Attorney and Other Administrative Changes, 8589– Annual Boyne Thunder Poker Run; Charlevoix, MI, 8590 8641–8642 PROPOSED RULES Christmas Tree Promotion Research, and Information Order; Commerce Department Referendum, 8627 Peanut Promotion, Research and Information Order: See Census Bureau Continuance Referendum, 8628 See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Agriculture Department See Agricultural Marketing Service See Federal Crop Insurance Corporation Commodity Futures Trading Commission See Food Safety and Inspection Service NOTICES See Natural Resources Conservation Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 8696–8698 Agency Information Collection Activities; Proposals, Revised Registration Form, 8671–8696 Submissions, and Approvals, 8661 Defense Department Antitrust Division See Navy Department NOTICES NOTICES Proposed Final Judgment and Competitive Impact Agency Information Collection Activities; Proposals, Statement: Submissions, and Approvals, 8699 United States v. Thales S.A. and Gemalto N.V., 8745– Privacy Act; Systems of Records, 8698 8762 Termination: Government-Industry Advisory Panel, 8698 Census Bureau NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 8666–8668 See Western Area Power Administration NOTICES Centers for Medicare & Medicaid Services Authority to Export Natural Gas, etc.: PROPOSED RULES Venture Global Calcasieu Pass, LLC, 8700 Patient Protection and Affordable Care Act: Increasing Consumer Choice through the Sale of Individual Health Insurance Coverage Across State Environmental Protection Agency Lines Through Health Care Choice Compacts, 8657– RULES 8660 Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; Minor New Source Review, 8610–8611 Children and Families Administration Pesticide Tolerances: NOTICES S-Metolachlor, 8611–8617 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 8720 Air Quality State Implementation Plans; Approvals and Charter Renewal: Promulgations: National Advisory Committee on the Sex Trafficking of Georgia; Interstate Transport (Prongs 1 and 2) for the Children and Youth in the United States, 8720–8721 2010 1-Hour NO2 Standard, 8645–8647 North Carolina; Emission Control Standards, Open Civil Rights Commission Burning, and Miscellaneous Revisions, 8654–8657 NOTICES Oregon: Infrastructure Requirements for the 2015 Ozone Meetings: Standard, 8647–8654 Arizona Advisory Committee, 8665 Tennessee; Interstate Transport (Prongs 1 and 2) for the Kentucky Advisory Committee, 8664–8665 2010 1-Hour NO2 Standard, 8643–8645 New Mexico Advisory Committee, 8665–8666 NOTICES Tennessee Advisory Committee, 8666 Request for Approval of Alternative Means of Emission Virginia Advisory Committee, 8664 Limitation, 8715–8718

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Export-Import Bank Request for Temporary Waiver: NOTICES Sequitur Permian, LLC, 8703 Agency Information Collection Activities; Proposals, Request under Blanket Authorization: Submissions, and Approvals, 8718 Tennessee Gas Pipeline Company, LLC, 8701–8702 Federal Aviation Administration RULES Federal Reserve System Airworthiness Directives: NOTICES Airbus SAS Airplanes, 8598–8604 Agency Information Collection Activities; Proposals, Bombardier, Inc., Airplanes, 8591–8598 Submissions, and Approvals, 8718–8720 Empresa Brasileira de Aeronautica S.A. (Embraer) Change in Bank Control: Airplanes, 8605–8607 Acquisitions of Shares of a Bank or Bank Holding NOTICES Company, 8718 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8778–8779 Federal Transit Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Airport Grants Program, 8779 Extension of Public Scoping Period for the West Seattle Meetings: and Ballard Link Extensions, King County, WA, Research, Engineering and Development Advisory 8781–8782 Committee, 8777 Limitation on Claims Against Proposed Public Petition for Exemption; Summary: Transportation Projects, 8781 Alaska Air Carriers Association, 8780 Debra Plymate, 8779–8780 Mohd Shaikhsorab, 8777–8778 Food and Drug Administration NOTICES Federal Communications Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Closure of FCC Lockbox 979094 Used to File Fees for Export of Medical Devices; Foreign Letters of Approval, Complaint Proceedings Handled by the Enforcement 8727–8728 Bureau, 8617–8619 Healthcare Professional Survey of Professional Connect America Fund, 8619–8624 Prescription Drug Promotion, 8721–8727 Nonprescription Naloxone Labeling Resources, 8728–8729 Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Food Safety and Inspection Service Submissions, and Approvals: NOTICES Interpretations of Statutory and Regulatory Provisions Guideline for Industry Response to Customer Complaints, and Written Interpretations of FCIC Procedures, 8662–8663 8661–8662 Foreign-Trade Zones Board Federal Energy Regulatory Commission NOTICES NOTICES Authorization of Production Activity: Agency Information Collection Activities; Proposals, Jeneil Biotech, Inc., Foreign-Trade Zone 41, Milwaukee, Submissions, and Approvals, 8712–8713 WI, 8668–8669 Application: Guthrie Natural Gas Utility, 8700–8701 Authorization for Continued Project Operation: Health and Human Services Department City of Holyoke Gas and Electric Dept., 8709 See Centers for Medicare & Medicaid Services Goodyear Lake Hydro, LLC, 8709–8710 See Children and Families Administration Combined Filings, 8703–8705, 8710–8711 See Food and Drug Administration Environmental Assessments; Availability, etc.: See Health Resources and Services Administration National Fuel Gas Supply Co., Transcontinental Gas Pipe See National Institutes of Health Line Co., LLC; FM100 Project, Leidy South Project, PROPOSED RULES 8706–8709 Patient Protection and Affordable Care Act: Environmental Site Review: Increasing Consumer Choice through the Sale of Turlock Irrigation District; Modesto Irrigation District, Individual Health Insurance Coverage Across State 8714 Lines Through Health Care Choice Compacts, 8657– Filing: 8660 City of Riverside, CA, 8714 NOTICES Initial Market-Based Rate Filings Including Requests for Agency Information Collection Activities; Proposals, Blanket Section 204 Authorizations: Submissions, and Approvals, 8731 AES ES Gilbert, LLC, 8702 Meetings: Brickyard Hills Project, LLC, 8713 Advisory Committee on Blood and Tissue Safety and Meetings: Availability, 8731–8732 America’s Water Infrastructure Act; Workshop, 8702– Presidential Advisory Council on Combating Antibiotic- 8703 Resistant Bacteria, 8730–8731 Records Governing Off-the-Record Communications, 8711– Secretary’s Advisory Committee on Human Research 8712 Protections, 8732

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Health Resources and Services Administration National Highway Traffic Safety Administration NOTICES NOTICES Low-Income Levels Used for Various Health Professions Decision that Certain Nonconforming Motor Vehicles are and Nursing Programs Authorized in the Public Health Eligible for Importation, 8782–8783 Service Act, 8729–8730 National Institutes of Health Homeland Security Department NOTICES See Coast Guard Meetings: See Transportation Security Administration National Institute of Diabetes and Digestive and Kidney See U.S. Customs and Border Protection Diseases, 8732–8734 See U.S. Immigration and Customs Enforcement National Oceanic and Atmospheric Administration Housing and Urban Development Department RULES NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: Agency Information Collection Activities; Proposals, Pollock in Statistical Area 610 in the Gulf of Alaska, 8626 Submissions, and Approvals: Fisheries of the Northeastern United States: Continuum of Care Program Assistance Grant Atlantic Herring Fishery; 2019 Management Area 2 Sub- Application, 8741–8742 Annual Catch Limit Harvested, 8625–8626 Data Collection for EnVision Center Demonstration Sites, International Affairs: 8739–8741 Antarctic Marine Living Resources Convention Act; Correction, 8624–8625 International Trade Administration PROPOSED RULES NOTICES Procedural Changes to the Coastal Zone Management Act Agency Information Collection Activities; Proposals, Federal Consistency Process, 8628–8633 Submissions, and Approvals: NOTICES Procedures for Importation of Supplies for Use in Meetings: Emergency Relief Work, 8669–8670 Schedules for Atlantic Shark Identification Workshops Determinations in the Less-Than-Fair-Value Investigations: and Safe Handling, Release, and Identification Strontium Chromate from Austria and France, 8669 Workshops, 8670–8671

International Trade Commission National Science Foundation NOTICES NOTICES Complaint: Meetings; Sunshine Act, 8766 Certain Bone Cements, Components Thereof, and Products Containing the Same, 8743–8744 Natural Resources Conservation Service Certain Photovoltaic Cells and Products Containing Same, NOTICES 8744–8745 Review of USDA Natural Resources Conservation Service Complaints: National Conservation Practice Standards, 8663–8664 Certain Vehicle Security and Remote Convenience Systems and Components Thereof, 8742–8743 Navy Department NOTICES Justice Department Certificate of Alternate Compliance: See Antitrust Division USS TRIPOLI, 8699–8700 NOTICES Agency Information Collection Activities; Proposals, Nuclear Regulatory Commission Submissions, and Approvals, 8762–8763 NOTICES Agency Information Collection Activities; Proposals, Exemption and Combined License Amendment: Submissions, and Approvals: Southern Nuclear Operating Company, Inc.; Vogtle Public Safety Officer Medal of Valor, 8763–8764 Electric Generating Plant, Units 3 and 4; Crediting Proposed Consent Decree: Previously Completed First Plant and First Three CERCLA, 8764 Plant Tests; Correction, 8767 Meetings; Sunshine Act, 8766–8767 Labor Department See Occupational Safety and Health Administration Occupational Safety and Health Administration PROPOSED RULES Mississippi River Commission Request for Information: NOTICES Powered Industrial Trucks, 8633–8641 Meetings; Sunshine Act, 8764–8765 Occupational Safety and Health Review Commission National Credit Union Administration NOTICES NOTICES Senior Executive Performance Review Board Membership, Agency Information Collection Activities; Proposals, 8767–8768 Submissions, and Approvals: Joint Standards for Assessing the Diversity Policies and Presidential Documents Practices, 8766 EXECUTIVE ORDERS Proof of Concept Application for New Charter Organizing Defense and National Security: Groups, 8765–8766 U.S. Airstrikes; Revocation of Reporting Requirement (EO Meetings; Sunshine Act, 8765 13862), 8787–8790

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Science and Technology Policy Office Transportation Security Administration NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, National Nanotechnology Initiative, 8768 Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Securities and Exchange Commission Feedback on Agency Service Delivery, 8737–8738 NOTICES Pipeline System Operator Security Information, 8738– Applications: 8739 Macquarie Global Infrastructure Total Return Fund Inc., et al., 8768–8769 U.S. Customs and Border Protection Self-Regulatory Organizations; Proposed Rule Changes: NOTICES ICE Clear Europe, Ltd., 8769–8773 Agency Information Collection Activities; Proposals, NYSE Chicago, Inc., 8773–8774 Submissions, and Approvals: Cargo Container and Road Vehicle Certification for Transport under Customs Seal, 8734 Small Business Administration User Fees, 8734–8735 NOTICES Agency Information Collection Activities; Proposals, U.S. Immigration and Customs Enforcement Submissions, and Approvals, 8775 NOTICES Presidential Declaration of a Major Disaster for Public Agency Information Collection Activities; Proposals, Assistance Only: Submissions, and Approvals: Washington, 8774–8775 Training Plan for Science, Technology, Engineering and Mathematics Optional Practical Training Students, Social Security Administration 8735–8737 NOTICES Agency Information Collection Activities; Proposals, Veterans Affairs Department Submissions, and Approvals, 8775–8776 NOTICES Meetings: Veterans’ Advisory Committee on Rehabilitation, 8786 State Department Requests for Nominations: NOTICES Advisory Committee on Structural Safety of Department Meetings: of Veterans Affairs Facilities, 8785–8786 Cultural Property Advisory Committee, 8776–8777 Request from the Government of the Republic of Chile Western Area Power Administration under Article 9 of the 1970 UNESCO Convention on NOTICES the Means of Prohibiting and Preventing the Illicit Boulder Canyon Project, 8714–8715 Import, Export and Transfer of Ownership of Cultural Property, 8777 Separate Parts In This Issue Transportation Department See Federal Aviation Administration Part II See Federal Transit Administration Presidential Documents, 8787–8790 See National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reader Aids Nondiscrimination on the Basis of Disability in Air Consult the Reader Aids section at the end of this issue for Travel: Reporting Requirements for Disability-Related phone numbers, online resources, finding aids, and notice Complaints, 8784–8785 of recently enacted public laws. Uniform Administrative Requirements for Grants and To subscribe to the Federal Register Table of Contents Cooperative Agreements to State and Local electronic mailing list, go to https://public.govdelivery.com/ Governments and for Grants and Cooperative accounts/USGPOOFR/subscriber/new, enter your e-mail Agreements with Institutions of Higher Education, address, then follow the instructions to join, leave, or and Other Nonprofit Organizations, 8783–8784 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 Executive Orders: 13862...... 8789 7 CFR 51...... 8589 52...... 8589 1000...... 8590 Proposed Rules: 1214...... 8627 1216...... 8628 14 CFR 39 (3 documents) ...8591, 8598, 8605 15 CFR Proposed Rules: 930...... 8628 29 CFR Proposed Rules: 1910...... 8633 1915...... 8633 1917...... 8633 1918...... 8633 1926...... 8633 33 CFR 100...... 8607 Proposed Rules: 100...... 8641 40 CFR 52...... 8610 180...... 8611 Proposed Rules: 52 (4 documents) ...8643, 8645, 8647, 8654 42 CFR Proposed Rules: Chapter IV ...... 8657 45 CFR Proposed Rules: Subtitle A ...... 8657 47 CFR 1...... 8617 54...... 8619 50 CFR 300...... 8624 648...... 8625 679...... 8626

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Rules and Regulations Federal Register Vol. 84, No. 47

Monday, March 11, 2019

This section of the FEDERAL REGISTER U.S.C. 1621–1627) (Act of 1946), as Administrative Procedure Act and contains regulatory documents having general amended, directs and authorizes the Regulatory Flexibility Act applicability and legal effect, most of which Secretary of Agriculture to ‘‘develop and are keyed to and codified in the Code of improve standards of quality, condition, This final rule revises agency rules of Federal Regulations, which is published under quantity, grade, and packaging, and practice and procedure. Under the 50 titles pursuant to 44 U.S.C. 1510. recommend and demonstrate such Administrative Procedure Act, prior The Code of Federal Regulations is sold by standards in order to encourage notice and opportunity for comment are the Superintendent of Documents. uniformity and consistency in not required for the revision of agency commercial practices.’’ Parts 51 and 52 rules of practice and procedure. 5 U.S.C. of title 7 of the Code of Federal 553(b)(3)(A). Only substantive rules DEPARTMENT OF AGRICULTURE Regulations specify the inspection, require publication 30 days prior to certification, and standard requirements their effective date. 5 U.S.C. 553(d). Agricultural Marketing Service for fresh and processed fruit, vegetable, Therefore, this final rule is effective and specialty crops. This action 7 CFR Parts 51 and 52 upon publication in the Federal removes the current language in Register. [Doc. No. AMS–SC–16–0106] §§ 51.19 and 52.18 referencing power of In addition, because prior notice and attorney. Further, language in Fresh Fruits, Vegetables and Other § 51.19(a)(3) will be added to § 52.18 opportunity for comment are not Products Inspection, Certification and and language in part 52 referencing required, this final rule is exempt from Standards and Processed Fruits and ‘‘inspector in charge’’ will be added to the requirements of the Regulatory Vegetables, Processed Products part 51 to make the sections consistent. Flexibility Act, 5 U.S.C. 601, et seq. Thereof, and Certain Other Processed Power of Attorney is an outdated, Paperwork Reduction Act Food Products; Removal of Power of cumbersome tool that increases the cost Attorney and Other Administrative and record retention requirements for This rule contains no information Changes stakeholders when conducting business. collection or recordkeeping We are making these changes to AGENCY: Agricultural Marketing Service, requirements under the Paperwork USDA. eliminate these requirements. This will Reduction Act of 1995 (44 U.S.C. 3501– allow us to provide services to our 3520). ACTION: Final rule. customers faster and without the E-Government Act SUMMARY: This rule modifies regulations financial and record retention burden. and standards issued pursuant to the The functions of the Power of Attorney AMS is committed to complying with are currently done by a Supervisor or Agricultural Marketing Act of 1946 by the E-Government Act to promote the ‘‘inspector in charge’’. removing references to power of use of the internet and other attorney. Further, this rule modifies The Department of Agriculture (USDA) is issuing this rule in information technologies, to provide language to ensure consistency between increased opportunities for citizen the regulations and standards for fresh conformance with Executive Orders 13563, and 13175. This action falls access to Government information and and processed fruits and vegetables. services, and for other purposes. Power of Attorney is an outdated, within a category of regulatory actions cumbersome tool that increases the cost that the Office of Management and USDA has not identified any relevant and record retention requirements for Budget (OMB) exempted from Executive Federal rules that duplicate, overlap, or stakeholders when conducting business. Order 12866 review. Additionally, conflict with this final rule. because this rule does not meet the We are making these changes to List of Subjects eliminate these requirements. This will definition of a significant regulatory allow us to provide services to our action, it does not trigger the 7 CFR Part 51 customers faster and without the requirements contained in Executive financial and record retention burden. Order 13771. See OMB’s Memorandum Food grades and standards, Fruits, The functions of the Power of Attorney titled ‘‘Interim Guidance Implementing Nuts, Reporting and recordkeeping are currently done by a Supervisor or Section 2 of the Executive Order of requirement, Vegetables. ‘‘inspector in charge’’. January 30, 2017, titled ‘Reducing Regulation and Controlling Regulatory 7 CFR Part 52 DATES: Effective March 11, 2019. Costs’’’ (February 2, 2017). Food grades and standards, Food FOR FURTHER INFORMATION CONTACT: This final rule has been reviewed Francisco Grazette, USDA, AMS, SCP, labeling, Frozen foods, Fruit juices, under Executive Order 12988, Civil Fruits, Reporting and recordkeeping SCI Division, 1400 Independence Justice Reform. This rule is not intended requirements, Vegetables. Avenue SW, Room 1536, Stop 0247, to have retroactive effect and does not Washington, DC 20250–0250; preempt any state or local law, For the reasons set forth in the Telephone: (202) 720–5870; Fax: (202) regulation, or policy unless it presents preamble, 7 CFR parts 51 and 52 are 720–0393; Email: francisco.grazette@ an irreconcilable conflict with this rule. amended as follows: ams.usda.gov. There are no administrative procedures ■ 1. The authority citation for parts 51 SUPPLEMENTARY INFORMATION: Section which must be exhausted prior to any 203(c) (7 U.S.C. 1622(c)) of the judicial challenge to the provisions of and 52 continues to read as follows: Agricultural Marketing Act of 1946 (7 this rule. Authority: 7 U.S.C. 1621–1627.

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PART 51—FRESH FRUITS, with the inspection. Whenever a Formulation and Enforcement Division, VEGETABLES AND OTHER certificate is signed by an inspector in USDA/AMS/Dairy Program, STOP 0231, PRODUCTS (INSPECTION, charge, that title must appear in Room 2963, 1400 Independence Ave. CERTIFICATION, AND STANDARDS) connection with the signature. SW, Washington, DC 20250–0231; (b) A certificate of loading shall be telephone: (202) 720–7311; or email: ■ 2. In § 51.19: issued and signed by the inspector or [email protected]. ■ a. Redesignate paragraphs (a) licensed sampler authorized to check SUPPLEMENTARY INFORMATION: On introductory text and (a)(1) through (4) the loading of a specific lot of processed December 20, 2018, the Agriculture as paragraphs (a)(1) introductory text products: Provided, That, another Improvement Act of 2018 (Pub. L. 115– and (a)(1)(i) through (iv), respectively; employee of the inspection service 334)(2018 Farm Bill) amended the ■ b. Revise newly redesignated authorized by the Administrator to act Agricultural Marketing Agreement Act paragraph (a)(1)(ii); in a supervisory capacity or designated of 1937,1 as amended (AMAA), by ■ c. Add the word ‘‘or’’ at the end of as the ‘‘inspector in charge,’’ may sign revising the provision related to paragraph (a)(1)(iii); and such certificate of loading covering any determining the monthly Class I skim ■ d. Designate the undesignated processed product checkloaded by an milk price for Class I milk regulated paragraph following newly redesignated inspector or licensed sampler and under each of the FMMO. Amendment paragraph (a)(1)(iv) as paragraph (a)(2) authorized by the Administrator to affix to the AMAA requires conforming and revise newly designated paragraph the inspector’s or licensed sampler’s changes to the FMMO regulations that (a)(2). signature to a certificate of loading specify the Class I skim milk price The revisions read as follows: which has been prepared in accordance formula. Previously, the regulations § 51.19 Issuance of certificates. with the facts set forth in the notes specified that the Class I skim milk made by the inspector or licensed price was the higher of the monthly (a)(1) * * * sampler in connection with the advanced pricing factors for Class III (ii) An inspector designated by the checkloading of a specific lot of and Class IV skim milk, plus the Administrator as the ‘‘inspector in processed products. applicable adjusted Class I differential. charge,’’ when the certificate represents Dated: February 4, 2019. This rule revises the regulations to composite inspection of several persons; specify that the Class I skim milk price Bruce Summers, * * * * * will be the simple average of the two (2) Provided, That in all cases the Administrator, Agricultural Marketing advanced pricing factors, plus $0.74, Service. inspection certificate shall be prepared plus the applicable adjusted Class I in accordance with the official [FR Doc. 2019–01546 Filed 3–8–19; 8:45 am] differential. In accordance with the 2018 memoranda of the inspector or BILLING CODE 3410–02–P Farm Bill, the amendment is effective inspectors who performed the indefinitely, until further modified, and inspection. may not be modified earlier than two DEPARTMENT OF AGRICULTURE * * * * * years after the effective date of this rule. Agricultural Marketing Service The formula may be modified after the PART 52—PROCESSED FRUITS AND two-year period through the standard VEGETABLES, PROCESSED FMMO amendment process. PRODUCTS THEREOF, AND CERTAIN 7 CFR Part 1000 OTHER PROCESSED FOOD [Docket no. AMS–DA–18–0096] Final Action PRODUCTS In accordance with the 2018 Farm Federal Milk Marketing Orders— Bill, this final rule amends the Class I ■ 3. In § 52.18: Amending the Class I Skim Milk Price skim milk price formula for milk pooled ■ a. Redesignate paragraphs (a) Formula under Federal milk marketing orders. introductory text and (a)(1) through (3) Under the amended price formula, the AGENCY: Agricultural Marketing Service, as paragraphs (a)(1) introductory text Class I skim milk price will be the USDA. and (a)(1)(i) through (iii), respectively; simple average of the monthly advanced ■ b. Revise newly redesignated ACTION: Final rule. pricing factors for Class III and Class IV paragraph (a)(1)(ii); SUMMARY: skim milk, plus $0.74 per cwt, plus the ■ c. Designate the undesignated This final rule amends the Class I skim milk price formula for milk applicable adjusted Class I differential. paragraph following newly redesignated Section 1403(b)(2)(B) of the 2018 pooled under Federal milk marketing paragraph (a)(1)(iii) as paragraph (a)(2) Farm Bill provides that the orders (FMMO) as required by the and revise newly designated paragraph implementation of the regulations to Agriculture Improvement Act of 2018 (a)(2); and amend the Class I skim milk price (2018 Farm Bill). Under the amended ■ d. Revise paragraph (b). formula shall not be subject to the price formula, the Class I skim milk The revisions read as follows: notice and comment requirements of the price will be the simple average of the Administrative Procedure Act (5 U.S.C. § 52.18 Issuance of certificates. monthly advanced pricing factors for 553), the notice and hearing Class III and Class IV skim milk, plus (a)(1) * * * requirements of section 8c(3) of the (ii) Another employee of the $0.74 per cwt, plus the applicable Agricultural Adjustment Act (7 U.S.C. Inspection Service who has been adjusted Class I differential. Prior to this 608c(3)), the order amendment authorized by the Administrator to act amendment, the Class I skim milk price requirements of section 8c(17) of that in a supervisory capacity. was the higher of the two advanced Act (7 U.S.C. 608c(17)), nor a * * * * * pricing factors, plus the applicable referendum under section 8c(19) of the (2) In all cases the inspection adjusted Class I differential. same Act (7 U.S.C. 608c(19)). certificate shall be prepared in DATES: This rule becomes effective May Additionally, this final rule must accordance with the facts set forth in the 1, 2019. become effective on May 1, 2019, as official memoranda made by the FOR FURTHER INFORMATION CONTACT: Erin inspector or inspectors in connection Taylor, Acting Director, Order 1 7 U.S.C 601–674, 7253

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required by section 1403(b)(1) of the plants were regulated by or reported PART 1000—GENERAL PROVISIONS 2018 Farm Bill. AMS, therefore, is their milk receipts to be pooled and OF FEDERAL MILK MARKETING issuing this final rule without prior priced under a FMMO. Of the total, ORDERS notice or public comment. AMS estimates approximately 163 ■ 1. The authority citation for 7 CFR Executive Orders 12866 and 13771 handler plants, or 54 percent, would be considered small businesses. AMS does part 1000 reads as follows: This rule has been determined to be not expect the change in the Class I Authority: 7 U.S.C. 601–674, and 7253 not significant for purposes of Executive price formula to negatively impact small Order 12866, and therefore has not been entities or impair their ability to Subpart G—Class Prices reviewed by the Office of Management compete in the marketplace. and Budget (OMB). In addition, because ■ 2. Section 1000.50 is amended by this rule does not meet the definition of The change in the Class I price revising paragraph (b) to read as follows: a significant regulatory action, it does formula applies uniformly to both large not trigger the requirements contained and small businesses. The dairy § 1000.50 Class prices, component prices, and advanced pricing factors. in Executive Order 13771. See OMB’s industry has calculated that applying Memorandum titled ‘‘Interim Guidance the ‘‘higher of’’ provisions to skim milk * * * * * Implementing Section 2 of the Executive prices has returned a price $0.74 per (b) Class I skim milk price. The Class Order of January 30, 2017, titled hundredweight above the average of the I skim milk price per hundredweight ‘Reducing Regulation and Controlling two factors since the pricing formulas shall be the adjusted Class I differential Regulatory Costs’’’ (February 2, 2017). were implemented in 2000. Thus, the specified in § 1000.52, plus the adjustment to Class I prices specified in Executive Order 12988 inclusion of the $0.74 in the calculation should make the change roughly §§ 1000.51(b), 1006.51(b) and 1007.51(b), plus the simple average of This rule has been reviewed under revenue neutral. At the same time, it is the advanced pricing factors computed Executive Order 12988, Civil Justice anticipated that using the average of the in paragraph (q)(1) and (2) of this Reform. It is not intended to have a Class III and Class IV advanced pricing section, plus $0.74 per hundredweight. retroactive effect. The amendment does factors in the Class I skim milk price not preempt any state or local laws, formula will allow handlers to better * * * * * regulations, or policies, unless they manage volatility in monthly Class I Dated: March 6, 2019. present an irreconcilable conflict with skim milk prices using Class III milk Bruce Summers, this rule. and Class IV milk futures and options. Administrator. Regulatory Flexibility Act and Until now, uncertainty about which [FR Doc. 2019–04347 Filed 3–8–19; 8:45 am] Paperwork Reduction Act Class price will end up being higher BILLING CODE 3410–02–P Pursuant to the requirements set forth each month has made effective hedging in the Regulatory Flexibility Act (RFA) difficult. Amending the Class I skim (5 U.S.C. 601–612), the Agricultural milk price provisions may help small DEPARTMENT OF TRANSPORTATION Marketing Service (AMS) considered the businesses better utilize currently economic impact of this action on small available risk management tools. Federal Aviation Administration entities. Accordingly, AMS prepared AMS is committed to complying with this final regulatory flexibility analysis. the E-Government Act, to promote the 14 CFR Part 39 The purpose of the RFA is to fit use of the internet and other [Docket No. FAA–2018–0710; Product regulatory actions to the scale of information technologies to provide Identifier 2018–NM–079–AD; Amendment businesses subject to such actions so increased opportunities for citizen 39–19574; AD 2019–03–22] that small businesses will not be unduly access to Government information and RIN 2120–AA64 or disproportionately burdened. Small services, and for other purposes. dairy farm businesses have been defined A review of reporting requirements Airworthiness Directives; Bombardier, by the Small Business Administration Inc., Airplanes (SBA) (13 CFR 121.601) as those was completed under the Paperwork businesses having annual gross receipts Reduction Act of 1995 (44 U.S.C. AGENCY: Federal Aviation of less than $750,000. The SBA’s Chapter 35). This final rule will have no Administration (FAA), Department of definition of small agricultural service impact on reporting, recordkeeping, or Transportation (DOT). firms, which includes handlers that are compliance requirements under the ACTION: Final rule. regulated under Federal milk marketing FMMOs because there are no changes to orders, varies depending on the product the current requirements. No new forms SUMMARY: We are adopting a new manufactured. Small fluid milk and ice are added, and no additional reporting airworthiness directive (AD) for certain cream manufacturers are defined as requirements are necessary. This final Bombardier, Inc., Model BD–700–1A10 having 1,000 or fewer employees. Small rule does not require additional and BD–700–1A11 airplanes. This AD butter and dry or condensed dairy information collection beyond that was prompted by in-service findings product manufacturers are defined as currently approved by OMB for FMMOs that a cotter pin at the main fitting joint having 750 or fewer employees. Small (OMB Number 0581–0032—Report of the nose landing gear (NLG) cheese manufacturers are defined as Forms Under the Federal Milk retraction actuator to the NLG strut having 1,250 or fewer employees. Marketing Order Program). showed evidence of shearing after an Based on AMS data, the milk of NLG retraction-extension cycling. This 33,481 U.S. dairy farmers was pooled on List of Subjects in 7 CFR Part 1000 AD requires revision of the existing the FMMO system for the month of May Milk marketing orders. maintenance or inspection program, as 2017. Of that total, AMS estimates that applicable, a general visual inspection 32,958 dairy farmers, or 98 percent, For the reasons set forth in the for damage of a certain cotter pin would be considered small businesses. preamble, 7 CFR part 1000 is amended present on certain configurations of the During the same month, 301 handler as follows: NLG strut assembly and for the

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modification number shown on the in-service findings that a cotter pin at Request To Clarify Effectivity of identification plate for the NLG strut, the main fitting joint of the NLG Inspection and Modification and modification of the NLG retraction retraction actuator to the NLG strut Requirements actuator hardware on any damaged NLG showed evidence of shearing after an NetJets stated that they were not able strut assembly. We are issuing this AD NLG retraction-extension cycling. The to find paragraph 1.A, ‘‘Effectivity,’’ in to address the unsafe condition on these NPRM proposed to require revision of the proposed AD, which was referenced products. the existing maintenance or inspection in paragraph (h)(2) of the proposed AD. DATES: This AD is effective April 15, program, as applicable, a general visual We infer from the commenter’s 2019. inspection for damage of a certain cotter statement that they request the language The Director of the Federal Register pin present on certain configurations of in paragraph (h)(2) of the proposed AD approved the incorporation by reference the NLG strut assembly and for the be revised to clarify the reference to of certain publications listed in this AD modification number shown on the paragraph 1.A, ‘‘Effectivity.’’ We agree as of April 15, 2019. identification plate for the NLG strut, to clarify. Paragraph (h)(2) of the ADDRESSES: For service information and modification of the NLG retraction proposed AD directs operators to the identified in this final rule, contact actuator hardware on any damaged NLG applicable Bombardier service Bombardier, Inc., 400 Coˆte-Vertu Road strut assembly. information specified in figure 2 to West, Dorval, Que´bec H4S 1Y9, Canada; We are issuing this AD to address paragraph (h) of this AD. Each telephone 514–855–5000; fax 514–855– shearing of the cotter pin at the main Bombardier service information 7401; email thd.crj@ fitting joint of the NLG retraction referenced in figure 2 to paragraph (h) aero.bombardier.com; internet http:// actuator to the NLG strut, which could of this AD contains paragraph 1.A, www.bombardier.com. You may view lead to a loss of hardware and result in ‘‘Effectivity,’’ which operators must use this service information at the FAA, an actuator disconnect and the NLG to determine the applicability of the Transport Standards Branch, 2200 failing to retract or extend, or in an actions required in paragraph (h)(1) to South 216th St., Des Moines, WA. For undamped freefall, which could their specific airplane configuration. information on the availability of this adversely affect the airplane’s continued Paragraph 1.A, ‘‘Effectivity,’’ can be material at the FAA, call 206–231–3195. safe flight and landing. found in Paragraph 1, ‘‘Planning It is also available on the internet at Transport Canada Civil Aviation Information,’’ in the applicable http://www.regulations.gov by searching (TCCA), which is the aviation authority Bombardier service information. We for and locating Docket No. FAA–2018– for Canada, has issued Canadian AD have not changed the AD in this regard. 0710. CF–2018–05, dated January 23, 2018 Request To Refer to New Service Examining the AD Docket (referred to after this as the Mandatory Continuing Airworthiness Information, Information You may examine the AD docket on or ‘‘the MCAI’’), to correct an unsafe NetJets observed that the service the internet at http:// condition for certain Bombardier, Inc., information specified in figure 1 to www.regulations.gov by searching for Model BD–700–1A10 and BD–700– paragraph (g) of the proposed AD is out and locating Docket No. FAA–2018– 1A11 airplanes. The MCAI states: of date and requested that we update 0710; or in person at Docket Operations those references to the latest revision. between 9 a.m. and 5 p.m., Monday There have been in-service findings whereby the cotter pin at the retraction Netjets noted that at least one of the through Friday, except Federal holidays. actuator to nose landing gear (NLG) strut service bulletins has been revised since The AD docket contains this final rule, main fitting was observed to be damaged the NPRM was released. the regulatory evaluation, any after a NLG retraction-extension cycling. This We agree with the request to refer to comments received, and other condition could lead to a loss of hardware the latest service information, which information. The address for Docket and result in an actuator disconnect resulting adds a note to clarify the level at which Operations (phone: 800–647–5527) is in a failure to retract or extend, or in an time tracking of non-serialized parts U.S. Department of Transportation, undamped freefall of the NLG [which could should be done, and increases the adversely affect the airplane’s continued safe Docket Operations, M–30, West interval at which certain inspections Building Ground Floor, Room W12–140, flight and landing]. This [Canadian] AD mandates a revision to must be conducted. We have 1200 New Jersey Avenue SE, the approved maintenance schedule. This determined that the revised actions have Washington, DC 20590. [Canadian] AD also mandates a visual no effect on airplanes on which the FOR FURTHER INFORMATION CONTACT: inspection of the cotter pin for certain earlier actions were completed. Each Darren Gassetto, Aerospace Engineer, configurations of NLG strut assembly, and if service bulletin in figure 1 to paragraph Mechanical Systems and Admin found damaged, the incorporation of a (g) of the AD has been revised since the Services Section, FAA, New York ACO modification which introduces a new NPRM was released, and we have Branch, 1600 Stewart Avenue, Suite castellated nut, spacer, end plate and sleeve revised the preamble and figure 1 to to the NLG retraction actuator to main fitting 410, Westbury, NY 11590; telephone joint. paragraph (g) of this AD accordingly. 516–228–7323; fax 516–794–5531; email We have coordinated this with TCCA. [email protected]. You may examine the MCAI in the Because the revised service SUPPLEMENTARY INFORMATION: AD docket on the internet at http:// information does not include any www.regulations.gov by searching for additional actions, we have revised Discussion and locating Docket No. FAA–2018– paragraph (j) of this AD to provide We issued a notice of proposed 0710. credit for specified actions performed before the effective date of this AD in rulemaking (NPRM) to amend 14 CFR Comments part 39 by adding an AD that would accordance with Airworthiness apply to certain Bombardier, Inc., Model We gave the public the opportunity to Limitation (AWL) Task 32–33–01–111, BD–700–1A10 and BD–700–1A11 participate in developing this final rule. ‘‘Restoration of the Nose Landing Gear airplanes. The NPRM published in the The following presents the comments Shock-Strut Assembly to Retraction- Federal Register on August 16, 2018 (83 received on the NPRM and the FAA’s Actuator Main-Fitting Joint,’’ of FR 40703). The NPRM was prompted by response to each comment. Bombardier Global 5000 Time Limits/

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Maintenance Checks, Publication No. Related Service Information Under 1 to different airplane models in different BD–700 TLMC, Revision 19, dated CFR Part 51 configurations. • Bombardier Global 5000 Time November 13, 2017; Bombardier Global Bombardier has issued the following Limits/Maintenance Checks, Publication 5000 Featuring Global Vision Flight service information, which describes No. BD–700 TLMC, Revision 20, dated Deck—Time Limits/Maintenance procedures for a general visual May 3, 2018, for Bombardier Model BD– Checks, Publication No. GL 5000 GVFD, inspection for damage of the cotter pin 700–1A11 airplanes. Revision 9, dated November 13, 2017; retaining the bolt that secures the main • Bombardier Global 5000 Featuring Bombardier Global 6000 Time Limits/ fitting joint of the NLG retraction Global Vision Flight Deck Time Limits/ Maintenance Checks, Publication No. actuator to the NLG strut and for the Maintenance Checks, Publication No. GL 6000 TLMC, Revision 9, dated modification number shown on the GL 5000 GVFD TLMC, Revision 10, November 13, 2017; Bombardier Global identification plate for the NLG strut, dated May 3, 2018, for Bombardier Express Time Limits/Maintenance and modification of the NLG retraction Model BD–700–1A11 airplanes. Checks, Publication No. BD–700 TLMC, actuator hardware that secures the NLG • Bombardier Global 6000 Time Revision 28, dated November 13, 2017; retraction actuator to the NLG strut. Limits/Maintenance Checks, Publication or Bombardier Global Express XRS Time These documents are distinct since they No. GL 6000 TLMC, Revision 10, dated Limits/Maintenance Checks, Publication apply to different airplane models in May 3, 2018, for Bombardier Model BD– No. BD–700 XRS TLMC, Revision 15, different configurations. dated November 13, 2017; as applicable. • 700–1A10 airplanes. Bombardier Service Bulletin 700– • Bombardier Global Express Time Conclusion 1A11–32–022, Revision 2, dated Limits/Maintenance Checks, Publication November 6, 2017. • No. BD–700 TLMC, Revision 29, dated We reviewed the relevant data, Bombardier Service Bulletin 700– May 3, 2018, for Bombardier Model BD– considered the comments received, and 32–035, Revision 2, dated November 6, 700–1A10 airplanes. determined that air safety and the 2017. • Bombardier Global Express XRS • public interest require adopting this Bombardier Service Bulletin 700– Time Limits/Maintenance Checks, final rule with the changes described 32–5011, Revision 2, dated November 6, Publication No. BD–700 XRS TLMC, previously and minor editorial changes. 2017. Revision 16, dated May 3, 2018, for We have determined that these minor • Bombardier Service Bulletin 700– Bombardier Model BD–700–1A10 changes: 32–6011, Revision 2, dated November 6, airplanes. • Are consistent with the intent that 2017. This service information is reasonably was proposed in the NPRM for Bombardier has issued AWL Task 32– available because the interested parties addressing the unsafe condition; and 33–01–111, ‘‘Restoration of the Nose have access to it through their normal Landing Gear Shock-Strut Assembly to course of business or by the means • Do not add any additional burden Retraction-Actuator Main-Fitting Joint,’’ identified in the ADDRESSES section. upon the public than was already of the following service information, proposed in the NPRM. which identifies airworthiness Costs of Compliance We also determined that these limitation tasks for restoration of the We estimate that this AD affects 60 changes will not increase the economic main fitting joint of the NLG retraction airplanes of U.S. registry. We estimate burden on any operator or increase the actuator to the NLG strut. These the following costs to comply with this scope of this final rule. documents are distinct since they apply AD:

ESTIMATED COSTS

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

4 work-hours × $85 per hour = $340 ...... $0 $340 $20,400

We have determined that revising the operators incorporate maintenance or We estimate the following costs to do existing maintenance or inspection inspection program changes for their the necessary on-condition action that program takes an average of 90 work- affected fleet(s), we have determined would be required based on the results hours per operator, although we that a per-operator estimate is more of any required actions. We have no way recognize that this number may vary accurate than a per-airplane estimate. of determining the number of aircraft from operator to operator. In the past, Therefore, we estimate the total cost per that might need this on-condition × we have estimated that this action takes operator to be $7,650 (90 work-hours action: 1 work-hour per airplane. Since $85 per work-hour).

ESTIMATED COSTS OF ON-CONDITION ACTION

Cost per Labor cost Parts cost product

1 work-hour × $85 per hour = $85 ...... $10,847 $10,932

According to the manufacturer, some reducing the cost impact on affected result, we have included all known or all of the costs of this AD may be individuals. We do not control warranty costs in our cost estimate. covered under warranty, thereby coverage for affected individuals. As a

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Authority for This Rulemaking responsibilities among the various (b) Affected ADs Title 49 of the United States Code levels of government. None. specifies the FAA’s authority to issue For the reasons discussed above, I (c) Applicability rules on aviation safety. Subtitle I, certify that this AD: This AD applies to Bombardier, Inc., section 106, describes the authority of (1) Is not a ‘‘significant regulatory Model BD–700–1A10 and BD–700–1A11 the FAA Administrator. Subtitle VII: action’’ under Executive Order 12866, airplanes, certificated in any category, serial Aviation Programs, describes in more (2) Is not a ‘‘significant rule’’ under numbers 9002 through 9638 inclusive and detail the scope of the Agency’s the DOT Regulatory Policies and 9998. authority. Procedures (44 FR 11034, February 26, (d) Subject We are issuing this rulemaking under 1979), the authority described in Subtitle VII, Air Transport Association (ATA) of (3) Will not affect intrastate aviation America Code 32, Landing gear. Part A, Subpart III, Section 44701: in Alaska, and ‘‘General requirements.’’ Under that (e) Reason section, Congress charges the FAA with (4) Will not have a significant economic impact, positive or negative, This AD was prompted by in-service promoting safe flight of civil aircraft in findings that a cotter pin at the main fitting air commerce by prescribing regulations on a substantial number of small entities under the criteria of the Regulatory joint of the nose landing gear (NLG) for practices, methods, and procedures retraction actuator to the NLG strut showed the Administrator finds necessary for Flexibility Act. evidence of shearing after an NLG retraction- safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 extension cycling. We are issuing this AD to is within the scope of that authority address this condition, which could lead to because it addresses an unsafe condition Air transportation, Aircraft, Aviation a loss of hardware and result in an actuator that is likely to exist or develop on safety, Incorporation by reference, disconnect and the NLG failing to retract or Safety. extend, or in an undamped freefall, which products identified in this rulemaking could adversely affect the airplane’s action. Adoption of the Amendment continued safe flight and landing. This AD is issued in accordance with authority delegated by the Executive Accordingly, under the authority (f) Compliance Director, Aircraft Certification Service, delegated to me by the Administrator, Comply with this AD within the as authorized by FAA Order 8000.51C. the FAA amends 14 CFR part 39 as compliance times specified, unless already In accordance with that order, issuance follows: done. of ADs is normally a function of the PART 39—AIRWORTHINESS (g) Maintenance or Inspection Program Compliance and Airworthiness Revision DIRECTIVES Division, but during this transition Within 30 days after the effective date of period, the Executive Director has ■ this AD: Revise the existing maintenance or delegated the authority to issue ADs 1. The authority citation for part 39 continues to read as follows: inspection program, as applicable, to applicable to transport category incorporate the information specified in airplanes and associated appliances to Authority: 49 U.S.C. 106(g), 40113, 44701. Airworthiness Limitation (AWL) Task 32– the Director of the System Oversight 33–01–111, ‘‘Restoration of the Nose Landing Division. § 39.13 [Amended] Gear Shock-Strut Assembly to Retraction- ■ 2. The FAA amends § 39.13 by adding Actuator Main-Fitting Joint,’’ as specified in Regulatory Findings the applicable time limits/maintenance the following new airworthiness checks (TLMC) manual identified in figure 1 This AD will not have federalism directive (AD): implications under Executive Order to paragraph (g) of this AD, as applicable. The initial compliance time for doing the 13132. This AD will not have a 2019–03–22 Bombardier, Inc.: Amendment 39–19574; Docket No. FAA–2018–0710; task is at the time specified in the applicable substantial direct effect on the States, on Product Identifier 2018–NM–079–AD. TLMC manual listed in figure 1 to paragraph the relationship between the national (g) of this AD, or within 30 days after the government and the States, or on the (a) Effective Date effective date of this AD, whichever occurs distribution of power and This AD is effective April 15, 2019. later.

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(h) Inspection and Modification identification plate for the NLG strut, and, if Instructions of the applicable Bombardier (1) Except for airplanes identified in applicable, mark the correct modification service information as shown in figure 2 to number on the identification plate of the paragraph (h) of this AD. paragraph (h)(2) of this AD: Within 6 months NLG strut, in accordance with the applicable (2) The actions specified in paragraph from the effective date of this AD, perform a Bombardier service information as shown in (h)(1) of this AD are not required for general visual inspection for damage of the figure 2 to paragraph (h) of this AD. If airplanes that do not have the NLG cotter pin retaining the bolt that secures the damage to the cotter pin is present: Before configuration specified in Paragraph 1.A, NLG retraction actuator to the NLG strut, and further flight, perform the modification of the ‘‘Effectivity’’ of the applicable Bombardier a general visual inspection of the NLG retraction actuator hardware in service information as shown in figure 2 to modification number shown on the accordance with the Accomplishment paragraph (h) of this AD.

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(i) No Alternative Actions or Intervals compliance (AMOC) in accordance with the if those actions were performed before the After the maintenance or inspection procedures specified in paragraph (l)(1) of effective date of this AD using AWL Task 32– program has been revised as required by this AD. 33–01–111, ‘‘Restoration of the Nose Landing paragraph (g) of this AD, no alternative Gear Shock-Strut Assembly to Retraction- (j) Credit for Previous Actions actions (e.g., inspections) or intervals, may be Actuator Main-Fitting Joint,’’ of the used unless the actions or intervals are (1) This paragraph provides credit for applicable service information specified in approved as an alternative method of actions required by paragraph (g) of this AD, figure 3 to paragraph (j)(1) of this AD.

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Figure 3 to paragraph G)(l) ofthis AD -Acceptable Temporary Revisions (TR) by Airplane Model

Airplane TLMCManual Acceptable TR Date of Issue Models

Bombardier Global Express TLMC, TR-5-2-46 May 19,2015 Publication No. BD-700TLMC

Bombardier Global Express XRSTLMC, BD-700-1A10 TR-5-2-9 May 19,2015 Publication No. BD-700XRS TLMC

Bombardier Global6000 TLMC, TR-5-2-13 and TR-5-2-14 May 19,2015 Publication No. GL6000TLMC

Bombardier Global5000 TLMC, TR-5-2-15 May 19,2015 Publication No. BD-700TLMC

Bombardier BD-700-1All Global5000 Featuring Global Vision Flight TR-5-2-13 and TR-5-2-14 May 19,2015 DeckTLMC, Publication No. GL 5000 GVFD TLMC

(2) This paragraph provides credit for paragraphs (j)(2)(i) through (j)(2)(xiii) of this (ii) Task 32–33–01–111of Bombardier actions required by paragraph (h)(1) of this AD; and provided neither the NLG nor the Global 5000 Featuring Global Vision Flight AD, if those actions were performed before NLG retraction actuator has been replaced or Deck—Time Limits/Maintenance Checks, the effective date of this AD using the service modified since the completion of the Publication No. GL 5000 GVFD TLMC, information specified in paragraphs (j)(2)(i) Instructions of the applicable service Revision 9, dated November 13, 2017. through (j)(2)(xiii) of this AD, provided that information specified in paragraphs (j)(2)(i) (iii) Task 32–33–01–111of Bombardier it can be confirmed that at least 25 NLG through (j)(2)(xiii) of this AD. Global 6000 Time Limits/Maintenance extension-retraction cycles had been (i) Task 32–33–01–111of Bombardier Checks, Publication No. GL 6000 TLMC, completed on the NLG at the time of Global 5000 Time Limits/Maintenance Revision 9, dated November 13, 2017. completion of the Instructions of the Checks, Revision 19, dated November 13, (iv) Task 32–33–01–111of Bombardier applicable service information specified in 2017. Global Express Time Limits/Maintenance

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Checks, Publication No. BD–700 TLMC, Mechanical Systems and Admin Services 202–741–6030, or go to: http:// Revision 28, dated November 13, 2017. Section, FAA, New York ACO Branch, 1600 www.archives.gov/federal-register/cfr/ibr- (v) Task 32–33–01–111of Bombardier Stewart Avenue, Suite 410, Westbury, NY locations.html. Global Express XRS Time Limits/ 11590; telephone 516–228–7323; fax 516– Issued in Des Moines, Washington, on Maintenance Checks, Publication No. BD– 794–5531; email [email protected]. February 14, 2019. XRS TLMC, Revision 15, dated November 13, (3) Service information identified in this 2017. AD that is not incorporated by reference is Michael Kaszycki, (vi) Bombardier Service Bulletin 700– available at the addresses specified in Acting Director, System Oversight Division, 1A11–32–022, dated May 13, 2015. paragraphs (n)(3) and (n)(4) of this AD. Aircraft Certification Service. (vii) Bombardier Service Bulletin 700– (n) Material Incorporated by Reference [FR Doc. 2019–03255 Filed 3–8–19; 8:45 am] 1A11–32–022, Revision 1, dated August 26, BILLING CODE 4910–13–P 2015. (1) The Director of the Federal Register (viii) Bombardier Service Bulletin 700–32– approved the incorporation by reference 035, dated May 13, 2015. (IBR) of the service information listed in this DEPARTMENT OF TRANSPORTATION (ix) Bombardier Service Bulletin 700–32– paragraph under 5 U.S.C. 552(a) and 1 CFR 035, Revision 1, dated August 26, 2015. part 51. Federal Aviation Administration (x) Bombardier Service Bulletin 700–32– (2) You must use this service information 5011, dated May 13, 2015. as applicable to do the actions required by (xi) Bombardier Service Bulletin 700–32– this AD, unless this AD specifies otherwise. 14 CFR Part 39 5011, Revision 1, dated August 26, 2015. (i) Bombardier Service Bulletin 700–1A11– [Docket No. FAA–2018–0762; Product (xii) Bombardier Service Bulletin 700–32– 32–022, Revision 2, dated November 6, 2017. Identifier 2018–NM–033–AD; Amendment 6011, dated May 13, 2015. (ii) Bombardier Service Bulletin 700–32– 39–19580; AD 2019–03–28] (xiii) Bombardier Service Bulletin 700–32– 035, Revision 2, dated November 6, 2017. 6011, Revision 1, dated August 26, 2015. (iii) Bombardier Service Bulletin 700–32– RIN 2120–AA64 5011, Revision 2, dated November 6, 2017. (k) Service Information Prohibition (iv) Bombardier Service Bulletin 700–32– Airworthiness Directives; Airbus SAS As of the effective date of this AD, no 6011, Revision 2, dated November 6, 2017. Airplanes person may incorporate Liebherr-Aerospace (v) Task 32–33–01–111, ‘‘Restoration of the Service Bulletin 1285A–32–07 at any Nose Landing Gear Shock-Strut Assembly to AGENCY: Federal Aviation revision level on the NLG strut assemblies of Retraction-Actuator Main-Fitting Joint,’’ of Administration (FAA), Department of any Bombardier, Inc., Model BD–700–1A10 Bombardier Global 5000 Time Limits/ Transportation (DOT). or BD–700–1A11 airplane. Maintenance Checks, Publication No. BD– ACTION: Final rule. (l) Other FAA AD Provisions 700 TLMC, Revision 20, dated May 3, 2018. (vi) Task 32–33–01–111, ‘‘Restoration of SUMMARY: We are superseding The following provisions also apply to this the Nose Landing Gear Shock-Strut Assembly Airworthiness Directive (AD) 2016–07– AD: to Retraction-Actuator Main-Fitting Joint,’’ of 23, which applied to all Airbus SAS (1) Alternative Methods of Compliance Bombardier Global 5000 Featuring Global (AMOCs): The Manager, New York ACO Model A318 and A319 series airplanes; Vision Flight Deck Time Limits/Maintenance Branch, FAA, has the authority to approve Model A320–211, A320–212, A320–214, Checks, Publication No. GL 5000 GVFD AMOCs for this AD, if requested using the A320–216, A320–231, A320–232, and TLMC, Revision 10, dated May 3, 2018. procedures found in 14 CFR 39.19. In A320–233 airplanes; and Model A321– (vii) Task 32–33–01–111, ‘‘Restoration of accordance with 14 CFR 39.19, send your the Nose Landing Gear Shock-Strut Assembly 111, A321–112, A321–131, A321–211, request to your principal inspector or local to Retraction-Actuator Main-Fitting Joint,’’ of A321–212, A321–213, A321–231, and Flight Standards District Office, as Bombardier Global 6000 Time Limits/ A321–232 airplanes. AD 2016–07–23 appropriate. If sending information directly Maintenance Checks, Publication No. GL required, for certain airplanes, repetitive to the manager of the certification office, 6000 TLMC, Revision 10, dated May 3, 2018. send it to ATTN: Program Manager, replacements of the fixed fairing upper Continuing Operational Safety, FAA, New (viii) Task 32–33–01–111, ‘‘Restoration of and lower attachment studs of both the York ACO Branch, 1600 Stewart Avenue, the Nose Landing Gear Shock-Strut Assembly left-hand (LH) and right-hand (RH) main Suite 410, Westbury, NY 11590; telephone to Retraction-Actuator Main-Fitting Joint,’’ of landing gear (MLG); and repetitive 516–228–7300; fax 516–794–5531. Before Bombardier Global Express Time Limits/ inspections for corrosion, wear, fatigue Maintenance Checks, Publication No. BD– using any approved AMOC, notify your cracking, and loose studs of each appropriate principal inspector, or lacking a 700 TLMC, Revision 29, dated May 3, 2018. (ix) Task 32–33–01–111, ‘‘Restoration of forward stud assembly of the fixed principal inspector, the manager of the local fairing door upper and lower forward flight standards district office/certificate the Nose Landing Gear Shock-Strut Assembly holding district office. to Retraction-Actuator Main-Fitting Joint,’’ of attachments of both the LH and RH (2) Contacting the Manufacturer: For any Bombardier Global Express XRS Time MLG; and replacement if necessary. AD requirement in this AD to obtain corrective Limits/Maintenance Checks, Publication No. 2016–07–23 also provided an optional actions from a manufacturer, the action must BD–700 XRS TLMC, Revision 16, dated May terminating modification for the be accomplished using a method approved 3, 2018. repetitive replacements of the fixed by the Manager, New York ACO Branch, (3) For service information identified in fairing upper and lower attachment FAA; or Transport Canada Civil Aviation this AD, contact Bombardier, Inc., 400 Coˆte- Vertu Road West, Dorval, Que´bec H4S 1Y9, studs. This AD retains the requirements (TCCA); or Bombardier, Inc.’s TCCA Design of AD 2016–07–23 and, for certain Approval Organization (DAO). If approved by Canada; telephone 514–855–5000; fax 514– the DAO, the approval must include the 855–7401; email thd.crj@ airplanes, requires re-identification of DAO-authorized signature. aero.bombardier.com; internet http:// the LH and RH MLG fixed fairing www.bombardier.com. assemblies’ part numbers. This AD was (m) Related Information (4) You may view this service information prompted by a determination that for (1) Refer to Mandatory Continuing at the FAA, Transport Standards Branch, some airplane configurations, associated Airworthiness Information (MCAI) Canadian 2200 South 216th St., Des Moines, WA. For fixed fairing assembly part numbers AD CF–2018–05, dated January 23, 2018, for information on the availability of this susceptible to fatigue cracking were not related information. This MCAI may be material at the FAA, call 206–231–3195. found in the AD docket on the internet at (5) You may view this service information listed in certain service information http://www.regulations.gov by searching for that is incorporated by reference at the required by AD 2016–07–23. In and locating Docket No. FAA–2018–0710. National Archives and Records addition, we have determined that (2) For more information about this AD, Administration (NARA). For information on additional work is necessary to re- contact Darren Gassetto, Aerospace Engineer, the availability of this material at NARA, call identify the fixed fairing assembly part

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number on certain airplanes. We are A320–216, A320–231, A320–232, and designed location stud, rod end and location issuing this AD to address the unsafe A320–233 airplanes; and Model A321– plate at the forward upper and lower leg condition on these products. 111, A321–112, A321–131, A321–211, fixed-fairing positions. Subsequently, reports A321–212, A321–213, A321–231, and were received of post-mod 27716/post-SB DATES: This AD is effective April 15, A320–52–1100 MLG fixed fairing assemblies 2019. A321–232 airplanes. The NPRM with corrosion, which could also induce The Director of the Federal Register published in the Federal Register on cracking. approved the incorporation by reference August 31, 2018 (83 FR 44516). The This condition, if not detected and of a certain publication listed in this AD NPRM was prompted by a corrected, could lead to further cases of in- as of April 15, 2019. determination that since we issued AD flight detachment of a MLG fixed fairing, The Director of the Federal Register 2016–07–23, for some airplane possibly resulting in injury to persons on the approved the incorporation by reference configurations, associated fixed fairing ground and/or damage to the aeroplane. assembly part numbers susceptible to To address this potential unsafe condition, of certain other publications listed in EASA issued AD 2014–0096 to require this AD as of June 6, 2016 (81 FR 26115, fatigue cracking were not listed in repetitive detailed inspections (DET) of the May 2, 2016). certain service information required by MLG fixed fairings, and, depending on ADDRESSES: For service information AD 2016–07–23. In addition, we have findings, accomplishment of applicable identified in this final rule, contact determined that additional work is corrective actions. That [EASA] AD also Airbus SAS, Airworthiness Office— necessary to re-identify the fixed fairing prohibited installation of certain MLG fixed EIAS, Rond-Point Emile Dewoitine No: assembly part number on certain fairing rod end assemblies and studs as 2, 31700 Blagnac Cedex, France; airplanes. The NPRM proposed to retain replacement parts on aeroplanes incorporating Airbus mod 27716 in telephone +33 5 61 93 36 96; fax +33 5 the requirements of AD 2016–07–23 and, for certain airplanes, require re- production, or modified in accordance with 61 93 44 51; email account.airworth- Airbus SB A320–52–1100 (any revision) in [email protected]; internet http:// identification of the LH and RH MLG service. www.airbus.com. You may view this fixed fairing assemblies’ part numbers. Since EASA AD 2014–0096 was issued, referenced service information at the The NPRM also proposed to provide an Airbus developed an alternative inspection FAA, Transport Standards Branch, 2200 optional terminating modification for programme to meet the [EASA] AD South 216th St., Des Moines, WA. For the repetitive replacements of the fixed requirements. In addition, a terminating information on the availability of this fairing upper and lower attachment action (mod 155648) was developed, which material at the FAA, call 206–231–3195. studs. We are issuing this AD to address was made available for in-service aeroplanes through Airbus SB A320–52–1165. It is also available on the internet at in-flight detachment of an MLG fixed fairing and consequent damage to the Consequently, EASA issued AD 2015–0001 http://www.regulations.gov by searching (later revised), retaining the requirements of for and locating Docket No. FAA–2018– airplane. EASA AD 2014–0096, which was 0762. The European Aviation Safety Agency superseded, and adding an optional (EASA), which is the Technical Agent terminating action for the repetitive Examining the AD Docket for the Member States of the European inspections. For post-mod aeroplanes, i.e. You may examine the AD docket on Union, has issued EASA AD 2018–0023, incorporating Airbus mod 155648 in the internet at http:// dated January 26, 2018; corrected production, or modified by Airbus SB A320– www.regulations.gov by searching for February 5, 2018 (referred to after this 52–1165 in service, the only remaining and locating Docket No. FAA–2018– as the Mandatory Continuing requirement was to ensure that pre-mod 0762; or in person at Docket Operations Airworthiness Information, or ‘‘the components are no longer installed. MCAI’’); to correct an unsafe condition Since EASA AD 2015–0001R1 [which between 9 a.m. and 5 p.m., Monday corresponds to FAA AD 2016–07–23] was through Friday, except Federal holidays. for all Airbus SAS Model A318 and issued, Airbus revised SB A320–52–1165 to The AD docket contains this final rule, A319 series airplanes; all Airbus SAS include additional work, to re-identify the the regulatory evaluation, any Model A320–211, A320–212, A320–214, fairing assembly part number (P/N). During comments received, and other A320–216, A320–231, A320–232, and the preparation of this additional work, it information. The address for Docket A320–233 airplanes; and all Airbus SAS was noted that several configurations and Operations (phone: 800–647–5527) is Model A321–111, A321–112, A321–131, associated P/N were not listed in the original U.S. Department of Transportation, A321–211, A321–212, A321–213, A321– SB, which may have an impact on aeroplanes Docket Operations, M–30, West 231, and A321–232 airplanes. The on which SB A320–52–1165 original issue or MCAI states: Revision (rev.) 01 was already accomplished. Building Ground Floor, Room W12–140, It has also been noticed that the instructions 1200 New Jersey Avenue SE, Several occurrences were reported of in- for reidentification of two P/N were not Washington, DC 20590. flight loss of main landing gear (MLG) fixed correct in revision 02 of this SB. FOR FURTHER INFORMATION CONTACT: and hinged fairings. The majority of reported For the reasons described above, this Sanjay Ralhan, Aerospace Engineer, events occurred following scheduled [EASA] AD retains the requirement of EASA International Section, Transport maintenance activities. One result of the AD 2015–0001R1, which is superseded, but investigation was that a discrepancy between Standards Branch, FAA, 2200 South requires using the SB at rev. 03. the drawing and the maintenance manuals This [EASA] AD also requires 216th St., Des Moines, WA 98198; was discovered. The maintenance documents accomplishment of additional work [re- telephone and fax 206–231–3223. were corrected to prevent mis-rigging of the identification of the part number for the LH SUPPLEMENTARY INFORMATION: MLG fixed and hinged fairings, which could and RH MLG fixed fairing assemblies] for induce fatigue cracking. those aeroplanes on which parts were Discussion Prompted by these findings, Airbus issued replaced in accordance with the instructions We issued a notice of proposed Service Bulletin (SB) A320–52–1083, of Airbus SB A320–52–1165 at original issue, rulemaking (NPRM) to amend 14 CFR providing instructions for a one-time rev. 01 or rev. 02 and correct part 39 to supersede AD 2016–07–23, inspection of the MLG fixed fairing (re)identification as applicable. composite insert and the surrounding area, Amendment 39–18468 (81 FR 26115, replacement of the adjustment studs at the You may examine the MCAI in the May 2, 2016) (‘‘AD 2016–07–23’’). AD lower forward position and adjustment to the AD docket on the internet at http:// 2016–07–23 applied to all Airbus SAS new clearance tolerances. That SB was www.regulations.gov by searching for Model A318 and A319 series airplanes; replaced by Airbus SB A320–52–1100 and locating Docket No. FAA–2018– Model A320–211, A320–212, A320–214, (modification (mod) 27716) introducing a re- 0762.

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Comments actions required by this AD; that AMOC AD, we restate the pertinent We gave the public the opportunity to identifies new revisions of the requirements of the existing AD and participate in developing this final rule. applicable service information as an identify the new requirements of this The following presents the comments appropriate source of service AD. In this AD paragraphs (g) through received on the NPRM and the FAA’s information. (q) are the restated requirements of AD Regarding the use of ‘‘or later 2016–07–23, and the new requirements response to each comment. approved’’ revisions of service are paragraphs (r) through (t) of this AD. Support for the NPRM information, we may not refer to any Paragraph (s) of this AD is new document that does not yet exist. In information regarding terminating United Airlines stated that it agreed general terms, we are required by Office action and is applicable starting on the with the intent of the NPRM. of the Federal Register (OFR) regulations effective date of this AD. Paragraphs Request To Refer to Revised Service for approval of materials incorporated (n)(1), (n)(2), and (n)(3) of this AD Information by reference, as specified in 1 CFR include restated requirements from AD United Airlines requested that 51.1(f), to either publish the service 2016–07–23 and became effective on paragraphs (i), (k), (l), (m) and (q) of the document contents as part of the actual June 6, 2016, the effective date of AD proposed AD be revised to refer to AD language; or submit the service 2016–07–23. However, in addition to Airbus Service Bulletin A320–52–1163, document to the OFR for approval as the restated requirements, paragraph Revision 02, dated May 11, 2018, rather referenced material, in which case we (n)(3) of this AD was updated to refer to may only refer to such material in the the latest revision of the service than Airbus Service Bulletin A320–52– text of an AD. The AD may refer to the information: Airbus Service Bulletin 1163, Revision 01, including Appendix service document only if the OFR A320–52–1165, Revision 03, excluding 01, dated June 22, 2015. The commenter approved it for incorporation by Appendix 01 and including Appendix noted that Airbus made a number of reference. See 1 CFR part 51. To allow 02, dated November 9, 2017. updates and clarifications in Airbus operators to use later revisions of the Paragraph (s) of this AD also refers to Service Bulletin A320–52–1163, referenced document (issued after Airbus Service Bulletin A320–52–1165, Revision 02, dated May 11, 2018, and publication of the AD), either we must Revision 03, excluding Appendix 01 that EASA AD 2018–0023 allows for use revise the AD to reference specific later and including Appendix 02, dated of later approved revisions of Airbus revisions, or operators must request November 9, 2017, which was issued Service Bulletin A320–52–1163, approval to use later revisions as an after the publication of AD 2016–07–23. Revision 01, dated June 22, 2015. In AMOC with this AD under the Airbus Service Bulletin A320–52–1165, addition, the commenter pointed out provisions of paragraph (v)(1) of this Revision 03, excluding Appendix 01 that the FAA issued alternative method AD. We have not revised this AD in and including Appendix 02, dated of compliance (AMOC) letter AIR–676– regard to this issue. November 9, 2017, includes, for some 18–331, dated August 14, 2018, which airplane configurations, associated fixed permits all operators with airplanes Request To Remove Redundant fairing assembly part numbers affected by AD 2016–07–23 to use Paragraphs susceptible to fatigue cracking that were Airbus Service Bulletin A320–52–1163, Delta Air Lines recommended that not listed in the retained service Revision 02, dated May 11, 2018, paragraphs (s) and (t) of the proposed information referred to in paragraph instead of Airbus Service Bulletin AD be deleted. The commenter stated (n)(3) of AD 2016–07–23. We A320–52–1163, Revision 01, including that paragraph (s) of the proposed AD acknowledge paragraph (n)(3) of this AD Appendix 01, dated June 22, 2015. appears to be redundant to paragraph does include redundant information We disagree with the commenter’s (n) of the proposed AD, with the since it refers to Airbus Service Bulletin request to change the final rule to refer exception that it does not include A320–52–1165, Revision 03, excluding to Airbus Service Bulletin A320–52– references to paragraphs (h) and (j) of Appendix 01 and including Appendix 1163, Revision 02, dated May 11, 2018. the proposed AD. The commenter 02, dated November 9, 2017, in addition Airbus Service Bulletin A320–52–1163, requested clarification as to why to the retained service information. Revision 02, dated May 11, 2018, would paragraph (s) of the proposed AD is The reason paragraphs (h) and (j) of expand the requirements of the needed in addition to paragraph (n) of this AD were not referenced in proposed AD because it modifies the the proposed AD, and why paragraphs paragraph (s) of this AD is because it is work steps for the removal of cover (h) and (j) of the proposed AD were not only necessary to identify the required plates. To change the requirements of included in paragraph (s) of the actions terminated by paragraph (s) of the proposed AD would necessitate proposed AD but were included in this AD. Paragraphs (h) and (j) of this (under the provisions of the paragraph (n) of the proposed AD. AD include the compliance times only. Administrative Procedure Act) reissuing Furthermore, the commenter observed Once the corresponding requirements the notice, reopening the period for that paragraph (t) of the proposed AD are terminated, the compliance times in public comment, considering additional appears to be redundant to paragraph paragraphs (h) and (j) of this AD are no comments subsequently received, and (p) of the proposed AD and requested longer relevant. However, for clarity and eventually issuing a final rule. That why both paragraphs are needed since consistency with references in procedure could add unwarranted time they appear to require the same action. paragraph (n)(3) of this AD, we have to the rulemaking process. We disagree with the commenter’s revised paragraph (s) of this AD to refer However, we note that paragraph request to delete paragraphs (s) and (t) to paragraphs (g) through (m) of this AD. (v)(1)(ii) of this AD states that AMOCs of this AD; however, we do agree to In regard to the apparent redundancy approved previously for AD 2016–07–23 provide clarification. The seemingly between paragraphs (p) and (t) of this are approved as AMOCs for the redundant paragraphs are a result of our AD, we agree clarification is needed. corresponding provisions of this AD. method for superseding an AD. To Paragraph (t) of this AD includes new This provision allows operators to ensure the continuity of the required information regarding the parts utilize the AMOC included in letter actions between the existing AD (the AD installation prohibition and is AIR–676–18–331, dated August 14, being superseded, in this case AD 2016– applicable starting on the effective date 2018, for completing the applicable 07–23) and the effective date of the new of this AD. The compliance time for the

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parts installation prohibition specified Conclusion 01, dated June 22, 2015, which the in paragraph (t)(2) of this AD depends We reviewed the relevant data, Director of the Federal Register on whether an airplane is in a pre- or considered the comments received, and approved for incorporation by reference post-Airbus Modification 155648 or pre- determined that air safety and the as of June 6, 2016 (81 FR 26115, May or post-Airbus Service Bulletin A320– public interest require adopting this 2, 2016). 52–1165, Revision 03, excluding final rule as proposed, except for minor • Airbus Service Bulletin A320–52– Appendix 01 and including Appendix editorial changes. We have determined 1165, Revision 03, excluding Appendix 02, dated November 9, 2017, that these minor changes: 01 and including Appendix 02, dated • configuration. Are consistent with the intent that November 9, 2017. The service was proposed in the NPRM for Paragraph (p) of this AD is the information describes procedures for addressing the unsafe condition; and replacing the fixed fairing attachment restated parts installation prohibition • Do not add any additional burden stud assemblies of the MLG door from AD 2016–07–23, which became upon the public than was already effective on June 6, 2016, the effective proposed in the NPRM. assembly with new assemblies, and re- date of AD 2016–07–23. In the We also determined that these identifying the part number of the LH restatement in paragraphs (p)(2) and changes will not increase the economic and RH MLG fixed fairing assemblies. (p)(4) of the proposed AD, we burden on any operator or increase the The actions in this service information inadvertently did not include the scope of this final rule are an optional terminating effective date of June 6, 2016. We have modification. Related Service Information Under 1 revised paragraphs (p)(2) and (p)(4) of CFR Part 51 This service information is reasonably this AD to include the effective date of available because the interested parties AD 2016–07–23. In addition, we have Airbus has issued the following have access to it through their normal revised paragraph (p) of this AD to service information. course of business or by the means • Airbus Service Bulletin A320–52– clarify that the prohibition specified in 1100, Revision 01, dated March 12, identified in the ADDRESSES section. paragraph (p) of this AD is applicable 1999, which the Director of the Federal Costs of Compliance only until the effective date of this AD Register approved for incorporation by and that on the effective date of this AD, reference as of June 6, 2016 (81 FR We estimate that this AD affects 901 the prohibition specified in paragraph 26115, May 2, 2016). airplanes of U.S. registry. We estimate (t) of this AD must be complied with. • Airbus Service Bulletin A320–52– the following costs to comply with this 1163, Revision 01, including Appendix AD:

ESTIMATED COSTS

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

18 work-hours × $85 per hour = $1,530 ...... $4,110 $5,640 $5,081,640.

ESTIMATED COSTS FOR OPTIONAL ACTIONS

Cost per Labor cost Parts cost product

Up to 18 work-hours × $85 per hour = $1,530 ...... Up to $4,110 ...... Up to $5,640.

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

ON-CONDITION COSTS

Labor cost Parts cost Cost per product

Up to 20 work-hours × $85 per hour = $1,700 ...... Up to $4,110 ...... Up to $5,810.

According to the manufacturer, some Authority for This Rulemaking Part A, Subpart III, Section 44701: or all of the costs of this AD may be Title 49 of the United States Code ‘‘General requirements.’’ Under that covered under warranty, thereby specifies the FAA’s authority to issue section, Congress charges the FAA with reducing the cost impact on affected rules on aviation safety. Subtitle I, promoting safe flight of civil aircraft in individuals. We do not control warranty section 106, describes the authority of air commerce by prescribing regulations coverage for affected individuals. As a the FAA Administrator. Subtitle VII: for practices, methods, and procedures result, we have included all costs in our Aviation Programs, describes in more the Administrator finds necessary for cost estimate. detail the scope of the Agency’s safety in air commerce. This regulation authority. is within the scope of that authority We are issuing this rulemaking under because it addresses an unsafe condition the authority described in Subtitle VII, that is likely to exist or develop on

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products identified in this rulemaking (a) Effective Date (3) Stud—adjustment having P/N action. This AD is effective April 15, 2019. D5284024420000. This AD is issued in accordance with (4) Rod end assembly (lower) having P/N authority delegated by the Executive (b) Affected ADs D5284000500000. Director, Aircraft Certification Service, This AD replaces AD 2016–07–23, (5) Rod end assembly (upper) having P/N D5284000600000. as authorized by FAA Order 8000.51C. Amendment 39–18468 (81 FR 26115, May 2, In accordance with that order, issuance 2016) (‘‘AD 2016–07–23’’). (h) Retained Compliance Times for the of ADs is normally a function of the (c) Applicability Requirements of Paragraph (g) of This AD, With No Changes Compliance and Airworthiness This AD applies to the Airbus SAS Division, but during this transition airplanes identified in paragraphs (c)(1) This paragraph restates the requirements of period, the Executive Director has through (c)(4) of this AD, certificated in any paragraph (h) of AD 2016–07–23, with no delegated the authority to issue ADs category, all manufacturer serial numbers. changes. For airplanes identified in applicable to transport category (1) Model A318–111, A318–112, A318– paragraph (g) of this AD, except as provided airplanes and associated appliances to 121, and A318–122 airplanes. by paragraph (o) of this AD: Do the initial (2) Model A319–111, A319–112, A319– replacement required by paragraph (g) of this the Director of the System Oversight AD at the latest of the times specified in Division. 113, A319–114, A319–115, A319–131, A319– 132, and A319–133 airplanes. paragraphs (h)(1) through (h)(4) of this AD. Regulatory Findings (3) Model A320–211, A320–212, A320– (1) Before the accumulation of 6,500 total 214, A320–216, A320–231, A320–232, and flight cycles since the airplane’s first flight. We determined that this AD will not A320–233 airplanes. (2) Within 6,500 flight cycles since the last have federalism implications under (4) Model A321–111, A321–112, A321– installation of a pre-Airbus Modification Executive Order 13132. This AD will 131, A321–211, A321–212, A321–213, A321– 27716 stud on the airplane. not have a substantial direct effect on 231, and A321–232 airplanes. (3) Within 1,500 flight cycles after June 6, 2016 (the effective date of AD 2016–07–23). the States, on the relationship between (d) Subject the national government and the States, (4) Within 8 months after June 6, 2016 (the effective date of AD 2016–07–23). or on the distribution of power and Air Transport Association (ATA) of America Code 52, Doors. responsibilities among the various (i) Retained Repetitive Inspections, With No levels of government. (e) Reason Changes For the reasons discussed above, I This AD was prompted by reports of in- This paragraph restates the requirements of certify that this AD: flight loss of fixed and hinged main landing paragraph (i) of AD 2016–07–23, with no 1. Is not a ‘‘significant regulatory gear (MLG) fairings, and reports of post- changes. For airplanes in post-Airbus action’’ under Executive Order 12866; modification MLG fixed fairing assemblies Modification 27716 or post-Airbus Service 2. Is not a ‘‘significant rule’’ under the that have wear and corrosion. This AD was Bulletin A320–52–1100 configuration, with DOT Regulatory Policies and Procedures also prompted by a determination that for any of the components installed that are (44 FR 11034, February 26, 1979); some airplane configurations, associated identified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD: At the applicable 3. Will not affect intrastate aviation in fixed fairing assembly part numbers susceptible to fatigue cracking were not listed compliance time specified in paragraph (j) of Alaska; and in certain service information required by AD this AD, do a detailed inspection of the LH 4. Will not have a significant 2016–07–23. In addition, we have and RH MLG forward stud assemblies of the economic impact, positive or negative, determined that additional work is necessary fixed fairing door upper and lower forward on a substantial number of small entities to re-identify the fixed fairing assembly part attachments of both LH and RH MLG for under the criteria of the Regulatory number on certain airplanes. We are issuing indications of corrosion, wear, fatigue Flexibility Act. this AD to prevent in-flight detachment of an cracking, and loose studs, in accordance with MLG fixed fairing and consequent damage to the Accomplishment Instructions of Airbus List of Subjects in 14 CFR Part 39 the airplane. Service Bulletin A320–52–1163, Revision 01, including Appendix 01, dated June 22, 2015. Air transportation, Aircraft, Aviation (f) Compliance safety, Incorporation by reference, Repeat the detailed inspection thereafter at Comply with this AD within the intervals not to exceed 12 months. Safety. compliance times specified, unless already Replacement of both LH and RH MLG Adoption of the Amendment done. forward stud assemblies on an airplane, in accordance with the Accomplishment Accordingly, under the authority (g) Retained Repetitive Replacements, With Instructions of Airbus Service Bulletin A320– delegated to me by the Administrator, No Changes 52–1163, Revision 01, including Appendix the FAA amends 14 CFR part 39 as This paragraph restates the requirements of 01, dated June 22, 2015, extends the interval follows: paragraph (g) of AD 2016–07–23, with no for the next detailed inspection to 72 months; changes. For airplanes in pre-Airbus and the inspection must be repeated PART 39—AIRWORTHINESS Modification 27716 and pre-Airbus Service thereafter at intervals not to exceed 12 DIRECTIVES Bulletin A320–52–1100 configuration, with months. any of the components installed that are (1) Stud—adjustment having P/N ■ 1. The authority citation for part 39 identified in paragraphs (g)(1) through (g)(5) D5285600720000. continues to read as follows: of this AD: At the applicable compliance (2) Rod end assembly (lower) having P/N time specified in paragraph (h) of this AD, D5285600400000. Authority: 49 U.S.C. 106(g), 40113, 44701. replace fixed fairing upper and lower (3) Rod end assembly (upper) having P/N attachment studs of both left-hand (LH) and D5285600500000. § 39.13 [Amended] right-hand (RH) MLG, in accordance with the ■ 2. The FAA amends § 39.13 by Accomplishment Instructions of Airbus (j) Retained Compliance Times for the Service Bulletin A320–52–1163, Revision 01, Requirements of Paragraph (i) of This AD, removing Airworthiness Directive (AD) With No Changes 2016–07–23, Amendment 39–18468 (81 including Appendix 01, dated June 22, 2015. FR 26115, May 2, 2016), and adding the Repeat the replacements thereafter at This paragraph restates the requirements of intervals not to exceed 6,500 flight cycles. paragraph (j) of AD 2016–07–23, with no following new AD: (1) Plate—support having part number changes. For airplanes identified in 2019–03–28 Airbus SAS: Amendment 39– (P/N) D5284024820000. paragraph (i) of this AD, except as provided 19580; Docket No. FAA–2018–0762; (2) Plate—support having P/N by paragraph (o) of this AD: Do the initial Product Identifier 2018–NM–033–AD. D5284024820200. inspection required by paragraph (i) of this

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AD at the latest of the times specified in excluding Appendix 01 and including 52–1165, Revision 01, dated October 23, paragraphs (j)(1) through (j)(4) of this AD. Appendix 02, dated November 9, 2017, may 2015, excluding Appendix 01, dated (1) Before the accumulation of 72 months be used. November 3, 2014, and including Appendix since the airplane’s first flight. (2) Within 4 months after finding 02, dated October 23, 2015; or Airbus Service (2) Within 72 months since the last corrosion, and thereafter at intervals not to Bulletin A320–52–1165, Revision 03, installation of a post-Airbus Modification exceed 4 months, do a detailed inspection for excluding Appendix 01 and including 27716 assembly or since accomplishment of indications of corrosion, wear, fatigue Appendix 02, dated November 9, 2017, the actions specified in Airbus Service cracking, and loose studs of the forward stud constitutes terminating action for actions Bulletin A320–52–1100. assembly of the affected (LH or RH) MLG, in required by paragraphs (g) through (m) of this (3) Within 1,500 flight cycles after June 6, accordance with the Accomplishment AD for the airplane on which the 2016 (the effective date of AD 2016–07–23). Instructions of Airbus Service Bulletin A320– modification is done. As of the effective date (4) Within 8 months after June 6, 2016 (the 52–1163, Revision 01, including Appendix of this AD only Airbus Service Bulletin effective date of AD 2016–07–23). 01, dated June 22, 2015. A320–52–1165, Revision 03, excluding Appendix 01 and including Appendix 02, (k) Retained Corrective Action, With Revised (m) Retained Corrective Action for dated November 9, 2017, may be used. Service Information Inspections Specified in Paragraph (l)(2) of This AD, With Revised Service Information (o) Retained Exceptions to Certain AD This paragraph restates the requirements of Actions, With No Changes paragraph (k) of AD 2016–07–23, with This paragraph restates the requirements of revised service information. If any paragraph (m) of AD 2016–07–23, with This paragraph restates the requirements of discrepancy (including any indication of revised service information. If any indication paragraph (o) of AD 2016–07–23, with no corrosion, wear, fatigue cracking, or loose of wear, fatigue cracking, or loose studs of changes. An airplane on which Airbus studs) of any MLG forward stud assembly is any forward stud assembly is found during Modification 155648 has been embodied in found during any inspection required by any inspection required by paragraph (l)(2) of production is not affected by the paragraph (i) of this AD, except as specified this AD: Before further flight, replace the requirements of paragraphs (g) and (i) of this in paragraph (l) of this AD: Before further affected (LH or RH) MLG fixed fairing AD, provided that no affected component, flight, replace the discrepant upper and forward stud assembly, in accordance with identified by part number as specified in lower fixed fairing forward stud assemblies the Accomplishment Instructions of Airbus paragraphs (g)(1) through (g)(5) and (i)(1) of the LH and RH MLG, in accordance with Service Bulletin A320–52–1163, Revision 01, through (i)(3) of this AD, has been installed the Accomplishment Instructions of Airbus including Appendix 01, dated June 22, 2015; on that airplane since first flight of the Service Bulletin A320–52–1163, Revision 01, or Airbus Service Bulletin A320–52–1165, airplane. including Appendix 01, dated June 22, 2015; Revision 01, dated October 23, 2015, (p) Retained Parts Installation Prohibition, or Airbus Service Bulletin A320–52–1165, excluding Appendix 01, dated November 3, With a Change to Compliance Requirements Revision 01, dated October 23, 2015, 2014, and including Appendix 02, dated This paragraph restates the requirements of excluding Appendix 01, dated November 3, October 23, 2015; or Airbus Service Bulletin paragraph (p) of AD 2016–07–23, with a 2014, and including Appendix 02, dated A320–52–1165, Revision 03, excluding change to compliance requirements. Comply October 23, 2015; or Airbus Service Bulletin Appendix 01 and including Appendix 02, with this parts installation prohibition A320–52–1165, Revision 03, excluding dated November 9, 2017. As of the effective paragraph until the effective date of this AD. Appendix 01 and including Appendix 02, date of this AD only Airbus Service Bulletin As of the effective date of this AD, comply dated November 9, 2017. As of the effective A320–52–1163, Revision 01, including with paragraph (t) of this AD. date of this AD only Airbus Service Bulletin Appendix 01, dated June 22, 2015; or Airbus (1) For airplanes in pre-Airbus A320–52–1163, Revision 01, including Service Bulletin A320–52–1165, Revision 03, Modification 27716 or pre-Airbus Service Appendix 01, dated June 22, 2015; or Airbus excluding Appendix 01 and including Bulletin A320–52–1100 configuration: No Service Bulletin A320–52–1165, Revision 03, Appendix 02, dated November 9, 2017, may person may install a component identified in excluding Appendix 01 and including be used. paragraphs (g)(1) through (g)(5) of this AD on Appendix 02, dated November 9, 2017, may any airplane after doing the actions provided be used. (n) Retained Terminating Action, With Revised Service Information in paragraph (n)(2) of this AD. (l) Retained Corrective Action or Repetitive (2) For airplanes in post-Airbus This paragraph restates the requirements of Modification 27716 or post Airbus Service Inspections for Certain Corrosion Findings, paragraph (n) of AD 2016–07–23, with With Revised Service Information Bulletin A320–52–1100 configuration: As of revised service information. June 6, 2016 (the effective date of AD 2016– This paragraph restates the requirements of (1) Replacement of parts on an airplane, as 07–23), no person may install a component paragraph (l) of AD 2016–07–23, with revised required by paragraph (g), (k), (l)(1), or (m) identified in paragraphs (g)(1) through (g)(5) service information. If any corrosion is found of this AD, does not constitute terminating of this AD on any airplane. during any inspection required by paragraph action for the repetitive inspections required (3) For airplanes in pre-Airbus (i) of this AD on any MLG fixed fairing by paragraph (i) of this AD, except as Modification 155648 or pre-Airbus Service forward stud assembly (upper, lower, LH or specified in paragraph (n)(3) of this AD. Bulletin A320–52–1165 configuration: No RH), but the corroded stud is not loose: Do (2) The repetitive replacements required by person may install a component identified in the action specified in paragraph (l)(1) or paragraph (g) of this AD may be terminated paragraphs (g)(1) through (g)(5) and (i)(1) (l)(2) of this AD. by modification of the airplane to post- through (i)(3) of this AD on any airplane after (1) Before further flight, replace the Airbus Modification 27716 configuration, doing the actions provided in paragraph affected assembly, in accordance with the including a resonance frequency inspection (n)(3) of this AD. Accomplishment Instructions of Airbus for debonding of the composite insert and (4) For airplanes in post-Airbus Service Bulletin A320–52–1163, Revision 01, delamination of the honeycomb area around Modification 155648 or post-Airbus Service including Appendix 01, dated June 22, 2015; the insert, and all applicable corrective Bulletin A320–52–1165 configuration: As of or Airbus Service Bulletin A320–52–1165, actions, in accordance with the June 6, 2016 (the effective date of AD 2016– Revision 01, dated October 23, 2015, Accomplishment Instructions of Airbus 07–23), no person may install a component excluding Appendix 01, dated November 3, Service Bulletin A320–52–1100, Revision 01, identified in (g)(1) through (g)(5) and (i)(1) 2014, and including Appendix 02, dated dated March 12, 1999, provided all through (i)(3) of this AD on any airplane. October 23, 2015; or Airbus Service Bulletin applicable corrective actions are done before A320–52–1165, Revision 03, excluding further flight. Thereafter, refer to paragraph (q) Retained No Reporting Requirement, Appendix 01 and including Appendix 02, (i) of this AD to determine the compliance With No Changes dated November 9, 2017. As of the effective time for the next detailed inspection required This paragraph restates the requirements of date of this AD only Airbus Service Bulletin by this AD. paragraph (q) of AD 2016–07–23, with no A320–52–1163, Revision 01, including (3) Modification of an airplane, in changes. Although Airbus Service Bulletin Appendix 01, dated June 22, 2015; or Airbus accordance with the Accomplishment A320–52–1163, Revision 01, including Service Bulletin A320–52–1165, Revision 03, Instructions of Airbus Service Bulletin A320– Appendix 01, dated June 22, 2015, specifies

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to submit certain information to the dated December 7, 1998, which was not February 5, 2018; for related information. manufacturer, and specifies that action as previously incorporated by reference. This MCAI may be found in the AD docket ‘‘RC’’ (Required for Compliance), this AD (2) This paragraph provides credit for the on the internet at http://www.regulations.gov does not include that requirement. actions required by paragraphs (g), (i), (k), (l), by searching for and locating Docket No. and (m) of this AD, if those actions were (r) New Requirement of This AD: Additional FAA–2018–0762. performed before the effective date of this AD Work (2) For more information about this AD, using Airbus Service Bulletin A320–52–1163, contact Sanjay Ralhan, Aerospace Engineer, For any airplane on which, before the dated February 4, 2014, which was not effective date of this AD, any part was previously incorporated by reference. International Section, Transport Standards installed or replaced, in accordance with the (3) This paragraph provides credit for the Branch, FAA, 2200 South 216th St., Des Accomplishment Instructions of Airbus actions required by paragraphs (k), (l)(1), (m), Moines, WA 98198; telephone and fax 206– Service Bulletin A320–52–1165, dated and (n)(3) of this AD if those actions were 231–3223. November 3, 2014; Revision 01, dated performed before the effective date of this AD (3) Service information identified in this October 13, 2015; or Revision 02, dated using Airbus Service Bulletin A320–52–1165, AD that is not incorporated by reference is February 12, 2016: Within 12 months after Revision 01, dated October 23, 2015, available at the addresses specified in the effective date of this AD, accomplish the excluding Appendix 01, dated November 3, paragraphs (x)(5) and (x)(6) of this AD. instructions identified as ‘‘additional work’’ 2014, and including Appendix 02, dated in the Accomplishment Instructions of October 23, 2015, which was previously (x) Material Incorporated by Reference Airbus Service Bulletin A320–52–1165, incorporated by reference in AD 2016–07–23. Revision 03, excluding Appendix 01 and (1) The Director of the Federal Register including Appendix 02, dated November 9, (v) Other FAA AD Provisions approved the incorporation by reference 2017, as applicable to the airplane (1) Alternative Methods of Compliance (IBR) of the service information listed in this configuration. (AMOCs): The Manager, International paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (s) New Terminating Action Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this (2) You must use this service information Modification of an airplane in accordance AD, if requested using the procedures found as applicable to do the actions required by with the Accomplishment Instructions of in 14 CFR 39.19. In accordance with 14 CFR this AD, unless this AD specifies otherwise. Airbus Service Bulletin A320–52–1165, 39.19, send your request to your principal (3) The following service information was Revision 03, excluding Appendix 01 and inspector or local Flight Standards District approved for IBR on April 15, 2019. including Appendix 02, dated November 9, Office, as appropriate. If sending information 2017, or as specified in paragraph (r) of this (i) Airbus Service Bulletin A320–52–1165, directly to the International Section, send it Revision 03, excluding Appendix 01 and AD constitutes terminating action for the to the attention of the person identified in including Appendix 02, dated November 9, requirements of paragraphs (g) through (m) of paragraph (w)(2) of this AD. Information may this AD for that airplane. be emailed to: 9-ANM-116-AMOC- 2017. (ii) [Reserved] (t) New Parts Installation Prohibition [email protected]. (i) Before using any approved AMOC, (4) The following service information was (1) Do not install on any airplane a approved for IBR on June 6, 2016 (81 FR component specified in paragraphs (g)(1) notify your appropriate principal inspector, 26115, May 2, 2016). through (g)(5) of this AD, as required by or lacking a principal inspector, the manager paragraph (t)(1)(i) or (t)(1)(ii) of this AD, as of the local flight standards district office/ (i) Airbus Service Bulletin A320–52–1100, applicable. certificate holding district office. Revision 01, dated March 12, 1999. (i) For airplanes in pre-Airbus Modification (ii) AMOCs approved previously for AD (ii) Airbus Service Bulletin A320–52–1163, 27716 or pre-Airbus Service Bulletin A320– 2016–07–23 are approved as AMOCs for the Revision 01, including Appendix 01, dated 52–1100 configuration: After completing the corresponding provisions of this AD. June 22, 2015. (2) Contacting the Manufacturer: As of the optional modification specified in paragraph (5) For service information identified in effective date of this AD, for any requirement (n)(2) of this AD. this AD, contact Airbus SAS, Airworthiness (ii) For airplanes in post-Airbus in this AD to obtain corrective actions from a manufacturer, the action must be Office—EIAS, Rond-Point Emile Dewoitine Modification 27716 or post Airbus Service No: 2, 31700 Blagnac Cedex, France; Bulletin A320–52–1100 configuration: As of accomplished using a method approved by telephone +33 5 61 93 36 96; fax +33 5 61 the effective date of this AD. the Manager, International Section, Transport (2) Do not install on any airplane a Standards Branch, FAA; or the European 93 44 51; email account.airworth-eas@ component specified in paragraphs (g)(1) Aviation Safety Agency (EASA); or Airbus airbus.com; internet http://www.airbus.com. through (g)(5) of this AD or paragraphs (i)(1) SAS’s EASA Design Organization Approval (6) You may view this service information through (i)(3) of this AD, as required by (DOA). If approved by the DOA, the approval at the FAA, Transport Standards Branch, paragraph (t)(2)(i) or (t)(2)(ii) of this AD, as must include the DOA-authorized signature. 2200 South 216th St., Des Moines, WA. For applicable. (3) Required for Compliance (RC): Except information on the availability of this as specified by paragraph (q) of this AD: If (i) For airplanes in pre-Airbus Modification material at the FAA, call 206–231–3195. any service information contains procedures 155648 or pre-Airbus Service Bulletin A320– (7) You may view this service information or tests that are identified as RC, those 52–1165, Revision 03, excluding Appendix that is incorporated by reference at the 01 and including Appendix 02, dated procedures and tests must be done to comply National Archives and Records November 9, 2017, configuration: After with this AD; any procedures or tests that are completion of the additional work required not identified as RC are recommended. Those Administration (NARA). For information on by paragraph (r) of this AD. procedures and tests that are not identified the availability of this material at NARA, call (ii) For airplanes in post-Airbus as RC may be deviated from using accepted 202–741–6030, or go to: http:// Modification 155648 or post-Airbus Service methods in accordance with the operator’s www.archives.gov/federal-register/cfr/ibr- Bulletin A320–52–1165, Revision 03, maintenance or inspection program without locations.html. excluding Appendix 01 and including obtaining approval of an AMOC, provided Appendix 02, dated November 9, 2017, the procedures and tests identified as RC can Issued in Des Moines, Washington, on configuration: As of the effective date of this be done and the airplane can be put back in February 22, 2019. AD. an airworthy condition. Any substitutions or Jeffrey E. Duven, changes to procedures or tests identified as Director, System Oversight Division, Aircraft (u) Credit for Previous Actions RC require approval of an AMOC. Certification Service. (1) This paragraph provides credit for optional actions provided by paragraph (n)(2) (w) Related Information [FR Doc. 2019–03786 Filed 3–8–19; 8:45 am] of this AD, if those actions were performed (1) Refer to Mandatory Continuing BILLING CODE 4910–13–P before the effective date of this AD using Airworthiness Information (MCAI) EASA AD Airbus Service Bulletin A320–52–1100, 2018–0023, dated January 26, 2018; corrected

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DEPARTMENT OF TRANSPORTATION Brasileira de Aeronautica S.A. Since this condition may occur in other (Embraer), Technical Publications airplanes of the same type and affects flight Federal Aviation Administration Section (PC 060), Av. Brigadeiro Faria safety, a corrective action [installation of Lima, 2170—Putim—12227–901 Sa˜o stow/transit switches] is required. Thus, 14 CFR Part 39 sufficient reason exists to request compliance Jose dos Campos—SP—Brasil; telephone with this [Brazilian] AD in the indicated time [Docket No. FAA–2019–0118; Product +55 12 3927–5852 or +55 12 3309–0732; limit. Identifier 2018–NM–143–AD; Amendment fax +55 12 3927–7546; email distrib@ 39–19582; AD 2019–03–30] embraer.com.br; internet http:// You may examine the MCAI on the www.flyembraer.com. You may view internet at http://www.regulations.gov RIN 2120–AA64 this referenced service information at by searching for and locating Docket No. Airworthiness Directives; Empresa the FAA, Transport Standards Branch, FAA–2019–0118. Brasileira de Aeronautica S.A. 2200 South 216th St., Des Moines, WA. Relationship Between This AD and AD (Embraer) Airplanes For information on the availability of 2004–13–16, Amendment 39–13698 (69 this material at the FAA, call 206–231– FR 38819, June 29, 2004) (‘‘AD 2004– AGENCY: Federal Aviation 3195. It is also available on the internet 13–16’’) Administration (FAA), DOT. at http://www.regulations.gov by ACTION: Final rule; request for searching for and locating Docket No. We issued AD 2004–13–16 to comments. FAA–2019–0118. correspond to the MCAI. However, AD 2004–13–16 referenced Embraer Service SUMMARY: We are adopting a new Examining the AD Docket Bulletin 145–78–0035, Revision 02, airworthiness directive (AD) for certain You may examine the AD docket on dated January 31, 2003, which has been Empresa Brasileira de Aeronautica S.A. the internet at http:// revised to include additional airplanes. (Embraer) Model EMB–135ER, –135KE, www.regulations.gov by searching for We have determined that not all affected –135KL, and –135LR airplanes and and locating Docket No. FAA–2019– airplanes were listed in Embraer Service Model EMB–145, –145ER, –145MR, 0118; or in person at the Docket Bulletin 145–78–0035, Revision 02, –145LR, –145XR, –145MP, and –145EP Operations office between 9 a.m. and 5 dated January 31, 2003. airplanes. This AD was prompted by p.m., Monday through Friday, except This final rule does not supersede AD reports of internal corrosion of the stow/ Federal holidays. The AD docket transit switches installed in the engine 2004–13–16. Rather, we have contains this AD, the regulatory determined that a stand-alone AD is thrust reversers. This AD requires evaluation, any comments received, and installation of new stow/transit more appropriate to address the other information. The street address for airplanes that were not identified in the switches. We are issuing this AD to the Docket Operations office (telephone address the unsafe condition on these applicability of AD 2004–13–16. 800–647–5527) is in the ADDRESSES products. section. Comments will be available in Related Service Information Under 1 DATES: This AD becomes effective the AD docket shortly after receipt. CFR Part 51 March 26, 2019. FOR FURTHER INFORMATION CONTACT: Embraer issued Service Bulletin 145– The Director of the Federal Register Kathleen Arrigotti, Aerospace Engineer, 78–0035, Revision 03, dated November approved the incorporation by reference International Section, Transport 26, 2004. This service information of a certain publication listed in this AD Standards Branch, FAA, 2200 South describes procedures for installing new as of March 26, 2019. 216th St., Des Moines, WA 98198; stow/transit switches having part The Director of the Federal Register telephone and fax 206–231–3218. number 83–990–168 on both engines. approved the incorporation by reference This service information is reasonably of a certain other publication listed in SUPPLEMENTARY INFORMATION: available because the interested parties this AD as of August 3, 2004 (69 FR Discussion have access to it through their normal 38819, June 29, 2004). The Ageˆncia Nacional de Aviac¸a˜o We must receive comments on this course of business or by the means Civil (ANAC), which is the aviation ADDRESSES AD by April 25, 2019. identified in the section. authority for Brazil, has issued Brazilian Embraer also issued Service Bulletin ADDRESSES: You may send comments, AD 2001–05–03R3, dated April 22, 2003 145–78–0035, Revision 02, dated using the procedures found in 14 CFR (referred to after this as the Mandatory 11.43 and 11.45, by any of the following January 31, 2003, which the Director of Continuing Airworthiness Information, the Federal Register approved for methods: or ‘‘the MCAI’’), to correct an unsafe • Federal eRulemaking Portal: Go to incorporation by reference as of August condition for all Empresa Brasileira de http://www.regulations.gov. Follow the 3, 2004 (69 FR 38819, June 29, 2004). Aeronautica S.A. (Embraer) Model instructions for submitting comments. FAA’s Determination • Fax: 202–493–2251. EMB–135 airplanes and Model EMB– • Mail: U.S. Department of 145, 145ER, –145MR, –145LR, –145XR, This product has been approved by Transportation, Docket Operations, M– –145MP, and 145EP airplanes. The the aviation authority of another 30, West Building Ground Floor, Room MCAI states: country, and is approved for operation W12–140, 1200 New Jersey Avenue SE, There have been found cases of internal in the United States. Pursuant to our Washington, DC 20590. corrosion of the stow/transit switches bilateral agreement with the State of • Hand Delivery: U.S. Department of installed in the engine thrust reversers of Design Authority, we have been notified Transportation, Docket Operations, M– EMB–145 ( ) aircraft models. One case of of the unsafe condition described in the 30, West Building Ground Floor, Room severely contaminated transit switch resulted MCAI and service information in uncommanded engine rollback to idle in referenced above. We are issuing this W12–140, 1200 New Jersey Avenue SE, flight. Spurious messages ‘‘ENG ( ) REV Washington, DC, between 9 a.m. and 5 DISAGREE’’ have also been displayed in the AD because we evaluated all pertinent p.m., Monday through Friday, except [Engine Indicating and Crew Alerting information and determined the unsafe Federal holidays. System] EICAS, due to the above internal condition exists and is likely to exist or For service information identified in corrosion, which have induced aborted develop on other products of the same this final rule, contact Empresa takeoffs. type design.

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Requirements of This AD Comments Invited amend this AD based on those comments. This AD requires accomplishing the This AD is a final rule that involves requirements affecting flight safety, and We will post all comments we actions specified in the service we did not precede it by notice and receive, without change, to http:// information described previously. opportunity for public comment. We www.regulations.gov, including any FAA’s Justification and Determination invite you to send any written relevant personal information you provide. We of the Effective Date data, views, or arguments about this AD. will also post a report summarizing each Send your comments to an address substantive verbal contact we receive Since there are currently no domestic listed under the ADDRESSES section. about this AD. operators of this product, notice and Include ‘‘Docket No. FAA–2019–0118; Costs of Compliance opportunity for public comment before Product Identifier 2018–NM–143–AD’’ issuing this AD are unnecessary. In at the beginning of your comments. We Currently, there are no affected U.S.- addition, for the reason stated above, we specifically invite comments on the registered airplanes. If an affected find that good cause exists for making overall regulatory, economic, airplane is imported and placed on the this amendment effective in less than 30 environmental, and energy aspects of U.S. Register in the future, we provide days. this AD. We will consider all comments the following cost estimates to comply received by the closing date and may with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Labor cost Parts cost product

8 work-hours × $85 per hour = $680 ...... $194 $874

Authority for This Rulemaking Executive Order 13132. This AD will § 39.13 [Amended] not have a substantial direct effect on Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding the States, on the relationship between specifies the FAA’s authority to issue the following new airworthiness the national government and the States, rules on aviation safety. Subtitle I, directive (AD): section 106, describes the authority of or on the distribution of power and responsibilities among the various 2019–03–30 Empresa Brasileira de the FAA Administrator. Subtitle VII: Aeronautica S.A. (Embraer): levels of government. Aviation Programs, describes in more Amendment 39–19582; Docket No. detail the scope of the Agency’s For the reasons discussed above, I FAA–2019–0118; Product Identifier authority. certify that this AD: 2018–NM–143–AD. We are issuing this rulemaking under 1. Is not a ‘‘significant regulatory the authority described in Subtitle VII, (a) Effective Date action’’ under Executive Order 12866; Part A, Subpart III, Section 44701: This AD becomes effective March 26, 2019. 2. Is not a ‘‘significant rule’’ under the ‘‘General requirements.’’ Under that (b) Affected ADs section, Congress charges the FAA with DOT Regulatory Policies and Procedures promoting safe flight of civil aircraft in (44 FR 11034, February 26, 1979); None. air commerce by prescribing regulations 3. Will not affect intrastate aviation in (c) Applicability for practices, methods, and procedures Alaska; and This AD applies to Empresa Brasileira de the Administrator finds necessary for 4. Will not have a significant Aeronautica S.A. (Embraer) Model EMB– safety in air commerce. This regulation 135ER, –135KE, –135KL, and –135LR is within the scope of that authority economic impact, positive or negative, on a substantial number of small entities airplanes; and Model EMB–145, –145ER, because it addresses an unsafe condition –145MR, –145LR, –145XR, –145MP, and that is likely to exist or develop on under the criteria of the Regulatory –145EP airplanes identified in Embraer products identified in this rulemaking Flexibility Act. Service Bulletin 145–78–0035, Revision 03, action. List of Subjects in 14 CFR Part 39 dated November 26, 2004; certificated in any This AD is issued in accordance with category; except airplanes identified in authority delegated by the Executive Air transportation, Aircraft, Aviation Embraer Service Bulletin 145–78–0035, Director, Aircraft Certification Service, safety, Incorporation by reference, Revision 02, dated January 31, 2003. as authorized by FAA Order 8000.51C. Safety. (d) Subject In accordance with that order, issuance of ADs is normally a function of the Adoption of the Amendment Air Transport Association (ATA) of America Code 78, Engine Exhaust. Compliance and Airworthiness Accordingly, under the authority Division, but during this transition delegated to me by the Administrator, (e) Reason period, the Executive Director has the FAA amends 14 CFR part 39 as This AD was prompted by reports of delegated the authority to issue ADs follows: internal corrosion of the stow/transit applicable to transport category switches installed in the engine thrust airplanes and associated appliances to PART 39—AIRWORTHINESS reversers. We are issuing this AD to address the Director of the System Oversight DIRECTIVES corrosion of the stow/transit switches, which Division. could result in uncommanded loss of engine Regulatory Findings ■ 1. The authority citation for part 39 power in-flight or erroneous signals in the Engine Indicating and Crew Alerting System We determined that this AD will not continues to read as follows: (EICAS), which could induce aborted have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. takeoffs.

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(f) Compliance tests that are identified as RC, those the availability of this material at NARA, call Comply with this AD within the procedures and tests must be done to comply 202–741–6030, or go to: http:// compliance times specified, unless already with this AD; any procedures or tests that are www.archives.gov/federal-register/cfr/ibr- done. not identified as RC are recommended. Those locations.html. procedures and tests that are not identified (g) Installation of Stow/Transit Switches Issued in Des Moines, Washington, on as RC may be deviated from using accepted February 28, 2019. Before the accumulation of 2,000 total methods in accordance with the operator’s flight hours, or within 400 flight hours after maintenance or inspection program without Michael Kaszycki, the effective date of this AD, whichever obtaining approval of an AMOC, provided Acting Director, System Oversight Division, occurs later, install new stow/transit the procedures and tests identified as RC can Aircraft Certification Service. switches having part number (P/N) 83–990– be done and the airplane can be put back in [FR Doc. 2019–04312 Filed 3–8–19; 8:45 am] 168, on the #1 and #2 engine thrust reversers, an airworthy condition. Any substitutions or BILLING CODE 4910–13–P in accordance with the Accomplishment changes to procedures or tests identified as Instructions of Embraer Service Bulletin 145– RC require approval of an AMOC. 78–0035, Revision 03, dated November 26, 2004. (k) Related Information DEPARTMENT OF HOMELAND (1) Refer to Mandatory Continuing SECURITY (h) Parts Installation Limitation Airworthiness Information (MCAI) Brazilian As of the effective date of this AD, no AD 2001–05–03R3, dated April 22, 2003, for Coast Guard person may install, on any airplane, a stow/ related information. This MCAI may be transit switch having P/N 83–990–137 or P/ found in the AD docket on the internet at 33 CFR Part 100 N 83–990–152. http://www.regulations.gov by searching for [Docket Number USCG–2019–0059] (i) Credit for Previous Actions and locating Docket No. FAA–2019–0118. (2) For more information about this AD, RIN 1625–AA08 This paragraph provides credit for actions contact Kathleen Arrigotti, Aerospace required by paragraph (g) of this AD, if those Engineer, International Section, Transport actions were performed before the effective Special Local Regulation; Gulfport Standards Branch, FAA, 2200 South 216th Grand Prix, Boca Ciego Bay, Gulfport, date of this AD using the applicable St., Des Moines, WA 98198; telephone and document specified in paragraphs (i)(1), fax 206–231–3218. FL (i)(2), and (i)(3) of this AD. (3) Service information identified in this (1) Embraer Service Bulletin 145–78–0035, AGENCY: Coast Guard, DHS. AD that is not incorporated by reference is dated October 4, 2002. This document is not available at the addresses specified in ACTION: Temporary final rule. incorporated by reference in this AD. paragraphs (l)(5) and (l)(6) of this AD. (2) Embraer Service Bulletin 145–78–0035, SUMMARY: The Coast Guard is Revision 01, dated December 11, 2002. This (l) Material Incorporated by Reference establishing a special local regulation on document is not incorporated by reference in (1) The Director of the Federal Register the waters of the Boca Ciego Bay in the this AD. approved the incorporation by reference vicinity of Gulfport, Florida, during the (3) Embraer Service Bulletin 145–78–0035, (IBR) of the service information listed in this Gulfport Grand Prix High Speed Boat Revision 02, dated January 31, 2003. This paragraph under 5 U.S.C. 552(a) and 1 CFR document is incorporated by reference in AD Race. Approximately 75 boats, 14–30 part 51. 2004–13–16, Amendment 39–13698 (69 FR feet in length, traveling at speeds in (2) You must use this service information 38819, June 29, 2004). excess of 120 miles per hour are as applicable to do the actions required by expected to participate. Additionally, it (j) Other FAA AD Provisions this AD, unless this AD specifies otherwise. (3) The following service information was is anticipated that 100 spectator vessels The following provisions also apply to this will be present along the race course. AD: approved for IBR on April 15, 2019. (i) Embraer Service Bulletin 145–78–0035, The special local regulation is necessary (1) Alternative Methods of Compliance to protect the safety of race participants, (AMOCs): The Manager, International Revision 03, dated November 26, 2004. Section, Transport Standards Branch, FAA, (ii) [Reserved] participant vessels, spectators, and the has the authority to approve AMOCs for this (4) The following service information was general public on navigable waters of AD, if requested using the procedures found approved for IBR on August 3, 2004 (69 FR the Gulf of Mexico during the event. in 14 CFR 39.19. In accordance with 14 CFR 38819, June 29, 2004). The special local regulation will 39.19, send your request to your principal (i) Embraer Service Bulletin 145–78–0035, establish the following regulated areas: Revision 02, dated January 31, 2003. Pages 1 inspector or local Flight Standards District A race area where all non-participant Office, as appropriate. If sending information and 2 of this document are identified as Revision 02, dated January 31, 2003; pages 3 persons and vessels are prohibited from directly to the International Section, send it entering, transiting through, anchoring to the attention of the person identified in through 13 are identified as the original paragraph (k)(2) of this AD. Information may version, dated October 4, 2002. in, or remaining within the regulated be emailed to 9-ANM-116-AMOC- (ii) [Reserved] area unless authorized by the Captain of [email protected]. Before using any (5) For service information identified in the Port St. Petersburg (COTP) or a approved AMOC, notify your appropriate this AD, contact Empresa Brasileira de designated representative; and a buffer principal inspector, or lacking a principal Aeronautica S.A. (Embraer), Technical zone where designated representatives inspector, the manager of the local flight Publications Section (PC 060), Av. Brigadeiro may control vessel traffic as deemed standards district office/certificate holding Faria Lima, 2170—Putim—12227–901 Sa˜o Jose dos Campos—SP—Brasil; telephone +55 necessary by the COTP St. Petersburg or district office. a designated representative based upon (2) Contacting the Manufacturer: For any 12 3927–5852 or +55 12 3309–0732; fax +55 requirement in this AD to obtain corrective 12 3927–7546; email [email protected]; prevailing weather conditions. actions from a manufacturer, the action must internet http://www.flyembraer.com. DATES: This rule is effective daily from be accomplished using a method approved (6) You may view this service information 8 a.m. until 5 p.m. on March 29, 2019 by the Manager, International Section, at the FAA, Transport Standards Branch, through March 31, 2019. 2200 South 216th St., Des Moines, WA. For Transport Standards Branch, FAA; or the ADDRESSES: To view documents Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC); information on the availability of this or ANAC’s authorized Designee. If approved material at the FAA, call 206–231–3195. mentioned in this preamble as being by the ANAC Designee, the approval must (7) You may view this service information available in the docket, go to http:// include the Designee’s authorized signature. that is incorporated by reference at the www.regulations.gov, type USCG–2019– (3) Required for Compliance (RC): If any National Archives and Records 0059 in the ‘‘SEARCH’’ box and click service information contains procedures or Administration (NARA). For information on ‘‘SEARCH.’’ Click on Open Docket

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Folder on the line associated with this public on the navigable waters of the Order 12866. Accordingly, this rule has rule. Gulf of Mexico during the Gulfport not been reviewed by the Office of FOR FURTHER INFORMATION CONTACT: If Grand Prix High Speed Boat Race event. Management and Budget (OMB), and pursuant to OMB guidance it is exempt you have questions on this rule, call or IV. Discussion of the Rule email Marine Science Technician First from the requirements of Executive Class Michael D. Shackleford, Sector St. This rule establishes a special local Order 13771. Petersburg Prevention Department, regulation that will encompass certain This regulatory action determination Coast Guard; telephone (813) 228–2191, waters of the Boca Ciega Bay in the is based on: (1) The special local email [email protected]. vicinity of Gulfport, Florida. The special regulation will be enforced for only nine local regulation will be enforced daily hours on three days; (2) although SUPPLEMENTARY INFORMATION: from 8 a.m. to 5 p.m. on March 29, 2019 persons and vessels may not enter, I. Table of Abbreviations through March 31, 2019. The special transit through, anchor in, or remain local regulation will establish two CFR Code of Federal Regulations within the regulated area without DHS Department of Homeland Security regulated areas: (1) A race area where all authorization from the COTP St. FR Federal Register persons and vessels, except those Petersburg or a designated NPRM Notice of proposed rulemaking persons and vessels participating in the representative, they may operate in the Pub. L. Public Law high speed boat races, are prohibited surrounding area during the § Section from entering, transiting through, enforcement period; (3) persons and U.S.C. United States Code anchoring in, or remaining within the vessels may still enter, transit through, COTP Captain of the Port regulated area without obtaining anchor in, or remain within the II. Background Information and permission from the COTP St. regulated area or anchor in the spectator Regulatory History Petersburg or a designated area, during the enforcement period if representative; and (2) a buffer zone authorized by the COTP St. Petersburg The Coast Guard is establishing this where vessel traffic may be controlled as or a designated representative; and (4) special local regulation without prior determined by the COTP St. Petersburg the Coast Guard will provide advance notice and opportunity to comment or a designated representative based notification of the special local pursuant to authority under section 4(a) upon prevailing weather conditions. regulation to the local maritime of the Administrative Procedure Act Persons and vessels may request community by Local Notice to Mariners (APA) (5 U.S.C. 553(b)). This provision authorization to enter, transit through, and/or Broadcast Notice to Mariners. authorizes an agency to issue a rule anchor in, or remain within the B. Impact on Small Entities without prior notice and opportunity to regulated area by contacting the Captain comment when the agency for good of the Port (COTP) St. Petersburg by The Regulatory Flexibility Act of cause finds that those procedures are telephone at (727) 824–7506, or a 1980, 5 U.S.C. 601–612, as amended, ‘‘impracticable, unnecessary, or contrary designated representative via VHF radio requires federal agencies to consider the to the public interest.’’ Under 5 U.S.C. on channel 16. If authorization to enter, potential impact of regulations on small 553(b)(B), the Coast Guard finds that transit through, anchor in, or remain entities during rulemaking. The term good cause exists for not publishing an within the regulated area is granted by ‘‘small entities’’ comprises small NPRM with respect to this rule because the COTP St. Petersburg or a designated businesses, not-for-profit organizations it is impracticable. Insufficient time representative, all persons and vessels that are independently owned and remains to publish an NPRM and to receiving such authorization must operated and are not dominant in their receive public comments, as the event comply with the instructions of the fields, and governmental jurisdictions will occur before the rulemaking COTP St. Petersburg or a designated with populations of less than 50,000. process would be completed. Because of representative. The Coast Guard will The Coast Guard certifies under 5 U.S.C. the potential safety hazards associated provide notice of the regulated areas by 605(b) that this rule would not have a with the race, the regulation is Local Notice to Mariners, Broadcast significant economic impact on a necessary to provide for the safety of the Notice to Mariners, or by on-scene substantial number of small entities. race participants, spectators, and vessels designated representatives. While some owners or operators of transiting the event area. Additionally, vessels intending to transit the safety the Coast Guard is currently drafting a V. Regulatory Analyses zone may be small entities, for the NPRM covering this annual recurring We developed this rule after reasons stated in section V.A above, this event; however, the NPRM will not be considering numerous statutes and rule will not have a significant finalized before the start date of the Executive orders related to rulemaking. economic impact on any vessel owner event. For those reasons, it would be Below we summarize our analyses or operator. impracticable to publish an NRPM. based on a number of these statutes and Under section 213(a) of the Small Under 5 U.S.C. 553(d)(3), the Coast executive orders, and we discuss First Business Regulatory Enforcement Guard finds that good cause exists for Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), making this rule effective less than 30 we want to assist small entities in A. Regulatory Planning and Review days after publication in the Federal understanding this rule. If the rule Register. For the reasons discussed Executive Orders 12866 and 13563 would affect your small business, above, the Coast Guard finds that good direct agencies to assess the costs and organization, or governmental cause exists. benefits of available regulatory jurisdiction and you have questions alternatives and, if regulation is concerning its provisions or options for III. Legal Authority and Need for Rule necessary, to select regulatory compliance, please contact the person The legal basis for this rule is the approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION Coast Guard’s authority to establish Executive Order 13771 directs agencies CONTACT section. special local regulations in 33 U.S.C. to control regulatory costs through a Small businesses may send comments 1233. The purpose of the rule is to budgeting process. This rule has not on the actions of federal employees who provide for the safety of event been designated a ‘‘significant enforce, or otherwise determine participants, spectators, and the general regulatory action,’’ under Executive compliance with, Federal regulations to

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the Small Business and Agriculture F. Environment thence to position 27°44′07″ N, ° ′ ″ Regulatory Enforcement Ombudsman We have analyzed this rule under 082 42 40 W, thence to position ° ′ ″ ° ′ ″ and the Regional Small Business Department of Homeland Security 27 44 06 N, 082 42 40 W, thence to ° ′ ″ ° ′ ″ Regulatory Fairness Boards. The Directive 023–01 and Commandant position 27 44 04 N, 082 42 29 W, Ombudsman evaluates these actions Instruction M16475.lD, which guide the thence to position 27°44′07″ N, annually and rates each agency’s Coast Guard in complying with the 082°42′19″ W, thence to position responsiveness to small business. If you National Environmental Policy Act of 27°44′08″ N, 082°42′19″ W, thence back wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have to the original position, 27°44′10″ N, employees of the Coast Guard, call 1– made a determination that this action is 082°42′29″ W. 888–REG–FAIR (1–888–734–3247). The one of a category of actions that do not (2) Buffer zone. All waters of Boca de Coast Guard will not retaliate against individually or cumulatively have a small entities that question or complain Ciego encompassed within the significant effect on the human ° ′ ″ about this rule or any policy or action following points: 27 44 10 N, environment. This rule involves a ° ′ ″ of the Coast Guard. 082 42 47 W, thence to position special local regulation issued in 27°44′01″ N, 082°42′44″ W, thence to conjunction with a regatta or marine C. Collection of Information position 27°44′01″ N, 082°42′14″ W, parade enforced for nine hours daily thence to position 27°44′15″ N, This rule will not call for a new over a period of three days that will 082°42′14″ W. collection of information under the prohibit non-participant persons and Paperwork Reduction Act of 1995 (44 vessels from entering, transiting (b) Definition. The term ‘‘designated U.S.C. 3501–3520). through, remaining within, or anchoring representative″ means Coast Guard in the regulated area. This rule is Patrol Commanders, including Coast D. Federalism and Indian Tribal categorically excluded from further Guard coxswains, petty officers, and Governments review under paragraph L61 of other officers operating Coast Guard A rule has implications for federalism Appendix A, Table 1 of DHS Instruction vessels, and Federal, state, and local under Executive Order 13132, Manual 023–01–001–01, Rev. 01. A officers designated by or assisting the Federalism, if it has a substantial direct Record of Environmental Consideration COTP St. Petersburg in the enforcement effect on the States, on the relationship supporting this determination is of the regulated areas. available in the docket where indicated between the national government and (c) Regulations. (1) All non- under ADDRESSES. the States, or on the distribution of participant persons and vessels are power and responsibilities among the G. Protest Activities prohibited from entering, transiting various levels of government. We have through, anchoring in, or remaining analyzed this rule under that Order and The Coast Guard respects the First within the race area unless an have determined that it is consistent Amendment rights of protesters. authorized by the Captain of the Port with the fundamental federalism Protesters are asked to contact the (COTP) St. Petersburg or a designated principles and preemption requirements person listed in the FOR FURTHER described in Executive Order 13132. INFORMATION CONTACT section to representative. coordinate protest activities so that your (2) Vessel traffic within the buffer Also, this rule does not have tribal message can be received without implications under Executive Order zone may be controlled by the COTP St. jeopardizing the safety or security of Petersburg or a designated 13175, Consultation and Coordination people, places, or vessels. with Indian Tribal Governments, representative as deemed necessary by because it would not have a substantial List of Subjects in 33 CFR Part 100 the COTP St. Petersburg or a designated representative based upon prevailing direct effect on one or more Indian Marine safety, Navigation (water), tribes, on the relationship between the Reporting and recordkeeping weather conditions. Federal Government and Indian tribes, requirements, Waterways. (3) Persons and vessels desiring to or on the distribution of power and For the reasons discussed in the enter, transit through, anchor in, or responsibilities between the Federal preamble, the Coast Guard amends 33 remain within the race area contact the Government and Indian tribes. If you CFR part 100 as follows: COTP St. Petersburg by telephone at believe this rule has implications for (727) 824–7506 or via VHF–FM radio federalism or Indian tribes, please PART 100—SAFETY OF LIFE ON Channel 16 to request authorization. contact the person listed in the FOR NAVIGABLE WATERS FURTHER INFORMATION CONTACT section (4) If authorization to enter, transit above. ■ 1. The authority citation for part 100 through, anchor in, or remain within the continues to read as follows: race area is granted, all persons and E. Unfunded Mandates Reform Act vessels receiving such authorization Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. shall comply with the instructions of The Unfunded Mandates Reform Act ■ 2. Add § 100.T07–0059 to read as the COTP or a designated of 1995 (2 U.S.C. 1531–1538) requires follows: federal agencies to assess the effects of representative. their discretionary regulatory actions. In § 100.T07–0059 Special Local Regulation; (5) The Coast Guard will provide particular, the Act addresses actions Gulfport Grand Prix, Boca de Ciego; notice of the regulated areas by Local that may result in the expenditure by a Gulfport, FL. Notice to Mariners, Broadcast Notice to State, local, or tribal government, in the (a) Location. The following regulated Mariners, or by on-scene designated aggregate, or by the private sector of areas are established as a special local representatives. $100,000,000 (adjusted for inflation) or regulation. All coordinates are North (d) Enforcement period. This rule will more in any one year. Though this rule American Datum 1983. be enforced daily from 8 a.m. until 5 would not result in such expenditure, (1) Race area. All waters of Boca de p.m. on March 29, 2019 through March we do discuss the effects of this rule Ciego contained within the following 31, 2019. elsewhere in this preamble. points: 27°44′10″ N, 082°42′29″ W,

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Dated: March 4, 2019. Chicago, Illinois 60604, (312) 886–0671, Review SIP. As part of that submittal H.L. Najarian, [email protected]. requesting revisions to Parts 1 (General Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: Provisions) and 2, Michigan specifically Port St. Petersburg. Throughout this document whenever requested to rescind rule 336.1221. As [FR Doc. 2019–04332 Filed 3–8–19; 8:45 am] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean part of its technical support document, BILLING CODE 9110–04–P EPA. This supplementary information Michigan stated that rule 336.1221 was section is arranged as follows: rescinded from the State rules in 1990, and requests that EPA remove it from I. Background the SIP. ENVIRONMENTAL PROTECTION II. What action is EPA taking? At the time of the 1999 proposed III. Statutory and Executive Order Reviews AGENCY disapproval, the Part 2 rules also I. Background included the state’s major 40 CFR Part 52 Section 110(a)(2)(C) of the Clean Air nonattainment PTI permitting program. Act requires that the SIP include a The major nonattainment provisions [EPA–R05–OAR–2007–1092; FRL–9990–43- have been removed from Part 2, and are Region 5] program to provide for the ‘‘regulation of the modification and construction of now covered by the Part 19 (New Source Air Plan Approval; Michigan; Michigan any stationary source within the areas Review for Major Sources Impacting Minor New Source Review covered by the plan as necessary to Nonattainment Areas) rules. The Part 19 rules were fully approved by EPA into assure that national ambient air quality AGENCY: Environmental Protection the Michigan SIP on December 16, 2013, standards are achieved.’’ This includes Agency (EPA). (78 FR 76064). The Federal a program for permitting construction nonattainment air quality permitting ACTION: Final rule. and modification of both major and regulations are found in 40 CFR minor sources that the State deems SUMMARY: The Environmental Protection 51.165(a) and (b). The Federal rules necessary to protect air quality. The Agency (EPA) is approving the found at 40 CFR 51.165(a) and (b) State of Michigan’s minor source permit rescission of Michigan rule 221 from the specify the elements necessary for to install rules are contained in Part 2 Michigan state implementation plan approval of a State permit program for (Air Use Approval) of the Michigan (SIP). Rule 221 exempted sources that preconstruction review for Administrative Code. Changes to the had significant net emission increases of nonattainment purposes under Part D of Part 2 rules were submitted on sulfur dioxide, particulate matter, and the Clean Air Act. A major source or November 12, 1993; May 16, 1996; April carbon monoxide from offset major modification that would be 3, 1998; September 2, 2003; March 24, requirements. Michigan rescinded this located in an area designated as 2009; and February 28, 2017. EPA rule effective November 14, 1990. nonattainment and subject to the approved changes to the Part 2 rules nonattainment area permitting rules DATES: This final rule is effective on most recently in a final approval dated must meet stringent conditions designed April 10, 2019. August 31, 2018 (83 FR 44485). to ensure that the new source’s ADDRESSES: EPA has established a Rule 336.1221 (Construction of emissions will be controlled to the docket for this action under Docket ID sources of particulate matter, sulfur greatest degree possible; that more than No. EPA–R05–OAR–2007–1092. All dioxide, or carbon monoxide in or near equivalent offsetting emission documents in the docket are listed on nonattainment areas; conditions for reductions will be obtained from the www.regulations.gov website. approval). existing sources; and that there will be Although listed in the index, some EPA published a proposed progress toward achieving the National information is not publicly available, disapproval of the 1993, 1996, and 1996 Ambient Air Quality Standards. EPA i.e., Confidential Business Information submittals on November 9, 1999 (64 FR has found that the rules as submitted by (CBI) or other information whose 61046), but never published a final Michigan for inclusion into its SIP are disclosure is restricted by statute. disapproval. As part of that proposed at least as stringent as the Federal rules. Certain other material, such as disapproval, EPA conducted an By rescinding rule 221 from the copyrighted material, is not placed on evaluation of the State submittal and Michigan SIP, the Michigan SIP is the internet and will be publicly found that as one of the items, the State meeting the Federal statutory available only in hard copy form. failed to rescind Michigan rule requirements for an approvable Part 2 Publicly available docket materials are 336.1221. In that action, EPA stated, available either through and Part 19 air permitting program. ‘‘Michigan rule 336.1221 impermissibly On December 13, 2018 (83 FR 64055), www.regulations.gov or at the exempts sources that have significant Environmental Protection Agency, EPA published a Federal Register action net emissions increases of sulfur proposing approval of the rescission of Region 5, Air and Radiation Division, 77 dioxide, particulate matter, and carbon West Jackson Boulevard, Chicago, rule 221 from the Michigan SIP. EPA monoxide from offset requirements. received no comments during the public Illinois 60604. This facility is open from Michigan Department of Environmental 8:30 a.m. to 4:30 p.m., Monday through comment period which ended on Quality rescinded Michigan rule January 14, 2019. Friday, excluding Federal holidays. We 336.1221 effective November 14, 1990. recommend that you telephone However, the State never submitted the II. What action is EPA taking? Constantine Blathras, Environmental rule to EPA for rescission. Because EPA is approving the rescission of Engineer, at (312) 886–0671 before Michigan did not submit the rescission Michigan rule 336.1221 from the visiting the Region 5 office. to the USEPA for removal of the rule Michigan SIP. FOR FURTHER INFORMATION CONTACT: from the SIP, the Michigan NSR rules Constantine Blathras, Environmental are not approvable at this time.’’ III. Statutory and Executive Order Engineer, Air Permits Section, Air On September 24, 2003, the State of Reviews Programs Branch (AR–18J), Michigan submitted a SIP revision to Under the Clean Air Act, the Environmental Protection Agency, EPA requesting full approval of Administrator is required to approve a Region 5, 77 West Jackson Boulevard, Michigan’s Clean Air Act New Source SIP submission that complies with the

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provisions of the Clean Air Act and governments or preempt tribal law as ENVIRONMENTAL PROTECTION applicable Federal regulations. 42 specified by Executive Order 13175 (65 AGENCY U.S.C. 7410(k); 40 CFR 52.02(a). Thus, FR 67249, November 9, 2000). in reviewing SIP submissions, EPA’s The Congressional Review Act, 5 40 CFR Part 180 role is to approve state choices, U.S.C. 801 et seq., as added by the Small [EPA–HQ–OPP–2017–0465; FRL–9983–79] provided that they meet the criteria of Business Regulatory Enforcement the Clean Air Act. Accordingly, this Fairness Act of 1996, generally provides S-Metolachlor; Pesticide Tolerances action merely approves state law as that before a rule may take effect, the meeting Federal requirements and does agency promulgating the rule must AGENCY: Environmental Protection not impose additional requirements submit a rule report, which includes a Agency (EPA). beyond those imposed by state law. For copy of the rule, to each House of the ACTION: Final rule. that reason, this action: Congress and to the Comptroller General • Is not a significant regulatory action of the United States. EPA will submit a SUMMARY: This regulation establishes subject to review by the Office of report containing this action and other tolerances for residues of S-metolachlor Management and Budget under required information to the U.S. Senate, in or on multiple commodities which Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and are identified and discussed later in this October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United document. Interregional Research January 21, 2011); Project Number 4 (IR–4) requested these • States prior to publication of the rule in Is not an Executive Order 13771 (82 the Federal Register. A major rule tolerances under the Federal Food, FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it Drug, and Cosmetic Act (FFDCA). action because SIP approvals are is published in the Federal Register. DATES: This regulation is effective exempted under Executive Order 12866; This action is not a ‘‘major rule’’ as March 11, 2019. Objections and requests • Does not impose an information defined by 5 U.S.C. 804(2). for hearings must be received on or collection burden under the provisions before May 10, 2019, and must be filed of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of in accordance with the instructions U.S.C. 3501 et seq.); provided in 40 CFR part 178 (see also • this action must be filed in the United Is certified as not having a SUPPLEMENTARY States Court of Appeals for the Unit I.C. of the significant economic impact on a INFORMATION). substantial number of small entities appropriate circuit by May 10, 2019. under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by ADDRESSES: The docket for this action, U.S.C. 601 et seq.); the Administrator of this final rule does identified by docket identification (ID) • Does not contain any unfunded not affect the finality of this action for number EPA–HQ–OPP–2017–0465, is mandate or significantly or uniquely the purposes of judicial review nor does available at http://www.regulations.gov affect small governments, as described it extend the time within which a or at the Office of Pesticide Programs in the Unfunded Mandates Reform Act petition for judicial review may be filed, Regulatory Public Docket (OPP Docket) of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness in the Environmental Protection Agency • Does not have Federalism of such rule or action. This action may Docket Center (EPA/DC), West William implications as specified in Executive not be challenged later in proceedings to Jefferson Clinton Bldg., Rm. 3334, 1301 Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section Constitution Ave. NW, Washington, DC 1999); 307(b)(2).) 20460–0001. The Public Reading Room • Is not an economically significant is open from 8:30 a.m. to 4:30 p.m., List of Subjects in 40 CFR Part 52 regulatory action based on health or Monday through Friday, excluding legal safety risks subject to Executive Order Environmental protection, Air holidays. The telephone number for the 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide, Public Reading Room is (202) 566–1744, • Is not a significant regulatory action Incorporation by reference, and the telephone number for the OPP subject to Executive Order 13211 (66 FR Intergovernmental relations, Particulate Docket is (703) 305–5805. Please review 28355, May 22, 2001); matter, Sulfur oxides. the visitor instructions and additional • Is not subject to requirements of information about the docket available Dated: February 25, 2019. Section 12(d) of the National at http://www.epa.gov/dockets. Cheryl L Newton, Technology Transfer and Advancement FOR FURTHER INFORMATION CONTACT: Acting Regional Administrator, Region 5. Act of 1995 (15 U.S.C. 272 note) because Michael Goodis, Registration Division application of those requirements would 40 CFR part 52 is amended as follows: (7505P), Office of Pesticide Programs, be inconsistent with the Clean Air Act; Environmental Protection Agency, 1200 and PART 52—APPROVAL AND • Pennsylvania Ave. NW, Washington, DC Does not provide EPA with the PROMULGATION OF 20460–0001; main telephone number: discretionary authority to address, as IMPLEMENTATION PLANS (703) 305–7090; email address: appropriate, disproportionate human [email protected]. health or environmental effects, using ■ 1. The authority citation for part 52 SUPPLEMENTARY INFORMATION: practicable and legally permissible continues to read as follows: methods, under Executive Order 12898 Authority: 42 U.S.C. 7401 et seq. I. General Information (59 FR 7629, February 16, 1994). A. Does this action apply to me? In addition, the SIP is not approved § 52.1170 [Amended] to apply on any Indian reservation land You may be potentially affected by or in any other area where EPA or an ■ 2. In § 52.1170, the table in paragraph this action if you are an agricultural Indian tribe has demonstrated that a (c) is amended by removing the entry for producer, food manufacturer, or tribe has jurisdiction. In those areas of ‘‘R 336.1221’’ under ‘‘Part 2. Air Use pesticide manufacturer. The following Indian country, the rule does not have Approval’’. list of North American Industrial tribal implications and will not impose [FR Doc. 2019–04162 Filed 3–8–19; 8:45 am] Classification System (NAICS) codes is substantial direct costs on tribal BILLING CODE 6560–50–P not intended to be exhaustive, but rather

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provides a guide to help readers • Hand Delivery: To make special III. Aggregate Risk Assessment and determine whether this document arrangements for hand delivery or Determination of Safety applies to them. Potentially affected delivery of boxed information, please Section 408(b)(2)(A)(i) of FFDCA entities may include: follow the instructions at http:// allows EPA to establish a tolerance (the • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. legal limit for a pesticide chemical • Animal production (NAICS code Additional instructions on residue in or on a food) only if EPA 112). commenting or visiting the docket, determines that the tolerance is ‘‘safe.’’ • Food manufacturing (NAICS code along with more information about Section 408(b)(2)(A)(ii) of FFDCA 311). dockets generally, is available at http:// defines ‘‘safe’’ to mean that ‘‘there is a • Pesticide manufacturing (NAICS www.epa.gov/dockets. reasonable certainty that no harm will code 32532). II. Summary of Petitioned-For result from aggregate exposure to the B. How can I get electronic access to Tolerance pesticide chemical residue, including other related information? all anticipated dietary exposures and all In the Federal Register of January 26, other exposures for which there is You may access a frequently updated 2018 (83 FR 3658) (FRL–9971–46), EPA reliable information.’’ This includes electronic version of EPA’s tolerance issued a document pursuant to FFDCA exposure through drinking water and in regulations at 40 CFR part 180 through section 408(d)(3), 21 U.S.C. 346a(d)(3), residential settings, but does not include the Government Printing Office’s e-CFR announcing the filing of a pesticide occupational exposure. Section site at http://www.ecfr.gov/cgi-bin/text- petition (PP 7E8587) by IR–4, IR–4 408(b)(2)(C) of FFDCA requires EPA to idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Project Headquarters, Rutgers, The State give special consideration to exposure 40tab_02.tpl. University of NJ, 500 College Road East, of infants and children to the pesticide Suite 201 W, Princeton, NJ 08540. The C. How can I file an objection or hearing chemical residue in establishing a petition requested that 40 CFR part 180 request? tolerance and to ‘‘ensure that there is a be amended by establishing tolerances reasonable certainty that no harm will Under FFDCA section 408(g), 21 for residues of the herbicide S- result to infants and children from U.S.C. 346a, any person may file an metolachlor including its metabolites aggregate exposure to the pesticide objection to any aspect of this regulation and degradates in or on the raw chemical residue . . . .’’ and may also request a hearing on those agricultural commodities stevia, dried Consistent with FFDCA section objections. You must file your objection leaves at 15.0 parts per million (ppm); 408(b)(2)(D), and the factors specified in or request a hearing on this regulation vegetable, leaves of root and tuber, FFDCA section 408(b)(2)(D), EPA has in accordance with the instructions group 2, except sugar beet at 2.0 ppm; reviewed the available scientific data provided in 40 CFR part 178. To ensure Swiss chard at 0.10 ppm; vegetable, and other relevant information in proper receipt by EPA, you must Brassica, head and stem, group 5–16 at support of this action. EPA has identify docket ID number EPA–HQ– 0.60 ppm; Brassica, leafy greens, sufficient data to assess the hazards of OPP–2017–0465 in the subject line on subgroup 4–16B, except Chinese and to make a determination on the first page of your submission. All broccoli at 1.8 ppm; stalk and stem aggregate exposure for S-metolachlor objections and requests for a hearing vegetable subgroup 22A, except celtuce, including exposure resulting from the must be in writing, and must be Florence fennel, and kohlrabi at 0.10 tolerances established by this action. received by the Hearing Clerk on or ppm; leaf petiole vegetable subgroup EPA’s assessment of exposures and risks before May 10, 2019. Addresses for mail 22B at 0.10 ppm; cottonseed subgroup associated with S-metolachlor follows. and hand delivery of objections and 20C at 0.10 ppm; celtuce at 0.10 ppm; hearing requests are provided in 40 CFR Florence fennel at 0.10 ppm; kohlrabi at A. Toxicological Profile 178.25(b). 0.60 ppm, and Chinese broccoli at 0.60 EPA has evaluated the available In addition to filing an objection or ppm. In addition, the petition requested toxicity data and considered its validity, hearing request with the Hearing Clerk to amend 40 CFR 180.368 by removing completeness, and reliability as well as as described in 40 CFR part 178, please the tolerances for S-metolachlor in or on the relationship of the results of the submit a copy of the filing (excluding asparagus at 0.10 ppm; beet, garden, studies to human risk. EPA has also any Confidential Business Information leaves at 1.8 ppm; turnip, greens at 1.8 considered available information (CBI)) for inclusion in the public docket. ppm; Brassica, head and stem, subgroup concerning the variability of the Information not marked confidential 5A at 0.60 ppm; Brassica, leafy greens, sensitivities of major identifiable pursuant to 40 CFR part 2 may be subgroup 5B at 1.8 ppm; cotton, subgroups of consumers, including disclosed publicly by EPA without prior undelinted seed at 0.10 ppm; and leaf infants and children. notice. Submit the non-CBI copy of your petioles, subgroup 4B at 0.10 ppm. That Since the last time S-metolachlor was objection or hearing request, identified document referenced a summary of the reviewed, the toxicology database was by docket ID number EPA–HQ–OPP– petition prepared by Syngenta Crop re-evaluated to incorporate new toxicity 2017–0465, by one of the following Protection, the registrant, which is data and to update endpoints selected methods: available in the docket, http:// for points of departure to be consistent • Federal eRulemaking Portal: http:// www.regulations.gov. Comments were with current Agency policies and www.regulations.gov. Follow the online received on the notice of filing. EPA’s practices. An inhalation toxicity study instructions for submitting comments. response to these comments is for metolachlor was received and Do not submit electronically any discussed in Unit IV.C. incorporated into the risk assessment information you consider to be CBI or Based upon review of the data and consequently, the 10x database other information whose disclosure is supporting the petition, EPA has uncertainty factor from previous restricted by statute. modified the levels at which tolerances assessments was removed for the • Mail: OPP Docket, Environmental are being established as well as some of inhalation scenarios since this is no Protection Agency Docket Center (EPA/ the commodity definitions. The reason longer a data gap. Also, new endpoints DC), (28221T), 1200 Pennsylvania Ave. for these changes are explained in Unit were selected and updated dietary and NW, Washington, DC 20460–0001. IV.D. occupational/residential exposure

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assessments were completed based on available in 1994, metolachlor was titled ‘‘S-metolachlor: Human Health the updated toxicological endpoints and classified as a Group C possible human Risk Assessment for (1) Establishment of reflect recent updates to EPA’s standard carcinogen, in accordance with the 1986 Tolerances for New Uses on Chicory, operating procedures (SOPs) and Guidelines for Carcinogen Risk Stevia and Swiss Chard; (2) Tolerance policies. Assessment. Based on that classification Translations from Table Beet Tops, The existing toxicological database is and consistent with the data available at Turnip Greens, and Radish Tops to Crop primarily comprised of studies that time, EPA determined that a non- Group 2 (Leaves of Root and Tuber conducted with metolachlor. The linear approach (i.e., reference dose Vegetables), except Sugar Beets; (3) toxicology database for S-metolachlor (RfD)) would be protective for all Tolerance Conversions (i) from Crop consists of bridging data. Bridging chronic toxicity, including Subgroup 4B to Crop Subgroup 22B studies indicate that the metolachlor carcinogenicity, that could result from (Leaf Petiole Vegetable), (ii) from Crop toxicology database can be used to exposure to metolachlor. Subgroup 5A to Crop Group 5–16 assess toxicity for S-metolachlor, and In 2017, EPA re-assessed the cancer (Brassica, Head and Stem Vegetable) vice versa. In subchronic (metolachlor classification for metolachlor in order to and (iii) from Crop Subgroup 5B to Crop and S-metolachlor) and chronic take into account additional Subgroup 4–16B (Brassica Leafy (metolachlor) toxicity studies in dogs mechanistic studies on S-metolachlor Greens); and (4) Tolerance Expansions and rats decreased body weight was the that were submitted to assess a human of Representative Commodities to (i) most commonly observed effects. relevance framework analysis for a Cottonseed Subgroup 20C, and (ii) Stalk Chronic exposure to metolachlor in rats mitogenic mode of action (MOA) for and Stem Vegetable Subgroup 22A, also resulted in increased liver weight liver tumors in female rats. Based on except Kohlrabi’’ on pages 54–64 in and microscopic liver lesions (foci of comparable effects of S-metolachlor and cellular alteration) in both sexes. No metolachlor shown in several docket ID number EPA–HQ–OPP–2017– systemic toxicity was observed in associative events supporting the mode 0465. rabbits when metolachlor was of action hypothesis, the Agency B. Toxicological Points of Departure/ administered dermally. There was no concluded that the in vitro and in vivo Levels of Concern evidence of systemic toxicity at the limit data reasonably explains the dose in a 28-day inhalation study in rats tumorigenic effects of metolachlor and Once a pesticide’s toxicological with metolachlor, although portal of adequately demonstrates dose and profile is determined, EPA identifies entry effects occurred in the nasal cavity temporal concordance to support key toxicological points of departure (POD) at lower doses. These effects included events for the MOA leading to liver and levels of concern to use in hyperplasia of the squamous epithelium tumors in female rats. Specifically, the evaluating the risk posed by human and subacute inflammation and mucous Agency found that the development of exposure to the pesticide. For hazards cell hyperplasia. There is no evidence of liver tumors in rats orally administered that have a threshold below which there immunotoxicity in the submitted mouse metolachlor is initiated by activation of is no appreciable risk, the toxicological immunotoxicity study. constitutive androstane receptor (CAR) POD is used as the basis for derivation Prenatal developmental studies in the in liver hepatocytes followed by altered of reference values for risk assessment. rat and rabbit with both metolachlor and gene expression, transient increased cell PODs are developed based on a careful S-metolachlor revealed no evidence of a proliferation, increased hepatocellular analysis of the doses in each qualitative or quantitative susceptibility foci, and hepatocyte toxicity (increased toxicological study to determine the in fetal animals. A 2-generation liver weight and liver hypertrophy). dose at which no adverse effects are reproduction study with metolachlor in Consequently, in accordance with the observed (the NOAEL) and the lowest rats showed evidence of quantitative EPA’s Final Guidelines for Carcinogen dose at which adverse effects of concern susceptibility. Decreased pup body Risk Assessment (March 2005), EPA has are identified (the LOAEL). Uncertainty/ weight in the F1 and F2 litters was seen reclassified metolachlor/S-metolachlor safety factors are used in conjunction in the absence of maternal toxicity. as ‘‘Not Likely to be Carcinogenic to with the POD to calculate a safe There are no acute or subchronic Humans’’ at doses that do not induce exposure level—generally referred to as neurotoxicity studies available for S- cellular proliferation in the liver. This a population-adjusted dose (PAD) or a metolachlor or metolachlor. In the classification was based on convincing reference dose (RfD)—and a safe margin developmental rat study, clinical signs evidence of a CAR-mediated mitogenic of exposure (MOE). For non-threshold of neurotoxicity were observed in MOA for liver tumors in female rats. risks, the Agency assumes that any pregnant dams but only at the limit dose Because the current chronic RfD is amount of exposure will lead to some of 1,000 mg/kg/day. There was no other protective for any proliferative degree of risk. Thus, the Agency evidence of clinical signs of responses in the liver and the other key estimates risk in terms of the probability neurotoxicity in adult animals in the events in the MOA for the formation of of an occurrence of the adverse effect database. There are no residual liver tumors, a non-linear approach (i.e., expected in a lifetime. For more uncertainties with regard to pre- and/or RfD) adequately accounts for all the information on the general principles postnatal toxicity. chronic toxicity, including EPA uses in risk characterization and a Metolachlor has been evaluated for carcinogenicity, that could result from complete description of the risk carcinogenic effects in the mouse and exposure to metolachlor/S-metolachlor. the rat. Although treatment with Specific information on the studies assessment process, see http:// metolachlor did not result in an increase received and the nature of the adverse www2.epa.gov/pesticide-science-and- in treatment-related tumors in male rats effects caused by S-metolachlor as well assessing-pesticide-risks/assessing- or in male or female mice, metolachlor as the no-observed-adverse-effect-level human-health-risk-pesticides. caused an increase in liver tumors in (NOAEL) and the lowest-observed- A summary of the toxicological female rats. There was no evidence of adverse-effect-level (LOAEL) from the endpoints for S-metolachlor used for mutagenic or cytogenetic effects in vivo toxicity studies can be found at http:// human risk assessment is shown in or in vitro. Based on the information www.regulations.gov in the document Table 1 of this unit.

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

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

Acute dietary (All populations) .. An acute dietary assessment for all populations is not required. The adverse effects resulting from a single dose in the developmental rat study with metolachlor occurred at the limit dose of 1,000 mg/kg/day, which is a dose that is not relevant for risk assessment. In addition, an endpoint was not selected for Females 13–49 years old since no developmental effects attributable to a single exposure were identified in the metolachlor/S- metolachlor database.

Chronic dietary (All populations) NOAEL = 26 mg/kg/ Chronic RfD = 0.26 2-generation reproduction study in rats (Metolachlor). day mg/kg/day LOAEL = 86 mg/kg/day based on decreased pup body weight UFA = 10x cPAD = 0.26 mg/kg/ in F1 and F2 litters. UFH = 10x day FQPA SF = 1x

Incidental oral short-term (1 to NOAEL = 26 mg/kg/ LOC for MOE = 100 2-generation reproduction study in rats (Metolachlor). 30 days). day LOAEL = 86 mg/kg/day based on decreased pup body weight UFA = 10x in F1 and F2 litters. UFH = 10x FQPA SF = 1x

Dermal short- and intermediate- NOAEL = 26 mg/kg/ LOC for MOE = 100 2-generation reproduction study in rats (Metolachlor). term (1–6 months) (Children day LOAEL = 86 mg/kg/day based on decreased pup body weight only). Dermal absorption in F1 and F2 litters. factor (DAF) = 58% UFA = 10x UFH = 10x FQPA SF = 1x

Cancer (Oral, dermal, inhala- Classification: Metolachlor/S-metolachlor has been classified as ‘‘Not Likely to be Carcinogenic to Humans’’ at tion). doses that do not induce cellular proliferation in the liver, with risk quantitated using a non-linear (RfD) ap- proach. FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFDB = to account for the ab- sence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies).

C. Exposure Assessment WWEIA). As to residue levels in food, regarding EPA drinking water models 1. Dietary exposure from food and EPA assumed tolerance-level residues used in pesticide exposure assessment feed uses. In evaluating dietary and 100 percent crop treated (PCT). can be found at http://www2.epa.gov/ exposure to S-metolachlor, EPA iii. Cancer. Based on the data pesticide-science-and-assessing- considered exposure under the summarized in Unit III.A., EPA has pesticide-risks/about-water-exposure- petitioned-for tolerances as well as all concluded that a nonlinear RfD models-used-pesticide. existing S-metolachlor tolerances in 40 approach is appropriate for assessing The Agency assessed parent CFR 180.368. EPA assessed dietary cancer risk to S-metolachlor. Therefore, metolachlor, and the metabolites CGA– exposures from S-metolachlor in food as a separate quantitative cancer exposure 51202 (metolachlor-OA), CGA–40172, follows: assessment is unnecessary since the and CGA–50720 together in the drinking i. Acute exposure. Quantitative acute chronic dietary risk estimate will be water assessment using a total toxic dietary exposure and risk assessments protective of potential cancer risk. residues (TTR) approach where half- are performed for a food-use pesticide, iv. Anticipated residue and PCT lives were recalculated to collectively if a toxicological study has indicated the information. EPA did not use account for the parent and the combined possibility of an effect of concern anticipated residue or PCT information residues of concern. occurring as a result of a 1-day or single in the dietary assessment for S- Based on the Surface Water exposure. metolachlor. Tolerance-level residues Concentration Calculator (SWCC), the No such effects were identified in the and 100 PCT were assumed for all food Pesticide Root Zone Model Ground toxicological studies for S-metolachlor; commodities. Water (PRZM GW), and the Screening therefore, a quantitative acute dietary 2. Dietary exposure from drinking Concentration in Ground Water (SCI– exposure assessment is unnecessary. water. The Agency used screening-level GROW), the estimated drinking water ii. Chronic exposure. In conducting water exposure models in the dietary concentrations (EDWCs) of S- the chronic dietary exposure assessment exposure analysis and risk assessment metolachlor and its metabolites for EPA used 2003–2008 food consumption for S-metolachlor in drinking water. chronic exposures are estimated to be data from the United States Department These simulation models take into 43.70 ppb for surface water and 978 ppb of Agriculture’s (USDA) National Health account data on the physical, chemical, in ground water. and Nutrition Examination Survey/ and fate/transport characteristics of S- Modeled estimates of drinking water What We Eat in America, (NHANES/ metolachlor. Further information concentrations were directly entered

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into the dietary exposure model. For the cumulative effects of a particular conducted with metolachlor, there was chronic dietary risk assessment, the pesticide’s residues and ‘‘other quantitative evidence of susceptibility. water concentration of value 978 ppb substances that have a common Decreased pup body weight in F1 and was used to assess the contribution to mechanism of toxicity.’’ F2 litters was seen in the absence of drinking water. EPA has not found S-metolachlor to maternal toxicity. The 2-generation 3. From non-dietary exposure. The share a common mechanism of toxicity reproduction study was used for term ‘‘residential exposure’’ is used in with any other substances, and S- endpoint selection, therefore, the PODs this document to refer to non- metolachlor does not appear to produce selected are protective of the effects occupational, non-dietary exposure a toxic metabolite produced by other seen at this dose. (e.g., for lawn and garden pest control, substances. For the purposes of this 3. Conclusion. EPA has determined indoor pest control, termiticides, and tolerance action, therefore, EPA has that reliable data show the safety of flea and tick control on pets). assumed that S-metolachlor does not infants and children would be S-metolachlor is currently registered have a common mechanism of toxicity adequately protected if the FQPA SF for the following uses that could result with other substances. For information were reduced to 1x. That decision is in residential exposures: On commercial regarding EPA’s efforts to determine based on the following findings: (sod farm) and residential warm-season which chemicals have a common i. The toxicity database for S- turf grasses and other non-crop land mechanism of toxicity and to evaluate metolachlor is complete. including golf courses, sports fields, and the cumulative effects of such ii. There is no indication that S- ornamental gardens. EPA assessed chemicals, see EPA’s website at http:// metolachlor is a neurotoxic chemical residential exposure using the following www2.epa.gov/pesticide-science-and- and there is no need for a assumptions: For residential handlers, assessing-pesticide-risks/cumulative- developmental neurotoxicity study or in previous human health risk assessment-risk-pesticides. additional UFs to account for assessments for S-metolachlor, neurotoxicity. D. Safety Factor for Infants and inhalation exposure and risk to iii. There is no evidence that S- Children residential handlers was assessed and metolachlor results in increased resulted in no risks of concern. Based on 1. In general. Section 408(b)(2)(C) of susceptibility in in utero rats or rabbits current Agency policy, the Agency no FFDCA provides that EPA shall apply in the prenatal developmental studies. longer considers these products to be an additional tenfold (10X) margin of In the 2-generation reproduction study intended for homeowner use due to safety for infants and children in the in rats conducted with metolachlor, label requirements for specific clothing case of threshold effects to account for there was quantitative evidence of and personal protective equipment; prenatal and postnatal toxicity and the susceptibility, however, the 2- therefore, a quantitative residential completeness of the database on toxicity generation reproduction study was used handler assessment was not conducted. and exposure unless EPA determines for endpoint selection, therefore, the There is the potential for post- based on reliable data that a different PODs selected are protective of the application exposure for individuals margin of safety will be safe for infants effects seen at this dose. exposed as a result of being in an and children. This additional margin of iv. There are no residual uncertainties environment that has been previously safety is commonly referred to as the identified in the exposure databases. treated with S-metolachlor. The FQPA Safety Factor (SF). In applying The dietary food exposure assessments population groups at risk are youth 11 this provision, EPA either retains the were performed based on 100 PCT and to <16 years old, children 6 to <11 years default value of 10X, or uses a different tolerance-level residues. EPA made old, and children 1 to <2 years old. The additional safety factor when reliable conservative (protective) assumptions in worst-case scenarios used in the data available to EPA support the choice the ground and surface water modeling aggregate risk assessment are as follows: of a different factor. used to assess exposure to S- • For youth 11 to <16 years old, the 2. Prenatal and postnatal sensitivity. metolachlor in drinking water. EPA scenario used is dermal exposures from Acceptable developmental toxicity used similarly conservative assumptions post-application exposure to treated turf studies in the rat and rabbit with both to assess post-application exposure of during golfing activities. metolachlor and S-metolachlor and an children as well as incidental oral • For children 6 to <11 years old, the acceptable reproduction study in the rat exposure of toddlers. These assessments scenario used is dermal exposures from with metolachlor are available with will not underestimate the exposure and post-application contact with treated clearly defined LOAELs and NOAELs. risks posed by S-metolachlor. gardens. No developmental toxicity was seen in • For children 1 to <2 years old, the rats or rabbits with either compound. In E. Aggregate Risks and Determination of scenario used is hand-to-mouth the metolachlor and S-metolachlor rat Safety exposures from post-application prenatal developmental toxicity studies EPA determines whether acute and exposure to treated turf. there were no developmental effects chronic dietary pesticide exposures are Further information regarding EPA seen up to the limit dose. In the rat safe by comparing aggregate exposure standard assumptions and generic developmental toxicity study with estimates to the acute PAD (aPAD) and inputs for residential exposures may be metolachlor, death and clinical signs chronic PAD (cPAD). For linear cancer found at http://www2.epa.gov/pesticide- (clonic and/or tonic convulsions, risks, EPA calculates the lifetime science-and-assessing-pesticide-risks/ excessive salivation, urine-stained probability of acquiring cancer given the standard-operating-procedures- abdominal fur) were observed at the estimated aggregate exposure. Short-, residential-pesticide. limit dose in maternal animals in the intermediate-, and chronic-term risks 4. Cumulative effects from substances absence of developmental toxicity. In are evaluated by comparing the with a common mechanism of toxicity. the S-metolachlor rabbit developmental estimated aggregate food, water, and Section 408(b)(2)(D)(v) of FFDCA toxicity study, clinical signs of toxicity residential exposure to the appropriate requires that, when considering whether (little/none/soft stool) were observed in PODs to ensure that an adequate MOE to establish, modify, or revoke a maternal animals in the absence of exists. tolerance, the Agency consider developmental effects. In the two- 1. Acute risk. An acute aggregate risk ‘‘available information’’ concerning the generation reproduction study in rats assessment takes into account acute

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exposure estimates from dietary no harm will result to the general D. Revisions to Petitioned-For consumption of food and drinking population, or to infants and children Tolerances water. No adverse effect resulting from from aggregate exposure to S- The submitted Swiss chard field trial a single oral exposure was identified metolachlor residues. data support a tolerance of 0.15 ppm and no acute dietary endpoint was IV. Other Considerations instead of the proposed tolerance of 0.10 selected. Therefore, S-metolachlor is not ppm. The reason for the difference is expected to pose an acute risk. A. Analytical Enforcement Methodology that EPA used the combined level of 2. Chronic risk. Using the exposure quantitation (LOQ) of CGA–37913 and assumptions described in this unit for Adequate methodology is available for CGA–49751 expressed in parent chronic exposure analysis, EPA has enforcing the established and equivalents, 0.131 ppm, which becomes concluded that the risk estimates for recommended tolerances. PAM Vol. II, 0.15 ppm in Organization for Economic chronic exposure to S-metolachlor from Pesticide Regulation Section 180.368, Cooperation and Development (OECD) food and water are not of concern lists a gas chromatography with (<100% of cPAD) with a risk estimate at rounding class representing the nitrogen-phosphorus detector (GC/NPD) tolerance value for Swiss chard. The 22% of the cPAD for all infants less than method (Method I) for determining 1 year old, the population group petitioner, instead, used the combined residues in/on plant commodities and a LOQ of 0.10 ppm for the input dataset receiving the greatest exposure. Based gas chromatography with mass selective on the explanation in Unit III.C.3., of the OECD tolerance calculation detector (GC/MSD) method (Method II) procedure. regarding residential use patterns, for determining residues in livestock chronic residential exposure to residues Chinese broccoli was a member of commodities. These methods determine subgroup 5A with a tolerance of 0.60 of S-metolachlor is not expected. residues of metolachlor and its 3. Short-term risk. Short-term ppm, which falls within the established metabolites as either CGA–37913 or tolerance for subgroup 4–16B at 1.8 aggregate exposure takes into account CGA–49751 following acid hydrolysis short-term residential exposure plus ppm. An individual tolerance for (LOQs of 0.03 ppm and 0.05 ppm, Chinese broccoli is not needed. chronic exposure to food and water respectively). (considered to be a background Celtuce and Florence fennel, exposure level). B. International Residue Limits originally in crop subgroup 4B, have the S-metolachlor is currently registered same tolerance as subgroup 22A, 0.10 for uses that could result in short-term In making its tolerance decisions, EPA ppm. Following crop group conversion/ residential exposure, and the Agency seeks to harmonize U.S. tolerances with revision the tolerances for celtuce and has determined that it is appropriate to international standards whenever Florence fennel are now covered by the aggregate chronic exposure through food possible, consistent with U.S. food subgroup 22A. and water with short-term residential safety standards and agricultural EPA also modified several commodity exposures to S-metolachlor. practices. EPA considers the definitions to be consistent with Agency Using the exposure assumptions international maximum residue limits nomenclature. (MRLs) established by the Codex described in this unit for short-term V. Conclusion exposures, EPA has concluded the Alimentarius Commission (Codex), as combined short-term food, water, and required by FFDCA section 408(b)(4). Therefore, tolerances are established residential exposures result in aggregate The Codex Alimentarius is a joint for residues of S-metolachlor in or on MOEs of 1,246 for youths 11 to less than United Nations Food and Agriculture Brassica, leafy greens, subgroup 4–16B 16 years old, 106 for children 6 to less Organization/World Health at 1.8 ppm; Cottonseed subgroup 20C at than 11 years old, and 207 for children Organization food standards program, 0.10 ppm; Kohlrabi at 0.60; Leaf petiole 1 to less than 2 years old, the population and it is recognized as an international vegetable subgroup 22B at 0.10 ppm; groups of concern. Because EPA’s level food safety standards-setting Stalk and stem vegetable subgroup 22A, of concern for S-metolachlor is a MOE organization in trade agreements to except kohlrabi at 0.10 ppm; Stevia, of 100 or below, these MOEs are not of which the United States is a party. EPA dried leaves at 15 ppm; Swiss chard at concern. may establish a tolerance that is 0.15 ppm; Vegetable, Brassica, head and 4. Intermediate-term risk. different from a Codex MRL; however, stem, group 5–16 at 0.60 ppm; and Intermediate-term aggregate exposure FFDCA section 408(b)(4) requires that Vegetable, leaves of root and tuber, takes into account intermediate-term EPA explain the reasons for departing group 2, except sugar beet at 2.0 ppm. residential exposure plus chronic from the Codex level. Additionally, due to the exposure to food and water (considered establishment of the aforementioned The Codex has not established any to be a background exposure level). commodities, the following tolerances MRLs for either S-metolachlor or An intermediate-term adverse effect are removed as unnecessary: Asparagus; metolachlor. was identified; however, S-metolachlor Beet, garden, leaves; Brassica, head and is not registered for any use patterns C. Response to Comments stem, subgroup 5A; Brassica, leafy that would result in intermediate-term greens, subgroup 5B; Cotton, undelinted residential exposure. Four comments were submitted to the seed; Leaf petioles, subgroup 4B; and 5. Aggregate cancer risk for U.S. docket for this action. One dealt with Turnip greens. population. As discussed in Unit III.A, ‘‘logging workers in the National VI. Statutory and Executive Order the chronic dietary risk assessment is Forest’’, the second with critical habitat Reviews protective of any potential cancer restrictions, the third with wind effects. Based on the results of that powered facilities threatening This action establishes tolerances assessment, EPA concludes that S- populations of bats, and the fourth with under FFDCA section 408(d) in metolachlor is not expected to pose a adverse economic impacts of response to a petition submitted to the cancer risk to humans. regulations. All submitted comments are Agency. The Office of Management and 6. Determination of safety. Based on unrelated to S-metolachlor in particular, Budget (OMB) has exempted these types these risk assessments, EPA concludes or pesticides in general, and are not of actions from review under Executive that there is a reasonable certainty that relevant to this action. Order 12866, entitled ‘‘Regulatory

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Planning and Review’’ (58 FR 51735, consensus standards pursuant to section (2) * * * October 4, 1993). Because this action 12(d) of the National Technology has been exempted from review under Transfer and Advancement Act Commodity Parts per Executive Order 12866, this action is (NTTAA) (15 U.S.C. 272 note). million not subject to Executive Order 13211, VII. Congressional Review Act entitled ‘‘Actions Concerning ***** Regulations That Significantly Affect Pursuant to the Congressional Review Brassica, leafy greens, sub- Energy Supply, Distribution, or Use’’ (66 Act (5 U.S.C. 801 et seq.), EPA will group 4–16B ...... 1.8 FR 28355, May 22, 2001) or Executive submit a report containing this rule and Order 13045, entitled ‘‘Protection of other required information to the U.S. ***** Children from Environmental Health Senate, the U.S. House of Cottonseed subgroup 20C ... 0.10 Risks and Safety Risks’’ (62 FR 19885, Representatives, and the Comptroller April 23, 1997), nor is it considered a General of the United States prior to ***** regulatory action under Executive Order publication of the rule in the Federal Kohlrabi ...... 0.60 Leaf petiole vegetable sub- 13771, entitled ‘‘Reducing Regulations Register. This action is not a ‘‘major group 22B ...... 0.10 and Controlling Regulatory Costs’’ (82 rule’’ as defined by 5 U.S.C. 804(2). FR 9339, February 3, 2017). This action List of Subjects in 40 CFR Part 180 ***** does not contain any information Stalk and stem vegetable collections subject to OMB approval Environmental protection, subgroup 22A, except under the Paperwork Reduction Act Administrative practice and procedure, kohlrabi ...... 0.10 (PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, Pesticides Stevia, dried leaves ...... 15 it require any special considerations and pests, Reporting and recordkeeping under Executive Order 12898, entitled requirements. ***** Swiss chard ...... 0.15 ‘‘Federal Actions to Address Dated: February 26, 2019. Environmental Justice in Minority Michael Goodis, ***** Populations and Low-Income Vegetable, Brassica, head Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Pesticide Programs. and stem, group 5–16 ...... 0.60 1994). Therefore, 40 CFR chapter I is Since tolerances and exemptions that ***** are established on the basis of a petition amended as follows: Vegetable, leaves of root and under FFDCA section 408(d), such as PART 180—[AMENDED] tuber, group 2, except the tolerances in this final rule, do not sugar beet ...... 2.0 require the issuance of a proposed rule, ■ 1. The authority citation for part 180 ***** the requirements of the Regulatory continues to read as follows: Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. * * * * * This action directly regulates growers, ■ 2. In § 180.368(a)(2): [FR Doc. 2019–04251 Filed 3–8–19; 8:45 am] food processors, food handlers, and food ■ a. Remove the entries for BILLING CODE 6560–50–P retailers, not States or tribes, nor does ‘‘Asparagus’’; ‘‘Beet, garden, leaves’’; this action alter the relationships or ‘‘Brassica, head and stem, subgroup distribution of power and 5A’’; and ‘‘Brassica, leafy greens, FEDERAL COMMUNICATIONS responsibilities established by Congress subgroup 5B’’ from the table. COMMISSION in the preemption provisions of FFDCA ■ b. Add alphabetically the entry for section 408(n)(4). As such, the Agency ‘‘Brassica, leafy greens, subgroup 4– 47 CFR Part 1 has determined that this action will not 16B’’ to the table. have a substantial direct effect on States ■ c. Remove the entry for ‘‘Cotton, [MD Docket No. 19–40; FCC 19–13] or tribal governments, on the undelinted seed’’ from the table. relationship between the national ■ d. Add alphabetically the entries for Closure of FCC Lockbox 979094 Used government and the States or tribal ‘‘Cottonseed subgroup 20C’’ and To File Fees for Complaint governments, or on the distribution of ‘‘Kohlrabi’’ to the table. Proceedings Handled by the power and responsibilities among the ■ e. Remove the entry for ‘‘Leaf petioles, Enforcement Bureau various levels of government or between subgroup 4B’’ from the table. AGENCY: Federal Communications the Federal Government and Indian ■ f. Add alphabetically the entries for Commission. tribes. Thus, the Agency has determined ‘‘Leaf petiole vegetable subgroup 22B’’; ACTION: Final rule. that Executive Order 13132, entitled ‘‘Stalk and stem vegetable subgroup ‘‘Federalism’’ (64 FR 43255, August 10, 22A, except kohlrabi’’; ‘‘Stevia, dried SUMMARY: In this document, the Federal 1999) and Executive Order 13175, leaves’’; and ‘‘Swiss chard’’ to the table. Communications Commission (FCC or entitled ‘‘Consultation and Coordination ■ g. Remove the entry for ‘‘Turnip Commission) adopts an Order that with Indian Tribal Governments’’ (65 FR greens’’ from the table. closes Lockbox 979094 and modifies the 67249, November 9, 2000) do not apply ■ h. Add alphabetically the entries for relevant rule provisions of filing and to this action. In addition, this action ‘‘Vegetable, Brassica, head and stem, making fee payments in lieu of closing does not impose any enforceable duty or group 5–16’’ and ‘‘Vegetable, leaves of the lockbox. contain any unfunded mandate as root and tuber, group 2, except sugar DATES: Effective April 10, 2019. described under Title II of the Unfunded beet’’ to the table. Mandates Reform Act (UMRA) (2 U.S.C. The additions read as follows: FOR FURTHER INFORMATION CONTACT: 1501 et seq.). Warren Firschein, Office of Managing This action does not involve any § 180.368 Metolachlor; tolerances for Director at (202) 418–2653 or Roland technical standards that would require residues. Helvajian, Office of Managing Director Agency consideration of voluntary (a) * * * at (202) 418–0444.

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SUPPLEMENTARY INFORMATION: This is a such manual payment of filing fees for of the Order. We make these changes summary of the Commission’s Order, two types of EB complaints, section 208 without notice and comment because FCC 19–13, MD Docket No. 19–49, formal complaints and section 224 pole they are rules of agency organization, adopted on February 20, 2019 and attachment complaints. We discontinue procedure, or practice exempt from the released on February 25, 2019. The full the option of manual fee payments and general notice-and-comment text of this document is available for instead require the use of an electronic requirements of the Administrative public inspection and copying during payment for each complaint type. Procedure Act, see 5 U.S.C. 553(b)(A). normal business hours in the FCC Consistent with this change, we also 8. Implementation. As a temporary Reference Center (Room CY–A257), 445 make conforming revisions to § 1.734 of transition measure, for 90 days after 12th Street SW, Washington, DC 20554, the Commission’s rules to account for publication of this document in the or by downloading the text from the the electronic fee payment requirements Federal Register, U.S. Bank will Commission’s website at https:// of formal complaint proceedings, as continue to process payments to P.O. www.fcc.gov/document/closure- described more fully below. Box 979094. After that date, payments enforcement-bureau-lockbox-979094. 5. Section 1.1106 of the Commission’s for any EB-related complaint proceeding rules, 47 CFR 1.1106, provides a must be made in accordance with the I. Administrative Matters schedule of application fees for procedures set forth on the A. Final Regulatory Flexibility Analysis complaint proceedings handled by the Commission’s website, https:// EB. The rule had also directed filers that www.fcc.gov/licensing-databases/fees 1. Section 603 of the Regulatory (Enforcement Bureau Fee Filing Guide). Flexibility Act, as amended, requires a do not utilize the Commission’s on-line filing and fee payment systems to send For now, such payments will be made regulatory flexibility analysis in notice through the Fee Filer Online System and comment rulemaking proceedings. manual payments to P.O. Box 979094 at U.S. Bank in St. Louis, Missouri. In (Fee Filer), accessible at https:// See 5 U.S.C. 603(a). As we are adopting www.fcc.gov/licensing-databases/fees/ these rules without notice and recent years, there have been a decreasing number of lockbox filers, and fee-filer. As we assess and implement comment, no regulatory flexibility U.S. Treasury initiatives toward an all- analysis is required. it now is rare that the Commission receives a lockbox payment. electronic payment system, we may B. Final Paperwork Reduction Act of 6. The Commission has begun to transition to other secure payment 1995 Analysis reduce its reliance on P.O. Boxes for the systems with appropriate public notice and guidance. 2. This document does not contain collection of fees, instead encouraging new or modified information collection the use of electronic payment systems III. Ordering Clauses requirements subject to the Paperwork for all application and regulatory fees and closing certain lockboxes. We find 9. Accordingly, it is ordered, that Reduction Act of 1995 (PRA), Public pursuant to sections 4(i), 4(j), 158, 208, Law 104–13. In addition, therefore, it that electronic payment of fees for complaints processed by EB will reduce and 224 of the Communications Act of does not contain any new or modified 1934, as amended, 47 U.S.C. 154(i), information collection burden for small the agency’s expenditures (including eliminating the annual fee for the bank’s 154(j), 158, 208, and 224, the Order is business concerns with fewer than 25 hereby adopted and the rules set forth employees, pursuant to the Small services) and the cost of manually processing each transaction, with little in the Appendix of the Order are hereby Business Paperwork Relief Act of 2002, amended effective April 10, 2019. Public Law 107–198, see 44 U.S.C. or no inconvenience to the 3506(c)(4). Commission’s regulatees, applicants, List of Subjects in 47 CFR Part 1 and the public. Administrative practice and C. Congressional Review Act 7. As part of this effort, we are now procedure, Communications common closing P.O. Box 979094 and modifying 3. The Commission will not send a carriers. copy of the Order pursuant to the the relevant rule provisions that require Congressional Review Act, see 5 U.S.C. payment of fees via the closed P.O. Box. Federal Communications Commission. 801(a)(1)(A), because the adopted rules Our action here to close this lockbox Cecilia Sigmund, are rules of agency organization, and require electronic payments for any Federal Register Liaison Officer. EB-related complaints has implications procedure, or practice that do not Final Rules ‘‘substantially affect the rights or for existing Commission regulations obligations of non-agency parties. See 5 other than section 1.1106. Thus, we also For the reasons discussed in the U.S.C. 804(3)(C). revise § 1.734 of the Commission’s rules preamble, the Federal Communications to account for the electronic fee Commission amends 47 CFR part 1 as II. Introduction payment requirements adopted in this follows: 4. In the Order, we reduce Order. We note that in 2014, the expenditures by the Commission and Commission adopted rules requiring PART 1—PRACTICE AND modernize procedures by amending that, with the exception of confidential PROCEDURE § 1.1106 of our rules, 47 CFR 1.1106, material, complaints should be ■ 1. The authority citation for part 1 is which sets forth the application fee for submitted electronically via the revised to read as follows: certain complaints delegated to the agency’s Electronic Comment Filing FCC’s Enforcement Bureau (EB) and System (ECFS) after filers have paid the Authority: 47 U.S.C. 151, 154(i), 154(j), appropriate fee, and therefore this 155, 157, 225, 227, 303(r), 309, 1403, 1404, currently handled by its Market 1451, and 1452. Disputes Resolution Division. The rule change does not impact the filing of the amendment reflects the closure of the complaints themselves. The rule ■ 2. Amend § 1.734 by revising mailing drop box (P.O. Box) 1 used for changes are contained in the Appendix paragraph (b) to read as follows: § 1.734 Fee remittance; electronic filing; 1 A P.O. Box used for the collection of fees is Boxes located at U.S. Bank in St. Louis, Missouri. copies; service; separate filings against referred to as a ‘‘lockbox’’ in our rules and other See 47 CFR 1.1101–1.1109 (setting forth the fee multiple defendants. Commission documents. The FCC collects schedule for each type of application remittable to application processing fees using a series of P.O. the Commission along with the correct lockbox). * * * * *

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(b) The complainant shall remit and Order in WC Docket No. 10–90; declined model-based CAF Phase II separately the correct fee electronically, FCC 19–8, adopted on February 14, support. These price cap carriers in accordance with part 1, subpart G 2019 and released on February 15, 2019. currently receive an amount of frozen (see § 1.1106 of this chapter) and shall The full text of this document is support for each carrier’s designated file an original copy of the complaint available for public inspection during service area within a particular state. using the Commission’s Electronic regular business hours in the FCC Within that state, the Commission uses Comment Filing System. If a complaint Reference Center, Room CY–A257, 445 the CAM to allocate a portion of each is addressed against multiple 12th Street SW, Washington, DC 20554 carrier’s existing frozen support to each defendants, the complainant shall pay a or at the following internet address: auction-eligible census block based on separate fee for each additional https://docs.fcc.gov/public/ the relative costs of providing service defendant. attachments/FCC-19-8A1.pdf. across all auction-eligible census blocks within the same state. Consistent with * * * * * I. Introduction the cap for reserve prices exceeding the ■ 3. Revise § 1.1106 to read as follows: 1. In this Report and Order, the extremely high-cost threshold in the § 1.1106 Schedule of charges for Commission takes a small but important CAF Phase II auction, the Commission applications for enforcement services. step towards closing the digital divide limits the allocated monthly support for Remit payment for these services and making broadband available for all any census block to $146.10 per electronically using the Commission’s Americans, by phasing down legacy location. electronic payment system in support for voice services to make 4. The Commission concludes that the accordance with the procedures set greater funding available for voice and interim methodology it adopts is a forth on the Commission’s website, broadband services. Specifically, the reasonable approach for allocating www.fcc.gov/licensing-databases/fees. Commission adopts a transition support among a price cap carrier’s framework to phase down Connect census blocks because it targets support [FR Doc. 2019–04257 Filed 3–8–19; 8:45 am] America Fund (CAF) Phase I frozen based on the relative costs of providing BILLING CODE 6712–01–P support in areas where support is now service based on the CAM. Phase I awarded pursuant to the CAF Phase II frozen support was based largely on auction. Winning bidders were awarded inherently inefficient legacy support FEDERAL COMMUNICATIONS $1.488 billion in support over 10 years mechanisms that did not reflect the COMMISSION to deploy broadband in 45 states to costs of serving high-cost and extremely 47 CFR Part 54 713,176 locations. Approximately 73% high-cost areas; the Commission’s of the locations available in the CAF interim methodology now ties [WC Docket No. 10–90; FCC 19–8] Phase II auction were covered by disaggregated support amounts to the winning bids, significantly narrowing costs of serving each affected census Connect America Fund the areas where price cap carriers will block for the transitional period. The AGENCY: Federal Communications maintain voice-only obligations under Commission also concludes that the Commission. the legacy regime. The transition plan methodology it adopts is preferable to the Commission adopts in this ACTION: Final rule. the proposal in the April 2014 Connect document provides certainty and America Further Notice because it better SUMMARY: In this document, the Federal stability in those areas by establishing a calibrates the available support with the Communications Commission reasonable support glide path as the cost to serve the defined areas. The (Commission) takes a small but Commission transitions from one Commission’s 2014 proposal would important step towards closing the support mechanism to another. have distributed the legacy support that carriers received in each state based on digital divide and making broadband II. Discussion available for all Americans, by phasing the average cost to serve all high-cost down legacy support for voice services 2. As the Commission has noted, ‘‘the and extremely high-cost areas in that to make greater funding available for CAF is not created on a blank slate, but state. As a result, it would have voice and broadband services. rather against the backdrop of a allocated the same amount of support Specifically, the Commission adopts a decades-old regulatory system.’’ Thus, a regardless of the relative mix of high- transition framework to phase down smooth transition must account for the cost and extremely high-cost areas that Connect America Fund (CAF) Phase I several support mechanisms currently carriers are required to serve after the frozen support in areas where support is in effect as well as the auction outcomes auction until a replacement ETC is in now awarded pursuant to the CAF in different areas. To comprehensively place. Phase II auction. resolve these phase-down issues prior to 5. The Commission adopts the authorizing CAF Phase II auction schedule in the following for the DATES: Effective April 10, 2019, except support, the Commission addresses the transition of price cap carriers’ and for the addition of § 54.313(m), which transition of both price cap carriers’ and fixed competitive ETCs’ legacy support. contains information collection competitive eligible This transition schedule will fund new requirements that have not been telecommunications carriers (ETCs) service obligations undertaken by Phase approved by OMB. The FCC will offering service to fixed locations (fixed II auction winners, protect customers of publish a document in the Federal competitive ETCs’) legacy support current support recipients from a Register announcing the effective date together. potential loss of service, and minimize of the § 54.313 amendment awaiting 3. Pursuant to the April 2014 Connect the disruption to recipients of frozen OMB approval. America Further Notice, 79 FR 39196, legacy support from a loss of funding. It FOR FURTHER INFORMATION CONTACT: July 9, 2014, the Commission adopts a balances the need for responsible Alexander Minard, Wireline methodology for disaggregating support stewardship of finite universal service Competition Bureau, (202) 418–7400 or by employing the Connect America Cost funds against the need to distribute TTY: (202) 418–0484. Model (CAM) to account for the relative funding for voice and broadband SUPPLEMENTARY INFORMATION: This is a costs of providing service among areas services consistent with the results of summary of the Commission’s Report in states where price cap carriers the Commission’s CAF Phase II auction

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while providing a reasonable disaggregation methodology the longer receive legacy support starting termination of legacy support for voice Commission adopts. Maintaining such the first day of the month following the services. The schedule the Commission support is necessary on an interim basis first authorization of any Phase II adopts maintains the Commission’s to preserve service to consumers in auction support nationwide. By prior decision that a price cap carrier these areas, pending further excluding certain areas from the declining model-based Phase II support Commission action. At the same time, auction, the Commission has already will continue to receive support in an using the Commission’s disaggregation determined not to offer ongoing high- amount equal to its Phase I frozen methodology will ensure interim cost support for those areas. Thus, this support amount only until the winner of support is distributed more efficiently. approach implements the Commission’s any competitive bidding process 8. For areas where the winning bidder earlier decision not to distribute Phase receives support under Phase II. is the price cap carrier receiving legacy I frozen support after Phase II auction Accordingly, in the Commission’s support, Phase II support will support has begun. implementation of Phase II auction commence on the first day of the month 11. Fixed competitive ETCs’ legacy support, the Commission now after the support is authorized by the support will be subject to a two-year establishes a path toward eliminating Wireline Competition Bureau in that phase down, beginning on the first day legacy support, except to maintain area. To ensure a smooth transition to of the month immediately following the service on an interim basis in auction- Phase II support, a winning bidder will first authorization of any Phase II eligible, high-cost areas where there was receive support payments at the current, auction support. Fixed competitive no winning bidder in the CAF Phase II disaggregated legacy support level until ETCs will receive phase-down support auction, pending further Commission that time. Continuing disaggregated equal to two-thirds of their total legacy action. legacy support until Phase II support support for the first 12 months. For the 6. For auction-eligible census blocks has been authorized for each census following 12 months, fixed competitive where price cap carriers receive CAF block will minimize disruptions and ETCs will receive one-third of their total Phase I frozen support, starting the first ensure continuity of services for legacy support. All legacy support will day of the month following the consumers. And, as with areas without end thereafter. authorization of Phase II auction any winning bidder, using disaggregated 12. Unlike the phase down for price support in a price cap carrier’s legacy support amounts until Phase II cap carriers’ legacy support in auction- designated service area within a state, support is authorized will better target eligible areas, the timing of the phase the price cap carrier’s legacy support legacy support during the interim down for fixed competitive ETCs’ legacy will be (1) converted to Phase II support period than the inherently inefficient support will not differ by census block. (for a winning price cap carrier bidder); legacy support mechanisms used on For fixed competitive ETCs, the (2) maintained for an interim period (for which Phase I frozen support are based. Commission concludes that a the price cap carrier in areas without a 9. In areas won at auction by a carrier straightforward phase-down of support winning bidder); or (3) eliminated (for other than the price cap carrier, is more appropriate; fixed competitive price cap carriers in areas won by beginning on the first day of the month ETCs receive a comparatively small another carrier). immediately following authorization to amount of legacy support, and few 7. Although the CAF Phase II auction receive Phase II support, the winning expressed interest in continuing to saw significant interest, some eligible bidder ETC will begin receiving support provide service by participating in the areas did not receive a qualifying and bear an obligation to serve those CAF Phase II auction. The two-year winning bid. By including these areas in areas. Accordingly, the price cap carrier phase-down schedule resumes the the auction, the Commission has already will not receive legacy support for those phase-down schedule adopted in the determined that these areas require census blocks beginning on the first day USF/ICC Transformation Order, 76 FR continued high-cost support. Thus, in of the month after Phase II support is 73830, November 29, 2011, for those auction-eligible areas where there authorized for those census blocks. At competitive ETCs. The two-year phase- was no winning bidder in the Phase II that point, continued legacy support down schedule thus eliminates support auction, the price cap carrier will would become duplicative. that is no longer necessary while continue to receive disaggregated legacy 10. Auction-Ineligible Blocks. In all providing an appropriate adjustment support until further Commission census blocks determined to be period for affected carriers. action. That is, interim support will be ineligible for the CAF Phase II auction, 13. In sum, Tables 1 and 2 in the determined for each census block price cap carriers that declined following illustrate the transition consistent with the legacy support statewide model-based support will no schedule the Commission adopts.

TABLE 1—TRANSITION OF PRICE CAP CARRIERS’ LEGACY SUPPORT

Before the first day of the month following authorization of any Phase II support nationwide Transition schedule

Price cap carrier receives legacy support in an eligible census block Beginning the first day of the month following authorization of Phase II won by that carrier in the Phase II auction. support in an auction-eligible census block, legacy support is con- verted to Phase II support. Price cap carrier receives legacy support in an eligible census block Legacy support is maintained until further Commission action. with no winning bidder in the Phase II auction. Price cap carrier receives legacy support in a census block won by an- Beginning the first day of the month following authorization of Phase II other carrier in the Phase II auction. support in an auction-eligible census block, legacy support is elimi- nated. Price cap carrier receives legacy support in an auction-ineligible cen- Beginning the first day of the month following authorization of any sus block. Phase II support nationwide, legacy support is eliminated.

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TABLE 2—TRANSITION OF FIXED COMPETITIVE ETCS’ LEGACY SUPPORT

Beginning the first day of the Beginning 12 months after the Beginning 24 months after the Before the first day of the month month following the first first day of the month following first day of the month following following the first authorization of authorization of any Phase II the first authorization of any the first authorization of any any Phase II support nationwide support nationwide Phase II support nationwide Phase II support nationwide

Fixed competitive ETC receives Legacy support is reduced to two- Legacy support is reduced to one- Legacy support is eliminated. legacy support. thirds of support. third of support.

14. In establishing this schedule, the same service areas, to be phased down, mechanisms, some price cap carriers Commission declines to adopt, within converted, or maintained. did not receive legacy support in certain the context of the high-cost universal 16. Even if the Commission were to states containing high-cost and service program, a different definition of adopt a transition mechanism more like extremely high-cost areas. The ‘‘unsubsidized competitor,’’ i.e., by USTelecom’s proposal, modified to only Commission has likewise explained that including areas with mobile or non- include areas for which carriers receive the identical support rule for terrestrial voice service. The existence legacy support, the proposed annual competitive ETCs ‘‘fail[ed] to efficiently of other voice service options within a budget of $105 million for ‘‘new voice target support where it is needed.’’ particular census block does not support’’ and first-year budget of $35 Accordingly, the Commission guarantee that consumers there will million in additional transitional emphasizes that the phase-down continue to have access to voice service support would far exceed a reasonable support maintained under its transition in the absence of an ETC being required amount of legacy support for carriers to mechanism is not intended to provide a to serve those consumers. The continue serving only those areas not long-term solution. Instead, until the Commission therefore remains won at auction. USTelecom explains Commission is able to implement a new unpersuaded that it needs not continue that $105 million ‘‘equals the $95 program, it maintains a targeted portion providing support to ETCs simply based million of frozen support currently of carriers’ existing legacy support to on the fact that there are multiple non- distributed to price cap carriers and $10 preserve affordable consumer access to ETCs serving that census block. million of additional support to account telecommunications in high-cost areas. for ACS’s participation in the program.’’ In adopting this interim framework, the 15. The Commission also declines to Under USTelecom’s proposal, as with adopt USTelecom’s most recent Commission thus balances its statutory the transition mechanism the duties to ensure affordable access to proposal to (1) distribute $105 million Commission adopts, carriers would not in ‘‘new voice support’’ across all high- quality services, promote in ‘‘rural, receive legacy support in either areas insular, and high cost areas . . . access cost and extremely high-cost census ineligible for the auction or areas won blocks for which, after the CAF Phase II to telecommunications and information at auction. But USTelecom’s proposal services . . . that are reasonably auction, price cap carriers will continue would require distributing a fixed to have an ETC obligation to provide comparable to those services provided amount of $105 million—more than the in urban areas and that are available at voice service; (2) distribute an total frozen support price cap carriers additional $35 million in transitional rates that are reasonably comparable to currently receive—across the remaining rates charged for similar services in support to carriers receiving less ‘‘new areas and up to $35 million in voice support’’ in a state than the urban areas,’’ and establish ‘‘specific, additional support for some of those predictable and sufficient . . . carrier’s ‘‘residual frozen support’’ same areas. In contrast, the amount for that state; and (3) phase mechanisms to preserve and advance Commission’s method efficiently targets universal service.’’ down the additional transitional support by using the CAM to allocate support over a two-year period. The the support a price cap carrier currently 18. The Commission also provides Commission finds this proposal receives to serve its entire service area price cap carriers and fixed competitive inconsistent with the overarching according to the relative costs of serving ETCs the option to decline phase-down objective of transitioning away from the each census block and then removing support on a state-by-state basis. It is current Phase I frozen support funding only the support associated with census possible that, despite their mandatory mechanism. Instead, USTelecom seeks blocks for which the price cap no longer voice obligations, some carriers may to expand the areas for which price cap has a federal high-cost voice obligation. conclude that they do not wish to carriers receive support—through a new The approach the Commission adopts continue receiving legacy support in funding mechanism, ‘‘new voice today therefore more rationally ties the every state. The Commission therefore support’’—to include areas where they current legacy support a price cap directs the Wireline Competition Bureau do not currently receive legacy support. carrier receives in a designated service to calculate and publish, for each price The Commission declines to do so. area within a state to the phase-down cap carrier’s designated service area Through the interim framework the support it will continue to receive until within each affected state, the amount of Commission adopts, it establishes a further Commission action. The support available in every census block reasonable process for transitioning Commission does not believe increasing after the authorization of Phase II Phase I frozen support and fixed support to maintain existing voice auction support within the same service competitive ETCs’ legacy support after service in these areas—even on an area. Within 30 days after the release of the authorization of Phase II auction interim basis—is a good use of the public notice of such support amounts, support. Price cap carriers currently Commission’s limited funds. price cap carriers and fixed competitive receive Phase I frozen support for use 17. The Commission recognizes, ETCs electing not to receive phase-down within particular service areas, and the nonetheless, that drawing on the results support in any states must provide Commission now allocates that support of legacy support mechanisms may notice of such election in the manner across the census blocks for which the produce results undesirable to certain specified by the Wireline Competition support is provided, i.e., within the carriers. Under those legacy Bureau.

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19. Regardless of the carrier’s election, contained in this proceeding. In support upon the authorization of CAF however, the federal ETC high-cost addition, the Commission notes that Phase II auction support. The obligation to provide voice service is pursuant to the Small Business Commission also adopts a schedule for mandatory and independent of whether Paperwork Relief Act of 2002, Public transitioning fixed competitive ETCs’ a carrier accepts phase-down support. Law 107–198, see 44 U.S.C. 3506(c)(4), legacy support over a two-year period. To the extent a price cap carrier or fixed it previously sought specific comment The Commission provides an option for competitive ETC no longer wishes to on how the Commission might further price cap carriers and fixed competitive maintain its ETC designation in the reduce the information collection ETCs to decline phase-down support on relevant areas, it may petition the burden for small business concerns with a state-by-state basis, and the relevant state to relinquish its ETC fewer than 25 employees. In this present Commission adopts a modified annual designation for those areas where document, the Commission has assessed certification requirement for carriers another ETC is providing service, and it the effects of the new and modified that elect phase-down support. may choose to go through the section rules that might impose information 26. The RFA directs agencies to 214 discontinuance process. For those collection burdens on small business provide a description of, and where price cap carriers and fixed competitive concerns, and find that they either will feasible, an estimate of the number of ETCs that receive phase-down support, not have a significant economic impact small entities that may be affected by the Commission will require that they on a substantial number of small entities the proposed rules, if adopted. The RFA certify annually that they have and will or will have a minimal economic impact generally defines the term ‘‘small use the support they continue to receive on a substantial number of small entity’’ as having the same meaning as in the relevant high-cost and extremely entities. the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental high-cost areas to provide voice B. Congressional Review Act telephony service throughout the jurisdiction.’’ In addition, the term relevant census blocks at rates that are 22. The Commission will send a copy ‘‘small business’’ has the same meaning reasonably comparable to comparable of this Report and Order to Congress as the term ‘‘small-business concern’’ offerings in urban areas. and the Government Accountability under the Small Business Act. A small- 20. To the extent that any carrier Office pursuant to the Congressional business concern’’ is one which: (1) Is believes it needs additional support to Review Act, see 5 U.S.C. 801(a)(1)(A). independently owned and operated; (2) provide voice service at reasonably 23. As required by the Regulatory is not dominant in its field of operation; comparable rates throughout the Flexibility Act of 1980 (RFA), as and (3) satisfies any additional criteria amended, an Initial Regulatory remaining census blocks within its established by the Small Business Flexibility Analysis (IRFAs) was service area, it may request a waiver Administration (SBA). incorporated in the Further Notice of pursuant to Section 1.3 of the 27. Small Businesses, Small Proposed Rulemaking adopted in April Commission’s rules. In evaluating Organizations, Small Governmental 2014 (April 2014 Connect America requests for a waiver, the Commission Jurisdictions. The Commission’s actions, Further Notice). The Commission sought will consider any relevant facts over time, may affect small entities that written public comment on the presented by the carrier that are not easily categorized at present. proposals in April 2014 Connect demonstrate it is necessary and in the The Commission therefore describes America Further Notice, including public interest for the price cap carrier here, at the outset, three broad groups of comment on the IRFA. The Commission to receive that additional funding to small entities that could be directly did not receive any relevant comments affected herein. First, while there are maintain reasonably priced voice in response to this IRFA. This Final industry specific size standards for service. Examples of such facts would Regulatory Flexibility Analysis (FRFA) small businesses that are used in the include not only all revenues derived conforms to the RFA. regulatory flexibility analysis, according from network facilities that are 24. The Report and Order addresses to data from the SBA’s Office of supported by universal service but also outstanding issues regarding the Advocacy, in general a small business is revenues derived from unregulated and transition of legacy universal service an independent business having fewer unsupported services. The Commission support—i.e., price cap carriers’ than 500 employees. These types of does not, however, expect to grant these Connect America Fund (CAF) Phase I small businesses represent 99.9 percent requests routinely, and caution frozen support and the frozen identical of all businesses in the United States petitioners that it generally intends to support of competitive eligible which translates to 28.8 million subject such requests to a rigorous, telecommunications carriers (ETCs) businesses. thorough and searching review offering service to fixed locations (fixed 28. Next, the type of small entity comparable to a total company earnings competitive ETCs)—after the described as a ‘‘small organization’’ is review. authorization of support pursuant to the generally ‘‘any not-for-profit enterprise III. Procedural Matters CAF Phase II auction. The transition which is independently owned and plan provides certainty and stability in operated and is not dominant in its A. Paperwork Reduction Analysis areas covered by winning bids in the field.’’ Nationwide, as of Aug 2016, 21. The Report and Order adopted CAF Phase II auction by establishing a there were approximately 356,494 small herein contains new or modified reasonable support glide path as the organizations based on registration and information collection requirements Commission transitions from one tax data filed by nonprofits with the subject to the Paperwork Reduction Act support mechanism to another. Internal Revenue Service (IRS). of 1995 (PRA), Public Law 104–13. It 25. Specifically, in the Report and 29. Finally, the small entity described will be submitted to the Office of Order, the Commission adopts a as a ‘‘small governmental jurisdiction’’ Management and Budget (OMB) for methodology to disaggregate price cap is defined generally as ‘‘governments of review under section 3507(d) of the carriers’ existing CAF Phase I frozen cities, counties, towns, townships, PRA. OMB, the general public, and support among areas based on the villages, school districts, or special other Federal agencies will be invited to relative costs of serving different census districts, with a population of less than comment on the new or modified blocks, and the Commission adopts a fifty thousand.’’ U.S. Census Bureau information collection requirements schedule for transitioning this legacy data from the 2012 Census of

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Governments indicates that there were expressed interest in continuing to List of Subjects in 47 CFR Part 54 90,056 local governmental jurisdictions provide service in areas where they Communications common carriers, consisting of general purpose receive legacy support by participating Health facilities, Infants and children, governments and special purpose in the CAF Phase II auction. The two- internet, Libraries, Reporting and governments in the United States. Of year phase-down schedule resumes the recordkeeping requirements, Schools, this number there were 37,132 General schedule adopted in the USF/ICC Telecommunications, Telephone. purpose governments (county, Transformation Order for competitive municipal and town or township) with ETCs, and thus eliminates support that Federal Communications Commission. populations of less than 50,000 and is no longer necessary while providing Cecilia Sigmund, 12,184 Special purpose governments an appropriate adjustment period for Federal Register Liaison Officer. (independent school districts and affected carriers. Final Rules special districts) with populations of 33. As an alternative to this less than 50,000. The 2012 U.S. Census straightforward transition schedule, the For the reasons discussed in the Bureau data for most types of Commission has considered preamble, the Federal Communications governments in the local government implementing a schedule more similar Commission amends 47 CFR part 54 as category shows that the majority of to price cap carriers’ transition—i.e., follows: these governments have populations of fixed competitive ETCs could continue less than 50,000. Based on this data the receiving legacy support in certain PART 54—UNIVERSAL SERVICE Commission estimates that at least auction-eligible areas and quickly stop ■ 49,316 local government jurisdictions 1. The authority citation for part 54 receiving legacy support associated with continues to read as follows: fall in the category of ‘‘small auction-ineligible areas. However, this governmental jurisdictions.’’ would add complexity to the process Authority: 47 U.S.C. 151, 154(i), 155, 201, 30. In the Report and Order, the with no benefit to fixed competitive 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted. Commission requires that price cap ETCs. carriers and fixed competitive ETCs that ■ 34. The Commission also provides an 2. Section 54.307 is amended by receive phase-down support certify option for price cap carriers and fixed adding paragraph (e)(8) to read as annually that they have and will use the competitive ETCs to elect not to receive follows: support they continue to receive in the phase-down support and be subject to relevant high-cost and extremely high- § 54.307 Support to a competitive eligible the associated obligations. In doing so, cost areas to provide voice telephony telecommunications carrier. the Commission minimizes any impact service throughout the relevant census * * * * * economic impact to small entities and blocks at rates that are reasonably (e) * * * other carriers. Carriers opting to comparable to comparable offerings in (8) Eligibility for support after urban areas. Price cap carriers and fixed continue receiving legacy support Connect America Phase II auction. competitive ETCs may elect, however, subject to the phase-down schedule Starting the first day of the month not to receive phase-down support. must continue to file a modified annual following the first authorization of 31. The RFA requires an agency to certification regarding their use of Connect America Phase II auction describe any significant alternatives that support, but those carriers are not support nationwide, fixed competitive it has considered in reaching its subject to any additional requirements. eligible telecommunications carriers proposed approach, which may include IV. Ordering Clauses shall have the option of receiving (among others) the following four support pursuant to paragraph (e)(2)(iii) alternatives: (1) The establishment of 35. Accordingly, it is ordered, of this section as described in the differing compliance or reporting pursuant to the authority contained in following paragraphs (e)(8)(i) through requirements or timetables that take into sections 4(i), 214, and 254 of the (iv): account the resources available to small Communications Act of 1934, as (i) For 12 months following the first entities; (2) the clarification, amended, 47 U.S.C. 154(i), 214, and authorization of Connect America Phase consolidation, or simplification of 254, that this Report and Order is II auction support nationwide, each compliance or reporting requirements adopted, effective thirty (30) days after fixed competitive eligible under the rule for small entities; (3) the publication of the text or summary telecommunications carrier shall receive use of performance, rather than design, thereof in the Federal Register, except two-thirds (2⁄3) of the carrier’s total standards; and (4) an exemption from that modifications to Paperwork support pursuant to paragraph (e)(2)(iii) coverage of the rule, or any part thereof, Reduction Act burdens shall become of this section. for small entities. The Commission has effective immediately upon (ii) For 12 months starting the month considered all these factors subsequent announcement in the Federal Register following the period described in to receiving substantive comments from of OMB approval. paragraph (e)(8)(i) of this section, each the public and potentially affected 36. It is further ordered that Part 54 fixed competitive eligible entities. The Commission has also of the Commission’s rules, 47 CFR part telecommunications carrier shall receive considered the economic impact on 54 is amended as set forth in the one-third (1⁄3) of the carrier’s total small entities, as identified in comments following, and such rule amendments support pursuant to paragraph (e)(2)(iii) filed in response to the April 2014 shall be effective thirty (30) days after of this section. Connect America Further Notice and publication of the rules amendments in (iii) Following the period described in IRFA, in reaching its final conclusions the Federal Register, except to the paragraph (e)(8)(ii) of this section, no and taking action in this proceeding. extent they contain information fixed competitive eligible 32. In the Report and Order, the collections subject to PRA review. The telecommunications carrier shall receive Commission adopts a transition rules that contain information any support pursuant to paragraph schedule providing a gradual two-year collections subject to PRA review shall (e)(2)(iii) of this section. phase-down for fixed competitive ETCs’ become effective immediately upon (iv) Notwithstanding the foregoing legacy support. Among those carriers, of announcement in the Federal Register schedule, the phase-down of support which many are small entities, few of OMB approval. below the level described in paragraph

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(e)(2)(iii) of this section shall be subject restrictions in Consolidated DATES: This final rule is effective March to the restrictions in Consolidated Appropriations Act, 2016, Public Law 11, 2019. Appropriations Act, 2016, Public Law 114–113, Div. E, Title VI, section 631, FOR FURTHER INFORMATION CONTACT: Mi 114–113, Div. E, Title VI, section 631, 129 Stat. 2242, 2470 (2015), unless and Ae Kim, Office of International Affairs 129 Stat. 2242, 2470 (2015), unless and until such restrictions are no longer in and Seafood Inspection, NMFS (phone until such restrictions are no longer in effect. 301–427–8365, or email mi.ae.kim@ effect. ■ 4. Section 54.313 is amended by noaa.gov). ■ 3. Section 54.312 is amended by adding paragraph (m) to read as follows: adding paragraph (d) to read as follows: SUPPLEMENTARY INFORMATION: § 54.313 Annual reporting requirements § 54.312 Connect America Fund for Price for high-cost recipients. Background Cap Territories—Phase I. * * * * * NMFS previously published a final * * * * * (m) Any price cap carrier or fixed rule to implement revisions and updates (d) Eligibility for support after competitive eligible to NMFS’ Antarctic Marine Living Connect America Phase II auction. (1) A telecommunications carrier that elects Resources Convention Act (AMRLCA) price cap carrier that receives monthly to continue receiving support pursuant regulations under 50 CFR part 300, baseline support pursuant to this to § 54.312(d) or § 54.307(e)(2)(iii) shall subpart G, to streamline the regulations, section and is a winning bidder in the provide certifications, starting July 1, reflect current measures adopted by the Connect America Phase II auction shall 2020 and for each subsequent year they Commission for the Conservation of receive support at the same level as receive such support, that all such Antarctic Marine Living Resources described in paragraph (a) of this support the company received in the (CCAMLR or Commission), and make section for such area until the Wireline previous year was used to provide voice other adjustments. The final rule Competition Bureau determines service throughout the high-cost and published in the Federal Register on whether to authorize the carrier to extremely high-cost census blocks January 19, 2017 (82 FR 6221). NMFS receive Connect America Phase II where they continue to have the federal has identified that 50 CFR 300.105(h) auction support for the same area. Upon high-cost eligible telecommunications includes two paragraphs numbered as the Wireline Competition Bureau’s carrier obligation to provide voice (h)(3). This rule solely corrects that mis- release of a public notice approving a service pursuant to § 54.201(d) at rates numbering by numbering the second price cap carrier’s application submitted that are reasonably comparable to paragraph as (h)(4) and does not make pursuant to § 54.315(b) and authorizing comparable offerings in urban areas. any substantive changes to the the carrier to receive Connect America Any price cap carrier or fixed regulations. Fund Phase II auction support, the competitive eligible Classification carrier shall no longer receive support at telecommunications carrier that solely the level of monthly baseline support receives support pursuant to § 54.312(d) This final rule has been determined to pursuant to this section for such area. or § 54.307(e)(2)(iii) in its designated be not significant for the purposes of Thereafter, the carrier shall receive service area shall not be subject to Executive Order 12866. monthly support in the amount of its reporting requirements in any other The Assistant Administrator for Connect America Phase II winning bid. paragraphs in this section for such Fisheries, NOAA (AA), finds that the (2) Starting the first day of the month support. need to immediately implement this following the first authorization of regulatory correction constitutes good Connect America Phase II auction [FR Doc. 2019–04261 Filed 3–6–19; 4:15 pm] cause to waive the requirements to support nationwide, no price cap carrier BILLING CODE 6712–01–P provide prior notice and opportunity for that receives monthly baseline support public comment pursuant to the pursuant to this section shall receive authority set forth in 5 U.S.C. 553(b)(B) such monthly baseline support for areas DEPARTMENT OF COMMERCE of the Administrative Procedure Act that are ineligible for Connect America (APA), because prior notice and Phase II auction support. National Oceanic and Atmospheric (3) To the extent Connect America Administration opportunity for public comment on this Phase II auction support is not awarded final rule is unnecessary and contrary to at auction for an eligible area, as 50 CFR Part 300 the public interest. Such procedures are unnecessary and contrary to the public determined by the Wireline Competition [Docket No. 180809745–8745–01] Bureau, the price cap carrier shall have interest, because the rules implementing the option of continuing to receive RIN 0648–BI40 revisions and updates to NMFS’ Antarctic Marine Living Resources support at the level described in International Affairs; Antarctic Marine paragraph (a) of this section until Convention Act (AMRLCA) regulations Living Resources Convention Act; have already been subject to notice and further Commission action. Correction (4) Starting the first day of the month comment and not correcting the following the authorization of Connect AGENCY: National Marine Fisheries regulatory text would result in America Phase II auction support to a Service (NMFS), National Oceanic and confusion and uncertainty for the winning bidder other than the price cap Atmospheric Administration (NOAA), affected entities. carrier that receives monthly baseline Commerce. For the aforementioned reasons, the support pursuant to this section for such ACTION: Final rule; technical AA also finds good cause to waive the area, the price cap carrier shall no amendment. 30-day delay in the effectiveness of this longer receive monthly baseline support action under 5 U.S.C. 553(d)(3). pursuant to this section. SUMMARY: NMFS is hereby making a These measures are thus exempt from (5) Notwithstanding the foregoing technical amendment to our regulations the procedures of the Regulatory schedule, the phase-down of support without altering the substance of the Flexibility Act because prior notice and below the level described in paragraph regulations. This change will correct a comment are not required under the (a) of this section shall be subject to the paragraph mis-numbering. APA.

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List of Subjects in 50 CFR Part 300 DEPARTMENT OF COMMERCE transferring, receiving, landing, or selling, or attempting to fish for, Antarctica, Antarctic marine living National Oceanic and Atmospheric possess, transfer, receive, land or sell, resources, Catch documentation Administration more than 2,000 lb (907.2 kg) of herring scheme, Fisheries, Fishing, per trip or calendar day in or from the Intergovernmental relations, Reporting 50 CFR Part 648 specified management area from a and recordkeeping requirements. [Docket No: 181031994–9022–02] vessel issued and holding a valid Dated: March 5, 2019. herring permit. RIN 0648–XG872 The Regional Administrator has Samuel D. Rauch III, projected, based on vessel and dealer Deputy Assistant Administrator for Fisheries of the Northeastern United reports, state data, and other available Regulatory Programs, National Marine States; Atlantic Herring Fishery; 2019 information, that the herring fleet will Fisheries Service. Management Area 2 Sub-Annual Catch have caught 92 percent of the herring Accordingly, 50 CFR part 300 is Limit Harvested sub-ACL allocated to Management Area corrected by making the following AGENCY: National Marine Fisheries 2 by March 9, 2019. Therefore, effective correcting amendments: Service (NMFS), National Oceanic and 00:01 hr local time, March 9, 2019, no Atmospheric Administration (NOAA), person may, or attempt to, fish for, PART 300—INTERNATIONAL Commerce. possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of herring FISHERIES REGULATIONS ACTION: Temporary rule; closure. per trip or calendar day, in or from Subpart G—Antarctic Marine Living SUMMARY: Effective on March 9, 2019, Management Area 2, through December Resources NMFS is closing the directed fishery for 31, 2019, from a vessel issued or Herring Management Area 2, based on a holding a valid herring permit. Vessels ■ 1. The authority citation for part 300, projection that a threshold catch amount that have entered port before 00:01 hr subpart G, continues to read as follows: for that management area has been local time, March 9, 2019, may land and reached. Beginning March 9, 2019, sell more than 2,000 lb (907.2 kg) of Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. through December 31, 2019, no person herring from Area 2 from that trip. A 9701 et seq. may, or attempt to fish for, possess, vessel may transit through Area 2 with ■ 2. Amend § 300.105 by revising transfer, receive, land, or sell more than more than 2,000 lb (907.2 kg) of herring on board, provided all herring was paragraph (h) to read as follows: 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day in or from caught outside of Area 2 and all fishing § 300.105 Preapproval for importation of Management Area 2 from a vessel issued gear is stowed and not available for frozen Dissostichus species. and holding a valid herring permit. For immediate use as defined by § 648.2. Effective 00:01 hr local time, March 9, * * * * * the duration of this action, federally permitted dealers may not possess or 2019, through 24:00 hr local time, (h) NMFS will not issue a preapproval receive, or attempt to possess or receive, December 31, 2019, federally permitted certificate for any shipment of more than 2,000 lb (907.2 kg) of herring dealers may not purchase, possess, Dissostichus species: from Management Area 2 per trip or receive, sell, barter, trade or transfer, or (1) Identified as originating from a calendar day from vessels issued and attempt to purchase, possess, receive, high seas area designated by the Food holding a valid herring permit. This sell, barter, trade or transfer more than and Agriculture Organization of the action is necessary to comply with the 2,000 lb (907.2 kg) of herring per trip or United Nations as Statistical Area 51 or regulations implementing the Atlantic calendar day from Management Area 2 Statistical Area 57 in the eastern and herring Fishery Management Plan and is from a vessel issued and holding a valid herring permit, unless it is from a trip western Indian Ocean outside and north intended to prevent overharvest of landed by a vessel that entered port of the Convention Area; herring in Management Area 2. before 00:01 hr local time, March 9, DATES: Effective 00:01 hr local time, (2) Determined to have been harvested 2019. or transshipped in contravention of any March 9, 2019, through 24:00 local time, CCAMLR Conservation Measure in force December 31, 2019. Classification at the time of harvest or transshipment; FOR FURTHER INFORMATION CONTACT: This action is required by 50 CFR part Daniel Luers, Fishery Management 648 and is exempt from review under (3) Determined to have been harvested Specialist, (978) 282–8457. Executive Order 12866. or transshipped by a vessel identified by SUPPLEMENTARY INFORMATION: The NMFS finds good cause pursuant to 5 CCAMLR as having engaged in illegal, Regional Administrator of NMFS for the U.S.C. 553(b)(3)(B) to waive prior notice unreported and unregulated (IUU) Greater Atlantic Region monitors the and the opportunity for public comment fishing; or herring fishery catch in each of the because it would be contrary to the (4) Accompanied by inaccurate, management areas based on vessel and public interest and impracticable. incomplete, invalid, or improperly dealer reports, state data, and other Further, in accordance with 5 U.S.C validated CDS documentation or by a available information. The regulations at § 553(d)(3), NMFS also finds good cause SVDCD. 50 CFR 648.201 require that when the to waive the 30-day delayed [FR Doc. 2019–04358 Filed 3–8–19; 8:45 am] Regional Administrator projects that effectiveness. NMFS is required by herring catch will reach 92 percent of Federal regulation to put in place a BILLING CODE 3510–22–P the sub-ACL allocated in Management 2,000-lb (907.2-kg) herring trip limit for Area 2 designated in the Atlantic Management Area 2 through December Herring Fishery Management Plan 31, 2019. The 2019 herring fishing year (FMP), through notification in the opened on January 1, 2019. Data Federal Register, NMFS must prohibit indicating the herring fleet will have for the remainder of the fishing year, landed at least 92 percent of the 2019 vessels from fishing for, possessing, sub-ACL allocated to Management Area

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2 have only recently become available. Atmospheric Administration (NOAA), directed fishing for pollock in Statistical Once available data supports projecting Commerce. Area 610 of the GOA. that 92 percent of the sub-ACL will be ACTION: Temporary rule; closure. While this closure is effective the caught, regulations at § 648.201(a) maximum retainable amounts at require NMFS to close the directed SUMMARY: NMFS is prohibiting directed § 679.20(e) and (f) apply at any time fishery and impose a trip and calendar fishing for pollock in Statistical Area during a trip. day limit to ensure that herring vessels 610 in the Gulf of Alaska (GOA). This do not exceed the 2019 sub-ACL action is necessary to prevent exceeding Classification allocated to Management Area 2. High- the A season allowance of the 2019 total volume catch and landings in this allowable catch of pollock for Statistical This action responds to the best fishery increase total catch relative to Area 610 in the GOA. available information recently obtained the sub-ACL quickly, especially in this DATES: Effective 1200 hrs, Alaska local from the fishery. The Assistant fishing year where annual catch limits time (A.l.t.), March 6, 2019, through Administrator for Fisheries, NOAA are unusually low. If implementation of 1200 hrs, A.l.t., March 10, 2019. (AA), finds good cause to waive the this closure is delayed to solicit prior FOR FURTHER INFORMATION CONTACT: Josh requirement to provide prior notice and public comment, the sub-ACL for Keaton, 907–586–7228. opportunity for public comment Management Area 2 for this fishing year SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5 will likely be exceeded, thereby manages the groundfish fishery in the U.S.C. 553(b)(B) as such requirement is undermining the conservation GOA exclusive economic zone impracticable and contrary to the public objectives of the FMP. If sub-ACLs are according to the Fishery Management interest. This requirement is exceeded, the excess must also be Plan for Groundfish of the Gulf of impracticable and contrary to the public deducted from a future sub-ACL and Alaska (FMP) prepared by the North interest as it would prevent NMFS from would reduce future fishing Pacific Fishery Management Council responding to the most recent fisheries opportunities. In addition, the public under authority of the Magnuson- had prior notice and full opportunity to data in a timely fashion and would Stevens Fishery Conservation and comment on this process when these delay the closure of directed fishing for provisions were put in place. The public Management Act. Regulations governing pollock in Statistical Area 610 of the expects these actions to occur in a fishing by U.S. vessels in accordance GOA. NMFS was unable to publish a timely way consistent with the fishery with the FMP appear at subpart H of 50 notice providing time for public management plan’s objectives. CFR part 600 and 50 CFR part 679. comment because the most recent, The A season allowance of the 2019 Authority: 16 U.S.C. 1801 et seq. relevant data only became available as total allowable catch (TAC) of pollock in of March 5, 2019. Dated: March 6, 2019. Statistical Area 610 of the GOA is 848 Karen H. Abrams, metric tons (mt) as established by the The AA also finds good cause to waive the 30-day delay in the effective Acting Director, Office of Sustainable final 2018 and 2019 harvest Fisheries, National Marine Fisheries Service. specifications for groundfish in the GOA date of this action under 5 U.S.C. [FR Doc. 2019–04352 Filed 3–6–19; 5:00 pm] (83 FR 8768, March 1, 2018) and 553(d)(3). This finding is based upon BILLING CODE 3510–22–P inseason adjustment (84 FR 33, January the reasons provided above for waiver of 4, 2019). prior notice and opportunity for public In accordance with § 679.20(d)(1)(i), comment. DEPARTMENT OF COMMERCE the Regional Administrator has This action is required by § 679.20 determined that the A season allowance and is exempt from review under National Oceanic and Atmospheric of the 2019 TAC of pollock in Statistical Executive Order 12866. Administration Area 610 of the GOA is necessary to account for the incidental catch in other Authority: 16 U.S.C. 1801 et seq. 50 CFR Part 679 anticipated fisheries. Therefore, the Dated: March 6, 2019. [Docket No. 170816769–8162–02] Regional Administrator is establishing a Karen H. Abrams, directed fishing allowance of 0 mt and RIN 0648–XG730 Acting Director, Office of Sustainable is setting aside the remaining 848 mt as Fisheries, National Marine Fisheries Service. bycatch to support other anticipated Fisheries of the Exclusive Economic groundfish fisheries. In accordance with [FR Doc. 2019–04313 Filed 3–6–19; 4:15 pm] Zone Off Alaska; Pollock in Statistical BILLING CODE 3510–22–P Area 610 in the Gulf of Alaska § 679.20(d)(1)(iii), the Regional Administrator finds that this directed AGENCY: National Marine Fisheries fishing allowance has been reached. Service (NMFS), National Oceanic and Consequently, NMFS is prohibiting

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Proposed Rules Federal Register Vol. 84, No. 47

Monday, March 11, 2019

This section of the FEDERAL REGISTER 20250–0244; telephone: (202) 720–9915, been estimated that approximately 1,200 contains notices to the public of the proposed facsimile: (202) 205–2800; or electronic entities would be eligible to vote in the issuance of rules and regulations. The mail: [email protected]. referendum. It will take an average of 15 purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: minutes for each voter to read the voting persons an opportunity to participate in the Pursuant rule making prior to the adoption of the final to the Commodity Promotion, Research, instructions and complete the rules. and Information Act of 1996 (7 U.S.C. referendum ballot. 7411–7425) (1996 Act), it is hereby Patricia Petrella, Deputy Director, and directed that a referendum be conducted Heather M. Pichelman, Director, DEPARTMENT OF AGRICULTURE to ascertain whether continuance of the Promotion and Economics Division, Christmas Tree Promotion, Research, Specialty Crops Program, AMS, USDA, Agricultural Marketing Service and Information Order (7 CFR part Stop 0244, Room 1406–S, 1400 1214) (Order) is favored by eligible 7 CFR Part 1214 domestic producers and importers of Independence Avenue SW, Washington, DC 20250–0244, are designated as the [Document No. AMS–SC–18–0104] Christmas trees. The Order is authorized under the 1996 Act. referendum agents to conduct this Christmas Tree Promotion Research, The representative period for referendum. The referendum procedures and Information Order; Referendum establishing voter eligibility for the at 7 CFR 1214.100 through 1214.108, referendum shall be the period from which were issued pursuant to the 1996 AGENCY: Agricultural Marketing Service, September 1, 2018 through March 15, Act, shall be used to conduct the USDA. 2019. Persons who domestically referendum. ACTION: Notification of referendum. produced or imported more than 500 The referendum agent will distribute SUMMARY: This document directs that a trees during the representative period the ballots to be cast in the referendum referendum be conducted among and were subject to assessments during and voting instructions by U.S. mail, eligible producers and importers of that period are eligible to vote. Persons FedEx, or through electronic mail to all Christmas trees to determine whether who received an exemption from known, eligible domestic producers and they favor continuance of the assessments pursuant to § 1214.53 for importers prior to the first day of the the entire representative period are Agricultural Marketing Service’s (AMS) voting period. Persons who ineligible to vote. The referendum will regulations regarding a national domestically produced or imported 500 be conducted by mail and email ballot Christmas tree research and promotion or more Christmas trees during the program. from April 22 through May 17, 2019. The Department will provide the option representative period, and were subject DATES: The referendum will be for ballots to be returned electronically. to assessment during that period, are conducted by mail ballot from April 22 Further details will be provided in the eligible to vote. Persons who received through May 17, 2019. The U.S. ballot instructions. an exemption from assessments Department of Agriculture (Department) Section 518 of the 1996 Act (7 U.S.C. pursuant to § 1214.53 during the entire will provide the option for ballots to be 7417) authorizes required referenda. representative period are ineligible to returned electronically. Further details Under § 1214.81(a) of the Order, the vote. Any eligible producer or importer will be provided in the ballot Department must conduct a referendum who does not receive a ballot should instructions. Mail ballots must be not later than three years after contact the referendum agent as soon as postmarked by May 17, 2019. Ballots assessments first begin under the order possible. Ballots delivered to the returned via express mail or electronic to determine whether persons subject to Department via regular U.S. mail must mail must show proof of delivery by no assessment favor continuance of the be postmarked by May 17, 2019. Ballots later than 11:59 p.m. Eastern Time (ET) program. The Board conducted this on May 17, 2019 to be counted. delivered to the Department via express required referendum in May 2018, mail or electronic mail must show proof ADDRESSES: Copies of the Christmas tree passing by a narrow margin. In addition, of delivery by no later than 11:59 p.m. program may be obtained from: the Order allows for a referendum to be Eastern Time (ET) on May 17, 2019. Referendum Agent, Promotion and conducted at any time as determined by Economics Division, Specialty Crops the Secretary (7 CFR 1214.81(b)(5)). As List of Subjects in 7 CFR Part 1214 Program, AMS, USDA, 1400 such, due to the close results of the 2018 Administrative practice and Independence Avenue SW, Room 1406– referendum, the Department is procedure, Advertising, Consumer S, Stop 0244, Washington, DC 20250– announcing the conduct of this information, Christmas trees, Marketing 0244, telephone: (202) 720–9915; referendum. The Department will agreements, Reporting and facsimile: (202) 205–2800; or contact continue the program if it is favored by Patricia Petrella at (202) 720–9915 or via a majority of producers and importers of recordkeeping requirements. electronic mail: Patricia.Petrella@ Christmas trees voting in the Authority: 7 U.S.C. 7411–7425; 7 U.S.C. ams.usda.gov. referendum. 7401. FOR FURTHER INFORMATION CONTACT: In accordance with the Paperwork Dated: March 6, 2019. Patricia Petrella, Deputy Director, Reduction Act of 1995 (44 U.S.C. Promotion and Economics Division, chapter 35), the referendum ballot has Erin Morris, Specialty Crops Program, AMS, USDA, been approved by the Office of Associate Administrator. 1400 Independence Avenue SW, Room Management and Budget (OMB) and [FR Doc. 2019–04344 Filed 3–8–19; 8:45 am] 1406–S, Stop 0244, Washington, DC assigned OMB No. 0581–0093. It has BILLING CODE 3410–02–P

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DEPARTMENT OF AGRICULTURE were subject to assessments during the information, Marketing agreements, representative period are eligible to Peanut promotion, Reporting and Agricultural Marketing Service vote. The referendum shall be recordkeeping requirements. conducted by regular U.S. mail or by Authority: 7 U.S.C. 7411–7425 and 7 7 CFR Part 1216 electronic means from April 15 through U.S.C. 7401. [Document Number AMS–SC–18–0103] May 3, 2019. The Department will provide the option for electronic Dated: March 5, 2019. Erin Morris, Peanut Promotion, Research and balloting. Further details will be Information Order; Continuance provided in the ballot instructions. Associate Administrator. Referendum Section 518 of the 1996 Act (7 U.S.C. [FR Doc. 2019–04277 Filed 3–8–19; 8:45 am] 7417) authorizes continuance referenda. BILLING CODE 3410–02–P AGENCY: Agricultural Marketing Service, Under section 1216.82 of the Order, the Agriculture. Department must conduct a referendum ACTION: Notification of referendum. every five years or when 10 percent or DEPARTMENT OF COMMERCE more of the eligible peanut producers SUMMARY: This document directs that a petition the Secretary of Agriculture to National Oceanic and Atmospheric referendum be conducted among hold a referendum to determine if Administration eligible producers of peanuts to persons subject to assessment favor determine whether they favor continuance of the Order. The 15 CFR Part 930 continuance of the Agricultural Department would continue the Order if [Docket No. 180215185–8185–01] Marketing Service (AMS) regulations continuance is approved by a simple regarding a national peanut research majority of the producers voting in the RIN 0648–BH78 and promotion program. referendum. DATES: The referendum will be In accordance with the Paperwork Procedural Changes to the Coastal conducted from April 15 through May 3, Reduction Act of 1995 (44 U.S.C. Zone Management Act Federal 2019. The U.S. Department of chapter 35), the referendum ballot has Consistency Process Agriculture (Department) will provide been approved by the Office of AGENCY: Office for Coastal Management, the option for electronic balloting. Management and Budget (OMB) and National Ocean Service, National Further details will be provided in the assigned OMB No. 0581–0093. It has Oceanic Atmospheric Administration ballot instructions. Mail ballots must be been estimated that there are (NOAA), Department of Commerce. approximately 7,000 producers who postmarked by May 3, 2019. Ballots ACTION: will be eligible to vote in the Advance notice of proposed returned via express mail or electronic rulemaking. means must show proof of delivery by referendum. It will take an average of 15 no later than 11:59 p.m. Eastern Time minutes for each voter to read the voting SUMMARY: The National Oceanic and (ET) on May 3, 2019. instructions and complete the Atmospheric Administration (NOAA) is ADDRESSES: Copies of the Peanut referendum ballot. issuing this advance notice of proposed Promotion, Research and Information Jeanette Palmer and Heather rulemaking (ANPR) to seek the public Order (Order) may be obtained from: Pichelman, PED, SCP, AMS, USDA, and regulated community’s input on Referendum Agent, Promotion and Stop 0244, Room 1406–S, 1400 what changes could be made to NOAA’s Economics Division (PED), Specialty Independence Avenue SW, Washington, Coastal Zone Management Act (CZMA) Crops Program (SCP), AMS, USDA, Stop DC 20250–0244, are designated as the federal consistency regulations to make 0244, Room 1406–S, 1400 Independence referendum agents to conduct this the federal consistency process more Avenue SW, Washington, DC 20250– referendum. The referendum procedures efficient across all stages of OCS oil and 0244; telephone: (202) 720–9915; 7 CFR 1216.100 through 1216.107, gas projects from leasing to facsimile: (202) 205–2800. which were issued pursuant to the Act, development, as well as renewable shall be used to conduct the FOR FURTHER INFORMATION CONTACT: energy projects. NOAA is also seeking referendum. Jeanette Palmer, Marketing Specialist, comments on whether NOAA could The referendum agents will distribute process appeals in less time and PED, SCP, AMS, USDA, Stop 0244, the ballots to be cast in the referendum Room 1406–S, 1400 Independence increase the predictability in the and voting instructions by U.S. mail or outcome of an appeal. NOAA further Avenue SW, Washington, DC 20250– through electronic means to all known 0244; telephone: (202) 720–9915; invites comment on the potential costs producers prior to the first day of the that could be incurred by small entities facsimile: (202) 205–2800; or electronic voting period. Persons who produced mail: [email protected]. during CZMA consistency appeals if peanuts and were subject to assessments NOAA revises the federal consistency SUPPLEMENTARY INFORMATION: Pursuant during the representative period are regulations to provide greater efficiency to the Commodity Promotion, Research eligible to vote. Any eligible producer and Information Act of 1996 (7 U.S.C. and predictability as discussed in this who does not receive a ballot should Notice. 7411–7425) (Act), it is hereby directed contact a referendum agent as soon as that a referendum be conducted to possible. Ballots delivered to the DATES: Comments on this ANPR must be ascertain whether continuance of the Department via regular U.S. mail must received by April 25, 2019. Order (7 CFR part 1216) is favored by be postmarked by May 3, 2019. Ballots ADDRESSES: You may submit comments producers of peanuts covered under the delivered to the Department via express on this advance notice of proposed program. The Order is authorized under mail or electronic means must show rulemaking (ANPR), identified by the Act. proof of delivery by no later than 11:59 NOAA–NOS–2018–0107 by either of the The representative period for p.m. Eastern Time (ET) on May 3, 2019. following methods: establishing voter eligibility for the • Electronic Submission: Submit all referendum shall be the period from List of Subjects in 7 CFR Part 1216 electronic public comments via the June 1, 2017 through May 31, 2018. Administrative practice and Federal e-Rulemaking Portal Persons who produced peanuts and procedure, Advertising, Consumer www.regulations.gov. To submit

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comments via the e-Rulemaking Portal, Management formed in 2014 through state’s federally approved CZMA first click the ‘‘Submit a Comment’’ the merger of the former Office of Ocean program. See CZMA § 307 (16 U.S.C. icon, then enter NOAA–NOS–2018– and Coastal Resource Management and 1456) and 15 CFR part 930. See NOAA’s 0107 in the keyword search. Locate the the Coastal Services Center. Unless federal consistency website for document you wish to comment on otherwise specified, the term additional information, https:// from the resulting list and click on the ‘‘Secretary’’ refers to the Secretary of www.coast.noaa.gov/czm/consistency/ ‘‘Submit a comment’’ icon on the right Commerce. (last visited February 6, 2019). of that line. The Coastal Zone Management Act. The CZMA and NOAA’s • Mail: Submit written comments to The CZMA (16 U.S.C. 1451–1466) was implementing regulations describe four Mr. Kerry Kehoe, Federal Consistency enacted on October 27, 1972, to types of federal actions for CZMA Specialist, Office for Coastal encourage coastal states, Great Lake federal consistency purposes. Management, NOAA, 1305 East-West states, and United States territories and 1. Federal agency activities and Highway, 10th Floor, N/OCM6, Silver commonwealths (collectively referred to development projects (CZMA Spring, MD 20910. Attention: CZMA as ‘‘coastal states’’ or ‘‘states’’) to be § 307(c)(1), (2); 15 CFR part 930, subpart Federal Consistency ANPR Comments. proactive in managing the uses and C). Instructions: Comments must be resources of the coastal zone for their 2. Federal license or permit activities submitted by one of the above methods benefit and the benefit of the Nation. (non-federal applicants) (CZMA to ensure that the comments are The CZMA recognizes a national § 307(c)(3)(A); 15 CFR part 930, subpart received, documented, and considered interest in the uses and resources of the D). by NOAA. Comments sent by any other coastal zone and in the importance of 3. Outer Continental Shelf method, to any other address or balancing the competing uses of coastal exploration, development and individual, or received after the end of resources. See 16 U.S.C. 1451. The production plans (similar to the the comment period, may not be CZMA established the National Coastal procedures in subpart D) (CZMA considered. All comments received are Zone Management Program, a voluntary § 307(c)(3)(B); 15 CFR part 930, subpart a part of the public record and will program for states. If a state decides to E). generally be posted for public viewing participate in the program, it must 4. Federal financial assistance to state on www.regulations.gov without change. develop and implement a or local agencies (CZMA § 307(d); 15 All personal identifying information comprehensive management program CFR part 930, subpart F). (e.g., name, address) submitted pursuant to federal requirements. See It is important to understand that the voluntarily by the sender will be CZMA § 306(d) (16 U.S.C. 1455(d)); 15 applicable subparts of NOAA’s federal publicly accessible. Do not submit CFR part 923. Of the thirty-five coastal consistency regulations for these four confidential business information, or states that are eligible to participate in categories of federal actions (subparts C, otherwise sensitive or protected the National Coastal Zone Management D, E, and F) differ with regard to: information. NOAA will accept Program, thirty-four have federally- Terminology; who decides whether anonymous comments (enter ‘‘N/A’’ in approved management programs. Alaska there are coastal effects; procedural the required fields if you wish to remain is currently not participating in the timeframes and information anonymous). program. requirements; standards of consistency FOR FURTHER INFORMATION CONTACT: Mr. Federal Consistency. The CZMA (i.e., ‘‘fully consistent’’ versus David Kaiser, Senior Policy Analyst, federal consistency provision is an ‘‘consistent to the maximum extent Office for Coastal Management, NOAA, important component of the National practicable’’); state objection at 603–862–2719, david.kaiser@ Coastal Zone Management Program and requirements; and the consequences of noaa.gov, or Mr. Kerry Kehoe, Federal is a key incentive for states to join the state objections. Below is a table Consistency Specialist, Office for Program. See CZMA § 307 (16 U.S.C. summarizing some of the key Coastal Management, NOAA, at 240– 1456) and NOAA’s regulations at 15 differences between subpart C (federal 533–0782, [email protected]. CFR part 930. Federal consistency is the agency activities), subpart D (federal SUPPLEMENTARY INFORMATION: CZMA provision that federal actions license or permit activities) and subpart (inside or outside a state’s coastal zone) E (OCS plans). Subparts D and E are I. Background that have reasonably foreseeable effects similar in requirements. Note that Unless otherwise specified, the term on any land or water use or natural subpart F is not discussed in detail in ‘‘NOAA’’ refers to the Office for Coastal resource of the affected state’s coastal this ANPR as it has limited, or no, Management, within NOAA’s National zone must be consistent with the connection to renewable energy or OCS Ocean Service. The Office for Coastal enforceable policies of the affected oil and gas projects.

Activities by a Federal Agency (e.g., OCS Oil and Gas Lease Sales) Non-Federal Applicants for Federal Licenses or Permits (Subpart C) (Subpart D) and OCS Plans (Subpart E)

Who decides Federal agency decides whether there are coastal effects ...... State, with NOAA approval, decides whether there are coastal whether effects through ‘‘listing’’ and ‘‘unlisted’’ requirements for ac- there are tivities requiring federal authorization. coastal ef- fects? Who submits Federal agency submits consistency determination (CD) if Applicant submits consistency certification (CC). consistency coastal effects. determina- tion or certifi- cation?

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Activities by a Federal Agency (e.g., OCS Oil and Gas Lease Sales) Non-Federal Applicants for Federal Licenses or Permits (Subpart C) (Subpart D) and OCS Plans (Subpart E)

When is con- Submitted at least 90 days before final action ...... Submitted with or after license or permit application to federal sistency de- agency. termination or certifi- cation sub- mitted? When does Review starts when CD received (if complete) ...... Review starts when CC and ‘‘necessary data and information’’ state review received. start? How long is the State has 60 (plus 15) days to review. State and federal agen- State has 6 months to review (with 3-month status notice). state review cy can agree to a shorter or longer review period. State and applicant can agree to ‘‘stay’’ the 6-month review process? period for a specified time, after which the remainder of the 6-month review period applies. What is the ap- Activity must be ‘‘consistent to the maximum extent prac- Activity must be fully consistent as determined by the state. plicable fed- ticable’’ (i.e., fully consistent unless federal law prohibits full eral consist- consistency) as determined by the federal agency. ency stand- ard? What is the im- If state concurs or concurrence is presumed, federal agency If state concurs or concurrence is presumed, federal agency pact of the may proceed. If state objects, federal agency can proceed may authorize the activity. If state objects, federal agency state’s re- over objection if consistent to the maximum extent prac- may not authorize the activity, unless Secretary of Com- sponse? ticable. merce overrides state objection on appeal by the applicant. Are there ad- There is no appeal to the Secretary of Commerce for federal Applicant may appeal state objection to the Secretary of Com- ministrative agency activities. A state can challenge a federal agency’s merce (delegated to NOAA) who can override or sustain the or judicial decision to proceed over state objection in federal court state objection. An applicant must file an appeal within 30 processes and/or a state or federal agency can seek non-binding me- days of receipt of a state objection. Under CZMA statutory available if a diation through the Secretary of Commerce or NOAA. If requirements and NOAA’s regulations, NOAA will issue a state ob- state litigates federal agency decision to proceed and fed- Secretarial CZMA appeal decision within 265–325 days jects? eral agency loses in federal court, the President may ex- from the filing of an appeal. The applicant or state can chal- empt the activity from CZMA compliance if it is in the para- lenge the Secretary’s decision in federal court. mount interest of the United States.

Federal Consistency Standards. In is made by the federal agency. In its and development. The OCSLA and its accordance with the CZMA and 2000 and 2006 final rules, NOAA implementing regulations prohibit the NOAA’s regulations at 15 CFR part 930, clarified how the ‘‘consistent to the Secretary of the Interior from permitting federal license or permit activities maximum extent practicable’’ standard any activity provided in either an (subpart D), and OCS exploration plans, applies. The 2000 rule, in response to Exploration Plan, a Development and and development and production plans requests by Federal agencies, explained Production Plan, or a Development (subpart E) must be fully consistent with that Federal agencies can proceed over Operations and Coordination Document, the enforceable policies of a state’s a state’s objection, due to an unforeseen unless the coastal state concurs or is federally approved CZMA program. If circumstance or emergency, or when a conclusively presumed to concur with the affected state objects to the proposed Federal agency asserts, based on its own the CZMA consistency certification activity after concluding it is not fully administrative decision record, it is accompanying the plan. If the coastal consistent with the state’s enforceable fully consistent even if the state state objects to the CZMA consistency policies, the federal agency may not disagrees, or the requirements of other certification, the Secretary of the authorize the activity unless the federal law prevent full consistency. See Interior may still permit such activity if, Secretary of Commerce overrides the 65 FR 77123, 77133–34 and 77142–43 on appeal by the applicant, the state’s objection on appeal by the (Dec. 8, 2000), and 71 FR 787, 802 Secretary of Commerce finds that such applicant. 16 U.S.C. 1456(c)(3). (comments 5 and 6) and 809 (comment activity is consistent with the objectives For federal agency activities and 35) (Jan. 5, 2006). These two Federal of the CZMA or is otherwise necessary development projects (subpart C), the Register documents are on NOAA’s in the interest of national security. See ‘‘consistent to the maximum extent website at: https://www.coast.noaa.gov/ 16 U.S.C. 1456(c)(3)(B)(iii); see also 43 practicable’’ standard applies. When czm/consistency/media/frfinal.pdf and U.S.C. 1340(c)(2), 1351(d) and (h). (A such activities are subject to federal https://www.coast.noaa.gov/czm/ Development Operations and consistency/media/finalrulefed Coordination Document is the consistency review, they shall be carried _ out in a manner that is consistent to the regjan05 06.pdf (both last visited equivalent of a Development and maximum extent practicable with the February 6, 2019). Production Plan in the Western Gulf of enforceable policies of a state’s federally Federal Consistency and the Outer Mexico.) The OCSLA expressly approved CZMA program. 16 U.S.C. Continental Shelf Lands Act (OCSLA). references the relevant sections of the 1456(c)(1)(A). NOAA defines The CZMA is intertwined with the CZMA. ‘‘consistent to the maximum extent OCSLA’s oil and gas leasing and Below is a brief description of how practicable’’ at 15 CFR 930.32, which development program. The CZMA and the CZMA applies to the four primary requires that federal agencies be ‘‘fully its implementing regulations stages of OCS oil and gas activity. The consistent’’ ‘‘unless full consistency is specifically describe how the CZMA four primary OCS oil and gas stages and prohibited by existing law applicable to federal consistency provisions apply to the applicable subpart of NOAA’s the Federal agency.’’ This determination OCS oil and gas leasing, exploration, regulations are: (1) National OCS Oil

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and Gas Leasing Program (no CZMA sale or later during review of an objection to the Secretary of Commerce review); (2) OCS Oil and Gas Lease Sale Exploration Plan. A BOEM permit may pursuant to 15 CFR part 930, subpart H (subpart C); (3) Exploration Plan be required for certain off-lease G&G and the Secretary overrides the state’s (subpart E); and (4) Development and surveys under 30 CFR part 551. An off- CZMA objection. Alternatively, the Production Plan or Development lease G&G survey is a survey that is not state, applicant, and BOEM could reach Operations and Coordination Document part of a lease sale or Exploration Plan. an agreement such that the state would (subpart E). Below is also a description In these instances, states would not remove its objection, allowing BOEM to of the various ways in which geological have the ability to review G&G surveys authorize exploration activities. This and geophysical seismic surveys may be in a lease sale or Exploration Plan. agreement could occur before or during subject to state CZMA review. However, as discussed further below, an appeal. National OCS Oil and Gas Leasing states may have the ability to review off- Geological and Geophysical Permits Program (National OCS Program). lease G&G survey activities as a federal for Off-lease Activities (16 U.S.C. CZMA federal consistency does not license or permit activity in accordance 1456(c)(3)(A); 15 CFR part 930, subpart apply to the National OCS Program. The with NOAA’s regulations at 15 CFR part D and 30 CFR part 551). Off-lease G&G Bureau of Ocean Energy Management 930, subpart D. surveys, as well as those conducted on (BOEM), with NOAA’s concurrence, Exploration Plan (16 U.S.C. lands under lease to a third party, determined that the National OCS 1456(c)(3)(B); 15 CFR part 930, subpart require a permit from BOEM under 30 Program is not a ‘‘proposal for action’’ E). If an OCS oil and gas lessee decides CFR part 551. Off-lease G&G surveys are under NOAA’s CZMA regulations as a to commence exploration on a lease, the surveys that are not authorized by lease sale may not happen and any lessee is required to propose an BOEM, or reviewed by states for federal future coastal effects are too speculative Exploration Plan to BOEM. Depending consistency, as part of a lease sale or at the National OCS Program stage. See on the location of the proposed Exploration Plan. These G&G permit 71 FR 787, 792 (Jan. 5, 2006), https:// Exploration Plan, CZMA § 307(c)(3)(B) applications may be subject to the www.coast.noaa.gov/czm/consistency/ requires that the lessee/applicant submit CZMA federal consistency process as a media/finalrulefedregjan05_06.pdf (last a consistency certification to the federal license or permit activity visited February 6, 2019). affected state(s), through BOEM. If a pursuant to NOAA’s regulations at 15 OCS Oil and Gas Lease Sale (16 U.S.C. state objects to a consistency CFR part 930, subpart D. A consistency 1456(c)(1); 15 CFR part 930, subpart C). certification for an Exploration Plan, certification is required for these off- An OCS oil and gas lease sale is a BOEM cannot authorize exploration lease G&G permits if the state has, federal agency activity under CZMA activities unless the applicant appeals pursuant to 15 CFR 930.53, (1) listed the § 307(c)(1) and subpart C of NOAA’s the state objection to the Secretary of G&G permits in the state’s NOAA- regulations. If BOEM holds a lease sale, Commerce pursuant to 15 CFR part 930, approved federal consistency list, and BOEM determines which states are subpart H and the Secretary overrides (2) included a geographic location affected and provides those states with the state’s CZMA objection. description in its coastal management a consistency determination for review Alternatively, the state, applicant, and program. If not, then a state would need and concurrence, objection, or BOEM could reach an agreement such to request NOAA approval to review off- presumed concurrence if there is no that the state would remove its lease G&G permit applications on a response within the regulatory objection, allowing BOEM to authorize case-by-case basis as an unlisted activity timeframe. If a state objects to BOEM’s exploration activities. This agreement under 15 CFR 930.54. If a state objects consistency determination, BOEM can could occur before or during an appeal. to a consistency certification for a G&G still proceed with the lease sale if BOEM Development and Production Plan or permit under 30 CFR part 551, BOEM determines it is ‘‘consistent to the Development Operations and cannot authorize the activity unless the maximum extent practicable’’ with the Coordination Document (16 U.S.C. applicant appeals the state objection to state’s coastal management program. 1456(c)(3)(B); 15 CFR part 930, subpart the Secretary of Commerce pursuant to Because OCS oil and gas lease sales are E, and 30 CFR part 550, subpart B). If 15 CFR part 930, subpart H and the subject to subpart C of the federal a lessee completes its exploration Secretary overrides the state’s CZMA consistency regulations, there is no right activities and decides to extract oil and objection. Alternatively, the state, of appeal to the Secretary of Commerce gas for production, it must provide applicant, and BOEM could reach an if a state objects to BOEM’s consistency BOEM with a Development and agreement such that the state would determination. Rather, BOEM may Production Plan or a Development remove its objection, allowing BOEM to decide to proceed over the state’s Operations and Coordination Document authorize exploration activities. This objection and hold a lease sale under (for the Western Gulf of Mexico). CZMA agreement could occur before or during the consistent to the maximum extent § 307(c)(3)(B) requires that the lessee/ an appeal. practicable standard if BOEM applicant submit a consistency Federal Consistency Appeal Process. determines the lease sale: (1) Is fully certification to the affected state(s), The CZMA appeal process is available consistent with the enforceable policies through BOEM, for the Development to non-federal applicants for federal of the state’s management program; or and Production Plan or Development license and permit activities (subpart D), (2) BOEM is legally prohibited from Operations and Coordination Document, OCS Exploration, Development and being fully consistent. 15 CFR 930.43(d). just as it does for the Exploration Plan. Production Plans (subpart E), and Once a lease sale is granted it gives Depending on the location of the federal financial assistance (subpart F). the lessee the authority to conduct on- development, one or more states will The appeal process takes 265 to 325 lease ancillary activities, such as receive a consistency certification from days to complete. Congress added this geological and geophysical (G&G) the applicant, through BOEM. If a state timeframe to the CZMA in the Energy seismic surveys on the lease blocks objects to a consistency certification for Policy Act of 2005, Pub. L. 109–58, and acquired. BOEM requires the submittal a Development and Production Plan or NOAA added the timeframe to NOAA’s of an Exploration Plan for certain on- Development Operations and regulations at 15 CFR part 930, subpart lease ancillary activities. These on-lease Coordination Document, BOEM cannot H in NOAA’s 2006 rulemaking, 71 FR activities are considered as part of a authorize development and production 75864. Historically, state objections to state’s CZMA review during the lease unless the applicant appeals the state Exploration Plans or Development and

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Production Plans do not happen very II. Action Requested From the Public objection. The applicant could then often. As noted in NOAA’s 2006 final In accordance with Executive Order complete its exploration activities and rule: 13795, this Advance Notice of Proposed then submit to BOEM a Development and Production Plan or Development Since 1978, [BOEM] has approved over Rulemaking seeks the public and Operations and Coordination Document 10,600 [Exploration Plans] and over 6,000 regulated community’s input on what and the state could again issue a CZMA [Development and Production Plans]. States changes could be made to NOAA’s objection. In this scenario, there may be have concurred with nearly all of these plans. CZMA federal consistency regulations at a substantial amount of technical, In the 30-year history of the CZMA, there 15 CFR part 930 to make the consistency environmental, safety, national interest, have been only 18 instances where the process more efficient across all stages and alternative analysis information and offshore oil and gas industry appealed a of OCS oil and gas projects from leasing review by BOEM, other federal agencies, State’s federal consistency objection to the to development or renewable energy the states, NOAA and Commerce for the Secretary of Commerce. The Secretary issued projects. Any input should be consistent Exploration Plan and for an appeal of a a decision in 14 of those cases. The Secretary with statutory provisions regarding the state CZMA objection to an Exploration did not issue a decision for the other 4 OCS CZMA review of OCS oil and gas lease Plan. This information may be similar or appeals because the appeals were withdrawn sales, Exploration Plans, Development the same as that developed for an appeal due to settlement negotiations between the and Production Plans, Development of a state CZMA objection to the later State and applicant or a settlement agreement Operations and Coordination Development and Production Plan or between the Federal Government and the oil Documents, G&G permits, and appeals companies involved in the projects. Of the 14 Development Operations and to the Secretary of Commerce. NOAA Coordination Document for the same decisions (1 [Development and Production recommends that anyone providing Plan] and 13 [Exploration Plans]), there were lease block. Therefore, NOAA is seeking input review NOAA’s 2006 final rule comment on whether, in such a 7 decisions to override the State’s objection discussed above. NOAA notes that and 7 decisions not to override the State. situation, it is efficient and effective to addressing these questions could result use the Secretary’s override of the 71 FR 787, 791 (Jan 5, 2006). These in a proposed rule that includes Exploration Plan as a precedent and numbers are still valid. The most recent numerous regulatory modifications that limit the Secretary’s review of an appeal Secretarial appeal of an OCS oil and gas could also apply to other types of of a state’s objection to an OCS oil and plan was in 1999. See NOAA’s CZMA federal actions and not just renewable or gas Development and Production Plan appeal spreadsheet for more information non-renewable energy projects. or Development Operations and NOAA is interested in the public and on CZMA appeals at https:// Coordination Document to information regulated community responses to the www.coast.noaa.gov/czm/consistency/ and issues not previously considered by following statements. media/appealslist.pdf (last visited the Secretary when deciding an appeal 1. What changes could be made to February 6, 2019). regarding the OCS Exploration Plan. NOAA’s federal consistency regulations 3. When an applicant seeks NOAA’s 2006 Final Rule. NOAA at 15 CFR part 930 that could streamline Secretarial review of a state CZMA revised its CZMA federal consistency federal consistency reviews and provide federal consistency objection, the CZMA regulations in 2006 to address concerns industry with greater predictability requires the Secretary to collect appeal raised by the energy industry, when making large investments in fees from the applicant. 16 U.S.C. particularly regarding OCS oil and gas, offshore renewable and non-renewable 1456(i). The fees include an in response to the 2001 Vice President’s energy development? ‘‘application fee of not less than $200 Energy Policy Report, and the Energy 2. NOAA is seeking comments on for minor appeals and not less than Policy Act of 2005. The 2006 revision whether and how NOAA could achieve $500 for major appeals, unless the was finalized after close coordination greater efficiency to process an appeal Secretary, upon consideration of an with the Department of the Interior, the in less time and increase predictability applicant’s request for a fee waiver, Department of Energy, and with in the outcome of an appeal—while determines that the applicant is unable substantial input by the energy industry continuing to meet the requirements to pay the fee.’’ 16 U.S.C. 1456(i)(1). and the coastal states. See NOAA’s final and purposes of the CZMA—by limiting Under NOAA’s regulations, an appeal rule published in the Federal Register, the Secretary of Commerce’s review of involving a project valued in excess of 71 FR 787 (Jan. 5, 2006), https:// an appeal of a state’s objection to an $1 million is considered major. 15 CFR www.coast.noaa.gov/czm/consistency/ OCS oil and gas Development and 930.125(c). media/finalrulefedregjan05_06.pdf (last Production Plan or Development In addition to the application fee, the visited February 6, 2019). NOAA’s 2006 Operations and Coordination Document, Secretary is also directed to collect such final rule removed uncertainties in to information that the Secretary of other fees as are necessary to recover the various time frames in the regulations, Commerce had not previously full costs of administering and provided an expedited and date-certain considered in an appeal of an OCS oil processing appeals of a state CZMA period for processing CZMA and gas Exploration Plan for the same federal consistency objection. 16 U.S.C. consistency appeals, and provided lease block. 1456(i)(2)(A) and 15 CFR 930.126. industry with greater transparency and In addition, NOAA requests any However, if the Secretary waives the predictability in the CZMA process. The comment on the types of new application fee for an applicant, the CZMA Secretarial appeals process information that may be produced at Secretary shall waive all other fees for deadlines were mandated by different stages of OCS oil and gas the applicant. 16 U.S.C. 1456(i)(2)(B). amendments to the CZMA by the Energy projects to provide an indication of Under the Regulatory Flexibility Act Policy Act of 2005, amending 16 U.S.C. what information may be relevant to (RFA), at a proposed rule stage NOAA 1465 (appeals to the Secretary) and subsequent appeals. For example, a state must determine whether the rule, if adding section 1466 (appeals relating to may object under the CZMA to an OCS adopted, would have a significant offshore mineral development). At that oil and gas Exploration Plan and the economic impact on a substantial time, NOAA evaluated the rulemaking applicant may then appeal the objection number of small entities. The term in the context of what changes could be to the Secretary of Commerce and the ‘‘small entity’’ includes small made without statutory amendments. Secretary could override the state’s businesses, small organizations, and

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small governmental jurisdictions. State how to regulate older powered Washington, DC 20210; telephone: (202) and federal agencies and private industrial trucks, the types of accidents 693–2350. (OSHA’s TTY number is landowners are not small entities under and injuries associated with operation (877) 889–5627.) Contact the OSHA the RFA. of powered industrial trucks, the costs Docket Office for information about NOAA has stated for past CZMA and benefits of retrofitting powered security procedures concerning delivery federal consistency rulemakings that the industrial trucks with safety features, of materials by express mail, hand federal consistency process and appeals and the costs and benefits of all other delivery, and messenger service. The to the Secretary do not have a components of a safety program, as well hours of operation for the OSHA Docket significant impact on small entities and as various other issues. OSHA is also Office are 10:00 a.m. to 3:00 p.m., ET. anticipates the same finding would be interested in understanding whether the Instructions: All submissions must reached for a proposed rule based upon differences between the standards for include the agency’s name, the title of this document. See e.g., 65 FR 20270, maritime, construction, and general this RFI (Powered Industrial Trucks), 20280–81 (Apr. 14, 2000). However, industry are appropriate and effective and the docket no. OSHA–2018–0008. NOAA invites comment on the potential for each specific industrial sector. OSHA will place comments and other costs that could be incurred by small OSHA will use the information received material, including any personal entities during CZMA consistency in response to this RFI to determine information, in the public docket appeals if NOAA revises the federal what action, if any, it may take to without revision, and these materials consistency regulations to provide reduce regulatory burdens while will be available online at http:// greater efficiency and predictability as maintaining worker safety. www.regulations.gov. Therefore, OSHA discussed in this document. DATES: Submit comments and additional cautions commenters about submitting Comments submitted to NOAA will material on or before June 10, 2019. All statements they do not want made help us determine whether to propose submissions must bear a postmark or available to the public and submitting changes to the CZMA federal provide other evidence of the comments that contain personal consistency regulations. Any proposed submission date. information (either about themselves or changes to the federal consistency ADDRESSES: Submit comments and others) such as Social Security numbers, regulations would be published in the additional materials, identified by birth dates, and medical data. Federal Register as a proposed rule Docket No. OSHA–2018–0008, by any of Docket: To read or download following compliance with the the following methods: submissions or other material in the Administrative Procedures Act (5 U.S.C. Electronically: Submit comments and docket, go to http://www.regulations.gov 553) and other relevant statutes and attachments electronically at http:// or the OSHA Docket Office at the above executive orders. www.regulations.gov, which is the address. The http://www.regulations.gov This regulatory action is significant Federal eRulemaking Portal. Follow the index lists all documents in the docket. for purposes of Executive Order 12866. instructions online for making However, some information (e.g., Dated: March 1, 2019. electronic submissions. copyrighted material) is not available Paul M. Scholz, Facsimile: OSHA allows facsimile publicly to read or download through Chief Financial Officer/Chief Administrative transmission of comments and the website. All submissions, including Officer, National Ocean Service, National additional material that are 10 pages or copyrighted material, are available for Oceanic and Atmospheric Administration. fewer in length (including attachments). inspection at the OSHA Docket Office. [FR Doc. 2019–04199 Filed 3–8–19; 8:45 am] Send these documents to the OSHA Contact the OSHA Docket Office for assistance in locating docket BILLING CODE P Docket Office at (202) 693–1648. OSHA does not require hard copies of these submissions. documents. Instead of transmitting FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF LABOR facsimile copies of attachments that Press inquiries: Frank Meilinger, supplement these documents (for Director, OSHA Office of Occupational Safety and Health example, studies, journal articles), Communications; telephone: (202) 693– Administration commenters must submit these 1999; email: [email protected]. attachments to the OSHA Docket Office, General and technical information: 29 CFR Parts 1910, 1915, 1917, 1918, Room N–3653, Occupational Safety and Lisa Long, Director, Office of and 1926 Health Administration, U.S. Department Engineering Safety, OSHA Directorate of [Docket No. OSHA–2018–0008] of Labor, 200 Constitution Avenue NW, Standards and Guidance; telephone: Washington, DC 20210. These (202) 693–2222; fax: (202) 693–1663; RIN 1218–AC99 attachments must identify clearly the email: [email protected]. commenter’s name, the date of SUPPLEMENTARY INFORMATION: Powered Industrial Trucks; Request for submission, the title of this RFI Copies of this Federal Register notice: information (Powered Industrial Trucks), and docket Electronic copies are available at http:// AGENCY: Occupational Safety and Health no. OSHA–2018–0008 so that the www.regulations.gov. This Federal Administration (OSHA), Labor. Docket Office can attach them to the Register notice, as well as news releases ACTION: Request for Information (RFI). appropriate document. and other relevant information, also are Regular mail, express mail, hand available at OSHA’s web page at http:// SUMMARY: OSHA requests information delivery, or messenger (courier) service: www.osha.gov. and comment on issues related to Submit comments and any additional References and Exhibits: Documents requirements in the standards on material (for example, studies, journal referenced by OSHA in this RFI, other powered industrial trucks for general, articles) to the OSHA Docket Office, than OSHA standards and Federal maritime, and construction industries. Docket No. OSHA–2018–0008 or RIN Register notices, are in Docket No. OSHA is seeking information regarding (1218–AC99), Room N–3653, OSHA–2018–0008 (powered industrial the types, age, and usage of powered Occupational Safety and Health trucks; request for information). The industrial trucks, maintenance and Administration, U.S. Department of docket is available at http:// retrofitting of powered industrial trucks, Labor, 200 Constitution Avenue NW, www.regulations.gov, the Federal

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eRulemaking Portal. For additional locations of use, maintenance, training, incorporate by reference the ANSI information on submitting items to, or and operations, among other B56.1–1969 user requirements in its accessing items in, the docket, please requirements. OSHA initially adopted powered industrial trucks standard, refer to the ADDRESSES section of this the powered industrial trucks standard OSHA did base some of the provisions RFI. While most exhibits are available at (29 CFR 1910.178) on May 29, 1971 (36 on this part of the ANSI standard. http://www.regulations.gov, some FR 10613), pursuant to section 6(a) of Throughout the years, ANSI/ITSDF has information (e.g., copyrighted material) the Occupational Safety and Health Act added other requirements to improve is not available to download from that of 1970 (OSH Act) (29 U.S.C. 651, 655),1 the safety of industrial truck operators web page. However, all materials in the based on the 1969 editions of the and other employees. Examples of docket are available for inspection at the American National Standards Institute’s additions to the user requirements in OSHA Docket Office. (ANSI) Safety Standard for Powered B56.1 include: Industrial Trucks, B56.1, and the • Table of Contents A requirement that operator National Fire Protection Association’s training programs cover hazards from I. Background (NFPA) standard for Type Designation, carbon monoxide production by internal A. Introduction Areas of Use, Maintenance and combustion engines and common initial B. Fatality and Injury Data Operation of Powered Industrial Trucks, symptoms of exposure. C. Regulatory History NFPA 505. Since the promulgation of • 1. General Industry A requirement that, prior to 2. Shipyards, Longshoring, and Marine OSHA’s powered industrial trucks working on engine fuel systems of Cargo Handling standard in 1971, these national liquefied petroleum (LP) gas-powered 3. Construction consensus standards have been updated trucks with engines that will not run, II. Request for Information, Data, and a number of times. The most recent users must close the LP tank and vent Comments edition of ANSI B56.1 was issued in fuel slowly in a non-hazardous area. A. General Issues 2018, in conjunction with the Industrial • A requirement for stopping 1. Types of Powered Industrial Trucks Truck Standards Development distances when descending grades. This 2. Truck Operation, Maintenance, and Foundation (ITSDF) (OSHA–2018– Training section states that when descending a 3. Incidents and Injuries 0008–0002). The most recent edition of grade, required stopping distances must 4. Consistency Among OSHA Standards NFPA 505 was issued in 2018 (OSHA– be greater and methods must be B. Consensus Standards 2018–0008–0003). OSHA has updated employed to allow for this condition. 1. American National Standards Institute the powered industrial trucks standards Such methods include: Reducing speed, 2. National Fire Protection Association only once, on December 1, 1998 (63 FR limiting loads, and allowing for 3. Other Standards 66270), to revise the requirements for adequate clear space at the bottom of the C. Compliance Issues operator training codified at grade. D. Economic Issues § 1910.178(l) and to include references • E. Other Comments/Suggestions/Concerns A requirement to consider noise to § 1910.178(l) in the standards for exposure of personnel in the work area. I. Background shipyards, marine terminals, • A requirement regarding relocation A. Introduction longshoring, and construction of powered industrial trucks. This (§§ 1910.16, 1915.120, 1917.1, 1918.1, section states that when using lifting OSHA is considering whether or not and 1926.602(d)).2 equipment such as elevators, cranes, to initiate rulemaking to revise the ANSI B56.1 defines the safety ship hoisting gear, to relocate a powered powered industrial trucks standards for requirements relating to the elements of industrial truck, the user shall ensure general, maritime, and construction design, operation, and maintenance of that the capacity of the hoisting industries (29 CFR 1910.178, 1915.120, powered industrial trucks. This national equipment being used is not exceeded. 1917.43, 1918.65, and 1926.602(c), (d)). consensus standard has two basic parts. The NFPA 505 standard contains fire These regulations, promulgated in 1971 The first part establishes manufacturer safety guidelines for powered industrial and updated in 1998, are intended to requirements to ensure hazards do not trucks including type designations, protect operators of these trucks and result from the design and construction areas of use, conversions, maintenance, their coworkers. In this RFI, OSHA is of powered industrial trucks at the time and operations. This standard is seeking public comments that will of manufacture. This includes a variety designed to mitigate potential fire and inform OSHA on potential updates to of test methods to determine load- explosion hazards involving powered the powered industrial trucks standards. handling capacity, which must also be industrial trucks, including fork trucks, The term ‘‘powered industrial truck’’ indicated through appropriate markings. tractors, platform lift trucks, motorized includes what are commonly termed When OSHA originally promulgated the hand trucks, and other specialized forklifts, but the term also includes all powered industrial trucks standard, the industrial trucks powered by electric fork trucks, tractors, platform lift trucks, agency incorporated by reference the motors or internal combustion engines. motorized hand trucks, and other design requirements section of ANSI When OSHA adopted the powered specialized industrial trucks powered B56.1–1969. industrial trucks standard in 1971, there by an electric motor or an internal The second part of B56.1 establishes were 11 designated types of trucks.3 combustion engine. The aim of this RFI guidelines for operators of industrial is to seek public comment on what trucks, including requirements for 3 These 11 designations represent the following aspects of the powered industrial trucks operator qualifications and training, truck types: D–Diesel-powered unit; DS-Diesel- standards are effective as well as those operator safety rules, and maintenance powered unit with additional safeguards to exhaust, that may be outdated, inefficient, practices. Although OSHA did not fuel and electrical systems; DY-Diesel-powered unit with safe guards of DS unit and do not have any unnecessary, or overly burdensome, and electrical equipment including the ignition system how those provisions might be repealed, 1 Section 6(a) directed OSHA, during the first two and have temperature limiting features; replaced, or modified while maintaining years after the OSH Act became effective, to E-Electrically powered unit; ES-Electrical powered or improving worker safety. promulgate as an occupational safety and health unit with additional safeguards to electrical systems standard any national consensus standard or any to prevent hazardous sparks and limit surface OSHA’s powered industrial trucks established Federal standard if such promulgation temperatures; EE-Electrical powered unit with standards contain requirements for would improve employee safety or health. safeguards of ES units and all electric motors and machine design and construction, 2 See Docket OSHA–S008–2006–0639. electrical equipment enclosed; EX-Electrical

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NFPA has since listed an additional trucks, as well as for the dual fuel and fatalities, 1,169 (89 percent), occurred in eight truck types: CGH, CN, CNS, DX, G/ converted trucks. NFPA’s most recent five industry sectors: Agriculture, CN, G/LP, GS/CNS, and GS/LPS.4 These type designation is a compressed forestry, fishing, and hunting (788); are not listed in OSHA’s standard. hydrogen-powered unit (CGH). manufacturing (126); construction (94); NFPA first added type designations These eight type-designated units— wholesale trade (83); and transportation G/LP and GS/LPS, which are both dual- CGH, CN, CNS, DX, G/CN, G/LP, GS/ and warehousing (78). Nearly all the fuel type trucks that operate on gasoline CNS, GS/LPS—have different fatalities, 1,316 (97 percent), occurred and/or liquefied petroleum gas. NFPA requirements for safe operation, during the use of powered forklifts, next added new truck type designation maintenance, and handling due to their order pickers, platform trucks, tractors, DX, which is a diesel-powered unit that fuel source, but they are generally the and power take-offs. is constructed to allow it to be used in same in design and function as the 11 atmospheres that contain specifically truck types currently listed in OSHA’s With respect to injury data, BLS named flammable vapors, dust, and standard. For instance, the chapter in reports that, for the three most recent fibers. NFPA added a new section on NFPA 505 for fuel handling and storage years with complete results from the compressed natural gas (CNG) that prohibits over-pressurizing fuel BLS surveillance system (2014–2016), included the addition of type cylinders and requires that pressure lost-workday injuries resulting from designations CN, CNS, G/CN, and GS/ relief devices be free of plugging and incidents associated with powered CNS, and made changes to the fuel maintained in good operating condition; industrial forklifts, trucks, and tractors handling and storage chapters for these these requirements are not reflected in ranged from 11,790 cases (2016) to OSHA’s current standard. 11,940 cases (2015) and averaged 11,857 powered unit that differs from E, ES and EE units OSHA requests information from the 5 that allows it to be used in certain atmospheres cases. Over 90 percent of cases during containing flammable vapors and dust; G-Gasoline public on the powered industrial trucks this three-year period involved powered powered unit; GS-Gasoline powered unit with standards to help the agency determine industrial material hauling and additional safeguards to exhaust, fuel and electrical how to best protect employees who use transport vehicles. The remainder systems; LP-Liquefied Petroleum powered unit; powered industrial trucks and eliminate LPS-Liquefied Petroleum powered unit with involved tractors and power take-offs. additional safeguards to exhaust, fuel and electrical unnecessary burdens. OSHA is seeking systems. public comments on whether and how OSHA’s data from the Severe Injury 4 These eight designations are: CGH-Compressed the powered industrial trucks standards Reports (SIRs) mirror that of BLS. The hydrogen-powered unit utilizing a fuel cell that has should be amended. SIRs recorded 1,238 incidents from minimum acceptable safeguards against inherent January 1, 2015, through February 28, fire and electrical shock hazards; CN-Compressed B. Fatality and Injury Data natural gas-powered unit that has minimum 2017, resulting in 1,123 hospitalizations acceptable safeguards against inherent fire hazards; Statistics show that, in some and 193 amputations. Approximately 97 CNS-Compressed natural gas-powered unit that, in instances, powered industrial trucks percent of the 1,238 incidents involved addition to meeting the requirements for Type CN units, is provided with additional safeguards to the cause worker fatalities and injuries. powered forklifts, order pickers, exhaust, fuel, and electric systems; DX-Diesel- Accordingly, OSHA is considering ways platform trucks, pallet jacks, airport powered unit in which the diesel engine and the to maintain or improve worker safety utility vehicles, and other powered electric fittings and equipment are designed, while modernizing its standards and constructed, and assembled in such a way that the industrial material hauling and unit can be used in atmospheres that contain reducing any overly-burdensome transport vehicles, not elsewhere specifically named flammable vapors, dusts, and, requirements. classified, while the remainder involved under certain conditions, fibers; G/CN-Gasoline or Data from the Bureau of Labor tractors and power take-offs.6 compressed natural gas unit that has minimum Statistics (BLS) (OSHA–2018–0008– acceptable safeguards against inherent fire hazards; BILLING CODE 4510–26–P G/LP-Gasoline or liquefied petroleum gas and has 0004) for the years 2011 through 2016 minimum acceptable safeguards against inherent indicate a total of 1,357 fatalities 5 US Dept. of Labor, Bureau of Labor Statistics, fire hazards; GS/CNS-Gasoline or compressed resulting from the use of powered Nonfatal cases involving days away from work: natural gas unit and, in addition to meeting all the Selected characteristics (2011 forward), 2011–2016, requirements for G/CN units, is provided with material hauling and transport https://www.bls.gov/iif/ (accessed January 23, additional safeguards to the exhaust, fuel, and industrial vehicles and tractors. As 2018). electric systems; GS/LPS-Gasoline or liquefied shown in Table 1, the annual number of 6 U.S. Dept. of Labor, Occupational Safety and petroleum gas unit and, in addition to meeting all fatalities ranged from 218 to 241, with the requirements for the G/LP units, is provided Health Administration, Severe Injury Reports, with additional safeguards to the exhaust, fuel, and an annual average of 226 fatalities. The https://www.osha.gov/severeinjury/index.html electric systems. data show that the majority of these (accessed January 18, 2018).

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BILLING CODE 4510–26–C OSH Act comprehensively covers most identical powered industrial truck C. Regulatory History private employers, the longshoring requirements on the construction standards also were applied to shoreside industry as applied to general industry. 1. General Industry cargo handling operations (i.e. marine On December 1, 1998, 29 CFR part As previously noted, in June 1971, terminal operations) at 29 CFR part 1926 was amended by adding a new OSHA adopted the powered industrial 1917. In addition, in accordance with 29 paragraph (d), which provides the same trucks standard, 29 CFR 1910.178, CFR 1910.5(c)(2), OSHA applied the powered industrial truck operator implementing several measures to general industry standards to shoreside training requirements for construction encourage worker safety. As part of that activities not covered by the older work as adopted at 29 CFR 1910.178(l) rulemaking, and under section 6(a) of longshoring rules. Under section for general industry. the Act, OSHA codified ANSI B56.1– 1910.5(c)(2), a general industry standard II. Request for Information, Data, and 1969, Safety Standard for Powered covering a hazardous condition applies Industrial Trucks, including the to shoreside activities not covered by a Comments provisions covering operator training. specific standard addressing that OSHA is seeking information, data, On December 1, 1998 (63 FR 66270), hazard. Shipyards are covered by the and comments (information), including after notice and comment rulemaking, general industry standard. information on anticipated costs, cost OSHA published a final rule updating On July 5, 1983 (48 FR 30886), OSHA savings, and benefits related to the the provisions covering powered published the final standard for marine questions below, that will inform the industrial truck operator training, which terminals (29 CFR part 1917). This rule agency’s analysis of technological and was codified at 29 CFR 1910.178(l). was intended to further address the economic feasibility and will help These provisions mandate a training shoreside segment of marine cargo determine what action, if any, should be program that bases the amount and type handling (29 CFR 1917.27). The marine taken to repeal, replace or modify of training required on the operator’s terminals standard includes outdated, unnecessary or overly prior knowledge and skill; the types of requirements for powered industrial burdensome aspects of the powered powered industrial trucks the operator trucks at 29 CFR 1917.43. industrial trucks standard while will operate in the workplace; the On July 25, 1997, OSHA published a maintaining or improving worker safety. hazards present in the workplace; and final rule revising the marine terminals OSHA is providing the following the operator’s demonstrated ability to standard (29 CFR part 1917) and the questions to facilitate responses to this operate a powered industrial truck longshoring standard (29 CFR part RFI, but commenters may supply other safely. Refresher training is required if 1918), and improving the training information pertaining to the RFI not the operator is involved in an accident requirements for powered industrial explicitly solicited by the questions. or a near-miss incident; the operator has truck operators in the marine cargo When responding, please reference the been observed operating the vehicle in handling industries (62 FR 40142). specific question number that you are an unsafe manner; the operator has been Then, on December 1, 1998 (63 FR responding to, provide a detailed determined during an evaluation to 66238), OSHA adopted a final rule for response, explain the reasons behind need additional training; there are shipyard employment (29 CFR your views, and, if possible, identify, changes in the workplace that could 1915.120), Powered Industrial Truck and provide relevant information on affect safe operation of the truck; or the Operator Training, which set forth which you rely, including, but not operator is assigned to operate a training requirements applicable to limited to, data, studies, and articles. different type of truck. Evaluations of shipyard employment identical to the Throughout this RFI, OSHA requests each operator’s performance are requirements in the general industry economic data on issues such as current required as part of the initial and powered industrial truck training practices and compliance resource refresher training and each operator’s standard at 29 CFR 1910.178(l). expenditures. In your response, please performance must be evaluated at least 3. Construction provide details on your establishment once every three years. These training including number of employees and In 1971, under section 6(a) of the OSH requirements apply to all industries categories of employee occupations; Act, the Secretary of Labor adopted the (general industry, construction, industry identification (by North existing Federal standards that had been shipyards, marine terminals, and American Industrial Classification issued under the Contract Work Hours longshoring operations) that use System 6-digit code if available); and and Safety Standards Act as OSHA powered industrial trucks, except the primary types of goods or services construction standards (36 FR 7340, agricultural operations. produced by your company. This April 17, 1971). The provisions Since the 1998 final rule on powered information will help OSHA develop a pertaining to powered industrial trucks industrial truck operator training, OSHA more accurate analysis of the impacts of used in construction are contained at 29 has not revised the general industry any potential rule. OSHA will carefully CFR 1926.602(c). Paragraph powered industrial truck requirements review and evaluate the information, 1926.602(c)(1)(vi) states: or updated references to the national data, and comments received in industry consensus standard (B56.1) to All industrial trucks in use shall meet the response to this Federal Register notice include newer versions of that standard. applicable requirements of design, to decide on an appropriate course of construction, stability, inspection, testing, 2. Shipyards, Longshoring, and Marine maintenance, and operation, as defined in action. Cargo Handling American National Standards Institute A. General Issues In 1974, pursuant to Section 41 of the B56.1–1969, Safety Standards for Powered Longshore and Harbor Workers’ Industrial Trucks. 1. Types of Powered Industrial Trucks Compensation Act, the Secretary issued Thus, by incorporating by reference OSHA’s current powered industrial the existing shipyards and longshoring the same 1969 ANSI standard that was trucks standards list 11 different types regulations (39 FR 22074, June 19, the source document for the general of powered industrial trucks, while 1974). These regulations appear at 29 industry standard at 29 CFR 1910.178, NFPA 505–2018 lists 19 different types CFR part 1915 for shipyards and 29 CFR the powered industrial truck of powered industrial trucks (the ANSI part 1918 for longshoring. Because the construction standard imposes the B56.1 standard does not list types of

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powered industrial trucks). OSHA is identified in NFPA 505–2018 but not in (g) Please share the aspects of the considering adding these eight new OSHA’s current standard? program in your workplace that you truck types to modernize its standard (d) In the Supporting Statement for recommend OSHA consider and and improve worker safety. The eight the 2017 Information Collection Request provide any data to support its new truck types not currently listed in of the standard on powered industrial effectiveness. OSHA’s powered industrial trucks trucks (29 CFR 1910.178) (Office of (h) Are you using any powered standards are: Management and Budget (OMB) Control industrial truck aftermarket equipment, • CGH: Compressed hydrogen- No. 1218–0242 (September 2017)), such as a back-up camera or perimeter powered unit utilizing a fuel cell that OSHA estimated that 1.8 million sensor alarm? Is such equipment has minimum acceptable safeguards workers operate 1.2 million trucks effective in reducing accidents? against inherent fire and electrical shock within all affected establishments in hazards. construction, general industry, (i) What number or percentage of • CN: Compressed natural gas- longshoring, marine terminals, and powered industrial trucks in use have powered unit that has minimum shipyards.7 Do these estimates rollover protection or enclosures? acceptable safeguards against inherent accurately reflect the current number of (j) Can powered industrial trucks fire hazards. workers and trucks affected by the without rollover protection be • CNS: Compressed natural gas- standard on powered industrial trucks retrofitted? If so, how, and what is your powered unit that, in addition to in general industry (29 CFR 1910.178)? estimate of that cost? meeting the requirements for Type CN If not, should the number of workers units, is provided with additional (k) How often do you inspect your and trucks be adjusted up or down and powered industrial trucks? Please safeguards to the exhaust, fuel, and by how much? electric systems; describe your inspection procedures • DX: Diesel-powered unit in which 2. Truck Operations, Maintenance, and and provide any checklists that are the diesel engine and the electric fittings Training used. and equipment are designed, (a) Do you perform training in-house 3. Incidents and Injuries constructed, and assembled in such a or contract out to specialists? way that the unit can be used in (b) If you provide training in-house, (a) What are the most common types atmospheres that contain specifically do you purchase training modules or of workplace incidents and injuries named flammable vapors, dusts, and, develop your own? involving powered industrial trucks that under certain conditions, fibers. (c) Who actually provides the training have occurred in your facility or • G/CN: Gasoline or compressed (e.g., supervisor, safety and health industry (e.g., rollovers, struck by, natural gas unit that has minimum specialist)? falling off docks)? acceptable safeguards against inherent (d) Is your current training limited to (b) What are the most common causes fire hazards. • truck operations and maintenance or do of hazardous incidents involving G/LP: Gasoline or liquefied you manage a broad occupational safety petroleum gas unit that has minimum powered industrial trucks (please and health training program that specify those factors)? Please provide acceptable safeguards against inherent includes training on trucks? For all of fire hazards; case reports, redacted data, or • your workplace safety and health aggregated data, and information GS/CNS: Gasoline or compressed training programs, please provide natural gas unit and, in addition to quantifying and describing such details on length, frequency, scope, and incidents. meeting all the requirements for G/CN types of technical resources deployed units, is provided with additional (e.g., DVDs, online courses, hands-on (c) Which activities involving safeguards to the exhaust, fuel, and training, computer simulation or powered industrial trucks result in the electric systems. robotics). most incidents (e.g., loading, unloading, • GS/LPS: Gasoline or liquefied (e) Are OSHA’s current training traveling, backing up)? petroleum gas unit and, in addition to requirements adequate or excessive? If (d) Do more incidents occur with meeting all the requirements for the G/ not adequate, what modifications or older equipment? If so, please provide LP units, is provided with additional additional requirements should OSHA detailed information on why the older safeguards to the exhaust, fuel, and consider? If excessive, what equipment is more hazardous. electric systems. (a) Please provide OSHA with data on requirements are unnecessary or overly (e) Do incidents vary by type of characteristics such as usage, burdensome? industrial truck, and if so, how? specifications, capacity, function, ages, (f) Does your workplace have a 4. Consistency Among OSHA Standards and lifespans of trucks in your fleet for training program that you think is more the 19 truck types listed in the NFPA effective than that required by the OSHA standard? (a) If OSHA determines that it is standard. Please include information on necessary to revise the general industry the number of each type of truck you standard, how should the agency use, the number of employees assigned 7 Docket Exhibit OSHA–2011–0062–0009, Document ID 0009, p. 5, https:// consider revising the maritime and to operate these trucks, and for what www.regulations.gov/document?D=OSHA-2011- construction powered industrial trucks activities each type of truck is used. 0062-0009. As reported in that document (2017 ICR standards? (b) In addition to these 19 truck types, supporting statement), ‘‘In 1998, OSHA published should OSHA consider including any a final rule in which it revised the operator training (b) Should OSHA’s maritime and other types of powered industrial trucks requirements specified by paragraph (l) of the construction standards be identical or, Standard (see 63 FR 66238). As part of this at least, substantially similar to the in a future OSHA standard? What would rulemaking, the agency performed a Final Economic be the basis for inclusions, given that Analysis (FEA) (see 63 FR 66262). Using data from general industry standard? those types are not currently in NFPA the FEA for the burden hour and cost estimates (c) Are there differences specific to described below, OSHA finds that the Standard 505–2018? applies to employers using an estimated 1,210,679 the maritime and construction (c) How commonly used are the eight powered industrial trucks operated by about industries that should be addressed powered industrial truck types 1,816,018 workers.’’ through different requirements?

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B. Consensus Standards OSHA consider grandfathering in trucks, at what cost of compliance powered industrial trucks manufactured expense would it be more cost effective 1. American National Standards before a certain date and, if so, what simply to replace older trucks with Institute date would that be? Please provide your newer ones? As previously stated, OSHA’s reasoning for that date. (e) If OSHA incorporated the standards addressing powered (c) Would it be appropriate for requirements of NFPA 505–2018 into its industrial trucks reference ANSI B56.1, grandfathering dates to vary for different standards and applied it to older developed in 1969. However, this types of truck? powered industrial trucks, would consensus standard has been updated (d) If OSHA decides to consider employers retrofit or augment their several times since then with the latest grandfathering older equipment, is there older trucks, or replace them with version published in 2018 (ANSI/ITSDF a future date OSHA should set beyond already-compliant trucks? B56.1a). which the ‘‘grandfathered’’ clause (or (f) Are there particular impacts on (a) Do the requirements in the 2018 safe harbor) should not apply? small entities from a revision to the edition of ANSI/ITSDF B56.1a (e) How many older powered powered industrial trucks standards that adequately protect workers operating industrial trucks are you using? What references current consensus standards, powered industrial trucks? type of trucks are these and what do you including ANSI/ITSDF B56.1a––2018? (b) What requirements, if any, are use them for? (g) Would small entities face missing from this ANSI standard that (f) How many powered industrial economic or technological feasibility would ensure safety for employees trucks do you use that do not have seat challenges to comply with revised during powered industrial truck belts? standards that reference current operations? (g) Can any of these trucks be consensus standards? (c) Does compliance with ANSI/ retrofitted with seat belts? If so, how, (h) Do you identify as a small entity ITSDF B56.1a-2018 address most and what is your estimate of that cost? in your industry? If so, what is the basis hazards commonly encountered with (h) What is the average life span of a for that identification (for example, powered industrial trucks and is it powered industrial truck? reliance on Small Business Administration size standards)? If you better or preferable than the existing D. Economic Issues OSHA regulation? Please explain. are uncertain as to your qualifications as (d) Are there any hazards not (a) Please describe in detail any a small entity, please provide details on addressed by ANSI/ITSDF B56.1a– provision of the current standard that your establishment size in terms of 2018? you believe is outdated, unnecessary, or number of employees and categories of (e) Are there any requirements in ineffective; or imposes costs that exceed employee occupations; industry ANSI/ITSDF B56.1a–2018 that reduce benefits. Please provide information identification (by North American worker safety? supporting your view, including data, Industrial Classification System 6-digit studies, and articles. code, if available); and the primary 2. National Fire Protection Association (b) To what extent do employers types of goods or services produced by The National Fire Protection already comply with the current ANSI your company. Association standard (NFPA 505–2018) consensus standard (ANSI/ITSDF (i) Please describe in detail the is the fire safety standard for powered B56.1a–2018)? Are there situations technical or financial concerns that industrial trucks and covers truck types, where equipment could be easily employers encounter when designations, areas of use, maintenance, retrofitted to meet the requirements implementing or planning the and operation of powered industrial contained in the revised consensus implementation of safety programs for trucks. standard ANSI/ITSDF B56.1a–2018? powered industrial trucks. (a) Does compliance with the NFPA Please include information on the type (l) OSHA requests comments, standard ensure that workers are of vehicle and modifications necessary, particularly from small entities, on protected from hazards associated with including how much time is required to current practices with respect to safe the operation of powered industrial perform the retrofitting, the type of handling and operation of powered trucks, or are there additional worker who could do the retrofitting, industrial trucks. Please identify the procedures OSHA should consider? and the cost of equipment needed for practices that are critical to safe (b) Are employers currently in the vehicle modification or the cost to handling and operation of powered compliance with this consensus contract out the work. industrial trucks (i.e., those practices standard? If not, what provisions are (c) What are the baseline practices in whose absence would significantly employers not following? Why? your industry with respect to complying compromise the safety of employees). with the provisions of consensus Please discuss the role of employee 3. Other Standards standards relating to training, operation, training in your safety programs Are there other standards OSHA maintenance, or work practices? involving powered industrial trucks and should consider or use if the agency (d) Is there older equipment that the perceived benefits of employee determines it is necessary to revise its cannot be updated without significant training. Where possible, please powered industrial trucks standards? cost, and what factors would contribute estimate the cost per employee for any to the costs of retrofitting or augmenting component of your safety programs C. Compliance Issues older equipment to achieve compliance involving powered industrial trucks. (a) If OSHA decides to revise the with ANSI/ITSDF B56.1a-2018? Please standards based on the most recent specify the types of costs (i.e., labor, E. Other Comments/Suggestions/ ANSI and NFPA standards, what materials, equipment, and consultant Concerns requirements, if any, in ANSI/ITSDF fees) that affected employers would OSHA invites interested persons— B56.1a–2018 and NFPA 505–2018 incur to comply with ANSI/ITSDF including employers, trade associations, would make it difficult or impossible for B56.1a–2018 and the costs per unit (e.g., workers, worker organizations, and older equipment to be in compliance? worker, machinery, energy). If a new public health and safety organizations— (b) If OSHA revises the standards on OSHA standard required changes that to submit information, comments, data, powered industrial trucks, should applied to older powered industrial studies, and other materials on the

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issues and questions in this RFI. In ADDRESSES: You may submit comments Below we summarize our analyses particular, OSHA invites comment on identified by docket number USCG– based on a number of these statutes and specific issues and requests information 2018–1098 using the Federal e- Executive Orders, and we discuss First and data about practices at affected Rulemaking Portal at http:// Amendment rights of protestors. establishments in general industry, www.regulations.gov. Type the docket A. Regulatory Planning and Review construction, shipyard employment, number (USCG–2018–1098) in the and marine cargo handling. When ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Executive Orders 12866 and 13563 submitting comments in response to See the ‘‘Public Participation and direct agencies to assess the costs and questions or issues raised or revisions Request for Comments’’ portion of the benefits of available regulatory that OSHA is considering, OSHA SUPPLEMENTARY INFORMATION section for alternatives and, if regulation is requests that you explain your rationale further instructions on submitting necessary, to select regulatory and, if possible, provide data and comments. approaches that maximize net benefits. Executive Order 13771 directs agencies information to support your comments FOR FURTHER INFORMATION CONTACT: If and recommendations. to control regulatory costs through a you have questions on this rule, call or budgeting process. This NPRM has not Authority and Signature email MST2 Blackledge, Waterways been designated a ‘‘significant Management, Coast Guard Sector Sault regulatory action,’’ under Executive Loren Sweatt, Acting Assistant Sainte Marie, U.S. Coast Guard; Secretary of Labor for Occupational Order 12866. Accordingly, the NPRM telephone 906–253–2443, email has not been reviewed by the Office of Safety and Health, authorized the [email protected]. preparation of this notice pursuant to 29 Management and Budget (OMB), and SUPPLEMENTARY INFORMATION: U.S.C. 653,655, and 657, Secretary’s pursuant to OMB guidance it is exempt Order 1–2012 (77 FR 3912; Jan. 25, I. Table of Abbreviations from the requirements of Executive 2012), and 29 CFR part 1911. Order 13771. CFR Code of Federal Regulations This regulatory action determination Signed at Washington, DC, on March 5, COTP Captain of the Port is based on the size, location, duration, 2019. DHS Department of Homeland Security and time-of-day for the Special Local Loren Sweatt, FR Federal Register NPRM Notice of proposed rulemaking Regulation. Vessel traffic will be able to Acting Assistant Secretary of Labor for safely transit through the regulated area Occupational Safety and Health. § Section U.S.C. United States Code which will impact a small designated [FR Doc. 2019–04338 Filed 3–8–19; 8:45 am] area within the COTP zone for a short BILLING CODE 4510–26–P II. Background, Purpose, and Legal duration of time. Moreover, the Coast Basis Guard will issue Broadcast Notice to The Annual Boyne Thunder Poker Mariners via VHF–FM marine channel DEPARTMENT OF HOMELAND Run is a charity marine event occurring 16 about the special local area. SECURITY in the month of July with a route that B. Impact on Small Entities runs from Boyne City out to Lake Coast Guard Michigan and back to Boyne City. This The Regulatory Flexibility Act of event, occurring annually for the past 15 1980, 5 U.S.C. 601–612, as amended, 33 CFR Part 100 years, includes approximately 100 requires Federal agencies to consider participants in offshore type power the potential impact of regulations on [Docket Number USCG–2018–1098] vessels. Round Lake and Pine River small entities during rulemaking. The RIN 100–AA08 Channel are small restricted waterways term ‘‘small entities’’ comprises small that normally have a variety of businesses, not-for-profit organizations Special Local Regulations; Annual recreational users and a commercial that are independently owned and Boyne Thunder Poker Run; Charlevoix, ferry that provides service to Beaver operated and are not dominant in their MI Island. This mix of vessels in close fields, and governmental jurisdictions proximity to the event warrants with populations of less than 50,000. AGENCY: Coast Guard, DHS. additional safety measures. The Coast Guard certifies under 5 U.S.C. ACTION: Notification of proposed The legal basis for this proposed 605(b) that this rule will not have a rulemaking. rulemaking is found at 33 U.S.C. 1233; significant economic impact on a 33 CFR 1.05–1; Department of substantial number of small entities. SUMMARY: The Coast Guard proposes to Homeland Security Delegation No. While some owners or operators of add a special local regulation to increase 0170.1. vessels intending to transit the regulated safety in the navigable waters of Round area may be small entities, for the Lake and Pine River Channel, III. Discussion of Proposed Rule reasons stated in section V.A. above, Charlevoix, MI during the annual Boyne The Captain of the Port Sault Sainte this rule will not have a significant Thunder Poker Run. The proposal will Marie (COTP) has determined that economic impact on any vessel owner allow the Coast Guard Patrol adding the Annual Boyne City Poker or operator. Commander to control vessel traffic Run to the list of Special Local If you think that your business, during the event in this small and Regulations in the navigable waters of organization, or governmental restricted waterway. The proposed Round Lake and Pine River Channel in jurisdiction qualifies as a small entity regulation will be enforced during the Charlevoix, MI is the most practical way and that this rule would have a day of the event. The date and time will to ensure the safety of the boating significant economic impact on it, be announced via a Notice of public. please submit a comment (see Enforcement. We invite your comments ADDRESSES) explaining why you think it on this proposed rulemaking. V. Regulatory Analyses qualifies and how and to what degree DATES: Comments and related material We developed this proposed rule after this rule would economically affect it. must be received by the Coast Guard on considering numerous statutes and Under section 213(a) of the Small or before May 10, 2019. Executive Orders related to rulemaking. Business Regulatory Enforcement

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Fairness Act of 1996 (Pub. L. 104–121), F. Environment without change to http:// we want to assist small entities in We have analyzed this proposed rule www.regulations.gov and will include understanding this rule. If the rule under Department of Homeland any personal information you have would affect your small business, Security Management Directive 023–01 provided. For more about privacy and organization, or governmental and Commandant Instruction the docket, visit http:// jurisdiction and you have questions M16475.lD, which guide the Coast www.regulations.gov/privacynotice. concerning its provisions or options for Guard in complying with the National Documents mentioned in this NPRM compliance, please contact the person Environmental Policy Act of 1969 (42 as being available in the docket, and all listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a public comments, will be in our online CONTACT section. The Coast Guard will preliminary determination that this docket at http://www.regulations.gov not retaliate against small entities that action is one of a category of actions that and can be viewed by following that question or complain about this rule or do not individually or cumulatively website’s instructions. Additionally, if any policy or action of the Coast Guard. have a significant effect on the human you go to the online docket and sign up C. Collection of Information environment. This proposed rule for email alerts, you will be notified prohibits vessels from entering, when comments are posted or a final This rule will not call for a new transiting through, or anchoring within rule is published. collection of information under the the regulated area without the Paperwork Reduction Act of 1995 (44 permission of the Coast Guard Patrol List of Subjects in 33 CFR Part 100 U.S.C. 3501–3520). Commander. Normally such actions are categorically excluded from further Harbors, Marine safety, Navigation D. Federalism and Indian Tribal review under paragraph L61 of (water), Reporting and recordkeeping Governments Appendix A, Table 1 of DHS Instruction requirements, Security measures, Manual 023–01–001–01, Rev. 01. A Waterways. A rule has implications for federalism preliminary Record of Environmental under Executive Order 13132, For the reasons discussed in the Consideration supporting this preamble, the Coast Guard proposes to Federalism, if it has a substantial direct determination is available in the docket effect on the States, on the relationship amend 33 CFR part 100 as follows: where indicated under ADDRESSES. We between the national government and seek any comments or information that ■ 1. The authority citation for part 100 the States, or on the distribution of may lead to the discovery of a continues to read as follows: power and responsibilities among the significant environmental impact from Authority: 33 U.S.C. 1233; 33 CFR 1.05– various levels of government. We have this rule. analyzed this proposed rule under that 1. Order and have determined that it is G. Protest Activities ■ 2. Add § 100.929 to read as follows: consistent with the fundamental The Coast Guard respects the First § 100.929 Special Local Regulations; federalism principles and preemption Amendment rights of protesters. Annual Boyne Thunder Poker Run; requirements described in Executive Protesters are asked to contact the Charlevoix, MI. Order 13132. person listed in the FOR FURTHER (a) Regulated area. These Special Also, this proposed rule does not have INFORMATION CONTACT section to Local Regulations apply to all U.S. tribal implications under Executive coordinate protest activities so that your navigable waters of Round Lake and Order 13175, Consultation and message can be received without Pine River Channel, Charlevoix, MI, Coordination with Indian Tribal jeopardizing the safety or security of Governments, because it would not have people, places or vessels. within an area bordered by a line at the a substantial direct effect on one or entrance of the Pine River Channel V. Public Participation and Request for charted in position 45°19′15″ N, more Indian tribes, on the relationship Comments ° ′ ″ ° ′ ″ ° ′ ″ between the Federal Government and 085 15 55 W to 45 19 13 N, 085 15 55 We view public participation as Indian tribes, or on the distribution of W to the southeast end of Round Lake essential to effective rulemaking, and ° ′ ″ power and responsibilities between the charted in position 45 18 57 N, will consider all comments and material ° ′ ″ ° ′ ″ ° ′ ″ Federal Government and Indian tribes. 085 14 49 W to 45 18 56 N, 085 14 50 received during the comment period. If you believe this rule has implications W. Your comment can help shape the for federalism or Indian tribes, please (b) Special Local Regulation. The outcome of this rulemaking. If you FOR regulations of § 100.901 apply. No contact the person listed in the submit a comment, please include the FURTHER INFORMATION CONTACT vessel may enter, transit through, or section. docket number for this rulemaking, anchor within the regulated area E. Unfunded Mandates Reform Act indicate the specific section of this document to which each comment without the permission of the Coast The Unfunded Mandates Reform Act applies, and provide a reason for each Guard Patrol Commander. of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. (c) Enforcement Period. The Coast Federal agencies to assess the effects of We encourage you to submit Guard will issue a Notice of their discretionary regulatory actions. In comments through the Federal e- Enforcement with the exact time and particular, the Act addresses actions Rulemaking Portal at http:// date in July that this regulated area will that may result in the expenditure by a www.regulations.gov. If your material be enforced. State, local, or tribal government, in the cannot be submitted using http:// Dated: March 5, 2019. aggregate, or by the private sector of www.regulations.gov, contact the person $100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION P.S. Nelson, more in any one year. Though this CONTACT section of this document for Captain, U.S. Coast Guard, Captain of the proposed rule will not result in such an alternate instructions. Port Sault Sainte Marie. expenditure, we do discuss the effects of We accept anonymous comments. All [FR Doc. 2019–04281 Filed 3–8–19; 8:45 am] this rule elsewhere in this preamble. comments received will be posted BILLING CODE 9110–04–P

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ENVIRONMENTAL PROTECTION EPA public comment policy, submissions must meet the various AGENCY information about CBI or multimedia requirements of CAA section 110(a)(2), submissions, and general guidance on as applicable. Due to ambiguity in some 40 CFR Part 52 making effective comments, please visit of the language of CAA section [EPA–R04–OAR–2018–0759 FRL–9990–67– http://www2.epa.gov/dockets/ 110(a)(2), EPA believes that it is Region 4] commenting-epa-dockets. appropriate to interpret these provisions FOR FURTHER INFORMATION CONTACT: in the specific context of acting on Air Plan Approval; Tennessee; Evan Adams of the Air Regulatory infrastructure SIP submissions. EPA has Interstate Transport (Prongs 1 and 2) Management Section, Air Planning and previously provided comprehensive for the 2010 1-Hour NO2 Standard Implementation Branch, Air, Pesticides guidance on the application of these provisions through a guidance AGENCY: and Toxics Management Division, U.S. Environmental Protection document for infrastructure SIP Agency (EPA). Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, submissions and through regional ACTION: Proposed rule. 3 Georgia 30303–8960. Mr. Adams can be actions on infrastructure submissions. SUMMARY: The Environmental Protection reached by phone at (404) 562–9009 or Unless otherwise noted below, EPA is Agency (EPA) is proposing to approve a via electronic mail at adams.evan@ following that existing approach in State Implementation Plan (SIP) epa.gov. acting on this submission. In addition, in the context of acting on such revision submitted by the State of SUPPLEMENTARY INFORMATION: Tennessee, through the Tennessee infrastructure submissions, EPA Department of Environment & I. Background evaluates the submitting state’s SIP for Conservation (TDEC), through a letter On January 22, 2010, EPA established compliance with statutory and dated May 14, 2018, for the purpose of regulatory requirements, not for the a new 1-hour primary NAAQS for NO2 4 addressing the Clean Air Act (CAA or at a level of 100 parts per billion (ppb), state’s implementation of its SIP. EPA has other authority to address any issues Act) ‘‘good neighbor’’ interstate based on a 3-year average of the 98th concerning a state’s implementation of transport (prongs 1 and 2) infrastructure percentile of the yearly distribution of 1- the rules, regulations, consent orders, SIP requirements for the 2010 1-hour hour daily maximum etc. that comprise its SIP. Nitrogen Dioxide (NO2) National concentrations.1 See 75 FR 6474 Ambient Air Quality Standard Section 110(a)(2)(D) has two (February 9, 2010). This NAAQS is components: 110(a)(2)(D)(i) and (NAAQS). The CAA requires that each designed to protect against exposure to state adopt and submit a SIP for the 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) the entire group of nitrogen oxides includes four distinct components, implementation, maintenance, and (NOX). NO2 is the component of greatest enforcement of each NAAQS commonly referred to as ‘‘prongs,’’ that concern and is used as the indicator for must be addressed in infrastructure promulgated by EPA, commonly the larger group of NOX. Emissions that referred to as an ‘‘infrastructure SIP.’’ SIPs. The first two prongs, which are lead to the formation of NO2 generally codified in section 110(a)(2)(D)(i)(I), are Specifically, EPA is proposing to also lead to the formation of other NOX. approve Tennessee’s May 14, 2018, SIP provisions that prohibit any source or Therefore, control measures that reduce other type of emissions activity in one revision addressing prongs 1 and 2 to NO2 can generally be expected to reduce ensure that air emissions in the State do state from contributing significantly to population exposures to all gaseous nonattainment of the NAAQS in another not significantly contribute to NOX which may have the co-benefit of nonattainment or interfere with state (prong 1) and from interfering with reducing the formation of ozone and maintenance of the NAAQS in another maintenance of the 2010 1-hour NO2 fine particles both of which pose NAAQS in any other state. state (prong 2). EPA sometimes refers to significant public health threats. For the prong 1 and prong 2 conjointly as DATES: Comments must be received on comprehensive information on the 2010 the ‘‘good neighbor’’ provision of the or before April 10, 2019. 1-hour NO2 NAAQS, please refer to the CAA. The third and fourth prongs, ADDRESSES: Submit your comments, February 9, 2010 Federal Register which are codified in section identified by Docket ID No. EPA–R04– notice. See 75 FR 6474. 110(a)(2)(D)(i)(II), are provisions that OAR–2018–0759 at http:// Whenever EPA promulgates a new or prohibit emissions activity in one state www.regulations.gov. Follow the online revised NAAQS, CAA section 110(a)(1) from interfering with measures required instructions for submitting comments. requires states to make SIP submissions to prevent significant deterioration of air Once submitted, comments cannot be to provide for the implementation, quality in another state (prong 3) and edited or removed from Regulations.gov. maintenance, and enforcement of the 2 from interfering with measures to EPA may publish any comment received NAAQS. This particular type of SIP protect visibility in another state (prong to its public docket. Do not submit submission is commonly referred to as electronically any information you an ‘‘infrastructure SIP.’’ These 3 EPA explains and elaborates on these consider to be Confidential Business ambiguities and its approach to address them in its Information (CBI) or other information 1 Subsequently, after careful consideration of the September 13, 2013 Infrastructure SIP Guidance whose disclosure is restricted by statute. scientific evidence and information available, on (available at https://www3.epa.gov/airquality/ April 18, 2018, EPA published a final action to urbanair/sipstatus/docs/Guidance_on_ Multimedia submissions (audio, video, retain the current NO2 standard at the 2010 level Infrastructure_SIP_Elements_Multipollutant_ etc.) must be accompanied by a written of 100 ppb. This action was taken after review of FINAL_Sept_2013.pdf), as well as in numerous comment. The written comment is the full body of available scientific evidence and agency actions, including EPA’s prior action on considered the official comment and information, giving particular weight to the Tennessee’s infrastructure SIP to address other assessment of the evidence in the 2016 NOX 110(a)(2) elements for the PM2.5 NAAQS entitled should include discussion of all points Integrated Science Assessment; analyses and ‘‘Air Quality Plans; Tennessee; Infrastructure you wish to make. EPA will generally considerations in the Policy Assessment; the advice Requirements for the 2012 PM2.5 National Ambient not consider comments or comment and recommendations of the Clean Air Scientific Air Quality Standard;’’ in the section ‘‘What is contents located outside of the primary Advisory Committee; and public comments. See 83 EPA’s approach to the review of infrastructure SIP FR 17226 (April 18, 2018). submissions?’’ See 82 FR 2295 at 2296–2299 submission (i.e., on the web, cloud, or 2 States were required to submit infrastructure (January 9, 2017). 4 other file sharing system). For SIPs for the 2010 1-hour NO2 NAAQS to EPA no See Montana Environmental Information Center additional submission methods, the full later than January 22, 2013. v. Thomas, 902 F.3d 971 (9th Cir. 2018).

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4). Section 110(a)(2)(D)(ii) requires SIPs with maintenance of the 2010 1-hour recorded the highest monitored 98th to include provisions ensuring NO2 NAAQS. All other applicable percentile concentration value in the compliance with sections 115 and 126 infrastructure SIP requirements for neighboring states (61.1 ppb in 2016). of the Act, relating to interstate and Tennessee for the 2010 1-hour NO2 Third, total NOX emissions data international pollution abatement. NAAQS have been addressed in provided by the State shows that NOX EPA’s most recent infrastructure SIP separate rulemakings. See 80 FR 14019 emissions in Tennessee decreased from guidance, the September 13, 2013, (March 18, 2015) and 82 FR 27428 (June 430,384 tons in 2008 to 271,383 tons in ‘‘Guidance on Infrastructure State 15, 2017). 2014, a reduction of approximately 37 Implementation Plan (SIP) Elements percent.9 The area, nonroad, onroad, under Clean Air Act Sections 110(a)(1) II. What is EPA’s analysis of how and point sources are all considered in and 110(a)(2),’’ did not explicitly Tennessee addressed prongs 1 and 2? the total emissions data provided by the include criteria for how the Agency In Tennessee’s May 14, 2018, SIP State. Onroad vehicles continue to be would evaluate infrastructure SIP revision, the State concluded that its SIP the largest emitters of NOX in submissions intended to address section adequately addresses prongs 1 and 2 Tennessee, emitting 131,422 tons 5 110(a)(2)(D)(i)(I). With respect to with respect to the 2010 1-hour NO2 according to the 2014 data. Despite certain pollutants, such as ozone and NAAQS. Tennessee provides the onroad mobile sources being the particulate matter (PM), EPA has following reasons for its determination: primary contributors to NOX emissions, addressed interstate transport in eastern (1) The most recent valid design values the data from Tennessee’s submittal states in the context of regional for the 1-hour NO2 standard in shows a 35 percent decrease in onroad rulemaking actions that quantify state Tennessee and the neighboring states of mobile emissions from 2008 to 2014. emission reduction obligations.6 For Arkansas, Georgia, Kentucky, Missouri, Finally, Tennessee identifies the NO2, EPA has considered available North Carolina, South Carolina, and following SIP-approved State rules that information such as current air quality, Virginia are below the 2010 standard; directly or indirectly control NOX emissions data and trends, and (2) total emissions of NOX in the State emissions: Rule 1200–03–09–.01— regulatory provisions that control source have trended downward since 2008; and Construction Permits (regulating the emissions to determine whether (3) the SIP contains state regulations construction of new sources and the modification of existing sources); Rule emissions from one state interfere with that directly or indirectly control NOX the attainment or maintenance of the emissions. EPA preliminarily agrees 1200–03–06–.03—General Provisions NAAQS in another state. EPA’s review with the State’s conclusion based on the and Rule 1200–03–07–.07—General and proposed action on Tennessee’s rationale discussed below. Provisions and Applicability for Process CAA section 110(a)(2)(D)(i)(I) interstate First, EPA notes that there are no Gaseous Emission Standards (both transport SIP revisions for the 2010 NO2 designated nonattainment areas for the regulating gaseous emissions from non- process and process emission sources); NAAQS is informed by these 2010 1-hour NO2 NAAQS in Tennessee considerations. or the neighboring states. On February and Rule 1200–03–13–.01—Violation Through this proposed action, EPA is 17, 2012 (77 FR 9532), EPA designated Statement (providing for enforcement proposing to approve Tennessee’s May the entire country as ‘‘unclassifiable/ actions for failure to comply with 14, 2018, SIP revision addressing prong attainment’’ for the 2010 1-hour NO Tennessee air regulations). 2 For all the reasons discussed above, 1 and prong 2 requirements for the 2010 NAAQS, stating that ‘‘available 7 EPA has preliminarily determined that 1-hour NO2 NAAQS. The State information does not indicate that the Tennessee does not contribute addressed CAA section 110(a)(2)(D)(i)(I) air quality in these areas exceeds the significantly to nonattainment or by providing information supporting its 2010 1-hour NO NAAQS.’’ 2 interfere with maintenance of the 2010 conclusion that emissions from Second, the 2015–2017 NO design 2 1-hour NO NAAQS in any other state Tennessee do not significantly values in Tennessee and neighboring 2 and that Tennessee’s SIP includes contribute to nonattainment or interfere states are well below the 2010 1-hour adequate provisions to prevent NO2 NAAQS standard of 100 ppb. The 5 emissions sources within the State from At the time the September 13, 2013, guidance highest monitored 2015–2017 valid was issued, EPA was litigating challenges raised significantly contributing to with respect to its Cross-State Air Pollution Rule design values for the neighboring states nonattainment or interfering with (CSAPR), 76 FR 48208 (August 8, 2011), designed of Arkansas, Georgia, Kentucky, maintenance of this standard in any to address the CAA section 110(a)(2)(D)(i)(I) Missouri, North Carolina, South other state. interstate transport requirements with respect to the Carolina, and Virginia are below the 1997 ozone and the 1997 and 2006 PM2.5 NAAQS. III. Proposed Action CSAPR was vacated and remanded by the United 2010 standard (at 42, 56, 49, 49, 38, 42, States Court of Appeals for the District of Columbia and 45 ppb, respectively).8 The design As described above, EPA is proposing Circuit (D.C. Circuit) in 2012 pursuant to EME values in Tennessee, and neighboring to approve Tennessee’s May 14, 2018, Homer City Generation, L.P. v. EPA, 696 F.3d 7. states, during this time period were 44 EPA subsequently sought review of the D.C. SIP revision addressing prongs 1 and 2 Circuit’s decision by the Supreme Court, which was to 62 percent below the NAAQS. During of CAA section 110(a)(2)(D)(i) for the granted in June 2013. As EPA was in the process the 2015–2017 time period, Georgia 2010 1-hour NO2 NAAQS. of litigating the interpretation of section 110(a)(2)(D)(i)(I) at the time the infrastructure SIP 8 Monitoring sites must meet the data IV. Statutory and Executive Order guidance was issued, EPA did not issue guidance completeness requirements listed in Appendix S to Reviews specific to that provision. The Supreme Court 40 CFR part 50 in order to have a valid design subsequently vacated the D.C. Circuit’s decision value. Table 1 in Tennessee’s submittal and EPA’s Under the CAA, the Administrator is and remanded the case to that court for further air quality design value website—https:// required to approve a SIP submission review. 134 S. Ct. 1584 (2014). On July 28, 2015, www.epa.gov/air-trends/air-quality-design-values— that complies with the provisions of the the D.C. Circuit issued a decision upholding indicate that not all design values are valid for the Act and applicable Federal regulations. CSAPR, but remanding certain elements for neighboring states of Kentucky (41), Missouri (45), reconsideration. 795 F.3d 118. North Carolina (39), South Carolina (38), and See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 6 Nitrogen Oxides (NOX) SIP Call, 63 FR 57371 Virginia (38) (the parentheses contain the highest (October 27, 1998); Clean Air Interstate Rule (CAIR), invalid design value in ppb for each state as 9 See Table 2 in Tennessee’s submittal, which is 70 FR 25172 (May 12, 2005); CSAPR, 76 FR 48208 reported in EPA’s air quality design value website). based on emissions trends data extracted from the (August 8, 2011). Additionally, Alabama and Mississippi have no EPA website at https://www.epa.gov/air-emissions- 7 EPA received this SIP revision on May 16, 2018. valid 2015–2017 NO2 design values. inventories/air-pullutants-emissions-trends-data.

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Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52 to its public docket. Do not submit EPA’s role is to approve state choices, Environmental protection, Air electronically any information you provided that they meet the criteria of pollution control, Incorporation by consider to be Confidential Business the CAA. This action merely proposes to reference, Intergovernmental relations, Information (CBI) or other information approve state law as meeting Federal Nitrogen dioxide, Ozone, Reporting and whose disclosure is restricted by statute. requirements and does not impose recordkeeping requirements. Multimedia submissions (audio, video, additional requirements beyond those etc.) must be accompanied by a written imposed by state law. For that reason, Authority: 42 U.S.C. 7401 et seq. comment. The written comment is this proposed action: Dated: February 27, 2019. considered the official comment and • Is not a significant regulatory action Mary S. Walker, should include discussion of all points subject to review by the Office of Acting Regional Administrator, Region 4. you wish to make. EPA will generally not consider comments or comment Management and Budget under [FR Doc. 2019–04390 Filed 3–8–19; 8:45 am] contents located outside of the primary Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P October 4, 1993) and 13563 (76 FR 3821, submission (i.e., on the web, cloud, or January 21, 2011); other file sharing system). For • Is not an Executive Order 13771 (82 ENVIRONMENTAL PROTECTION additional submission methods, the full FR 9339, February 2, 2017) regulatory AGENCY EPA public comment policy, action because SIP approvals are information about CBI or multimedia exempted under Executive Order 12866; 40 CFR Part 52 submissions, and general guidance on • Does not impose an information making effective comments, please visit [EPA–R04–OAR–2018–0720; FRL–9990–66– http://www2.epa.gov/dockets/ collection burden under the provisions Region 4] of the Paperwork Reduction Act (44 commenting-epa-dockets. U.S.C. 3501 et seq.); Air Plan Approval; Georgia; Interstate FOR FURTHER INFORMATION CONTACT: • Is certified as not having a Transport (Prongs 1 and 2) for the 2010 Evan Adams of the Air Regulatory Management Section, Air Planning and significant economic impact on a 1-Hour NO2 Standard substantial number of small entities Implementation Branch, Air, Pesticides under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection and Toxics Management Division, U.S. U.S.C. 601 et seq.); Agency (EPA). Environmental Protection Agency, • Does not contain any unfunded ACTION: Proposed rule. Region 4, 61 Forsyth Street SW, Atlanta, mandate or significantly or uniquely Georgia 30303–8960. Mr. Adams can be affect small governments, as described SUMMARY: The Environmental Protection reached by phone at (404) 562–9009 or in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve a via electronic mail at adams.evan@ of 1995 (Pub. L. 104–4); State Implementation Plan (SIP) epa.gov. • Does not have Federalism revision submitted by the State of SUPPLEMENTARY INFORMATION: implications as specified in Executive Georgia, through the Georgia I. Background Order 13132 (64 FR 43255, August 10, Environmental Protection Division 1999); (Georgia EPD), through a letter dated On January 22, 2010, EPA established • Is not an economically significant July 24, 2018, for the purpose of a new 1-hour primary NAAQS for NO2 regulatory action based on health or addressing the Clean Air Act (CAA or at a level of 100 parts per billion (ppb), safety risks subject to Executive Order Act) ‘‘good neighbor’’ interstate based on a 3-year average of the 98th 13045 (62 FR 19885, April 23, 1997); transport (prongs 1 and 2) infrastructure percentile of the yearly distribution of • Is not a significant regulatory action SIP requirements for the 2010 1-hour 1-hour daily maximum subject to Executive Order 13211 (66 FR Nitrogen Dioxide (NO2) National concentrations.1 See 75 FR 6474 28355, May 22, 2001); Ambient Air Quality Standard (February 9, 2010). This NAAQS is • Is not subject to requirements of (NAAQS). The CAA requires that each designed to protect against exposure to Section 12(d) of the National state adopt and submit a SIP for the the entire group of nitrogen oxides Technology Transfer and Advancement implementation, maintenance, and (NOX). NO2 is the component of greatest Act of 1995 (15 U.S.C. 272 note) because enforcement of each NAAQS concern and is used as the indicator for application of those requirements would promulgated by EPA, commonly the larger group of NOX. Emissions that be inconsistent with the CAA; and referred to as an ‘‘infrastructure SIP.’’ lead to the formation of NO2 generally • Does not provide EPA with the Specifically, EPA is proposing to also lead to the formation of other NOX. discretionary authority to address, as approve Georgia’s July 24, 2018, SIP Therefore, control measures that reduce appropriate, disproportionate human revision addressing prongs 1 and 2 to NO2 can generally be expected to reduce health or environmental effects, using ensure that air emissions in the State do population exposures to all gaseous practicable and legally permissible not significantly contribute to NOX which may have the co-benefit of methods, under Executive Order 12898 nonattainment or interfere with reducing the formation of ozone and fine particles both of which pose (59 FR 7629, February 16, 1994). maintenance of the 2010 1-hour NO2 NAAQS in any other state. The SIP is not approved to apply on 1 DATES: Comments must be received on Subsequently, after careful consideration of the any Indian reservation land or in any scientific evidence and information available, on other area where EPA or an Indian tribe or before April 10, 2019. April 18, 2018, EPA published a final action to has demonstrated that a tribe has ADDRESSES: Submit your comments, retain the current NO2 standard at the 2010 level jurisdiction. In those areas of Indian identified by Docket ID No. EPA–R04– of 100 ppb. This action was taken after review of the full body of available scientific evidence and country, the rule does not have tribal OAR–2018–0720 at http:// information, giving particular weight to the implications as specified by Executive www.regulations.gov. Follow the online assessment of the evidence in the 2016 NOX Order 13175 (65 FR 67249, November 9, instructions for submitting comments. Integrated Science Assessment; analyses and considerations in the Policy Assessment; the advice 2000), nor will it impose substantial Once submitted, comments cannot be and recommendations of the Clean Air Scientific direct costs on tribal governments or edited or removed from Regulations.gov. Advisory Committee; and public comments. See 83 preempt tribal law. EPA may publish any comment received FR 17226 (April 18, 2018).

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significant public health threats. For state from contributing significantly to and proposed action on Georgia’s CAA comprehensive information on the 2010 nonattainment of the NAAQS in another section 110(a)(2)(D)(i)(I) interstate 1-hour NO2 NAAQS, please refer to the state (prong 1) and from interfering with transport SIP revision for the 2010 NO2 February 9, 2010 Federal Register maintenance of the NAAQS in another NAAQS is informed by these notice. See 75 FR 6474. state (prong 2). EPA sometimes refers to considerations. Whenever EPA promulgates a new or the prong 1 and prong 2 conjointly as Through this proposed action, EPA is revised NAAQS, CAA section 110(a)(1) the ‘‘good neighbor’’ provision of the proposing to approve Georgia’s July 24, requires states to make SIP submissions CAA. The third and fourth prongs, 2018, SIP revision addressing the prong to provide for the implementation, which are codified in section 1 and prong 2 requirements for the 2010 7 maintenance, and enforcement of the 110(a)(2)(D)(i)(II), are provisions that 1-hour NO2 NAAQS. The State NAAQS.2 This particular type of SIP prohibit emissions activity in one state addressed CAA section 110(a)(2)(D)(i)(I) submission is commonly referred to as from interfering with measures required by providing information supporting its an ‘‘infrastructure SIP.’’ These to prevent significant deterioration of air conclusion that emissions from Georgia submissions must meet the various quality in another state (prong 3) and do not significantly contribute to requirements of CAA section 110(a)(2), from interfering with measures to nonattainment or interfere with as applicable. Due to ambiguity in some protect visibility in another state (prong maintenance of the 2010 1-hour NO2 of the language of CAA section 4). Section 110(a)(2)(D)(ii) requires SIPs NAAQS. All other applicable 110(a)(2), EPA believes that it is to include provisions ensuring infrastructure SIP requirements for appropriate to interpret these provisions compliance with sections 115 and 126 Georgia for the 2010 1-hour NO2 in the specific context of acting on of the Act, relating to interstate and NAAQS have been addressed in infrastructure SIP submissions. EPA has international pollution abatement. separate rulemakings. See 80 FR 14019 previously provided comprehensive EPA’s most recent infrastructure SIP (March 18, 2015), 81 FR 63106 guidance on the application of these guidance, the September 13, 2013, (September 14, 2016), and 83 FR 19637 provisions through a guidance ‘‘Guidance on Infrastructure State (May 4, 2018). document for infrastructure SIP Implementation Plan (SIP) Elements submissions and through regional under Clean Air Act Sections 110(a)(1) II. What is EPA’s analysis of how actions on infrastructure submissions.3 and 110(a)(2),’’ did not explicitly Georgia addressed prongs 1 and 2? Unless otherwise noted below, EPA is include criteria for how the Agency In Georgia’s July 24, 2018, SIP following that existing approach in would evaluate infrastructure SIP revision, the State concluded that its SIP acting on this submission. In addition, submissions intended to address section adequately addresses prongs 1 and 2 5 in the context of acting on such 110(a)(2)(D)(i)(I). With respect to with respect to the 2010 1-hour NO2 infrastructure submissions, EPA certain pollutants, such as ozone and NAAQS. Georgia provides the following evaluates the submitting state’s particulate matter (PM), EPA has reasons for its determination: (1) There implementation plan for compliance addressed interstate transport in eastern are SIP-approved and state-only with statutory and regulatory states in the context of regional regulations that directly or indirectly requirements, not for the state’s rulemaking actions that quantify state control NOx emissions; (2) all areas in implementation of its SIP.4 EPA has emission reduction obligations.6 For the United States are designated as other authority to address any issues NO2, EPA has considered available unclassifiable/attainment for the 2010 1- concerning a state’s implementation of information from states such as current hour NO2 NAAQS; (3) monitored 1-hour the rules, regulations, consent orders, air quality, emissions data and trends, NO2 design values in Georgia and etc. that comprise its SIP. and regulatory provisions that control surrounding states (Alabama, Florida, Section 110(a)(2)(D) has two source emissions to determine whether North Carolina, South Carolina, and components: 110(a)(2)(D)(i) and emissions from one state interfere with Tennessee) are below the 2010 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) the attainment or maintenance of the standard; 8 and (4) point source includes four distinct components, NAAQS in another state. EPA’s review emissions of NOx in the State have commonly referred to as ‘‘prongs,’’ that trended downward. EPA preliminarily must be addressed in infrastructure 5 At the time the September 13, 2013, guidance agrees with the State’s conclusion based SIPs. The first two prongs, which are was issued, EPA was litigating challenges raised on the rationale discussed below. codified in section 110(a)(2)(D)(i)(I), are with respect to its Cross-State Air Pollution Rule (CSAPR), 76 FR 48208 (August 8, 2011), designed First, Georgia identifies SIP-approved provisions that prohibit any source or to address the CAA section 110(a)(2)(D)(i)(I) portions of the following State rules that other type of emissions activity in one interstate transport requirements with respect to the directly or indirectly control NOX 1997 ozone and the 1997 and 2006 PM2.5 NAAQS. emissions: Georgia Rules for Air Quality 2 States were required to submit infrastructure CSAPR was vacated and remanded by the United Control 391–3–1–.03—Permits; 391–3– SIPs for the 2010 1-hour NO2 NAAQS to EPA no States Court of Appeals for the District of Columbia later than January 22, 2013. Circuit (D.C. Circuit) in 2012 pursuant to EME 1–.02(7)—Prevention of Significant 3 EPA explains and elaborates on these Homer City Generation, L.P. v. EPA, 696 F.3d 7. Deterioration (PSD); 391–3–1– ambiguities and its approach to address them in its EPA subsequently sought review of the D.C. .02(2)(yy)—Emissions of Nitrogen September 13, 2013 Infrastructure SIP Guidance Circuit’s decision by the Supreme Court, which was Oxides from Major Sources; 391–3–1– (available at https://www3.epa.gov/airquality/ granted in June 2013. As EPA was in the process urbanair/sipstatus/docs/Guidance_on_ of litigating the interpretation of section .02(2)(jjj)—NOX Emissions from Electric Infrastructure_SIP_Elements_Multipollutant_ 110(a)(2)(D)(i)(I) at the time the infrastructure SIP Utility Steam Generating Units; 391–3– _ _ guidance was issued, EPA did not issue guidance FINAL Sept 2013.pdf), as well as in numerous 1–.02(2)(lll)—NOX Emissions From Fuel agency actions, including EPA’s prior action on specific to that provision. The Supreme Court Burning Equipment; 391–3–1– Georgia’s infrastructure SIP to address other subsequently vacated the D.C. Circuit’s decision 110(a)(2) elements for the NO2 NAAQS entitled and remanded the case to that court for further ‘‘Air Plan Approval; GA Infrastructure review. 134 S. Ct. 1584 (2014). On July 28, 2015, 7 EPA received this SIP revision on August 2, Requirements for the 2010 Nitrogen Dioxide the D.C. Circuit issued a decision upholding 2018. National Ambient Air Quality Standards;’’ in the CSAPR, but remanding certain elements for 8 A design value is a statistic that describes the section ‘‘What is the EPA’s approach to the review reconsideration. 795 F.3d 118. air quality status of a given area relative to the level 6 of infrastructure SIP submissions?’’ See 81 FR Nitrogen Oxides (NOx) SIP Call, 63 FR 57371 of the NAAQS. The design value for the 1-hour NO2 41905 at 41906–41909 (June 28, 2017). (October 27, 1998); Clean Air Interstate Rule (CAIR), NAAQS is the 3-year average of annual 98th 4 See Montana Environmental Information Center 70 FR 25172 (May 12, 2005); CSAPR, 76 FR 48208 percentile daily maximum 1-hour values for a v. Thomas, 902 F.3d 971 (9th Cir. 2018). (August 8, 2011). monitoring site.

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.02(2)(rrr)—NOX Emissions From Small Georgia’s SIP includes adequate application of those requirements would Fuel-Burning Equipment; and 391–3– provisions to prevent emissions sources be inconsistent with the CAA; and 20—Enhanced Inspection and within the State from significantly • Does not provide EPA with the Maintenance. In addition to the SIP- contributing to nonattainment or discretionary authority to address, as approved rules mentioned above, interfering with maintenance of this appropriate, disproportionate human Georgia also identifies Rule 391–3–1– standard in any other state. health or environmental effects, using .02(sss)—Multipollutant Control for practicable and legally permissible III. Proposed Action Electric Utility Steam Generating Units, methods, under Executive Order 12898 a rule that is not incorporated into the As described above, EPA is proposing (59 FR 7629, February 16, 1994). SIP, as a measure that targets NOX to approve Georgia’s July 24, 2018, SIP The SIP is not approved to apply on emissions. revision addressing prongs 1 and 2 of any Indian reservation land or in any Second, there are no designated CAA section 110(a)(2)(D)(i) for the 2010 other area where EPA or an Indian tribe nonattainment areas for the 2010 1-hour 1-hour NO2 NAAQS. has demonstrated that a tribe has NO2 NAAQS nationwide. On February IV. Statutory and Executive Order jurisdiction. In those areas of Indian 17, 2012 (77 FR 9532), EPA designated Reviews country, the rule does not have tribal the entire country as ‘‘unclassifiable/ implications as specified by Executive Under the CAA, the Administrator is attainment’’ for the 2010 1-hour NO2 Order 13175 (65 FR 67249, November 9, NAAQS, stating that ‘‘available required to approve a SIP submission 2000), nor will it impose substantial information does not indicate that the that complies with the provisions of the direct costs on tribal governments or air quality in these areas exceeds the Act and applicable Federal regulations. preempt tribal law. 2010 1-hour NO NAAQS.’’ See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 2 List of Subjects in 40 CFR Part 52 Third, the 2015–2017 NO2 design Thus, in reviewing SIP submissions, values in Georgia are below the 2010 1- EPA’s role is to approve state choices, Environmental protection, Air hour NO2 NAAQS standard of 100 ppb. provided that they meet the criteria of pollution control, Incorporation by The highest monitored design value in the CAA. This action merely proposes to reference, Intergovernmental relations, the State is 56 ppb, which is 44 percent approve state law as meeting Federal Nitrogen dioxide, Ozone, Reporting and below the standard. Additionally, the requirements and does not impose recordkeeping requirements. additional requirements beyond those highest monitored 2015–2017 valid Authority: 42 U.S.C. 7401 et seq. design values for the neighboring states imposed by state law. For that reason, of Florida, North Carolina, South this proposed action: Dated: February 27, 2019. • Carolina, and Tennessee are below the Is not a significant regulatory action Mary S. Walker, 2010 standard (at 42, 38, 42, and 53 ppb, subject to review by the Office of Acting Regional Administrator, Region 4. respectively).9 EPA notes that the trends Management and Budget under [FR Doc. 2019–04391 Filed 3–8–19; 8:45 am] Executive Orders 12866 (58 FR 51735, in NO2 design values for the southeast BILLING CODE 6560–50–P indicate a 42 percent decrease in October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); measured NO2 concentrations from • 2000–2017.10 Is not an Executive Order 13771 (82 ENVIRONMENTAL PROTECTION Fourth, emissions data provided in FR 9339, February 2, 2017) regulatory AGENCY action because SIP approvals are the SIP submittal show that NOx emissions decreased from 1990 to 2017 exempted under Executive Order 12866; 40 CFR Part 52 • Does not impose an information by approximately 58 percent. In 2017, [EPA–R10–OAR–2018–0679; FRL–9990–50– highway vehicles were the largest collection burden under the provisions Region 10] contributors with 153,635 tons per year of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Air Plan Approval; OR: Infrastructure (tpy), and off-highway vehicles were • second with 56,872 tpy.11 Is certified as not having a Requirements for the 2015 Ozone For all the reasons discussed above, significant economic impact on a Standard EPA has preliminarily determined that substantial number of small entities under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection Georgia does not contribute significantly Agency (EPA). to nonattainment or interfere with U.S.C. 601 et seq.); • Does not contain any unfunded maintenance of the 2010 1-hour NO ACTION: Proposed rule. 2 mandate or significantly or uniquely NAAQS in any other state and that affect small governments, as described SUMMARY: Whenever a new or revised National Ambient Air Quality Standard 9 Monitoring sites must meet the data in the Unfunded Mandates Reform Act completeness requirements listed in Appendix S to of 1995 (Pub. L. 104–4); (NAAQS) is promulgated, the Clean Air 40 CFR part 50 in order to have a valid design • Does not have Federalism Act requires each State to submit a plan value. Table 2 in Georgia’s submittal and EPA’s air implications as specified in Executive for the implementation, maintenance, quality design value website—https://www.epa.gov/ Order 13132 (64 FR 43255, August 10, and enforcement of the standard, air-trends/air-quality-design-values—indicate that commonly referred to as infrastructure the highest reported 2015–2017 NO2 design values 1999); are invalid for the neighboring states of Alabama, • Is not an economically significant requirements. The Environmental Florida, and North Carolina (49, 45, and 39 ppb, regulatory action based on health or Protection Agency (EPA) is proposing to respectively). Additionally, Alabama has no valid safety risks subject to Executive Order approve the Oregon Department of 2015–2017 NO design values. 2 13045 (62 FR 19885, April 23, 1997); Environmental Quality’s (ODEQ) State 10 National Trends in Nitrogen Dioxide Levels for • the southeast are available on the EPA’s air trends Is not a significant regulatory action Implementation Plan (SIP), submitted website at https://www.epa.gov/air-trends/nitrogen- subject to Executive Order 13211 (66 FR on September 21, 2018, as meeting dioxide-trends. 28355, May 22, 2001); infrastructure requirements for the 2015 11 See Figure 1 and Table 3 in Georgia’s submittal, • Is not subject to requirements of ozone NAAQS. In addition, the EPA is which is based on emissions trends data extracted from the EPA website at https://www.epa.gov/air- Section 12(d) of the National proposing to approve an Oregon emissions-inventories/air-pullutants-emissions- Technology Transfer and Advancement Administrative Rule, submitted as part trends-data. Act of 1995 (15 U.S.C. 272 note) because of the Cleaner Air Oregon program and

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rule revision on December 11, 2018, 110(a)(2), as applicable. Due to be necessary or appropriate to meet the which incorporates the Code of Federal ambiguity in some of the language of applicable requirements of the CAA. Regulation November 2018 edition as CAA section 110(a)(2), EPA believes State submission: Oregon’s the version referred to throughout their that it is appropriate to interpret these submission cites multiple Oregon air rule. provisions in the specific context of quality laws and SIP-approved DATES: Comments must be received on acting on infrastructure SIP regulations to address this element for or before April 10, 2019. submissions. EPA has previously the 2015 ozone NAAQS. Oregon ADDRESSES: Submit your comments, provided comprehensive guidance on Revised Statutes (ORS) 468A.035 identified by Docket ID No. EPA–R10– the application of these provisions General Comprehensive Plan provides OAR–2018–0679, at https:// through a guidance document for authority to the ODEQ to develop a www.regulations.gov. Follow the online infrastructure SIP submissions and general comprehensive plan for the instructions for submitting comments. through regional actions on control or abatement of air pollution. Once submitted, comments cannot be infrastructure submissions.1 Unless ORS 468.020 Rules and Standards gives edited or removed from regulations.gov. otherwise noted below, we are following the Oregon Environmental Quality The EPA may publish any comment that existing approach in acting on this Commission (EQC) authority to adopt received to its public docket. Do not submission. In addition, in the context rules and standards to perform submit electronically any information of acting on such infrastructure functions vested by law. ORS 468A.025 you consider to be Confidential submissions, EPA evaluates the Air Purity Standards provides the EQC Business Information (CBI) or other submitting state’s SIP for facial with authority to set air quality information the disclosure of which is compliance with statutory and standards, emission standards, and restricted by statute. Multimedia regulatory requirements, not for the emission treatment and control submissions (audio, video, etc.) must be state’s implementation of its SIP.2 The provisions. ORS 468A.040 Permits; accompanied by a written comment. EPA has other authority to address any Rules provides that the EQC may The written comment is considered the issues concerning a state’s require permits for specific sources, official comment and should include implementation of the rules, type of air contaminant or specific areas discussion of all points you wish to regulations, consent orders, etc. that of the State. The Oregon submission make. The EPA will generally not comprise its SIP. also cites these other SIP-approved laws consider comments or comment On September 21, 2018, the Oregon and regulations: contents located outside of the primary Department of Environmental Quality • ORS 468 Environmental Quality submission (i.e. on the web, cloud, or (ODEQ) submitted a SIP revision to Generally; Public Health and Safety; other file sharing system). For meet the 2015 ozone NAAQS General Administration additional submission methods, the full infrastructure requirements.3 The EPA • ORS 468A Air Quality, Public Health EPA public comment policy, is proposing to approve ODEQ’s and Safety, Air Pollution Control information about CBI or multimedia submission as meeting certain 2015 • ORS 468A.010 Policy submissions, and general guidance on ozone NAAQS infrastructure • ORS 468A.015 Purpose of air making effective comments, please visit requirements. pollution laws https://www.epa.gov/dockets/ • ORS 468A.045 Activities Prohibited commenting-epa-dockets. II. EPA Evaluation without Permit; Limit on Activities FOR FURTHER INFORMATION, CONTACT: 110(a)(2)(A): Emission Limits and Other with Permit • Christi Duboiski at (360) 753–9081, or Control Measures ORS 468A.050 Classification of Air [email protected]. Contamination Sources; Registration CAA section 110(a)(2)(A) requires and Reporting; Registration and SUPPLEMENTARY INFORMATION: SIPs to include enforceable emission Throughout this document wherever Reporting of Sources; Rules; Fees limits and other control measures, • ORS 468A.055 Notice Prior to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is means or techniques (including intended to refer to the EPA. Construction of New Sources; Order economic incentives such as fees, Authorizing or Prohibiting Table of Contents marketable permits, and auctions of Construction; Effect of No Order; emissions rights), as well as schedules Appeal I. Background and timetables for compliance, as may II. EPA Evaluation • ORS 468A.070 Measurement and III. Proposed Action Testing of Contamination Sources; IV. Incorporation by Reference 1 EPA explains and elaborates on these Rules V. Statutory and Executive Orders Review ambiguities and its approach to address them in its • September 13, 2013 Infrastructure SIP Guidance ORS 468A.310 Federal Operating I. Background (available at https://www3.epa.gov/airquality/ Permit Program Approval; Rules; urbanair/sipstatus/docs/Guidance_on_ Content of Plan On October 26, 2015 (80 FR 65292) Infrastructure_SIP_Elements_Multipollutant_ • ORS 468A.315 Emission Fees for _ _ the EPA published a rule revising the 8- FINAL Sept 2013.pdf), as well as in numerous Major Sources; Base Fees; Basis of hour ozone NAAQS from 0.075 parts agency actions, including EPA’s prior action on the Oregon Department of Environmental Quality’s Fees; Rules per million (ppm) to a new, more infrastructure SIP to address the lead NAAQS (79 • ORS 468A.350–455 Motor Vehicle protective level of 0.070 ppm. Whenever FR 21679, April 17, 2014). Pollution Control EPA promulgates a new or revised 2 See U.S. Court of Appeals for the Ninth Circuit • ORS 468A.625–.645 NAAQS, CAA section 110(a)(1) requires decision in Montana Environmental Information Chlorofluorocarbons and Halon Center v. EPA, No. 16–71933 (Aug. 30, 2018). states to make SIP submissions to Control 3 The September 25, 2018, submission also • provide for the implementation, addressed all interstate transport requirements at ORS 468A.650–.660 Aerosol Spray maintenance, and enforcement of the CAA section 110(a)(2)(D) for the 2015 ozone Control NAAQS. This particular type of SIP NAAQS. However, this publication proposes action • ORS 468A.990 Penalties submission is commonly referred to as on only a portion of those requirements, specifically • OAR 340–200–0020 General Air an ‘‘infrastructure SIP.’’ CAA sections 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). Pollution Procedures and Definitions We intend to address the remainder of the interstate • These submissions must meet the transport requirements in a separate, future action. OAR 340–202 Ambient Air Quality various requirements of CAA section See section 110(a)(2)(D) below. Standards and PSD Increments

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• OAR 340–204 Designation of Air precursors to ozone formation. These assessment to the EPA for review. In Quality Areas rules (listed above) include practice, Oregon operates a • OAR 340–216 Air Contaminant requirements to reduce pollutants that comprehensive monitoring network, Discharge Permits reduce visibility and contribute to including ozone monitoring, compiles • OAR 340–222 Stationary Source Plant regional haze, emission standards for and analyzes collected data, and Site Emission Limits VOC point sources, emission limits for submits the data to the EPA’s Air • OAR 340–223 Regional Haze Rules hot mix asphalt plants and other Quality System on a quarterly basis. • OAR 340–224 New Source Review industries, industrial emission Therefore, we are proposing to approve • OAR 340–226 General Emission management rules that apply to the the Oregon SIP as meeting the Standards Portland area, and requirements that requirements of CAA section • OAR 340–232 Emission Standards for regulate motor vehicle fuel content 110(a)(2)(B) for the 2015 ozone NAAQS. VOC Point Sources specifications and certification of • OAR 340–236 Emission Standards for vehicle pollution control systems. As a 110(a)(2)(C): Program for Enforcement Specific Industries: Emission Limits result, we are proposing to approve the of Control Measures • OAR 340–242 Rules Applicable to the Oregon SIP as meeting the requirements CAA section 110(a)(2)(C) requires Portland Area of CAA section 110(a)(2)(A) for the 2015 each State to include a program • OAR 340–250 General Conformity ozone NAAQS. providing for enforcement of all SIP • OAR 340–252 Transportation measures and the regulation of 110(a)(2)(B): Ambient Air Quality construction of new or modified Conformity Monitoring/Data System • OAR 340–256 Motor Vehicles stationary sources, including a program • OAR 340–258 Motor Vehicle Fuel CAA section 110(a)(2)(B) requires to meet PSD and nonattainment NSR Specifications SIPs to include provisions to provide for requirements. • OAR 340–268 Emission Reduction establishment and operation of ambient State submission: The Oregon Credits air quality monitors, collecting and submission refers to ORS 468.090–140 analyzing ambient air quality data, and Enforcement which provides the ODEQ EPA analysis: The State regulations making these data available to the EPA identified above were previously with authority to investigate complaints, upon request. investigate and inspect sources for approved by the EPA into the Oregon State submission: The Oregon SIP and demonstrate that the Oregon compliance, access records, commence submission references ORS 468.035(a–e, enforcement procedures, and impose SIP includes enforceable emission limits m) Functions of the Department which and other control measures to civil penalties. In addition, ORS 468.035 provides authority to conduct and Functions of the Department, implement the 2015 ozone NAAQS. We supervise inquiries and programs to recently approved updates to the paragraphs (j) and (k), provide the assess and communicate air conditions ODEQ with authority to enforce Oregon Oregon ambient air quality standards in and to obtain necessary resources Division 202 to account for the 2015 air pollution laws and compel (assistance, materials, supplies, etc.) to compliance with any rule, standard, ozone NAAQS (83 FR 24034, May 24, meet these responsibilities and ORS 2018). Oregon has no areas designated order, permit or condition. The 468A.070 Measurement and Testing of submission also cites: nonattainment for the 2015 ozone Contamination Sources; Rules which • ORS 468.020 Rules and Standards NAAQS. We note, however, that the provides the authority to establish a • ORS 468.065 Issuance of Permits; EPA does not consider SIP requirements measurement and testing program. In triggered by the nonattainment area Consent; Fees; Use addition, ORS 468A.025 Air Purity • ORS 468.070 Denial, Modification, mandates in part D, title I of the CAA Standards; Air Quality Standards; to be governed by the submission Suspension or Revocation of Permits Treatment and Control of Emissions; • ORS 468.920–963 Environmental deadline of CAA section 110(a)(1). Rules requires controls necessary to Crimes Regulations and other control measures achieve ambient air quality standards • ORS 468.996–997 Civil Penalties for purposes of attainment planning and prevent significant impairment of • ORS 468A.025 Air Purity Standards; under part D, title I of the CAA are due visibility. The submission also Air Quality Standards; Treatment and on a different schedule than references Division 212 Stationary Control of Emissions; Rules infrastructure SIPs. Source Testing and Monitoring • ORS 468A.035 General Oregon regulates emissions of ozone regulations which sets requirements, Comprehensive Plan precursors through its SIP-approved methods, and criteria for emission • ORS 468A.040 Permits; Rules new source review (NSR) permitting monitoring and reporting. • ORS 468A.045 Activities Prohibited program, in addition to provisions EPA analysis: A comprehensive air without Permit; Limit on Activities described below. Oregon’s SIP-approved quality monitoring plan, intended to with Permit NSR program, in Division 224 New meet federal requirements, was • ORS 468A.050 Classification of Air Source Review, is administered through originally submitted by Oregon on Contamination Sources; Registration Division 216 Air Contaminant December 27, 1979 (40 CFR 52.1970) and Reporting; Registration and Discharge Permits. The EPA most and approved by the EPA on March 4, Reporting of Sources; Rules; Fees recently approved revisions to Oregon’s 1981 (46 FR 15136). The plan includes • ORS 468A.055 Notice Prior to NSR program as meeting Federal statutory and regulatory authority to Construction of New Sources; Order requirements on October 10, 2017 (82 establish and operate an air quality Authorizing or Prohibiting FR 47122). The program regulates new monitoring network, including ozone Construction; Effect of No Order; and modified stationary sources of monitoring. Oregon’s SIP-approved Appeal nitrogen oxides (NOX) and Volatile regulations at Division 212 govern • ORS 468A.070 Measurement and Organic Compounds (VOC) as stationary source testing and monitoring Testing of Contamination Sources; precursors to ozone. in accordance with Federal reference Rules In addition to permitting provisions, methods. Every five years, Oregon • ORS 468A.310 Federal Operating Oregon’s SIP contains numerous rules assesses the adequacy of the State Permit Program Approval; Rules; that limit emissions of NOX and VOC as monitoring network and submits that Content of Plan

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• ORS 468A.990 Penalties for Air prohibiting emissions which will approved PSD program. The EPA most Pollution Offenses contribute significantly to recently approved revisions to Oregon’s • OAR 340–012 Enforcement Procedure nonattainment of the NAAQS in any NSR program as meeting Federal PSD and Civil Penalties other State (prong 1), and adequate requirements on October 11, 2017 (82 • OAR 340–202 Ambient Air Quality provisions prohibiting emissions which FR 47122). Therefore, we are proposing Standards and PSD Increments will interfere with maintenance of the to approve the Oregon SIP as meeting • OAR 340–210 Stationary Source NAAQS by any other State (prong 2). CAA section 110(a)(2)(D)(i)(II) prong 3 Notification Requirements CAA section 110(a)(2)(D)(i)(II) requires with respect to PSD for the 2015 ozone • OAR 340–214 Stationary Source SIPs to contain adequate provisions NAAQS. Reporting Requirements prohibiting emissions which will The EPA believes, as noted in the • OAR 340–216 Air Contaminant interfere with any other State’s required 2013 Guidance, where a State’s regional Discharge Permits (ADCP) measures to prevent significant haze plan has been approved as meeting • OAR 340–224 New Source Review deterioration (PSD) of its air quality all current obligations, a State may rely EPA analysis: The EPA is proposing (prong 3), and adequate provisions upon those provisions in support of its to find that Oregon code provisions prohibiting emissions which will demonstration that it satisfies CAA provide the ODEQ with authority interfere with any other State’s required section 110(a)(2)(D)(i)(II) as it relates to applicable to the 2015 ozone standard to measures to protect visibility (prong 4). visibility (prong 4). On July 5, 2011, the enforce the air quality laws, regulations, CAA section 110(a)(2)(D)(ii) states EPA approved portions of the Oregon permits, and orders promulgated SIPs must include provisions ensuring regional haze plan, including the pursuant to ORS Chapters 468 and compliance with the applicable requirements for best available retrofit 468A. The ODEQ staffs and maintains requirements of CAA sections 126 and technology (76 FR 38997). We approved an enforcement program to ensure 115 (relating to interstate and the remaining elements of the Oregon compliance with SIP requirements. The international pollution abatement). CAA regional haze plan on August 22, 2012 ODEQ Director, at the direction of the section 126 requires notification to (77 FR 50611). In addition, on May 17, Governor, may enter a cease and desist neighboring States of potential impacts 2018, the EPA approved the Oregon order for polluting activities that present from a new or modified major stationary Regional Haze Progress Report and an imminent and substantial danger to source and specifies how a State may determined the existing regional haze public health (ORS 468.115). petition the EPA when a major source SIP adequate to meet the State’s Enforcement cases may be referred to or group of stationary sources in a State visibility goals and requires no the State Attorney General’s office for is thought to contribute to certain substantive revisions at this time (83 FR civil or criminal enforcement. pollution problems in another State. 22853). Because we approved the To generally meet the requirements of CAA section 115 governs the process for Oregon plan as meeting regional haze CAA section 110(a)(2)(C) for regulation addressing air pollutants emitted in the requirements, we are proposing to of construction of new or modified United States that cause or contribute to approve the Oregon SIP as meeting CAA stationary sources, each State is air pollution that may reasonably be section 110(a)(2)(D)(i)(II) prong 4 required to have PSD, nonattainment anticipated to endanger public health or visibility requirements with respect to NSR, and minor NSR permitting welfare in a foreign country. the 2015 ozone NAAQS. programs adequate to implement the State submission: The Oregon The Division 209 public notice 2015 ozone NAAQS. As explained submission addresses all interstate provisions in Oregon’s SIP-approved above, we are not in this action transport requirements of the CAA. This NSR program require that for major NSR evaluating nonattainment-related proposed action, however, addresses permit actions, Oregon must provide provisions, including the nonattainment only the CAA sections 110(a)(2)(D)(i)(II), notice to neighboring States, among NSR program required by part D, title I and 110(a)(2)(D)(ii). We intend to other officials and agencies. This notice of the CAA. address the remainder of the interstate requirement is consistent with CAA Oregon’s Federally-enforceable State transport requirements in a separate, section 126(a). In addition, Oregon has operating permit program, at Division future action. no pending obligations under section 216 Air Contaminant Discharge Permits, To meet the provisions of the CAA 115 or 126(b) of the CAA. Therefore, we is also the administrative permit sections 110(a)(2)(D)(i)(II), and are proposing to approve the Oregon SIP mechanism used to implement the SIP- 110(a)(2)(D)(ii), the Oregon submission as meeting the requirements of CAA approved NSR program. We most references the State’s SIP-approved NSR section 110(a)(2)(D)(ii) for the 2015 recently approved revisions to the NSR program, the State’s SIP-approved ozone NAAQS. program (Divisions 200, 202, 209, 212, regional haze plan and the recently SIP- 110(a)(2)(E): Adequate Resources 216, 222, 224, 225, and 268) as meeting approved Oregon Regional Haze Federal requirements at 40 CFR 51.160 Progress Report (May 17, 2018, 83 FR CAA section 110(a)(2)(E) requires through 164 (minor NSR) and 40 CFR 22853). The Oregon submission also each State to provide (i) necessary 51.166 (PSD) on October 11, 2017 (82 references Division 209 Public assurances that the State will have FR 47122). The Oregon minor NSR and Participation, approved as part of the adequate personnel, funding, and PSD rules meet current requirements for Oregon NSR program, and asserts that authority under State law to carry out all regulated NSR pollutants. Therefore, Oregon regulations are consistent with the SIP (and is not prohibited by any we are proposing to approve the Oregon Federal requirements in Appendix N of provision of Federal or State law from SIP as meeting the requirements of CAA 40 CFR part 50 pertaining to the carrying out the SIP or portion thereof), section 110(a)(2)(C) for the 2015 ozone notification of interstate pollution (ii) requirements that the State comply NAAQS. abatement. with the State board provisions under EPA analysis: The EPA believes that CAA section 128 and (iii) necessary 110(a)(2)(D): Interstate Transport the PSD sub-element of CAA section assurances that, where the State has CAA section 110(a)(2)(D)(i) addresses 110(a)(2)(D)(i)(II) (prong 3) is satisfied relied on a local or regional government, four separate elements, or ‘‘prongs.’’ where major new and modified agency, or instrumentality for the CAA section 110(a)(2)(D)(i)(I) requires stationary sources in attainment and implementation of any SIP provision, SIPs to contain adequate provisions unclassifiable areas are subject to a SIP- the State has responsibility for ensuring

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adequate implementation of such SIP Discharge Permits includes permitting • ORS 468A.310 Federal operating provision. authority for LRAPA. permit program approval; rules; State submission: With respect to sub- EPA analysis: We are proposing to content of plan element (E)(i), the Oregon submission find that the above-referenced • ORS 468A.365 Certification of Motor cites ORS 468.035 Functions of provisions provide Oregon with Vehicle Pollution Control Systems Department which provides the ODEQ adequate authority to carry out SIP and Inspection of Motor Vehicles; authority to employ personnel, purchase obligations with respect to the 2015 Rules supplies, enter into contracts, and to ozone NAAQS as required by CAA • OAR 340–212 Stationary Source receive, appropriate, and expend section 110(a)(2)(E)(i). We are also Testing and Monitoring Federal and other funds for purposes of proposing to approve the Oregon SIP as • OAR 340–214 Stationary Source air pollution research and control. In meeting CAA section 110(a)(2)(E)(ii) Reporting Requirements addition, ORS 468.045 Functions of because we previously approved the SIP • OAR 340–222 Stationary Source Plant Director; Delegation provides the ODEQ for purposes of CAA section 128. On Site Emission Limits Director with authority to hire, assign, January 22, 2003, we approved OAR • OAR 340–224–0070 New Source reassign, and coordinate personnel of 340–200–0100 through OAR 340–200– Review, Prevention of Significant the department and to administer and 0120 as meeting CAA section 128 (68 FR Deterioration Requirements for enforce the laws of the State concerning 2891). In addition, we approved LRAPA Sources in Attainment or Unclassified environmental quality. The ODEQ has Title 12, Section 025 (recodified at Areas an intergovernmental agreement to LRAPA Title 13, section 025) as meeting • OAR 340–225 Air Quality Analysis delegate its authority to implement the CAA section 128 on March 1, 1989 (54 Requirements requirements of the CAA in Lane FR 8538). • OAR 340–232 Emission Standards for County, Oregon to the Lane Regional Air We are proposing to find that Oregon VOC Point Sources Protection Agency (LRAPA). In has provided necessary assurances that, • OAR 340–236 Emission Standards for addition, the submission cites the CAA where the State has relied on a local or Specific Industries: Emissions section 105 grants received from the regional government, agency, or Monitoring and Reporting EPA and matched through the Oregon instrumentality for the implementation • OAR 340–250 General Conformity General Fund. of any SIP provision, the State has • OAR 340–258–0010 through 0310 Turning to sub-element (E)(ii), the responsibility for ensuring adequate Motor Vehicle Fuel Specifications, submission cites OAR 340–200–0100 implementation of the SIP as required record keeping and reporting Purpose, OAR 340–200–0110 Public by CAA section 110(a)(2)(E)(iii). Interest Representation, and OAR 340– EPA analysis: The Oregon statutory Therefore, we are proposing to approve 200–0120 Disclosure of Potential provisions listed above provide the Oregon SIP as meeting the Conflicts of Interest. The submission authority to establish a program for requirements of CAA sections states that the EPA approved the listed measurement and testing of sources, 110(a)(2)(E) for the 2015 ozone NAAQS. regulatory provisions as meeting the including requirements for sampling requirements of CAA section 128 on 110(a)(2)(F): Stationary Source and testing with respect to the 2015 January 22, 2003 (68 FR 2891). In Monitoring System ozone NAAQS. The Oregon regulations addition, the submission cites LRAPA cited above require facilities to monitor CAA section 110(a)(2)(F) requires (i) Title 12, Section 025 (recodified to and report emissions, including the installation, maintenance, and LRAPA Title 13, Section 025 Conflict of requirements for monitoring methods replacement of equipment, and the Interest), approved by the EPA on and design, and monitoring and quality implementation of other necessary March 1, 1989 (54 FR 8538), and notes improvement plans. Oregon’s stationary steps, by owners or operators of it meets CAA section 128. source reporting requirements include With respect to sub-element (E)(iii), stationary sources to monitor emissions maintaining written records to the submission cites ORS 468.020 Rules from such sources, (ii) periodic reports demonstrate compliance with emission and Standards which requires a public on the nature and amounts of emissions rules, limitations, or control measures, hearing on any proposed rule or and emissions-related data from such and requirements for reporting and standard prior to adoption. ORS sources, and (iii) correlation of such recordkeeping. Information is made 468.035(c) Functions of Department reports by the State agency with any available to the public through public provides the ODEQ authority to advise, emission limitations or standards processes outlined at OAR 340–209 consult, and cooperate with other established pursuant to the CAA, which Public Participation. States, State and Federal agencies, or reports shall be available at reasonable Oregon submits emissions data to the political subdivisions on all air quality times for public inspection. EPA for purposes of the National control matters. ORS 468A.010 Policy State submission: The Oregon Emissions Inventory (NEI). The NEI is calls for a coordinated Statewide submission refers to the following the EPA’s central repository for air program of air quality control with statutory and regulatory provisions for emissions data. Oregon submits a responsibility allocated between the source emissions monitoring, reporting, comprehensive emission inventory State and the units of local government. and correlation with emission limits or every three years and reports emissions ORS 468A.100–180 Regional Air standards: for certain larger sources annually Quality Control Authorities describes • ORS 468.020 Rules and Standards through the EPA’s online Emissions the establishment, role and function of • ORS 468.035 Functions of Department Inventory System. Oregon reports regional air quality control authorities. paragraphs (b) and (d) emissions data for the six criteria State regulations in Division 200 specify • ORS 468A.025(4) Air Purity pollutants and voluntarily reports LRAPA has authority in Lane County, Standards; Air Quality Standards; emissions of hazardous air pollutants. defines the term Regional Agency and Treatment and Control of Emissions; The EPA compiles the emissions data, describes inclusion of LRAPA’s actions Rules supplementing it where necessary, and into the SIP. Division 204 includes • ORS 468A.070 Measurement and releases it to the public through the designation of control areas within Lane Testing of Contamination Sources; website https://www.epa.gov/air- County. Division 216 Air Contaminant Rules emissions-inventories.

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Based on the analysis above, we are attain the NAAQS which it implements NAAQS implementation requirements proposing to approve the Oregon SIP as or to otherwise comply with any pursuant to CAA section 121. CAA meeting the requirements of CAA additional requirements under the CAA. section 110(a)(2)(J) further requires section 110(a)(2)(F) for the 2015 ozone State submission: The Oregon States to notify the public if NAAQS are NAAQS. submission refers to ORS 468.020 Rules exceeded in an area and to enhance and Standards which requires public public awareness of measures that can 110(a)(2)(G): Emergency Episodes notice on any proposed rule or standard be taken to prevent exceedances. Lastly, CAA section 110(a)(2)(G) requires prior to adoption, and ORS 468A.035 CAA section 110(a)(2)(J) requires States States to provide for authority to ‘‘General Comprehensive Plan’’ which to meet applicable requirements of part address activities causing imminent and requires the ODEQ to develop a general C, title I of the CAA related to substantial endangerment to public comprehensive plan for the control or prevention of significant deterioration health, including adequate contingency abatement of air pollution. The and visibility protection. plans to implement the emergency submission also refers to OAR 340–200– State submission: The Oregon episode provisions in their SIPs. 0040 State of Oregon Clean Air Act submission references specific laws and State submission: The Oregon Implementation Plan which provides regulations relating to consultation, submission cites ORS 468–115 for revisions to the Oregon SIP and public notification, and PSD: Enforcement in Cases of Emergency submission of revisions to the EPA, • ORS 468.020 Rules and Standards which authorizes the ODEQ Director, at including standards submitted by a • ORS 468.025 Air Purity Standards; the direction of the Governor, to enter regional authority and adopted verbatim Air Quality Standards; Treatment and a cease and desist order for polluting into State rules. Control of Emissions; Rules activities that present an imminent and EPA analysis: As cited above, the • ORS 468.035 Functions of Department substantial danger to public health. In Oregon SIP provides for revisions, and paragraphs (a), (c), (f) and (g) addition, OAR 340–206 Air Pollution in practice, Oregon regularly submits • ORS 468A.010 Policy paragraphs Emergencies authorizes the ODEQ SIP revisions to the EPA. On October 11, (1)(b) and (c) Director to declare an air pollution alert 2017, the EPA approved many revisions • OAR 340–202 Ambient Air Quality or warning, or to issue an advisory to to the Oregon SIP (82 FR 47122). Other Standards and PSD Increments notify the public. OAR 340–214 recent EPA actions on revisions to the • OAR 340–202 Ambient Air Quality Stationary Source Reporting Oregon SIP include but are not limited Standards and PSD Increments Requirements governs reporting of to: May 24, 2018 (83 FR 24034); May 17, • OAR 340–204 Designation of Air emergencies and excess emissions and 2018 (83 FR 22853); February 8, 2018 Quality Areas reporting requirements. (83 FR 5537); October 21, 2016 (81 FR • OAR 340–206 Air Pollution EPA analysis: Section 303 of the CAA 72714); July 20, 2016 (81 FR 47029); Emergencies provides authority to the EPA June 6, 2016 (81 FR 36176); May 16, • OAR 340–209 Public Participation Administrator to restrain any source 2018 (81 FR 30181). Accordingly, we are • OAR 340–216 Air Contaminant from causing or contribution to proposing to approve the Oregon SIP as Discharge Permits (ACDP) emissions which present an ‘‘imminent meeting the requirements of CAA • OAE 340–223 Regional Haze Rules and substantial endangerment to public section 110(a)(2)(H) for the 2015 ozone • OAR 340–224 New Source Review health or welfare, or the environment.’’ NAAQS. • OAR 340–225 Air Quality Analysis We find that ORS 468–115 Enforcement 110(a)(2)(I): Nonattainment Area Plan Requirements in Cases of Emergency provides • Revision Under Part D OAR 340–252 Transportation emergency order authority comparable Conformity to CAA section 303. There are two elements identified in We recently approved revisions to the CAA section 110(a)(2) not governed by EPA analysis: The Oregon SIP Oregon air pollution emergency rules at the three-year submission deadline of includes specific provisions for OAR 340–206 Air Pollution Emergencies CAA section 110(a)(1) because SIPs consulting with local governments and on October 11, 2017 (82 FR 47122). incorporating necessary local Federal Land Managers as specified in Oregon’s rules are consistent with nonattainment area controls are due on CAA section 121, including the Oregon Federal emergency episode nonattainment area plan schedules rules for PSD permitting. The EPA most requirements for ozone (prevention of pursuant to section 172 and the various recently approved revisions to the air pollution emergency episodes, 40 pollutant-specific subparts 2 through 5 Oregon NSR program, which provides CFR part 51 subpart H; sections 51.150 of part D. These are submissions opportunity and procedures for public through 51.153). Accordingly, we are required by: (i) CAA section 110(a)(2)(C) comment and notice to appropriate proposing to approve the Oregon SIP as to the extent that subsection refers to a Federal, State and local agencies, on meeting the requirements of CAA permit program as required in part D, October 11, 2017 (82 FR 47122). In section 110(a)(2)(G) for the 2015 ozone title I of the CAA, and (ii) section addition, we approved the Oregon rules NAAQS. 110(a)(2)(I) which pertain to the that define transportation conformity nonattainment planning requirements of consultation on October 4, 2012 (77 FR 110(a)(2)(H): Future SIP Revisions part D, title I of the CAA. As a result, 60627) and regional haze interagency CAA section 110(a)(2)(H) requires that this action does not address CAA planning on July 5, 2011 (76 FR 38997). SIPs provide for revision of a State plan section 110(a)(2)(C) with respect to In practice, the ODEQ routinely (i) from time to time as may be nonattainment NSR or CAA section coordinates with local governments, necessary to take account of revisions of 110(a)(2)(I). States, Federal Land Managers and other a national primary or secondary ambient stakeholders on air quality issues air quality standard or the availability of 110(a)(2)(J): Consultation With including transportation conformity and improved or more expeditious methods Government Officials regional haze, and provides notice to of attaining the standard, and (ii), except CAA section 110(a)(2)(J) requires appropriate agencies related to as provided in paragraph 110(a)(3)(C), States to provide a process for permitting actions. Oregon participates whenever the Administrator finds that consultation with local governments in regional planning processes the SIP is substantially inadequate to and Federal Land Managers carrying out including the Western Regional Air

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Partnership, which is a voluntary section 110(a)(2)(J) for the 2015 ozone Specifically, the submission of OAR partnership of States, Tribes, Federal NAAQS. 340–200–0035(1) incorporates Land Managers, local air agencies and Appendix W, as of July 1, 2018 and 110(a)(2)(K): Air Quality and Modeling/ the EPA, whose purpose is to therefore captures the EPA’s recent Data understand current and evolving changes to the Federal Guidelines on regional air quality issues in the West. CAA section 110(a)(2)(K) requires that Air Quality Models codified in 40 CFR Based on the provisions above, we are SIPs provide for (i) the performance of part 51, appendix W (January 17, 2017, proposing to find that the Oregon SIP air quality modeling as the 82 FR 5182). Any change or substitution meets the requirements of CAA section Administrator may prescribe for the from models specified in Appendix W 110(a)(2)(J) for consultation with purpose of predicting the effect on is subject to notice and opportunity for government officials for the 2015 ozone ambient air quality of any emissions of public comment and must receive prior NAAQS. any air pollutant for which the written approval from the ODEQ and Section 110(a)(2)(J) also requires Administrator has established a the EPA. States to notify the public if ambient air NAAQS, and (ii) the submission, upon Based on the above information, we quality standards are exceeded in an request, of data related to such air are proposing to approve the Oregon SIP area. States must advise the public of quality modeling to the Administrator. as meeting the requirements of CAA the health hazards associated with air State submission: The Oregon section 110(a)(2)(K) for the 2015 ozone pollution and what can be done to submission refers to ORS 468–020 Rules NAAQS. We are also proposing to prevent exceedances. The EPA and Standards which requires public approve the revised OAR 340–200– calculates an air quality index for five hearing on any proposed rule or 0035(1) Reference Materials. major air pollutants regulated by the standard prior to adoption, and ORS 110(a)(2)(L): Permitting Fees CAA: Ground-level ozone, particulate 468.035 Functions of Department which matter, carbon monoxide, sulfur provides the ODEQ authority to conduct CAA section 110(a)(2)(L) directs SIPs dioxide, and nitrogen dioxide. This air studies and investigations to determine to require each major stationary source quality index (AQI) provides daily air quality. The submission also to pay permitting fees to cover the cost information to the public on air quality. references OAR 340–225 Air Quality of reviewing, approving, implementing Oregon actively participates and Analysis Requirements which includes and enforcing a permit. submits information to the EPA’s modeling requirements for analysis and State submission: The Oregon AIRNOW and Enviroflash Air Quality demonstration of compliance with submission refers to ORS 468.065 Alert programs which provide standards and increments in specified Issuance of Permits: Content; Fees; Use information to the public on local air areas. which provides the EQC authority to quality. Oregon also provides the AQI to In addition, on December 11, 2018, establish a schedule of fees for permits the public at http://www.deq.state.or.us/ Oregon submitted OAR 340–200–0035 based on the costs of filing and aqi/. Therefore, we are proposing to find Reference Materials as a related rule investigating applications, issuing or that the Oregon SIP meets the amendment associated with ODEQ’s denying permits, carrying out title V requirements of CAA section 110(a)(2)(J) Cleaner Air Oregon program and rule requirements and determining for public notification for the 2015 submission.4 Specifically, OAR 340– compliance. ORS 468A.040 Permits; ozone NAAQS. 200–0035(1) was revised to incorporate Rules provides that the EQC may Turning to the requirement in CAA the Code of Federal Regulations, July 1, require permits for air contamination section 110(a)(2)(J) that the SIP meet the 2018 edition, as the updated reference sources, type of air contaminant, or applicable requirements of part C, title to be used throughout their rule. specific areas of the State. The I of the CAA, we have evaluated this EPA analysis: The EPA previously submission also references OAR 340– requirement in the context of CAA approved OAR 340–225 Air Quality 216 Air Contaminant Discharge Permits section 110(a)(2)(C) and permitting. The Analysis Requirements on October 11, which requires payment of permit fees EPA most recently approved revisions 2017 (82 FR 47122). These rules specify based on a specified table of sources and to Oregon’s PSD program on October 11, that modeled estimates of ambient fee schedule. 2017 (82 FR 47122), updating the concentrations be based on 40 CFR part EPA analysis: On September 28, 1995, program for current Federal 51, appendix W (Appendix W) the EPA fully-approved Oregon’s title V requirements. Therefore, we are (Guidelines on Air Quality Models). operating permit program (60 FR proposing to approve the Oregon SIP as Oregon’s SIP requires modeled 50106). While Oregon’s title V program meeting the requirements of CAA estimates of ambient concentrations be is not formally approved into the SIP, it 110(a)(2)(J) with respect to PSD for the based on the current version of is a mechanism the State can use to 2015 NAAQS. Appendix W, consistent with the EPA’s ensure the ODEQ has sufficient With respect to visibility protection implementing regulations in 40 CFR resources to support the air program, under element (J), the EPA recognizes part 51. consistent with the requirements of the that States are subject to visibility and On December 11, 2018, the ODEQ SIP. Before the EPA can grant full regional haze program requirements submitted revised OAR 340–200–0035 approval, a State must demonstrate the under part C of the CAA. In the event Reference Materials as part of its ability to collect adequate fees. The of the establishment of a new NAAQS, Cleaner Air Oregon SIP submission. Oregon title V program included a however, the visibility and regional demonstration that fees would be haze program requirements under part C 4 The Cleaner Air Oregon program and rules, and adequate, and that the State would do not change. Thus, we find that there related rules, add public health-based protection collect fees from title V sources above from emissions of industrial toxic air contaminants is no new applicable requirement to the state’s existing air permitting regulatory the presumptive minimum in relating to visibility triggered under framework. The goal of the Cleaner Air Oregon accordance with 40 CFR 70.9(b)(2)(i). In CAA section 110(a)(2)(J) when a new program is to evaluate potential health risks to addition, we note that Oregon SIP- NAAQS becomes effective. people near commercial and industrial facilities approved regulations require fees for that emit regulated toxic air contaminants, Based on the above analysis, we are communicate those results to affected communities, purposes of major and minor NSR proposing to approve the Oregon SIP as and ultimately reduce those risks below health- permitting, as specified in OAR 340– meeting the requirements of CAA based standards. 216–0090 Sources Subject to ADCP and

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Fees, OAR 340–216–8010 Table 1— We intend to address the remainder of in the Unfunded Mandates Reform Act Activities and Sources, and OAR 340– the interstate transport requirements in of 1995 (Public Law 104–4); 216–8020 Table 2—Air Contaminant a separate, future action. In addition, we • Does not have Federalism Discharge Permits (fee schedule). are also proposing to approve into the implications as specified in Executive Therefore, we are proposing to conclude Oregon SIP, and incorporate by Order 13132 (64 FR 43255, August 10, that Oregon has satisfied the reference at 40 CFR part 52, subpart 1999); requirements of CAA section MM, a revision to Oregon’s • Is not an economically significant 110(a)(2)(L) for the ozone NAAQS. Administrative Rule 340–200–0035(1) regulatory action based on health or Reference Materials submitted as part of safety risks subject to Executive Order 110(a)(2)(M): Consultation/Participation the Cleaner Air Oregon SIP on 13045 (62 FR 19885, April 23, 1997); by Affected Local Entities • December 11, 2018. Is not a significant regulatory action CAA section 110(a)(2)(M) requires subject to Executive Order 13211 (66 FR States to provide for consultation and IV. Incorporation by Reference 28355, May 22, 2001); • participation in SIP development by In this document, we are proposing to Is not subject to requirements of local political subdivisions affected by include in a final rule, regulatory text section 12(d) of the National the SIP. that includes incorporation by Technology Transfer and Advancement State submission: The Oregon reference. In accordance with Act of 1995 (15 U.S.C. 272 note) because submission refers to the following laws requirements of 1 CFR 51.5, we are it does not involve technical standards; and regulations: proposing to incorporate by reference and • Does not provide the EPA with the • ORS 468.020 Rules and Standards the provisions described above in discretionary authority to address, as • ORS 468.035 Functions of Department Section V. Proposed Action. The EPA appropriate, disproportionate human paragraphs (a), (c), (f), and (g) has made, and will continue to make, health or environmental effects, using • ORS 468A.010 Policy paragraphs these documents generally available practicable and legally permissible (1)(b) and (c) electronically through https:// methods, under Executive Order 12898 • ORS 468A.025 Air Purity Standards; www.regulations.gov and in hard copy at the appropriate EPA office (see the (59 FR 7629, February 16, 1994). Air Quality Standards; Treatment and In addition, the SIP is not approved FOR FURTHER INFORMATION CONTACT Control of Emissions; Rules to apply on any Indian reservation land • ORS 468A.035 General section of this preamble for more information). or in any other area where the EPA or Comprehensive Plan an Indian tribe has demonstrated that a • ORS 468A.040 Permits; Rules • V. Statutory and Executive Orders tribe has jurisdiction. In those areas of ORS 468A.055 Notice Prior to Review Indian country, the rule does not have Construction of New Sources; Order tribal implications and will not impose Authorizing or Prohibiting Under the CAA, the Administrator is required to approve a SIP submission substantial direct costs on tribal Construction; Effect of No Order; governments or preempt tribal law as Appeal that complies with the provisions of the • CAA and applicable Federal regulations. specified by Executive Order 13175 (65 ORS 468A.070 Measurement and FR 67249, November 9, 2000). Testing of Contamination Sources; 42 U.S.C. 7410(k); 40 CFR 52.02(a). Rules Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 • ORS 468A.100–180 Regional Air EPA’s role is to approve State choices, Environmental protection, Air Quality Control Authorities provided that they meet the criteria of pollution control, Incorporation by • OAR 340–200 General Air Pollution the CAA. Accordingly, this proposed reference, Intergovernmental relations, Procedures and Definitions action merely approves State law as Lead, Nitrogen dioxide, Ozone, • OAR 340–204 Designation of Air meeting Federal requirements and does Particulate matter, Reporting and Quality Areas not impose additional requirements recordkeeping requirements, Sulfur • OAR 340–216 Air Contaminant beyond those imposed by State law. For oxides, Volatile organic compounds. Discharge Permits that reason, this proposed action: • Authority: 42 U.S.C. 7401 et seq. EPA analysis: The regulations cited by Is not a ‘‘significant regulatory Oregon were previously approved on action’’ subject to review by the Office Dated: February 25, 2019. December 27, 2011 (76 FR 80747) and of Management and Budget under Chris Hladick, provide for consultation and Executive Orders 12866 (58 FR 51735, Regional Administrator, Region 10. participation in SIP development by October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2019–04385 Filed 3–8–19; 8:45 am] local political subdivisions affected by January 21, 2011); BILLING CODE 6560–50–P • the SIP. We are proposing to approve Is not an Executive Order 13771 (82 the Oregon SIP as meeting the FR 9339, February 2, 2017) regulatory requirements of CAA section action because SIP approvals are ENVIRONMENTAL PROTECTION 110(a)(2)(M) for the 2015 ozone exempted under Executive Order 12866; AGENCY NAAQS. • Does not impose an information collection burden under the provisions 40 CFR Part 52 III. Proposed Action of the Paperwork Reduction Act (44 [EPA–R04–OAR–2017–0422; FRL–9990–68– The EPA is proposing to find the U.S.C. 3501 et seq.); Region 4] Oregon SIP meets the following CAA • Is certified as not having a section 110(a)(2) infrastructure elements significant economic impact on a Air Plan Approval; NC; Emission for the 2015 ozone NAAQS: (A), (B), (C), substantial number of small entities Control Standards, Open Burning, and (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), under the Regulatory Flexibility Act (5 Miscellaneous Revisions (L), and (M). This proposed action U.S.C. 601 et seq.); AGENCY: • Environmental Protection addresses only the interstate transport Does not contain any unfunded Agency (EPA). requirements of CAA sections mandate or significantly or uniquely ACTION: Proposed rule. 110(a)(2)(D)(i)(II), and 110(a)(2)(D)(ii). affect small governments, as described

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SUMMARY: The Environmental Protection I. Background covers existing nitric acid Agency (EPA) is proposing to approve On January 31, 2008, the State of manufacturing plants only, and the portions of a revision to the North North Carolina, through NCDENR,1 provision limiting NO2 emissions from Carolina State Implementation Plan submitted changes to the North Carolina sulfuric acid manufacturing plants (SIP) submitted by the State of North SIP for EPA approval. EPA is proposing remains unchanged. The provision Carolina through the North Carolina to approve changes to the following limiting NO2 emissions from existing Department of Environmental Quality regulations under 15A North Carolina nitric acid manufacturing plants is (formerly the North Carolina Administrative Code (NCAC) 02D, removed because at the time of the Department of Environment and Natural Section .0519, Control of Nitrogen regulations changes there were no nitric acid plants in the State (nor are there Resources (NCDENR)), Division of Air Dioxide and Nitrogen Oxides Emissions; any currently operating in the State). Quality, on January 31, 2008. The Section .0540, Particulates From Fugitive Non-Process Dust Emissions; Section .0519 is also amended by revision includes changes to emission adding a provision clarifying that control standards and open burning and Section .1907, Multiple Violations 2 boilers subject to emission standards regulations. The changes are part of Arising From a Single Episode. These changes are a part of North Carolina’s under regulations under Subchapter 2D North Carolina’s strategy to meet and of the North Carolina SIP, Sections maintain the national ambient air strategy to attain and maintain the NAAQS and are being proposed for .0524, New Source Performance quality standards (NAAQS). This action approval pursuant to section 110 of the Standards or .1418, New Generating is being taken pursuant to the Clean Air CAA. EPA has taken, will take, or, for Units, Large Boilers and Internal Act (CAA or Act) and its implementing various reasons, will not take separate Combustion Engines, must meet the regulations. action on all other changes submitted on requirements of those regulations instead of the requirements in Section DATES: Comments must be received on January 31, 2008.3 .0519. To demonstrate that this change or before April 10, 2019. II. Analysis of the State Submittals does not interfere with the maintenance ADDRESSES: Submit your comments, The revision that is the subject of this and attainment of the NAAQS, North identified by Docket ID No. EPA–R04– proposed rulemaking makes changes to Carolina submitted a noninterference OAR–2017–0422 at http:// emission control standard regulations demonstration supporting this change to www.regulations.gov. Follow the online under Subchapter 2D of the North its SIP on April 11, 2017.4 North instructions for submitting comments. Carolina SIP. These changes revise the Carolina confirmed in its Once submitted, comments cannot be applicability of nitrogen dioxide (NO2) noninterference demonstration that edited or removed from Regulations.gov. and nitrogen oxides emissions standards there are currently no nitric acid plants EPA may publish any comment received to nitric acid plants, amend definitions operating in the State, and any new to its public docket. Do not submit and expand the applicability of nitric acid plants with affected boilers electronically any information you provisions related to fugitive dust or engines will be required to comply consider to be Confidential Business emissions, and add a new open burning with the New Source Performance Standards or new generating units, large Information (CBI) or other information rule for multiple violations that can boilers and internal combustion engines whose disclosure is restricted by statute. occur from a single open burning event. The changes either do not interfere with Sections at .0524 and .1418 that are Multimedia submissions (audio, video, more stringent than the standards being etc.) must be accompanied by a written attainment and maintenance of the NAAQS or they have the effect of removed. EPA is proposing to find that comment. The written comment is strengthening the North Carolina SIP. the rationale in North Carolina’s considered the official comment and Detailed descriptions of the changes are noninterference demonstration should include discussion of all points below: sufficiently establishes that the you wish to make. EPA will generally 1. Section .0519, Control of Nitrogen revisions to Section .0519 will not not consider comments or comment Dioxide and Nitrogen Oxides Emissions interfere with attainment and contents located outside of the primary is amended by removing the provision maintenance of the NAAQS pursuant to 5 submission (i.e. on the web, cloud, or to limit NO2 emissions from nitric acid CAA section 110(l). other file sharing system). For manufacturing plants. This regulation 2. Section .0540, Particulates From additional submission methods, the full Fugitive Non-Process Dust Emissions is EPA public comment policy, 1 NCDENR is now the North Carolina Department amended to make the Section applicable information about CBI or multimedia of Environmental Quality. to all fugitive dust emissions instead of submissions, and general guidance on 2 In the table of North Carolina regulations only fugitive non-process dust federally approved into the SIP at 40 CFR emissions. Section .0540 requires that making effective comments, please visit 52.1770(c), 15A NCAC 02D is referred to as http://www2.epa.gov/dockets/ ‘‘Subchapter 2D Air Pollution Control the owner or operator of a facility shall commenting-epa-dockets. Requirements.’’ not cause or allow fugitive dust 3 On February 5, 2015 (80 FR 6455), EPA took emissions to cause or contribute to FOR FURTHER INFORMATION CONTACT: final action on 2D Section .1004. On July 18, 2017 substantive complaints or visible Nacosta C. Ward, Air Regulatory (82 FR 32767), EPA took direct final action on 2D emissions in excess of prescribed levels. Sections .1901, .1902 and .1903. EPA will be taking Management Section, Air Planning and separate action on 15A NCAC Sections 2D .1904 Preliminarily, EPA views the expanded Implementation Branch, Air, Pesticides and 2Q .0102. EPA is not taking action on 2D applicability of Section .0540 as SIP and Toxics Management Division, U.S. Sections .0516 and .0521, because the changes to strengthening. To effectuate this Environmental Protection Agency, these rules reference incinerator rules under CAA expanded applicability, the substitution sections 111(d) and 129 and 40 CFR part 60 and are Region 4, 61 Forsyth Street, SW, not a part of the federally-approved SIP. EPA is not Atlanta, Georgia 30303–8960. Ms. Ward taking action on changes to 2Q Section .0506 4 This noninterference demonstration is a part of can be reached via telephone at (404) because the changes reference a regulation not the docket for this action. approved into the SIP. Lastly, EPA is not taking 5 Section 110(l) requires that a revision to the SIP 562–9140, or via electronic mail at action on changes to 2D Sections .0524, .0960, not interfere with any applicable requirement [email protected]. .1201, .1202, .1208, .1211, and .2303 because the concerning attainment and reasonable further State withdrew these regulations from its January progress (as defined in section 171), or any other SUPPLEMENTARY INFORMATION: 31, 2008, submittal. applicable requirement of the Act.

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of the term ‘‘fugitive non-process dust regarding control of non-process fugitive attainment and maintenance of the emissions’’ with ‘‘fugitive dust dust emissions: Section .0506, Hot Mix NAAQS or any other applicable emissions’’ has been made throughout Asphalt Plants; Section .0509, Mica or requirement of the Act. the Section to reflect this change. Other Feldspar Processing Plants; Section 3. Section .1907, Multiple Violations changes to this regulation are as follows: .0510, Sand, Gravel, or Crushed Stone Arising From a Single Episode is a new • The title has been changed from Operations; and Section .0511, Light open burning regulation being added to ‘‘Particulates From Fugitive Non- Weight Aggregate Processes. The the North Carolina SIP. North Carolina Process Dust Emissions’’ to amendments to the regulation now added this provision to allow ‘‘Particulates From Fugitive Dust expand its applicability to require assessment of multiple civil penalties Emission Sources;’’ sources with no permit, and that are not with respect to a single open burning • The term ‘‘fugitive non-process dust subject to one of the aforementioned event because multiple violations may emissions’’ has been modified to four categories, to abate fugitive dust occur during a single episode. EPA eliminate ‘‘non-process,’’ and the that is due to poor collection and/or believes, as a preliminary matter, that corresponding definition has been control systems or non-process fugitive this new regulation is SIP-strengthening modified; emissions. The focus of the regulation is and on this basis EPA is proposing • The terms ‘‘excess fugitive dust no longer limited to non-process approval of North Carolina’s request to emissions,’’ ‘‘production of crops,’’ and fugitive emissions, and the amendments add this regulation to its SIP. ‘‘public parking,’’ along with definitions eliminate any differentiation between III. Incorporation by Reference thereof, have been added, and the fugitive non-process and fugitive definitions have been renumbered to process emissions. In this document, EPA is proposing to reflect these additions; The other major change to the include in a final EPA rule regulatory • A provision clearly identifying regulation includes the addition of text that includes incorporation by certain activities that are excluded from reference method 22 for visible reference. In accordance with the regulation’s expanded applicability emissions determination. Compliance requirements of 1 CFR 51.5, EPA is has been added under paragraph (b). with the regulation was previously proposing to incorporate by reference These activities include: Abrasive determined by the presence of physical the North Carolina regulations under blasting covered under Subchapter 2D evidence to verify a complaint (i.e., dust Subchapter 2D Air Pollution Control Section .0541; cotton ginning operations that must be attributed solely to a Requirements, Section .0519, Control of covered under Subchapter 2D Section source). The addition of reference Nitrogen Dioxide and Nitrogen Oxides .0542; non-production military base method 22 allows an inspector to Emissions; Section .0540, Particulates operations; land disturbing activities; determine compliance based on any From Fugitive Dust Emission Sources; and public roads, public parking, timber opacity at the property boundary that and Section .1907, Multiple Violations harvesting, or production of crops. As a occurs more than six minutes in an hour Arising from a Single Episode, which preliminary matter, EPA believes the and includes all fugitive dust. The had a state effective date of July 1, 2007. exclusion of these activities from the amendments also include the processes These changes are proposed to revise expanded applicability of .0540 does that need to be followed when excess the applicability of NO2 and nitrogen not result in the North Carolina SIP fugitive emissions or two (or more) oxides emissions standards to nitric being less stringent. This is because, in substantive complaints are received. acid plants, amend definitions and the the current North Carolina SIP, these The amendment requires immediate applicability of provisions related to activities are already not subject to the abatement measures for identified fugitive dust emissions, and add a new requirements of Section .0540 due to the fugitive dust emission sources within 30 open burning rule for multiple fact that applicability of the current SIP- days and permanent plans for fugitive violations that can occur from a single approved regulation is limited to non- dust abatement within 90 days (60 days open burning event. EPA has made, and process fugitive dust emissions from from the first report). will continue to make, these materials only four specified source categories EPA has preliminarily determined generally available through and the activities now proposed for that the changes to Section .0540 have www.regulations.gov and at the EPA explicit exclusion in the new version of the effect of strengthening the SIP by Region 4 office (please contact the the regulation were effectively excluded covering both process and non-process person identified in the FOR FURTHER under the old regulation. fugitive dust from facilities subject to an INFORMATION CONTACT section of this • The requirements related to emission standard or a permit, whereas preamble for more information). substantive complaints regarding the current SIP-approved version of the fugitive dust emissions from facilities regulation applies only to non-process IV. Proposed Action have been revised to provide clarity to fugitive dust from four source For the reasons described above, EPA the requirements that an owner or categories. EPA also believes, as a is proposing to approve the operator must meet in order to comply preliminary matter, that the aforementioned changes to the North with the regulation. The regulation is amendments related to the specified Carolina SIP submitted by the State of amended by adding an objective method exclusions do not make the SIP less North Carolina on January 31, 2008, (reference method 22) for determining stringent because the excluded activities pursuant to section 110 because these opacity at the property boundary to were already effectively excluded under changes are consistent with the CAA. assist inspectors in application of the the old regulation. The changes also regulation. The regulation is also provide clarity to definitions, V. Statutory and Executive Order amended to include the processes that exclusions, and the requirements Reviews need to be followed when excess applicable to substantive complaints. Under the CAA, the Administrator is fugitive emissions substantive For the reasons noted above, EPA is required to approve a SIP submission complaints are received. proposing approval of the changes to that complies with the provisions of the As noted above, the current SIP- this regulation and proposing to find Act and applicable Federal regulations. approved version of Section .0540 that these amendments to Section .0540 See 42 U.S.C. 7410(k); 40 CFR 52.02(a). applies to only four source categories and the revisions to the SIP satisfy CAA Thus, in reviewing SIP submissions, that reference regulation Section .0540 section 110(l) and do not interfere with EPA’s role is to approve state choices,

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provided that they meet the criteria of List of Subjects in 40 CFR Part 52 provided below, no later than 5 p.m. on the CAA. This action merely proposes to Environmental protection, Air May 6, 2019. approve state law as meeting Federal pollution control, Carbon monoxide, ADDRESSES: In commenting, please refer requirements and does not impose Incorporation by reference, to file code CMS–9921–NC. Because of additional requirements beyond those Intergovernmental relations, Lead, staff and resource limitations, we cannot imposed by state law. For that reason, Nitrogen dioxide, Ozone, Particulate accept comments by facsimile (FAX) this proposed action: matter, Reporting and recordkeeping transmission. • Is not a significant regulatory action requirements, Sulfur oxides, Volatile Comments, including mass comment subject to review by the Office of organic compounds. submissions, must be submitted in one Management and Budget under of the following three ways (please Authority: 42 U.S.C. 7401 et seq. Executive Orders 12866 (58 FR 51735, choose only one of the ways listed): October 4, 1993) and 13563 (76 FR 3821, Dated: February 25, 2019. 1. Electronically. You may submit January 21, 2011); Mary S. Walker, electronic comments on this regulation • Is not an Executive Order 13771 (82 Acting Regional Administrator, Region 4. to http://www.regulations.gov. Follow FR 9339, February 2, 2017) regulatory [FR Doc. 2019–04383 Filed 3–8–19; 8:45 am] the ‘‘Submit a comment’’ instructions. action because SIP approvals are BILLING CODE 6560–50–P 2. By regular mail. You may mail exempted under Executive Order 12866; written comments to the following address ONLY: Centers for Medicare & • Does not impose an information Medicaid Services, Department of collection burden under the provisions DEPARTMENT OF HEALTH AND Health and Human Services, Attention: of the Paperwork Reduction Act (44 HUMAN SERVICES CMS–9921–NC, P.O. Box 8016, U.S.C. 3501 et seq.); Baltimore, MD 21244–8016. • Is certified as not having a Centers for Medicare & Medicaid Services Please allow sufficient time for mailed significant economic impact on a comments to be received before the substantial number of small entities 42 CFR Chapter IV close of the comment period. under the Regulatory Flexibility Act (5 3. By express or overnight mail. You U.S.C. 601 et seq.); Office of the Secretary may send written comments to the • Does not contain any unfunded following address ONLY: Centers for mandate or significantly or uniquely 45 CFR Subtitle A Medicare & Medicaid Services, affect small governments, as described Department of Health and Human in the Unfunded Mandates Reform Act [CMS–9921–NC] Services, Attention: CMS–9921–NC, of 1995 (Pub. L. 104–4); Mail Stop C4–26–05, 7500 Security RIN 0938–ZB45 • Does not have Federalism Boulevard, Baltimore, MD 21244–1850. implications as specified in Executive Patient Protection and Affordable Care For information on viewing public Order 13132 (64 FR 43255, August 10, Act; Increasing Consumer Choice comments, see the beginning of the 1999); Through the Sale of Individual Health SUPPLEMENTARY INFORMATION section. • Is not an economically significant Insurance Coverage Across State FOR FURTHER INFORMATION CONTACT: Cam regulatory action based on health or Lines Through Health Care Choice Moultrie Clemmons, (206) 615–2338. safety risks subject to Executive Order Compacts SUPPLEMENTARY INFORMATION: 13045 (62 FR 19885, April 23, 1997); Submission of Comments: All AGENCY: Centers for Medicare & • Is not a significant regulatory action submissions received must include the Medicaid Services (CMS), HHS. subject to Executive Order 13211 (66 FR Agency file code CMS–9921–NC for this 28355, May 22, 2001); ACTION: Request for information. notice. Inspection of Public Comments: All • Is not subject to requirements of SUMMARY: This request for information comments received before the close of section 12(d) of the National (RFI) solicits comment from interested the comment period are available for Technology Transfer and Advancement parties on how to eliminate barriers to viewing by the public, including any Act of 1995 (15 U.S.C. 272 note) because and enhance health insurance issuers’ personally identifiable or confidential application of those requirements would ability to sell individual health business information that is included in be inconsistent with the CAA; and insurance coverage across state lines, • a comment. We post all comments Does not provide EPA with the primarily pursuant to Health Care received before the close of the discretionary authority to address, as Choice Compacts. This RFI was written comment period on the following appropriate, disproportionate human in connection with Executive Order website as soon as possible after they health or environmental effects, using 13813, ‘‘Promoting Healthcare Choice have been received: http:// practicable and legally permissible and Competition Across the United www.regulations.gov. Follow the search methods, under Executive Order 12898 States,’’ which directs the instructions on that website to view (59 FR 7629, February 16, 1994). Administration, including the public comments. The SIP is not approved to apply on Department of Health and Human any Indian reservation land or in any Services (HHS), to the extent consistent I. Background other area where EPA or an Indian tribe with law, to facilitate the purchase of On October 12, 2017, President has demonstrated that a tribe has health insurance coverage across state Trump issued Executive Order 13813, jurisdiction. In those areas of Indian lines. HHS is committed to increasing ‘‘Promoting Healthcare Choice and country, the rule does not have tribal health insurance coverage options under Competition Across the United States,’’ implications as specified by Executive Title I of the Patient Protection and which states the policy of the Order 13175 (65 FR 67249, November 9, Affordable Care Act. Administration will be ‘‘to the extent 2000), nor will it impose substantial DATES: Comment Date: To be assured consistent with law, to facilitate the direct costs on tribal governments or consideration, comments must be purchase of insurance across State lines preempt tribal law. received at one of the addresses and the development and operation of a

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healthcare system that provides high- Act (PPACA) (Pub. L. 111–148) since 1333 of the PPACA or created a Health quality care at affordable prices for the section 1333 provides a specific role for Care Choice Compact, and no issuer has American people.’’ 1 The Executive the federal government. offered health insurance coverage Order reflects the Administration’s Section 1333 of the PPACA provides through a Health Care Choice Compact. intention to put downward pressure on for the establishment of a regulatory However, four states (Georgia, Maine, premiums by providing more framework 3 that allows two or more Oklahoma, and Wyoming) have passed meaningful choices for consumers and states to enter into a Health Care Choice laws authorizing the sale of health increasing competition. The Department Compact. For plan years beginning on or insurance coverage across state lines. of Health and Human Services (HHS) after January 1, 2016, under a Health Under Georgia law,6 insurers are intends to work with states to innovate Care Choice Compact, a health authorized to offer individual accident within the health insurance market by insurance issuer could offer one or more and sickness insurance policies in considering additional mechanisms for qualified health plans (QHPs) 4 in the Georgia that have been approved for the purchase of individual health individual health insurance market in issuance in other states, provided insurance coverage that are less any state included in the compact. The specified minimum criteria are met. burdened by regulatory requirements QHP generally would only be subject to Under Maine law,7 domestic insurers or and will therefore simplify operations the laws and regulations of the state in licensed health maintenance and lower costs for health insurance which the health insurance coverage organizations that are authorized to issuers, with the ultimate goal of was written or issued.5 Section 1333 of transact individual health insurance in lowering prices for coverage and the PPACA does not address the sale of Maine are permitted to offer for sale in increasing options for United States group health insurance coverage across Maine an individual health insurance consumers. state lines or the sale of individual policy duly authorized for sale in Executive Order 13813 further directs market policies that are not QHPs. In Connecticut, Massachusetts, New the Secretary of HHS, in consultation order to enter into a Health Care Choice Hampshire, Rhode Island, or Vermont with the Secretaries of the Treasury, Compact, a state must pass legislation, by a parent or corporate affiliate, Labor, and the Federal Trade after March 23, 2010, specifically provided specified minimum criteria are Commission, within 180 days from the authorizing it to do so. To date, no states met. Oklahoma law 8 allows issuers date of the Executive Order, and every have passed legislation authorizing the authorized to engage in the business of 2 years thereafter, to provide a report to state to enter into a Health Care Choice insurance in a state which has a the President that details the extent to Compact as contemplated by section legislatively approved compact with which existing state and federal laws, Oklahoma, and not so authorized in regulations, guidance, requirements, 3 Section 1333 of the PPACA requires that no later Oklahoma, to issue individual accident than July 1, 2013, the Secretary of HHS, in and health insurance policies in and policies fail to conform to the consultation with the National Association of policies set forth in section 1 of the Insurance Commissioners, issue regulations for the Oklahoma, provided specified Executive Order, including the creation of Health Care Choice Compacts. To date, minimum criteria are met. Wyoming facilitation of the purchase of insurance HHS has not promulgated rules implementing law 9 allows insurers authorized to section 1333 of the PPACA. engage in the business of insurance in across state lines, and identifies actions 4 Qualified health plan, or QHP, means a health that states or the federal government plan that has in effect a certification that it meets a state identified by the Commissioner could take in furtherance of the policies the standards described in subpart C of part 156 as having insurance laws sufficiently set forth in section 1 of the Executive issued or recognized by each Exchange through consistent with Wyoming laws, and so which such plan is offered in accordance with the authorized in Wyoming, to issue in Order. Comments provided in response process described in subpart K of part 155. See 45 to this Request for Information (RFI) CFR 155.20. Wyoming selected comprehensive may help to inform future reports. 5 Additionally, the issuer would be subject to the individual medical and surgical While there is no federal law that market conduct, unfair trade practices, network insurance policies that have been generally prohibits the sale of health adequacy, and consumer protection standards approved in other such states, provided (including standards relating to rating), including specified minimum criteria are met. insurance coverage across state lines, addressing disputes as to the performance of the the McCarran-Ferguson Act of 1945 2 contract, of the state in which the policyholder Three other states have passed laws to establishes states as the primary resides. The health insurance issuer must be study the feasibility of selling insurance regulators of insurance and declares that licensed in or submit to the jurisdiction and be across state lines.10 Since 2010, bills subject to the aforementioned standards of each that would permit the purchase of a federal law cannot preempt any state state in which it offers health insurance coverage law that regulates the business of under the compact. In addition, the health health insurance coverage across state insurance, or that imposes a fee or tax insurance issuer must notify the policyholder that lines have been filed but not passed in 11 upon such business, unless such federal the coverage may not otherwise be subject to the an additional 11 states. laws of the state in which the policyholder resides. law specifically relates to the business Separately, ‘‘Interstate Health Under section 1333 of the PPACA, HHS has the Compacts,’’ also known as ‘‘Freedom of insurance. While several mechanisms authority to approve Health Care Choice Compacts to facilitate the sale of individual health if it determines that they would provide coverage 6 Ga. Code Ann., sec. 33–29A–30, et seq. insurance coverage across state lines that would be at least as comprehensive as health insurance coverage sold through the Exchanges that 7 Me. Rev. Stat. tit. 24–A, sec. 405–B. exist, such as Interstate Health offer essential health benefits, provide coverage and 8 Okla. Stat. Ann. tit. 36, sec. 4414. Compacts enacted through state cost-sharing protections against excessive out-of- 9 Wyo. Stat. Ann. sec. 26–18–201, et seq. legislation and the allowance of the sale pocket spending at least as affordable as coverage 10 Kentucky (2012 Ken. H.B. 265. Sec. 10), Rhode of insurance from out-of-state insurers under Title I of the PPACA, provide coverage to at Island (RI General Law 27–67), and Washington least a comparable number of residents as coverage (Chapter 303, Laws of the State of Washington 2008, by a state, this RFI primarily explores under Title I of the PPACA, not increase the federal section 8, (SSB 5261)). options related to Health Care Choice deficit, and not weaken the enforcement of the laws 11 Arizona (SB 1593 of 2011), Indiana (HB 1063 Compacts related to section 1333 of the and regulations of any state that is included in the of 2011 and HB 1013 of 2013), Minnesota (H 1859 Patient Protection and Affordable Care compact that would still apply to the issuer in and S 349 of 2015), Montana (H 280 of 2013), New states in which the purchaser of coverage resides Hampshire (H 327 and S 150 of 2011), New Jersey that is not the state in which the coverage was (A 1558, A 4364, and S 2806 of 2017), Pennsylvania 1 https://www.whitehouse.gov/the-press-office/ issued or written under the Health Care Choice (HB 47 of 2011–12 and SB 346 of 2013–14), South 2017/10/12/presidential-executive-order-promoting- Compact requirements. To date, HHS has not Carolina (S 185 of 2011 and S 886 of 2014), Texas healthcare-choice-and-competition. received any requests for approval of a Health Care (HCR 90 of 2017), Washington (S 5540 of 2013–14), 2 15 U.S.C. 1011–1015. Choice Compact. and West Virginia (HB 2801 and SB 419 of 2011).

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Health Compacts,’’ are another type of A. Expanding Access to Health pursuant to such state agreements help compact, advocated by Competitive Insurance Coverage Across State Lines facilitate the sale of individual health Governance Action and the American 1. What are the practical advantages insurance coverage across state lines? Legislative Exchange Council, which and disadvantages of allowing health Consider whether the type of coverage could provide broader interstate health insurance issuers to sell individual is relevant to, or would impact, the form markets than the Health Care Choice health insurance coverage across state or nature of the agreements utilized by Compacts under section 1333 of the lines through Health Care Choice states. PPACA. Interstate Health Compacts Compacts? B. Operationalizing the Sale of Health include a provision allowing for the 2. What actions could the federal Insurance Coverage Across State Lines suspension of the operation of all government undertake to facilitate the 1. Is the structure of Health Care federal laws, rules, regulations, and state implementation of the sale of Choice Compacts contemplated by orders regarding health care that are individual health insurance coverage section 1333 of the PPACA effective in across state lines pursuant to section inconsistent with the laws and facilitating the sale of individual health 1333 of the PPACA? regulations adopted by the member state insurance coverage across state lines? 3. While four states have passed laws pursuant to the compact and aim to To date, no states have passed laws specifically authorizing the sale of secure federal funding that is not specifically authorizing the state to individual health insurance across state conditional on any action of the member enter into a Health Care Choice Compact lines, we understand that no action to states.12 The creation of any such under section 1333 of the PPACA. Why implement these laws has been taken. Interstate Health Compact requires have states not enacted such laws? Are Additionally, nine states have enacted formal Congressional approval pursuant there any necessary revisions to section laws authorizing the creation of to Article 1, Section 10, of the United to 1333 of the PPACA that would Interstate Health Compacts, yet we States Constitution. As of January 2017, facilitate the sale of health insurance understand that no such Compact has at least nine states 13 have enacted coverage across state lines? been created. Why have states not taken 2. How difficult is it for small and/or Interstate Health Compacts; however, no advantage of these opportunities? Are regional health insurance issuers to requests for Congressional approval of there federal or state statutory and/or develop provider networks in multiple the Interstate Health Compacts have regulatory barriers that prevent states states that could be used for health been submitted. from doing so? insurance coverage sold pursuant to No health insurance issuers or 4. Should HHS promote the sale of Health Care Choice Compacts, and what consumers appear to have access to the QHPs through Health Care Choice are the causes of any such difficulties? increased flexibility that could be Compacts across state lines and why? For individual market health insurance afforded by state laws related to the sale 5. How would the sale of individual health insurance coverage across state issuers that already have a national of health insurance coverage across state provider network, what are the lines. lines through Health Care Choice Compacts impact access to QHPs? We challenges for selling individual health II. Solicitation of Public Comments are particularly interested in the impact insurance coverage across state lines on counties that do not have many through Health Care Choice Compacts? HHS solicits public comments about options for QHP coverage in their In what ways could the federal actions that could further facilitate current markets and whether the sale of government facilitate expanding and selling individual health insurance health insurance coverage across state strengthening provider networks? coverage across state lines. Comments lines would increase or decrease the 3. How would states allowing health are requested in response to the number of issuers offering QHPs in insurance issuers to sell individual questions below with respect to these counties. health insurance coverage across state individual health insurance coverage. 6. Are there mechanisms, such as lines through Health Care Choice The Administration recognizes and memoranda of understanding or other Compacts (if the health insurance strongly supports the fundamental role contractual arrangements, other than coverage only covers health benefits in states play in regulating insurance. Health Care Choice Compacts accordance with federal law and the Providing states with flexibility to established pursuant to section 1333 of laws of the state where the coverage is address the unique needs of their health the PPACA, that states could utilize to written) impact access to and the utilization of medical services? insurance markets is a key component facilitate the sale of individual health 4. What new and existing consumer of achieving the goals stated in the insurance coverage across state lines? protections are needed to protect Executive Order. This RFI is not Would selling health insurance coverage such as short-term, limited-duration policyholders that reside in one state intended to inform policy which will but purchase individual health preempt state law or otherwise impede insurance; state-regulated farm bureau coverage; or insurance licensed by a insurance coverage from a health the role states play as the primary insurance issuer in another state regulators of insurance. state as defined under section 2791(d)(14) of the Public Health Service territories. The letter states the definition of ‘‘state’’ 12 See e.g., Ala. Code sec. 22–21A; Ga. Code Ann. Act (PHS Act) (to include each of the set forth in the PHS Act will apply only to PHS Act sec. 31–48–1; Ind. Code sec. 12–16.5–1–1, et seq.; several states, the District of Columbia, requirements in place prior to the enactment of the Kan. Stat. Ann. 65–6230; Mo. Rev. Stat. sec. Puerto Rico, the Virgin Islands, Guam, PPACA, or subsequently enacted in legislation that 191.025; Okla. St. Ann. tit. 63, sec. 7300; S.C. Code American Samoa, and the Northern does not include a separate definition of ‘‘state’’ (as Ann. sec. 44–10–10, et seq.; and Tex. Ins. Code 14 the PPACA does). This analysis applies only to Mariana Islands) to individuals health insurance that is governed by the PHS Act. Ann. sec. 5002.001. The legality of suspending the The PHS Act, the Employee Retirement Income operation of federal law is not addressed herein, but 14 On July 14, 2016, the CMS Administrator sent Security Act (ERISA), and the Internal Revenue this type of provision likely will face legal letters to the territories stating the new market Code (Code) requirements applicable to group challenges. reforms in the PHS Act enacted in title I of the health plans continue to apply to such coverage. 13 Alabama, Georgia, Indiana, Kansas, Missouri, PPACA are governed by the definition of ‘‘state’’ set The letters are available at https://www.cms.gov/ Oklahoma, South Carolina, Texas, and Utah forth in that title, and therefore do not apply to CCIIO/Resources/Letters/index.html#HealthMarket (expired July 2014). issuers of health insurance coverage in the Reforms.

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pursuant to a Health Care Choice Compacts have on health insurance III. Collection of Information Compact? How would allowing health coverage premiums for purchasers of Requirements insurance issuers to sell individual insurance across state lines and for health insurance coverage across state policyholders purchasing in-state This document does not impose lines impact the ability of state insurance in the state where the across- information collection requirements, regulators to assist consumers or impact state-lines purchasers live or in the state that is, reporting, recordkeeping or the ability of state courts to resolve legal in which the issuer is located? Would third-party disclosure requirements. disputes when the policyholder resides the impact be different for policyholders This RFI constitutes a general in a state other than that in which the in different states? solicitation of comments. In accordance policy was written, pursuant to a Health 3. What impact would the sale of with the implementing regulations of Care Choice Compact? health insurance coverage across state the Paperwork Reduction Act (PRA) at 5. To what extent, if any, would the lines pursuant to Health Care Choice 5 CFR 1320.3(h)(4), information subject sale of individual health insurance Compacts have on policyholders’ out-of- to the PRA does not generally include coverage across state lines pursuant to a pocket expenses? Would the impact be ‘‘facts or opinions submitted in response Health Care Choice Compact positively different for different policyholders? to general solicitations of comments or negatively impact the following 4. What impact would the sale of from the public, published in the populations: Persons with pre-existing health insurance coverage across state Federal Register or other publications, conditions; persons with disabilities; lines pursuant to Health Care Choice regardless of the form or format thereof, persons with chronic physical health Compact have on a health insurance provided that no person is required to conditions; expectant mothers; issuer’s operating costs? supply specific information pertaining 5. What impact would the sale of newborns; American Indians and Alaska to the commenter, other than that health insurance coverage across state Natives and tribal entities; veterans; and necessary for self-identification, as a lines pursuant to Health Care Choice persons with behavioral health Compacts have on market participation condition of the agency’s full conditions, including both mental in each state? consideration of the comment.’’ health and substance use disorder 6. What impact would the sale of Consequently, there is no need for conditions? health insurance coverage across state review by the Office of Management and 6. In general, which statutes or lines pursuant to Health Care Choice Budget under the authority of the regulations of the issuing state should Compacts have on competition and the Paperwork Reduction Act of 1995 (44 apply to an individual market policy viability of health insurance issuers that U.S.C. 3501, et seq.). sold in another state pursuant to a elect not to sell health insurance IV. Response to Comments Health Care Choice Compact, and which coverage across state lines? statutes or regulations, if any, of the 7. What impact would the sale of Because of the large number of public state in which the policy is sold should health insurance coverage across state comments we normally receive on apply? To what extent should policies lines pursuant to Health Care Choice Federal Register documents, we are not being sold in another state pursuant to Compacts have on health care cost able to acknowledge or respond to them a Health Care Choice Compact be growth and medical inflation? individually. We will consider all required to cover the state-required 8. What impact would the sale of comments we receive by the date and benefits of that state, and to what extent health insurance coverage across state time specified in the DATES section of should such policies be required to lines pursuant to Health Care Choice this preamble, and, in the event we cover the state-required benefits of the Compacts have on consolidation of issue a subsequent document, we will issuing state? health insurance issuers? respond to the comments in the 9. What impact would the sale of C. Financial Impact of Selling Health preamble to that document. health insurance coverage across state Insurance Coverage Across State Lines lines pursuant to Health Care Choice Dated: January 28, 2019. 1. What policies, including how Compacts have on the market risk pools Seema Verma, premiums and rates are established and of the states where the health insurance Administrator, Centers for Medicare & reviewed, and how risk is pooled, issuer is domiciled and where the Medicaid Services. should be in place with respect to rating policyholder resides? Dated: February 14, 2019. and pricing of health insurance coverage 10. What impact would the sale of sold across state lines pursuant to health insurance coverage across state Alex M. Azar II, Health Care Choice Compacts? lines pursuant to Health Care Choice Secretary, Department of Health and Human 2. What impact would the sale of Compacts have on the size and Services. health insurance coverage across state composition of the uninsured [FR Doc. 2019–04270 Filed 3–6–19; 4:15 pm] lines pursuant to Health Care Choice population? BILLING CODE 4120–01–P

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Notices Federal Register Vol. 84, No. 47

Monday, March 11, 2019

This section of the FEDERAL REGISTER potential persons who are to respond to ACTION: Notice; request for comment. contains documents other than rules or the collection of information that such proposed rules that are applicable to the persons are not required to respond to SUMMARY: This notice announces a public. Notices of hearings and investigations, the collection of information unless it public comment period on the committee meetings, agency decisions and displays a currently valid OMB control information collection requests (ICRs) rulings, delegations of authority, filing of number. associated with the interpretations of petitions and applications and agency provisions of the Act or any regulation statements of organization and functions are Farm Service Agency codified in the Code of Federal examples of documents appearing in this section. Title: Measurement Service Records. Regulations (Final Agency OMB Control Number: 0560–0260. Determination) and interpretations of Summary of Collection: This policy provision not codified in the DEPARTMENT OF AGRICULTURE collection of information is authorized Code of Federal Regulations or any by 7 CFR part 718 and described in FSA procedure used in the administration of Submission for OMB Review; Handbook 2–CP. If a producer requests the Federal crop insurance program Comment Request measurement services, it becomes (FCIC interpretation). necessary for the producer to provide DATES: Written comments on this notice March 6, 2019. certain information which is collected will be accepted until close of business The Department of Agriculture has on the FSA–409, Measurement Service May 10, 2019. submitted the following information or 409 A, Measurement Service Request collection requirement(s) to OMB for ADDRESSES: FCIC prefers that comments Register. The collection of this review and clearance under the be submitted electronically through the information is necessary to fulfill the Paperwork Reduction Act of 1995, Federal eRulemaking Portal. You may producer’s request for measurement Public Law 104–13. Comments are submit comments, identified by Docket required regarding (1) whether the services. Producers may request acreage ID No. FCIC–19–0001, by any of the collection of information is necessary or production measurement services. following methods: • for the proper performance of the Need and Use of the Information: The Federal eRulemaking Portal: http:// functions of the agency, including Farm Service Agency (FSA) will collect www.regulations.gov. Follow the whether the information will have the following information that the instructions for submitting comments. • practical utility; (2) the accuracy of the producer is required to provide on the Mail: Director, Product agency’s estimate of burden including FSA–409 and FSA 409 A: Farm serial Administration and Standards Division, the validity of the methodology and number, program year, farm location, Risk Management Agency, United States assumptions used; (3) ways to enhance contact person, and type of service Department of Agriculture, P.O. Box the quality, utility and clarity of the request (acreage or production). The 419205, Kansas City, MO 64133–6205. information to be collected; and (4) collected information is used to create a All comments received, including ways to minimize the burden of the record of measurement service requests those received by mail, will be posted collection of information on those who and cost to the producer. without change to http:// are to respond, including through the Description of Respondents: Farms. www.regulations.gov, including any use of appropriate automated, Number of Respondents: 135,000. personal information provided, and can electronic, mechanical, or other Frequency of Responses: Reporting: be accessed by the public. All comments technological collection techniques or On occasion; Weekly; Monthly. must include the agency name and other forms of information technology. Total Burden Hours: 33,750. docket number or Regulatory Comments regarding this information Ruth Brown, Information Number (RIN) for this rule. collection received by April 10, 2019 Departmental Information Collection For detailed instructions on submitting will be considered. Written comments Clearance Officer. comments and additional information, see http://www.regulations.gov. If you should be addressed to: Desk Officer for [FR Doc. 2019–04334 Filed 3–8–19; 8:45 am] Agriculture, Office of Information and are submitting comments electronically BILLING CODE 3410–05–P Regulatory Affairs, Office of through the Federal eRulemaking Portal Management and Budget (OMB), New and want to attach a document, we ask Executive Office Building, 725 17th DEPARTMENT OF AGRICULTURE that it be in a text-based format. If you Street NW, Washington, DC 20502. want to attach a document that is a Commenters are encouraged to submit Federal Crop Insurance Corporation scanned Adobe PDF file, it must be their comments to OMB via email to: scanned as text and not as an image, [Docket No. FCIC–19–0001] [email protected] or thus allowing FCIC to search and copy fax (202) 395–5806 and to Departmental Information Collection Request; certain portions of your submissions. Clearance Office, USDA, OCIO, Mail Interpretations of Statutory and For questions regarding attaching a Stop 7602, Washington, DC 20250– Regulatory Provisions and Written document that is a scanned Adobe PDF 7602. Copies of the submission(s) may Interpretations of FCIC Procedures; file, please contact the RMA Web be obtained by calling (202) 720–8958. Notice of Request for Renewal of a Content Team at (816) 823–4694 or by An agency may not conduct or Currently Approved Information email at [email protected]. sponsor a collection of information Collection Privacy Act: Anyone is able to search unless the collection of information the electronic form of all comments displays a currently valid OMB control AGENCY: Federal Crop Insurance received for any dockets by the name of number and the agency informs Corporation, USDA. the person submitting the comment (or

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signing the comment, if submitted on (agents, loss adjusters, employees, print at https://www.fsis.usda.gov/wps/ behalf of an association, business, labor contractors or legal counsel) with portal/fsis/topics/regulatory- union, etc.). You may review the agreement with FCIC. compliance/compliance-guides-index complete User Notice and Privacy Estimated annual number of once copies of the guideline have been Notice for Regulations.gov at http:// respondents: 30. published. www.regulations.gov/#!privacyNotice. Estimated annual number of FSIS invites interested persons to SUPPLEMENTARY INFORMATION: responses per respondent: 1. submit comments on this guideline. Estimated annual number of Title: Interpretations of Statutory and Comments may be submitted by one of responses: 30. Regulatory Provisions and Written the following methods: Estimated total annual burden hours • Federal eRulemaking Portal: This Interpretations of FCIC Procedures. on respondents: 240. OMB Number: 0563–0055. website provides the ability to type Comments are invited on: (1) Whether short comments directly into the Expiration Date of Approval: May 31, the proposed collection of information comment field on this web page or 2019. is necessary for the proper performance attach a file for lengthier comments. Go Type of Request: Extension with a of the functions of the agency, including to http://www.regulations.gov. Follow revision. whether the information will have the on-line instructions at that site for Abstract: FCIC is proposing to renew practical utility; (2) the accuracy of the submitting comments. the currently approved information agency’s estimate of the burden of the • Mail, including CD–ROMs, etc.: collection, OMB Number 0563–0055. It proposed collection information; (3) Send to Docket Clerk, U.S. Department is currently up for renewal and ways to enhance the quality, utility, and of Agriculture, Food Safety and extension for three years. The clarity of the information to be Inspection Service, 1400 Independence information collection requirements for collected; and (4) ways to minimize the Avenue SW, Mailstop 3758, Room 6065, this renewal package are necessary for burden of the collection of information FCIC to provide an interpretation of Washington, DC 20250–3700. on those who are to respond, through • request for a Final Agency use, as appropriate, of automated, Hand- or courier-delivered Determination and an FCIC electronic, mechanical, or other submittals: Deliver to 1400 interpretation. This data is used to collection technologies, e.g., permitting Independence Avenue SW, Room 6065, administer the provisions of 7 CFR part electronic submission of responses. Washington, DC 20250–3700. 400, subpart X in accordance with the All responses to this notice will be Instructions: All items submitted by Federal Crop Insurance Act, as summarized and included in the request mail or electronic mail must include the amended. for OMB approval. All comments will Agency name and docket number FSIS– We are asking the Office of also become a matter of public record. 2018–0034. Comments received in Management and Budget (OMB) to response to this docket will be made extend its approval of our use of this Martin R. Barbre, available for public inspection and information collection activity for an Manager, Federal Crop Insurance posted without change, including any Corporation. additional 3 years. personal information, to http:// The purpose of this notice is to solicit [FR Doc. 2019–04279 Filed 3–8–19; 8:45 am] www.regulations.gov. comments from the public concerning BILLING CODE 3410–08–P Docket: For access to background this information collection activity. documents or comments received, call These comments will help us: (202)720–5627 to schedule a time to DEPARTMENT OF AGRICULTURE (1) Evaluate whether the proposed visit the FSIS Docket Room at 1400 Independence Avenue SW, Room 6065, collection of information is necessary Food Safety and Inspection Service for the proper performance of the Washington, DC 20250–3700. functions of the agency, including [Docket No. FSIS–2018–0034] FOR FURTHER INFORMATION CONTACT: whether the information has practical Roberta Wagner, Assistant Availability of FSIS Guideline for utility; Administrator, Office of Policy and Industry Response to Customer (2) Evaluate the accuracy of the Program Development; Telephone: (202) Complaints agency’s estimate of the burden of the 205–0495. proposed collection of information; AGENCY: Food Safety and Inspection SUPPLEMENTARY INFORMATION: (3) Enhance the quality, utility, and Service, USDA. Background clarity of the information to be ACTION: Notice of availability and collected; and request for comment. The Food Safety and Inspection (4) Minimize the burden of the Service (FSIS) administers a regulatory collection of information on those who SUMMARY: The Food Safety and program under the Federal Meat are to respond, through use, as Inspection Service (FSIS) is announcing Inspection Act (FMIA) (21 U.S.C. 601 et appropriate, of automated, electronic, the availability of and requesting seq.), the Poultry Products Inspection mechanical, and other collection comments on a guideline to assist the Act (PPIA) (21 U.S.C. 451 et seq.), and technologies, e.g., permitting electronic meat and poultry industry develop the Egg Products Inspection Act (EPIA) submission of responses. written programs for responding to (21 U.S.C. 1031 et seq.) to protect the Estimate of burden: The public consumer complaints about adulterated health and welfare of consumers. The reporting burden for this collection of or misbranded meat and poultry Agency is responsible for ensuring that information is estimated to average 8 products. FSIS developed this guideline meat, poultry, and egg products are safe, hours per response. in response to an increase in the number wholesome, and correctly labeled and Respondents/Affected Entities: Parties of recalls of meat and poultry products packaged. affected by the information collection contaminated with foreign materials. FSIS is announcing the availability of requirements included in this Notice are DATES: Submit comments on or before a guideline to assist all FSIS-regulated any producer (including their legal May 10, 2019. establishments that slaughter, or further counsel) with a valid crop insurance ADDRESSES: A downloadable version of process inspected meat and poultry policy and approved insurance provider the guideline is available to view and products to develop and implement

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procedures for responding to customer parental status, income derived from a improve the conservation practice complaints of adulterated and public assistance program, or political standards. misbranded meat and poultry products. beliefs, exclude from participation in, DATES: We will consider comments that FSIS developed this document in deny the benefits of, or subject to we received by April 25, 2019. response to an increase in the number discrimination any person in the United of recalls of meat and poultry products States under any program or activity ADDRESSES: We invite you to submit contaminated with foreign materials. In conducted by the USDA. comments on this notice. In your many cases, the recalling establishments comments, include the volume, date, had received multiple customer How To File a Complaint of and page number of this issue of the complaints before these recalls. Discrimination Federal Register. You may submit your While FSIS specifically developed comments by the following method: To file a complaint of discrimination, • this document to address foreign complete the USDA Program Federal eRulemaking Portal material customer complaints, Discrimination Complaint Form, which website: go to http:// establishments can apply the may be accessed online at http:// www.regulations.gov and search for information to other customer www.ocio.usda.gov/sites/default/files/ docket ID NRCS–2019–0003. Follow the complaints of adulterated or docs/2012/Complain_combined_6_8_ online instruction for submitting misbranded products in commerce. 12.pdf, or write a letter signed by you comments electronically. FSIS encourages establishments that or your authorized representative. All written comments received will be may receive customer complaints for Send your completed complaint form publicly available on adulterated or misbranded meat and or letter to USDA by mail, fax, or email: www.regulations.gov. Electronic copies of the national poultry products to follow this Mail: U.S. Department of Agriculture, conservation practice standards are guideline. This document does not Director, Office of Adjudication, 1400 available at http://www.nrcs.usda.gov/ present or describe any new regulatory Independence Avenue SW, Washington, wps/portal/nrcs/detailfull/national/ requirements. This guideline represents DC 20250–9410. current FSIS thinking, and FSIS will technical/cp/ncps/?cid=nrcs143_ Fax: (202) 690–7442. update it as necessary to reflect 026849. Email: [email protected]. comments received and any additional FOR FURTHER INFORMATION CONTACT: For information that becomes available. Persons with disabilities who require alternative means for communication specific questions related to this notice Additional Public Notification (Braille, large print, audiotape, etc.), contact Bill Reck; phone: (202) 720– 4485; or email: [email protected]. Public awareness of all segments of should contact USDA’s TARGET Center rulemaking and policy development is at (202) 720–2600 (voice and TDD). SUPPLEMENTARY INFORMATION: NRCS provides technical assistance to clients important. Consequently, FSIS will Done in Washington, DC. announce this Federal Register through the conservation planning Carmen M. Rottenberg, process. The planning process involves: publication on-line through the FSIS Administrator. web page located at: http:// (1) Determining client goals and [FR Doc. 2019–04350 Filed 3–8–19; 8:45 am] www.fsis.usda.gov/federal-register. resource concerns (conservation needs); FSIS also will make copies of this BILLING CODE 3410–DM–P (2) Developing treatment options; publication available through the FSIS (3) Recording client decisions; (4) Implementing selected Constituent Update, which is used to DEPARTMENT OF AGRICULTURE provide information regarding FSIS conservation treatment(s) through the policies, procedures, regulations, Natural Resources Conservation application of conservation practices; Federal Register notices, FSIS public Service and meetings, and other types of information (5) Evaluating and adaptive that could affect or would be of interest Review of USDA Natural Resources management of the conservation to our constituents and stakeholders. Conservation Service National treatment. The Constituent Update is available on Conservation Practice Standards The conservation practice standards the FSIS web page. Through the web contain information on why and where page, FSIS provides information to a AGENCY: Natural Resources the practice is to be applied and much broader, more diverse audience. Conservation Service (NRCS), USDA. specifies the minimum technical criteria In addition, FSIS offers an email ACTION: Notice and request for comment. that must be met during the application subscription service which provides of that practice in order for it to achieve automatic and customized access to SUMMARY: The Agriculture Improvement its intended purposes. Conservation selected food safety news and Act of 2018 (2018 Farm Bill) amended practices are designed to address the information. This service is available at: the Food Security Act of 1985, to treatment of natural resource concerns. http://www.fsis.usda.gov/subscribe. require an expedited review of NRCS conservation practice standards Options range from recalls to export conservation practice standards, are based on sound science and include information, regulations, directives, and including engineering design scientifically accepted and notices. Customers can add or delete specifications, that were in effect on demonstrated technologies. subscriptions themselves and have the December 19, 2018. NRCS will evaluate Conservation practices that have not option to password protect their opportunities to increase flexibility in been adequately demonstrated may be accounts. the conservation practice standards in a eligible for conservation innovation manner that ensures equivalent natural grants or may be implemented as USDA Non-Discrimination Statement resource benefits. This notice interim conservation practices to gain No agency, officer, or employee of the announces that NRCS will be reviewing needed field scale demonstration and USDA shall, on the grounds of race, the national conservation practice establish and document natural resource color, national origin, religion, sex, standards in the National Handbook of benefits. gender identity, sexual orientation, Conservation Practices and is requesting Section 2502 of the 2018 Farm Bill disability, age, marital status, family/ comments from the public about how to (Pub. L. 115–334) amends section

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1242(h) of the Food Security Act of 1985 COMMISSION ON CIVIL RIGHTS Civil Rights, 1331 Pennsylvania (16 U.S.C. 3842(h)), to require expedited Avenue, Suite 1150, Washington, DC revision of conservation practice Notice of Public Meeting of the Virginia 20425, faxed to (202) 376–7548, or standards by USDA. The review is for Advisory Committee emailed to Corrine Sanders at ero@ the conservation practice standards, usccr.gov. Persons who desire AGENCY: Commission on Civil Rights. including engineering design additional information may contact the specifications, that were in effect on ACTION: Announcement of meeting. Eastern Regional Office at (202) 376– December 19, 2018. In keeping with the SUMMARY: Notice is hereby given, 7533. review requirement, NRCS will: pursuant to the provisions of the rules Records and documents discussed • Evaluate opportunities to increase and regulations of the U.S. Commission during the meeting will be available for flexibility in the conservation practice on Civil Rights (Commission), and the public viewing as they become available standards in a manner that ensures Federal Advisory Committee Act at: https://www.facadatabase.gov/ equivalent natural resource benefits; (FACA) that a meeting of the Virginia FACA/FACAPublicViewCommittee • Provide the optimal balance Advisory Committee to the Commission Details?id=a10t0000001gzjXAAQ, click between meeting site-specific will convene by conference call at 12:00 the ‘‘Meeting Details’’ and ‘‘Documents’’ conservation needs and minimizes risks p.m. (EST) on Wednesday, March 20, links. Records generated from this of design failure and associated costs of 2019. The purpose of the meeting is for meeting may also be inspected and construction and installation; and Committee members to announce reproduced at the Eastern Regional • meeting date and expert presenters who Office, as they become available, both Ensure, to the maximum extent before and after the meetings. Persons practicable, the completeness and will be invited to participate at the in person meeting on its civil rights project interested in the work of this advisory relevance of the standards to local committee are advised to go to the agricultural, forestry, and natural titled, Hate Crimes in VA—Incidences and Responses. Commission’s website, www.usccr.gov, resource needs, including specialty or to contact the Eastern Regional Office DATES: Wednesday, March 20, 2019, at crops, native and managed pollinators, at the above phone number, email or 12:00 p.m. EST. bioenergy crop production, forestry, and street address. such other needs as are determined by Public Call-In Information: NRCS. Conference call-in number: 1–888–394– Agenda: Wednesday, March 20, 2019 8218 and conference call ID number: To obtain the widest possible input I. Rollcall and to ensure the revision of the 8310490. II. Welcome standards fully meets the intent and FOR FURTHER INFORMATION CONTACT: Ivy III. Project Planning spirit of the expedited conservation Davis at [email protected] or by phone at —Discuss Plans for Briefing Meeting practice review requirements, NRCS is 202–376–7533. IV. Other Business requesting comments from the public on V. Next Meeting SUPPLEMENTARY INFORMATION: Interested VI. Open Comment its conservation practice standards members of the public may listen to the VII. Adjourn through April 25, 2019. The specific discussion by calling the following toll- content of the standards can be found free conference call-in number: 1–888– Exceptional Circumstance: Pursuant online at: http://www.nrcs.usda.gov/ 394–8218 and conference call ID to 41 CFR 102–3.150, the notice for this wps/portal/nrcs/detailfull/national/ number: 8310490. Please be advised that meeting is given less than 15 calendar technical/cp/ncps/?cid=nrcs143_ before placing them into the conference days prior to the meeting because of the 026849. call, the conference call operator will exceptional circumstances of the federal This notice announces that NRCS will ask callers to provide their names, their government shutdown. be reviewing the national conservation organizational affiliations (if any), and Dated: March 6, 2019. practice standards in the National email addresses (so that callers may be David Mussatt, Handbook of Conservation Practices and notified of future meetings). Callers can Supervisory Chief, Regional Programs Unit. is requesting comments from the public expect to incur charges for calls they [FR Doc. 2019–04356 Filed 3–8–19; 8:45 am] about how to improve the conservation initiate over wireless lines, and the BILLING CODE 6335–01–P practice standards. NRCS specifically Commission will not refund any requests comments that include peer incurred charges. Callers will incur no reviewed scientific literature references charge for calls they initiate over land- COMMISSION ON CIVIL RIGHTS or other supporting scientific data, if line connections to the toll-free available, for recommended changes or conference call-in number. Notice of Public Meeting of the additions to standards. Persons with hearing impairments Kentucky Advisory Committee Further information on NRCS national may also follow the discussion by first AGENCY: U.S. Commission on Civil conservation practice standards can be calling the Federal Relay Service at 1– Rights. found at: https://www.nrcs.usda.gov/ 800–877–8339 and providing the wps/portal/nrcs/main/national/ operator with the toll-free conference ACTION: Notice of meeting. technical/cp/ncps/. Further information call-in number: 1–888–394–8218 and on Conservation Innovation Grants can conference call ID number: 8310490. SUMMARY: Notice is hereby given, be found at: https://www.nrcs.usda.gov/ Members of the public are invited to pursuant to the provisions of the rules wps/portal/nrcs/main/national/ make statements during the open and regulations of the U.S. Commission programs/financial/cig/. comment period of the meeting or on Civil Rights (Commission) and the submit written comments. The Federal Advisory Committee Act that Kevin Norton, comments must be received in the the Kentucky Advisory Committee will Acting Associate Chief, Natural Resources regional office approximately 30 days hold a meeting on Wednesday, March Conservation Service. after each scheduled meeting. Written 21, 2019, from 3:00–4:00 p.m. to discuss [FR Doc. 2019–04290 Filed 3–8–19; 8:45 am] comments may be mailed to the Eastern School to Prison Pipeline public hearing BILLING CODE 3410–16–P Regional Office, U.S. Commission on preparation.

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DATES: The meeting will be held on discuss the project process and potential Agenda Wednesday, March 21, 2019; 3:00–4:00 civil rights topics of study. I. Welcome and Roll Call p.m. DATES: These meetings will be held on II. Updates from the U.S. Commission Public Call Information: Dial 877– Monday, March 25, 2019 at 12:00 p.m. on Civil Rights 260–1479; Conference ID 7779214 Arizona Time. III. Orientation to Project Process and For Additional Information Contact: Public Call Information: Concept Stage Jeff Hinton, DFO, at 312–353–8311 or IV. Committee Discussion of Potential via email at [email protected]. Dial: 877–260–1479. Conference ID: 1392682. Topics SUPPLEMENTARY INFORMATION: Members V. Next Steps of the public are invited to come in and FOR FURTHER INFORMATION CONTACT: VI. Public Comment listen to the discussion. Written Alejandro Ventura (DFO) at aventura@ VII. Adjournment comments will be accepted until March usccr.gov or (213) 894–3437. Exceptional Circumstance: Pursuant 19, 2019 and may be mailed to the SUPPLEMENTARY INFORMATION: This to 41 CFR 102–3.150, the notice for this Regional Program Unit Office, U.S. meeting is available to the public meeting is given less than 15 calendar Commission on Civil Rights, 230 S. through the following toll-free call-in days prior to the meeting because of the Dearborn, Suite 2120, Chicago, IL number: 877–260–1479, conference ID exceptional circumstances of the federal 60604. They may also be faxed to the number: 1392682. Any interested government shutdown. Commission at (312) 353–8324 or may member of the public may call this Dated: March 6, 2019. be emailed to the Regional Director, Jeff number and listen to the meeting. David Mussatt, Hinton at [email protected]. Records of Callers can expect to incur charges for the meeting will be available via calls they initiate over wireless lines, Supervisory Chief, Regional Programs Unit. www.facadatabase.gov under the and the Commission will not refund any [FR Doc. 2019–04360 Filed 3–8–19; 8:45 am] Commission on Civil Rights, Tennessee incurred charges. Callers will incur no BILLING CODE P Advisory Committee link. Persons charge for calls they initiate over land- interested in the work of this Committee line connections to the toll-free are directed to the Commission’s telephone number. Persons with hearing COMMISSION ON CIVIL RIGHTS website, http://www.usccr.gov, or may impairments may also follow the Notice of Public Meeting of the New contact the Southern Regional Office at proceedings by first calling the Federal Mexico Advisory Committee the above email or street address. Relay Service at 1–800–877–8339 and providing the Service with the AGENCY: U.S. Commission on Civil Agenda conference call number and conference Rights. Welcome and attendance of advisory ID number. ACTION: Announcement of meeting. committee members Members of the public are entitled to Dr. Betty Griffin, Chairman/Jeff make comments during the open period SUMMARY: Notice is hereby given, Hinton, Regional Director, at the end of the meeting. Members of pursuant to the provisions of the rules USCCRSRO the public may also submit written and regulations of the U.S. Commission Kentucky Advisory Committee update/ comments; the comments must be on Civil Rights (Commission) and the discussion of meeting to hear received in the Regional Programs Unit Federal Advisory Committee Act testimony on juvenile justice within 30 days following the meeting. (FACA) that a meeting of the New project Written comments may be mailed to the Mexico Advisory Committee Advisory Committee members Western Regional Office, U.S. (Committee) to the Commission will be Open Comment held at 1:00 p.m. (Mountain Time) Adjournment Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Thursday, March 21, 2019. The purpose Dated: March 6, 2019. Angeles, CA 90012. They may be faxed of the meeting is for the Committee to David Mussatt, to the Commission at (213) 894–0508, or discuss the project process and potential Supervisory Chief, Regional Programs Unit. emailed Alejandro Ventura at aventura@ civil rights topics for study. [FR Doc. 2019–04333 Filed 3–8–19; 8:45 am] usccr.gov. Persons who desire DATES: The meeting will be held on BILLING CODE P additional information may contact the Thursday, March 21, 2019, at 1:00 p.m. Regional Programs Unit at (213) 894– Mountain Time. 3437. FOR FURTHER INFORMATION CONTACT: COMMISSION ON CIVIL RIGHTS Records and documents discussed Alejandro Ventura at aventura@ during the meeting will be available for usccr.gov or (213) 894–3437. Notice of Public Meeting of the Arizona public viewing prior to and after the SUPPLEMENTARY INFORMATION: Advisory Committee meetings at https://www.facadatabase. Public Call Information: Dial: 877– AGENCY: U.S. Commission on Civil gov/FACA/FACAPublicViewCommittee 260–1479; Conference ID: 8691565. Rights Details?id=a10t0000001gzl2AAA. This meeting is available to the public ACTION: Announcement of meeting. Please click on the ‘‘Committee through the following toll-free call-in Meetings’’ tab. Records generated from number: 877–260–1479, conference ID SUMMARY: Notice is hereby given, these meetings may also be inspected number: 8691565. Any interested pursuant to the provisions of the rules and reproduced at the Regional member of the public may call this and regulations of the U.S. Commission Programs Unit, as they become number and listen to the meeting. on Civil Rights (Commission) and the available, both before and after the Callers can expect to incur charges for Federal Advisory Committee Act meetings. Persons interested in the work calls they initiate over wireless lines, (FACA) that the meeting of the Arizona of this Committee are directed to the and the Commission will not refund any Advisory Committee (Committee) to the Commission’s website, https:// incurred charges. Callers will incur no Commission will be held at 12:00 p.m. www.usccr.gov, or may contact the charge for calls they initiate over land- (Arizona Time) Monday, March 25, Regional Programs Unit at the above line connections to the toll-free 2019. The purpose of the meeting is to email or street address. telephone number. Persons with hearing

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impairments may also follow the COMMISSION ON CIVIL RIGHTS DEPARTMENT OF COMMERCE proceedings by first calling the Federal Relay Service at 1–800–877–8339 and Notice of Public Meeting of the Census Bureau providing the Service with the Tennessee Advisory Committee conference call number and conference Submission for OMB Review; ID number. AGENCY: U.S. Commission on Civil Comment Request Rights. Members of the public are entitled to The Department of Commerce will make comments during the open period ACTION: Notice of meeting. submit to the Office of Management and at the end of the meeting. Members of Budget (OMB) for clearance the SUMMARY: Notice is hereby given, the public may also submit written following proposal for collection of pursuant to the provisions of the rules comments; the comments must be information under the provisions of the and regulations of the U.S. Commission received in the Regional Programs Unit Paperwork Reduction Act. on Civil Rights (Commission) and the within 30 days following the meeting. Agency: Census Bureau. Federal Advisory Committee Act that Written comments may be mailed to the Title: National Survey of Children’s the Tennessee Advisory Committee will Western Regional Office, U.S. Health. hold a public meeting on Wednesday, Commission on Civil Rights, 300 North OMB Control Number: 0607–0990. March 21, 2019; 1:30–2:30 p.m. to Los Angeles Street, Suite 2010, Los Form Number(s): finalize Legal Financial Obligation Angeles, CA 90012. They may be faxed English survey forms include: (LFO) public hearing. to the Commission at (213) 894–0508, or NSCH–S1 (English Screener), NSCH–T1 (English Topical for 0- to 5- emailed Alejandro Ventura at aventura@ DATES: The meeting will be held on year-old children), usccr.gov. Persons who desire Wednesday, March 21, 2019; 1:30–2:30 NSCH–T2 (English Topical for 6- to additional information may contact the p.m. Public Call Information: Call: 877– 11-year-old children), Regional Programs Unit at (213) 894– NSCH–T3 (English Topical for 12- to 260–1479; Conference ID: 8369527. 3437. 17-year-old children). Records and documents discussed FOR FURTHER INFORMATION CONTACT: Jeff Spanish survey forms include: during the meeting will be available for Hinton, DFO, at (312) 353–8311 or via NSCH–S–S1 (Spanish Screener), public viewing prior to and after the email at [email protected]. NSCH–S–T1 (Spanish Topical for 0- meeting at https://www.facadatabase. SUPPLEMENTARY INFORMATION: Members to 5-year-old children), gov/FACA/FACAPublicViewCommittee of the public are invited to come in and NSCH–S–T2 (Spanish Topical for 6- Details?id=a10t0000001gzlGAAQ. listen to the discussion. Written to 11-year-old children), and NSCH–S–T3 (Spanish Topical for 12- comments will be accepted until March Please click on ‘‘Committee Meetings’’ to 17-year-old children) tab. Records generated from this 19, 2019 and may be mailed to the NSCH–SC1 (Screener Card— meeting may also be inspected and Regional Program Unit Office, U.S. perforated). reproduced at the Regional Programs Commission on Civil Rights, 230 S. Dearborn, Suite 2120, Chicago, IL Type of Request: Regular submission. Unit, as they become available, both Number of Respondents: 67,193 for 60604. They may also be faxed to the before and after the meeting. Persons the production screener, 26,321 for the Commission at (312) 353–8324 or may interested in the work of this Committee production topical, 2,000 for the be emailed to the Regional Director, Jeff are directed to the Commission’s screener card, 680 for the screener card Hinton at [email protected]. Records of website, http://www.usccr.gov, or may web screener, and 355 for the screener the meeting will be available via contact the Regional Programs Unit at card web topical. Please note that the www.facadatabase.gov under the the above email or street address. estimated number of respondents are Commission on Civil Rights, Tennessee slightly lower here than noted in the Agenda Advisory Committee link. Persons Presubmission Federal Register, interested in the work of this Committee I. Welcome and Roll Call published on November 13, 2018 (83 are directed to the Commission’s FR, No. 219; p. 56287–56290). The II. Introduction of Designated Federal website, http://www.usccr.gov, or may figures here are the correct figures and Official (Alejandro Ventura) contact the Southern Regional Office at are a result of improved estimates of the III. Orientation to Project Process and the above email or street address. Concept Stage response rates for the screener and Agenda topical modules using updated return IV. Discussion of Potential Topics of rates from the 2018 NSCH cycle after Welcome and Call to Order Study survey closeout. V. Next Steps Diane DiIanni, Tennessee SAC Average Hours per Response: 0.083 Chairman VI. Public Comment for the production screener and screener Regional Update—Jeff Hinton card web screener, 0.55 for the VII. Adjournment New Business: Diane DiIanni, Tennessee production topical and screener card Exceptional Circumstance: Pursuant SAC Chairman/Staff/Advisory web topical, and 0.033 for the screener to 41 CFR 102–3.150, the notice for this Committee card. meeting is given less than 15 calendar Continuation: Preparation for public Burden Hours: 20,371. Please note days prior to the meeting because of the hearing (LFO). that the estimated total annual burden exceptional circumstances of the federal Public Participation hours are slightly lower here than noted government shutdown. Adjournment in the Federal Register Pre-notice. The figure here is the correct figure and is a Dated: March 6, 2019. Dated: March 6, 2019. result of improved estimates of the David Mussatt, David Mussatt, response rates for the screener and Supervisory Chief, Regional Programs Unit. Supervisory Chief, Regional Programs Unit. topical modules using updated return [FR Doc. 2019–04361 Filed 3–8–19; 8:45 am] [FR Doc. 2019–04355 Filed 3–8–19; 8:45 am] rates from the 2018 NSCH cycle after BILLING CODE P BILLING CODE P survey closeout.

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Needs and Uses: The National Survey questionnaire from the initial mailing. DEPARTMENT OF COMMERCE of Children’s Health (NSCH) enables the The two experiments that will be further Maternal and Child Health Bureau evaluated during the 2019 NSCH cycle Census Bureau (MCHB) of the Health Resources and are the screener card test as mentioned Services Administration (HRSA) of the above along with a test of a more Submission for OMB Review; U.S. Department of Health and Human visually appealing, eye-catching Comment Request Services (HHS) to produce national and envelope design that is aimed at The Department of Commerce will state-based estimates on the health and increasing the likelihood that a mail submit to the Office of Management and well-being of children, their families, package is opened, furthermore Budget (OMB) for clearance the and their communities as well as increasing the probability of response. following proposal for collection of estimates of the prevalence and impact Affected Public: Parents, researchers, information under the provisions of the of children with special health care policymakers, and family advocates. Paperwork Reduction Act. needs. Agency: U.S. Census Bureau. Data will be collected using one of Frequency: The 2019 collection is the Title: Survey of State Government two modes. The first mode is a web fourth administration of the NSCH. It is Research and Development. instrument (Centurion) survey that an annual survey, with a new sample OMB Control Number: 0607–0933. contains the screener and topical drawn for each administration. Form Number(s): Survey Frame instruments. The web instrument first Respondent’s Obligation: Voluntary. Review Module; SRD–1 State Agency will take the respondent through the Form. screener questions. If the household Legal Authority: Census Authority: 13 Type of Request: Extension of a screens into the study, the respondent U.S.C. Section 8(b). currently approved collection. will be taken directly into one of the HRSA MCHB Authority: Section Number of Respondents: 604. three age-based topical sets of questions. 501(a)(2) of the Social Security Act (42 Average Hours per Response: 1 hour The second mode is a mailout/mailback U.S.C. 701) and 45 minutes. of a self-administered paper-and-pencil USDA Authority: The Healthy, Burden Hours: 1,056. interviewing (PAPI) screener instrument Hunger-Free Kids Act of 2010, Public Needs and Uses: The Census Bureau followed by a separate mailout/mailback Law 111–296. In particular, 42 U.S.C. is requesting clearance to conduct the of a PAPI age-based topical instrument. 1769d(a) authorizes USDA to conduct Survey of State Government Research A test of a single-question PAPI screener research on the causes and card instrument to ease the burden for and Development (SGRD) for the 2019– consequences of childhood hunger 2021 survey years. The Census Bureau households without children is also included in 1769d(a)(4)(B), the being conducted concurrently with the conducts this survey on behalf of the geographic dispersion of childhood production survey. National Science Foundation’s (NSF) hunger and food insecurity. The National Survey of Children’s National Center for Science and Health (NSCH) is a large-scale (sample CDC/NCBDDD Authority: Public Engineering Statistics (NCSES). The size is 184,000 addresses) national Health Service Act, Section 301, 42 NSF Act of 1950 includes a statutory survey with approximately 180,000 U.S.C. 241. charge to ‘‘provide a central clearinghouse for the collection, addresses included in the production Confidentiality: The Census Bureau is interpretation, and analysis of data on survey and 4,000 addresses included in required by law to protect your scientific and engineering resources and the screener card test. The survey will information. The Census Bureau is not to provide a source of information for consist of one additional experiment to permitted to publicly release your policy formulation by other agencies in test the effectiveness of an envelope responses in a way that could identify the Federal Government.’’ Under the design that is aimed at increasing the you or your household. Federal law aegis of this legislative mandate, NCSES likelihood of response by increasing the protects your privacy and keeps your and its predecessors have sponsored chance that the initial mail package is answers confidential (Title 13, United surveys of research and development opened. Higher response can reduce States Code, Section 9). Per the Federal (R&D) since 1953, including the SGRD follow-up costs and nonresponse bias. Cybersecurity Enhancement Act of since 2006. This survey has helped to As in prior cycles of the NSCH, there 2015, your data are protected from expand the scope of R&D collections to remain two key, non-experimental cybersecurity risks through screening of include state governments, where design elements. The first additional the systems that transmit your data. non-experimental design element is previously there had been no regularly either a $2 or $5 screener cash incentive This information collection request established collection efforts, and thus a mailed to 90% (45% each) of sampled may be viewed at www.reginfo.gov. gap in the national portfolio of R&D addresses; the remaining 10% (the Follow the instructions to view statistics. control) will receive no incentive to Department of Commerce collections NCSES sponsors surveys of R&D monitor the effectiveness of the cash currently under review by OMB. activities of Federal agencies, higher incentive. This incentive is designed to Written comments and education institutions, and private increase response and reduce recommendations for the proposed industries. The results of these surveys nonresponse bias. The incentive information collection should be sent provide a consistent information base amounts were chosen based on the within 30 days of publication of this for both federal and state government results of the 2018 NSCH as well as notice to OIRA_Submission@ officials, industry professionals, and funding availability. The second omb.eop.gov or fax to (202) 395–5806. researchers to use in formulating public additional non-experimental design policy and planning in science and element is a data collection procedure Sheleen Dumas, technology. These surveys allow for the based on the block group-level paper- Departmental Lead PRA Officer, Office of the analysis of current and historical trends only response probability used to Chief Information Officer, Commerce of R&D in the U.S. and in international identify households (30% of the sample) Department. comparisons of R&D with other that would be more likely to respond by [FR Doc. 2019–04303 Filed 3–8–19; 8:45 am] countries. The data collected from the paper and send them a paper BILLING CODE 3510–07–P SGRD fills a void that previously existed

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for collection of R&D activities. Legislators, policy officials, and officials are also consumers of state R&D Although NCSES conducted periodic researchers rely on statistics to make statistics. All users are able to utilize data collections of state government informed decisions about R&D this information in an attempt to better R&D in 1995, 1988 and 1987, more investment at the Federal, state, and understand the Nation’s R&D resources. frequent collection was necessary to local level. These statistics are derived Affected Public: State, local or tribal account for the changing dynamic of from the existing NCSES sponsored government. state governments’ role in performing surveys of Federal agencies, higher and funding R&D and their role as education institutions, and private Frequency: Annually. fiduciary intermediaries of federal funds industry. The total picture of R&D Respondent’s Obligation: Voluntary. for R&D. The survey is a census of state expenditures, however, had been Legal Authority: This survey is government departments, agencies, incomplete due to the lack of data from conducted under the authority of the commissions, public authorities, and state governments prior to this National Science Foundation Act of implementation of the SGRD in 2006, other dependent entities as defined by 1950, as amended, the America which now fills that void. the Census Bureau’s Census of COMPETES Reauthorization Act of Governments program, that performed State government officials and policy makers garner the most benefit from the 2010, and collected under Title 13, or funded R&D activities in a given United States Code, Section 8(b). fiscal year. results of this survey. Governors and The Census Bureau, serving as legislatures need a reliable, This information collection request collection agent, employs a comprehensive source of data to help in may be viewed at www.reginfo.gov. methodology similar to the one used to evaluating how best to attract the high- Follow the instructions to view collect information from state and local tech R&D industries to their state. Department of Commerce collections governments on other established Officials are able to evaluate their currently under review by OMB. censuses and surveys. This investment in R&D based on Written comments and methodology involves identifying a comparisons with other states. These recommendations for the proposed central coordinator in each state who comparisons include the sources of information collection should be sent will assist Census Bureau staff in funding, the type of R&D being within 30 days of publication of this identifying appropriate state agencies to conducted, and the type of R&D notice to OIRA_Submission@ be surveyed. Since not all state agencies performer. omb.eop.gov or fax to (202) 395–5806. State governments serve a unique role have the budget authority or operational within the national portfolio of R&D. capacity to perform or fund R&D, Sheleen Dumas, Not only are they both performers and NCSES and Census Bureau staffs have Departmental Lead PRA Officer, Office of the funders of R&D like other sectors such identified those agencies most likely to Chief Information Officer, Commerce as the Federal Government, higher perform or fund R&D based on state Department. education, or industry, but they also [FR Doc. 2019–04304 Filed 3–8–19; 8:45 am] session laws, authorizing legislation, serve as fiduciary intermediaries BILLING CODE 3510–07–P budget authority, previous R&D between the Federal Government and activities, and reports issued by state other R&D performers while also government agencies. The state providing state specific funds for R&D. DEPARTMENT OF COMMERCE coordinators, based on their knowledge The information collected from the of the state government’s own activities SGRD provides data users with Foreign-Trade Zones Board and priorities, are asked to confirm perspective on this complex flow of which of the selected agencies funds. Survey results are used at the identified should be sent the survey for Federal level to assess and direct [B–73–2019] a given fiscal year or to add additional investment in technology and economic agencies to the survey frame. These state Foreign-Trade Zone (FTZ) 41— issues. Congressional committees and Milwaukee, Wisconsin; Authorization coordinators also verify the final the Congressional Research Service use of Production Activity; Jeneil Biotech, responses at the end of the data results of the R&D surveys. The BEA Inc. (Natural Fragrance Intermediates), collection cycle and may assist with uses these data to estimate the Saukville, Wisconsin nonresponse follow-up with individual contribution of state agency-funded R&D state agencies. The collection approach to the overall impact of treating R&D as On September 27, 2018, the Port of using a central state coordinator is used an investment in BEA’s statistics of Milwaukee, grantee of FTZ 41, successfully at the Census Bureau in gross domestic product by state-area. surveys of local school districts, as well NSF also uses data from this survey submitted a notification of proposed as the annual surveys of state and local in various publications produced about production activity to the FTZ Board on government finance. the state of R&D in the U.S. The Science behalf of Jeneil Biotech, Inc., within Site The FY 2019 survey will follow the and Engineering Indicators, for example, 16, in Saukville, Wisconsin. same content that was collected during is a biennial report mandated by The notification was processed in the FYs 2016–2018 survey cycles. Congress and describes quantitatively accordance with the regulations of the Final survey results produced by the condition of the country’s R&D FTZ Board (15 CFR part 400), including NCSES contain state and national efforts and includes data from the notice in the Federal Register, inviting estimates and are useful to a variety of SGRD. Survey results are also included public comment (83 FR 57717–57718, data users interested in R&D in the National Patterns of Research and November 16, 2018). On March 6, 2019, performance, including: The National Development report’s tabulations. the applicant was notified of the FTZ Science Board; the OMB; the Office of The availability of state R&D survey Board’s decision that no further review Science and Technology Policy (OSTP) results are posted to NSF’s web page of the activity is warranted at this time. and other science policy makers; allowing for public access from a variety The production activity described in the institutional researchers; and private of other data users as well. Media, notification was authorized, subject to organizations; and many state university researchers, nonprofit the FTZ Act and the FTZ Board’s governments. organizations, and foreign government regulations, including Section 400.14.

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Dated: March 6, 2019. Postponement of Preliminary This notice is issued and published Andrew McGilvray, Determinations pursuant to section 733(c)(2) of the Act Executive Secretary. Section 733(b)(1)(A) of the Tariff Act and 19 CFR 351.205(f)(1). [FR Doc. 2019–04336 Filed 3–8–19; 8:45 am] of 1930, as amended (the Act), requires Dated: March 4, 2019. BILLING CODE 3510–DS–P Commerce to issue the preliminary Gary Taverman, determination in a LTFV investigation Deputy Assistant Secretary for Antidumping within 140 days after the date on which and Countervailing Duty Operations, DEPARTMENT OF COMMERCE Commerce initiated the investigation. performing the non-exclusive functions and However, section 733(c)(1) of the Act duties of the Assistant Secretary for International Trade Administration permits Commerce to postpone the Enforcement and Compliance. [A–433–813, A–427–830] preliminary determination until no later [FR Doc. 2019–04280 Filed 3–8–19; 8:45 am] than 190 days after the date on which BILLING CODE 3510–DS–P Strontium Chromate From Austria and Commerce initiated the investigation if: France: Postponement of Preliminary (A) The petitioner makes a timely Determinations in the Less-Than-Fair- request for a postponement; or (B) DEPARTMENT OF COMMERCE Value Investigations Commerce concludes that the parties concerned are cooperating, that the International Trade Administration AGENCY: Enforcement and Compliance, investigation is extraordinarily Proposed Information Collection; International Trade Administration, complicated, and that additional time is Comment Request; Procedures for Department of Commerce. necessary to make a preliminary DATES: Applicable March 11, 2019. determination. Under 19 CFR Importation of Supplies for Use in FOR FURTHER INFORMATION CONTACT: 351.205(e), the petitioner must submit a Emergency Relief Work Brian Smith at (202) 482–1766 or Jaron request for postponement 25 days or AGENCY: International Trade Moore at (202) 482–3640 (Austria); and more before the scheduled date of the Administration, Commerce. Dennis McClure at (202) 482–5973 or preliminary determination and must ACTION: Notice. Josh Simonidis at (202) 482–0608 state the reasons for the request. (France), AD/CVD Operations, Commerce will grant the request unless SUMMARY: The Department of Enforcement and Compliance, it finds compelling reasons to deny the Commerce, as part of its continuing International Trade Administration, request. effort to reduce paperwork and 4 U.S. Department of Commerce, 1401 On February 11, 2019, the petitioner respondent burden, invites the general Constitution Avenue NW, Washington, submitted a timely request that public and other Federal agencies to DC 20230. Commerce postpone the preliminary take this opportunity to comment on SUPPLEMENTARY INFORMATION: determinations in these LTFV proposed and/or continuing information investigations.5 The petitioner stated Background collections, as required by the that it requests postponement to provide Paperwork Reduction Act of 1995. On September 25, 2018, the adequate time for it to review the DATES: Written comments must be Department of Commerce (Commerce) respondents’ questionnaire responses submitted on or before May 10, 2019. initiated less-than-fair-value (LTFV) and for Commerce to issue investigations of imports of strontium supplemental questionnaires and ADDRESSES: Direct all written comments chromate from Austria and France.1 The receive responses to those supplemental to Jennifer Jessup, Departmental original deadline for these preliminary questionnaires prior to the preliminary Paperwork Clearance Officer, determinations was February 12, 2019. determinations. Department of Commerce, Room 6616, However, Commerce exercised its For the reasons stated above and 14th and Constitution Avenue NW, discretion to toll all deadlines affected because there are no compelling reasons Washington, DC 20230 (or via the by the partial federal government to deny the request, Commerce, in internet at [email protected]). closure from December 22, 2018, accordance with section 733(c)(1) of the FOR FURTHER INFORMATION CONTACT: through the resumption of operations on Act, is postponing the deadline for the Requests for additional information or January 29, 2019.2 If the new deadline preliminary determinations by 50 days copies of the information collection falls on a non-business day, in (i.e., 190 days after the date on which instrument and instructions should be accordance with Commerce’s practice, these investigations were initiated plus directed to Scott D. McBride, Assistant the deadline will become the next 40 days for tolling). As a result, Chief Counsel for Trade Enforcement & business day. Accordingly, the revised Commerce will issue its preliminary Compliance, Office of the Chief Counsel deadline for these preliminary determinations no later than May 13, for Trade Enforcement and Compliance, determinations is now March 25, 2019.3 2019. In accordance with section Room 3622, U.S. Department of 735(a)(1) of the Act and 19 CFR Commerce, 14th and Constitution 351.210(b)(1), the deadline for the final 1 See Strontium Chromate from Austria and Avenue NW, Washington, DC 20230; France: Initiation of Less-Than-Fair-Value determinations of these investigations telephone: 202–482–6292; fax: 202– Investigations, 83 FR 49543 (October 2, 2018) will continue to be 75 days after the 482–4912; [email protected]. (Initiation Notice). date of publication of the preliminary 2 See Memorandum to the Record from Gary determinations, unless postponed at a SUPPLEMENTARY INFORMATION: Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, later date. I. Abstract performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and 4 The petitioner is Lumimove, Inc., d.b.a. WPC The regulations (19 CFR 358.101 Compliance, ‘‘Deadlines Affected by the Partial Technologies. through 358.104) provide procedures for Shutdown of the Federal Government,’’ dated 5 See Letters from the petitioner, ‘‘Strontium requesting the Secretary of Commerce to January 28, 2019. All deadlines in this segment of Chromate from Austria: Request to Extend permit the importation of supplies, such the proceeding have been extended by 40 days. Preliminary Determination,’’ dated February 11, 3 This is the next business day after March 24, 2019; and ‘‘Strontium Chromate from France: as food, clothing, and medical, surgical, 2019, the 40-day tolled preliminary determination Request to Extend Preliminary Determination,’’ and other supplies, by for-profit and deadline which falls on a Sunday. dated February 11, 2019. not-for-profit entities for use in

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emergency relief work free of DEPARTMENT OF COMMERCE www.fisheries.noaa.gov/atlantic-highly- antidumping and countervailing duties. migratory-species/safe-handling-release- National Oceanic and Atmospheric and-identification-workshops Authority: 19 U.S.C. 1318(a). There are no Administration proposed changes to this information Atlantic Shark Identification collection. RIN 0648–XG832 Workshops II. Method of Collection Schedules for Atlantic Shark Since January 1, 2008, Atlantic shark Identification Workshops and Safe dealers have been prohibited from Three copies of the request must be Handling, Release, and Identification receiving, purchasing, trading, or submitted in writing to the Secretary of Workshops bartering for Atlantic sharks unless a Commerce, Attention: Enforcement and valid Atlantic Shark Identification Compliance, Central Records Unit, AGENCY: National Marine Fisheries Workshop certificate is on the premises Room B–8024, U.S. Department of Service (NMFS), National Oceanic and of each business listed under the shark Commerce, 1401 Constitution Avenue Atmospheric Administration (NOAA), dealer permit that first receives Atlantic NW, Washington, DC 20230. Commerce. sharks (71 FR 58057; October 2, 2006). ACTION: Notice of public workshops. Dealers who attend and successfully III. Data complete a workshop are issued a SUMMARY: Free Atlantic Shark OMB Control Number: 0625–0256. certificate for each place of business that Identification Workshops and Safe is permitted to receive sharks. These Form Number(s): None. Handling, Release, and Identification certificate(s) are valid for 3 years. Thus, Type of Review: Regular submission. Workshops will be held in April, May, certificates that were initially issued in and June of 2019. Certain fishermen and 2016 will be expiring in 2019. Affected Public: Business, including shark dealers are required to attend a for-profit and non-profit organizations. Approximately 154 free Atlantic Shark workshop to meet regulatory Identification Workshops have been Estimated Number of Respondents: 1. requirements and to maintain valid conducted since April 2008. Estimated Time per Response: 15 permits. Specifically, the Atlantic Shark Currently, permitted dealers may send hours. Identification Workshop is mandatory a proxy to an Atlantic Shark for all federally permitted Atlantic shark Identification Workshop. However, if a Estimated Total Annual Burden dealers. The Safe Handling, Release, and dealer opts to send a proxy, the dealer Hours: 15 hours. Identification Workshop is mandatory must designate a proxy for each place of Estimated Total Annual Cost to for vessel owners and operators who use business covered by the dealer’s permit Public: Less than $450. bottom longline, pelagic longline, or which first receives Atlantic sharks. gillnet gear, and who have also been Only one certificate will be issued to IV. Request for Comments issued shark or swordfish limited access each proxy. A proxy must be a person Comments are invited on: (a) Whether permits. Additional free workshops will who is currently employed by a place of the proposed collection of information be conducted during 2019 and will be business covered by the dealer’s permit; announced in a future notice. is necessary for the proper performance is a primary participant in the of the functions of the agency, including DATES: The Atlantic Shark Identification identification, weighing, and/or first whether the information shall have Workshops will be held on April 25, receipt of fish as they are offloaded from practical utility; (b) the accuracy of the May 23, and June 20, 2019. The Safe a vessel; and who fills out dealer Handling, Release, and Identification agency’s estimate of the burden reports. Atlantic shark dealers are Workshops will be held on April 3, prohibited from renewing a Federal (including hours and cost) of the April 11, May 2, May 15, June 7, and shark dealer permit unless a valid proposed collection of information; (c) June 10, 2019. See SUPPLEMENTARY Atlantic Shark Identification Workshop ways to enhance the quality, utility, and INFORMATION for further details. certificate for each business location clarity of the information to be ADDRESSES: The Atlantic Shark that first receives Atlantic sharks has collected; and (d) ways to minimize the Identification Workshops will be held in been submitted with the permit renewal burden of the collection of information Wilmington, NC; Fort Lauderdale, FL; application. Additionally, trucks or on respondents, including through the and Manahawkin, NJ. The Safe other conveyances that are extensions of use of automated collection techniques Handling, Release, and Identification a dealer’s place of business must or other forms of information Workshops will be held in Palm Coast, possess a copy of a valid dealer or proxy technology. FL; Warwick, RI; Kitty Hawk, NC; Atlantic Shark Identification Workshop Comments submitted in response to Kenner, LA; Revere, MA; and Ocean certificate. this notice will be summarized and/or City, MD. See SUPPLEMENTARY Workshop Dates, Times, and Locations included in the request for OMB INFORMATION for further details on 1. April 25, 2019, 12 p.m.–4 p.m., approval of this information collection; workshop locations. Hampton Inn, 124 Old Eastwood Road, they also will become a matter of public FOR FURTHER INFORMATION CONTACT: Rick Wilmington, NC 28403. record. Pearson by phone: (727) 824–5399. 2. May 23, 2019, 12 p.m.–4 p.m., La SUPPLEMENTARY INFORMATION: The Sheleen Dumas, Quinta Inn, 999 West Cypress Creek workshop schedules, registration Departmental Lead PRA Officer, Office of the Road, Fort Lauderdale, FL 33309. information, and a list of frequently 3. June 20, 2019, 12 p.m.–4 p.m., Chief Information Officer, Commerce asked questions regarding the Atlantic Department. Holiday Inn, 151 Route 72 West, Shark ID and Safe Handling, Release, Manahawkin, NJ 08050. [FR Doc. 2019–04323 Filed 3–8–19; 8:45 am] and ID workshops are posted on the BILLING CODE 3510–DS–P internet at: https:// Registration www.fisheries.noaa.gov/atlantic-highly- To register for a scheduled Atlantic migratory-species/atlantic-shark- Shark Identification Workshop, please identification-workshopss and https:// contact Eric Sander at

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[email protected] or at (386) Safe Handling, Release, and the business (such as articles of 852–8588. Pre-registration is highly Identification Workshops have been incorporation), a copy of the applicable recommended, but not required. conducted since 2006. swordfish and/or shark permit(s), and In addition to certifying vessel proof of identification. Registration Materials owners, at least one operator on board • Vessel operators must bring proof of To ensure that workshop certificates vessels issued a limited-access identification. are linked to the correct permits, swordfish or shark permit that uses Workshop Objectives participants will need to bring the longline or gillnet gear is required to following specific items to the attend a Safe Handling, Release, and The Safe Handling, Release, and workshop: Identification Workshop and receive a Identification Workshops are designed • Atlantic shark dealer permit holders certificate. Vessels that have been issued to teach longline and gillnet fishermen must bring proof that the attendee is an a limited-access swordfish or shark the required techniques for the safe owner or agent of the business (such as permit and that use longline or gillnet handling and release of entangled and/ articles of incorporation), a copy of the gear may not fish unless both the vessel or hooked protected species, such as sea applicable permit, and proof of owner and operator have valid turtles, marine mammals, and identification. smalltooth sawfish, and prohibited • workshop certificates onboard at all Atlantic shark dealer proxies must times. Vessel operators who have not sharks. In an effort to improve reporting, bring documentation from the permitted already attended a workshop and the proper identification of protected dealer acknowledging that the proxy is received a NMFS certificate, or vessel species and prohibited sharks will also attending the workshop on behalf of the operators whose certificate(s) will be taught at these workshops. permitted Atlantic shark dealer for a expire prior to their next fishing trip, Additionally, individuals attending specific business location, a copy of the must attend a workshop to operate a these workshops will gain a better appropriate valid permit, and proof of vessel with swordfish and shark understanding of the requirements for identification. limited-access permits that uses participating in these fisheries. The Workshop Objectives longline or gillnet gear. overall goal of these workshops is to provide participants with the skills The Atlantic Shark Identification Workshop Dates, Times, and Locations needed to reduce the mortality of Workshops are designed to reduce the 1. April 3, 2019, 9 a.m.–5 p.m., Hilton protected species and prohibited sharks, number of unknown and improperly Garden Inn, 55 Town Center Boulevard, which may prevent additional identified sharks reported in the dealer Palm Coast, FL 32164. regulations on these fisheries in the reporting form and increase the 2. April 11, 2019, 9 a.m.–5 p.m., future. accuracy of species-specific dealer- Hilton Garden Inn, 1 Thurber Street, Authority: 16 U.S.C. 1801 et seq. reported information. Reducing the Warwick, RI 02886. number of unknown and improperly 3. May 2, 2019, 9 a.m.–5 p.m., Hilton Dated: March 5, 2019. identified sharks will improve quota Garden Inn, 5353 North Virginia Dare Karen H. Abrams, monitoring and the data used in stock Trail, Kitty Hawk, NC 27949. Acting Director, Office of Sustainable assessments. These workshops will train 4. May 15, 2019, 9 a.m.–5 p.m., Hilton Fisheries, National Marine Fisheries Service. shark dealer permit holders or their Inn, 901 Airline Drive, Kenner, LA [FR Doc. 2019–04302 Filed 3–8–19; 8:45 am] proxies to properly identify Atlantic 70062. BILLING CODE 3510–22–P shark carcasses. 5. June 7, 2019, 9 a.m.–5 p.m., Safe Handling, Release, and Hampton Inn, 230 Lee Burbank Identification Workshops Highway, Revere, MA 02151. COMMODITY FUTURES TRADING 6. June 10, 2019, 9 a.m.–5 p.m., COMMISSION Since January 1, 2007, shark limited- Courtyard by Marriott, 2 15th Street, access and swordfish limited-access Ocean City, MD 21842. Revised Registration Form 7–R permit holders who fish with longline or gillnet gear have been required to Registration AGENCY: Commodity Futures Trading submit a copy of their Safe Handling, To register for a scheduled Safe Commission. Release, and Identification Workshop Handling, Release, and Identification ACTION: Notice of revised form. certificate in order to renew either Workshop, please contact Angler SUMMARY: The Commodity Futures permit (71 FR 58057; October 2, 2006). Conservation Education at (386) 682– Trading Commission (the These certificate(s) are valid for 3 years. 0158. Pre-registration is highly ‘‘Commission’’ or ‘‘CFTC’’) is revising Certificates issued in 2016 will be recommended, but not required. expiring in 2019. As such, vessel its Form 7–R, the application form that owners who have not already attended Registration Materials entities must use to register with the a workshop and received a NMFS To ensure that workshop certificates Commission as a commodity pool certificate, or vessel owners whose are linked to the correct permits, operator, commodity trading advisor, certificate(s) will expire prior to the next participants will need to bring the introducing broker, floor trader firm, permit renewal, must attend a workshop following specific items with them to retail foreign exchange dealer, futures to fish with, or renew, their swordfish the workshop: commission merchant, leverage and shark limited-access permits. • Individual vessel owners must transaction merchant, swap dealer, or Additionally, new shark and swordfish bring a copy of the appropriate major swap participant (collectively, limited-access permit applicants who swordfish and/or shark permit(s), a copy ‘‘applicants’’). intend to fish with longline or gillnet of the vessel registration or DATES: Implementation date: The new, gear must attend a Safe Handling, documentation, and proof of revised version of Form 7–R shall be Release, and Identification Workshop identification. implemented (and the prior version and submit a copy of their workshop • Representatives of a business- shall be superseded) as of the date upon certificate before either of the permits owned or co-owned vessel must bring which the National Futures Association will be issued. Approximately 310 free proof that the individual is an agent of (‘‘NFA’’) makes the new, revised version

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of the Form 7–R available on the NFA delegation to NFA in 1983, NFA has Form 7–R requests additional website for use by applicants. developed substantial expertise in information about any entity that is a FOR FURTHER INFORMATION CONTACT: registration matters, including principal (as defined in Form 7–R) of Matthew Kulkin, Director, 202–418– reviewing and processing completed the applicant. Form 7–R previously 5213, [email protected]; or Christopher Forms 7–R. In 2002, with the approval required applicants to identify by name Cummings, Special Counsel, 202–418– of the Commission, NFA transitioned any entity that was a principal of the 5445, [email protected], Division of from a paper-based registration system applicant. The revised Form 7–R Swap Dealer and Intermediary to an online registration system that requires that, for each entity that is Oversight, Commodity Futures Trading utilizes, among other things, an principal of the applicant, the applicant Commission, 1155 21st Street NW, electronic version of Form 7–R.8 must provide the entity’s Federal EIN and the location where the entity is Washington, DC 20581. II. Revisions to Commission Form 7–R SUPPLEMENTARY INFORMATION: incorporated, organized, or established. NFA has requested that the This additional information is intended I. Background Commission make several changes to to ensure accurate identification of the Entities that engage in certain Form 7–R.9 Upon consideration of entity, given that firms sometimes can specified business in the derivatives NFA’s request, the Commission is have the same or similar names. markets regulated by the Commission revising and updating Form 7–R. In The sections in Form 7–R titled are required to register with the addition, the Commission is updating ‘‘Disciplinary Information—Criminal Commission by filing a completed Form the Form 7–R Privacy Act and Disclosures,’’ ‘‘Disciplinary 7–R with NFA.1 These applicants Paperwork Reduction Act Statements. Information—Regulatory Disclosures,’’ include: Futures commission The Form 7–R revisions are described in and ‘‘Disciplinary Information— 10 merchants, retail foreign exchange this Notice. Financial Disclosures’’ contain a series dealers, introducing brokers, commodity First, revised Form 7–R incorporates of questions that inquire about the trading advisors, commodity pool new functionality throughout the form, disciplinary history of the applicant. consisting of hyperlinks to the text of operators, leverage transaction These questions are designed to identify the applicable provisions of the Act, merchants, swap dealers, major swap and gather information that may reflect Commission regulations, and NFA participants, and floor trader firms.2 on the fitness of the applicant and Rules, whenever those authorities are Applicants have been required to use whether the applicant may be subject to referenced in the form. Additionally, Form 7–R since 1977.3 In the past, Form a statutory disqualification from Form 7–R incorporates certain clarifying 11 7–R also was used to register with NFA registration. To this end, in the section language where appropriate. For and to apply for NFA membership. titled ‘‘Disciplinary Information— Form 7–R requests information about example, the term ‘‘futures’’ has been Regulatory Disclosures,’’ a new question replaced with the term ‘‘derivatives’’ in the applicant that can be used to assess was added to existing Question E. several locations to more accurately the applicant’s fitness to engage in Among other things, Question E reflect the full scope of the business in the registration categories inquires whether the applicant violated, Commission’s jurisdiction. Similarly, referenced above. Although Form 7–R is or aided and abetted the violation of, the reference to a failure ‘‘to pay an a Commission form, it is maintained any investment-related statutes or award issued in a futures-related and used primarily by the NFA.4 regulations, a potential statutory basis arbitration’’ was replaced with the Pursuant to section 17(o) of the for refusing or conditioning phrase ‘‘failure to pay an award related 12 Commodity Exchange Act (‘‘Act’’),5 registration. The new question directs 6 to a CFTC-related product.’’ the applicant to disclose whether it has Regulation 3.2, and a series of orders, In the section titled ‘‘Location of the Commission delegated to NFA ever been found to have ‘‘failed to Business Records,’’ revised Form 7–R no supervise another person’s activities certain registration functions including, longer separately requests that non-U.S. among other things, the processing of all under any investment-related statute or applicants identify the non-U.S. address 13 Form 7–R filings.7 Since the first regulation.’’ The new question is where their business records are intended to ensure complete disclosure located. Instead, both U.S. and non-U.S. 1 of conduct that may result in a refusal 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). applicants are required to comply only 2 17 CFR 3.11(a); 3.12(c). or limitation on registration. 3 Revision of Registration Forms and Amendment with the existing requirements of Form Separately, NFA is simplifying the of Related Rules, 42 FR 23988 (May 11, 1977) (Form 7–R to identify the location of their process by which it requests 7–R replaced Forms 1–R, 5–R and 6–R). business records, which remain supplemental information and 4 NFA is currently the only registered futures unchanged, and, for non-U.S. documentation regarding the applicant’s association authorized by the Commission in applicants, to indicate that such records accordance with section 17 of the Commodity criminal, regulatory, or financial Exchange Act. will be produced for inspection at disclosures. The prior version of Form 5 7 U.S.C. 21(o) (2012). NFA’s offices, or at another physical 7–R requested that applicants provide a 6 17 CFR 3.2. location (not a post office box) within written explanation of the facts and 7 See, e.g., Introducing Brokers and Associated the U.S. that the applicant identifies. circumstances regarding any such Persons of Introducing Brokers; Authorization of In the section titled ‘‘Holding disclosures. Applicants were also National Futures Association to Perform Company Information,’’ the revised Commission Registration Functions, 48 FR 35158 separately requested to provide NFA (Aug. 3, 1983); Performance of Registration with copies of pertinent documents Functions by National Futures Association, 49 FR and Major Swap Participants, 77 FR 2708 (Jan. 19, associated with each disclosure. To 39593 (Oct. 9, 1984) (futures commission 2012). merchants, commodity pool operators, commodity 8 Registration of Intermediaries, 67 FR 38869 consolidate and modernize this process, trading advisors, and associated persons thereof); (June 6, 2002). the revised Form 7–R allows applicants Performance of Registration Functions by National 9 Request from NFA to CFTC, dated March 23, to complete a separate ‘‘Disclosure Futures Association; Delegation of Authorities; 2018. This communication is on file with the Matter Page’’ for each matter, instance, Performance of Registration Functions by National Commission. Futures Association with Respect to Floor Traders 10 This Notice describes the technical changes to and Floor Brokers, 58 FR 19657 (Apr. 15, 1993); and Form 7–R. The Commission also is making a 11 See 7 U.S.C. 12(a) and (3) (2012). Performance of Registration Functions by National number of minor, non-substantive changes to Form 12 7 U.S.C. 12(a)(3). Futures Association with Respect to Swap Dealers 7–R that are not described herein. 13 See 7 U.S.C. 12(a)(3)(C).

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or event requiring disclosure and to register as a futures commission OMB control number 3038–0072. The simultaneously upload all pertinent merchant to indicate whether the preliminary view of the Commission is documents associated with each applicant has ‘‘applied for membership that the revisions to Form 7–R may disclosure. The Disclosure Matter Page at any United States commodity modify the existing recordkeeping or provides applicants with an efficient exchange;’’ a question that asks information collection requirements and effective method of supplying the applicants that are applying for under the PRA. To ensure compliance supplemental information and registration as a swap dealer or major with the PRA, the Commission, documentation that NFA requests in the swap participant to indicate whether the concurrently with this Notice, is normal course whenever an applicant applicant is currently regulated by other publishing in the Federal Register a responds affirmatively to any of the U.S. regulators and to identify those separate notice and request for comment questions regarding criminal, regulatory regulators; and lastly, contact on the amended PRA burden associated or financial disclosures. information for the applicant’s with the revised Form 7–R. The Lastly, questions that pertain only to Membership Contact, Accounting Commission also will submit to OMB an NFA membership have been removed Contact, Assessment Fee Contact, information collection request to amend from the form. As noted above, in the Arbitration Contact, Compliance the information collection, in past, Form 7–R functioned both as a Contact, or Chief Compliance Officer accordance with 44 U.S.C. 3506(c)(2)(A) registration form for the Commission Contact. and 5 CFR 1320.8(d). and NFA, and as an application for NFA A revised version of Form 7–R that incorporates the changes discussed in Issued in Washington, DC, on March 5, membership. To the extent that 2019, by the Commission. questions ask for information that is this Notice, as well as other minor, non- necessary for NFA membership but is substantive changes, is set forth in Christopher Kirkpatrick, not necessary for registration, those Appendix 2 to this Notice. Secretary of the Commission. questions have been removed from the III. Related Matters Appendices to Notice of Revised form and will appear in a separate Form—Commission Voting Summary Paperwork Reduction Act application for NFA membership. and Revised Registration Form 7–R Specifically, revised Form 7–R no Recordkeeping or information longer contains: a series of questions collection requirements under the Appendix 1—Commission Voting that inquire whether the applicant will Paperwork Reduction Act (‘‘PRA’’) Summary transact in retail off-exchange foreign related to Form 7–R exist under current On this matter, Chairman Giancarlo and currency, swap, futures, or options; a law. The titles for the existing Commissioners Quintenz, Behnam, Stump, question that is directed to applicants information collections are and Berkovitz voted in the affirmative. No that are registering in multiple ‘‘Registration Under the Commodity Commissioner voted in the negative. capacities that asks them to select the Exchange Act,’’ Office of Management capacity in which they intend to vote on and Budget (‘‘OMB’’) control number Appendix 2—Revised Registration NFA membership matters; the question 3038–0023, and ‘‘Registration of Swap Form 7–R that asks applicants that are applying to Dealers and Major Swap Participants,’’ BILLING CODE 6351–01–P

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READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING OR REVIEWING THE APPLICATION. THE FAILURE TO ANSWER ALL QUESTIONS COMPLETELY AND ACCURATELY OR THE OMISSION OF REQUIRED INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF REGISTRATION.

THE FAILURE TO DISCLOSE A DISCIPLINARY MATTER EITHER IN AN APPLICATION OR AN UPDATE WILL RESULT IN THE IMPOSITION OF A LATE DISCLOSURE FEE IN ACCORDANCE WITH NFA REGISTRATION RULE 210(C).

Not every section applies to every applicant. Certain sections apply depending on the registration category or categories being applied for. The text above these sections explains who must complete the section.

DEFINED TERMS

Words that are underlined in this form are defined terms and have the meanings contained in the Definition of Terms section or links to the text of Commodity Exchange Act provisions, CFTC Regulations or NFA Rules.

GENERAL

Read the Instructions and Questions Carefully

A question that is answered incorrectly because it was misread or misinterpreted can result in severe consequences, including denial or revocation of registration. Although this applies to all questions in the application, it is particularly important to the questions in the Disciplinary Information Section.

Rely Only on Advice from NFA Staff

A question that is answered incorrectly because of advice received from a lawyer, employer, a judge or anyone else (other than a member of NFA's Registration Investigations or Legal (RIL) staff) can

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result in severe consequences, including denial or revocation of registration. This also applies to all questions in the form, but is particularly important regarding the Disciplinary Information Section. If the language of a question in the Disciplinary Information Section requires disclosure of a matter, a "Yes" answer to the question is required no matter what other advice has been received from anyone other than NFA's RIL staff. Additionally, the applicant or registrant remains responsible for failures to disclose even if someone completes the form on the applicant's or registrant's behalf.

Update the Information on the Application

If information provided on the application changes or a matter that would have required disclosure on the application occurs after the application is filed, the new information must be promptly filed. APs and Principals should advise their Sponsors of the new information, and the Sponsor must file the update on their behalf. The failure to promptly update information can result in severe consequences, including denial or revocation of registration.

Compliance with Disclosure Requirements of Another Regulatory Body is not Sufficient

With some exceptions, which are described below in the Regulatory and Financial Disclosures sections, if any question requires the provision of information, that information must be provided. In particular, if a question in the Disciplinary Information Section requires disclosure of a matter, the question must be answered "Yes" and additional documents must be provided even if the matter has been disclosed to another regulatory body such as FINRA, an exchange or a state regulator. Similarly, disclosure is required even if another regulatory body does NOT require disclosure of the same matter.

Call NFA with Questions

If there is any question about whether particular information must be provided, whether a particular matter must be disclosed or whether a particular question requires a "Yes" answer, call the NFA Information Center at (800) 621-3570 or (312) 781-1410. Representatives are available from 8:00 a.m. to 5:00p.m., Central Time, Monday through Friday. If the advice of NFA staff is sought, a written record containing the date of the conversation, the name of the NFA staff person giving the advice and a description of the advice should be made during the conversation and kept in the event an issue concerning disclosure of the matter arises later.

DISCIPLINARY INFORMATION SECTION

Criminal Disclosures

Some common mistakes in answering the criminal disclosure questions involve expungements, diversion programs and similar processes. The Commodity Futures Trading Commission requires a "Yes" answer even if the matter has been expunged or the records sealed, there was no adjudication

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or finding of guilt, the guilty plea was vacated or set aside or the matter was dismissed upon completion of the diversion program.

Another common error regarding criminal matters concerns matters that do not involve the derivatives industry. All criminal matters must be disclosed, even if a matter is unrelated to the derivatives industry, unless the case was decided in a juvenile court or under a Youth Offender law.

Regulatory Disclosures

Regulatory actions taken by the Commodity Futures Trading Commission, NFA or U.S. futures exchanges do not need to be disclosed since NFA is already aware of them once they are entered into NFA's BASIC system.

Financial Disclosures

It is not necessary to disclose arbitration awards or CFTC reparations matters unless the applicant or registrant has failed to pay an award related to a CFTC-related product or an order entered in a reparations matter.

Only adversary actions that a U.S. bankruptcy trustee files must be disclosed. Adversary actions that creditors file are not disclosable. A person named as a party to an adversary action in a bankruptcy proceeding must disclose the action, even if the person is not the bankrupt person.

ADDITIONAL DOCUMENTS

For each matter that caused a "Yes" answer, a Disclosure Matter Page (DMP), which is accessible using NFA's DMP Filing System, must be filed. In addition to the required DMP, other documents about the matter must be provided to NFA. If court documents are unavailable, a certified letter from the court verifying that must be sent to NFA. If documents other than court documents are unavailable, a written explanation for their unavailability must be provided. Electronic copies of the documents can be uploaded using NFA's DMP Filing System or documents may be sent to NFA by email to [email protected], fax to (312) 559-3411 or mail to NFA Registration Department, 300 S. Riverside Plaza, Suite 1800, Chicago, IL 60606.

Providing all documents to NFA is important. Failure to do so will delay the registration process and may result in a denial of the application.

DEFINITION OF TERMS (The following terms are defined solely for the purpose of using NFA's Online Registration System.)

10% OR MORE INTEREST: direct or indirect ownership of 10% or more of an entity's stock; entitlement to vote or empowered to sell 10% or more of an entity's voting securities; contribution of 10% or more of an entity's capital; or entitlement to 10% or more of an entity's net profits.

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ADJUDICATION: in a criminal case, a determination by the court that the defendant is guilty or not guilty. ADVERSARY ACTION: a lawsuit arising in or related to a bankruptcy case commenced by a creditor or bankruptcy trustee by filing a complaint with the bankruptcy court. ALIAS: another name utilized by an individual or previously used by an entity. CHARGE: a formal complaint, information, indictment or equivalent instrument containing an accusation of a crime. DBA: abbreviation for Doing Business As. The firm is doing its futures, retail off-exchange forex or swaps business by this name. ENJOINED: subject to an injunction. ENTITY: any person other than an individual. FELONY: any crime classified as a felony and for states and countries that do not differentiate between a felony or misdemeanor, an offense that could result in imprisonment for any period of more than one year. The term also includes a general court martial. FINANCIAL SERVICES INDUSTRY: the commodities, securities, accounting, banking, finance, insurance, law or real estate industries. FOUND: subject to a determination that conduct or a rule violation has occurred. The term applies to dispositions of any type, including but not limited to consent decrees or settlements in which the findings are neither admitted nor denied or in which the findings are for settlement or record purposes only. INTERNAL REVENUE CODE: Section 7203: Willful Failure to File Return, Supply Information or Pay Tax Section 7204: Fraudulent Statement or Failure to Make Statement Section 7205: Fraudulent Withholding Exemption Certificate or Failure to Supply Information Section 7207: Fraudulent Returns, Statements or Other Documents INVESTMENT RELATED STATUTES: ·The Commodity Exchange Act • The Securities Act of 1933 • The Securities Exchange Act of 1934 ·The Public Utility Holding Company Act of 1935 • The Trust Indenture Act of 1939 • The Investment Advisers Act of 1940 • The Investment Company Act of 1940 • The Securities Investors Protection Act of 1970 • The Foreign Corrupt Practices Act of 1977 • Chapter 96 of Title 18 of the United States Code • Any similar statute of a State or foreign jurisdiction ·Any rule, regulation or order under any such statutes; and • The rules of the Municipal Securities Rulemaking Board MISDEMEANOR: any crime classified as a misdemeanor and for states and countries that do not differentiate between a felony or misdemeanor, an offense that could result in imprisonment for any period of at least six days but not more than one year. By way of example, an offense for which the

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maximum period of imprisonment is 60 days would be considered a misdemeanor. The term also includes a special court martial. OTHER NAME: For firms, including sole proprietors, any other name that the firm uses or has used in the past but not the name of any other legal entity that the firm has an affiliation or association with (see DBA). For individuals, this is any name the person is or has been known by. For example, a maiden name, an alias name that you use or are known by, or a previous name if you have changed your legal name. PERSON: an individual, association, partnership, corporation, limited liability company, limited liability partnership, trust, or other form of business organization. PRINCIPAL: means, with respect to an applicant, a registrant, or a person required to be registered under the Act: ( 1) an individual who is: • a sole proprietor of a sole proprietorship; • a general partner of a partnership; • a director, president, chief executive officer, chief operating officer, chief financial officer or a person in charge of a business unit, division or function subject to regulation by the Commission of a corporation, limited liability company or limited liability partnership; ·a manager, managing member or a member vested with the management authority for a limited liability company or limited liability partnership; or • a chief compliance officer; or (2) an individual who directly or indirectly, through agreement, holding companies, nominees, trusts or otherwise: - is the owner of 10% or more of the outstanding shares of any class of an applicant or registrant's equity securities, other than non-voting securities; - is entitled to vote 10% or more of the outstanding shares of any class of an applicant or registrant's equity securities, other than non-voting securities; - has the power to sell or direct the sale of 10% or more of the outstanding shares of any class of an applicant or registrant's equity securities, other than non-voting securities; - is entitled to receive 10% or more of an applicant or registrant's net profits; or -has the power to exercise a controlling influence over an applicant or registrant's activities that are subject to regulation by the Commission; or (3) an entity that: - is a general partner of a partnership; or - is the direct owner of 10% or more of the outstanding shares of any class of an applicant or registrant's equity securities, other than non-voting securities; or (4) an individual who or an entity that: - has contributed 10% or more of an applicant or registrant's capital unless such capital contribution consists of subordinated debt contributed by: D Dan unaffiliated bank insured by the Federal Deposit Insurance Corporation; D D an unaffiliated "foreign bank," as defined in 12 CFR 211.21 (n) that currently operates an "office of a foreign bank," as defined in 12 CFR 211.21 (t), which is licensed under 12 CFR 211.24(a); D Osuch office of an unaffiliated, licensed foreign bank; or

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D Dan insurance company subject to regulation by any State, provided such debt is not guaranteed by an individual who or entity that is not a principal of the applicant or registrant. SELF-REGULATORY ORGANIZATION (SRO): a private, non-governmental organization authorized to set and enforce standards of conduct for an industry. NFA, FINRA (formerly known as NASD) and the securities and futures exchanges in the U.S. are examples of domestic SROs. UNITED STATES CRIMINAL CODE: Section 152: Concealment of assets, making false claims or bribery in connection with a bankruptcy Section 1341 , 1342 or 1343: Mail fraud Chapter 25: Counterfeiting and forgery Chapter 47: Fraud or false statements in a matter within the jurisdiction of a United States department or agency Chapter 95 or 96: Racketeering and Racketeering Influence

Principals Firms must file electronic applications for each individual who is a principal of the firm, including the sole proprietor of a sole proprietorship. A firm must have at least one individual principal affiliated with it in order to obtain registration. NFA Members that are registered or applying for registration as an FCM, RFED, 18, CPO and/or CTA must have at least one individual principal who is also registered as an AP of the firm or a floor broker.

Additional Assistance Additional information regarding registration requirements and specific topics can be found on the Registration page of NFA's web site at www.nfa.futures.org. NFA's Information Center, (800-621- 3570 or 312-781-1410), is also available to provide assistance. Its normal hours are Monday through Friday, from 8:00AM to 5:00 PM CT.

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NAME Indicate the full legal name that appears on the firm's corporate filings or if Sole Proprietor, indicate the full legal name of the individual who is the Sole Proprietor. The name should not be a "doing business as" name the Firm or Sole Proprietor may be doing business under. Do not use nicknames or abbreviations. For example, if the individual's first name is Charles, enter Charles, not Chuck. Firm Name* or First & Middle* Last (Surname)* Suffix NFA ID#*

Check category(ies).*

NFA Member Commodity Trading Advisor Swap Dealer Futures Commission Merchant Commodity Pool Operator Major Swap Participant Introducing Broker Retail Foreign Exchange Dealer Floor Trader Firm

Form of Organizationk

Sole Proprietorship (Individual) Limited Liability Company US Federally Chartered Bank Partnership Limited Liability Partnership Other Corporation Trust

Where is the entity incorporated, organized or established? (Sole proprietors and US Federally Charter Banks do not answer this question.)* State Country

Federal EIN Business Address

Enter Information. A sole proprietor may use a P.O. Box address if the business is located in the sole proprietor's residence and a complete residential address is provided on the individual application. For all others, a P.O. Box address is not acceptable.

Street Address 1* Street Address2 Street Address3

*Required to file application

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City** State* (US Only) Province Zip/Postal Code** Country* Phone Number* Fax Number E-Mail

Web Site/URL

CRD/IARD ID

Other Names

Enter any other name the firm uses or has used in the past. The name should not be the name of any other legal entity. For example, the name should not be the name of an affiliate, subsidiary or any other legal entity the firm may have an affiliation/association with.

Name In Use Not In Use Name In Use Not In Use Name In Use Not In Use Name In Use Not In Use

Enter the location of the firm's business records and those records required to be kept by regulation under the Commodity Exchange Act. A P.O. Box address is not acceptable. If the firm is aCTA, this address must be the same as the business address, unless the CFTC has granted an exemption to the firm. If the firm is a CPO, the firm can maintain its books and records at a location other than the business address, as long as the firm files a notice of exemption pursuant to CFTC Regulation 4.23(c).

Street Address 1* Street Address2 Street Address3 City** State*(U.S. only) Province Zip/Postal Code** Country*

*Required to file application **Required to file application for United States address

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Only non-U.S. applicants complete this section. Enter the location in the U.S. where the firm's books and records will be produced for inspection by the CFTC and NFA.

Select one. The office of NFA located in New York, NY The office of NFA located in Chicago, IL The following address (P.O. Box address is not acceptable):

Office of* Street Address 1* Street Address2 Street Address3 City* State* Zip/Postal Code* Country*

Enter the full legal name, Federal EIN and location where incorporated, organized or established for any entity that is a principal of the firm. It is important that the full legal name of the entity is entered. NFA will assign an NFA ID number to the entity if one has not already been assigned. An incorrect name could cause a delay in the application process. If more space is needed, please add in another document and attach it to this document. If none, continue to the next section. Full Name 10% or More Interest Yes No

Federal EIN State Country

Full Name 10% or More Interest Yes No Federal EIN State Country

*Required to file application

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Swap Dealers, Major Swap Participants and Floor Trader Firms do not complete this section.

If the firm has more than one branch office, please add in another document and attach it to this document. If none, continue to the next section. Branch ID Street Address 1* Street Address2 Street Address3 City** State* (US Only) Province Zip/Postal Code** Country* Phone Number Fax Number E-Mail

Enter the name and location of each non-U.S. financial services industrv regulatory authority or self­ regulatorv organization that has regulated the firm during the past five (5) years. Do not enter NFA, FINRA or the name of any U.S. exchange. List of Non-U.S. Regulators:

*Required to file application **Required to file application for United States address

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Disclosures For additional assistance and information on completing this page, refer to the Instructions and Definition of Terms at the beginning of this document.

THE QUESTIONS ON THIS PAGE MUST BE ANSWERED "YES" EVEN IF: • ADJUDICATION OF GUll TWAS WITHHELD OR THERE WAS NO CONVICTION; OR • THERE WAS A CONDITIONAL DISCHARGE OR POST-CONVICTION DISMISSAL AFTER SUCCESSFUL COMPLETION OF A SENTENCE; OR • A STATE CERTIFICATE OF RELIEF FROM DISABILITIES OR SIMILAR DOCUMENT WAS ISSUED RELIEVING THE HOLDER OF FORFEITURES, DISABILITIES OR BARS RESULTING FROM A CONVICTION; OR • THE RECORD WAS EXPUNGED OR SEALED; OR • A PARDON WAS GRANTED.

THE QUESTIONS MAY BE ANSWERED "NO" IF THE CASE WAS DECIDED IN A JUVENILE COURT OR UNDER A YOUTH OFFENDER LAW.

For each matter that requires a "Yes" answer to Questions A, B or C below, a Criminal Disclosure Matter Page (DMP) must be filed using NFA's DMP Filing System that requests: • who was involved: • when it occurred; • what the allegations were; • what the final determination was, if any; and • the date of the determination. In addition, documents must be provided for each matter requiring a "Yes" answer that show: • the charges; • the classification of the offense, i.e., felony or misdemeanor; • the plea, sentencing and probation information, as applicable; • the final disposition; and • a summary of the circumstances surrounding the criminal matter.

The documents may be provided electronically using the upload function in the DMP Filing System or by sending them to NFA (See Instructions).

Answer the following questions.

A.* Has the firm ever pled guilty or nolo contendere ("no contest") to or been convicted or found guilty of any felonv in any U.S., non-U.S. or military court?

Yes No

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B.* Has the firm ever pled guilty to or been convicted or found guilty of any misdemeanor in any U.S., non-U.S. or military court which involves: • embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property; or • violation of sections 7203 7204 7205 or 7207 of the Internal Revenue Code of 1986; or • violation of sections 152 1341 1342 or 1343 or chapters 25 47 95 or 96 of the U.S. Criminal Code; or • any transaction in or advice concerning futures, options, leverage transactions or securities?

Yes No

C.* Is there a charge pending, the resolution of which could result in a "Yes" answer to the above questions?

Yes No

Applicants with all "No" answers above answer this question. Even though you answered "No" to all of the above questions, would you like provide a Criminal DMP?* Yes No

Applicants with "Yes" answers above answer this question Will you be filing a Criminal DMP with respect to a new matter?* Yes No

*Required to file application

DISCIPLINARY INFORMATION- Regulatory Disclosures For additional assistance and information on completing this page, refer to the Instructions and Definition of Terms at the beginning of this document.

For each matter that requires a "Yes" answer to Questions D, E, F, G, H or I below, a Regulatory DMP must be filed using NFA's DMP Filing System that requests: • who was involved: • when it occurred; • what the allegations were; • what the final determination was, if any; • the date of the determination; and • a summary of the circumstances surrounding the regulatory matter.

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In addition, documents must be provided for each matter requiring a "Yes" answer that show: • the allegations; and • the final disposition.

The documents may be provided electronically using the upload function in the DMP Filing System or by sending them to NFA (See Instructions).

Answer the following questions.

D.* In any case brought by a U.S. or non-U.S. governmental body (other than the CFTC), has a court ever permanently or temporarily enjoined the firm after a hearing or default or as the result of a settlement, consent decree or other agreement, from engaging in or continuing any activity involving: • any transaction in or advice concerning futures, options, leverage transactions or securities; or

• embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property?

Yes No

E.* In any case brought by a U.S. or non-U.S. governmental body (other than the CFTC), has the firm ever been found, after a hearing or default or as the result of a settlement, consent decree or other agreement, to: • have violated any provision of any investment-related statute or regulation thereunder; or • have violated any statute, rule, regulation or order which involves embezzlement, theft, extortion, fraud, fraudulent conversion, forgery, counterfeiting, false pretenses, bribery, gambling, racketeering or misappropriation of funds, securities or property; or • have willfully aided, abetted, counseled, commanded, induced or procured such violation by any other person; or • have failed to supervise another person's activities under any investment-related statute or regulation thereunder?

Yes No

F.* Has the firm ever been debarred by any agency of the U.S. from contracting with the U.S.?

Yes No

G.* Has the firm ever been the subject of any order issued by or a party to any agreement with a U.S. or non-U.S. regulatory authority (other than the CFTC), including but not limited to a licensing

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authority, or self-regulatory organization (other than NFA or a U.S. futures exchange) that prevented or restricted the firm's ability to engage in any business in the financial services industry?

Yes No

H.* Are any of the orders or other agreements described in Question G currently in effect against the firm?

Yes No

1.* Is the firm a party to any action, the resolution of which could result in a "Yes" answer to the above questions?

Yes No

Applicants with aii"No" answers above answer this question. Even though you answered "No" to all of the above questions, would you like to provide a Regulatory DMP?*

Yes No

Applicants with "Yes" answers above answer this question Will you be filing a Regulatory DMP with respect to a new matter?*

Yes No

*Required to file application

-Financial For additional assistance and information on completing this page, refer to the Instructions and Definition of Terms at the beginning of this document.

For each matter that requires a "Yes" answer to Question J below, a Financial DMP must be filed using NFA's DMP Filing System that requests: • who was involved: • when it occurred; • what the allegations were; • what the final determination was, if any; • the date of the determination; and • a summary of the circumstances surrounding the financial matter. In addition, documents must be provided for each matter requiring a "Yes" answer that show:

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• the allegations; and • the final disposition.

The documents may be provided electronically using the upload function in the DMP Filing System or by sending them to NFA (See Instructions).

Answer the following question.

J.* Has the firm ever been the subject of an adversary action brought by a U.S. bankruptcy trustee?

Yes No

Applicants with a "No" answer above answer this question. Even though you answered "No" to the question above, would you like to provide a Financial DMP?*

Yes No Applicants with a "Yes" answer above answer this question Will you be filing a Financial DMP with respect to a new matter?*

Yes No

Enter the individual to whom all registration inquiries are to be directed.

Registration Contact First Name* Last Name* Title Street Address 1* Street Address2 Street Address3 City** State* (US Only) Province Zip/Postal Code** Country* Phone Number* Fax Number E-Mail*

*Required to file application

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**Required to file application for United States address

Enter the individual to whom all enforcement and compliance communications and inquiries from the CFTC are to be directed. NFA may also send communications to this individual. Firms may list multiple enforcement/compliance contacts. If the firm would like to list more than one individual, please add in another document and attach it to this document.

Enforcement/Compliance Contact First Name* Last Name* Title Street Address 1* Street Address2 Street Address3 City** State* (US Only) Province Zip/Postal Code** Country* Phone Number* Fax Number E-Mail* Confirm E-Mail*

*Required to file application **Required to file application for United States address

PAPERWORK REDUCTION ACT NOTICE

OMB Numbers 3038-0023 and 3038-0072

You are not required to provide the information requested on a form subject to the Paperwork Reduction Act unless the form displays a valid OMB Control Number.

The time needed to complete and file Form 7-R, Form 7-W, Form 8-R and Form 8-T may vary depending upon individual circumstances. The estimated average times are: Form 7-R FCM 0.6 hours IB 0.5 hours Form 7-W 0.1 hours so 1.1 hours CPO 0.5 hours Form 8-R 1.0 hour MSP 1.1 hours CTA 0.5 hours Form 8-T 0.2 hours RFED 0.6 hours FT 0.6 hours

PRIVACY ACT NOTICE

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The information in Forms 7-R, 7-W, 8-R and 8-T and on the fingerprint card is being collected pursuant to authority granted in Sections 2(c), 4f, 4k, 4n, 4s, 8a and 19 of the Commodity Exchange Act, 7 U.S. C.§§ 2(c), 6f, 6k, 6n, 6s, 12a and 23. Under Section 2(c), it is unlawful for anyone to engage in off-exchange foreign currency futures transactions or off-exchange foreign currency leveraged, margined or financed transactions with persons who are not eligible contract participants without registration, or exemption from registration, as a retail foreign exchange dealer, futures commission merchant, introducing broker, commodity pool operator or commodity trading advisor, as appropriate. Under Section 4d of the Commodity Exchange Act, 7 U.S. C. §6d, it is unlawful for anyone to act as a futures commission merchant or introducing broker without being registered in that capacity under the Act. Under Section 4m of the Commodity Exchange Act, 7 U.S. C. §6m, it is unlawful for a commodity trading advisor or commodity pool operator to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as a commodity trading advisor or commodity pool operator without being registered in the appropriate capacity under the Act, except that a commodity trading advisor who, during the course of the preceding 12 months, has not furnished commodity trading advice to more than 15 persons and does not hold himself out generally to the public as a commodity trading advisor, need not register. Under Section 4s of the Commodity Exchange Act, 7 U.S. C. §6s, it is unlawful for anyone to act as a swap dealer or major swap participant without being registered in that capacity under the Act. Under Section 19 of the Commodity Exchange Act, 7 U.S. C. §23, and Section 31.5 of the CFTC's regulations, it is unlawful for anyone to act as a leverage transaction merchant without being registered in that capacity under the Act.

The information requested in Form 7 -R is designed to assist NFA and the CFTC, as appropriate, in determining whether the application for registration should be granted or denied and to maintain the accuracy of registration files. The information in Form 7 -W is designed to assist NFA and the CFTC in determining whether it would be contrary to the requirements of the Commodity Exchange Act, or any rule, regulation or order thereunder, or the public interest to permit withdrawal from registration.

The information requested in Form 8-R and on the fingerprint card will be used by the CFTC or NFA, as appropriate, as a basis for conducting an inquiry into the individual's fitness to be an associated person, floor broker or floor trader or to be a principal of a futures commission merchant, swap dealer, major swap participant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant or non-natural person floor trader. Portions of the information requested in Form 8-R will be used by the CFTC and, in appropriate cases, by NFA, to confirm the registration of certain associated persons. The information requested in Form 8-T will be used by the CFTC, and, in appropriate cases, by NFA, to record the registration status of the individual and, in appropriate cases, as a basis for further inquiry into the individual's fitness to remain in business subject to the CFTC's jurisdiction.

With the exception of the social security number and Federal employer identification number, all information in Forms 8-R and 8-T must be furnished. Disclosure of the social security number and Federal employer identification number is voluntary. The social security number and the Federal employer identification number are sought pursuant to the Debt Collection Improvement Act of 1996, which allows the CFTC to use the social security number or taxpayer identifying number furnished to the CFTC as part of the registration process for purposes of collecting and reporting on any debt owed to the U.S. Government, including civil monetary penalties. Although voluntary, the furnishing of a social security number or Federal employer identification number assists the CFTC and NFA in identifying individuals and firms, and therefore expedites the processing of those forms.

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The failure by an applicant, registrant or principal to timely file a properly completed Form 7-R and all other related required filings may result in the denial of an application for registration or withdrawal thereof or, in the case of an annual records maintenance fee, treating the registrant as having petitioned for withdrawal. Failure by an applicant, registrant or principal to timely file or cause to be filed a properly completed Form 8-R or 8-T, any other required related filings, or a fingerprint card may result in the lapse, denial, suspension or revocation of registration, withdrawal of the application or other enforcement or disciplinary action by the CFTC or NFA.

NFA makes available to the public on NFA website(s), including the Background Affiliation Status Information Center (BASIC), firm directories, business addresses, telephone numbers, registration categories, effective dates of registration, registration status, and disciplinary action taken concerning futures commission merchants, introducing brokers, commodity pool operators, commodity trading advisors, swap dealers, major swap participants and retail foreign exchange dealers and their associated persons and principals; non-natural person floor traders and their principals; and floor trader order enterers.

Additional information on Forms 7-R, 7-W, 8-R and 8-T is publicly available, and may be accessed by contacting the National Futures Association, Registration Department, Suite 1800, 300 S. Riverside Plaza, Chicago, IL 60606-6615, except for the following information, which is generally not available for public release unless required under the Freedom of Information Act (FOIA) : the fingerprint card, including its demographic information; social security number; date of birth; location of birth; current residential address; and any supplementary information filed in response to the Form 8-R "Personal Information," "Disciplinary Information," "Matter Information," or "Disclosure Matter'' sections, Form 8-T "Withdrawal Reasons," "Disciplinary Information," or "Matter Information" sections, and Form 7-W, "Additional Customer Information" sections.

The CFTC, or NFA acting in accordance with rules approved by the CFTC, may disclose to third parties any information provided on Forms 7-R, 7-W, 8-R and 8-T pursuant to the Commodity Exchange Act, 7 U.S.C. § 1 et. seq., Privacy Act of 1974, 5 U.S. C.§ 552a (Privacy Act), and the Commission's Privacy Act routine uses published in the Federal Register, which may include, but is not limited to, disclosure to Federal, state, local, or foreign law enforcement or regulatory authorities acting within the scope of their jurisdiction or for their use in meeting responsibilities assigned to them by law. The information will be maintained and disclosures will be made in accordance with CFTC Privacy Act System of Records Notice CFTC-12, National Futures Association (NFA) Applications Suite System (Exempted), CFTC-1 0, Investigatory Records (Exempted), or another relevant System of Records Notice, available from the CFTC "Privacy Program" page, http://www. cftc. govIT ransparency/ PrivacyOffice.

If an individual believes that information on the forms is confidential, the individual may petition the CFTC, pursuant to 17 CFR 145. 9, to treat such information as confidential in response to requests under FOIA. 5 U.S. C. §552. The filing of a petition for confidential treatment, however, does not guarantee that the information will be treated confidentially in response to a FOIA request. The CFTC will make no determination as to confidential treatment of information submitted unless and until the information is the subject of an FOIA request.

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This notice is provided in accordance with the requirements of the Privacy Act, 5 U.S. C. §552a(e)(3), and summarizes some of an individual's rights under the Privacy Act, 5 U.S. C. §552a. Individuals desiring further information should consult the CFTC's regulations under the Privacy Act, 17 CFR Part 146, and under the Freedom of Information Act, 17 CFR Part 145, and the CFTC's published System of Records Notices, which describe the existence and character of each system of records maintained by the CFTC, available at the CFTC "Privacy Program" page.

Forms which have not been prepared and executed in compliance with applicable requirements may not be acceptable for filing. Acceptance of this form shall not constitute any finding that the information is true, current or complete. Misstatements or omissions of fact may constitute federal criminal violations [7 U.S.C. §13 and 18 U.S.C. §1001] or grounds for disqualification from registration.

APPLICANT AGREEMENT

The applicant certifies that:

the answers and the information provided in the Form 7-R are true, complete and accurate and that in light of the circumstances under which the applicant has given them, the answers and statements in the Form 7 -Rare not misleading in any material respect;

the person who electronically files the Form 7-R on behalf of the applicant is authorized by the applicant to file the Form 7-R and to make the certifications, requests, acknowledgements, authorizations and agreements contained in this agreement;

if the applicant is an applicant for registration as an SD or MSP, the applicant undertakes that, no later than ninety (90) days following the date this Form 7-R is filed, it will be and shall remain in compliance with the requirement of Section 4s(b)(6) of the Commodity Exchange Act, 7 U.S. C. §6s(b)(6), that, except to the extent otherwise specifically provided by rule, regulation or order, the applicant may not permit any person associated with it who is subject to a statutory disqualification to effect or be involved in effecting swaps on behalf of the applicant, if the applicant knows, or in the exercise of reasonable care should know, of the statutory disqualification. For the purpose of this certification, "statutory disqualification" refers to the matters addressed in Sections 8a(2) and 8a(3) of the Act and "person" means an "associated person of a swap dealer or major swap participant" as defined in Section 1a(4) of the Act and CFTC regulations thereunder; and

if the applicant is an applicant for exemption from registration as an IB, CPO or CTA pursuant to CFTC Regulation 30.5:

the applicant does not act as an IB, CPO or CTA, respectively, in connection with trading on or subject to the rules of a designated contract market in the United States by, for or on behalf of any U.S. customer, client or pool;

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the applicant irrevocably agrees to the jurisdiction of the Commission and state and federal courts located in the U.S. with respect to activities and transactions subject to Part 30 of the CFTC's regulations; and

the applicant would not be statutorily disqualified from registration under §8a(2) or §8a(3) of the Act and is not disqualified from registration pursuant to the laws or regulations of its home country.

The applicant acknowledges that:

the applicant is subject to the imposition of criminal penalties under Section 9(a) of the Commodity Exchange Act, 7 U.S.C. §13(a), and 18 U.S. C. §1001 for any false statements or omissions made in the Form 7 -R;

the applicant is responsible at all times for maintaining the information in the Form 7-R in a complete, accurate and current manner by electronically filing updates to the information contained therein; and

the applicant may not act:

in the case of an FCM, RFED,CPO,CTA or FT until registration has been granted;

in the case of an 18, until registration or a temporary license has been granted; or

in the case of an SD or MSP, until registration or provisional registration has been granted; or

until confirmation of exemption from registration as an 18, CPO or CTA pursuant to CFTC Regulation 30.5 is granted.

The applicant authorizes that:

NFA may conduct an investigation to determine the applicant's fitness for registration or for confirmation of exemption from registration as an 18, CPO and CTA pursuant to CFTC Regulation 30.5; and

and request that any person, including but not limited to contract markets, or non-U.S. regulatory or law enforcement agencies, furnish upon request to NFA or any agent acting on behalf of NFA any information requested by NFA in connection with any investigation conducted by NFA to determine the applicant's fitness for registration or for confirmation of exemption from registration as an 18, CPO and CTA pursuant to CFTC Regulation 30.5;

The applicant agrees that:

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the applicant will cooperate promptly and fully, consistent with applicable Federal law, in any investigation to determine the applicant's fitness for registration or for confirmation of exemption from registration as an IB, CPO and CTA pursuant to CFTC Regulation 30.5, which investigation may include contacting non-U.S. regulatory and law enforcement authorities, including the submission of documents and information to NFA that NFA, in its discretion, may require in connection with the applicant's application for registration or confirmation of exemption from registration as an IB, CPO and CTA pursuant to CFTC Regulation 30.5;

any person furnishing information to NFA or any agent acting on behalf of NFA in connection with the investigation so authorized is released from any and all liability of whatever nature by reason of furnishing such information to NFA or any agent acting on behalf of NFA; and

if the applicant is a non-U.S. applicant:

subject to any applicable blocking, privacy or secrecy laws, the applicant's books and records will be available for inspection by the CFTC, the U.S. Department of Justice ("DOJ") and NFA for purposes of determining compliance with the Act, CFTC Regulations and NFA Requirements;

subject to any applicable blocking, privacy or secrecy laws, such books and records will be produced on 72-hours notice at the location in the United States stated in the Form 7 -R or, in the case of an IB, CPO or CTA confirmed as exempt from registration pursuant to CFTC Regulation 30.5, at the location specified by the CFTC or DOJ, provided, however, if the applicant is applying for registration as an FCM, SD, MSP or RFED, upon specific request, such books and records will be produced on 24-hours notice except for good cause shown; the applicant will immediately notify NFA of any changes to the location in the United States where such books and records will be produced;

except as the applicant has otherwise informed NFA or the CFTC in writing, the applicant is not subject to any blocking, privacy or secrecy laws which would interfere with or create an obstacle to full inspection of the applicant's books and records by the CFTC, DOJ and NFA;

subject to any applicable blocking, privacy or secrecy laws, the failure to provide the CFTC, DOJ or NFA with access to its books and records in accordance with this agreement may be grounds for enforcement and disciplinary sanctions, denial, suspension or revocation of registration, withdrawal of confirmation of exemption from registration as an IB, CPO or CTA pursuant to CFTC Regulation 30.5; and

subject to any applicable blocking, privacy or secrecy laws, the applicant for registration shall provide to NFA copies of any audit or disciplinary report related to the applicant for registration issued by any non-U.S. regulatory authority or non-U.S. self-regulatory organization and any required notice that the applicant for registration provides to any non-U.S. regulatory authority or non-U.S. self-regulatory organization and shall provide these copies both as part of this

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application and thereafter immediately upon the applicant for registration's receipt of any such report or provision of any such notice.

AGREE

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[FR Doc. 2019–04297 Filed 3–8–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: together in aggregate, result in no net BILLING CODE 6351–01–C Matthew Kulkin, Director, 202–418– change to the existing information 5213, [email protected]; or Christopher collection burden associated with Form Cummings, Special Counsel, 202–418– 7–R. That burden varies by registration COMMODITY FUTURES TRADING 5445, [email protected], Division of category and is currently 0.5 hour for COMMISSION Swap Dealer and Intermediary futures commission merchants, 0.4 hour Oversight, Commodity Futures Trading for introducing brokers, 0.4 hour for Agency Information Collection Commission, 1155 21st Street NW, commodity pool operators, 0.4 hour for Activities: Notice of Intent To Extend Washington, DC 20581. commodity trading advisors, 0.5 hour and Revise Collections 3038–0023 and SUPPLEMENTARY INFORMATION: Under the for floor trader firms, 0.5 hour for retail 3038–0072; Adoption of Revised PRA, 44 U.S.C. 3501 et seq., Federal foreign exchange dealers, 1 hour for Registration Form 7–R agencies must obtain approval from the swap dealers, and 1 hour for major swap participants. Discussion of the AGENCY: Commodity Futures Trading Office of Management and Budget noteworthy changes follows. Commission. (‘‘OMB’’) for each collection of information they conduct or sponsor. In the section titled ‘‘Location of ACTION: Notice. ‘‘Collection of Information’’ is defined Business Records,’’ Form 7–R no longer separately requests that non-U.S. SUMMARY: The Commodity Futures in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or applicants identify the non-U.S. address Trading Commission (‘‘CFTC’’ or the where their business records are requirements that members of the public ‘‘Commission’’) is announcing an located. Instead, both U.S. and non-U.S. submit reports, keep records, or provide opportunity for public comment on the applicants are required to comply only information to a third party. Section proposed extension and revision to the with the existing requirements of Form 3506(c)(2)(A) of the PRA, 44 U.S.C. collection of certain information by the 7–R to identify the location of their 3506(c)(2)(A), requires Federal agencies Commission. Under the Paperwork business records, which remain to provide a 60-day notice in the Reduction Act (‘‘PRA’’), Federal unchanged, and, for non-U.S. FEDERAL REGISTER concerning each agencies are required to publish notice applicants, to indicate that such records proposed collection of information in the FEDERAL REGISTER concerning will be produced for inspection at before submitting the collection to OMB each proposed collection of information NFA’s offices, or at another physical and to allow 60 days for public for approval. To comply with this location (not a post office box) within comment. The Commission revised its requirement, the CFTC is publishing the U.S that the applicant identifies. Form 7–R, the application form that notice of the proposed revision to the In the section titled ‘‘Holding entities that engage in certain specified collections of information listed below. Company Information,’’ the revised business activities in the derivatives An agency may not conduct or sponsor, Form 7–R requests additional markets regulated by the Commission and a person is not required to respond information about any entity that is a must use to register with the to, a collection of information unless it principal (as defined in Form 7–R) of Commission. This notice solicits displays a currently valid OMB number. the applicant. Form 7–R previously comments on the PRA implications of Titles: Registration Under the required applicants to identify by name the revisions to Form 7–R, including Commodity Exchange Act (OMB control any entity that was a principal of the comments that address the burdens number 3038–0023); Registration of applicant. The revised Form 7–R associated with the modified Swap Dealers and Major Swap requires, for each entity that is information collection requirements of Participants (OMB control number identified as a principal of the the revised Form 7–R. 3038–0072). This is a request for applicant, then the applicant also must extension and revision of these DATES: Comments must be submitted on provide the entity’s Federal EIN and the currently approved information or before May 10, 2019. location where the entity is collections. incorporated, organized, or established. ADDRESSES: You may submit comments, Abstract: The Commission is revising This additional information is intended identified by ‘‘OMB control numbers its Form 7–R,1 the application form that to ensure accurate identification of the 3038–0023 and 3038–0072; Adoption of entities must use to register with the entity, given that firms sometimes can Revised Registration Form 7–R,’’ by any Commission as a commodity pool have the same or similar names. of the following methods: operator, commodity trading advisor, In the section titled ‘‘Disciplinary • The Agency’s website, via its introducing broker, floor trader firm, Information—Regulatory Disclosures,’’ a Comments Online process at http:// retail foreign exchange dealer, futures new question was added to existing comments.cftc.gov/. Follow the commission merchant, leverage Question E. The new question directs instructions for submitting comments transaction merchant, swap dealer, or the applicant to disclose whether it has through the website. major swap participant. The collections ever been found to have failed to • Mail: Christopher Kirkpatrick, of information related to Form 7–R were supervise another person’s activities Secretary of the Commission, previously approved by OMB in under any investment-related statute or Commodity Futures Trading accordance with the PRA and assigned regulation. The new question is Commission, Three Lafayette Centre, OMB control numbers 3038–0023 and intended to ensure complete disclosure 1155 21st Street NW, Washington, DC 3038–0072. of conduct that may result in a refusal 20581. 1. Form 7–R Revision or limitation on registration. • Hand Delivery/Courier: Same as Items that pertain only to NFA Mail above. The revised Form 7–R contains membership have been removed from Please submit your comments using several changes that, when considered the form. In the past, Form 7–R only one method. All comments must be functioned as a registration form for the submitted in English, or if not, 1 See, Adoption of Revised Registration Form 7– Commission and NFA, and as an R, published in the FEDERAL REGISTER concurrently accompanied by an English translation. with this Notice that contains the revised version application for NFA membership. To Comments will be posted as received to of Form 7–R, incorporating the changes discussed the extent that questions ask for http://www.cftc.gov. in this notice. information that is necessary for NFA

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membership but is not necessary for consisting of hyperlinks to the text of pre-screen, filter, redact, refuse or registration, those questions have been the applicable provisions of the remove any or all of your submission removed from the form and will appear Commodity Exchange Act, Commission from http://www.cftc.gov that it may in a separate application for NFA Regulations, and NFA Rules, whenever deem to be inappropriate for membership. Specifically, revised Form those authorities are referenced in the publication, such as obscene language. 7–R no longer contains: a series of form. Additionally, revised Form 7–R All submissions that have been redacted questions that inquire whether the incorporates certain clarifying language or removed that contain comments on applicant will transact in retail off- where appropriate. For example, the the merits of the information collection exchange foreign currency, swap, term ‘‘futures’’ has been replaced with request will be retained in the public futures, or options; a question that is the term ‘‘derivatives’’ in several comment file and will be considered as directed to applicants that are locations to more accurately reflect the required under the Administrative registering in multiple capacities that full scope of the Commission’s Procedure Act and other applicable asks them to select the capacity in jurisdiction. Similarly, the reference to laws, and may be accessible under the which they intend to vote on NFA a failure to pay an award issued in a Freedom of Information Act. membership matters; a question that futures-related arbitration was replaced Burden Statement: As explained asks applicants that are applying to with the phrase failure to pay an award above, the Commission believes that the register as a futures commission related to a CFTC-related product. The revisions to Form 7–R will result in no merchant to indicate whether the revised Form 7–R contains other net change to the information collection applicant has applied for membership at changes to the language, formatting and burdens associated with that Form any United States commodity exchange; organization of Form 7–R, all of under OMB control numbers 3038–0023 a question that asks an applicant that is which—individually and collectively— and 3038–0072.3 • applying for registration as a swap do not alter the information collection The Commission estimates the dealer or major swap participant to burdens associated with Form 7–R. The burden of this collection of information indicate whether the applicant is only changes to Form 7–R that could under OMB control number 3038–0023 currently regulated by other U.S. affect the information collection to be: regulators and to identify those burdens associated with the form are Respondents/Affected Entities: Users regulators; and lastly, contact those discussed above. of Form 7–R that are futures information for the applicant’s commission merchants, retail foreign Membership Contact, Accounting 2. Invitation to Comment exchange dealers, introducing brokers, Contact, Assessment Fee Contact, With respect to the information commodity trading advisors, commodity Arbitration Contact, Compliance collections discussed above, the CFTC pool operators, floor trader firms, and Contact, or Chief Compliance Officer invites comments on: leverage transaction merchants. Contact. • Whether the proposed revision to Estimated number of respondents: Additionally, NFA is simplifying the the collection of information is 78.055. process by which it requests necessary for the proper performance of Estimated total annual burden on supplemental information and the functions of the Commission, respondents: 7,735 hours. documentation regarding the applicant’s including whether the information will Frequency of collection: Periodically. criminal, regulatory or financial have a practical use; There are no capital costs or operating disclosures. The prior version of Form • The accuracy of the Commission’s and maintenance costs associated with this collection. 7–R requested that applicants provide a estimate of the burden of the proposed • written explanation of the facts and revision to the collection of information, The Commission estimates the circumstances regarding any such including the validity of the burden of this collection of information disclosures. Applicants were also methodology and assumptions used; under OMB control number 3038–0072 separately requested to provide NFA • Ways to enhance the quality, to be: with copies of pertinent documents usefulness, and clarity of the Respondents/Affected Entities: Users associated with each disclosure. To information to be collected; and of Form 7–R that are swap dealers and consolidate and modernize this process, • Ways to minimize the burden of major swap participants. The following the revised Form 7–R allows applicants collection of information on those who estimates are based on the average to complete electronically a separate are to respond, including through the annual number of swap dealer and ‘‘Disclosure Matter Page’’ for each further use of appropriate automated major swap participant Form 7–R filers matter, instance or event requiring electronic, mechanical, or other for the past three years. disclosure and to simultaneously technological collection techniques or Estimated number of respondents: upload all pertinent documents other forms of information technology; 772. Estimated total annual burden on associated with each disclosure. The e.g., further enhancing electronic respondents: 672 hours. Disclosure Matter Page provides submission of responses. Frequency of collection: Periodically. applicants with an efficient and You should submit only information There are no capital costs or operating effective method of supplying the that you wish to make available and maintenance costs associated with supplemental information and publicly. If you wish the Commission to this collection. documentation that NFA requests in the consider information that you believe is normal course whenever an applicant exempt from disclosure under the (Authority: 44 U.S.C. 3501 et seq.) responds affirmatively to any of the Freedom of Information Act, a petition questions regarding criminal, regulatory for confidential treatment of the exempt 3 The revisions to Form 7–R do not change the existing estimated number of respondents under or financial disclosures. information may be submitted according OMB control numbers 3038–0023 and 3038–0072. Lastly, revised Form 7–R contains to the procedures established in This estimate includes the collection burdens several changes that do not alter the Regulation 145.9.2 associated with Forms 7–R, 7–W, 8–R and 8–T, information collection burdens The Commission reserves the right, based on the historical practice of the Commission of addressing the burden estimates in aggregate, associated with Form 7–R. The revised but shall have no obligation, to review, rather than separately on a form-by-form basis, for Form 7–R incorporates new all of the registration forms: Forms 7–R, 7–W, 8– functionality throughout the form, 2 17 CFR 145.9. R, and 8–W.

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Dated: March 5, 2019. employment, and pay data on current determination systems which provide Robert Sidman, and former military and civilian data matching through the Public Deputy Secretary of the Commission. personnel and survivors and Assistance Reporting Information [FR Doc. 2019–04296 Filed 3–8–19; 8:45 am] dependents of military personnel. System (PARIS) or a successor system. BILLING CODE 6351–01–P System data is used to conduct The Computer Matching Agreement is computer matches with various agencies between DoD (recipient/matching in accordance with the Computer agency), the Department of Health and Matching and Privacy Protection Act of DEPARTMENT OF DEFENSE Human Services (HHS—facilitating 1988. This proposed routine use will agency) and the state public assistance Office of the Secretary enable the conducting of a match with agencies (SPAAs—source agencies). state public assistance agencies to HHS no longer facilitates the transfer of Termination of the Government- continue. data; the data transfer is made directly Industry Advisory Panel DATES: Comments will be accepted on or from the SPAAs to DoD. For this reason, the routine use of sharing this AGENCY: Department of Defense. before April 10, 2019. This proposed action will be effective on the date information with the SPAAs must be ACTION: Termination of Federal following the end of the comment added to the system of records notice. Advisory Committee. period unless comments are received Dated: March 6, 2019. which result in a contrary SUMMARY: The Department of Defense is Aaron T. Siegel, determination. publishing this notice to announce that Alternate OSD Federal Register Liaison it is terminating the Government- ADDRESSES: You may submit comments, Officer, Department of Defense. Industry Advisory Panel (‘‘the Panel’’), identified by docket number and title, effective March 4, 2019. by any of the following methods: SYSTEM NAME AND NUMBER FOR FURTHER INFORMATION CONTACT: Jim * Federal Rulemaking Portal: http:// Defense Manpower Data Center Data Freeman, Advisory Committee www.regulations.gov. Base, DMDC 01 Management Officer for the Department Follow the instructions for submitting of Defense, 703–692–5952. comments. SECURITY CLASSIFICATION: SUPPLEMENTARY INFORMATION: The Panel * Mail: Department of Defense, Office is being terminated under the provisions of the Chief Management Officer, Unclassified. of the Federal Advisory Committee Act Directorate of Oversight and (FACA) of 1972 (5 U.S.C., Appendix) Compliance, 4800 Mark Center Drive, SYSTEM LOCATION: Mailbox #24, Suite 08D09, Alexandria, and 41 CFR 102–3.55, and the Naval Postgraduate School Computer Government in the Sunshine Act of VA 22350–1700. Instructions: All submissions received Center, Naval Postgraduate School, 1976 (5 U.S.C. 552b), effective March 4, Monterey, CA 93943–5000. 2019. must include the agency name and docket number for this Federal Register SYSTEM MANAGER(S): Dated: March 6, 2019. document. The general policy for Aaron T. Siegel, comments and other submissions from Deputy Director, Defense Manpower Alternate OSD Federal Register, Liaison members of the public is to make these Data Center, DoD Center Monterey Bay, Officer, Department of Defense. submissions available for public 400 Gigling Road, Seaside, CA 93955– [FR Doc. 2019–04382 Filed 3–8–19; 8:45 am] viewing on the internet at http:// 6771. BILLING CODE 5001–06–P www.regulations.gov as they are * * * * * received without change, including any personal identifiers or contact ROUTINE USES OF RECORDS MAINTAINED IN THE DEPARTMENT OF DEFENSE information. SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of the Secretary FOR FURTHER INFORMATION CONTACT: Ms. THE PURPOSES OF SUCH USES: Luz D. Ortiz, Chief, Records, Privacy 16. To State public assistance [Docket ID DOD–2019–OS–0022] and Declassification Division (RPDD), agencies to conduct computer matching 1155 Defense Pentagon, Washington, DC programs regulated by the Privacy Act Privacy Act of 1974; System of 20311–1155, or by phone at (571) 372– Records of 1974, as amended (5 U.S.C. 552a), for 0478. the Public Assistance Reporting AGENCY: Office of Secretary of Defense, SUPPLEMENTARY INFORMATION: An Information System (PARIS) for the DoD. additional routine use needs to be purpose of determining continued ACTION: Notice of a Modified System of added to the system of records notice eligibility and help eliminate fraud and Records Notice. due to a change in the process of abuse in benefit programs by identifying transferring data in the execution of the individuals who are receiving Federal SUMMARY: The Department of Defense Computer Matching Agreement (CMA compensation or pension payments and proposes to add a new routine use to #86) also known as the PARIS also are receiving payments pursuant to facilitate a computer matching Agreement. CMA #86 helps identify Federal benefit programs being agreement which allows participating individuals receiving both federal administered by the States. State Public Assistance Agencies to compensation and pension benefits and * * * * * identify individuals receiving both public assistance benefits under federal federal compensation and pension programs administered by the states and HISTORY: benefits and public assistance benefits to verify public assistance clients’ under federal programs administered by income declarations. This agreement is November 23, 2011, 76 FR 72391; the states and to verify public assistance in accordance with the amended section February 27, 2019, 84 FR 6383. clients’ income declarations. The system 1903(r) of the Social Security Act which [FR Doc. 2019–04372 Filed 3–8–19; 8:45 am] of records contains personnel, requires states to maintain eligibility BILLING CODE 5001–06–P

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DEPARTMENT OF DEFENSE Annual Burden Hours: 48. Dated: March 6, 2019. Number of Respondents: 48. Aaron T. Siegel, Office of the Secretary Responses per Respondent: 1. Alternate OSD Federal Register Liaison [Docket ID DOD–2018–HA–0102] Annual Responses: 48. Officer, Department of Defense. Average Burden per Response: 1 hour. [FR Doc. 2019–04345 Filed 3–8–19; 8:45 am] Submission for OMB Review; Frequency: As required. BILLING CODE 5001–06–P Comment Request Total Annual Burden Hours: 258.2 Total Number of Respondents: 84 AGENCY: Office of the Assistant DEPARTMENT OF DEFENSE Secretary of Defense for Health Affairs, total. DoD. Total Average Burden per Response: 1 Department of the Navy ACTION: 30-day information collection hour. notice. Total Annual Responses: 258. Certificate of Alternate Compliance for Needs and Uses: This information USS TRIPOLI (LHA 7) SUMMARY: The Department of Defense collection is necessary to conduct AGENCY: has submitted to OMB for clearance the research as part of a U.S.-Liberia Department of the Navy, DoD. following proposal for collection of collaboration funded by the U.S. ACTION: Notice of Issuance of Certificate information under the provisions of the Department of Defense Center for Global of Alternate Compliance. Paperwork Reduction Act. Health Engagement. The study SUMMARY: The U.S. Navy hereby DATES: Consideration will be given to all objectives are to determine the most appropriate cleansing material (soap, announces that a Certificate of Alternate comments received by April 10, 2019. Compliance has been issued for USS ADDRESSES: Comments and alcohol, or hypochlorite/chlorine solution) for routine hand hygiene in TRIPOLI (LHA 7). Due to the special recommendations on the proposed construction and purpose of this vessel, information collection should be Liberian healthcare facilities and to determine how best to implement hand the Deputy Assistant Judge Advocate emailed to Mr. Josh Brammer, DoD Desk General (DAJAG) (Admiralty and Officer, at oira_submission@ hygiene programs in these facilities. Results of this study may inform Maritime Law) has determined that it is omb.eop.gov. Please identify the a vessel of the Navy which, due to its proposed information collection by DoD Liberian Government strategies to expand and implement best hospital special construction and purpose, Desk Officer, Docket ID number, and cannot comply fully with the certain title of the information collection. hand hygiene intervention(s) across the nation, and also help shape hand provisions of the International FOR FURTHER INFORMATION CONTACT: hygiene program implementation in the Regulations for Preventing Collisions at Angela James, 571–372–7574, or U.S. DoD global humanitarian Sea, 1972 (72 COLREGS) without whs.mc-alex.esd.mbx.dd-dod- assistance, disaster relief, and health interfering with its special functions as [email protected]. system strengthening. a naval ship. The intended effect of this notice is to warn mariners in waters SUPPLEMENTARY INFORMATION: Affected Public: Individuals or where 72 COLREGS apply. Title; Associated Form; and OMB households. Number: Comparing Hospital Hand Frequency: As required. DATES: This Certificate of Alternate Hygiene in Liberia: Soap, Alcohol, and Respondent’s Obligation: Voluntary. Compliance is effective March 11, 2019 Hypochlorite; OMB Control Number and is applicable beginning March 4, OMB Desk Officer: Mr. Josh Brammer. 0720–XXXX. 2019. Type of Request: New collection. You may also submit comments and FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or recommendations, identified by Docket Lieutenant Commander Bradley L. households. ID number and title, by the following Davis, JAGC, U.S. Navy, Admiralty Phase 1 Interview: method: • Attorney, Office of the Judge Advocate Annual Burden Hours: 84. Federal eRulemaking Portal:http:// General, Admiralty and Maritime Law Number of Respondents: 84. www.regulations.gov. Follow the Division (Code 11), 1322 Patterson Ave Responses per Respondent: 1. instructions for submitting comments. SE, Suite 3000, Washington Navy Yard, Annual Responses: 84. Instructions: All submissions received DC 20374–5066, telephone number: Average Burden per Response: 1 hour. must include the agency name, Docket 202–685–5040, or [email protected]. Frequency: As required. ID number, and title for this Federal Phase 2 Interview: Register document. The general policy SUPPLEMENTARY INFORMATION: Annual Burden Hours: 90. for comments and other submissions Background and Purpose. Executive Number of Respondents: 36. from members of the public is to make Order 11964 of January 19, 1977 and 33 Responses per Respondent: 2.5.1 these submissions available for public U.S.C. 1605 provide that the Annual Responses: 90. viewing on the internet at http:// requirements of the 72 COLREGS, as to Average Burden per Response: 1 hour. www.regulations.gov as they are the number, position, range, or arc of Frequency: As required. received without change, including any visibility of lights or shapes, as well as Phase 3 Interview: personal identifiers or contact to the disposition and characteristics of Annual Burden Hours: 36. information. sound-signaling appliances, shall not Number of Respondents: 36. DoD Clearance Officer: Ms. Angela apply to a vessel or class of vessels of Responses per Respondent: 1. James. the Navy where the Secretary of the Annual Responses: 36. Requests for copies of the information Navy shall find and certify that, by Average Burden per Response: 1 hour. collection proposal should be sent to reason of special construction or Frequency: As required. Ms. James at whs.mc-alex.esd.mbx.dd- purpose, it is not possible for such Phase 4 Interview: [email protected]. vessel(s) to comply fully with the provisions without interfering with the 1 Respondents may complete a follow up to their 2 Some respondents are the same throughout the special function of the vessel(s). Notice original response during Phase 2, via a focus group. collection’s phases. of issuance of a Certificate of Alternate

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Compliance must be made in the natural gas to non-free trade agreement DEPARTMENT OF ENERGY Federal Register. countries under section 3(a) of the In accordance with 33 U.S.C. 1605, Natural Gas Act (NGA). Federal Energy Regulatory the DAJAG (Admiralty and Maritime Commission FOR FURTHER INFORMATION CONTACT: Law), under authority delegated by the [Docket No. CP19–97–000] Secretary of the Navy, hereby finds and Amy Sweeney, U.S. Department of certifies that USS TRIPOLI (LHA 7) is a Energy (FE–34), Office of Regulation, Guthrie Natural Gas Utility; Notice of vessel of special construction or Analysis, and Engagement, Office of Application purpose, and that, with respect to the Fossil Energy, Forrestal Building, position of the following navigational Take notice that on February 21, 2019, Room 3E–042, 1000 Independence Guthrie Natural Gas Utility (Guthrie), lights, it is not possible to comply fully Avenue SW, Washington, DC 20585, with the requirements of the provisions P.O. Box 632, Guthrie, Kentucky 42234, (202) 586–2627, Amy.Sweeney@ filed in Docket No. CP19–97–000 an enumerated in the 72 COLREGS without hq.doe.gov. interfering with the special function of application pursuant to section 7(f) of the vessel: Cassandra Bernstein, U.S. Department of the Natural Gas Act (NGA) requesting a service area determination so that it may Annex I, paragraph 3(a), pertaining to Energy (GC–76)m Office of the expand or enlarge its facilities with or the location of the forward masthead Assistant General Counsel for without further Commission light; Annex I, paragraph 3(a), Electricity and Fossil Energy, authorization. Guthrie is a public utility pertaining to the horizontal separation Forrestal Building, 1000 providing natural gas service to of the forward and aft masthead lights; Independence Avenue SW, customers in Kentucky that is regulated Rule 21(a), pertaining to the position of Washington, DC 20585, (202) 586– by the Kentucky Public Service the masthead lights in relation to the 9793, Cassandra.Bernstein@ Commission. Guthrie is seeking a centerline of the ship; Annex I, hq.doe.gov. service area determination to operate paragraph 2(g), pertaining to the SUPPLEMENTARY INFORMATION: On March approximately 25 feet of pipeline across position of the side lights; and Annex I, the Kentucky/Tennessee border in order paragraph 3(b), pertaining to the 5, 2019, DOE/FE issued Order No. 4346 to Venture Global Calcasieu Pass, LLC to interconnect with the City of location of the side lights in relation to Clarksville, Tennessee’s Gas and Water (Calcasieu Pass) under NGA section the forward masthead light. Department pipeline facilities, through 3(a), 15 U.S.C. 717b(a). This Order The DAJAG (Admiralty and Maritime which Guthrie receives its natural gas Law) further finds and certifies that authorizes Calcasieu Pass to export supply. Guthrie states this interconnect these navigational lights are in closest domestically produced LNG to any is required to serve a new customer in possible compliance with the applicable country with which the United States Guthrie, Kentucky, and that Guthrie provision of the 72 COLREGS. has not entered into a free trade does not now or in the future intend to Authority: 33 U.S.C. 1605(c), E.O. 11964. agreement (FTA) requiring national serve customers in Tennessee. Guthrie treatment for trade in natural gas, and also requests that the Commission Dated: March 5, 2019. with which trade is not prohibited by determine that Guthrie qualifies as a M.S. Werner, U.S. law or policy (non-FTA countries). local distribution company for the Commander, Judge Advocate General’s Corps, Calcasieu Pass is authorized to export purposes of transportation under section U.S. Navy, Federal Register Liaison Officer. the LNG in a volume equivalent to 620 311 of the Natural Gas Policy Act of [FR Doc. 2019–04351 Filed 3–8–19; 8:45 am] billion cubic feet (Bcf) per year of 1978 and that it be granted waiver of all BILLING CODE 3810–FF–P natural gas (1.7 Bcf/day) from the reporting and accounting requirements, proposed Venture Global Calcasieu Pass as well as other rules and regulations Project (Project), to be located in that are normally applicable to natural DEPARTMENT OF ENERGY Cameron Parish, Louisiana. gas companies subject to the Commission’s jurisdiction, all as more DOE/FE participated as a cooperating [FE Docket No. 13–69–LNG; FE Docket No. fully set forth in the application which 14–88–LNG; FE Docket No. 15–25–LNG] agency with the Federal Energy is on file with the Commission and open Regulatory Commission in preparing an to public inspection. Venture Global Calcasieu Pass, LLC; environmental impact statement (EIS) Opinion and Order Granting Long- The filing is available for review at analyzing the potential environmental the Commission in the Public Reference Term Authorization To Export impacts of the proposed Project that Liquefied Natural Gas to Non-Free Room or may be viewed on the would be used to support the export Trade Agreement Nations Commission’s website web at http:// authorization sought from DOE/FE. DOE www.ferc.gov using the eLibrary link. AGENCY: Office of Fossil Energy, adopted the EIS and prepared the ROD, Enter the docket number excluding the Department of Energy. which is attached as an appendix to the last three digits in the docket number ACTION: Record of decision. Order. The ROD can be found here: field to access the document. For https://energy.gov/fe/downloads/ assistance, contact FERC at SUMMARY: The Office of Fossil Energy venture-global-calcasieu-pass-llc- [email protected] or call (FE) of the Department of Energy (DOE) calcasieu-pass. toll-free, (886) 208–3676 or TYY, (202) gives notice of a Record of Decision 502–8659. (ROD) published under the National Signed in Washington, DC, on March 5, Any questions concerning this 2019. Environmental Policy Act of 1969 application may be directed to Dwight (NEPA) and implementing regulations. Amy Sweeney, Luton, Kentucky Energy Systems, LLC, As discussed, this ROD supports DOE/ Director, Division of Natural Gas Regulation, P.O. Box 632, Guthrie, Kentucky 42234, FE’s decision in DOE/FE Order No. Office of Fossil Energy. by telephone at (931) 624–3677, or by 4346, an opinion and order authorizing [FR Doc. 2019–04299 Filed 3–8–19; 8:45 am] email [email protected]; or James Venture Global Calcasieu Pass, LLC to BILLING CODE 6450–01–P Covington, Mayor of the City of Guthrie, export domestically produced liquefied Kentucky, 110 Kendall Street, Guthrie,

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Kentucky 42234, by telephone at (270) the party or parties directly involved in DEPARTMENT OF ENERGY 483–2511. the protest. Federal Energy Regulatory Pursuant to section 157.9 of the Persons who wish to comment only Commission’s rules, 18 CFR 157.9, Commission on the environmental review of this within 90 days of this Notice the [Docket No. CP19–100–000] Commission staff will either: Complete project should submit an original and two copies of their comments to the its environmental assessment (EA) and Tennessee Gas Pipeline Company, Secretary of the Commission. place it into the Commission’s public LLC; Notice of Request Under Blanket Environmental commenters will be record (eLibrary) for this proceeding; or Authorization issue a Notice of Schedule for placed on the Commission’s Environmental Review. If a Notice of environmental mailing list and will be Take notice that on February 28, 2019, Schedule for Environmental Review is notified of any meetings associated with Tennessee Gas Pipeline Company, issued, it will indicate, among other the Commission’s environmental review L.L.C. (Tennessee), 1001 Louisiana milestones, the anticipated date for the process. Environmental commenters Street, Houston, Texas 77002, filed in Commission staff’s issuance of the final will not be required to serve copies of the above referenced docket a prior environmental impact statement (FEIS) filed documents on all other parties. notice request pursuant to sections or EA for this proposal. The filing of the However, the non-party commenters 157.205 and 157.211(a)(2) of the EA in the Commission’s public record will not receive copies of all documents Commission’s regulations under the for this proceeding or the issuance of a filed by other parties or issued by the Natural Gas Act (NGA) and its blanket certificate issued in Docket No. CP82– Notice of Schedule for Environmental Commission and will not have the right Review will serve to notify federal and 413–000 for authorization to construct to seek court review of the and operate a new delivery point to state agencies of the timing for the Commission’s final order. completion of all necessary reviews, and serve the Hanscom Air Force Base the subsequent need to complete all As of the February 27, 2018 date of (Hanscom) in Middlesex County, federal authorizations within 90 days of the Commission’s order in Docket No. Massachusetts. Tennessee has already the date of issuance of the Commission CP16–4–001, the Commission will installed a three-inch-diameter hot tap staff’s FEIS or EA. apply its revised practice concerning assembly pursuant to the authority There are two ways to become out-of-time motions to intervene in any granted in Docket No. CP14–483–000. involved in the Commission’s review of new Natural Gas Act section 3 or section Once Hanscom completes the associated this project. First, any person wishing to 7 proceeding.1 Persons desiring to meter station on its property, Tennessee obtain legal status by becoming a party become a party to a certificate proposes to install electronic gas to the proceedings for this project proceeding are to intervene in a timely measurement equipment, a flow should, on or before the comment date manner. If seeking to intervene out-of- computer, power communications stated below file with the Federal time, the movant is required to show equipment, and measurement Energy Regulatory Commission, 888 good cause why the time limitation appurtenances, all located at the meter First Street NE, Washington, DC 20426, should be waived, and should provide station site. Tennessee states that the facilities will be able to delivery up to a motion to intervene in accordance justification by reference to factors set with the requirements of the 9.5 million cubic feet of natural gas per forth in Rule 214(d)(1) of the Commission’s Rules of Practice and day at an estimated cost of Commission’s Rules and Regulations.2 Procedure (18 CFR 385.214 or 385.211) approximately $65,000, all as more fully and the Regulations under the NGA (18 The Commission strongly encourages set forth in the request which is on file CFR 157.10). A person obtaining party electronic filings of comments, protests with the Commission and open to status will be placed on the service list and interventions in lieu of paper using public inspection. maintained by the Secretary of the the eFiling link at http://www.ferc.gov. The filing is available for review at Commission and will receive copies of Persons unable to file electronically the Commission in the Public Reference all documents filed by the applicant and should submit an original and 3 copies Room or may be viewed on the by all other parties. A party must submit of the protest or intervention to the Commission’s website web at http:// 3 copies of filings made in the Federal Energy Regulatory Commission, www.ferc.gov using the eLibrary link. proceeding with the Commission and 888 First Street NE, Washington, DC Enter the docket number excluding the must provide a copy to the applicant 20426. last three digits in the docket number and to every other party. Only parties to field to access the document. For the proceeding can ask for court review Comment Date: 5:00 p.m. Eastern assistance, contact FERC at of Commission orders in the proceeding. Time on March 20, 2019. [email protected] or call However, a person does not have to Dated: February 27, 2019. toll-free, (886) 208–3676 or TYY, (202) intervene in order to have comments Kimberly D. Bose, 502–8659. considered. The second way to Any questions regarding this Secretary. participate is by filing with the application should be directed Ben J. Secretary of the Commission, as soon as [FR Doc. 2019–04321 Filed 3–8–19; 8:45 am] Carranza, Director—Regulatory, possible, an original and two copies of BILLING CODE 6717–01–P Tennessee Gas Pipeline Company, comments in support of or in opposition L.L.C., 1001 Louisiana Street, Houston, to this project. The Commission will Texas 77002, by telephone at (713) 420– consider these comments in 5535, or by email at ben_carranza@ determining the appropriate action to be kindermorgan.com. taken, but the filing of a comment alone Any person or the Commission’s staff will not serve to make the filer a party may, within 60 days after issuance of to the proceeding. The Commission’s the instant notice by the Commission, rules require that persons filing 1 Tennessee Gas Pipeline Company, L.L.C., 162 file pursuant to Rule 214 of the comments in opposition to the project FERC 61,167 at 50 (2018). Commission’s Procedural Rules (18 CFR provide copies of their protests only to 2 18 CFR 385.214(d)(1). 385.214) a motion to intervene or notice

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of intervention and pursuant to section Dated: March 5, 2019. Public Reference Room in Washington, 157.205 of the regulations under the Kimberly D. Bose, DC. There is an eSubscription link on NGA (18 CFR 157.205), a protest to the Secretary. the website that enables subscribers to request. If no protest is filed within the [FR Doc. 2019–04331 Filed 3–8–19; 8:45 am] receive email notification when a time allowed therefore, the proposed BILLING CODE 6717–01–P document is added to a subscribed activity shall be deemed to be docket(s). For assistance with any FERC authorized effective the day after the Online service, please email time allowed for filing a protest. If a DEPARTMENT OF ENERGY [email protected]. or call protest is filed and not withdrawn (866) 208–3676 (toll free). For TTY, call within 30 days after the allowed time Federal Energy Regulatory (202) 502–8659. Commission for filing a protest, the instant request Dated: March 5, 2019. shall be treated as an application for [Docket No. ER19–1179–000] Kimberly D. Bose, authorization pursuant to section 7 of Secretary. the NGA. AES ES Gilbert, LLC; Supplemental Notice That Initial Market-Based Rate [FR Doc. 2019–04314 Filed 3–8–19; 8:45 am] Pursuant to section 157.9 of the BILLING CODE 6717–01–P Commission’s rules, 18 CFR 157.9, Filing Includes Request for Blanket within 90 days of this Notice the Section 204 Authorization Commission staff will either: Complete This is a supplemental notice in the DEPARTMENT OF ENERGY its environmental assessment (EA) and above-referenced Innovative AES ES place it into the Commission’s public Gilbert, LLC’s application for market- Federal Energy Regulatory record (eLibrary) for this proceeding; or based rate authority, with an Commission issue a Notice of Schedule for accompanying rate tariff, noting that [Docket No. AD19–8–000] Environmental Review. If a Notice of such application includes a request for Schedule for Environmental Review is blanket authorization, under 18 CFR Notice of Workshop: America’s Water issued, it will indicate, among other part 34, of future issuances of securities Infrastructure Act of 2018 milestones, the anticipated date for the and assumptions of liability. Commission staff’s issuance of the EA Any person desiring to intervene or to The Federal Energy Regulatory for this proposal. The filing of the EA protest should file with the Federal Commission (FERC or Commission) staff in the Commission’s public record for Energy Regulatory Commission, 888 will hold a workshop on April 4, 2019, this proceeding or the issuance of a First Street NE, Washington, DC 20426, from 1:00 p.m. (EDT) to 4:45 p.m. (EDT) Notice of Schedule for Environmental in accordance with Rules 211 and 214 in the Commission Meeting Room at 888 Review will serve to notify federal and of the Commission’s Rules of Practice First Street NE, Washington, DC 20426. state agencies of the timing for the and Procedure (18 CFR 385.211 and The workshop will be open to the completion of all necessary reviews, and 385.214). Anyone filing a motion to public, and all interested parties are the subsequent need to complete all intervene or protest must serve a copy invited to attend and participate. The federal authorizations within 90 days of of that document on the Applicant. workshop will be led by Commission the date of issuance of the Commission Notice is hereby given that the staff, and may be attended by one or staff’s EA. deadline for filing protests with regard more Commissioners. The workshop will involve roundtable discussions by Persons who wish to comment only to the applicant’s request for blanket authorization, under 18 CFR part 34, of a number of panelists and moderated by on the environmental review of this Commission staff. project should submit an original and future issuances of securities and assumptions of liability, is March 25, The purpose of the workshop is to two copies of their comments to the explore potential opportunities for Secretary of the Commission. 2019. The Commission encourages development of closed-loop pumped Environmental commenters will be electronic submission of protests and storage projects at abandoned mine sites placed on the Commission’s interventions in lieu of paper, using the in compliance with section 3004 of the environmental mailing list and will be FERC Online links at http:// America’s Water Infrastructure Act of notified of any meetings associated with www.ferc.gov. To facilitate electronic 2018. An agenda for the workshop is the Commission’s environmental review service, persons with internet access attached to this notice. There will be process. Environmental commenters who will eFile a document and/or be time for audience questions and will not be required to serve copies of listed as a contact for an intervenor comments following each agenda filed documents on all other parties. must create and validate an discussion topic. However, the non-party commenters eRegistration account using the A free webcast of this event will be will not receive copies of all documents eRegistration link. Select the eFiling available through www.ferc.gov. Anyone filed by other parties or issued by the link to log on and submit the with internet access who wants to view Commission and will not have the right intervention or protests. this event can do so by navigating to the to seek court review of the Persons unable to file electronically Calendar of Events at www.ferc.gov and Commission’s final order. should submit an original and 5 copies locating this event in the Calendar. The The Commission strongly encourages of the intervention or protest to the Capitol Connection provides technical electronic filings of comments, protests Federal Energy Regulatory Commission, support for webcasts and offers the and interventions in lieu of paper using 888 First Street NE, Washington, DC option of listening to the workshop via the eFiling link at http://www.ferc.gov. 20426. phone-bridge for a fee. If you have any Persons unable to file electronically The filings in the above-referenced questions, visit should submit an original and 3 copies proceeding are accessible in the www.CapitolConnection.org or call (703) of the protest or intervention to the Commission’s eLibrary system by 993–3100. Federal Energy Regulatory Commission, clicking on the appropriate link in the Those interested in attending the 888 First Street NE, Washington, DC above list. They are also available for workshop or viewing the webcast are 20426. electronic review in the Commission’s encouraged to register at https://

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www.ferc.gov/whats-new/registration/ to intervene or protest must serve a copy Docket Numbers: RP18–1126–002. 04-04-19-form.asp. of that document on the Petitioner. Applicants: Transcontinental Gas Commission workshops are accessible The Commission encourages Pipe Line Company, LLC. under section 508 of the Rehabilitation electronic submission of protests and Description: Compliance filing Act of 1973. For accessibility interventions in lieu of paper using the Compliance Filing to Update Suspended accommodations, please send an email eFiling link at http://www.ferc.gov. Tariff Records in Docket No. RP18–1126 to [email protected], call (866) 208– Persons unable to file electronically to be effective 3/1/2019. 3372 (toll free) or (202) 208–8659 (TTY), should submit an original and 5 copies Filed Date: 2/28/19. or send a FAX to (202) 208–2106 with of the protest or intervention to the Accession Number: 20190228–5276. the required accommodations. Federal Energy Regulatory Commission, Comments Due: 5 p.m. ET 3/12/19. For more information about this 888 First Street NE, Washington, DC Docket Numbers: RP19–700–001. workshop, please contact: Monir 20426. Applicants: Natural Gas Pipeline Chowdhury (Technical Information), This filing is accessible on-line at Company of America. Office of Energy Projects, Federal http://www.ferc.gov, using the eLibrary Description: Tariff Amendment: Energy Regulatory Commission, 888 link and is available for review in the Corrected Negotiated Rate Agreement First Street NE, Washington, DC 20426, Commission’s Public Reference Room in Filing-Macquarie Energy LLC to be (202) 502–6736, monir.chowdhury@ Washington, DC. There is an effective 4/1/2019. ferc.gov. eSubscription link on the website that Filed Date: 2/28/19. Sarah McKinley (Logistical enables subscribers to receive email Accession Number: 20190228–5203. Information), Office of External Affairs, notification when a document is added Comments Due: 5 p.m. ET 3/12/19. to a subscribed docket(s). For assistance Federal Energy Regulatory Commission, Docket Numbers: RP19–746–001. with any FERC Online service, please 888 First Street NE, Washington, DC Applicants: Columbia Gas email [email protected], or 20426, (202) 502–8368, Transmission, LLC. [email protected]. call (866) 208–3676 (toll free). For TTY, Description: Tariff Amendment: TCO call (202) 502–8659. Neg Rate and NC Agreement Clean-Up Dated: March 5, 2019. Comment Date: 5:00 p.m. Eastern time (Part 2) to be effective 4/1/2019. Kimberly D. Bose, on March 8, 2019. Secretary. Filed Date: 2/28/19. Dated: February 27, 2019. [FR Doc. 2019–04325 Filed 3–8–19; 8:45 am] Accession Number: 20190228–5250. Kimberly D. Bose, Comments Due: 5 p.m. ET 3/12/19. BILLING CODE 6717–01–P Secretary. Docket Numbers: RP19–757–000. [FR Doc. 2019–04326 Filed 3–8–19; 8:45 am] Applicants: Panhandle Eastern Pipe DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Line Company, LP. Description: § 4(d) Rate Filing: Fuel Federal Energy Regulatory Filing on 3–1–19 to be effective 4/1/ Commission DEPARTMENT OF ENERGY 2019. Filed Date: 3/1/19. [Docket No. OR19–18–000] Federal Energy Regulatory Accession Number: 20190301–5006. Commission Notice of Request for Temporary Comments Due: 5 p.m. ET 3/13/19. Waiver: Sequitur Permian, LLC Combined Notice of Filings Docket Numbers: RP19–758–000. Applicants: Trunkline Gas Company, Take notice that on February 15, 2019, Take notice that the Commission has LLC. Sequitur Permian, LLC (Sequitur received the following Natural Gas Description: § 4(d) Rate Filing: Fuel Permian) filed a petition seeking a Pipeline Rate and Refund Report filings: Filing on 3–1–19 to be effective 4/1/ temporary waiver of the tariff filing and Filings Instituting Proceedings 2019. reporting requirements of sections 6 and Filed Date: 3/1/19. 20 of the Interstate Commerce Act and Docket Number: PR19–44–000. Applicants: Enable Oklahoma Accession Number: 20190301–5007. parts 341 and 357 of the Commission’s Comments Due: 5 p.m. ET 3/13/19. regulations. This request pertains to Intrastate Transmission, LLC. certain oil pipeline facilities and Description: Tariff filing per Docket Numbers: RP19–759–000. associated appurtenances to be operated 284.123(b),(e)+(g): Enable Revised Fuel Applicants: Southwest Gas Storage by Sequitur Permian within the State of Percentages April 1, 2019 through Company. Texas, as more fully explained in the March 31, 2020 to be effective 4/1/2019. Description: § 4(d) Rate Filing: Fuel petition. Filed Date: 2/28/19. Filing on 3–1–19 to be effective 4/1/ Accession Number: 201902285128. 2019. Any person desiring to intervene or to Comments Due: 5 p.m. ET 3/21/19. protest this filing must file in Filed Date: 3/1/19. 284.123(g) Protests Due: 5 p.m. ET 4/ Accession Number: 20190301–5008. accordance with Rules 211 and 214 of 29/19. the Commission’s Rules of Practice and Comments Due: 5 p.m. ET 3/13/19. Docket Number: PR19–45–000. Procedure (18 CFR 385.211 and 385.214. Docket Numbers: RP19–760–000. Applicants: EnLink LIG, LLC. Applicants: Florida Gas Transmission Protests will be considered by the Description: Tariff filing per Company, LLC. Commission in determining the 284.123(b)(2)+(g): Petition for Rate Description: § 4(d) Rate Filing: Fuel appropriate action to be taken, but will Approval and Amended Statement of Filing on 3–1–19 to be effective 4/1/ not serve to make protestants parties to Operating Conditions to be effective 3/ 2019. the proceeding. Any person wishing to 1/2019. become a party must file a notice of Filed Date: 3/1/19. Filed Date: 3/1/19. intervention or motion to intervene, as Accession Number: 201903015283. Accession Number: 20190301–5009. appropriate. Such notices, motions, or Comments Due: 5 p.m. ET 3/22/19. Comments Due: 5 p.m. ET 3/13/19. protests must be filed on or before the 284.123(g) Protests Due: 5 p.m. ET 4/ Docket Numbers: RP19–761–000. comment date. Anyone filing a motion 30/19. Applicants: Rover Pipeline LLC.

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Description: § 4(d) Rate Filing: Fuel Applicants: ANR Pipeline Company. Applicants: Kern River Gas Filing on 3–1–19 to be effective 4/1/ Description: § 4(d) Rate Filing: ANR Transmission Company. 2019. WPS Non-Conforming Agmt to be Description: § 4(d) Rate Filing: 2019 Filed Date: 3/1/19. effective 4/1/2019. Daggett Surcharge to be effective Accession Number: 20190301–5010. Filed Date: 3/1/19. 4/1/2019. Comments Due: 5 p.m. ET 3/13/19. Accession Number: 20190301–5018. Filed Date: 3/1/19. Docket Numbers: RP19–762–000. Comments Due: 5 p.m. ET 3/13/19. Accession Number: 20190301–5090. Applicants: Columbia Gas Docket Numbers: RP19–770–000. Comments Due: 5 p.m. ET 3/13/19. Transmission, LLC. Applicants: Equitrans, L.P. Docket Numbers: RP19–778–000. Description: § 4(d) Rate Filing: EPCA Description: § 4(d) Rate Filing: Applicants: Central Kentucky 2019 to be effective 4/1/2019. Negotiated Capacity Release Transmission Company. Filed Date: 3/1/19. Agreements—3/1/2019 to be effective 3/ Description: § 4(d) Rate Filing: RAM Accession Number: 20190301–5011. 1/2019. 2019 to be effective 4/1/2019. Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Filed Date: 3/1/19. Docket Numbers: RP19–763–000. Accession Number: 20190301–5019. Accession Number: 20190301–5096. Applicants: Columbia Gas Comments Due: 5 p.m. ET 3/13/19. Comments Due: 5 p.m. ET 3/13/19. Transmission, LLC. Docket Numbers: RP19–771–000. Docket Numbers: RP19–779–000. Description: § 4(d) Rate Filing: TCRA Applicants: Dauphin Island Gathering Applicants: Tennessee Gas Pipeline 2019 to be effective 4/1/2019. Partners. Company, L.L.C. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: Storm Description: § 4(d) Rate Filing: Accession Number: 20190301–5012. Surcharge 2019 to be effective 4/1/2019. Volume No. 2—Freepoint Commodities Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. SP345229 & SP 345231 to be effective Docket Numbers: RP19–764–000. Accession Number: 20190301–5021. 4/1/2019. Applicants: Columbia Gas Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Accession Number: 20190301–5106. Transmission, LLC. Docket Numbers: RP19–772–000. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: RAM Applicants: Crossroads Pipeline 2019 to be effective 4/1/2019. Company. Docket Numbers: RP19–780–000. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: TRA Applicants: Midwestern Gas Accession Number: 20190301–5013. 2019 to be effective 4/1/2019. Transmission Company. Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: Annual Fuel Retention Percentage Adjustment— Docket Numbers: RP19–765–000. Accession Number: 20190301–5023. Comments Due: 5 p.m. ET 3/13/19. 2019 Rate to be effective 4/1/2019. Applicants: MarkWest Pioneer, L.L.C. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: Docket Numbers: RP19–773–000. Accession Number: 20190301–5125. Quarterly Fuel Adjustment Filing to be Applicants: Southern Star Central Gas Comments Due: 5 p.m. ET 3/13/19. effective 4/1/2019. Pipeline, Inc. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: Fuel Docket Numbers: RP19–781–000. Applicants: Cimarron River Pipeline, Accession Number: 20190301–5014. Filing—Eff. April 1, 2019 to be effective LLC. Comments Due: 5 p.m. ET 3/13/19. 4/1/2019. Description: § 4(d) Rate Filing: Fuel Filed Date: 3/1/19. Docket Numbers: RP19–766–000. Tracker 2019—Summer Season Rates to Accession Number: 20190301–5024. Applicants: ANR Pipeline Company. be effective 4/1/2019. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: ANR Filed Date: 3/1/19. WISE NC and NR Agmts to be effective Docket Numbers: RP19–774–000. Accession Number: 20190301–5120. 4/1/2019. Applicants: WBI Energy Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Transmission, Inc. Docket Numbers: RP19–782–000. Accession Number: 20190301–5015. Description: § 4(d) Rate Filing: 2019 Applicants: Viking Gas Transmission Comments Due: 5 p.m. ET 3/13/19. Negotiated Service Agreement—ONEOK Company. Docket Numbers: RP19–767–000. to be effective 4/1/2019. Description: § 4(d) Rate Filing: Annual Applicants: WBI Energy Filed Date: 3/1/19. LMCRA—Spring 2019 to be effective Transmission, Inc. Accession Number: 20190301–5025. 4/1/2019. Description: § 4(d) Rate Filing: 2019 Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Annual Fuel & Electric Power Docket Numbers: RP19–775–000. Accession Number: 20190301–5124. Reimbursement Adjustment to be Applicants: KPC Pipeline, LLC. Comments Due: 5 p.m. ET 3/13/19. effective 4/1/2019. Description: § 4(d) Rate Filing: Fuel Docket Numbers: RP19–783–000. Filed Date: 3/1/19. Reimbursement Adjustment to be Applicants: Cheniere Corpus Christi Accession Number: 20190301–5016. effective 4/1/2019. Pipeline L.P. Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Description: Transportation Retainage Docket Numbers: RP19–768–000. Accession Number: 20190301–5026. Adjustment Informational Filing of Applicants: Texas Gas Transmission, Comments Due: 5 p.m. ET 3/13/19. Cheniere Corpus Christi Pipeline, L.P. LLC. Docket Numbers: RP19–776–000. under RP19–783. Description: § 4(d) Rate Filing: Cap Applicants: Guardian Pipeline, L.L.C. Filed Date: 2/28/19. Rel Neg Rate Agmt (EM Energy OH Description: § 4(d) Rate Filing: EPCR Accession Number: 20190228–5334. 35451 to COMA 37838) to be effective Semi-Annual Adjustment—Spring 2019 Comments Due: 5 p.m. ET 3/12/19. 3/1/2019. to be effective 4/1/2019. Docket Numbers: RP19–784–000. Filed Date: 3/1/19. Filed Date: 3/1/19. Applicants: Arlington Storage Accession Number: 20190301–5017. Accession Number: 20190301–5067. Company, LLC. Comments Due: 5 p.m. ET 3/13/19. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: Docket Numbers: RP19–769–000. Docket Numbers: RP19–777–000. Arlington Storage Company, LLC—

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Filing of Tariff Modifications to be Accession Number: 20190301–5244. Description: § 4(d) Rate Filing: effective 4/1/2019. Comments Due: 5 p.m. ET 3/13/19. Negotiated Rate Agreement Update Filed Date: 3/1/19. Docket Numbers: RP19–792–000. (Conoco Mar 2019) to be effective Accession Number: 20190301–5126. Applicants: Empire Pipeline, Inc. 3/1/2019. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: GT&C Filed Date: 3/1/19. Docket Numbers: RP19–785–000. 12.6 and Housekeeping Changes to be Accession Number: 20190301–5328. Applicants: Viking Gas Transmission effective 4/1/2019. Company. Filed Date: 3/1/19. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: Semi- Accession Number: 20190301–5264. Docket Numbers: RP19–800–000. Annual Fuel and Losses Retention Comments Due: 5 p.m. ET 3/13/19. Applicants: Transcontinental Gas Adjustment—Summer 2019 Rate to be Docket Numbers: RP19–793–000. Pipe Line Company, LLC. effective 4/1/2019. Applicants: Enable Gas Transmission, Description: § 4(d) Rate Filing: Annual Filed Date: 3/1/19. LLC. Electric Power Tracker Filing Effective Accession Number: 20190301–5132. Description: § 4(d) Rate Filing: April 1, 2019 to be effective 4/1/2019. Comments Due: 5 p.m. ET 3/13/19. Negotiated Rate Filing—March 2019— Docket Numbers: RP19–786–000. Continental 1011192 to be effective Filed Date: 3/1/19. Applicants: Rockies Express Pipeline 3/1/2019. Accession Number: 20190301–5352. LLC. Filed Date: 3/1/19. Comments Due: 5 p.m. ET 3/13/19. Description: Annual Fuel and Lost & Accession Number: 20190301–5265. Docket Numbers: RP19–801–000. Unaccounted Reimbursement Comments Due: 5 p.m. ET 3/13/19. Percentages and Power Cost Charges of Docket Numbers: RP19–794–000. Applicants: Tennessee Gas Pipeline Rockies Express Pipeline LLC. Applicants: Transwestern Pipeline Company, L.L.C. Filed Date: 2/28/19. Company, LLC. Description: § 4(d) Rate Filing: Fuel Accession Number: 20190228–5343. Description: § 4(d) Rate Filing: Tracker—2019 to be effective 4/1/2019. Comments Due: 5 p.m. ET 3/12/19. Housekeeping Filing on 3–1–19 to be Filed Date: 3/1/19. Docket Numbers: RP19–787–000. effective 4/1/2019. Accession Number: 20190301–5353. Applicants: Columbia Gulf Filed Date: 3/1/19. Transmission, LLC. Accession Number: 20190301–5292. Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: TRA Comments Due: 5 p.m. ET 3/13/19. Docket Numbers: RP19–802–000. 2019 to be effective 4/1/2019. Docket Numbers: RP19–795–000. Applicants: UGI Mt. Bethel Pipeline Filed Date: 3/1/19. Applicants: Transwestern Pipeline Company, LLC. Accession Number: 20190301–5181. Company, LLC. Description: Annual Retainage Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: Adjustment Filing of UGI Mt. Bethel Docket Numbers: RP19–788–000. Housekeeping Filing—Orig. Vol. 1–A Pipeline Company, LLC under RP19– Applicants: KO Transmission filed 3–1–19 to be effective 4/1/2019. 802. Company. Filed Date: 3/1/19. Description: § 4(d) Rate Filing: 2019 Accession Number: 20190301–5295. Filed Date: 3/1/19. Transportation Retainage Adjustment Comments Due: 5 p.m. ET 3/13/19. Accession Number: 20190301–5362. Filing to be effective 4/1/2019. Docket Numbers: RP19–796–000. Comments Due: 5 p.m. ET 3/13/19. Filed Date: 3/1/19. Applicants: Transcontinental Gas The filings are accessible in the Accession Number: 20190301–5199. Pipe Line Company, LLC. Commission’s eLibrary system by Comments Due: 5 p.m. ET 3/13/19. Description: § 4(d) Rate Filing: Non- clicking on the links or querying the Docket Numbers: RP19–789–000. Conforming—Atlantic Sunrise—Pacific docket number. Applicants: Algonquin Gas Summit Energy to be effective 3/1/2019. Any person desiring to intervene or Transmission, LLC. Filed Date: 3/1/19. protest in any of the above proceedings Description: § 4(d) Rate Filing: Accession Number: 20190301–5300. must file in accordance with Rules 211 Negotiated Rate—Yankee to Direct Comments Due: 5 p.m. ET 3/13/19. and 214 of the Commission’s Energy 798806 eff 3–2–2019 to be Docket Numbers: RP19–797–000. Regulations (18 CFR 385.211 and effective 3/2/2019. Applicants: North Baja Pipeline, LLC. 385.214) on or before 5:00 p.m. Eastern Filed Date: 3/1/19. Description: § 4(d) Rate Filing: time on the specified date(s). Protests Accession Number: 20190301–5207. Sempra Negotiated Rate Agreement to may be considered, but intervention is Comments Due: 5 p.m. ET 3/13/19. be effective 3/1/2019. necessary to become a party to the Docket Numbers: RP19–790–000. Filed Date: 3/1/19. proceeding. Applicants: UGI Storage Company. Accession Number: 20190301–5308. eFiling is encouraged. More detailed Description: § 4(d) Rate Filing: Modify Comments Due: 5 p.m. ET 3/13/19. information relating to filing Storage Withdrawal Ratchet Levels to be Docket Numbers: RP19–798–000. requirements, interventions, protests, effective 4/1/2019. Applicants: Transcontinental Gas service, and qualifying facilities filings Filed Date: 3/1/19. Pipe Line Company, LLC. can be found at: http://www.ferc.gov/ Accession Number: 20190301–5231. Description: § 4(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 3/13/19. Transco 2019 Annual Fuel Tracker to be other information, call (866) 208–3676 effective 4/1/2019. Docket Numbers: RP19–791–000. (toll free). For TTY, call (202) 502–8659. Applicants: Gulf Crossing Pipeline Filed Date: 3/1/19. Company LLC. Accession Number: 20190301–5313. Dated: March 5, 2019. Description: § 4(d) Rate Filing: Comments Due: 5 p.m. ET 3/13/19. Kimberly D. Bose, Amendment to Neg Rate Agmt (Total Docket Numbers: RP19–799–000. Secretary. 167–3) to be effective 3/1/2019. Applicants: El Paso Natural Gas [FR Doc. 2019–04330 Filed 3–8–19; 8:45 am] Filed Date: 3/1/19. Company, L.L.C. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Commission receives them in and how to participate in the Washington, DC on or before 5:00 p.m. Commission’s proceedings. Federal Energy Regulatory Eastern Time on April 4, 2019. Public Participation Commission You can make a difference by [Docket Nos. PF17–10–000 and submitting your specific comments or The Commission offers a free service PF19–1–000] concerns about the projects. Your called eSubscription which makes it comments should focus on the potential easy to stay informed of all issuances Notice of Intent To Prepare an environmental effects, reasonable and submittals regarding the dockets/ Environmental Assessment for the alternatives, and measures to avoid or projects to which you subscribe. These Planned FM100 Project and Leidy lessen environmental impacts. Your instant email notifications are the fastest South Project, Request for Comments input will help the Commission staff way to receive notification and provide on Environmental Issues, and Notice determine what issues they need to a link to the document files which can of Public Scoping Session: National evaluate in the EA. Commission staff reduce the amount of time you spend Fuel Gas Supply Company and will consider all filed comments during researching proceedings. To sign up go Transcontinental Gas Pipe Line the preparation of the EA. to www.ferc.gov/docs-filing/ Company, LLC esubscription.asp. If you sent comments on these For your convenience, there are four The staff of the Federal Energy projects to the Commission before the methods you can use to submit your Regulatory Commission (FERC or opening of their respective dockets (i.e., comments to the Commission. The Commission) will prepare an September 14, 2017, for the FM100 Commission encourages electronic filing environmental assessment (EA) that will Project and November 5, 2018, for the of comments and has staff available to discuss the environmental impacts of Leidy South Project), you will need to assist you at (866) 208–3676 or the FM100 Project involving file those comments in Docket Nos. [email protected]. Please construction, operation, and PF17–10–000 for the FM100 Project or carefully follow these instructions so abandonment of facilities by National PF19–1–000 for the Leidy South Project that your comments are properly Fuel Gas Supply Corporation (National to ensure they are considered as part of recorded. Fuel) in Cameron, Clearfield, Clinton, this proceeding. (1) You can file your comments Elk, McKean, and Potter Counties, This notice is being sent to the Pennsylvania; and the Leidy South electronically using the eComment Commission’s current environmental feature, which is located on the Project involving construction and mailing list for these projects. State and operation of facilities by Commission’s website (www.ferc.gov) local government representatives should under the link to Documents and Transcontinental Gas Pipe Line notify their constituents of these Company, LLC (Transco), in Clinton, Filings. Using eComment is an easy planned projects and encourage them to method for submitting brief, text-only Columbia, Lycoming, Luzerne, comment on their areas of concern. Schuylkill, and Wyoming Counties, comments on a project; Pennsylvania. The Commission will use If you are a landowner receiving this (2) You can file your comments this EA in its decision-making process notice, a pipeline company electronically by using the eFiling to determine whether the FM100 Project representative may contact you about feature, which is located on the and Leidy South Project (collectively the acquisition of an easement to Commission’s website (www.ferc.gov) referred to as ‘‘the projects’’) are in the construct, operate, and maintain the under the link to Documents and public convenience and necessity. planned facilities, or to abandon Filings. With eFiling, you can provide This notice announces the opening of existing facilities. The company would comments in a variety of formats by the scoping process the Commission seek to negotiate a mutually acceptable attaching them as a file with your will use to gather input from the public easement agreement. You are not submission. New eFiling users must and interested agencies about issues required to enter into an agreement. first create an account by clicking on regarding the projects. The National However, if the Commission approves eRegister. You will be asked to select the Environmental Policy Act (NEPA) the projects, that approval conveys with type of filing you are making; a requires the Commission to take into it the right of eminent domain. comment on a particular project is account the environmental impacts that Therefore, if you and the company do considered a ‘‘Comment on a Filing’’; or could result from its action whenever it not reach an easement agreement, the (3) You can file a paper copy of your considers the issuance of a Certificate of pipeline company could initiate comments by mailing them to the Public Convenience and Necessity. condemnation proceedings in court. In following address. Be sure to reference NEPA also requires the Commission to such instances, compensation would be the projects docket numbers (PF17–10– discover concerns the public may have determined by a judge in accordance 000 for the FM100 Project; PF19–1–000 about proposals. This process is referred with state law. for the Leidy South Project) with your to as ‘‘scoping.’’ The main goal of the A fact sheet prepared by the FERC submission: Kimberly D. Bose, scoping process is to focus the analysis entitled An Interstate Natural Gas Secretary, Federal Energy Regulatory in the EA on the important Facility On My Land? What Do I Need Commission, 888 First Street NE, Room environmental issues. By this notice, the To Know? is available for viewing on 1A, Washington, DC 20426. Commission requests public comments the FERC website (www.ferc.gov) at (4) In lieu of sending written on the scope of issues to address in the https://www.ferc.gov/resources/guides/ comments, the Commission invites you EA. To ensure that your comments are gas/gas.pdf. This fact sheet addresses a to attend one of the public scoping timely and properly recorded, please number of typically asked questions, sessions its staff will conduct in the submit your comments so that the including the use of eminent domain projects’ area, scheduled as follows:

Date and time Location

Monday, March 18, 2019, 5:00–7:30 p.m ...... Dallas Middle School, 2020 Conyngham Avenue, Dallas, PA 18612, 570–674–7222. Tuesday, March 19, 2019, 5:00–7:30 p.m ...... Tri-Valley High School, 155 East Main Street, Heggins, PA 17938, 570–682–3125.

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Date and time Location

Wednesday, March 20, 2019, 5:00–7:30 p.m ...... Port Allegany High School, 20 Oak Street, Port Allegany, PA 16743, 814–642–2544. Thursday, March 21, 2019, 5:00–7:30 p.m ...... Bucktail Area High School, 1300 Bucktail Avenue, Renovo, PA 17764, 570–923–1166.

The primary goal of these scoping Summary of the Planned Projects • Installation of approximately 3.6 sessions is to have you identify the National Fuel and Transco are miles of 42-inch-diameter pipeline loop specific environmental issues and (Benton Loop) in Lycoming County; planning to construct and operate • concerns that should be considered in interdependent natural gas installation of approximately 2.5 the EA. Individual verbal comments infrastructure projects. The FM100 miles of 36-inch-diameter pipeline loop will be taken on a one-on-one basis with (Hilltop Loop) in Clinton County; Project would modernize a portion of • a court reporter. This format is designed National Fuel’s existing pipeline system replacement of approximately 6.1 to receive the maximum amount of and create 330,000 Dth/day of miles of existing 23.375-inch-diameter verbal comments, in a convenient way incremental transportation capacity. pipeline with 36-inch-diameter pipeline during the timeframe allotted. This additional transportation capacity (Hensel Replacement) in Clinton Each scoping session is scheduled County; is fully subscribed to Transco under a • from 5:00 p.m. to 7:30 p.m. eastern proposed capacity lease which would installation of a new Compressor daylight time. You may arrive at any provide gas supply from the Marcellus Station 607 (up to 46,930 hp) in Luzerne time after 5:00 p.m. There will not be a County; and Utica Shale production areas of • formal presentation by Commission staff Pennsylvania to Transco’s Leidy South installation of a new Compressor when the session opens. If you wish to Project. The Leidy South Project would Station 620 (up to 31,871 hp) in speak, the Commission staff will hand Schuylkill County; provide 582,400 Dth/d of incremental • out numbers in the order of your arrival. firm transportation capacity to Transco’s uprate of two electric motor-driven Comments will be taken until 7:30 p.m. River Road regulating station in compressors (up to an additional 12,000 However, if no additional numbers have Lancaster, Pennsylvania. hp total) at the existing Compressor Station 605 in Wyoming County; been handed out and all individuals The FM100 Project would consist of • who wish to provide comments have the following facilities, all in installation of one new gas turbine had an opportunity to do so, staff may Pennsylvania: driven compressor unit (up to 31,871 conclude the session at 7:00 p.m. Please • Installation of 29.5 miles of new 20- hp) and cooling unit, and the uprating see appendix 1 for additional inch-diameter pipeline (Line YM58) in and re-wheeling of two existing electric information on the session format and McKean and Potter Counties; motor driven compressors (up to an conduct.1 • installation of approximately 1.4 additional 2,000 hp total) at the existing Compressor Station 610 in Columbia Your scoping comments will be miles of 24-inch-diameter pipeline 2 County; and recorded by a court reporter (with FERC loop (YM224 Loop) in Potter County; • • installation of associated facilities staff or representative present) and installation of 0.4 mile of 12-inch- such as mainline valves, become part of the public record for this diameter pipeline (Line KL Extension) communication facilities, and pig 3 proceeding. Transcripts will be publicly in McKean County; • installation of the new Marvindale launchers and receivers. available on FERC’s eLibrary system Compressor Station (up to 15,165 The general locations of the projects’ (see the last page of this notice for horsepower [hp]) in McKean County; facilities are shown in appendix 2. instructions on using eLibrary). If a • installation of the new Tamarack Land Requirements for Construction significant number of people are Compressor Station (up to 22,220 hp) in interested in providing verbal comments Clinton County; Construction of the planned FM100 in the one-on-one settings, a time limit • abandonment in place of Project facilities would disturb of 3 minutes may be implemented for approximately 50.0 miles of 12-inch- approximately 540.0 acres of land for each commentor. diameter pipeline (Line FM100) and the aboveground facilities, construction It is important to note that the appurtenances in Clearfield, Elk, and of the pipelines, and the abandonment Commission provides equal Potter Counties; of Line FM100 and aboveground consideration to all comments received, • abandonment by removal of the facilities. Following construction, whether filed in written form or existing Costello Compressor Station in National Fuel would maintain provided verbally at a scoping session. Potter County; approximately 300.0 acres for Although there will not be a formal • abandonment by removal of the permanent operation of the project’s presentation, Commission staff will be existing Station WHP–MS–4317X in facilities; the remaining acreage would available throughout the scoping session Potter County; be restored and revert to former uses. to answer your questions about the • installation of the Marvindale The majority of the planned pipeline environmental review process. Interconnect in McKean County; routes parallel existing pipeline, utility, • Representatives from Transco and installation of the Carpenter Hollow or road rights-of-way. National Fuel will also be present to over-pressurization protection Station in Construction of the planned Leidy answer project-specific questions. Potter County; and • South Project facilities would disturb installation of associated facilities about 459.0 acres of land for 1 The appendices referenced in this notice will such as mainline valves and other construction of the aboveground and not appear in the Federal Register. Copies of the appurtenant facilities. pipeline facilities. Following appendices were sent to all those receiving this The Leidy South Project would construction, Transco would maintain notice in the mail and are available at www.ferc.gov consist of the following facilities, all in using the link called ‘‘eLibrary’’ or from the Commission’s Public Reference Room, 888 First Pennsylvania: 3 A ‘‘pig’’ is a tool that the pipeline company Street NE, Washington, DC 20426, or call (202) 502– inserts into and pushes through the pipeline for 8371. For instructions on connecting to eLibrary, 2 A pipeline loop is a segment of pipe constructed cleaning the pipeline, conducting internal refer to the last page of this notice. parallel to an existing pipeline to increase capacity. inspections, or other purposes.

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about 75.4 acres for permanent and/or special expertise with respect to Environmental Mailing List operation of the project’s facilities; the the environmental issues related to remaining acreage would be restored these projects to formally cooperate in The environmental mailing list and revert to former uses. The majority the preparation of the EA.5 Agencies includes federal, state, and local of the planned pipeline routes parallel that would like to request cooperating government representatives and existing pipeline, utility, or road rights- agency status should follow the agencies; elected officials; of-way. instructions for filing comments environmental and public interest groups; Native American Tribes; other The EA Process provided under the Public Participation section of this notice. Currently, the interested parties; and local libraries The EA will discuss impacts that U.S. Environmental Protection Agency and newspapers. This list also includes could occur as a result of the and the U.S. Army Corps of Engineers all affected landowners (as defined in construction and operation of the has expressed their intention to the Commission’s regulations) who are planned projects under these general participate as a cooperating agency in potential right-of-way grantors, whose headings: property may be used temporarily for • the preparation of the EA to satisfy their Geology and soils; NEPA responsibilities related to these project purposes, who own homes • water resources, fisheries, and projects. within certain distances of aboveground wetlands; facilities, or landowners who are • vegetation and wildlife; Consultation Under Section 106 of the affected by abandonments, and anyone • threatened and endangered species; National Historic Preservation Act • cultural resources; who submits comments on the projects. • land use; In accordance with the Advisory Commission staff will update the • socioeconomics; Council on Historic Preservation’s environmental mailing list as the • air quality and noise; implementing regulations for section analysis proceeds to ensure that • public safety; and 106 of the National Historic Commission notices related to this • cumulative impacts. Preservation Act, the Commission is environmental review are sent to all Commission staff will also evaluate using this notice to initiate consultation individuals, organizations, and possible alternatives to the planned with the Pennsylvania State Historic government entities interested in and/or projects or portions of the projects, and Preservation Office, and to solicit their potentially affected by the planned make recommendations on how to views and those of other government projects. lessen or avoid impacts on the various agencies, interested Indian tribes, and If the Commission issues the EA for resource areas. the public on the projects’ potential an allotted public comment period, a Although no formal applications have effects on historic properties.6 The EA Notice of Availability of the EA will be been filed, Commission staff has already for the planned projects will document sent to the environmental mailing list initiated a NEPA review under the our findings on the impacts on historic Commission’s pre-filing process. The properties and summarize the status of and will provide instructions to access purpose of the pre-filing process is to consultations under section 106. the electronic document on the FERC’s encourage early involvement of website (www.ferc.gov). If you need to interested stakeholders and to identify Currently Identified Environmental make changes to your name/address, or and resolve issues before the Issues if you would like to remove your name Commission receives an application. As Commission staff has already from the mailing list, please return the part of the pre-filing review, identified several issues that deserve attached Mailing List Update Form Commission staff will contact federal attention based on a preliminary review (appendix 3). and state agencies to discuss their of the planned facilities and the Becoming an Intervenor involvement in the scoping process and environmental information provided by the preparation of the EA. Transco and National Fuel. This Once National Fuel and Transco file The EA will present Commission preliminary list of issues may change their applications with the Commission, staff’s independent analysis of the based on your comments and our you may want to become an intervenor, issues. The EA will be available in analysis. which is an official party to the electronic format in the public record • Commission’s proceeding. Only through eLibrary 4 and the Water resources and wetlands; • intervenors have the right to seek Commission’s website (https:// construction in areas of steep rehearing of the Commission’s decision www.ferc.gov/industries/gas/enviro/ slopes; and be heard by the courts if they eis.asp). If eSubscribed, you will receive • forested land; choose to appeal the Commission’s final instant email notification when the EA • residences; ruling. An intervenor formally is issued. The EA may be issued for an • agricultural land; participates in the proceeding by filing allotted public comment period. • air quality; a request to intervene pursuant to Rule Commission staff will consider all • alternative new compressor station 214 of the Commission’s Rules of comments on the EA before making sites and configurations; and Practice and Procedures (18 CFR recommendations to the Commission. • noise. To ensure Commission staff has the 385.214). Motions to intervene are more opportunity to consider and address fully described at http://www.ferc.gov/ 5 The Council on Environmental Quality resources/guides/how-to/intervene.asp. your comments, please carefully follow regulations addressing cooperating agency the instructions in the Public Please note that the Commission will responsibilities are at Title 40, Code of Federal not accept requests for intervenor status Participation section, beginning on Regulations, Part 1501.6. page 2. 6 The Advisory Council on Historic Preservation at this time. You must wait until the With this notice, the Commission is regulations are at Title 36, Code of Federal Commission receives a formal asking agencies with jurisdiction by law Regulations, Part 800. Those regulations define application for the projects, after which historic properties as any prehistoric or historic the Commission will issue a public district, site, building, structure, or object included 4 For instructions on connecting to eLibrary, refer in or eligible for inclusion in the National Register notice that establishes an intervention to the last page of this notice. of Historic Places. deadline.

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Additional Information If the project’s prior license waived the pursuant to the Federal Power Act Additional information about the applicability of section 15 of the FPA, (FPA) and the Commission’s regulations projects are available from the then, based on section 9(b) of the thereunder. The Colliersville Commission’s Office of External Affairs, Administrative Procedure Act, 5 U.S.C. Hydroelectric Project is located on the at (866) 208–FERC, or on the FERC 558(c), and as set forth at 18 CFR North Branch of the Susquehanna River, website (www.ferc.gov) using the 16.21(a), if the licensee of such project in the Town of Milford, Otsego County, eLibrary link. Click on the eLibrary link, has filed an application for a subsequent New York. click on General Search and enter the license, the licensee may continue to operate the project in accordance with The license for Project No. 2788 was docket number(s) in the Docket Number issued for a period ending February 28, field, excluding the last three digits (i.e., the terms and conditions of the license after the minor or minor part license 2019. Section 15(a)(1) of the FPA, 16 PF17–10 for the FM100 Project; PF19– U.S.C. 808(a)(1), requires the 1 for the Leidy South Project). Be sure expires, until the Commission acts on its application. If the licensee of such a Commission, at the expiration of a you have selected an appropriate date license term, to issue from year-to-year range. For assistance, please contact project has not filed an application for an annual license to the then licensee FERC Online Support at a subsequent license, then it may be under the terms and conditions of the [email protected] or toll free required, pursuant to 18 CFR 16.21(b), at (866) 208–3676, or for TTY, contact to continue project operations until the prior license until a new license is (202) 502–8659. The eLibrary link also Commission issues someone else a issued, or the project is otherwise provides access to the texts of all formal license for the project or otherwise disposed of as provided in section 15 or documents issued by the Commission, orders disposition of the project. any other applicable section of the FPA. such as orders, notices, and If the project is subject to section 15 If the project’s prior license waived the rulemakings. of the FPA, notice is hereby given that applicability of section 15 of the FPA, Public sessions or site visits will be an annual license for Project No. 2388 then, based on section 9(b) of the posted on the Commission’s calendar is issued to the licensee for a period Administrative Procedure Act, 5 U.S.C. located at www.ferc.gov/EventCalendar/ effective February 21, 2019 through 558(c), and as set forth at 18 CFR EventsList.aspx along with other related February 20, 2020, or until the issuance 16.21(a), if the licensee of such project information. of a new license for the project or other has filed an application for a subsequent disposition under the FPA, whichever license, the licensee may continue to Dated: March 5, 2019. comes first. If issuance of a new license Kimberly D. Bose, operate the project in accordance with (or other disposition) does not take the terms and conditions of the license Secretary. place on or before February 20, 2020, after the minor or minor part license [FR Doc. 2019–04318 Filed 3–8–19; 8:45 am] notice is hereby given that, pursuant to expires, until the Commission acts on BILLING CODE 6717–01–P 18 CFR 16.18(c), an annual license its application. If the licensee of such a under section 15(a)(1) of the FPA is renewed automatically without further project has not filed an application for DEPARTMENT OF ENERGY order or notice by the Commission, a subsequent license, then it may be unless the Commission orders required, pursuant to 18 CFR 16.21(b), Federal Energy Regulatory otherwise. to continue project operations until the Commission If the project is not subject to section Commission issues someone else a [Project No. 2388–000] 15 of the FPA, notice is hereby given license for the project or otherwise that the licensee, City of Holyoke Gas orders disposition of the project. Notice of Authorization for Continued and Electric Department, Inc., is If the project is subject to section 15 Project Operation: City of Holyoke Gas authorized to continue operation of the of the FPA, notice is hereby given that and Electric Department Holyoke No. 3 Hydroelectric Project an annual license for Project No. 2788 On August 31, 2016, City of Holyoke until such time as the Commission acts is issued to the licensee for a period Gas and Electric Department, licensee on its application for a subsequent effective March 1, 2019 through for the Holyoke No. 3 Hydroelectric license. February 28, 2020, or until the issuance Project, filed an Application for a New Dated: March 5, 2019. of a new license for the project or other License pursuant to the Federal Power Kimberly D. Bose, disposition under the FPA, whichever Act (FPA) and the Commission’s Secretary. comes first. If issuance of a new license regulations thereunder. The Holyoke [FR Doc. 2019–04316 Filed 3–8–19; 8:45 am] (or other disposition) does not take No. 3 Hydroelectric Project is located BILLING CODE 6717–01–P place on or before February 28, 2020, between the first and second canals notice is hereby given that, pursuant to adjacent to the Connecticut River, in the 18 CFR 16.18(c), an annual license City of Holyoke in Hampton County, DEPARTMENT OF ENERGY under section 15(a)(1) of the FPA is Massachusetts. renewed automatically without further The license for Project No. 2388 was Federal Energy Regulatory order or notice by the Commission, issued for a period ending February 20, Commission unless the Commission orders 2019. Section 15(a)(1) of the FPA, 16 otherwise. U.S.C. 808(a)(1), requires the [Project No. 2788–000] If the project is not subject to section Commission, at the expiration of a Notice of Authorization for Continued 15 of the FPA, notice is hereby given license term, to issue from year-to-year Project Operation: Goodyear Lake that the licensee, Goodyear Lake Hydro, an annual license to the then licensee Hydro, LLC under the terms and conditions of the LLC., is authorized to continue prior license until a new license is On February 27, 2017, Goodyear Lake operation of the Colliersville issued, or the project is otherwise Hydro, LLC, licensee for the Hydroelectric Project until such time as disposed of as provided in section 15 or Colliersville Hydroelectric Project, filed the Commission acts on its application any other applicable section of the FPA. an Application for a New License for a subsequent license.

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Dated: March 5, 2019. Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY Kimberly D. Bose, Amendment to 5 WMPAs; SA No. 3147, Secretary. 3318, 3524, 4083, 3094 re: Marina to Federal Energy Regulatory [FR Doc. 2019–04317 Filed 3–8–19; 8:45 am] GRSP to be effective 10/11/2011. Commission BILLING CODE 6717–01–P Filed Date: 3/5/19. Combined Notice of Filings #1 Accession Number: 20190305–5153. Take notice that the Commission DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 3/26/19. received the following electric corporate filings: Federal Energy Regulatory Docket Numbers: ER19–1191–000. Commission Applicants: Alabama Power Docket Numbers: EC19–65–000. Company. Applicants: Imperial Valley Solar, Combined Notice of Filings #2 LLC. Description: § 205(d) Rate Filing: Description: Application for Take notice that the Commission Brother Solar LGIA Filing to be effective Authorization Under Section 203 of the received the following exempt 2/21/2019. Federal Power Act, et al. of Imperial wholesale generator filings: Filed Date: 3/5/19. Valley Solar, LLC. Docket Numbers: EG19–64–000. Accession Number: 20190305–5155. Filed Date: 3/4/19. Applicants: Canal 3 Generating LLC. Accession Number: 20190304–5169. Description: Notice of Self- Comments Due: 5 p.m. ET 3/26/19. Comments Due: 5 p.m. ET 3/25/19. Certification of Exempt Wholesale Docket Numbers: ER19–1193–000. Take notice that the Commission Generator Status of Canal 3 Generating received the following exempt LLC. Applicants: Alabama Power Company. wholesale generator filings: Filed Date: 3/5/19. Docket Numbers: EG19–63–000. Accession Number: 20190305–5197. Description: § 205(d) Rate Filing: Applicants: AES ES Gilbert, LLC. Comments Due: 5 p.m. ET 3/26/19. Kruger Energy North Sumter Solar LGIA Description: Notice of Self- Take notice that the Commission Filing to be effective 2/25/2019. Certification of Exempt Wholesale received the following electric rate Filed Date: 3/5/19. Generator Status of AES ES Gilbert, filings: Accession Number: 20190305–5157. LLC. Docket Numbers: ER18–2030–001. Filed Date: 3/4/19. Applicants: Southwest Power Pool, Comments Due: 5 p.m. ET 3/26/19. Accession Number: 20190304–5207. Inc. Docket Numbers: ER19–1194–000. Comments Due: 5 p.m. ET 3/25/19. Description: Compliance filing: Applicants: Canal 3 Generating LLC. Take notice that the Commission Request for Deferral of Effective Date— received the following electric rate Revisions to RNU Rounding Process to Description: Baseline eTariff Filing: filings: be effective N/A. Baseline New to be effective 3/6/2019. Docket Numbers: ER10–1338–003. Filed Date: 3/5/19. Filed Date: 3/5/19. Accession Number: 20190305–5198. Applicants: Southern Indiana Gas and Comments Due: 5 p.m. ET 3/26/19. Accession Number: 20190305–5191. Electric Company. Docket Numbers: ER19–836–001. Comments Due: 5 p.m. ET 3/26/19. Description: Notice of Change in Applicants: El Paso Electric Company. Status of Southern Indiana Gas and Description: Tariff Amendment: The filings are accessible in the Electric Company. Service Agreement No. 315, EDF PTP to Commission’s eLibrary system by Filed Date: 3/4/19. be effective 5/18/2019. clicking on the links or querying the Accession Number: 20190304–5198. Filed Date: 3/5/19. docket number. Comments Due: 5 p.m. ET 3/25/19. Accession Number: 20190305–5133. Any person desiring to intervene or Docket Numbers: ER10–1437–009. Comments Due: 5 p.m. ET 3/26/19. protest in any of the above proceedings Applicants: Tampa Electric Company. Docket Numbers: ER19–1188–000. must file in accordance with Rules 211 Description: Notice of Change in Applicants: RC Cape May Holdings, and 214 of the Commission’s Status of Tampa Electric Company. LLC. Regulations (18 CFR 385.211 and Filed Date: 3/4/19. Description: Tariff Cancellation: 385.214) on or before 5:00 p.m. Eastern Accession Number: 20190304–5203. Notice of Cancellation of Reliability time on the specified comment date. Comments Due: 5 p.m. ET 3/25/19. Must-Run Agreement to be effective Protests may be considered, but Docket Numbers: ER10–2732–016; 5/1/2019. intervention is necessary to become a ER10–2733–016; ER10–2734–016; Filed Date: 3/5/19. party to the proceeding. ER10–2736–016; ER10–2737–016; Accession Number: 20190305–5129. eFiling is encouraged. More detailed ER10–2741–016; ER10–2749–016; Comments Due: 5 p.m. ET 3/26/19. information relating to filing ER10–2752–016; ER12–2492–012; Docket Numbers: ER19–1189–000. requirements, interventions, protests, ER12–2493–012; ER12–2494–012; Applicants: RC Cape May Holdings, service, and qualifying facilities filings ER12–2495–012; ER12–2496–012; LLC. can be found at: http://www.ferc.gov/ ER16–2455–006; ER16–2456–006; Description: Tariff Cancellation: RC docs-filing/efiling/filing-req.pdf. For ER16–2457–006; ER16–2458–006; Cape May Notice of Cancellation MBR other information, call (866) 208–3676 ER16–2459–006; ER18–1404–002. Tariff to be effective 5/1/2019. (toll free). For TTY, call (202) 502–8659. Applicants: Emera Energy U.S. Filed Date: 3/5/19. Subsidiary No. 1, Inc, Emera Energy Accession Number: 20190305–5132. Dated: March 5, 2019. U.S. Subsidiary No. 2, Inc., Emera Comments Due: 5 p.m. ET 3/26/19. Kimberly D. Bose, Energy Services Subsidiary No. 1 LLC, Docket Numbers: ER19–1190–000. Secretary. Emera Energy Services Subsidiary No. 2 Applicants: PJM Interconnection, [FR Doc. 2019–04329 Filed 3–8–19; 8:45 am] LLC, Emera Energy Services Subsidiary L.L.C. BILLING CODE 6717–01–P No. 3 LLC, Emera Energy Services

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Subsidiary No. 4 LLC, Emera Energy Accession Number: 20190304–5163. Commission decisional employees, who Services Subsidiary No. 5 LLC, Emera Comments Due: 5 p.m. ET 3/25/19. make or receive a prohibited or exempt Energy Services Subsidiary No. 6 LLC, Docket Numbers: ER19–1184–000. off-the-record communication relevant Emera Energy Services Subsidiary No. 7 Applicants: Interstate Power and to the merits of a contested proceeding, LLC, Emera Energy Services Subsidiary Light Company. to deliver to the Secretary of the No. 8 LLC, Emera Energy Services Description: Compliance filing: Commission, a copy of the Subsidiary No. 9 LLC, Emera Energy Market-Based Rate Tariff to be effective communication, if written, or a Services Subsidiary No. 10 LLC, Emera 2/5/2019. summary of the substance of any oral Energy Services Subsidiary No. 11 LLC, Filed Date: 3/5/19. communication. Emera Energy Services Subsidiary No. Accession Number: 20190305–5034. Prohibited communications are 12 LLC, Emera Energy Services Comments Due: 5 p.m. ET 3/26/19. included in a public, non-decisional file Subsidiary No. 13 LLC, Emera Energy Docket Numbers: ER19–1186–000. associated with, but not a part of, the Services Subsidiary No. 14 LLC, Emera Applicants: Wisconsin Power and decisional record of the proceeding. Energy Services Subsidiary No. 15 LLC, Light Company. Emera Energy Services, Inc., NS Power Description: Compliance filing: Unless the Commission determines that Market-Based Rate Tariff to be effective Energy Marketing Inc. the prohibited communication and any 2/5/2019. Description: Notice of Change in responses thereto should become a part Filed Date: 3/5/19. of the decisional record, the prohibited Status of the Emera Entities under. Accession Number: 20190305–5061. Filed Date: 3/4/19. off-the-record communication will not Comments Due: 5 p.m. ET 3/26/19. be considered by the Commission in Accession Number: 20190304–5168. The filings are accessible in the Comments Due: 5 p.m. ET 3/25/19. reaching its decision. Parties to a Commission’s eLibrary system by proceeding may seek the opportunity to Docket Numbers: ER17–259–003. clicking on the links or querying the respond to any facts or contentions Applicants: Darby Power, LLC. docket number. made in a prohibited off-the-record Description: Report Filing: Darby Any person desiring to intervene or communication, and may request that Power, LLC—Reactive Refund Report to protest in any of the above proceedings the Commission place the prohibited be effective N/A. must file in accordance with Rules 211 communication and responses thereto Filed Date: 3/4/19. and 214 of the Commission’s Accession Number: 20190304–5161. Regulations (18 CFR 385.211 and in the decisional record. The Comments Due: 5 p.m. ET 3/25/19. 385.214) on or before 5:00 p.m. Eastern Commission will grant such a request only when it determines that fairness so Docket Numbers: ER17–260–003. time on the specified comment date. requires. Any person identified below as Applicants: Gavin Power, LLC. Protests may be considered, but having made a prohibited off-the-record Description: Report Filing: Gavin intervention is necessary to become a communication shall serve the Power, LLC—Reactive Refund Report to party to the proceeding. be effective N/A. eFiling is encouraged. More detailed document on all parties listed on the Filed Date: 3/4/19. information relating to filing official service list for the applicable Accession Number: 20190304–5162. requirements, interventions, protests, proceeding in accordance with Rule Comments Due: 5 p.m. ET 3/25/19. service, and qualifying facilities filings 2010, 18 CFR 385.2010. can be found at: http://www.ferc.gov/ Docket Numbers: ER17–261–003. Exempt off-the-record docs-filing/efiling/filing-req.pdf. For Applicants: Lawrenceburg Power, communications are included in the other information, call (866) 208–3676 LLC. decisional record of the proceeding, (toll free). For TTY, call (202) 502–8659. Description: Report Filing: unless the communication was with a Lawrenceburg Power, LLC—Reactive Dated: March 5, 2019. cooperating agency as described by 40 Refund Report to be effective N/A. Kimberly D. Bose, CFR 1501.6, made under 18 CFR Filed Date: 3/4/19. Secretary. 385.2201(e)(1)(v). Accession Number: 20190304–5164. [FR Doc. 2019–04328 Filed 3–8–19; 8:45 am] The following is a list of off-the- Comments Due: 5 p.m. ET 3/25/19. BILLING CODE 6717–01–P record communications recently Docket Numbers: ER17–262–003. received by the Secretary of the Applicants: Waterford Power, LLC. Commission. The communications Description: Report Filing: Waterford DEPARTMENT OF ENERGY listed are grouped by docket numbers in Power, LLC—Reactive Refund Report to Federal Energy Regulatory ascending order. These filings are be effective N/A. Commission available for electronic review at the Filed Date: 3/4/19. Commission in the Public Reference Accession Number: 20190304–5165. [Docket No. RM98–1–000] Room or may be viewed on the Comments Due: 5 p.m. ET 3/25/19. Commission’s website at http:// Public Notice: Records Governing Off- Docket Numbers: ER19–1183–000. www.ferc.gov using the eLibrary link. the-Record Communications Applicants: Brickyard Hills Project, Enter the docket number, excluding the LLC. This constitutes notice, in accordance last three digits, in the docket number Description: Baseline eTariff Filing: with 18 CFR 385.2201(b), of the receipt field to access the document. For Brickyard Hills Initial Market-Based of prohibited and exempt off-the-record assistance, please contact FERC Online Rate Application Filing and Waiver communications. Support at FERCOnlineSupport@ Request to be effective 4/30/2019. Order No. 607 (64 FR 51222, ferc.gov or toll free at (866) 208–3676, or Filed Date: 3/4/19. September 22, 1999) requires for TTY, contact (202)502–8659.

Docket No. File date Presenter or requester

Prohibited: CP18–46–000 ...... 2/21/19 Richland Township.

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Docket No. File date Presenter or requester

P–1267–000 ...... 2/21/19 Robert H. Brewer. P–2082–000 ...... 2/26/19 Ursula Bendix. Exempt: P–2305–000 ...... 2/21/19 State Representative James White. Senator John Cornyn. Senator Ted Cruz. Congressman Brian Babin. CP16–480–000 ...... 2/26/19 State Representative Alex Dominguez. Lieutenant Governor Dan Patrick. CP18–102–000 ...... 2/28/19 FERC Staff. CP18–103–000

Dated: March 5, 2019. No. RD18–7–000, by either of the groups: (1) To notify the reliability Kimberly D. Bose, following methods: coordinator of the conditions set forth in Secretary. • eFiling at Commission’s Website: Requirement R1, Part 1.3.1 preventing it [FR Doc. 2019–04320 Filed 3–8–19; 8:45 am] http://www.ferc.gov/docs-filing/ from complying with the 15-minute BILLING CODE 6717–01–P efiling.asp ACE recovery period; and (2) to provide • Mail/Hand Delivery/Courier: the reliability coordinator with its ACE Federal Energy Regulatory Commission, recovery plan, including a target DEPARTMENT OF ENERGY Secretary of the Commission, 888 First recovery time.1 The NERC petition Street NE, Washington, DC 20426. states ‘‘the proposed modifications to Federal Energy Regulatory Instructions: All submissions must be Reliability Standard BAL–002–3 also Commission formatted and filed in accordance with intend to clarify that communication submission guidelines at: http:// [Docket No. RD18–7–000] with the reliability coordinator (RC) www.ferc.gov/help/submission- should proceed in accordance with Commission Information Collection guide.asp. For user assistance, contact Energy Emergency Alert procedures Activities (Ferc–725r); Comment FERC Online Support by email at within the EOP Reliability Standards.2 Request; Extension [email protected], or by phone This communication is performed under at: (866) 208–3676 (toll-free), or (202) the currently-effective Reliability AGENCY: Federal Energy Regulatory 502–8659 for TTY. Standard BAL–002–2 (as part of the Commission, DOE. Docket: Users interested in receiving operating procedures and processes). ACTION: Notice of information collection automatic notification of activity in this The communications (and related and request for comments. docket or in viewing/downloading burden) are already covered under comments and issuances in this docket FERC–725R, and the additional SUMMARY: In compliance with the may do so at http://www.ferc.gov/docs- information is de minimis. Therefore requirements of the Paperwork filing/docs-filing.asp. the Commission is not modifying the Reduction Act of 1995, the Federal FOR FURTHER INFORMATION CONTACT: burden estimate for each response and Energy Regulatory Commission Ellen Brown may be reached by email is submitting this to OMB as a non- (Commission or FERC) is soliciting at [email protected], telephone material or non-substantive change to a public comment on the currently at (202) 502–8663, and fax at (202) 273– currently approved collection. approved information collection FERC– 0873. The Office of Electric Reliability 725R (Mandatory Reliability Standards: SUPPLEMENTARY INFORMATION: approved the NERC proposal in a BAL Reliability Standards) and Title: FERC–725R, Mandatory Delegated Order on September 25, 2018. submitting the information collection to Reliability Standards: BAL Reliability Type of Respondents: Balancing the Office of Management and Budget Standards. authorities and reserve sharing groups (OMB) for review. Any interested OMB Control No.: 1902–0268. Estimate of Annual Burden: 3 person may file comments directly with Type of Request: Revision to FERC– According to the NERC Compliance OMB and should address a copy of 725R information collection Registry as of 8/24/2018, there are 99 those comments to the Commission as requirements, as discussed in Docket balancing authorities in the United explained below. On October 9, 2018, No. RD18–7–000. States. The Commission bases the Commission published a Notice in Abstract: On August 17, 2018, the individual burden estimates on the time the Federal Register in Docket No. North American Electric Reliability needed for balancing authorities to RD18–7–000 requesting public Corporation (NERC) filed a petition develop tools needed to facilitate comments. The Commission received no seeking approval of proposed Reliability reporting that are required in the comments. Standard BAL–002–3 (Disturbance Reliability Standard. The DATES: Comments on the collection of Control Standard—Contingency Reserve communications (and related burden) information are due April 10, 2019. for Recovery from a Balancing ADDRESSES: Comments filed with OMB, Contingency Event) and the retirement 1 Disturbance Control Standard—Contingency Reserve for Recovery from a Balancing Contigency identified by OMB Control No. 1902– of currently-effective Reliability Event Reliability Standard, Order No. 835, 158 0268, should be sent via email to the Standard BAL–002–2. NERC submitted FERC 61,030, at P 37 (2017). Office of Information and Regulatory proposed Reliability Standard BAL– 2 NERC Petition at 3. Affairs: [email protected]. 002–3 in response to the Commission’s 3 Burden is defined as the total time, effort, or Attention: Federal Energy Regulatory directive in Order No. 835 to develop financial resources expended by persons to generate, maintain, retain, or disclose or provide Commission Desk Officer. modifications to Reliability Standard information to or for a Federal agency. For further A copy of the comments should also BAL–002–2, Requirement R1 to require explanation of information collection burden, refer be sent to the Commission, in Docket balancing authorities or reserve sharing to 5 Code of Federal Regulations 1320.3.

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are already covered under FERC–725R, However, to reflect normal fluctuations than 105) for Reliability Standard BAL– so the Commission is not modifying the in industry, we are adjusting the 002–3, as shown below. burden estimate for each response. number of respondents (to 99, rather

FERC–725R, ESTIMATE FOR RELIABILITY STANDARD BAL–002–3, AS APPROVED IN DOCKET NO. RD18–7 45

Average burden Total annual burden Number of Annual number Total number of hours & cost per hours & total Cost per respondents of responses responses response annual cost respondent per respondent ($) ($) (rounded) ($)

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

BA/RSG: 6 Develop and 99 1 99 8 7 hrs.; $842.32 ...... 792 hrs.; $83,390 .... 842.32 Maintain annually, Operating Process and Operating Plans. BA/RSG: Record Reten- 99 1 99 4 hrs.; $158.72 ...... 396 hrs.; $15,713 .... 158.72 tion.

Total ...... 198 ...... 1,188 hrs.; $99,103.

Comments: Comments are invited on: Dated: March 5, 2019. interventions in lieu of paper, using the (1) Whether the collection of Kimberly D. Bose, FERC Online links at http:// information is necessary for the proper Secretary. www.ferc.gov. To facilitate electronic performance of the functions of the [FR Doc. 2019–04319 Filed 3–8–19; 8:45 am] service, persons with internet access Commission, including whether the BILLING CODE 6717–01–P who will eFile a document and/or be information will have practical utility; listed as a contact for an intervenor (2) the accuracy of the agency’s estimate must create and validate an of the burden and cost of the collection DEPARTMENT OF ENERGY eRegistration account using the of information, including the validity of eRegistration link. Select the eFiling Federal Energy Regulatory the methodology and assumptions used; Commission link to log on and submit the (3) ways to enhance the quality, utility intervention or protests. [Docket No. ER19–1183–000] and clarity of the information collection; Persons unable to file electronically and (4) ways to minimize the burden of Brickyard Hills Project, LLC; should submit an original and 5 copies the collection of information on those Supplemental Notice That Initial of the intervention or protest to the who are to respond, including the use Market-Based Rate Filing Includes Federal Energy Regulatory Commission, of automated collection techniques or Request for Blanket Section 204 888 First Street NE, Washington, DC other forms of information technology. Authorization 20426. The filings in the above-referenced 4 Reliability Standard BAL–002–3 applies to This is a supplemental notice in the balancing authorities and reserve sharing groups. above-referenced proceeding of proceeding are accessible in the However, the burden associated with the balancing Brickyard Hills Project, LLC’s Commission’s eLibrary system by authorities complying with Requirements R1and R3 application for market-based rate clicking on the appropriate link in the is not included in this table because that burden authority, with an accompanying rate above list. They are also available for doesn’t change and the Commission already tariff, noting that such application electronic review in the Commission’s accounted for it under Commission-approved Reliability Standard BAL–002–1. includes a request for blanket Public Reference Room in Washington, Other components of FERC–725R which are not authorization, under 18 CFR part 34, of DC. There is an eSubscription link on affected by Docket No. RD18–7 are not addressed future issuances of securities and the website that enables subscribers to in the table. assumptions of liability. receive email notification when a 5 The estimated hourly cost (wages plus benefits) Any person desiring to intervene or to document is added to a subscribed is based on Bureau of Labor Statistics (BLS) protest should file with the Federal docket(s). For assistance with any FERC information (available at http://www.bls.gov/oes/ Energy Regulatory Commission, 888 Online service, please email current/naics2_22.htm and, for benefits, https:// First Street NE, Washington, DC 20426, www.bls.gov/news.release/ecec.nr0.htm). [email protected]. or call in accordance with Rules 211 and 214 (866) 208–3676 (toll free). For TTY, call The hourly cost (wages plus benefits) for of the Commission’s Rules of Practice developing and maintaining operating process and (202) 502–8659. plans is $105.29 and is an average for an electrical and Procedure (18 CFR 385.211 and engineer (Occupation code 17–2071, $66.90/hour) 385.214). Anyone filing a motion to Dated: March 5, 2019. and Legal (Occupation code 23–0000, $ $143.68). intervene or protest must serve a copy Kimberly D. Bose, The hourly cost (wages plus benefits) for record of that document on the Applicant. Secretary. retention is $39.68 for information and record Notice is hereby given that the [FR Doc. 2019–04315 Filed 3–8–19; 8:45 am] clerks (Occupation code 43–4199). deadline for filing protests with regard 6 BA = Balancing Authority; RSG = Reserve to the applicant’s request for blanket BILLING CODE 6717–01–P Sharing Group. authorization, under 18 CFR part 34, of 7 This figure of 8 hours/response is an average of future issuances of securities and the hourly burden per response for Years 1–3. Year 1 burden: 12 hours per response; Years 2–3, each: assumptions of liability, is March 25, 6 hours/response. The average annual burden for 2019. Years 1–3 is 8 hours/response (or [12 hours + 6 The Commission encourages hours + 6 hours ] ÷ 3). electronic submission of protests and

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY President and Regional Manager, or Ms. Tina Ramsey, Rates Manager, Desert Federal Energy Regulatory Federal Energy Regulatory Southwest Region, Western Area Power Commission Commission Administration, P.O. Box 6457, Phoenix, AZ 85005–6457, (602) 605– [Docket No. NJ19–4–000] [Project No. 2299–082; Project No. 14581– 002] 2525, or [email protected]. City of Riverside, California; Notice of SUPPLEMENTARY INFORMATION: Turlock Irrigation District; Modesto Hoover Filing Irrigation District; Notice of Dam, authorized by the Boulder Canyon Environmental Site Review Project Act of 1928, as amended (43 Take notice that on December 10, U.S.C. 617 et seq.), sits on the Colorado 2018, the City of Riverside, California The Federal Energy Regulatory River along the Arizona-Nevada border. submitted its tariff filing: City of Commission and Turlock and Modesto Hoover Dam’s power plant has 19 Riverside 2019 TRBAA & ETC Update to Irrigation Districts will conduct an generating units (two for plant use) and be effective 1/1/2019. environmental site review of the Don an installed capacity of 2,078.8 Any person desiring to intervene or to Pedro and La Grange Projects. The megawatts (4,800 kilowatts for plant protest this filing must file in projects are located on the Tuolumne use). In collaboration with the Bureau of accordance with Rules 211 and 214 of River, in Stanislaus and Tuolumne Reclamation (Reclamation), the Western the Commission’s Rules of Practice and Counties, California. Area Power Administration (WAPA) Procedure (18 CFR 385.211, 385.214). Date and Time: Wednesday, March markets and delivers hydropower from Protests will be considered by the 27, 2019, 10:00 a.m.–about 4 p.m. (PDT). Hoover Dam’s power plant through Commission in determining the Location: Meet at Don Pedro high-voltage transmission lines and appropriate action to be taken, but will Recreation Agency Parking Lot, 10200 substations to Arizona, Southern not serve to make protestants parties to Bonds Flat Road, La Grange, California California, and Southern Nevada. the proceeding. Any person wishing to 95329. become a party must file a notice of The site visit is open to the public and The rate-setting methodology for BCP intervention or motion to intervene, as resource agencies. calculates an annual base charge rather appropriate. Such notices, motions, or If you plan to attend, please notify Jim than a unit rate for Hoover Dam protests must be filed on or before the Hastreiter, at (503) 552–2760 or hydropower. The base charge recovers comment date. On or before the [email protected], no later than an annual revenue requirement that comment date, it is not necessary to March 20, 2019. includes projected costs from serve motions to intervene or protests investment repayment, interest, Dated: February 27, 2019. operations, maintenance and on persons other than the Applicant. Kimberly D. Bose, The Commission encourages replacements, payments to States, and Secretary. electronic submission of protests and Hoover Dam visitor services. Non-power interventions in lieu of paper using the [FR Doc. 2019–04327 Filed 3–8–19; 8:45 am] revenue projections such as water sales, eFiling link at http://www.ferc.gov. BILLING CODE 6717–01–P Hoover Dam visitor services, ancillary Persons unable to file electronically services, and late fees help offset these projected costs. Customers are billed a should submit an original and 5 copies DEPARTMENT OF ENERGY of the protest or intervention to the percentage of the base charge in proportion to their Hoover power Federal Energy Regulatory Commission, Western Area Power Administration 888 First Street NE, Washington, DC allocation. A unit rate is calculated for 20426. Boulder Canyon Project comparative purposes but is not used to This filing is accessible on-line at determine charges for service. AGENCY: Western Area Power http://www.ferc.gov, using the eLibrary On June 6, 2018, the Federal Energy Administration, DOE. link and is available for review in the Regulatory Commission (FERC) Commission’s Public Reference Room in ACTION: Fiscal Year 2019 Boulder confirmed and approved Rate Schedule Washington, DC. There is an Canyon Project base charge and rates for BCP–F10 for a five-year period ending eSubscription link on the website that electric service. September 30, 2022.1 Rate Schedule enables subscribers to receive email SUMMARY: The Deputy Secretary of BCP–F10 and the BCP Electric Service notification when a document is added Energy approves, on a final basis, the Agreement require WAPA to determine to a subscribed docket(s). For assistance Boulder Canyon Project (BCP) base the annual base charge and rates for the with any FERC Online service, please charge and rates for Fiscal Year (FY) next fiscal year before October 1 of each email [email protected], or 2019 under Rate Schedule BCP–F10. year. The FY 2018 BCP base charge and call (866) 208–3676 (toll free). For TTY, Under Rate Schedule BCP–F10, the BCP rates expired on September 30, 2018. call (202) 502–8659. base charge and rates are calculated Therefore, the Administrator of the Comment Date: 5:00 p.m. Eastern annually. WAPA approved rates for short-term Time on March 11, 2019. sales of BCP electric service until the DATES: The FY 2019 base charge and Dated: February 27, 2019. Deputy Secretary of Energy approved rates will be effective April 1, 2019 and the final base charge and rates. Kimberly D. Bose, will remain in effect through September Secretary. 30, 2019. 1 Order Confirming and Approving Rate Schedule [FR Doc. 2019–04322 Filed 3–8–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: on a Final Basis, FERC Docket No. EF18–1–000, 163 BILLING CODE 6717–01–P Mr. Ronald E. Moulton, Senior Vice FERC ¶ 62,154 (2018).

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COMPARISON OF BASE CHARGE AND RATES

Amount Percent FY 2018 FY 2019 change change

Base Charge ($) ...... $76,910,193 $69,741,657 ¥$7,168,536 ¥9.3 Composite Rate (mills/kWh) ...... 19.98 18.92 ¥1.06 ¥5.3 Energy Rate (mills/kWh) ...... 9.99 9.46 ¥0.53 ¥5.3 Capacity Rate ($/kW-Mo) ...... $1.99 $1.88 ¥$0.11 ¥5.4

The FY 2019 base charge for BCP WAPA received one comment. The conditions that would demonstrate that electric service decreased by $7.2 comment appears below, paraphrased the requested AMEL will achieve a million to $69.7 million; a 9.3% where appropriate without reduction in emissions of hazardous air reduction. This FY 2019 decrease compromising its meaning. pollutants (HAP) at least equivalent to follows a one-time increase to the FY Comment: A commenter requested the reduction in emissions required by 2018 base charge due to Reclamation’s that the rate process administered by the National Emission Standards for collection of $15 million in working WAPA be accomplished in a timely Hazardous Air Pollutants from capital in FY 2018. There is no need to manner and prior to October 1. Petroleum Refineries (‘‘Petroleum collect working capital in the FY 2019 Response: WAPA experienced delays Refinery Maximum Achievable Control base charge, but other factors—namely, in implementing the BCP rate process Technology (MACT)’’). The Shell a $5.1 million decrease in non-power due, in part, to the beginning of a new Martinez delayed coking unit (DCU) revenue and Reclamation’s deferment of BCP marketing period on October 1, MPGF cannot meet the flare tip velocity $2.7 million in BCP operations and 2018. The true-up of financial balances limits in the Petroleum Refinery MACT. maintenance costs from FY 2018 to FY between the previous and current BCP Based on our review of this request and 2019—placed upward pressure on the contractors, for example, took longer supporting information, we conclude base charge. This necessitated a $7.8 than anticipated. WAPA notes that that, by following the conditions million offset against the $15 million required administrative actions specified in this notice, the Shell decrease in the FY 2019 base charge, associated with the new marketing Martinez DCU MPGF will achieve at resulting in an overall decrease of $7.2 period have been implemented. least equivalent emissions reductions as million in the FY 2019 base charge Following DOE’s review of WAPA’s flares complying with the Petroleum compared to the FY 2018 base charge. proposal, I hereby approve on a final Refinery MACT requirements. WAPA’s costs remain relatively flat and basis the FY 2019 base charge and rates DATES: Comments. Comments must be do not result in a measurable effect on for BCP electric service under Rate received on or before April 10, 2019. the base charge. Schedule BCP–F10 through September ADDRESSES: Comments. Submit your The notice of the proposed FY 2019 30, 2019. comments, identified by Docket ID No. base charge and rates for electric service Dated: March 1, 2019. EPA–HQ–OAR–2014–0738, at https:// was published consistent with Mark W. Menezes, www.regulations.gov. Follow the online procedures set forth in 10 CFR part 903 instructions for submitting comments. Under Secretary of Energy. and 18 CFR part 300. WAPA took the Once submitted, comments cannot be following steps to involve the public in [FR Doc. 2019–04343 Filed 3–8–19; 8:45 am] edited or removed from Regulations.gov. the rate adjustment process: BILLING CODE 6450–01–P See SUPPLEMENTARY INFORMATION for 1. WAPA published a Federal detail about how the EPA treats Register 2 notice announcing the submitted comments. Regulations.gov is proposed formula rates, initiating the ENVIRONMENTAL PROTECTION our preferred method of receiving 90-day public consultation and AGENCY comments. However, the following comment period, setting forth the date [EPA–HQ–OAR–2014–0738 and EPA–HQ– other submission methods are also and location of public information and OAR–2010–0682; FRL–9990–25–OAR] accepted: public comment forums, and outlining • Email: [email protected]. the procedures for public participation. Notice of Request for Approval of Include Docket ID No. EPA–HQ–OAR– 2. On August 29, 2018, WAPA held a Alternative Means of Emission 2014–0738 in the subject line of the public information forum in Phoenix, Limitation message. Arizona. WAPA’s representatives • Fax: (202) 566–9744. Attention explained the proposed changes to the AGENCY: Environmental Protection Docket ID No. EPA–HQ–OAR–2014– formula rates, answered questions, and Agency (EPA). 0738. • provided handouts. ACTION: Notice; request for comments. Mail: To ship or send mail via the 3. On September 28, 2018, WAPA United States Postal Service, use the held a public comment forum in SUMMARY: This action provides public following address: U.S. Environmental Phoenix, Arizona, to provide attendees notice and solicits comment on the Protection Agency, EPA Docket Center, an opportunity to comment and ask alternative means of emission limitation Docket ID No. EPA–HQ–OAR–2014– questions for the record. (AMEL) request from Shell Oil Products 0738, Mail Code 28221T, 1200 4. WAPA posted information about U.S. Martinez Refinery (Shell Martinez) Pennsylvania Avenue NW, Washington, this public process at https:// under the Clean Air Act, to operate a DC 20460. www.wapa.gov/regions/DSW/Rates/ multi-point ground flare (MPGF) at a • Hand/Courier Delivery: Use the Pages/boulder-canyon-rates.aspx. refinery in Martinez, California. In this following Docket Center address if you 5. The consultation and comment action, the U.S. Environmental are using express mail, commercial period ended on October 29, 2018, and Protection Agency (EPA) is soliciting delivery, hand delivery, or courier: EPA comment on all aspects of this AMEL Docket Center, EPA WJC West Building, 2 83 FR 36,586 (July 30, 2018). request and the corresponding operating Room 3334, 1301 Constitution Avenue

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NW, Washington, DC 20004. Delivery primary submission (i.e., on the Web, following address: OAQPS Document verification signatures will be available cloud, or other file sharing system). For Control Officer (C404–02), OAQPS, U.S. only during regular business hours. additional submission methods, the full Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: For EPA public comment policy, Research Triangle Park, North Carolina questions about this action, contact Ms. information about CBI or multimedia 27711, Attention Docket ID No. EPA– Angie Carey, Sector Policies and submissions, and general guidance on HQ–OAR–2014–0738. Programs Division (E143–01), Office of making effective comments, please visit Acronyms and Abbreviations. We use Air Quality Planning and Standards https://www.epa.gov/dockets/ multiple acronyms and terms in this (OAQPS), U.S. Environmental commenting-epa-dockets. notice. While this list may not be Protection Agency, Research Triangle The https://www.regulations.gov exhaustive, to ease the reading of this Park, North Carolina 27711; telephone website allows you to submit your notice and for reference purposes, the number: (919) 541–2187; fax number: comment anonymously, which means EPA defines the following terms and (919) 541–0516; and email address: the EPA will not know your identity or acronyms here: [email protected]. contact information unless you provide AMEL alternative means of emission it in the body of your comment. If you SUPPLEMENTARY INFORMATION: limitation send an email comment directly to the Docket. The EPA has established a BTU/scf British thermal units per standard EPA without going through https:// cubic foot docket for this rulemaking under Docket www.regulations.gov, your email CBI Confidential Business Information ID No. EPA–EPA–HQ–OAR–2014–0738. address will be automatically captured CFR Code of Federal Regulations All documents in the docket are listed and included as part of the comment DCU delayed coking unit in Regulations.gov. Although listed, that is placed in the public docket and EPA Environmental Protection Agency Eqn equation some information is not publicly made available on the internet. If you available, e.g., Confidential Business FGR flare gas recovery submit an electronic comment, the EPA HAP hazardous air pollutants Information (CBI) or other information recommends that you include your whose disclosure is restricted by statute. MACT maximum achievable control name and other contact information in technology Certain other material, such as the body of your comment and with any MPGF multi-point ground flare copyrighted material, is not placed on digital storage media you submit. If the NESHAP national emission standards for the internet and will be publicly EPA cannot read your comment due to hazardous air pollutants available only in hard copy. Publicly technical difficulties and cannot contact NHVcz net heating value of combustion zone gas available docket materials are available you for clarification, the EPA may not either electronically in Regulations.gov OAQPS Office of Air Quality Planning and be able to consider your comment. Standards or in hard copy at the EPA Docket Electronic files should not include Center, Room 3334, EPA WJC West special characters or any form of Organization of This Document. The Building, 1301 Constitution Avenue encryption and be free of any defects or information in this notice is organized NW, Washington, DC. The Public viruses. For additional information as follows: Reading Room is open from 8:30 a.m. to about the EPA’s public docket, visit the I. Background 4:30 p.m., Monday through Friday, EPA Docket Center homepage at https:// II. Requests for AMEL Shell Martinez DCU excluding legal holidays. The telephone www.epa.gov/dockets. MPGF number for the Public Reading Room is Submitting CBI. Do not submit III. AMEL for the DCU MPGF (202) 566–1744, and the telephone information containing CBI to the EPA IV. Request for Comments number for the EPA Docket Center is through https://www.regulations.gov or I. Background (202) 566–1742. email. Clearly mark the part or all of the Regulatory Flare Requirements and Instructions. Direct your comments to information that you claim to be CBI. AMEL Requests Docket ID No. EPA–HQ–OAR–2014– For CBI information on any digital 0738. The EPA’s policy is that all storage media that you mail to the EPA, The provisions in the Petroleum comments received will be included in mark the outside of the digital storage Refinery MACT, at 40 Code of Federal the public docket without change and media as CBI and then identify Regulations (CFR) 63.670 (d) specify may be made available online at https:// electronically within the digital storage operating requirements for flares used www.regulations.gov, including any media the specific information that is for emission points subject to the personal information provided, unless claimed as CBI. In addition to one Petroleum Refinery MACT to ensure the comment includes information complete version of the comments that that the applicable standards for those claimed to be CBI or other information includes information claimed as CBI, emission points are met. The MACT, at whose disclosure is restricted by statute. you must submit a copy of the 40 CFR 63.670 (r) allows the EPA to Do not submit information that you comments that does not contain the approve a site-specific AMEL for a given consider to be CBI or otherwise information claimed as CBI directly to flare if, after notice and opportunity for protected through https:// the public docket through the comment, it is established to the www.regulations.gov or email. This type procedures outlined in Instructions Administrator’s satisfaction that the of information should be submitted by above. If you submit any digital storage flare achieves 96.5-percent combustion mail as discussed below. media that does not contain CBI, mark efficiency (and 98-percent destruction The EPA may publish any comment the outside of the digital storage media efficiency) using the requested AMEL. received to its public docket. clearly that it does not contain CBI. AMEL requests have been submitted Multimedia submissions (audio, video, Information not marked as CBI will be to the EPA for an MPGF that cannot etc.) must be accompanied by a written included in the public docket and the comply with the applicable flare tip comment. The written comment is EPA’s electronic public docket without velocity requirements in the Petroleum considered the official comment and prior notice. Information marked as CBI Refinery MACT, 40 CFR 63.670(d). should include discussion of all points will not be disclosed except in These maximum flare tip velocity you wish to make. The EPA will accordance with procedures set forth in requirements ensure that the flame does generally not consider comments or 40 CFR part 2. Send or deliver not ‘‘lift off’’ or separate from the flare comment contents located outside of the information identified as CBI only to the tip, which could cause flame instability

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and/or potentially result in a portion of energy to ensure smokeless combustion. approved an AMEL at 800 BTU/scf for the flare gas being released without The Shell DCU MPGF contains 30 olefins gas, which is more likely than proper combustion. Proper combustion pilots, supplied with natural gas, that other types of waste gas to have issues for flares is considered to be 98-percent are installed to provide the source of with stability and tendency to smoke, destruction efficiency or greater for ignition to ensure that emergency relief and since Shell’s reported waste gas organic HAP and volatile organic of process streams will be combusted. composition contains relatively fewer compounds. Shell Martinez submitted Shell Martinez uses flare gas recovery olefinic compounds, we would expect an AMEL request to operate a flare with (FGR) compressors and manages the rate better combustion efficiency/destruction tip exit velocities greater than those of gases vented to the flare system efficiency at the same NHVcz. Therefore, allowed in 40 CFR 63.670 (d) while during startup, shutdown, and we concur that achieving a minimum achieving ≥ 96.5-percent combustion maintenance activities to limit flaring NHVcz of 800 BTU/scf in this case will efficiency and 98-percent destruction events only during emergencies. The ensure adequate combustion and efficiency. three major causes of flaring at the DCU destruction efficiency. Specifically, this request from Shell MPGF historically have been loss of III. AMEL for the DCU MPGF Martinez, which was submitted to the FGR compressors, loss of DCU wet gas EPA on June 1, 2018, seeks an AMEL to compressor, and distillate hydrotreater The Agency is seeking the public’s operate an MPGF for its DCU at its depressuring. input on the request that the EPA Martinez Refinery during upset approve the AMEL for this DCU MPGF. emergency conditions. This DCU is Information Supporting Shell’s AMEL Specifically, the EPA seeks the public’s subject to the Petroleum Refinery Requests input on the following proposed MACT, 40 CFR part 63, subpart CC; As mentioned above, Shell Martinez conditions of NHVcz ≥ 800 BTU/scf for accordingly, the request followed the provided the information specified in the Shell Martinez’s DCU’s MPGF. AMEL framework specified in 40 CFR the flare AMEL framework at 40 CFR (1) The MPGF must be operated part 63, subpart CC at 40 CFR 63.670(r). 63.670(r) to support their AMEL request. according to the requirements of the The DCU MPGF design in this request The information specified in the Petroleum Refinery MACT, including 40 is a multi-point tip design which framework includes, but is not limited CFR 63.670 and 63.671, except that all employs large numbers of tips close to to: (1) Details on the project scope and references to a combustion zone heating ground level (these are termed multi- background; (2) information on value of 270 BTU/scf are replaced with point ground flares [MPGF]). The EPA regulatory applicability; (3) flare test a value of 800 BTU/scf and the flare tip has reviewed this request and has data on destruction efficiency/ velocity requirements of 40 CFR deemed it to be complete. combustion efficiency; (4) flare stability 63.670(d) do not apply. As mentioned above, Shell Martinez testing data; (5) flare cross-light testing (2) Each stage that cross-lights must submitted this AMEL request to operate data; (6) information on flare reduction have at least two pilots with a its DCU MPGF above the applicable considerations; and (7) information on continuously lit pilot flame. maximum permitted velocity appropriate flare monitoring and (3) The operator of the DCU MPGF requirements at 40 CFR 63.670(d). Shell operating conditions. For further system shall install and operate pressure Martinez provided information to information on the supporting materials monitor(s) on the main flare header, as demonstrate that the DCU MPGF design provided, see Docket ID No. EPA–HQ– well as a valve position indicator achieves 96.5-percent combustion OAR–2010–0682 and EPA–HQ–OAR– monitoring system capable of efficiency and 98-percent destruction 2014–0738. monitoring and recording the position efficiency using the requested AMEL, as Information supplied indicates that for each staging valve to ensure that the required at 40 CFR 63.670(r). For further the DCU MPGF can achieve 96.5- flare operates at normal maximum information on Shell Martinez’s AMEL percent combustion efficiency and 98- operating pressure of 15 pounds per request, see supporting materials from percent destruction efficiency if square inch gauge as described in the Shell Martinez at Docket ID No. EPA– operated under certain conditions, as AMEL application. The pressure HQ–OAR–2010–0682 and EPA–HQ– specified in section III below. Generally, monitor shall meet the requirements in OAR–2014–0738. testing of burners for the vent gas Table 13 of 40 CFR 63, subpart CC. mixture determined to be representative (a) The owner or operator of the Shell II. Requests for AMEL Shell Martinez of the flare operation was used to set the Martinez DCU MPGF shall meet the DCU MPGF appropriate NHVcz minimum limit. In reporting requirements in the Petroleum The Shell Martinez DCU includes an this case, Shell Martinez’s burner design Refinery MACT in 40 CFR MPGF used to safely combust large (i.e., Callidus MP–4) is the same design 63.655(g)(11)(i)–(iii). In addition, the volumes of high pressure, non- as that in the AMEL EPA approved for Shell Martinez MPGF notification shall condensable, flammable vapor streams Occidental (81 FR 23480). Shell also include records specified in section during upset or emergency conditions. Martinez submitted the Callidus MP–4 (i)–(ii) below. The Martinez Refinery requested a burner testing information that (i) Records of when the pressure minimum net heating value of the Occidental previously submitted to the monitor(s) on the main flare header combustion zone (NHVcz) limit of 800 EPA for its AMEL request. Shell show the flare burners are operating British thermal units per standard cubic Martinez is requesting an NHVcz limit of outside the range of tested conditions or feet (BTU/scf) that has been granted to 800 BTU/scf, the same limit that was outside the range of the manufacturer’s other similarly designed MPGFs in the requested and approved in that prior specifications. Indicate the date and past. Specifically, the MPFG for which Occidental AMEL request. This MP–4 time for each period, the pressure an AMEL was granted to Occidental burner model was shown to achieve the measurement, the stage(s) and number Chemical Corporation, ‘‘Occidental’’ (81 required combustion and destruction of flare burners affected, and the range FR 23480), utilizes the same Callidus efficiency at a minimum NHVcz of 800 of tested conditions or manufacturer’s MP–4 burner design that is employed at BTU/scf for gases produced in olefins specifications. the Shell Martinez MPGF. The Callidus manufacturing, which are considered (ii) Records of when the staging valve MPGF design uses cycling high pressure the worst case for combustion and position indicator monitoring system burners to maintain the required kinetic stability. Since in that prior action we indicates that a stage of the flare should

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not be in operation and is, or that a stage 20571. The information collection tool A. Federal Reserve Bank of Chicago of the flare should be in operation and can be reviewed at: https:// (Colette A. Fried, Assistant Vice is not. Indicate the date and time for www.exim.gov/sites/default/files/pub/ President) 230 South LaSalle Street, each such period, whether the stage was pending/eib92-30.pdf. Chicago, Illinois 60690–1414: supposed to be open but was closed, or SUPPLEMENTARY INFORMATION: 1. Jessica M. Becker, Eden Prairie, vice versa, and the stage(s) and number Title and Form Number: EIB 92–30 Minnesota; Cordelia A. Cosgrove, Cedar of flare burners affected. Report of Premiums Payable for Rapids, Iowa; Amy C. Cox, Doylestown, Pennsylvania; Andrew J. Erusha, IV. Request for Comments Financial Institutions Only. OMB Number: 3048–0021. Sheridan, Wyoming; Angela C. Erusha, The EPA is soliciting comments on all Type of Review: Renewal. Solon, Iowa; Bruce A. Erusha, Cedar aspects of the Shell Martinez request for Need and Use: This collection of Rapids, Iowa; Daniel M. Erusha, approval of an AMEL for a DCU MPGF information is necessary to determine Portland, Oregon; James R. Erusha, to be used to comply with the standards. eligibility of the applicant for EXIM Cedar Rapids, Iowa; Julie A. Erusha The EPA specifically seeks comment assistance. The information collected Trust, Julie A. Erusha, Sheridan, regarding whether or not the alternative enables EXIM to determine the Wyoming, as trustee; Kimberly S. ≥ operating conditions of NHVcz 800 eligibility of the shipment(s) for Erusha, Basking Ridge, New Jersey; BTU/scf discussed in section III above insurance and to calculate the premium Michael D. Erusha Trust, Michael D. will achieve the combustion efficiency due to EXIM for its support of the Erusha, Sheridan, Wyoming, as trustee; and/or destruction efficiency required at shipment(s) under its insurance The Owen N. Erusha Trust, D. Neil 40 CFR 63.670(r). program. Erusha, Solon, Iowa, as Trustee; Patricia Dated: March 6, 2019. Affected Public: This form affects M. Erusha, Solon, Iowa; Robert C. Panagiotis Tsirigotis, entities involved in the export of U.S. Erusha II, Ellisville, Missouri; Gary L. Director, Office of Air Quality Planning and goods and services. Fattig, Chelsea, Iowa; Kathryn M. Fattig, Standards. Annual Number of Respondents: 215. Chelsea, Iowa; Robert L. Fattig, Searsboro, Iowa; Vicky K. Garnsey, [FR Doc. 2019–04349 Filed 3–8–19; 8:45 am] Estimated Time per Respondent: 30 minutes. Eagle, Colorado; Anne E. Juelsgaard, BILLING CODE 6560–50–P Annual Burden Hours: 1,290 hours. West Des Moines, Iowa; Dolores M. Frequency of Reporting of Use: Kaiden, Cedar Rapids, Iowa; Karlene M. Monthly. Lindseth, Eden Prairie, Minnesota; EXPORT-IMPORT BANK Government Expenses: Krista M. Lindseth, Eden Prairie, [Public Notice: 2019–6006] Reviewing time per year: 860 hours. Minnesota; Michael J. Lindseth, Eden Average Wages per Hour: $42.50. Prairie, Minnesota; Nicole M. Lindseth, Agency Information Collection Average Cost per Year: $36,550 Eden Prairie, Minnesota; Gail M. Scott, Activities: Comment Request (time*wages). Cambridge, Iowa; and Carolyn M. Benefits and Overhead: 20%. Tinkham, Cedar Rapids, Iowa; to join AGENCY: Export-Import Bank of the Total Government Cost: $43,860. the Erusha Family Control Group and United States. acquire voting shares of Solon Bassam Doughman, ACTION: Submission for OMB review and Financial, Inc. and thereby indirectly comments request. IT Specialist. acquire Solon State Bank, both of Solon, [FR Doc. 2019–04364 Filed 3–8–19; 8:45 am] Iowa. SUMMARY: The Export-Import Bank of BILLING CODE 6690–01–P the United States (EXIM), as part of its Board of Governors of the Federal Reserve continuing effort to reduce paperwork System, March 6, 2019. Yao-Chin Chao, and respondent burden, invites the FEDERAL RESERVE SYSTEM general public and other Federal Assistant Secretary of the Board. Agencies to comment on the proposed Change in Bank Control Notices; [FR Doc. 2019–04306 Filed 3–8–19; 8:45 am] information collection, as required by Acquisitions of Shares of a Bank or BILLING CODE P the Paperwork Reduction Act of 1995. Bank Holding Company This collection of information is necessary to determine eligibility of the The notificants listed below have FEDERAL RESERVE SYSTEM export sales for insurance coverage. The applied under the Change in Bank Report of Premiums Payable for Control Act (‘‘Act’’) (12 U.S.C. 1817(j)) Agency Information Collection Financial Institutions Only is used to and § 225.41 of the Board’s Regulation Activities: Announcement of Board determine the eligibility of the Y (12 CFR 225.41) to acquire shares of Approval Under Delegated Authority shipment(s) and to calculate the a bank or bank holding company. The and Submission to OMB premium due to EXIM for its support of factors that are considered in acting on the notices are set forth in paragraph 7 AGENCY: Board of Governors of the the shipment(s) under its insurance Federal Reserve System. program. of the Act (12 U.S.C. 1817(j)(7)). The notices are available for SUMMARY: The Board of Governors of the DATES: Comments must be received on immediate inspection at the Federal Federal Reserve System (Board) is or before May 10, 2019 to be assured of Reserve Bank indicated. The notices adopting a proposal to implement the consideration. also will be available for inspection at New Hire Information Collection (FR 27; ADDRESSES: Comments may be the offices of the Board of Governors. OMB No. 7100–new). submitted electronically on Interested persons may express their FOR FURTHER INFORMATION CONTACT: WWW.REGULATIONS.GOV (EIB 92–30) views in writing to the Reserve Bank Federal Reserve Board Clearance or by email to [email protected] or indicated for that notice or to the offices Officer—Nuha Elmaghrabi—Office of by mail to Mia L. Johnson, Export- of the Board of Governors. Comments the Chief Data Officer, Board of Import Bank of the United States, 811 must be received not later than March Governors of the Federal Reserve Vermont Ave. NW, Washington, DC 26, 2019. System, Washington, DC 20551 (202)

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452–3829. Telecommunications Device secure web-based New Hire Portal the New Hire Information Collection is for the Deaf (TDD) users may contact before they become employees of the not provided, then the Board cannot (202) 263–4869, Board of Governors of Board. complete the hiring process. the Federal Reserve System, Currently, information is collected Generally, information collected as Washington, DC 20551. from new employees during the Board’s part of the New Hire Information OMB Desk Officer—Shagufta New Employee Orientation (NEO) in Collection will be kept confidential Ahmed—Office of Information and order to complete certain employee on- from the public under exemption 6 of Regulatory Affairs, Office of boarding tasks, such as set up direct the Freedom of Information Act (FOIA) Management and Budget, New deposit, conduct security/background to the extent that the disclosure of the Executive Office Building, Room 10235, checks, set up computer log-in profiles, information ‘‘would constitute a clearly 725 17th Street NW, Washington, DC establish applicable tax withholdings, unwarranted invasion of personal 20503 or by fax to (202) 395–6974. determine benefits, and identify privacy’’ (5 U.S.C. 552(b)(6)). For SUPPLEMENTARY INFORMATION: On June dependents, as well as related purposes. example, the release of information such 15, 1984, the Office of Management and Such personnel information currently is as the new hire’s date of birth, home Budget (OMB) delegated to the Board submitted by new employees on address, home telephone number, or authority under the Paperwork hardcopy forms during or after NEO. social security number to the public Reduction Act (PRA) to approve and Accordingly, the information collected would likely constitute a clearly assign OMB control numbers to under the Board’s current process is not unwarranted invasion of personal subject to the PRA, 44 U.S.C. 3501 et privacy and be kept confidential. collection of information requests and seq., because information is only However, the release of information requirements conducted or sponsored provided to the Board after the such as the educational history of the by the Board. Board-approved respondent has become a Board new hire or the start date of collections of information are employee. However, under the proposal, employment would not likely constitute incorporated into the official OMB such personnel information a clearly unwarranted invasion of inventory of currently approved predominantly would be collected personal privacy and may be disclosed collections of information. Copies of the electronically from new hires through under the FOIA. Paperwork Reduction Act Submission, the New Hire Portal before the new hire Determinations regarding disclosure supporting statements and approved becomes an employee of the Board. to third parties of any confidential collection of information instrument(s) Therefore, the requirements of the PRA portions of the information collection are placed into OMB’s public docket would apply to the information that are considered exempt under the files. The Board may not conduct or collection. FOIA will be made in accordance with sponsor, and the respondent is not As part of the onboarding process for the Privacy Act (5 U.S.C. 552a(b)). required to respond to, an information new hires, a Human Resources Relevant Privacy Act statements are collection that has been extended, professional at the Board would identify provided when a respondent logs in to revised, or implemented on or after the necessary information that must be the portal and before the respondent is October 1, 1995, unless it displays a collected from the new hire, which is asked to provide any information. The currently valid OMB control number. dependent upon whether the person Board may make disclosures in Final approval under OMB delegated will be starting as an intern or starting accordance with the Privacy Act’s authority of the implementation of the as a full- or part-time employee, routine use disclosure provision (5 following information collection: including as a Governor or Board U.S.C. 552a(a)(7) and (b)(3)), which Report title: New Hire Information officer, and whether the new hire is permits the disclosure of a record for a Collection. transferring from another federal purpose which is compatible with the Agency form number: FR 27. agency. The new hire would then be purpose for which the record was OMB control number: 7100–new. sent an email asking him or her to collected. Such routine uses are listed in Frequency: As needed. provide the personnel information, the specific systems of records notices, Respondents: Individuals. described below, through the New Hire which apply to this information Estimated number of respondents: Portal prior to their official start date. collection and which can be found in: Regular Hires: 312; Intern Hires: 122; Legal authorization and (1) The System of Records Notice for Federal Transfers: 10. confidentiality: The information BGFRS–1, FRB-Recruiting and Estimated average hours per response: collected as part of the New Hire Placement Records, located here: Regular Hires: 1; Intern Hires: 0.75; Information Collection is authorized https://www.federalreserve.gov/files/ Federal Transfers: 1.08. pursuant to sections 10(3), 10(4), 11(l), BGFRS-1-recruiting-and-placement- Estimated annual burden hours: and 11(q) of the Federal Reserve Act, records.pdf; (2) the System of Records 414.3. which provides the Board broad Notice for BGFRS–4, FRB-General General description of report: This authority over employment of staff and Personnel Records, located here: https:// information collection would provide security of its building, as well as the www.federalreserve.gov/files/BGFRS-4- for the electronic collection of certain authority to determine and prescribe the general-personnel-records.pdf; (3) the personnel information from new hires manner in which its obligations shall be System of Records Notice for BGFRS–7, using a secure web-based portal, the incurred and its expenses allowed and FRB—Payroll and Leave Records, ‘‘New Hire Portal,’’ before the first day paid (12 U.S.C. 243, 244, 248(l), and located here: https://www.federal of employment of a new hire. In this 248(q)). In addition, Executive Order reserve.gov/files/BGFRS-7-payroll-and- way, the Board is proposing to 9397 (November 22, 1943) authorizes leave-records.pdf; (4) the System of streamline the collection of personnel Federal agencies to use an individual’s Records Notice for BGFRS–24, FRB— information from new hires so that social security number to identify EEO General Files, located here: https:// much of the information previously individuals in agency records. www.federalreserve.gov/files/BGFRS-24- collected in hardcopy format from new Providing the information collected as eeo-general-files.pdf; and/or (5) the employees on their first day of part of the New Hire Information System of Records Notice for BGFRS– employment would be submitted Collection is voluntary. However, if 34, FRB–ESS Staff Identification Card electronically by new hires through the certain information requested as part of File, located here: https://

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www.federalreserve.gov/files/BGFRS-34- Description: The Federal Tax Refund 302.60, and 45 CFR 303.72, which ess-staff-identification-card-file.pdf. Offset and Administrative Offset require state child support agencies to Current actions: On December 17, (Federal Offset) programs collect past- submit information pertaining to past- 2018, the Board published a notice in due child and spousal support by due support cases meeting specific the Federal Register (83 FR 64573) intercepting certain federal payments, criteria for the offset of the federal tax requesting public comment for 60 days including federal tax refunds, of parents refund of the noncustodial parent; (2) 31 on the implementation of the FR 27. The who have been ordered to pay support U.S.C. 3701 et seq., 31 U.S.C. 3716(h), comment period for this notice expired and are delinquent. The Federal Offset and 31 CFR 285.1, which require state on February 15, 2019. The Board did not Program is a cooperative effort among child support agencies to submit receive any comments. The collection the Department of the Treasury’s Bureau information pertaining to past-due will be implemented as proposed. of the Fiscal Service, the federal Office support cases meeting specific criteria Board of Governors of the Federal Reserve of Child Support Enforcement (OCSE), for the administrative offset of federal System, March 6, 2019. and state child support enforcement payments other than federal tax refunds Michele Taylor Fennell, agencies. of the noncustodial parent; (3) 42 U.S.C. Assistant Secretary of the Board. The Passport Denial Program reports 652(k), 42 U.S.C. 654(31), and 22 CFR [FR Doc. 2019–04301 Filed 3–8–19; 8:45 am] noncustodial parents who owe child 51.60, which require state child support and spousal support above a threshold BILLING CODE 6210–01–P agencies to submit information to OCSE to the Department of State, which will pertaining to past-due support cases then deny passports to these meeting specific criteria for the denial, individuals. DEPARTMENT OF HEALTH AND revocation, restriction, or limitation of On an ongoing basis, child support HUMAN SERVICES the passport of the noncustodial parent; enforcement agencies submit to OCSE and (4) 42 U.S.C. 654(31), 42 U.S.C. 664, the names, Social Security numbers, Administration for Children and 31 CFR 285.1, and 31 CFR 285.3, which Families and the amount(s) of past-due child and spousal support of noncustodial parents require state child support agencies to submit the Annual Certification Letter Proposed Information Collection who are delinquent in making to OCSE asserting that each case Activity; Comment Request payments. The information collection activities submitted for the Federal Tax Refund Proposed Projects pertaining to the Federal Tax Refund Offset, Administrative Offset, and Title: Federal Tax Refund Offset, Offset, Administrative Offset, and Passport Denial programs meets federal Administrative Offset, and Passport Passport Denial programs are authorized requirements. Denial. by: (1) 42 U.S.C. 652(b), 42 U.S.C. 664, Respondents: Child Support OMB No.: 0970–0161. 26 U.S.C. 6402(c), 31 CFR 285.3, 45 CFR Enforcement Agencies.

ANNUAL BURDEN ESTIMATES

Number of Average Information collection instrument Number of responses per burden hours Total burden respondents respondent per response hours

Input Record ...... 54 52 .3 842.4 Output Record ...... 54 52 .46 1291.7 Payment File ...... 54 52 .135 379.1 Certification Letter ...... 54 1 .4 21.6 Portal Processing Screens ...... 173 280.65 .01 485.52

Estimated Total Burden Hours: 3,020. for the proper performance of the DEPARTMENT OF HEALTH AND In compliance with the requirements functions of the agency, including HUMAN SERVICES of the Paperwork Reduction Act of 1995 whether the information shall have (Pub. L. 104–13, 44 U.S.C. Chap 35), the practical utility; (b) the accuracy of the Administration for Children and Administration for Children and agency’s estimate of the burden of the Families proposed collection of information; (c) Families is soliciting public comment Office on Trafficking in Persons; on the specific aspects of the the quality, utility, and clarity of the Notice of Charter Renewal and Meeting information collection described above. information to be collected; and (d) Copies of the proposed collection of ways to minimize the burden of the AGENCY: Administration for Children information can be obtained and collection of information on and Families (ACF), Department of comments may be forwarded by writing respondents, including through the use Health and Human Services. to the Administration for Children and of automated collection techniques or ACTION: Announcement of charter Families, Office of Planning, Research other forms of information technology. renewal, meeting, and call for public and Evaluation, 330 C Street SW, Consideration will be given to comments on recommendations to Washington, DC 20201. Attn: ACF comments and suggestions submitted improve the Nation’s response to the sex Reports Clearance Officer. Email within 60 days of this publication. trafficking of children and youth. address: [email protected]. All requests should be identified by the title Mary B. Jones, SUMMARY: Notice is hereby given, of the information collection. ACF/OPRE Certifying Officer. pursuant to the provisions of the The Department specifically requests [FR Doc. 2019–04367 Filed 3–8–19; 8:45 am] Federal Advisory Committee Act comments on: (a) Whether the proposed BILLING CODE 4184–41–P (FACA) and the Preventing Sex collection of information is necessary Trafficking and Strengthening Families

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Act, that the charter for the of the partnerships/the-national-advisory- DEPARTMENT OF HEALTH AND National Advisory Committee on the committee. The Committee requests HUMAN SERVICES Sex Trafficking of Children and Youth public comments in response to their in the United States (Committee) was first outline of recommendations Food and Drug Administration renewed on January 18, 2019. The available at https://www.acf.hhs.gov/ [Docket No. FDA–2018–N–0215] renewal is available at https:// otip/resource/nacprelim. www.acf.hhs.gov/otip/resource/ To submit written statements or RSVP Agency Information Collection 2019naccharter. Activities; Submission for Office of to attend in-person or make verbal Notice is also given that a meeting of Management and Budget Review; statements, email Ava.Donald@ the National Advisory Committee on the Comment Request; Healthcare acf.hhs.gov by May 10, 2019. Please Sex Trafficking of Children and Youth Professional Survey of Professional in the United States (Committee) will be include your name, organization, and Prescription Drug Promotion held on May 28, 2019. The purpose of phone number. More details on these the meeting is for the Committee to options are below. AGENCY: Food and Drug Administration, discuss its work on its interim report on Public Accessibility to the Meeting: HHS. recommended best practices for States Pursuant to 5 U.S.C. 552b and 41 CFR ACTION: Notice. to follow in combating the sex 102–3.140 through 102–3.165, and SUMMARY: The Food and Drug trafficking of children and youth based subject to the availability of space, this on multidisciplinary research and Administration (FDA) is announcing meeting is open to the public. Seating is promising, evidence-based models and that a proposed collection of on a first to arrive basis. Security programs. The members will remain in information has been submitted to the Phoenix on May 29 to conduct screening and a photo ID are required. Office of Management and Budget subcommittee meetings and a fact Space and parking is limited. The (OMB) for review and clearance under finding site visit. building is fully accessible to the Paperwork Reduction Act of 1995. individuals with disabilities. DATES: The meeting will be held on May DATES: Fax written comments on the 28, 2019. The members will remain in Written Statements: Pursuant to 41 collection of information by April 10, Phoenix on May 29 to conduct CFR 102–3.105(j) and 102–3.140 and 2019. subcommittee meetings and a fact section 10(a)(3) of the Federal Advisory ADDRESSES: To ensure that comments on finding site visit. Committee Act, the public may submit the information collection are received, ADDRESSES: The meeting will be held in written statements in response to the OMB recommends that written Phoenix, Arizona at the invitation of stated agenda of the meeting or to the comments be faxed to the Office of Governor Ducey. Space is limited. committee’s mission in general. Information and Regulatory Affairs, Identification will be required at the Organizations with recommendations OMB, Attn: FDA Desk Officer, Fax: 202– entrance of the facility (e.g., passport, on best practices are encouraged to 395–7285, or emailed to oira_ state ID, or federal ID). submit their comments or resources [email protected]. All To attend the meeting virtually, (hyperlinks preferred). Written comments should be identified with the please register for this event online: comments or statements received after OMB control number 0910-New and https://www.acf.hhs.gov/otip/resource/ April 10, 2019 may not be provided to title, ‘‘Healthcare Professional Survey of nacagenda0519. the Committee until its next meeting. Professional Prescription Drug FOR FURTHER INFORMATION CONTACT: Promotion.’’ Also include the FDA Verbal Statements: Pursuant to 41 docket number found in brackets in the Katherine Chon (Designated Federal CFR 102–3.140d, the Committee is not Officer) at [email protected] heading of this document. obligated to allow a member of the or (202) 205–4554 or 330 C Street SW, FOR FURTHER INFORMATION CONTACT: Ila public to speak or otherwise address the Washington, DC, 20201. Additional S. Mizrachi, Office of Operations, Food Committee during the meeting. information is available at https:// and Drug Administration, Three White www.acf.hhs.gov/otip/partnerships/the- Members of the public are invited to Flint North, 10A–12M, 11601 national-advisory-committee. provide verbal statements during the Landsdown St., North Bethesda, MD Committee meeting only at the time and SUPPLEMENTARY INFORMATION: The 20852, 301–796–7726, PRAStaff@ formation and operation of the manner described in the agenda. The fda.hhs.gov. Committee are governed by the request to speak should include a brief SUPPLEMENTARY INFORMATION: In provisions of Public Law 92–463, as statement of the subject matter to be compliance with 44 U.S.C. 3507, FDA amended (5 U.S.C. App. 2), which sets addressed and should be relevant to the has submitted the following proposed forth standards for the formation and stated agenda of the meeting or the collection of information to OMB for use of federal advisory committees. Committee’s mission in general. review and clearance. Purpose of the Committee: The Minutes: The minutes of this meeting Healthcare Professional Survey of purpose of the Committee is to advise will be available for public review and the Secretary and the Attorney General Professional Prescription Drug copying within 90 days at: https:// Promotion on practical and general policies www.acf.hhs.gov/otip/partnerships/the- concerning improvements to the national-advisory-committee. OMB Control Number 0910–New nation’s response to the sex trafficking of children and youth in the United Dated: March 4, 2019. I. Background States. HHS established the Committee Lynn A. Johnson, Section 1701(a)(4) of the Public pursuant to Section 121 of the Assistant Secretary for Children and Families. Health Service Act (42 U.S.C. Preventing Sex Trafficking and [FR Doc. 2019–04403 Filed 3–8–19; 8:45 am] 300u(a)(4)) authorizes FDA to conduct research relating to health information. Strengthening Families Act of 2014 BILLING CODE 4184–40–P (Pub. L. 113–183). Section 1003(d)(2)(C) of the Federal Tentative Agenda: The agenda can be Food, Drug, and Cosmetic Act (FD&C found at https://www.acf.hhs.gov/otip/ Act) (21 U.S.C. 393(d)(2)(C)) authorizes

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FDA to conduct research relating to even potentially be misleading due to a include cardiologists, dermatologists, drugs and other FDA regulated products variety of causes, such as insufficient endocrinologists, neurologists, in carrying out the provisions of the information, unsupported claims, or a obstetrician/gynecologists, oncologists, FD&C Act. failure to disclose limitations of the ophthalmologists, psychiatrists, The FD&C Act prohibits the information presented (Refs. 11–15). rheumatologists, and urologists. The dissemination of false or misleading Although HCPs are learned data will be weighted to adjust for information about medications in intermediaries, like most people, they differential coverage of select consumer-directed and professional may rely on heuristics, or rules of characteristics such as region and prescription drug promotion. As part of thumb, in making decisions and may respondent age and gender. Pretesting its Federal mandate, FDA regulates have cognitive biases in the type of with 25 respondents will take place whether advertising of prescription drug information they attend to at any given before the main study to evaluate the products is truthful, balanced, and time. They may be persuaded by strong procedures and measures used in the accurately communicated (see 21 U.S.C. statements and may not have the time main study. 352(n)). FDA’s regulatory policies are to ascertain accuracy of such In the Federal Register of March 15, aligned with the principles of free information (Ref. 16). 2018 (83 FR 11539), FDA published a speech and due process in the U.S. The proposed survey is designed to 60-day notice requesting public Constitution. To inform current and provide further insights about how comment on the proposed collection of future policies, and to seek to enhance professionally targeted prescription information. Four comments were audience comprehension, the Office of drug promotion might influence received. One comment was outside the Prescription Drug Promotion conducts healthcare professionals’ decision- scope of the research and is not research focusing on (1) advertising making processes and practices and addressed further. The remaining three features including content and format, how information may be communicated comments are addressed below. For (2) target populations, and (3) research more accurately. It is important to note brevity, some public comments are quality. This proposed research focuses that FDA does not regulate the practice paraphrased and therefore may not on healthcare professionals (HCPs). In of medicine. However, as previously reflect the exact language used by the 2002 (Ref. 1) and again in 2013 (Refs. 2 mentioned, FDA does regulate commenter. We assure commenters that and 3), FDA surveyed HCPs about their prescription drug promotion. This the entirety of their comments was attitudes toward direct-to-consumer survey is designed to inform FDA of considered even if not fully captured by (DTC) advertising and its role in their various responses to and impacts of our paraphrasing in this document. The relationships with their patients. The prescription drug promotion. following acronyms are used here: DTC 2013 survey included multiple types of The general research questions in the = direct-to-consumer; HCP = healthcare HCPs: Primary care physicians and survey are as follows: professional; FDA and ‘‘The Agency’’ = specialists, as well as nurse 1. What methods and/or channels are Food and Drug Administration; OPDP = practitioners and physician assistants. used to disseminate prescription drug FDA’s Office of Prescription Drug Whereas the focus of both previous FDA promotional information to healthcare Promotion. surveys was on DTC advertising and professionals/prescribers? promotion, the current study is 2. How knowledgeable and interested The first public comment had 19 designed to address issues related to are HCPs in clinical trial data and individual comments, to which we have professional prescription drug design and its presence in prescription responded. promotion. The goal is to query a drug promotion? (Comment 1a) The exact reach of the representative sample of HCPs about 3. How familiar are HCPs with the WebMD Medscape subscriber network their opinions of promotional materials FDA approval of prescription drugs and among medical professionals is unclear. and procedures targeted at HCPs, how does this affect prescribing With this in mind, the study design clinical trial design and knowledge, and behavior? could introduce bias by self-selecting FDA approval status. We will also take In addition, given the critical problem physicians who do not accurately reflect this opportunity to ask HCPs briefly with opioid abuse and addiction in the the broader physician population. For about their knowledge of abuse- United States at this time, we plan to example, they may be more reliant on deterrent formulations for opioid ask several questions about prescription internet-based information, have seen products. drug promotion of opioid products. more web-based pharmaceutical To educate themselves about HCPs who fall into one of four advertisements, and be demographically prescription drugs, HCPs sometimes categories will be recruited online different than physicians outside the rely on professionally directed through WebMD’s Medscape subscriber Medscape network. promotional information (Refs. 4–8). In network. We propose to complete 700 (Response 1a) It is true that Medscape 2012, pharmaceutical companies spent primary care physician, 600 specialist, is not an exhaustive listing of the entire more than $24 billion on marketing to 350 nurse practitioner, and 350 universe of HCPs, but the evidence physicians (Ref. 9). The industry physician assistant surveys. HCPs will suggests that coverage is high. Table 1 exposes healthcare professionals to be included if they see patients at least below documents the number of promotional materials through a variety 50 percent of the time. Both Doctors of providers subscribed to WebMD for the of mechanisms, including Medicine and Doctors of Osteopathy four major strata of HCPs included in communication with pharmaceutical will be included. Primary care the study and the estimated population representatives, journal ads, prescribing physicians will include those who totals. The coverage is particularly good software, presentations at sponsored indicate they work in general, family, or for primary care physicians (over 80 meetings, and direct mail ads (Ref. 10). internal medicine. Specialties were percent), is reasonable for specialists Several studies indicate that data chosen based on prevalence in the and physicians assistants (between 60 presented in promotional materials may United States and prescription drug and 70 percent), and not as good for not be fully comprehended and may promotional activity. Specialists will nurse practitioners (about 45 percent).

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TABLE 1—ESTIMATED COUNTS AND COVERAGE BY HEALTHCARE PROFESSIONAL GROUP

Estimated Estimated Healthcare professional group WebMD 1 population coverage total %

Primary care physicians (PCPs) ...... 197,980 2 242,800 81.5 Specialists (SPs) ...... 465,020 2 724,249 64.2 Physicians assistants ...... 62,874 3 92,000 68.3 Nurse practitioners ...... 102,552 4 220,000 46.6 1 WebMD estimated counts of Medscape subscribers by HCP group as of July 2017. 2 American Medical Association (https://www.mmslists.com/data/countspdf/AMA-SpecialtyByTOPS.pdf). 3 Kaiser Family Foundation (https://www.kff.org/other/state-indicator/total-physician-assistants/?currentTimeframe=0&sortModel=%7B%22colId %22:%22Location%22,%22sort%22:%22asc%22%7D). 4 American Association of Nurse Practitioners (https://www.aanp.org/all-about-nps/np-fact-sheet).

The Medscape frame has a smaller sample size should be at least 50 physicians subscribing to a reference frequency of out-of-scope records respondents from each specialty. website (WebMD Medscape). (retirees, for example, who have not (Response 1b) Our analysis plan does (Response 1e) We acknowledge there been dropped from the list), and much not include a separate full-scale analysis may be a coverage bias from the use of better contact information (including for each specialty, though specialty will the WebMD Medscape as a frame, but email addresses), compared to other be included in the analyses as a do not know exactly the magnitudes of possible frames. Potential frame covariate along with other provider bias for particular items. We will competitors, such as the American characteristics. Thus, the 50-respondent document the nature of our frame and Medical Association list of providers, minimum per specialty is not necessary the potential implications of that. See have higher coverage of PCPs and SPs, given the goals of this study. response to comment 1a for more details but also many out-of-scope records. (Comment 1c) We did not have access on WebMD sample. Sampling these records would lead to to the full screening criteria and have (Comment 1f) Q7a asks respondents to ineligibles in data collection. several suggestions for the criteria: a gauge the influence of various Considering both coverage and mix of age, practice experience, practice information sources on their colleagues’ ineligibility rates, Medscape is of better setting, number of patients seen each prescribing decisions. Q7b asks about quality than the alternatives. We are month, and gender. the influence of various information sources on the respondent’s prescribing planning to calibrate the weights for the (Response 1c) Our screening decisions. Influence is subjective and sample providers who answer the instrument captures the suggested respondent answers to these questions questionnaire, using the National items, including age, gender, race/ are inherently unreliable. We suggest Ambulatory Medical Care Survey ethnicity, practice setting, percent of asking about behavior to help (NAMCS) estimates as benchmarks, time seeing patients, and clinical understand influence. If these questions based on gender, age, year of graduation, specialty. The survey instrument are retained, we suggest reordering the and practice size. Use of these calibrated collects information on the number of weights will guarantee that the questions. patients seen weekly and number of (Response 1f) We are interested in percentages across provider type, years in practice. gender, age, year of graduation, and HCPs’ perceptions of relative influence (Comment 1d) Q[uestion]2 currently of different information sources. An practice size match the NAMCS asks how often physicians visit assessment of the actual influence of percentages, which are our best commercial prescription drug websites. these sources through prescribing data unbiased estimates of the true This is a broad question, and we suggest is beyond the scope of this project. This population percentages. Thus, the adding followup questions to is a valuable avenue for future research. under-coverage from the use of the understand why the physician went to Moreover, this question is designed to Medscape frame will not lead to the website (i.e., interested in getting build on research literature which significant imbalances in the specific product information, patient suggests that HCPs typically rate distribution of these characteristics assistance program information, etc.), promotional materials as being more which could lead to bias. Calibration what specific information was sought influential on colleagues than on eliminates bias-producing imbalances (i.e., promotional information, themselves (Refs. 17 and 18). Thus, we for cells defined by the calibration educational resources, patient support ask about the influence of promotional characteristics, but does not eliminate services, prescribing information) and information for both colleagues and the imbalances within these cells. It may be how helpful was the information. respondent. We will randomize the the case that within the provider type- (Response 1d) Prescription drug presentation order of these two gender-age-graduation year-practice size websites are one of several information questions in the survey. cells, the Medscape population differs sources that are asked about in the (Comment 1g) For Q9–Q10, questions from the universe because of their self- survey. The primary goal of our and answer choices are overly broad to selection into Medscape. This will questions about sources of information provide actionable insight. For example, generate coverage biases of unknown is to capture the amount of exposure or respondents might define ‘‘information magnitude, but we anticipate that the use of various information sources by about clinical trial designs or clinical size of these biases will be small as a HCPs. This may be a good avenue for trial outcomes’’ differently, along with component of overall mean-squared- further research. what ‘‘Some’’ versus ‘‘Lots’’ of error in this study and will not (Comment 1e) Responses to Q3 could information represent. We suggest materially affect the analyses. skew towards more frequent use than revising Q9 to ‘‘Do you need more (Comment 1b) If specialties are the average prescriber since the sample clinical trial design information in order planned to be analyzed individually, the is being recruited from a network of to understand or interpret the clinical

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trial data and outcomes presented in question to incorporate the definition of not know’’ for this question. We also promotional material?’’ We suggest accelerated approval and then ask the plan to code open-ended responses to revising Q10 to ‘‘Do you need more respondent about his/her comfort level determine their level of closeness to the clinical trial outcomes information in with prescribing. This approach would established definition: a biological order to make sound clinical decisions allow the survey to collect responses product that is highly similar to and has for your patients?’’ from the most respondents possible. We no clinically meaningful differences (Response 1g) We have made some also suggest adding a question prior to from an existing FDA-approved changes to these questions as a result of Q22 to ask about familiarity or reference product (42 U.S.C. 262(i)(2)). cognitive testing. For example, we experience with an accelerated approval We have also added a close-ended replaced ‘‘clinical trial design’’ with drug that could be used to assess prior question prior to Q24 to ask HCPs how ‘‘clinical trial methodology’’ and behavior as well as understand how comfortable they are prescribing included examples of what is meant by experience with accelerated approval biosimilars. methodology in parenthesis (e.g., impacts comfort to use. (Comment 1n) For Q25–26, we sample, study design). We also changed (Response 1k) We have purposefully recommend including ‘‘don’t know’’ or answer choices to make them more not included a definition of accelerated ‘‘it depends’’ as answer options for these distinct. The choices are now: All approval, as we are interested in two questions. information, a moderate amount, a assessing comfort with accelerated (Response 1n) While some cognitive minimal amount, and none. approval based on their own effort is required, we believe the (Comment 1h) We suggest revising understanding of the term. We have scenarios included in these questions Q14 into two separate questions. One added an open-ended question prior to provide sufficient information to allow question about the type of training (e.g. Q22 that asks respondents to describe respondents to make ratings. We also formal school, continuing medical what an accelerated approval drug is in note that during cognitive testing, education, peers) and a separate their own words. respondents did not have difficulty question on how much training in (Comment 1l) We recommend answering these questions. different aspects of clinical trial design modifying the open-ended question (Comment 1o) For Q28, we the respondent completed. (Q23) about scientific exchange and recommend incorporating a description (Response 1h) We are using the offering respondent components for or definition of ‘‘REMS’’ materials. question about clinical trials training as consideration (i.e., criteria for who is (Response 1o) We have revised the a covariate to other questions in the part of exchange of information, question to spell out the term, Risk survey about clinical trials. Training description for type of scientific Evaluation or Mitigation Strategy may influence the amount of clinical information, description of context of (REMS) materials. trials information HCPs want included scientific information, and the forum or (Comment 1p) For Q28a, we in promotions or their level of comfort setting where exchange of information recommend a small modification to the with clinical trials data. We have added occurs). We also recommend adding question in order to fully capture and the word ‘‘formal’’ to the question to question(s) to understand how often connect to the list from the previous indicate that we are referring to actual respondents engage in settings where question. For example, How often do training rather than informal scientific exchange typically occurs, these materials or events mention abuse discussions with colleagues. such as oral presentations/poster potential? (Comment 1i) Q18 assumes the sessions at scientific congresses, review (Response 1p) We will revise the physician knows whether the drugs of articles in medical journals, data and question to include ‘‘events.’’ prescribed are approved or not clinical trial summaries on clinical trial (Comment 1q) We suggest adding a approved. We suggest including a registries. followup question to Q27 and Q28 to selection of ‘‘Do not know.’’ (Response 1l) The goal of this open- understand the impact of education/ (Response 1i) We will add ‘‘Do not ended question is to assess general information about opioids on know’’ as a response option to this awareness/understanding of the term prescribing behaviors. For example, ‘‘Is question. ‘‘scientific exchange.’’ In cognitive the number of patients you prescribed (Comment 1j) We have concerns that testing, we found that several HCPs had opioids for chronic pain in the last 3 Q21 fails to define what the Agency never heard this term before. Therefore, months relative to 12 months ago: (1) means by ‘‘promotion.’’ As a result, the we need to get a broader sense of the same, (2) less or (3) more?’’ question as phrased may suggest that general awareness, which may be low, (Response 1q) We have added this the Agency has broader authority than before following up with more specific question to the survey. delegated by Congress or as permitted questions. We have added the option to (Comment 1r) We suggest an under the First Amendment to regulate check ‘‘do not know’’ for this question. additional followup question to Q27 (i.e., ‘‘allow’’) protected manufacturer (Comment 1m) The open-ended and Q28 to capture how the discussion speech that is truthful and non- question (Q24) seeking a description of and information on opioids and abuse misleading. We suggest revising Q21 to biosimilars will likely result in an potential has changed over recent years, ask respondents if they value the ability extremely wide range of answers with rather than focusing only on the of pharmaceutical companies to provide no ability to categorize responses based previous 12 months. Asking a truthful and non-misleading on the HCP’s true knowledge of the retrospective question might capture information about their drugs for term. We suggest framing the question how the type of information physicians indications not approved by FDA. along the lines of how comfortable the receive has changed as the critical (Response 1j) Q21 has been deleted. HCP is with prescribing biosimilars, opioid situation has gained more (Comment 1k) We agree that having therefore, the responses may help widespread recognition. an option of ‘‘not sure’’ for Q22 is correlate knowledge of the term with a (Response 1r) The proposed followup appropriate since many respondents greater comfort level in prescribing. question broadens the scope of the might not be familiar with this approval (Response 1m) The goal of this open- survey in a way that may prevent us pathway. However, this could reduce ended question is to assess HCP general from collecting the most relevant data. the amount of information this question awareness/knowledge of biosimilars. To capture the element of change in could assess. We suggest modifying the We have added the option to check ‘‘do practice over time, as suggested, we

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have added a question to ask HCPs so the design differs considerably from to clarify that the question refers to in- whether in the last year the content of this proposed study. Having multiple person visits. promotional materials for opioid studies focusing on differing aspects of (Comment 2h) We recommend that products have contained more or less a phenomenon, using differing designs FDA delete responses 2 (‘‘Lunch for information on abuse potential. and modes, is in accordance with OMB staff’’) and 7 (‘‘Personal use item’’) from The second public comment standards to avoid unnecessary Q5b. It is not clear how these topics responder had 13 comments, to which duplication of research efforts. relate to FDA’s jurisdiction. Other we have responded. (Comment 2c) The commenter agencies of the Department of Health (Comment 2a) The public comment recommends that FDA ask questions and Human Services, not FDA, regulate responder expressed concern that they about non-opioid analgesic options, such practices. In addition, these had difficulty obtaining the proposed medication-assisted treatment for opioid responses do not seem to fall within the survey questionnaire via email, but deterrence, and opioid overdose- stated scope of the survey. acknowledged that they were able to reversal agents. By asking about this (Response 2h) We have made a minor obtain it promptly once they contacted broader range of treatments, the survey change to this question by replacing the telephone number provided in the would be consistent with the ‘‘lunch for staff’’ with ‘‘food and 60-day notice. Among other suggestions, Administration’s emphasis on the whole beverages.’’ The survey includes the commenter recommended that FDA range of medical advances that can help questions about the various types of specify a contact that can directly address the opioid crisis. prescription drug promotions and provide the survey in future notices. (Response 2c) We have added a promotional practices that HCPs might (Response 2a) We appreciate the question to address references to these be exposed to. To fully understand commenter bringing their experience to medical advances in prescription drug promotional practices, we also need to our attention. While other commenters promotion. know what pharmaceutical that requested the survey did not report (Comment 2d) We recommend that representatives provide HCPs during an that they experienced difficulty FDA amend Q1b to ask how closely in-person visit. promptly obtaining the survey, we take HCPs read different types of (Comment 2i) We recommend that this concern very seriously. Moving advertisements (e.g., advertisement for FDA clarify what is meant by the term forward, in addition to the contact new products, or for products related to ‘‘conference’’ in Q6. information that has been provided, we the HCPs practice). (Response 2i) We have revised the will also include the email address of (Response 2d) We have replaced Q1b survey to ask separate questions about the research team, DTCResearch@ with two questions to capture how ‘‘pharmaceutical dinner meetings’’ and fda.hhs.gov, in all notices to facilitate closely HCPs read the suggested types of ‘‘professional conferences.’’ This obtaining information collection advertisements. One will ask about distinction should make the meaning of instruments directly from the research advertisements for new products and professional conference clear. team. one will ask about advertisements for (Comment 2j) We recommend (Comment 2b) The proposed HCP products related to the HCP’s practice. deleting Q7, as it asks HCPs to speculate survey is duplicative of other (Comment 2e) We recommend that about colleagues’ perception of information already collected by FDA, FDA reword Q2 to avoid the ambiguous promotional materials. such as the previous Healthcare term ‘‘commercial.’’ Specifically, we (Response 2j) This question is Professional Survey of Prescription Drug recommend FDA revise the question to designed to build on research literature Promotion (HCP I survey) and a project read as follows: ‘‘How often do you visit which suggests that HCPs typically rate referenced on the OPDP website 1 product-specific or manufacturer- promotional materials as being more entitled, ‘‘Clinical Trial Data in sponsored commercial prescription drug influential on colleagues than on Professional Prescription Drug product websites, such as lipitor.com?’’ themselves (Refs. 17, 18). Thus, we ask Promotion.’’ (Response 2e) In cognitive testing about the influence of promotional (Response 2b) The HCP I survey was conducted to develop this survey, the information for both colleagues and the conducted 5 years ago (summer 2013) word ‘‘commercial’’ was easily respondent. We will randomize the and focused mainly on HCPs’ attitudes understood by respondents and is presentation order of these two toward DTC advertising and its role in needed in this question to differentiate questions in the survey. their relationship with patients (Refs. 2, it from ‘‘reference’’ websites in the (Comment 2k) We recommend that 3). The current HCP II survey focuses on subsequent question. response 3 for Q8 be amended to promotions directed at healthcare (Comment 2f) We recommend that identify both the number and type of professionals. The existence of some FDA include a new question under Q2 trials: ‘‘Number and type of trials overlapping questions does not (i.e., 2a) that is similar to 3b (i.e., that conducted.’’ constitute in itself a duplicative effort, asks how closely the HCP usually reads (Response 2k) Including number and as there is often a need to compare the prescription drug websites it visits). type of trials conducted as one response responses at multiple time points for (Response 2f) We have added this option will be confusing for respondents comprehensive analysis of the issues at question. and we believe that type of trial is hand. Many federally funded national (Comment 2g) We recommend that captured by the second response option: surveys ask the same or similar FDA clarify whether Q5a applies only to ‘‘Study design (e.g., blinded or not, questions at multiple time points to in-person visits from pharmaceutical cohort study, length of trial, etc.).’’ (Comment 2l) We recommend adding detect changes and identify trends over sales representatives. (Response 2g) During cognitive the following language to Q18 to ensure time. interviews, respondents had no consistent use throughout the survey: We also note the study referenced on difficulty understanding that question ‘‘How often do you prescribe a drug for the OPDP website is qualitative research 5a was asking only about in-person conditions for which it is not approved with a small non-representative sample, visits. However, we have revised the (referred to as unapproved use below)?’’ We also recommend amending Q20 to 1 https://www.fda.gov/AboutFDA/CentersOffices/ question to read, ‘‘How often do OfficeofMedicalProductsandTobacco/CDER/ pharmaceutical representatives bring use the term ‘‘unapproved use’’ instead ucm090276.htm promotional materials to your practice?’’ of ‘‘off-label use,’’ to correspond with

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question 19 and ensure consistent survey to clearly identify the from patients taking higher doses of the terminology throughout the survey. respondent’s Primary Specialty. product than prescribed) or for patients (Response 2l) We determined through (Response 2n) Primary specialty is that switch to non-prescribed drugs asked in the screener. We have removed cognitive testing that HCPs are familiar (e.g., heroin) still remains. the question about ‘‘secondary • with and use the term off-label use. The That potential methods for specialty’’ from the survey. defeating the ‘‘tamper-proof’’ questions have been revised to use ‘‘off- The third public comment responder label use’’ for all three questions. formulation still exist. had one comment, to which we have • That there are effective ways to (Comment 2m) We recommend responded. protect against accidental ingestion of deleting Q21, as HCPs perspectives on (Comment 3a) We suggest adding the drug or theft by others. whether promotion of unapproved uses questions to the survey about how should be allowed presumes that HCPs promotional materials and procedures (Response 3a) We address the first know the existing regulatory framework. address abuse deterrent formulations bullet in question 28c. Various aspects Moreover, the relevancy of this question (ADF) for opioid products. Specifically, of the remaining bullets are addressed is unclear given the stated research we suggest adding questions related to in question 28d. Although the specific goals. the following topic areas to assess HCPs’ points mentioned in this comment are knowledge and understanding of these important public health messages, we (Response 2m) We have deleted this areas: think these questions are more question. • That ADF products have not proven appropriate for an indepth study of the (Comment 2n) Q31 asks about the any less addictive than standard non- topic, which is beyond the scope of this respondent’s Secondary Specialty. ADF formulations. project. Please also see our responses to However, it is not clear from the survey • That the potential for patient harm Comments 1r and 2c. if and where Primary Specialty is from dose-dependent misuse of ADF FDA estimates the burden of this recorded; we recommend amending the products (e.g., adverse effects resulting collection of information as follows:

TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Pretest Study: HCP screener ...... 63 1 63 0.08 (5 minutes) ...... 5 Informed Consent ...... 25 1 25 0.08 (5 minutes) ...... 2 HCP Survey ...... 25 1 25 0.33 (20 minutes) ...... 8 Main Study: HCP screener ...... 5,037 1 5,037 0.08 (5 minutes) ...... 403 Informed Consent ...... 2,000 1 2,000 0.08 (5 minutes) ...... 160 HCP Survey ...... 2,000 1 2,000 0.33 (20 minutes) ...... 660

Total ...... 1,238 1 There are no capital costs and maintenance costs associated with this collection of information.

II. References MedicalProductsandTobacco/CDER/ 6. C. Robertson, S. Rose, and A.S. Kesselheim ucm090276.htm. Last accessed February (2012). ‘‘Effect of Financial Relationships The following references marked with 6, 2019. on the Behaviors of Health Care an asterisk (*) are on display at the 2. Betts, K.R., A.C. O’Donoghue, K.J. Aikin, Professionals: A Review of the Dockets Management Staff, OC/Office of et al. (2016). ‘‘Healthcare Professional Evidence,’’ The Journal of Law, Medicine Executive Secretariat, Food and Drug Social Media Membership and & Ethics, vol. 40(3), pp. 452–466. Administration, 5630 Fishers Lane, Rm. Participation: Findings From a 7. Srivastava, V., M. Handa, and A. Vohra 1061, Rockville, MD 20857 and are Nationally Representative Sample,’’ (2014). ‘‘Promotional Tools: Do available for viewing by interested Journal of the American Association of Physicians Really Bite the Hook?’’ Nurse Practitioners. Doi: 10.1002/2327– Drishtikon: A Management Journal, vol. persons between 9 a.m. and 4 p.m., 6924.12383. 5(2). Monday through Friday; they are also 3. O’Donoghue, A.C., V. Boudewyns, K.J. 8. Austad, K.E., J. Avorn, J.M. Franklin, et al. available electronically at https:// Aikin, et al. (2015). ‘‘Awareness of FDA’s (2014). ‘‘Association of Marketing www.regulations.gov. References Bad Ad Program and Education Interactions With Medical Trainees’ without asterisks are not on public Regarding Pharmaceutical Advertising: A Knowledge About Evidence-Based display at https://www.regulations.gov National Survey of Prescribers in Prescribing: Results From a National because they have copyright Ambulatory Care Settings,’’ Journal of Survey,’’ JAMA Internal Medicine, vol. restrictions. Some may be available at Health Communication, vol. 20(11), pp. 174(8), pp. 1283–1290. 1330–1336. *9. Cegedim Strategic Data (2013). ‘‘2012 U.S. the website address, if listed. References 4. Crigger, N.J. (2005). ‘‘Pharmaceutical Pharmaceutical Company Promotion without asterisks are available for Promotions and Conflict of Interest in Spending.’’ Available at: https:// viewing only at the Dockets Nurse Practitioner’s Decision Making: www.skainfo.com/health_care_market_ Management Staff. FDA has verified the The Undiscovered Country,’’ Journal of reports/2012_promotional_spending.pdf. website addresses, as of the date this the American Academy of Nurse 10. Spurling, G.K., P.R. Mansfield, B.D. document publishes in the Federal Practitioners, vol. 17(6), pp. 207–212. Montgomery, et al. (2010). ‘‘Information Register, but websites are subject to 5. Fischer, M. ., M.E. Keough, J.L. Baril, et al. From Pharmaceutical Companies and the (2009). ‘‘Prescribers and Pharmaceutical Quality, Quantity, and Cost of change over time. Representatives: Why Are We Still Physicians’ Prescribing: A Systematic *1. Available at: https://www.fda.gov/ Meeting?’’ Journal of General Internal Review,’’ PLoS Medicine, vol. 7(10), AboutFDA/CentersOffices/Officeof Medicine, vol. 24(7), pp. 795–801. e1000352. doi: 10.1371/jounal.pmed.

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1000352. SUMMARY: The Food and Drug Written/Paper Submissions 11. Villanueva, P., S. Peiro´, J. Librero, et al. Administration (FDA or Agency) is Submit written/paper submissions as (2003). ‘‘Accuracy of Pharmaceutical announcing an opportunity for public Advertisements in Medical Journals,’’ follows: Lancet, vol. 361(9351), pp. 27–32. comment on the proposed collection of • Mail/Hand delivery/Courier (for 12. Cooper, R.J. and D.L. Schriger (2005). certain information by the Agency. written/paper submissions): Dockets ‘‘The Availability of References and the Under the Paperwork Reduction Act of Management Staff (HFA–305), Food and Sponsorship of Original Research Cited 1995 (PRA), Federal Agencies are Drug Administration, 5630 Fishers in Pharmaceutical Advertisements,’’ required to publish notice in the Lane, Rm. 1061, Rockville, MD 20852. Canadian Medical Association Journal, Federal Register concerning each • vol. 172(4), pp. 487–491. For written/paper comments proposed collection of information, submitted to the Dockets Management 13. Jureidini, J.N., L.B. McHenry, and P.R. including each proposed extension of an Mansfield (2008). ‘‘Clinical Trials and Staff, FDA will post your comment, as Drug Promotion: Selective Reporting of existing collection of information, and well as any attachments, except for Study 329,’’ International Journal of Risk to allow 60 days for public comment in information submitted, marked and & Safety in Medicine, vol. 20(1–2), pp. response to the notice. This notice identified, as confidential, if submitted 73–81. solicits comments on reporting as detailed in ‘‘Instructions.’’ 14. Garcia-Retamero, R. and M. Galesic requirements for firms that intend to Instructions: All submissions received (2010). ‘‘Who Profits From Visual Aids: export certain unapproved medical must include the Docket No. FDA– Overcoming Challenges in People’s devices. Understanding of Risks,’’ Social Science 2013–N–0370 for ‘‘Export of Medical & Medicine, vol. 70(7), pp. 1019–1025. DATES: Submit either electronic or Devices; Foreign Letters of Approval.’’ 15. Cooper, R.J., D.L. Schriger, R.C. Wallace, written comments on the collection of Received comments, those filed in a et al. (2003). ‘‘The Quantity and Quality information by May 10, 2019. timely manner (see ADDRESSES), will be of Scientific Graphs in Pharmaceutical ADDRESSES: You may submit comments placed in the docket and, except for Advertisements,’’ Journal of General as follows. Please note that late, those submitted as ‘‘Confidential Internal Medicine, vol. 18(4), pp. 294– Submissions,’’ publicly viewable at 297. untimely filed comments will not be 16. Sah, S. and A. Fugh-Berman (2013). considered. Electronic comments must https://www.regulations.gov or at the ‘‘Physicians Under the Influence: Social be submitted on or before May 10, 2019. Dockets Management Staff between 9 Psychology and Industry Marketing The https://www.regulations.gov a.m. and 4 p.m., Monday through Strategies,’’ The Journal of Law, electronic filing system will accept Friday. • Medicine & Ethics, vol. 41(3), pp. 665– comments until 11:59 p.m. Eastern Time Confidential Submissions—To 672. doi: 10.1111/jlme.12076. at the end of May 10, 2019. Comments submit a comment with confidential 17. Carroll, A.E., R.C. Vreeman, J. received by mail/hand delivery/courier information that you do not wish to be Buddenbaum, et al. (2007). ‘‘To What made publicly available, submit your Extent Do Educational Interventions (for written/paper submissions) will be Impact Medical Trainees’ Attitudes and considered timely if they are comments only as a written/paper Behaviors Regarding Industry Trainee postmarked or the delivery service submission. You should submit two and Industry-Physician Relationships?’’ acceptance receipt is on or before that copies total. One copy will include the Pediatrics, 120, e1528-e1535. date. information you claim to be confidential doi:10.1542/peds.2007–0363. with a heading or cover note that states 18. Crigger, N., K. Barnes, A. Junko, et al. Electronic Submissions ‘‘THIS DOCUMENT CONTAINS (2009). ‘‘Nurse Practitioners’ Perceptions Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The and Participation in Pharmaceutical following way: Agency will review this copy, including Marketing,’’ Journal of Advanced • Nursing, 65, 525–533. doi: 10.1111/ Federal eRulemaking Portal: the claimed confidential information, in j.1365–2648.2008.04911.x. https://www.regulations.gov. Follow the its consideration of comments. The instructions for submitting comments. second copy, which will have the Dated: March 5, 2019. Comments submitted electronically, claimed confidential information Lowell J. Schiller, including attachments, to https:// redacted/blacked out, will be available Acting Associate Commissioner for Policy. www.regulations.gov will be posted to for public viewing and posted on [FR Doc. 2019–04307 Filed 3–8–19; 8:45 am] the docket unchanged. Because your https://www.regulations.gov. Submit BILLING CODE 4164–01–P comment will be made public, you are both copies to the Dockets Management solely responsible for ensuring that your Staff. If you do not wish your name and comment does not include any contact information to be made publicly DEPARTMENT OF HEALTH AND confidential information that you or a available, you can provide this HUMAN SERVICES third party may not wish to be posted, information on the cover sheet and not such as medical information, your or in the body of your comments and you Food and Drug Administration anyone else’s Social Security number, or must identify this information as [Docket No. FDA–2013–N–0370] confidential business information, such ‘‘confidential.’’ Any information marked as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed Agency Information Collection that if you include your name, contact except in accordance with 21 CFR 10.20 Activities; Proposed Collection; information, or other information that and other applicable disclosure law. For Comment Request; Agency identifies you in the body of your more information about FDA’s posting Information Collection Activities; comments, that information will be of comments to public dockets, see 80 Submission for Office of Management posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access and Budget Review; Comment • If you want to submit a comment the information at: https://www.gpo.gov/ Request; Export of Medical Devices; with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- Foreign Letters of Approval do not wish to be made available to the 23389.pdf. AGENCY: Food and Drug Administration, public, submit the comment as a Docket: For access to the docket to HHS. written/paper submission and in the read background documents or the manner detailed (see ‘‘Written/Paper electronic and written/paper comments ACTION: Notice. Submissions’’ and ‘‘Instructions’’). received, go to https://

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www.regulations.gov and insert the requirement, FDA is publishing notice intended for export. Requesters docket number, found in brackets in the of the proposed collection of communicate (either directly or through heading of this document, into the information set forth in this document. a business associate in the foreign ‘‘Search’’ box and follow the prompts With respect to the following country) with a representative of the and/or go to the Dockets Management collection of information, FDA invites foreign government to which they seek Staff, 5630 Fishers Lane, Rm. 1061, comments on these topics: (1) Whether exportation, and written authorization Rockville, MD 20852. the proposed collection of information must be obtained from the appropriate is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: office within the foreign government of FDA’s functions, including whether Amber Sanford, Office of Operations, approving the importation of the the information will have practical Food and Drug Administration, Three medical device. An alternative to utility; (2) the accuracy of FDA’s White Flint North, 10A–12M, 11601 obtaining written authorization from the estimate of the burden of the proposed Landsdown St., North Bethesda, MD foreign government is to accept a collection of information, including the notarized certification from a 20852, 301–796–8867, PRAStaff@ validity of the methodology and responsible company official in the fda.hhs.gov. assumptions used; (3) ways to enhance United States that the product is not in the quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: Under the conflict with the foreign country’s laws. PRA (44 U.S.C. 3501–3520), Federal information to be collected; and (4) ways to minimize the burden of the This certification must include a Agencies must obtain approval from the statement acknowledging that the Office of Management and Budget collection of information on responsible company official making the (OMB) for each collection of respondents, including through the use certification is subject to the provisions information they conduct or sponsor. of automated collection techniques, of 18 U.S.C. 1001. This statutory ‘‘Collection of information’’ is defined when appropriate, and other forms of provision makes it a criminal offense to in 44 U.S.C. 3502(3) and 5 CFR information technology. knowingly and willingly make a false or 1320.3(c) and includes Agency requests Export of Medical Devices; Foreign fraudulent statement, or make or use a or requirements that members of the Letters of Approval public submit reports, keep records, or false document, in any manner within provide information to a third party. OMB Control Number 0910–0264— the jurisdiction of a department or Section 3506(c)(2)(A) of the PRA (44 Extension Agency of the United States. The respondents to this collection of U.S.C. 3506(c)(2)(A)) requires Federal Section 801(e)(2) of the Federal Food, Agencies to provide a 60-day notice in Drug, and Cosmetic Act (FD&C Act) (21 information are companies that seek to the Federal Register concerning each U.S.C. 381(e)(2)) provides for the export medical devices. FDA’s estimate proposed collection of information, exportation of an unapproved device of the reporting burden is based on the including each proposed extension of an under certain circumstances if the experience of FDA’s medical device existing collection of information, exportation is not contrary to the public program personnel. before submitting the collection to OMB health and safety and it has the approval FDA estimates the burden of this for approval. To comply with this of the foreign country to which it is collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Foreign letter of approval—801(e)(2) ...... 33 1 33 3 99 $8,250 1 There are no capital costs associated with this collection of information.

We have adjusted our burden estimate DEPARTMENT OF HEALTH AND approval of naloxone drug products that by decreasing the number of HUMAN SERVICES can be obtained without a prescription. respondents by 5, which has resulted in FOR FURTHER INFORMATION CONTACT: a corresponding decrease of 15 hours to Food and Drug Administration Sherry Stewart, Center for Drug the currently approved hour burden and Evaluation and Research, Food and $1,250 to the total operating and [Docket No. FDA–2019–N–0299] Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 5494, maintenance costs. This adjustment is Nonprescription Naloxone Labeling Silver Spring, MD 20993–0002, 301– based on a decrease in the number of Resources; Availability submissions we received over the last 796–9618. few years. AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: HHS. Dated: March 5, 2019. I. Background ACTION: Notice. Lowell J. Schiller, The increasing incidence of misuse Acting Associate Commissioner for Policy. SUMMARY: The Food and Drug and abuse of illicit and prescription [FR Doc. 2019–04283 Filed 3–8–19; 8:45 am] Administration (FDA or Agency) is opioids and the associated risks of BILLING CODE 4164–01–P announcing the availability of a model addiction, overdose, and death have Drug Facts label (DFL) for resulted in a public health crisis in the nonprescription naloxone. Naloxone is a United States. Opioid overdose is drug used to treat opioid overdose. FDA characterized by life-threatening is making the DFL and supporting data respiratory and central nervous system available for use by applicants seeking depression that, if not immediately

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treated, may lead to significant the overall DFL. The model DFL comes SUPPLEMENTARY INFORMATION: HHS morbidity and mortality. When in two versions (one for use with a nasal periodically publishes in the Federal administered quickly after an opioid spray and one for use with an injector), Register low-income levels to be used overdose, naloxone, an opioid but the device-specific instructions in by institutions receiving grants and antagonist, can save lives. Naloxone is each version are placeholders that have cooperative agreements to determine currently approved as a prescription not been tested for comprehension or eligibility for programs providing drug, but it is not approved for human factors performance, and training for (1) disadvantaged nonprescription use. As part of a wide sponsors will need to replace these individuals, (2) individuals from governmental effort to address the placeholders with their own device- disadvantaged backgrounds, or (3) national crisis of opioid overdose specific information and retest it individuals from low-income families. deaths, the Agency has identified appropriately. Many health professions and nursing broader availability of naloxone, FDA strongly encourages sponsors of grant and cooperative agreement including potential nonprescription potential nonprescription naloxone drug awardees use the low-income levels to availability, as one means to help products to request a meeting to discuss determine whether potential program reduce overdose deaths. their development program with the participants are from an economically To support approval of a drug for Division of Nonprescription Drug disadvantaged background and would nonprescription use, the sponsor of the Products. For information on sponsor be eligible to participate in the program, drug product typically (among other meetings with FDA, sponsors can refer as well as to determine the amount of things) conducts one or more consumer to the draft guidance for industry funding the individual receives. Awards behavior studies to demonstrate that ‘‘Formal Meetings Between the FDA and are generally made to accredited schools consumers would be able to use the Sponsors or Applicants of PDUFA of allopathic medicine, osteopathic drug product safely and effectively in Products’’ at https://www.fda.gov/ucm/ medicine, public health, dentistry, the nonprescription setting without the groups/fdagov-public/@fdagov-drugs- veterinary medicine, optometry, supervision of a healthcare professional. gen/documents/document/ pharmacy, allied health, podiatric Some stakeholders have identified the ucm590547.pdf. medicine, nursing, and chiropractic; need to perform these studies as a public or private nonprofit schools, barrier to development of a II. Electronic Access which offer graduate programs in nonprescription naloxone drug product. Persons with access to the internet behavioral health and mental health To help address this concern, FDA may obtain the model DFLs at https:// practice; and other public or private developed a model DFL for a potential www.fda.gov/downloads/Drugs/ nonprofit health or education entities to nonprescription naloxone drug product. DrugSafety/PostmarketDrugSafety assist the disadvantaged to enter and The model DFL is intended to contain InformationforPatientsandProviders/ graduate from health professions and adequate information (except for UCM629320.pdf and https:// nursing schools. Some programs individual device-specific information, www.fda.gov/downloads/Drugs/ provide for the repayment of health such as how to use a particular injector DrugSafety/PostmarketDrugSafety professions or nursing education loans or spray device, which would be added InformationforPatientsandProviders/ for disadvantaged students. by the product sponsor) that a consumer UCM629321.pdf. A ‘‘low-income family/household’’ for would need to administer naloxone programs included in Titles III, VII, and Dated: March 6, 2019. safely and effectively for its intended VIII of the Public Health Service Act is use in the nonprescription setting. Lowell J. Schiller, defined as having an annual income that Consumer comprehension of the model Acting Associate Commissioner for Policy. does not exceed 200 percent of the DFL has been iteratively tested by an [FR Doc. 2019–04357 Filed 3–8–19; 8:45 am] Department’s poverty guidelines. A independent research contractor in a BILLING CODE 4164–01–P family is a group of two or more prespecified research design involving individuals related by birth, marriage, or over 700 participants across a wide adoption who live together. range of potential nonprescription DEPARTMENT OF HEALTH AND Most HRSA programs use the income naloxone users. These participants HUMAN SERVICES of a student’s parents to compute low- included people who use heroin, people income status. However, a ‘‘household’’ who use prescription opioids, family Health Resources and Services may potentially be only one person. and friends of people who use opioids, Administration Other HRSA programs, depending upon adolescents, and members of the general the legislative intent of the program, the ‘‘Low-Income Levels’’ Used for Various programmatic purpose related to income public. Health Professions and Nursing After completion of the label level, as well as the age and Programs Authorized in the Public comprehension study, an FDA review circumstances of the participant, will Health Service Act team that was not involved in the design apply these low-income standards to the or conduct of the study reviewed the AGENCY: Health Resources and Services individual student to determine study report and determined that the Administration (HRSA), Department of eligibility, as long as he or she is not comprehension results are adequate. Health and Human Services (HHS). listed as a dependent on the tax form of FDA has determined that the model DFL ACTION: Notice. his or her parent(s). Each program can be made publicly available so that announces the rationale and choice of sponsors who wish to pursue SUMMARY: HRSA is updating income methodology for determining low- development of a nonprescription levels used to identify a ‘‘low-income income levels in program guidance. naloxone product can use the model family’’ for the purpose of determining Low-income levels are adjusted DFL in their development program. A eligibility for programs that provide annually based on HHS’ poverty sponsor would need to add its device- health professions and nursing training guidelines. HHS’ poverty guidelines are specific information to the model DFL to individuals from disadvantaged based on poverty thresholds published and retest that information to backgrounds. These various programs by the U.S. Census Bureau, adjusted demonstrate that consumers understand are authorized in Titles III, VII, and VIII annually for changes in the Consumer the information within the context of of the Public Health Service Act. Price Index. The income figures below

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have been updated to reflect the Puerto Rico or other outlying Bacteria, Office of the Assistant Department’s 2019 poverty guidelines as jurisdictions. Puerto Rico and other Secretary for Health, U.S. Department of published in 84 FR 1167 (February 1, outlying jurisdictions shall use income Health and Human Services, Room 2019). guidelines for the 48 Contiguous States L133, Switzer Building, 330 C. St. SW, and the District of Columbia. Washington, DC 20201. Phone: (202) LOW-INCOME LEVELS BASED ON THE Dated: March 4, 2019. 690–5566; email: [email protected]. 2019 POVERTY GUIDELINES FOR THE George Sigounas, SUPPLEMENTARY INFORMATION: Under 48 CONTIGUOUS STATES AND THE Administrator. Executive Order 13676, dated DISTRICT OF COLUMBIA [FR Doc. 2019–04407 Filed 3–8–19; 8:45 am] September 18, 2014, authority was given to the Secretary of HHS to establish the BILLING CODE 4165–15–P Persons in family/house- Income Level ** Advisory Council, in consultation with hold * the Secretaries of Defense and Agriculture. Activities of the Advisory 1 ...... $24,980 DEPARTMENT OF HEALTH AND 2 ...... 33,820 HUMAN SERVICES Council are governed by the provisions 3 ...... 42,660 of Public Law 92–463, as amended (5 4 ...... 51,500 Meeting of the Presidential Advisory U.S.C. App.), which sets forth standards 5 ...... 60,340 Council on Combating Antibiotic- for the formation and use of federal 6 ...... 69,180 Resistant Bacteria advisory committees. 7 ...... 78,020 The Advisory Council will provide 8 ...... 86,860 AGENCY: Department of Health and advice, information, and Human Services, Office of the Secretary, For families with more than 8 persons, add recommendations to the Secretary of $8,840 for each additional person. Office of the Assistant Secretary for HHS regarding programs and policies Health. intended to support and evaluate the LOW-INCOME LEVELS BASED ON THE ACTION: Notice. implementation of Executive Order 2019 POVERTY GUIDELINES FOR 13676, including the National Strategy SUMMARY: As stipulated by the Federal for Combating Antibiotic-Resistant ALASKA Advisory Committee Act, the Bacteria and the National Action Plan Department of Health and Human Persons in family/house- for Combating Antibiotic-Resistant Income Level ** Services (HHS) is hereby giving notice hold * Bacteria. The Advisory Council shall that a meeting is scheduled to be held function solely for advisory purposes. 1 ...... $31,200 on April 8, 2019, for the Presidential In carrying out its mission, the 2 ...... 42,260 Advisory Council on Combating Advisory Council will provide advice, 3 ...... 53,320 Antibiotic-Resistant Bacteria (Advisory information, and recommendations to 4 ...... 64,380 Council). The meeting will be open to the Secretary regarding programs and 5 ...... 75,440 the public via teleconference. Pre- 6 ...... 86,500 policies intended to preserve the registration is required for members of 7 ...... 97,560 effectiveness of antibiotics by the public who wish to attend the 8 ...... 108,620 optimizing their use; advance research meeting via teleconference. Individuals to develop improved methods for For families with more than 8 persons, add who wish to send in their public combating antibiotic resistance and $11,060 for each additional person. comments should send an email to conducting antibiotic stewardship; [email protected]. Registration strengthen surveillance of antibiotic- LOW-INCOME LEVELS BASED ON THE information is available on the website resistant bacterial infections; prevent 2019 POVERTY GUIDELINES FOR HA- http://www.hhs.gov/ash/carb/ and must the transmission of antibiotic-resistant WAII be completed by April 2, 2019. bacterial infections; advance the Additional information about registering development of rapid point-of-care and Persons in family/house- for the meeting and providing public hold * Income Level ** agricultural diagnostics; further research comments can be obtained at http:// on new treatments for bacterial www.hhs.gov/ash/carb/ on the Meetings 1 ...... $28,760 infections; develop alternatives to page. 2 ...... 38,920 antibiotics for agricultural purposes; 3 ...... 49,080 DATES: The meeting is scheduled to be maximize the dissemination of up-to- 4 ...... 59,240 held on April 8, 2019, from 12:00 p.m. 5 ...... 69,400 date information on the appropriate and to 2:00 p.m. ET (times are tentative and proper use of antibiotics to the general 6 ...... 79,560 subject to change). The confirmed times 7 ...... 89,720 public and human and animal 8 ...... 99,880 and agenda items for the meeting will be healthcare providers; and improve posted on the website for the Advisory international coordination of efforts to For families with more than 8 persons, add Council at http://www.hhs.gov/ash/ combat antibiotic resistance. $10,160 for each additional person. carb/ when this information becomes * Includes only dependents listed on federal The public meeting will be dedicated income tax forms. available. Pre-registration for attending to deliberation and vote of the report ** Adjusted gross income for calendar year the meeting is required to be completed with recommendation from the 2018. no later than April 2, 2019. Immediate Action Subcommittee of the Separate poverty guidelines figures ADDRESSES: Instructions regarding Advisory Council. The meeting agenda for Alaska and Hawaii reflect Office of attending this meeting virtually will be will be posted on the Advisory Council Economic Opportunity administrative posted one week prior to the meeting at: website at http://www.hhs.gov/ash/ practice beginning in the 1966–1970 http://www.hhs.gov/ash/carb/. carb/ when it has been finalized. All period since the U.S. Census Bureau FOR FURTHER INFORMATION CONTACT: agenda items are tentative and subject to poverty thresholds do not have separate Jomana Musmar, Designated Federal change. figures for Alaska and Hawaii. The Officer, Presidential Advisory Council Instructions regarding attending this poverty guidelines are not defined for on Combating Antibiotic-Resistant meeting virtually will be posted one

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week prior to the meeting at: http:// ACTION: Notice. enhance the quality, utility, and clarity www.hhs.gov/ash/carb/. of the information to be collected; and Members of the public will have the SUMMARY: In compliance with the (4) the use of automated collection opportunity to provide comments prior requirement of the Paperwork techniques or other forms of information to the Advisory Council meeting by Reduction Act of 1995, the Office of the technology to minimize the information emailing [email protected]. Public Secretary (OS), Department of Health collection burden. comments should be sent in by and Human Services, is publishing the midnight April 2, 2019, and should be following summary of a proposed Title of the Collection: The SF–424 limited to no more than one page. All collection for public comment. Mandatory Form. public comments received prior to April DATES: Comments on the ICR must be Type of Collection: Reinstatement 2, 2019, will be provided to Advisory received on or before May 10, 2019. without change. Council members and will be ADDRESSES: Submit your comments to OMB No. 4040–0002. acknowledged during the public [email protected] or by calling teleconference. Abstract: The SF–424 Mandatory (202) 795–7714. Form provides the Federal grant-making Dated: February 26, 2019. FOR FURTHER INFORMATION CONTACT: agencies an alternative to the Standard Jomana F. Musmar, When submitting comments or Form 424 data set and form. Agencies Designated Federal Officer, Presidential requesting information, please include may use the SF–424 Mandatory Form Advisory Council on Combating Antibiotic- the document identifier 4040–0002–60D Resistant Bacteria, Committee Manager. for grant programs not required to and project title for reference., to [FR Doc. 2019–04404 Filed 3–8–19; 8:45 am] collect all the data that is required on [email protected], or call the the SF–424 core data set and form. BILLING CODE 4150–44–P Reports Clearance Officer. Type of respondent: The SF–424 SUPPLEMENTARY INFORMATION: Interested Mandatory form is used by persons are invited to send comments DEPARTMENT OF HEALTH AND organizations to apply for Federal regarding this burden estimate or any HUMAN SERVICES financial assistance in the form of other aspect of this collection of [Document Identifier 4040–0002] information, including any of the grants. These forms are submitted to the following subjects: (1) The necessity and Federal grant-making agencies for Agency Information Collection evaluation and review. Request. 60-Day Public Comment utility of the proposed information Request collection for the proper performance of the agency’s functions; (2) the accuracy AGENCY: Office of the Secretary, HHS. of the estimated burden; (3) ways to

ANNUALIZED BURDEN HOUR TABLE

Number of Average Forms Respondents Number of responses per burden per Total (if necessary) respondents respondents response burden hours

SF–424 Mandatory ...... Grant applicants ...... 5761 1 1 5761

Total ...... 5761 1 1 5761

Dated: March 5, 2019. Tissue Safety and Availability SUPPLEMENTARY INFORMATION: The Terry Clark, (ACBTSA) will hold a meeting. The ACBTSA provides advice to the Assistant Information Collection Clearance meeting will be open to the public. Secretary through the Assistant Officer. Secretary for Health. The Committee DATES: The meeting will take place [FR Doc. 2019–04288 Filed 3–8–19; 8:45 am] advises on a range of policy issues to Monday, April 15, 2019, from 8:00 a.m.– BILLING CODE 4151–AE–P include: (1) Identification of public 4:30 p.m. and Tuesday, April 16, 2019, health issues through surveillance of from 8:30 a.m.–4:00 p.m. blood and tissue safety issues with DEPARTMENT OF HEALTH AND ADDRESSES: U.S. Department of Health & national survey and data tools; (2) HUMAN SERVICES Human Services, Hubert H. Humphrey identification of public health issues Building, (Conference Room 800), 200 that affect availability of blood, blood Meeting of the Advisory Committee on Independence Ave. SW, Washington, products, and tissues; (3) broad public Blood and Tissue Safety and health, ethical, and legal issues related Availability DC 20201. to the safety of blood, blood products, FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: Department of Health and and tissues; (4) the impact of various James Berger, Designated Federal Officer Human Services, Office of the Secretary, economic factors (e.g., product cost and Office of the Assistant Secretary for for the ACBTSA, Senior Advisor for supply) on safety and availability of Health. Blood and Tissue Policy, Office of the blood, blood products, and tissues; (5) Assistant Secretary for Health, ACTION: Notice. risk communications related to blood Department of Health and Human transfusion and tissue transplantation; SUMMARY: As stipulated by the Federal Services, Mary E. Switzer Building, 330 and (6) identification of infectious Advisory Committee Act, the U.S. C Street SW, Suite L100, Washington, disease transmission issues for blood, Department of Health and Human DC 20024. Phone: (202) 795–7697; Fax: organs, blood stem cells and tissues. Services is hereby giving notice that the (202) 691–2102; Email: ACBTSA@ The Committee has met regularly since Advisory Committee on Blood and hhs.gov. its establishment in 1997.

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In 2013, updates were made to the Health and Human Services, Office of Considerations. This will be followed by original 1994 Public Health Service the Secretary. a discussion of implementation issues Guidelines on Reducing HIV, HBV, and ACTION: Notice. experienced to date regarding the newly HCV through Organ Transplantation effective revised Common Rule. The (‘‘PHS Guidelines’’). Public and private- SUMMARY: Pursuant to Section 10(a) of afternoon will conclude with a sector stakeholders in organ the Federal Advisory Committee Act, discussion of questions newly posed to transplantation are now seeking to U.S.C. Appendix 2, notice is hereby SACHRP regarding Deceased Donor explore potential important updates to given that the Secretary’s Advisory Intervention Research (DDIR), with a the PHS Guidelines in order to maintain Committee on Human Research particular focus on recipient informed accordance with current health sector Protections (SACHRP) will hold a consent. There will be a panel circumstances. meeting that will be open to the public. presentations from leading experts in The Committee will meet on April Information about SACHRP and the full the field of DDIR, followed by SACHRP 15–16, 2019 to receive presentations meeting agenda will be posted on the discussion. The meeting is scheduled to from various public and private sector SACHRP website at: http:// end at approximately 4:00 p.m. stakeholders and to listen to public www.dhhs.gov/ohrp/sachrp-committee/ The meeting will begin at 8:30 a.m. on comments regarding the PHS meetings/index.html. Thursday, March 28th. The SAS Guidelines. The Committee will explore DATES: The meeting will be held on subcommittee will present and discuss important questions to consider as the Wednesday, March 27, 2019, from 8:30 draft recommendations regarding PHS Guidelines are examined for any a.m. until 4:00 p.m., and Thursday, charging subjects to participate in such necessary updates. Finally, the March 28, 2019, from 8:30 a.m. until clinical trials. Additional time is Committee will discuss and develop 3:00 p.m. reserved for emerging topics and appropriate recommendations for HHS ADDRESSES: 6700B Rockledge Drive, continuing the previous day’s consideration. Additional topics that are Bethesda, MD 20817. discussions. The meeting will adjourn at pertinent to the mission of the FOR FURTHER INFORMATION CONTACT: Julia approximately 3:00 p.m. Committee may be added to the agenda. Gorey, J.D., Executive Director, Time will be allotted for public The public will have an opportunity SACHRP; U.S. Department of Health comment on both days. On-site to present their views to the Committee and Human Services, 1101 Wootton registration is required for participation during public comment sessions Parkway, Suite 200, Rockville, in the live public comment session. scheduled for the second day of the Maryland 20852; telephone: 240–453– Note that public comment must be meeting. Comments will be limited to 8141; fax: 240–453–6909; email address: relevant to topics currently being five minutes per speaker and must be [email protected]. addressed by SACHRP. Individuals submitting written statements as public pertinent to the discussion. Pre- SUPPLEMENTARY INFORMATION: Under the registration is required for participation comment should email or fax their authority of 42 U.S.C. 217a, Section 222 comments to SACHRP at SACHRP@ in the public comment session. Any of the Public Health Service Act, as member of the public who would like to hhs.gov at least five business days prior amended, SACHRP was established to to the meeting. participate in this session is required to provide expert advice and submit their name, email, and comment Public attendance at the meeting is recommendations to the Secretary of limited to space available. Individuals summary prior to close of business on Health and Human Services, through April 8, 2019. If it is not possible to who plan to attend and need special the Assistant Secretary for Health, on assistance, such as sign language provide 30 copies of the material to be issues and topics pertaining to or distributed at the meeting, then interpretation or other reasonable associated with the protection of human accommodations, should notify one of individuals are requested to provide a research subjects. minimum of one (1) copy of the the designated SACHRP points of The Subpart A Subcommittee (SAS) contact at the address/phone number document(s) to be distributed prior to was established by SACHRP in October the close of business on April 8, 2019. listed above at least one week prior to 2006 and is charged with developing the meeting. It is also requested that any member of recommendations for consideration by the public who wishes to provide SACHRP regarding the application of Dated: February 26, 2019. comments to the Committee utilizing subpart A of 45 CFR part 46 in the Julia G. Gorey, J.D., electronic data projection submit the current research environment. Executive Director, Secretary’s Advisory necessary material to the Designated The Subcommittee on Harmonization Committee on Human Research Protections. Federal Officer prior to the close of (SOH) was established by SACHRP at its [FR Doc. 2019–04406 Filed 3–8–19; 8:45 am] business on April 8, 2019. July 2009 meeting and charged with BILLING CODE 4150–36–P Dated: February 26, 2019. identifying and prioritizing areas in James J. Berger, which regulations and/or guidelines for DEPARTMENT OF HEALTH AND Senior Advisor for Blood and Tissue Policy. human subjects research adopted by various agencies or offices within HHS HUMAN SERVICES [FR Doc. 2019–04408 Filed 3–8–19; 8:45 am] would benefit from harmonization, BILLING CODE 4150–41–P consistency, clarity, simplification and/ National Institutes of Health or coordination. National Institute of Diabetes and The SACHRP meeting will open to the DEPARTMENT OF HEALTH AND Digestive and Kidney Diseases; Notice public at 8:30 a.m., on Wednesday, HUMAN SERVICES of Closed Meeting March 27, 2019, followed by opening Meeting of the Secretary’s Advisory remarks from Dr. Jerry Menikoff, Pursuant to section 10(d) of the Committee on Human Research Director of OHRP and Dr. Stephen Federal Advisory Committee Act, as Protections Rosenfeld, SACHRP Chair. amended, notice is hereby given of the The SAS subcommittee will present following meeting. AGENCY: Office of the Assistant their revised recommendation on The meeting will be closed to the Secretary for Health, Department of Subject Payment: Ethical and Regulatory public in accordance with the

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provisions set forth in sections Name of Committee: National Institute of DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diabetes and Digestive and Kidney Diseases HUMAN SERVICES as amended. The grant applications and Special Emphasis Panel; NIDDK Childhood the discussions could disclose Liver Diseases Research Network Review. National Institutes of Health confidential trade secrets or commercial Date: March 28, 2019. property such as patentable material, Time: 11:00 a.m. to 3:00 p.m. National Institute of Diabetes and and personal information concerning Agenda: To review and evaluate grant Digestive and Kidney Diseases; Notice individuals associated with the grant applications. of Closed Meetings applications, the disclosure of which Place: National Institutes of Health, Two would constitute a clearly unwarranted Democracy Plaza, 6707 Democracy Pursuant to section 10(d) of the invasion of personal privacy. Boulevard, Bethesda, MD 20892 (Telephone Federal Advisory Committee Act, as Conference Call). amended, notice is hereby given of the Name of Committee: National Institute of Contact Person: Jian Yang, Ph.D., Scientific following meetings. Diabetes and Digestive and Kidney Diseases Review Officer, Review Branch, DEA, Special Emphasis Panel; Limited NIDDK, National Institutes of Health, Room The meetings will be closed to the Competition Multidisciplinary Approach to 7111, 6707 Democracy Boulevard, Bethesda, public in accordance with the Pelvic Pain Applications. Date: March 27, 2019. MD 20892–5452, (301) 594–7799, yangj@ provisions set forth in sections Time: 11:00 a.m. to 3:00 p.m. extra.niddk.nih.gov. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Name of Committee: National Institute of as amended. The grant applications and applications. Diabetes and Digestive and Kidney Diseases the discussions could disclose Place: National Institutes of Health, Two Special Emphasis Panel; NIDDK Ancillary confidential trade secrets or commercial Democracy Plaza, 6707 Democracy Studies. property such as patentable material, Boulevard, Bethesda, MD 20892, (Telephone Date: March 28, 2019. Conference Call). and personal information concerning Time: 12:00 p.m. to 1:30 p.m. Contact Person: Ryan G. Morris, Ph.D., individuals associated with the grant Scientific Review Officer, Review Branch, Agenda: To review and evaluate grant applications, the disclosure of which DEA, NIDDK, National Institutes of Health, applications. would constitute a clearly unwarranted Place: National Institutes of Health, Two Room 7015, 6707 Democracy Boulevard, invasion of personal privacy. Bethesda, MD 20892–2542, 301–594–4721, Democracy Plaza, 6707 Democracy [email protected]. Boulevard, Bethesda, MD 20892 (Telephone Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Conference Call). Diabetes and Digestive and Kidney Diseases Program Nos. 93.847, Diabetes, Contact Person: Elena Sanovich, Ph.D., Special Emphasis Panel, Silvio O’ Conte Endocrinology and Metabolic Research; Scientific Review Officer, Review Branch, Digestive Diseases Research Core Centers. 93.848, Digestive Diseases and Nutrition DEA, NIDDK, National Institutes of Health, Date: March 28–29, 2019. Research; 93.849, Kidney Diseases, Urology Room 7351, 6707 Democracy Boulevard, Time: 8:00 a.m. to 12:00 p.m. and Hematology Research, National Institutes Bethesda, MD 20892–2542, 301–594–8886, Agenda: To review and evaluate grant of Health, HHS) [email protected]. applications. Dated: March 6, 2019. Name of Committee: National Institute of Place: Residence Inn Bethesda, 7335 Melanie J. Pantoja, Diabetes and Digestive and Kidney Diseases Wisconsin Avenue, Bethesda, MD 20814. Program Analyst, Office of Federal Advisory Special Emphasis Panel; RFA–DK–18–005: Contact Person: Thomas A. Tatham, Ph.D., Committee Policy. Mechanisms Underlying the Contribution of Scientific Review Officer, Review Branch, [FR Doc. 2019–04354 Filed 3–8–19; 8:45 am] Type 1 Diabetes Disease-associated Variants DEA, NIDDK, National Institutes of Health, Room 7021, 6707 Democracy Boulevard, BILLING CODE 4140–01–P (R01). Date: April 17, 2019. Bethesda, MD 20892–5452, (301) 594–3993, Time: 11:00 a.m. to 4:00 p.m. [email protected]. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Name of Committee: National Institute of HUMAN SERVICES applications. Diabetes and Digestive and Kidney Diseases Place: National Institutes of Health, Two Special Emphasis Panel, NIDDK Exploratory National Institutes of Health Democracy Plaza, 6707 Democracy Clinical Trials for Small Business. Boulevard, Bethesda, MD 20892 (Telephone Date: April 2, 2019. National Institute of Diabetes and Conference Call). Time: 1:00 p.m. to 3:00 p.m. Digestive and Kidney Diseases; Notice Contact Person: Ann A. Jerkins, Ph.D., Agenda: To review and evaluate grant of Closed Meetings Scientific Review Officer, Review Branch, applications. DEA, NIDDK, National Institutes of Health, Pursuant to section 10(d) of the Place: National Institutes of Health, Two Room 7119, 6707 Democracy Boulevard, Democracy Plaza, 6707 Democracy Federal Advisory Committee Act, as Bethesda, MD 20892–5452, 301–594–2242, Boulevard, Bethesda, MD 20892 (Telephone amended, notice is hereby given of the [email protected]. Conference Call). following meetings. (Catalogue of Federal Domestic Assistance The meetings will be closed to the Contact Person: Thomas A. Tatham, Ph.D., Program Nos. 93.847, Diabetes, Scientific Review Officer, Review Branch, public in accordance with the Endocrinology and Metabolic Research; provisions set forth in sections DEA, NIDDK, National Institutes of Health, 93.848, Digestive Diseases and Nutrition Room 7021, 6707 Democracy Boulevard, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Research; 93.849, Kidney Diseases, Urology as amended. The grant applications and Bethesda, MD 20892–5452, (301) 594–3993, and Hematology Research, National Institutes [email protected]. the discussions could disclose of Health, HHS) confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Dated: March 6, 2019. property such as patentable material, Program Nos. 93.847, Diabetes, and personal information concerning Melanie J. Pantoja, Endocrinology and Metabolic Research; individuals associated with the grant Program Analyst, Office of Federal Advisory 93.848, Digestive Diseases and Nutrition applications, the disclosure of which Committee Policy. Research; 93.849, Kidney Diseases, Urology would constitute a clearly unwarranted [FR Doc. 2019–04365 Filed 3–8–19; 8:45 am] and Hematology Research, National Institutes of Health, HHS) invasion of personal privacy. BILLING CODE 4140–01–P

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Dated: March 6, 2019. provided here is solely for questions under Customs seal. A certification of Melanie J. Pantoja, regarding this notice. Individuals compliance facilitates the movement of Program Analyst, Office of Federal Advisory seeking information about other CBP containers and road vehicles across Committee Policy. programs should contact the CBP international territories. The procedures [FR Doc. 2019–04353 Filed 3–8–19; 8:45 am] National Customer Service Center at for obtaining a certification of a BILLING CODE 4140–01–P 877–227–5511, (TTY) 1–800–877–8339, container or vehicle are set forth in 19 or CBP website at CFR part 115. https://www.cbp.gov/. Estimated Number of Respondents: DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: CBP 25. SECURITY invites the general public and other Estimated Number of Annual Federal agencies to comment on the Responses per Respondent: 120. U.S. Customs and Border Protection proposed and/or continuing information Estimated Number of Total Annual collections pursuant to the Paperwork Responses: 3,000. [1651–0124] Reduction Act of 1995 (44 U.S.C. 3501 Estimated Time per Response: 3.5 Agency Information Collection et seq.). This process is conducted in hours. Activities: Cargo Container and Road accordance with 5 CFR 1320.8. Written Estimated Total Annual Burden Vehicle Certification for Transport comments and suggestions from the Hours: 10,500. Under Customs Seal public and affected agencies should Dated: February 27, 2019. address one or more of the following Seth D. Renkema, AGENCY: U.S. Customs and Border four points: (1) Whether the proposed Branch Chief, Economic Impact Analysis Protection (CBP), Department of collection of information is necessary Branch, U.S. Customs and Border Protection. Homeland Security. for the proper performance of the [FR Doc. 2019–03791 Filed 3–8–19; 8:45 am] ACTION: 60-Day notice and request for functions of the agency, including BILLING CODE 9111–14–P comments; extension of an existing whether the information will have collection of information. practical utility; (2) the accuracy of the agency’s estimate of the burden of the DEPARTMENT OF HOMELAND SUMMARY: The Department of Homeland proposed collection of information, SECURITY Security, U.S. Customs and Border including the validity of the Protection will be submitting the methodology and assumptions used; (3) U.S. Customs and Border Protection following information collection request suggestions to enhance the quality, to the Office of Management and Budget utility, and clarity of the information to [1651–0052] (OMB) for review and approval in be collected; and (4) suggestions to Agency Information Collection accordance with the Paperwork minimize the burden of the collection of Activities: User Fees Reduction Act of 1995 (PRA). The information on those who are to information collection is published in respond, including through the use of AGENCY: U.S. Customs and Border the Federal Register to obtain comments appropriate automated, electronic, Protection (CBP), Department of from the public and affected agencies. mechanical, or other technological Homeland Security. DATES: Comments are encouraged and collection techniques or other forms of ACTION: 60-Day Notice and request for must be submitted (no later than May information technology, e.g., permitting comments; extension of an existing 10, 2019) to be assured of consideration. electronic submission of responses. The collection of information. ADDRESSES: Written comments and/or comments that are submitted will be suggestions regarding the item(s) summarized and included in the request SUMMARY: The Department of Homeland contained in this notice must include for approval. All comments will become Security, U.S. Customs and Border the OMB Control Number 1651–0124 in a matter of public record. Protection will be submitting the the subject line and the agency name. Overview of This Information following information collection request To avoid duplicate submissions, please Collection to the Office of Management and Budget use only one of the following methods (OMB) for review and approval in Title: Cargo Container and Road to submit comments: accordance with the Paperwork Vehicle for Transport under Customs (1) Email. Submit comments to: CBP_ Reduction Act of 1995 (PRA). The Seal. [email protected]. information collection is published in OMB Number: 1651–0124. (2) Mail. Submit written comments to the Federal Register to obtain comments Action: CBP proposes to extend the from the public and affected agencies. CBP Paperwork Reduction Act Officer, expiration date of this information U.S. Customs and Border Protection, collection with no change to the burden DATES: Comments are encouraged and Office of Trade, Regulations and hours or to the information collected. must be submitted no later than May 10, Rulings, Economic Impact Analysis Type of Review: Extension (without 2019 to be assured of consideration. Branch, 90 K Street NE, 10th Floor, change). ADDRESSES: Written comments and/or Washington, DC 20229–1177. Affected Public: Businesses. suggestions regarding the item(s) FOR FURTHER INFORMATION CONTACT: Abstract: The United States is a contained in this notice must include Requests for additional PRA information signatory to several international the OMB Control Number 1651–0052 in should be directed to Seth Renkema, Customs conventions and is responsible the subject line and the agency name. Chief, Economic Impact Analysis for specifying the technical To avoid duplicate submissions, please Branch, U.S. Customs and Border requirements that containers and road use only one of the following methods Protection, Office of Trade, Regulations vehicles must meet to be acceptable for to submit comments: and Rulings, 90 K Street NE, 10th Floor, transport under Customs seal. Customs (1) Email. Submit comments to: CBP_ Washington, DC 20229–1177, and Border Protection (CBP) has the [email protected]. Telephone number 202–325–0056 or via responsibility of collecting information (2) Mail. Submit written comments to email [email protected]. Please for the purpose of certifying containers CBP Paperwork Reduction Act Officer, note that the contact information and vehicles for international transport U.S. Customs and Border Protection,

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Office of Trade, Regulations and date with no change to the burden hours Estimated Time per Response: 16 Rulings, Economic Impact Analysis or to the information collected. minutes. Branch, 90 K Street NE, 10th Floor, Type of Review: Extension (without Estimated Total Annual Burden Washington, DC 20229–1177. change). Hours: 2,667. Affected Public: Carriers. FOR FURTHER INFORMATION CONTACT: ECCF Quarterly Report Requests for additional PRA information Abstract: The Consolidated Omnibus should be directed to Seth Renkema, Budget Reconciliation Act of 1985 Estimated Number of Respondents: Chief, Economic Impact Analysis (COBRA– PL 99–272; 19 U.S.C. 58c) 18. Branch, U.S. Customs and Border authorizes the collection of user fees by Estimated Number of Annual Protection, Office of Trade, Regulations U.S. Customs and Border Protection Responses per Respondent: 4. Estimated Number of Annual and Rulings, 90 K Street NE, 10th Floor, (CBP). The collection of these fees Responses: 72. Washington, DC 20229–1177, requires submission of information from Estimated Time per Response: 2 Telephone number (202) 325–0056 or the party remitting the fees to CBP. This hours. via email [email protected]. Please information is submitted on three forms including the CBP Form 339A for Estimated Total Annual Burden note that the contact information Hours: 144. provided here is solely for questions aircraft, CBP Form 339C for commercial regarding this notice. Individuals vehicles, and CBP Form 339V for ECCF Application and List of Couriers seeking information about other CBP vessels. These forms can be found at: https://www.cbp.gov/newsroom/ Estimated Number of Respondents: 3. programs should contact the CBP Estimated Number of Annual National Customer Service Center at publications/forms?title=339. The information on these forms may Responses per Respondent: 4. 877–227–5511, (TTY) 1–800–877–8339, Estimated Number of Annual also be filed electronically at: https:// or CBP website at Responses: 12. dtops.cbp.dhs.gov/. This collection of https://www.cbp.gov/. Estimated Time per Response: 30 information is provided for by 19 CFR SUPPLEMENTARY INFORMATION: CBP minutes. 24.22. invites the general public and other Estimated Total Annual Burden In addition, CBP requires express Federal agencies to comment on the Hours: 6. consignment carrier facilities (ECCFs) to proposed and/or continuing information file lists of carriers or operators using Dated: February 27, 2019. collections pursuant to the Paperwork the facility in accordance with 19 CFR Seth D Renkema, Reduction Act of 1995 (44 U.S.C. 3501 128.11. In cases of overpayments, Branch Chief, Economic Impact Analysis et seq.). This process is conducted in carriers using the ECCFs may send a Branch, U.S. Customs and Border Protection. accordance with 5 CFR 1320.8. Written request to CBP for a refund in [FR Doc. 2019–03790 Filed 3–8–19; 8:45 am] comments and suggestions from the accordance with 19 CFR 24.23 (b). This BILLING CODE 9111–14–P public and affected agencies should request must specify the grounds for the address one or more of the following refund. ECCFs are also required to file four points: (1) Whether the proposed a quarterly report in accordance with 19 DEPARTMENT OF HOMELAND collection of information is necessary CFR 24.23(b)(4). SECURITY for the proper performance of the functions of the agency, including CBP Form 339A—Aircraft U.S. Immigration and Customs whether the information will have Estimated Number of Respondents: Enforcement practical utility; (2) the accuracy of the 15,000. [OMB Control Number 1653–0054] agency’s estimate of the burden of the Estimated Number of Annual proposed collection of information, Responses per Respondent: 1. Agency Information Collection including the validity of the Estimated Number of Annual Activities; Extension of an Existing methodology and assumptions used; (3) Responses: 15,000. Information Collection: Training Plan suggestions to enhance the quality, Estimated Time per Response: 16 for Science, Technology, Engineering utility, and clarity of the information to minutes. and Mathematics (STEM) Optional be collected; and (4) suggestions to Estimated Total Annual Burden Practical Training (OPT) Students minimize the burden of the collection of Hours: 4,000. information on those who are to AGENCY: Student Exchange Visitor respond, including through the use of CBP Form 339C—Vehicles Program (SEVP), U.S. Immigration and appropriate automated, electronic, Estimated Number of Respondents: Customs Enforcement (ICE), Department mechanical, or other technological 90,000. of Homeland Security (DHS). collection techniques or other forms of Estimated Number of Annual ACTION: 30-Day notice and request for information technology, e.g., permitting Responses per Respondent: 1. comments. electronic submission of responses. The Estimated Number of Annual comments that are submitted will be Responses: 90,000. SUMMARY: DHS ICE SEVP will submit summarized and included in the request Estimated Time per Response: 20 the following information collection for approval. All comments will become minutes. request to the Office of Management and a matter of public record. Estimated Total Annual Burden Budget (OMB) for review and clearance Hours: 29,997. in accordance with the Paperwork Overview of This Information Reduction Act (PRA) of 1995. DHS Collection CBP Form 339V—Vessels previously published this information Title: User Fees. Estimated Number of Respondents: collection request in the Federal OMB Number: 1651–0052. 10,000. Register on Thursday, November 1, Form Number: CBP Forms 339A, Estimated Number of Annual 2018, for a 60-day public comment 339C and 339V. Responses per Respondent: 1. period. Two comments were received. Current Actions: This submission is Estimated Number of Annual The purpose of this notice is to allow an being made to extend the expiration Responses: 10,000. additional 30 days for public comments.

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To provide greater transparency, ICE is SUPPLEMENTARY INFORMATION: The Form (3) Enhance the quality, utility, and providing clarification of the changes in I–983, ‘‘Training Plan’’ is an information clarity of the information to be the 30-day notice. The changes to the collection directed in the rulemaking, collected; and collection were to increase the burden ‘‘Improving and Expanding Training (4) Minimize the burden of the estimates based on the anticipated Opportunities for F–1 Nonimmigrant collection of information on those who increase in the number of students Students with STEM Degrees and Cap- are to respond, including using enrolled in STEM. There were no other Gap Relief for All Eligible F–1 appropriate automated, electronic, changes to the collection or form. Students,’’ cited above. The final rule mechanical, or other technological This notice of update for the was published on March 11, 2016, and collection techniques or other forms of information collection is published in went into effect on May 10, 2016. information technology, e.g., permitting the Federal Register to obtain comments The Form I–983 serves as a planning electronic submission of responses. document for those F–1 nonimmigrant from the public and affected agencies. Overview of Updated Information students who are eligible for an You may access the updated Supporting Collection Statement to this notice by visiting the extension of their optional practical Federal eRulemaking Portal site at: training (OPT) benefit and who elect to (1) Type of Information Collection: http://www.regulations.gov and enter do so. To be eligible for the extension, Extension of a currently approved ICEB–2018–0003–0001 in the search students must have completed a degree information collection. box. in a Science, Technology, Engineering (2) Title of the Form/Collection: or Mathematics (STEM) field approved Training Plan for STEM OPT Students. DATES: Comments are encouraged and by the Department of Homeland (3) Agency form number, if any, and will be accepted until April 10, 2019. Security and must already be engaged in the applicable component of the ADDRESSES: Interested persons are post-completion OPT. The information Department of Homeland Security invited to submit written comments on collection requires input from the sponsoring the collection: Form I–983, the information collection to the Office student, the SEVP certified school that U.S. Immigration and Customs of Information and Regulatory Affairs, recommends the student, and the Enforcement. Office of Management and Budget. employer. (4) Affected public who will be asked Comments should be directed to OMB During the 60-day public commenting or required to respond, as well as a brief Desk Officer via electronic mail to period, two comments were received. abstract: Primary: Individuals or [email protected]. All Both commenters requested clarification households. The Form I–983 serves as a submissions received must include the on the nature of the changes to the planning document for STEM OPT agency name and the OMB Control information collection. In response to students, the SEVP-certified school, and Number 1653–0054 in the subject line. these comments, ICE is providing an the employer. The Training Plan for Comments submitted in response to explanation of the changes in the 30-day STEM OPT students serves as an this notice may be made available to the notice. The changes to the collection evidentiary document for SEVP by public through relevant websites. For were to increase the burden estimates setting forth the terms and conditions of this reason, please do not include in based on the anticipated increase in the the practical training, documenting the your comments information of a number of students enrolled in STEM. obligations of the three parties that are confidential nature, such as sensitive There were no other changes to the involved—the F student, the SEVP- personal information or proprietary collection or form. certified school, and the employer—and information. If you send an email OMB is particularly interested in by tracking the student’s progress. The comment, your email address will be comments that: student and the employer must each automatically captured and included as (1) Evaluate whether the proposed complete and sign their part of the Form part of the comment that is placed in the collection of information is necessary I–983. The SEVP-certified school will public docket and made available on the for the proper performance of the incorporate the completed and signed internet. Please note that responses to functions of the agency, including Form I–983, as part of the student’s this public comment request containing whether the information will have school file. The SEVP-certified school any routine notice about the practical utility; will make the student’s Form I–983 confidentiality of the communication (2) Evaluate the accuracy of the available to DHS upon request. will be treated as public comments that agencies’ estimate of the burden of the (5) An estimate of the total number of may be made available to the public proposed collection of information, responses and the amount of time notwithstanding the inclusion of the including the validity of the estimated for an average respondent routine notice. methodology and assumptions used; (student, DSO, or employer) to respond:

TABLE—CALCULATION OF ESTIMATED ANNUAL REPORTING BURDEN FOR TRAINING PLAN

Average Time per Average Function annual response annual responses (hours) hour burden

Student Burden

Initial Completion of Training Plan ...... 166,406 2.17 361,101 12-month Evaluation Requirements ...... 166,406 1.50 249,609

Sub-Total ...... 610,710

DSO Burden

Initial Review of Training Plan & Recordkeeping ...... 166,406 1.33 221,320

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TABLE—CALCULATION OF ESTIMATED ANNUAL REPORTING BURDEN FOR TRAINING PLAN—Continued

Average Time per Average Function annual response annual responses (hours) hour burden

Review of Evaluation & Recordkeeping ...... 166,406 1.33 221,320

Sub-Total ...... 442,640

Employer Burden

Initial completion of Training Plan ...... 166,406 4.00 665,624 Evaluation Requirements ...... 166,406 0.75 124,805

Sub-Total ...... 790,429

Total Burden Hours ...... 1,843,779

(6) An estimate of the total public reporting cycle. This reflects an during the next three years as technical burden (in hours) associated with the unanticipated industry growth. SEVP subject improvements, such as the new Portal, collection: 1,843,779 annual burden matter experts predict a one percent increase are more fully deployed. Table 3 shows hours. of STEM OPT participants during the next three years. the differences between the current Note: SEVP saw an annual increase of estimates and the previous supporting 124,314 responses in each respondent group: SEVP subject matter experts statement. Students, DSOs, and employers during this anticipate a reduction in DSO burden

TABLE 1—SUMMARY OF CURRENT ESTIMATES AND DIFFERENCES

Nonimmigrant DSO Employer Total

Respondents: Current ...... 166,406 166,406 166,406 499,218 Last Supporting Statement ...... 42,092 42,092 42,092 126,276 Difference ...... 124,314 124,314 124,314 372,942 Burden Hours: Current ...... 610,710 442,640 790,429 1,843,778 Last Supporting Statement ...... 196,429 149,286 220,983 566,698 Difference ...... 414,281 293,354 569,446 1,277,080

(7) An estimate of the total public Administration (TSA) has forwarded the electronic mail to dhsdeskofficer@ burden (in cost) associated with the Information Collection Request (ICR), omb.eop.gov. collection: $102,056,286. Office of Management and Budget FOR FURTHER INFORMATION CONTACT: Dated: March 6, 2019. (OMB) control number 1652–0058, Christina A. Walsh, TSA PRA Officer, Scott Elmore, abstracted below to OMB for review and Information Technology (IT), TSA–11, PRA Clearance Officer, Office of the Chief approval of an extension of the Transportation Security Administration, Information Officer, U.S. Immigration and currently approved collection under the 601 South 12th Street, Arlington, VA Customs Enforcement, Department of Paperwork Reduction Act (PRA). The 20598–6011; telephone (571) 227–2062; Homeland Security. ICR describes the nature of the email [email protected]. [FR Doc. 2019–04335 Filed 3–8–19; 8:45 am] information collection and its expected SUPPLEMENTARY INFORMATION: TSA BILLING CODE 9111–28–P burden. The information collection published a Federal Register notice, activity provides a means to gather with a 60-day comment period soliciting qualitative customer and stakeholder DEPARTMENT OF HOMELAND comments, of the following collection of feedback in an efficient, timely manner, SECURITY information on September 28, 2018 (83 in accordance with TSA’s commitment FR 49119). Transportation Security Administration to improving service delivery. Comments Invited DATES: Send your comments by April Extension of Agency Information 10, 2019. A comment to OMB is most In accordance with the Paperwork Collection Activity Under OMB Review: Reduction Act of 1995 (44 U.S.C. 3501 Generic Clearance for the Collection of effective if OMB receives it within 30 days of publication. et seq.), an agency may not conduct or Qualitative Feedback on Agency sponsor, and a person is not required to Service Delivery ADDRESSES: Interested persons are respond to, a collection of information AGENCY: Transportation Security invited to submit written comments on unless it displays a valid OMB control Administration, DHS. the proposed information collection to number. The ICR documentation will be the Office of Information and Regulatory ACTION: 30-Day notice. available at http://www.reginfo.gov Affairs, OMB. Comments should be upon its submission to OMB. Therefore, SUMMARY: This notice announces that addressed to Desk Officer, Department in preparation for OMB review and the Transportation Security of Homeland Security/TSA, and sent via approval of the following information

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collection, TSA is soliciting comments issues with service delivery. Responses approval of an extension of the to— will be assessed to plan and inform currently approved collection under the (1) Evaluate whether the proposed efforts to improve or maintain the Paperwork Reduction Act (PRA). The information requirement is necessary for quality of service offered by TSA. If this ICR describes the nature of the the proper performance of the functions information is not collected, vital information collection and its expected of the agency, including whether the feedback from customers and burden. Specifically, the collection information will have practical utility; stakeholders on TSA’s services will be involves the submission of data (2) Evaluate the accuracy of the unavailable. concerning pipeline security incidents. agency’s estimate of the burden; As a general matter, information DATES: Send your comments by April (3) Enhance the quality, utility, and collections will not result in any new 10, 2019. A comment to OMB is most clarity of the information to be system of records containing privacy effective if OMB receives it within 30 collected; and information and will not ask questions days of publication. (4) Minimize the burden of the of a sensitive nature. Information ADDRESSES: Interested persons are collection of information on those who gathered is intended to be used solely invited to submit written comments on are to respond, including using within TSA general service the proposed information collection to appropriate automated, electronic, improvement and program management the Office of Information and Regulatory mechanical, or other technological purposes and is not intended for release Affairs, OMB. Comments should be collection techniques or other forms of outside of TSA (if released, TSA will addressed to Desk Officer, Department information technology. indicate the qualitative nature of the of Homeland Security/TSA, and sent via Consistent with the requirements of information). Feedback collected under Executive Order (E.O.) 13771, Reducing electronic mail to dhsdeskofficer@ this generic clearance provides useful omb.eop.gov. Regulation and Controlling Regulatory qualitative information, but it does not Costs, and E.O. 13777, Enforcing the yield data that can be generalized to the FOR FURTHER INFORMATION CONTACT: Regulatory Reform Agenda, TSA is also overall population. Qualitative Christina A. Walsh, TSA PRA Officer requesting comments on the extent to information is not designed or expected Information Technology (IT), TSA–11, which this request for information could to yield statistically reliable or Transportation Security Administration, be modified to reduce the burden on actionable results; it will not be used for 601 South 12th Street, Arlington, VA respondents. quantitative information collections. 20598–6011; telephone (571) 227–2062; email [email protected]. Information Collection Requirement Depending on the degree of influence the results are likely to have, there may SUPPLEMENTARY INFORMATION: TSA Title: Generic Clearance for the be future information collection published a Federal Register notice, Collection of Qualitative Feedback on submissions for other generic with a 60-day comment solicitation Agency Service Delivery. mechanisms that are designed to yield period, of the following collection of Type of Request: Extension. quantitative results. information on October 29, 2018, 83 FR OMB Control Number: 1652–0058. Below we provide TSA’s projected 54368. Form(s): NA. Affected Public: Individuals, average estimates for the next three Comments Invited Households, Businesses, Organizations, years: Number of Respondents: 94,500. In accordance with the Paperwork and State, Local or Tribal Governments. Estimated Annual Burden Hours: An Reduction Act of 1995 (44 U.S.C. 3501 Abstract: The information collection estimated 13,383 hours annually. et seq.), an agency may not conduct or activity provides a means to gather sponsor, and a person is not required to qualitative customer and stakeholder Dated: March 5, 2019. respond to, a collection of information feedback in an efficient, timely manner, Christina A. Walsh, unless it displays a valid OMB control in accordance with the Administration’s TSA Paperwork Reduction Act Officer, number. The ICR documentation will be commitment to improving service Information Technology. available at http://www.reginfo.gov delivery. [FR Doc. 2019–04294 Filed 3–8–19; 8:45 am] upon its submission to OMB. Therefore, From TSA’s perspective, qualitative BILLING CODE 9110–05–P in preparation for OMB review and feedback from customers and approval of the following information stakeholders is information that collection, TSA is soliciting comments provides useful insights on their DEPARTMENT OF HOMELAND to— perceptions, experiences, opinions, and SECURITY (1) Evaluate whether the proposed expectations regarding TSA products or information requirement is necessary for Transportation Security Administration services, provides TSA with an early the proper performance of the functions warning of issues with service, and of the agency, including whether the focuses attention on areas where Extension of Agency Information Collection Activity Under OMB Review: information will have practical utility; changes regarding communication, (2) Evaluate the accuracy of the training, or operations might improve Pipeline System Operator Security Information agency’s estimate of the burden; delivery of products or services. These (3) Enhance the quality, utility, and collections will allow for ongoing, AGENCY: Transportation Security clarity of the information to be collaborative, and actionable Administration, DHS. collected; and communications between TSA and its ACTION: 30-Day notice. (4) Minimize the burden of the customers and stakeholders. They will collection of information on those who also allow feedback to contribute SUMMARY: This notice announces that are to respond, including using directly to the improvement of program the Transportation Security appropriate automated, electronic, management. The solicitation of Administration (TSA) has forwarded the mechanical, or other technological feedback will target areas such as: Information Collection Request (ICR), collection techniques or other forms of timeliness, appropriateness, accuracy of Office of Management and Budget information technology. information, courtesy, efficiency of (OMB) control number 1652–0055, Consistent with the requirements of service delivery, and resolution of abstracted below to OMB for review and Executive Order (E.O.) 13771, Reducing

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Regulation and Controlling Regulatory (2) Activities that could be precursors this proposal. Comments should refer to Costs, and E.O. 13777, Enforcing the to such an attempt. the proposal by name and/or OMB Regulatory Reform Agenda, TSA is also Number of Respondents: 32. Control Number and should be sent to: requesting comments on the extent to Estimated Annual Burden Hours: An HUD Desk Officer, Office of which this request for information could estimated 16 hours annually. Management and Budget, New be modified to reduce the burden on Dated: March 5, 2019. Executive Office Building, Washington, respondents. Christina A. Walsh, DC 20503; fax: 202–395–5806, Email: OIRA [email protected]. Information Collection Requirement TSA Paperwork Reduction Act Officer, Information Technology. FOR FURTHER INFORMATION CONTACT: Title: Pipeline System Operator Anna P. Guido, Reports Management Security Information. [FR Doc. 2019–04291 Filed 3–8–19; 8:45 am] BILLING CODE 9110–05–P Officer, QMAC, Department of Housing Type of Request: Extension of a and Urban Development, 451 7th Street currently approved collection. SW, Washington, DC 20410; email Anna OMB Control Number: 1652–0055. P. Guido at [email protected] or DEPARTMENT OF HOUSING AND Forms(s): NA. telephone 202–402–5535. This is not a URBAN DEVELOPMENT Affected Public: Pipeline system toll-free number. Person with hearing or operators. [Docket No. FR–7011–N–01] speech impairments may access this Abstract: In addition to TSA’s broad number through TTY by calling the toll- responsibility and authority for 30-Day Notice of Proposed Information free Federal Relay Service at (800) 877– ‘‘security in all modes of Collection: Data Collection for 8339. Copies of available documents transportation,’’ see 49 U.S.C. 114(d), EnVision Center Demonstration Sites submitted to OMB may be obtained from Ms. Guido. TSA is statutorily required to develop AGENCY: Office of the Chief Information and transmit to pipeline operators Officer, HUD. SUPPLEMENTARY INFORMATION: This security recommendations for natural notice informs the public that HUD is ACTION: Notice. gas and hazardous liquid pipelines and seeking approval from OMB for the pipeline facilities. See sec. 1557 of the SUMMARY: HUD is seeking approval from information collection described in Implementing Recommendations of the the Office of Management and Budget Section A. 9/11 Commission Act of 2007, Public (OMB) for the information collection The Federal Register notice that Law 110–53 (121 Stat. 266; August 3, described below. In accordance with the solicited public comment on the 2007), codified at 6 U.S.C. 1207. Paperwork Reduction Act, HUD is information collection for a period of 60 Consistent with these requirements, requesting comment from all interested days was published on Wednesday, TSA produced Pipeline Security parties on the proposed collection of December 12, 2018 at 83 FR 63902. Guidelines in December 2010, with an information. The purpose of this notice A. Overview of Information Collection update published in March 2018. is to allow for 30 days of public Among the recommendations, TSA comment. Title of Information Collection: Data encouraged pipeline operators to notify Collection for EnVision Center TSA of all— DATES: Comments Due Date: April 10, Demonstration Sites. (1) Incidents that may indicate a 2019. OMB Approval Number: 2528-New. deliberate attempt to disrupt pipeline ADDRESSES: Interested persons are Type of Request: New collection. operations; and invited to submit comments regarding Form Number: TBD.

Number of Response Burden hours Annual Hourly cost Information collection respondents frequency per response burden hours per response Total cost

Commitment Letter (Completed by the EnVision Center Navigator/EnVision Center Executive Sponsor/EnVision Center Director) ...... 200 1 0.25 50.00 $68.19 $3,409.50 Action Plan (Completed by the EnVision Center Navigator/EnVision Center Ex- ecutive Sponsor/EnVision Center Di- rector) ...... 200 1 8.00 1,600.00 22.45 35,920 Quarterly Report (Completed by the En- Vision Center Navigator/EnVision Cen- ter Executive Sponsor/EnVision Center Director) ...... 200 4 6.00 4,800.00 24.63 118,224 Customer Satisfaction Survey (Com- pleted by the EnVision Center Partici- pant) ...... 40,000 1 0.05 2,000.00 7.25 14,500.00

Total ...... 40,600 ...... 8,450.00 ...... 172,053.50

Description of the need for the organizations to accelerate economic the lives of residents housed with HUD information and proposed use: HUD mobility of low-income households in assistance, by providing a forum by seeks to collect data from the EnVision communities that include HUD-assisted which cross-sector organizations can Center Demonstration sites to find out housing. The demonstration builds come together to design and implement the effectiveness of collaborative efforts upon existing partnerships and local interventions to advance self- by government, industry, and nonprofit continues collaborative work to improve sufficiency and economic mobility

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through a four-pillar approach to ‘‘off the shelf’’ entrepreneurship courses them with a tangible path for achieving opportunity. The four pillars are: (1) to educate residents, and other low- the goals of the EnVision Center. These Economic Empowerment, (2) income individuals interested in plans will specify and formalize the Educational Advancement, (3) Health launching their own businesses. participation of community and Wellness, and (4) Character and In its report released in January 2011, stakeholders, describe gaps in current Leadership. HUD believes that these that focused on Temporary Assistance service delivery models, describe the four pillars can be the foundation for for Needy Families, Employment onsite arrangements for intake driving collaboration amongst Services and Workforce Investment Act processing and referrals to network communities, the private sector, and the Adult employment programs funded by stakeholders, identify the physical federal government, intended to the U.S. Departments of Labor, location(s) which can act as a shared improve the quality of life of HUD- Education, and Health and Human services site to house the EnVision assisted and low-income households Services, the Government Center, and/or outline specific and to empower them to become self- Accountability Office (GAO) found that benchmarks and goals for the EnVision sufficient. efficiencies in offering government Center. These plans could also capture Located in or near Public Housing services could be achieved by co- the goals of the community’s Authorities (PHA), EnVision Centers are locating services and consolidating participation in the demonstration and centralized hubs for supportive services administrative structures. EnVision provide, to the extent possible, objective focused on the four pillars listed above. Centers aim to help foster efficiencies indicators of success regarding the The EnVision Centers demonstration is through co-locating government services number of partnerships established with premised on the notion that financial and consolidating administrative state and local government, non-profits, support alone is insufficient to solve the structures. Data collection is necessary faith -based organizations, and private problem of poverty. Intentional and to assess and determine eligibility for and philanthropic organizations. collective efforts across a diverse set of EnVision Center designation and Progress reports will be required on a organizations with an even more diverse identify other activities to be conducted quarterly basis in order to track set of supportive services expertise are at EnVision Centers. EnVision Center implementation, assess needed to implement a holistic Potential EnVision Center sites are and address Technical Assistance (TA) approach to long-lasting self-sufficiency. required to submit letters of needs, and monitor activities, outputs Envision Centers embody this concept, commitment and Action Plans that and outcomes. A Customer Satisfaction bringing together a diverse set of promote and expand economic mobility. survey will be administered within 30- organizations and resources under one These Action Plans will describe the days to individuals who go through the roof, alleviating barriers commonly goals of the community’s participation EnVision Center’s intake process. This faced by residents and other low-income in the demonstration and provide, to the will provide information about how individuals including access and extent as possible, objective goals participants are experiencing the transportation. An example of this regarding the number of partnerships supports, referrals, and placement includes the IRS offering free tax established with state and local processes. preparation services to residents in the government, non-profits, faith-based Envision Center sponsors may include EnVision Center, while simultaneously organizations, and private and Public Housing Authorities (PHAs), having the Department of Education philanthropic organizations. Once state and local governments, Tribes, provide coordinators to aide residents in designated as an EnVision Center, Tribally-Designated Housing Agencies, gathering key tax and other pertinent designees are required to keep records participating jurisdictions, housing information needed to apply for the Free (e.g. Action Plans, etc.) that document counseling agencies, multifamily Application for Federal Student Aid how the Demonstration is being owners/operators, faith-based and (FAFSA). Another example includes; implemented, cooperate with the nonprofit organizations, and CyberPatriots offering computer evaluation, and commit to providing Continuums of Care (CoC). technical classes through quarterly progress reports. The Action Respondents (i.e., affected public): Cybergenerations while the Small plan serves as a vehicle for bringing Executive Sponsor, Center Coordinator, Business Administration (SBA) provides together stakeholders and providing Navigator and Participants.

Median hourly Respondent Occupation SOC Code wage rate

EnVision Center Executive Sponsor ...... Chief Executive ...... 11–1011 $88.11 EnVision Center Director ...... General and Operations Managers ...... 11–1021 48.27 EnVision Center Navigator ...... Social and Human Service Assistant ...... 21–1093 15.92 EnVision Center Participant ...... Federal Minimum Wage Rate ...... N/A 7.25 Source: Bureau of Labor Statistics, Occupational Employment Statistics (May 2017), https://www.bls.gov/oes/current/oes_stru.htm and Depart- ment of Labor, Minimum Wage (2009), https://www.dol.gov/general/topic/wages/minimumwage.

The EnVision Center Executive complete the Customer Satisfaction For the Action Plan, it is assumed that Sponsor and Envision Center Director at Survey. the EnVision Center Executive Sponsor the 200 EnVision Centers will complete For the Commitment Letter, it is and EnVision Center Director will need the Commitment Letter. The EnVision assumed that the EnVision Center one hour to complete this and the Center Executive Sponsor, EnVision Executive Sponsor and the EnVision EnVision Center Navigator will need seven hours to complete this for an Center Director and the EnVision Center Center Director will need 0.25 hours to average of 8 hours total. Navigator will complete the Action Plan complete this a year. The total number For the Quarterly Reports, it is and the Quarterly Report while the of respondents would be 200 based on assumed that the EnVision Center EnVision Center Participant will the 200 centers. Executive Sponsor and EnVision Center

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Director will need one hour to complete DEPARTMENT OF HOUSING AND A. Overview of Information Collection the review and and the EnVision Center URBAN DEVELOPMENT Title of Information Collection: Navigator will need five hours to [Docket No. FR–7011–N–05] Continuum of Care Program Assistance complete this task for an average of 6 Grant Application. hours total. 30-Day Notice of Proposed Information OMB Approval Number: 2506–0112. For the Customer Satisfaction Survey, Collection: Continuum of Care Type of Request: Revision of a we anticipate an average 200 Envision Program Assistance Grant Application currently approved collection. Center Participant visits a year from AGENCY: Office of the Chief Information Form Number: HUD–2991—Cert of each of the 200 centers. This is a total Officer, HUD. Consistency with Consolidated Plan. of 40,000 respondents per year with ACTION: Notice. Description of the need for the each survey having a completion time of information and proposed use: The three minutes. SUMMARY: HUD is seeking approval from regulatory authority to collect this the Office of Management and Budget information is contained in 24 CFR part B. Solicitation of Public Comment (OMB) for the information collection 578, and is authorized by the described below. In accordance with the This notice is soliciting comments McKinney-Vento Act, as amended by S. Paperwork Reduction Act, HUD is 896 The Homeless Emergency from members of the public and affected requesting comment from all interested parties concerning the collection of Assistance and Rapid Transition to parties on the proposed collection of Housing (HEARTH) Act of 2009 (42 information described in Section A on information. The purpose of this notice the following: U.S.C. 11371 et seq.) which states that is to allow for 30 days of public ‘‘The Secretary shall award grants, on a (1) Whether the proposed collection comment. competitive basis, and using the of information is necessary for the DATES: Comments Due Date: April 10, selection criteria described in section proper performance of the functions of 2019. 427, to carry out eligible activities under the agency, including whether the ADDRESSES: Interested persons are this subtitle for projects that meet the information will have practical utility; invited to submit comments regarding program requirements under section (2) The accuracy of the agency’s this proposal. Comments should refer to 426, either by directly awarding funds estimate of the burden of the proposed the proposal by name and/or OMB to project sponsors or by awarding collection of information; Control Number and should be sent to: funds to unified funding agencies.’’ HUD Desk Officer, Office of (SEC.422(a)) (3) Ways to enhance the quality, The Continuum of Care (CoC) utility, and clarity of the information to Management and Budget, New Executive Office Building, Washington, Program Application (OMB 2506–0112) be collected; and DC 20503; fax: 202–395–5806, email: is the second phase of the information (4) Ways to minimize the burden of OIRA [email protected]. collection process to be used in HUD’s the collection of information on those FOR FURTHER INFORMATION CONTACT: CoC Program Competition authorized by who are to respond; including through Anna P. Guido, Reports Management the HEARTH Act. During this phase, the use of appropriate automated Officer, QMAC, Department of Housing HUD collects information from the state collection techniques or other forms of and Urban Development, 451 7th Street and local Continuum of Cares (CoCs) information technology, e.g., permitting SW, Washington, DC 20410; email Anna through the CoC Consolidated electronic submission of responses. P. Guido at [email protected] or Application which is comprised of the CoC Application, and the Priority HUD encourages interested parties to telephone 202–402–5535. This is not a toll-free number. Person with hearing or Listing which includes the individual submit comment in response to these project recipients’ project applications. questions. speech impairments may access this number through TTY by calling the toll- The CoC Consolidated Grant Authority: Section 3507 of the Paperwork free Federal Relay Service at (800) 877– Application is necessary for the Reduction Act of 1995, 44 U.S.C. Chapter 35. 8339. Copies of available documents selection of proposals submitted to HUD Dated: February 28, 2019. submitted to OMB may be obtained (by State and local governments, public housing authorities, and nonprofit Anna P. Guido, from Ms. Guido. SUPPLEMENTARY INFORMATION: This organization) for the grant funds Department Reports Management Officer, available through the Continuum of Office of the Chief Information Officer. notice informs the public that HUD is seeking approval from OMB for the Care Program, in order to make [FR Doc. 2019–04341 Filed 3–8–19; 8:45 am] information collection described in decisions for the awarding CoC Program BILLING CODE 4210–67–P Section A. funds. The Federal Register notice that Respondents (i.e. affected public): solicited public comment on the Nonprofit organizations, states, local information collection for a period of 60 governments, and instrumentalities of days was published on September 14, state and local governments, and Public 2018 at 83 FR 46748. Housing Authorities.

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Frequency Burden hour Annual Hourly cost Submission documents Number of of Responses per burden per Annual cost respondents responses per annum response hours response

A B C D E F G F

CoC Applications: CoC HIC Process (this row includes the Subpopulation Extrapolation Tool, Stratified Extrapolation Tool, Housing Inventory Chart, and a General Extrapolation Tool) ...... 390.00 1.00 390.00 8.00 3,120.00 46.62 145,454.40 CoC PIT Process ...... 390.00 1.00 390.00 8.00 3,120.00 46.62 145,454.40 CoC Application...... 390.00 1.00 390.00 50.00 19,500 46.62 90,090.00 CoC Priority Listing and Reallocation Forms ...... 390.00 1.00 390.00 8.00 3,120.00 46.62 145,454.40 HUD–2991—Cert of Consistency with Consolidated Plan ...... 1.00 390.00 3.00 1,170.00 46.62 54,545.40

Subtotal CoC Application Submissions ...... 390.00 1.00 390.00 77.00 3,030.00 46.62 1,399,998,60 Project applications: Renewal Project applications ...... 7,200.00 1.00 7,200.00 0.50 3,600.00 46.62 167,832.00 New Project applications ...... 850.00 1.00 850.00 1.50 1,275.00 46.62 59,54450.50 CoC Planning Applications ...... 390.00 1.00 390.00 1.00 390.00 46.62 18,181.80 UFA Costs Applications ...... 10.00 1.00 10.00 0.50 5.00 46.62 233.10

Subtotal of Project applications Submissions (Re- newal, New, UFA and Planning) ...... 8,450.00 1.00 8,450.00 3.50 5,270.00 46.62 245,687.40

Overall Total CoC Consolidated Application (Total Project applications plus CoC Applications) ...... 8,840.00 1.00 8,840.00 80.80 35,300.00 46.62 1,645,686.00

B. Solicitation of Public Comment INTERNATIONAL TRADE be viewed on the Commission’s COMMISSION Electronic Document Information This notice is soliciting comments System (EDIS) at https://edis.usitc.gov. from members of the public and affected Notice of Receipt of Complaint; Hearing-impaired persons are advised parties concerning the collection of Solicitation of Comments Relating to that information on this matter can be information described in Section A on the Public Interest obtained by contacting the the following: AGENCY: U.S. International Trade Commission’s TDD terminal on (202) (1) Whether the proposed collection Commission. 205–1810. of information is necessary for the ACTION: Notice. SUPPLEMENTARY INFORMATION: The proper performance of the functions of Commission has received a complaint the agency, including whether the SUMMARY: Notice is hereby given that and a submission pursuant to § 210.8(b) information will have practical utility; the U.S. International Trade of the Commission’s Rules of Practice Commission has received a complaint and Procedure filed on behalf of DEI (2) The accuracy of the agency’s entitled Certain Vehicle Security and Holdings, Inc. and Directed Electronics estimate of the burden of the proposed Remote Convenience Systems and Canada Inc. on March 5, 2019. The collection of information; Components Thereof, DN 3370; the complaint alleges violations of section (3) Ways to enhance the quality, Commission is soliciting comments on 337 of the Tariff Act of 1930 (19 U.S.C. utility, and clarity of the information to any public interest issues raised by the 1337) in the importation into the United be collected; and complaint or complainant’s filing States, the sale for importation, and the (4) Ways to minimize the burden of pursuant to the Commission’s Rules of sale within the United States after the collection of information on those Practice and Procedure. importation of certain vehicle security who are to respond; including through FOR FURTHER INFORMATION CONTACT: Lisa and remote convenience systems and the use of appropriate automated R. Barton, Secretary to the Commission, components thereof. The complaint names as respondents: Automotive Data collection techniques or other forms of U.S. International Trade Commission, 500 E Street SW, Washington, DC Solutions, Inc. of Canada; Firstech, LLC information technology, e.g., permitting 20436, telephone (202) 205–2000. The of Kent, WA; and AAMP of Florida, Inc. electronic submission of responses. public version of the complaint can be of Clearwater, FL. The complainant HUD encourages interested parties to accessed on the Commission’s requests that the Commission issue a submit comment in response to these Electronic Document Information limited exclusion order and a cease and questions. System (EDIS) at https://edis.usitc.gov, desist order and impose a bond during and will be available for inspection the 60-day review period pursuant to 19 C. Authority during official business hours (8:45 a.m. U.S.C. 1337(j). Section 3507 of the Paperwork to 5:15 p.m.) in the Office of the Proposed respondents, other Reduction Act of 1995, 44 U.S.C. Secretary, U.S. International Trade interested parties, and members of the Chapter 35. Commission, 500 E Street SW, public are invited to file comments, not Washington, DC 20436, telephone (202) to exceed five (5) pages in length, Dated: March 1, 2019. 205–2000. inclusive of attachments, on any public Anna P. Guido, General information concerning the interest issues raised by the complaint Department Reports Management Officer, Commission may also be obtained by or § 210.8(b) filing. Comments should Office of the Chief Information Officer. accessing its internet server at United address whether issuance of the relief [FR Doc. 2019–04340 Filed 3–8–19; 8:45 am] States International Trade Commission specifically requested by the BILLING CODE 4210–67–P (USITC) at https://www.usitc.gov . The complainant in this investigation would public record for this investigation may affect the public health and welfare in

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the United States, competitive Filing Procedures 1). Persons with INTERNATIONAL TRADE conditions in the United States questions regarding filing should COMMISSION economy, the production of like or contact the Secretary (202–205–2000). directly competitive articles in the Notice of Receipt of Complaint; Any person desiring to submit a Solicitation of Comments Relating to United States, or United States document to the Commission in consumers. the Public Interest confidence must request confidential In particular, the Commission is treatment. All such requests should be AGENCY: U.S. International Trade interested in comments that: directed to the Secretary to the Commission. (i) Explain how the articles Commission and must include a full ACTION: Notice. potentially subject to the requested statement of the reasons why the SUMMARY: Notice is hereby given that remedial orders are used in the United Commission should grant such States; the U.S. International Trade treatment. See 19 CFR 201.6. Documents Commission has received a complaint (ii) identify any public health, safety, for which confidential treatment by the entitled Certain Bone Cements, or welfare concerns in the United States Commission is properly sought will be Components Thereof, and Products relating to the requested remedial treated accordingly. All such requests Containing the Same, DN 3371; the orders; should be directed to the Secretary to Commission is soliciting comments on (iii) identify like or directly the Commission and must include a full any public interest issues raised by the competitive articles that complainant, statement of the reasons why the complaint or complainant’s filing its licensees, or third parties make in the Commission should grant such pursuant to the Commission’s Rules of United States which could replace the treatment. See 19 CFR 201.6. Documents Practice and Procedure. subject articles if they were to be for which confidential treatment by the FOR FURTHER INFORMATION CONTACT: Lisa excluded; Commission is properly sought will be R. Barton, Secretary to the Commission, (iv) indicate whether complainant, treated accordingly. All information, U.S. International Trade Commission, complainant’s licensees, and/or third including confidential business 500 E Street SW, Washington, DC party suppliers have the capacity to information and documents for which 20436, telephone (202) 205–2000. The replace the volume of articles confidential treatment is properly public version of the complaint can be potentially subject to the requested sought, submitted to the Commission for accessed on the Commission’s exclusion order and/or a cease and purposes of this Investigation may be Electronic Document Information desist order within a commercially disclosed to and used: (i) By the System (EDIS) at https://edis.usitc.gov, reasonable time; and Commission, its employees and Offices, and will be available for inspection (v) explain how the requested and contract personnel (a) for during official business hours (8:45 a.m. remedial orders would impact United developing or maintaining the records to 5:15 p.m.) in the Office of the States consumers. of this or a related proceeding, or (b) in Secretary, U.S. International Trade internal investigations, audits, reviews, Commission, 500 E Street SW, Written submissions on the public Washington, DC 20436, telephone (202) and evaluations relating to the interest must be filed no later than by 205–2000. close of business, eight calendar days programs, personnel, and operations of General information concerning the after the date of publication of this the Commission including under 5 Commission may also be obtained by notice in the Federal Register. There U.S.C. Appendix 3; or (ii) by U.S. accessing its internet server at United will be further opportunities for government employees and contract States International Trade Commission comment on the public interest after the personnel 2, solely for cybersecurity (USITC) at https://www.usitc.gov. The issuance of any final initial purposes. All nonconfidential written public record for this investigation may determination in this investigation. Any submissions will be available for public be viewed on the Commission’s written submissions on other issues inspection at the Office of the Secretary Electronic Document Information should be filed no later than by close of and on EDIS 3. System (EDIS) at https://edis.usitc.gov. business nine calendar days after the Hearing-impaired persons are advised date of publication of this notice in the This action is taken under the authority of section 337 of the Tariff Act that information on this matter can be Federal Register. Complainant may file obtained by contacting the a reply to any written submission no of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s TDD terminal on (202) later than the date on which 205–1810. complainant’s reply would be due Commission’s Rules of Practice and SUPPLEMENTARY INFORMATION: The under § 210.8(c)(2) of the Commission’s Procedure (19 CFR 201.10, 210.8(c)). Commission has received a complaint Rules of Practice and Procedure (19 CFR By order of the Commission. and a submission pursuant to § 210.8(b) 210.8(c)(2)). Issued: March 5, 2019. of the Commission’s Rules of Practice Persons filing written submissions Katherine Hiner, and Procedure filed on behalf of must file the original document Acting Secretary to the Commission. Haraeus Medical LLC and Heraeus electronically on or before the deadlines [FR Doc. 2019–04362 Filed 3–8–19; 8:45 am] Medical GmbH on March 5, 2019. The stated above and submit 8 true paper complaint alleges violations of section copies to the Office of the Secretary by BILLING CODE 7020–02–P 337 of the Tariff Act of 1930 (19 U.S.C. noon the next day pursuant to § 210.4(f) 1337) in the importation into the United of the Commission’s Rules of Practice States, the sale for importation, and the and Procedure (19 CFR 210.4(f)). 1 Handbook for Electronic Filing Procedures: _ _ sale within the United States after Submissions should refer to the docket https://www.usitc.gov/documents/handbook on filing_procedures.pdf importation of certain bone cements, number (‘‘Docket No. 3370) in a 2 All contract personnel will sign appropriate components thereof and products prominent place on the cover page and/ nondisclosure agreements. containing the same. The complaint or the first page. (See Handbook for 3 Electronic Document Information System names as respondents: Zimmer Biomet Electronic Filing Procedures, Electronic (EDIS): https://edis.usitc.gov Holdings, Inc. of Warsaw, IN; Biomet,

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Inc. of Warsaw, IN; Zimmer determination in this investigation. Any personnel,2 solely for cybersecurity Orthopaedic Surgical Products, Inc. of written submissions on other issues purposes. All nonconfidential written Dover, OH; Zimmer Surgical, Inc. of should be filed no later than by close of submissions will be available for public Dover, OH; Biomet France S.A.R.L. of business nine calendar days after the inspection at the Office of the Secretary France; Biomet Deutschland GmbH of date of publication of this notice in the and on EDIS.3 Germany; Zimmer Biomet Deutschland Federal Register. Complainant may file This action is taken under the GmbH of Germany; Biomet Europe B.V. a reply to any written submission no authority of section 337 of the Tariff Act of Netherlands; Biomet Global Supply later than the date on which of 1930, as amended (19 U.S.C. 1337), Chain Center B.V. of Netherlands; complainant’s reply would be due and of §§ 201.10 and 210.8(c) of the Zimmer Biomet Nederland B.V. of under § 210.8(c)(2) of the Commission’s Commission’s Rules of Practice and Netherlands; Biomet Orthopedics, LLC Rules of Practice and Procedure (19 CFR Procedure (19 CFR 201.10, 210.8(c)). of Warsaw, IN; and Biomet 210.8(c)(2)). By order of the Commission. Orthopaedics Switzerland GmbH of Persons filing written submissions Issued: March 6, 2019. Switzerland. The complainant requests must file the original document Katherine Hine, that the Commission issue a limited electronically on or before the deadlines exclusion order and cease and desist Acting Secretary to the Commission. stated above and submit 8 true paper [FR Doc. 2019–04374 Filed 3–8–19; 8:45 am] orders. copies to the Office of the Secretary by Proposed respondents, other BILLING CODE 7020–02–P noon the next day pursuant to § 210.4(f) interested parties, and members of the of the Commission’s Rules of Practice public are invited to file comments, not and Procedure (19 CFR 210.4(f)). to exceed five (5) pages in length, INTERNATIONAL TRADE Submissions should refer to the docket inclusive of attachments, on any public COMMISSION number (‘‘Docket No. 3371’’) in a interest issues raised by the complaint prominent place on the cover page and/ or § 210.8(b) filing. Comments should Notice of Receipt of Complaint; or the first page. (See Handbook for address whether issuance of the relief Solicitation of Comments Relating to Electronic Filing Procedures, Electronic specifically requested by the the Public Interest Filing Procedures 1). Persons with complainant in this investigation would questions regarding filing should AGENCY: U.S. International Trade affect the public health and welfare in contact the Secretary (202–205–2000). Commission. the United States, competitive ACTION: Notice. conditions in the United States Any person desiring to submit a economy, the production of like or document to the Commission in SUMMARY: Notice is hereby given that directly competitive articles in the confidence must request confidential the U.S. International Trade United States, or United States treatment. All such requests should be Commission has received a complaint consumers. directed to the Secretary to the entitled Certain Photovoltaic Cells and In particular, the Commission is Commission and must include a full Products Containing Same, DN 3369; interested in comments that: statement of the reasons why the the Commission is soliciting comments (i) Explain how the articles Commission should grant such on any public interest issues raised by potentially subject to the requested treatment. See 19 CFR 201.6. Documents the complaint or complainant’s filing remedial orders are used in the United for which confidential treatment by the pursuant to the Commission’s Rules of States; Commission is properly sought will be Practice and Procedure. (ii) identify any public health, safety, treated accordingly. All such requests FOR FURTHER INFORMATION CONTACT: Lisa or welfare concerns in the United States should be directed to the Secretary to R. Barton, Secretary to the Commission, relating to the requested remedial the Commission and must include a full U.S. International Trade Commission, orders; statement of the reasons why the 500 E Street SW, Washington, DC (iii) identify like or directly Commission should grant such 20436, telephone (202) 205–2000. The competitive articles that complainant, treatment. See 19 CFR 201.6. Documents public version of the complaint can be its licensees, or third parties make in the for which confidential treatment by the accessed on the Commission’s United States which could replace the Commission is properly sought will be Electronic Document Information subject articles if they were to be treated accordingly. All information, System (EDIS) at https://edis.usitc.gov, excluded; including confidential business and will be available for inspection (iv) indicate whether complainant, information and documents for which during official business hours (8:45 a.m. complainant’s licensees, and/or third confidential treatment is properly to 5:15 p.m.) in the Office of the party suppliers have the capacity to sought, submitted to the Commission for Secretary, U.S. International Trade replace the volume of articles purposes of this Investigation may be Commission, 500 E Street, SW potentially subject to the requested disclosed to and used: (i) By the Washington, DC 20436, telephone (202) exclusion order and/or a cease and Commission, its employees and Offices, 205–2000. desist order within a commercially and contract personnel (a) for General information concerning the reasonable time; and developing or maintaining the records Commission may also be obtained by (v) explain how the requested of this or a related proceeding, or (b) in accessing its internet server at United remedial orders would impact United internal investigations, audits, reviews, States International Trade Commission States consumers. and evaluations relating to the Written submissions on the public (USITC) at https://www.usitc.gov . The programs, personnel, and operations of public record for this investigation may interest must be filed no later than by the Commission including under 5 close of business, eight calendar days be viewed on the Commission’s U.S.C. Appendix 3; or (ii) by U.S. Electronic Document Information after the date of publication of this government employees and contract notice in the Federal Register. There 2 All contract personnel will sign appropriate will be further opportunities for 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. comment on the public interest after the https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System issuance of any final initial filing_procedures.pdf. (EDIS): https://edis.usitc.gov

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System (EDIS) at https://edis.usitc.gov. (i) Explain how the articles directed to the Secretary to the Hearing-impaired persons are advised potentially subject to the requested Commission and must include a full that information on this matter can be remedial orders are used in the United statement of the reasons why the obtained by contacting the States; Commission should grant such Commission’s TDD terminal on (202) (ii) identify any public health, safety, treatment. See 19 CFR 201.6. Documents 205–1810. or welfare concerns in the United States for which confidential treatment by the SUPPLEMENTARY INFORMATION: The relating to the requested remedial Commission is properly sought will be Commission has received a complaint orders; treated accordingly. All such requests and a submission pursuant to § 210.8(b) (iii) identify like or directly should be directed to the Secretary to of the Commission’s Rules of Practice competitive articles that complainant, the Commission and must include a full and Procedure filed on behalf of its licensees, or third parties make in the statement of the reasons why the Hanwha Q CELLS USA Inc. and United States which could replace the Commission should grant such Hanwha Q CELLS & Advanced subject articles if they were to be treatment. See 19 CFR 201.6. Documents Materials Corporation on March 4, 2019. excluded; for which confidential treatment by the The complaint alleges violations of (iv) indicate whether complainant, Commission is properly sought will be section 337 of the Tariff Act of 1930 (19 complainant’s licensees, and/or third treated accordingly. All information, U.S.C. 1337) in the importation into the party suppliers have the capacity to including confidential business United States, the sale for importation, replace the volume of articles information and documents for which and the sale within the United States potentially subject to the requested confidential treatment is properly after importation of certain photovoltaic exclusion order and/or a cease and sought, submitted to the Commission for cells and products containing same. The desist order within a commercially purposes of this Investigation may be complaint names as respondents: reasonable time; and disclosed to and used: (i) By the JinkoSolar Holding Co., Ltd. c/o Conyers (v) explain how the requested Commission, its employees and Offices, Trust Company (Cayman) Limited of remedial orders would impact United and contract personnel (a) for Cayman Islands; JinkoSolar (U.S.) Inc. of States consumers. developing or maintaining the records Written submissions on the public San Francisco, CA; Jinko Solar (U.S.) of this or a related proceeding, or (b) in interest must be filed no later than by Industries Inc. of San Francisco, CA; internal investigations, audits, reviews, close of business, eight calendar days Jinko Solar Co., Ltd. of China; Zhejiang and evaluations relating to the after the date of publication of this Jinko Solar Co., Ltd. of China; Jinko programs, personnel, and operations of notice in the Federal Register. There Solar Technology Sdn. Bhd. of the Commission including under 5 will be further opportunities for Malaysia; LONGi Solar Technology Co., U.S.C. Appendix 3; or (ii) by U.S. comment on the public interest after the Ltd. of China; LONGi Green Energy government employees and contract issuance of any final initial 2 Technology Co., Ltd. of China; LONGi personnel , solely for cybersecurity determination in this investigation. Any (H.K.) Trading Ltd. of Hong Kong; purposes. All nonconfidential written written submissions on other issues LONGi (Kuching) Sdn. Bhd. of submissions will be available for public should be filed no later than by close of Malaysia; Taizhou LONGi Solar inspection at the Office of the Secretary business nine calendar days after the 3 Technology Ltd. of China; Zhejiang and on EDIS . date of publication of this notice in the LONGi Solar Technology Ltd. of China; This action is taken under the Federal Register. Complainant may file Hefei LONGi Solar Technology Ltd. of authority of section 337 of the Tariff Act a reply to any written submission no China; LONGi Solar Technology (U.S.) of 1930, as amended (19 U.S.C. 1337), later than the date on which Inc. of San Ramon, CA; REC Solar and of §§ 201.10 and 210.8(c) of the complainant’s reply would be due Holdings AS of Norway; REC Solar Pte. Commission’s Rules of Practice and under § 210.8(c)(2) of the Commission’s Ltd. of Singapore; and REC Americas, Procedure (19 CFR 201.10, 210.8(c)). Rules of Practice and Procedure (19 CFR LLC of San Mateo, CA. The complainant By order of the Commission. 210.8(c)(2)). requests that the Commission issue a Persons filing written submissions Issued: March 5, 2019. limited exclusion order and a cease and must file the original document Katherine Hiner, desist order and impose a bond during electronically on or before the deadlines Acting Secretary to the Commission. the 60-day review period pursuant to 19 stated above and submit 8 true paper [FR Doc. 2019–04363 Filed 3–8–19; 8:45 am] U.S.C. 1337(j). copies to the Office of the Secretary by BILLING CODE 7020–02–P Proposed respondents, other noon the next day pursuant to § 210.4(f) interested parties, and members of the of the Commission’s Rules of Practice public are invited to file comments, not and Procedure (19 CFR 210.4(f)). DEPARTMENT OF JUSTICE to exceed five (5) pages in length, Submissions should refer to the docket inclusive of attachments, on any public number (‘‘Docket No. 3369) in a Antitrust Division interest issues raised by the complaint prominent place on the cover page and/ or § 210.8(b) filing. Comments should United States v. Thales S.A. and or the first page. (See Handbook for address whether issuance of the relief Gemalto N.V.; Proposed Final Electronic Filing Procedures, Electronic specifically requested by the Judgment and Competitive Impact Filing Procedures 1). Persons with complainant in this investigation would Statement questions regarding filing should affect the public health and welfare in contact the Secretary (202–205–2000). the United States, competitive Notice is hereby given pursuant to the Any person desiring to submit a conditions in the United States Antitrust Procedures and Penalties Act, document to the Commission in economy, the production of like or 15 U.S.C. 16(b)–(h), that a proposed confidence must request confidential directly competitive articles in the Final Judgment, Stipulation, and treatment. All such requests should be United States, or United States 2 All contract personnel will sign appropriate consumers. 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. In particular, the Commission is https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System interested in comments that: filing_procedures.pdf (EDIS): https://edis.usitc.gov.

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Competitive Impact Statement have I. NATURE OF THE ACTION including but not limited to GP HSMs, been filed with the United States 1. Thales intends to acquire all of the payment HSMs, and encryption and key District Court for the District of outstanding ordinary shares of Gemalto management software and hardware. Columbia in United States of America v. for approximately $5.64 billion. Thales Thales sells GP HSMs to customers Thales S.A. and Gemalto N.V., Civil and Gemalto are the world’s leading worldwide, including government and Action No. 1:19–cv–00569–BAH. On providers of general purpose (GP) commercial organizations throughout February 28, 2019, the United States hardware security modules (HSMs) and the United States, under the brand name filed a Complaint alleging that Thales are significant direct competitors in the nShield. In 2008, Thales acquired S.A.’s proposed acquisition of Gemalto United States. nCipher, a company that specialized in N.V. would violate Section 7 of the 2. Organizations, including cryptographic security and sold, among Clayton Act, 15 U.S.C. 18. The proposed corporations and governmental other things, GP HSMs under the brand Final Judgment, filed at the same time agencies, use GP HSMs to protect their name nCipher. After that acquisition, as the Complaint, requires Thales S.A. most sensitive data. GP HSMs are Thales changed the brand name of those to divest to an acquirer, subject to the hardened, tamper-resistant hardware GP HSMs to nShield. United States’ approval, its General devices that strengthen data security by, 6. Pursuant to its commitments to the Purpose HSM Products business. among other things, making encryption European Commission, entered into on Copies of the Complaint, proposed key generation and management, data November 7, 2018, Thales has agreed to Final Judgment, and Competitive Impact encryption and decryption, and digital divest its nShield business. As part of Statement are available for inspection signature creation and verification more these commitments, Thales has on the Antitrust Division’s website at secure. GP HSMs are used to achieve separated the nShield business and http://www.justice.gov/atr and at the higher levels of data security and to related assets and personnel from the Office of the Clerk of the United States meet or exceed established and rest of its businesses and appointed a District Court for the District of emerging industry and regulatory hold separate manager whose Columbia. Copies of these materials may standards for cybersecurity. responsibility it is to manage the be obtained from the Antitrust Division 3. Together, Thales and Gemalto nShield business as a distinct and upon request and payment of the dominate the U.S. market for GP HSMs separate entity from the businesses copying fee set by Department of Justice and face limited competition from a retained by Thales until the divestiture regulations. few, much smaller rivals. Thales and is completed. This new business unit is Public comment is invited within 60 Gemalto are each other’s closest operating under the name nCipher days of the date of this notice. Such competitors. They compete head-to- Security. comments, including the name of the head in the development, marketing, 7. Gemalto is an international digital submitter, and responses thereto, will be service, and sale of GP HSMs. Thales’ security company incorporated in the posted on the Antitrust Division’s proposed acquisition of Gemalto would Netherlands with its principal office in website, filed with the Court, and, under eliminate this competition, resulting in Amsterdam. Gemalto is active globally certain circumstances, published in the higher prices; lower quality products, in providing authentication and data Federal Register. Comments should be support, and service; and reduced protection technology, platforms, and directed to Aaron Hoag, Chief, innovation. services in five main areas: (i) banking Technology and Financial Services 4. Accordingly, the transaction is and payment; (ii) enterprise and Section, Antitrust Division, Department likely to substantially lessen cybersecurity; (iii) government; (iv) of Justice, 450 Fifth Street NW, Suite competition in the provision of GP mobile; and (v) machine-to-machine 7100, Washington, DC 20530 HSMs in the United States, in violation Internet of Things. In 2017, Gemalto had (telephone: 202–307–6153). of Section 7 of the Clayton Act, 15 global revenue of approximately $3.7 U.S.C. § 18, and should be enjoined. billion, operations in forty-eight Patricia A. Brink, countries, and approximately 15,000 Director of Civil Enforcement. II. DEFENDANTS AND THE employees. Gemalto develops, markets, PROPOSED ACQUISITION United States District Court for the and sells GP HSMs, as well as other District of Columbia 5. Thales is an international company security solutions and services incorporated in France with its including but not limited to payment United States of America, United States principal office in Paris. Thales is active HSMs and encryption and key Department of Justice Antitrust Division, 450 globally in five main industries: (i) management software and hardware. In Fifth Street NW, Suite 7100, Washington, DC the United States, Gemalto sells its 20530, Plaintiff, v. Thales S.A. Tour Carpe aeronautics; (ii) space; (iii) ground Diem, 31 Place des Corolles—CS 20001, transportation; (iv) defense; and (v) products and services primarily through 92098 Paris La Defense Cedex, France, and security. In 2017, it had global revenue SafeNet, Inc. (based in Belcamp, Gemalto N.V. Barbara Strozzilaan 382, of approximately $19.6 billion, Maryland), SafeNet Assured Amsterdam, The Netherlands, 1083 HN operations in fifty-six countries, and Technologies, LLC (based in Abingdon, Defendants. approximately 65,100 employees. Maryland), and Gemalto Inc. (based in Case No.: 1:19-cv-00569-BAH Thales eSecurity is a business unit of Austin, Texas). Gemalto sells GP HSMs Judge: Beryl A. Howell Thales. Thales eSecurity primarily to customers worldwide, including COMPLAINT encompasses three legal entities: (1) government and commercial Thales eSecurity Inc. (based in the organizations throughout the United The United States of America, acting United States with offices in Plantation, States, under the brand name SafeNet under the direction of the Attorney Florida; San Jose, California; and Luna. General of the United States, brings this Boston, Massachusetts), (2) Thales UK 8. On December 17, 2017, Thales and civil action to enjoin the acquisition of Ltd. (based in the United Kingdom), and Gemalto entered into an agreement on a Gemalto N.V. (Gemalto) by Thales S.A. (3) Thales Transport & Security HK Ltd. recommended all-cash offer by Thales to (Thales) and to obtain other equitable (based in Hong Kong). Thales eSecurity acquire all of the issued and outstanding relief. The United States alleges as specializes in developing, marketing, ordinary shares of Gemalto for follows: and selling data security products approximately $5.64 billion.

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III. JURISDICTION, VENUE, AND algorithms are virtually impossible to process in order to be validated at a INTERSTATE COMMERCE decipher using today’s technology, particular FIPS 140-2 level. Although 9. The United States brings this action attackers who want unauthorized access software-only modules can be validated under Section 15 of the Clayton Act, 15 to sensitive data generally focus their under FIPS 140-2, due to increasingly U.S.C. § 25, to prevent and restrain efforts on obtaining private encryption stringent security requirements, Defendants from violating Section 7 of keys instead of trying to break the organizations must use an HSM to attain the Clayton Act, 15 U.S.C. § 18. This encryption algorithm directly. With the Level 3 security. Thales and Gemalto Court has subject-matter jurisdiction right key, an attacker can freely access both provide highly secure GP HSMs over this action under Section 15 of the an organization’s sensitive data. that have been validated at FIPS 140-2, Clayton Act, 15 U.S.C. § 25, and 28 Moreover, a lost or corrupted key could Level 3. U.S.C. §§ 1331, 1337(a), and 1345. make encrypted data unrecoverable by 16. Thales and Gemalto sell GP HSMs 10. Defendants market, sell, and the organization. Organizations and related services directly to end-user service their products, including their therefore must implement processes and organizations, to resellers who often GP HSMs, throughout the United States products that create, maintain, protect, combine the GP HSMs with additional and regularly and continuously transact and control their encryption keys in a security products or services, and to business and transmit data in manner that safeguards against cloud service providers (CSPs) who then connection with these activities in the improper access or use while sell GP HSM services, or HSM-as-a- flow of interstate commerce, which has simultaneously ensuring the keys are service (HSMaaS), to their cloud a substantial effect upon interstate readily available when required for customers. The leading CSPs purchase commerce. authorized use. GP HSMs from third-party suppliers, 11. Defendants consent to personal 14. GP HSMs provide the most secure including Thales and Gemalto. 17. There are, however, many jurisdiction and venue in this district. way for organizations to effectively organizations that are reluctant to move This Court has personal jurisdiction manage and protect their encryption their sensitive data to the cloud and use over each Defendant and venue is keys, and many U.S. organizations use HSMaaS because of security concerns. proper under Section 12 of the Clayton them to protect their most sensitive These organizations continue to rely, to Act, 15 U.S.C. § 22, and 28 U.S.C. § data. GP HSMs are tamper-resistant at least some degree, on purchasing and 1391(b) and (c). hardware environments for secure encryption processing and key using their own GP HSMs to protect IV. THE RELEVANT MARKET management. GP HSMs provide their sensitive data. 18. GP HSMs typically must be A. Industry Background additional security as compared to software-based key management integrated into or configured to operate 12. Many U.S. organizations, solutions because they are isolated from within an organization’s existing IT including commercial enterprises and the host information technology (IT) environment. An organization needs government agencies, use, transmit, and environment and segregate encryption assurance that a GP HSM will be an maintain sensitive electronic data. The keys from encrypted data and effective component of what may be an universe of sensitive electronic data has encryption applications. GP HSMs also already complex data security been expanding rapidly and relates to a enable organizations to implement infrastructure. Because of this, the GP wide range of subjects, such as strong authentication regimes for key HSM sales process typically includes a personally identifiable information, management administrators that prevent comprehensive exchange of information classified information, health records, unauthorized access. between the potential customer financial information, tax records, trade 15. GP HSMs are typically organization and GP HSM supplier. secrets and other confidential business independently validated to confirm they 19. Once an organization has installed information, software code, and other provide a level of security specified by a GP HSM into its IT environment and nonpublic information. Access to this various standards. Certifications of is using it to protect its keys and to data is often critical to an organization’s compliance with these standards provide a secure data encryption ability to operate effectively and provides assurance to customers that GP environment, any breakdowns or efficiently. Inappropriate use, theft, HSMs satisfy certain minimum security malfunctions in the GP HSM could not corruption, or disclosure of this data performance benchmarks. For example, only compromise the sensitive data but could result in significant harm to an U.S. GP HSM customers frequently rely also jeopardize the organization’s ability organization’s customers or constituents on the Federal Information Processing to perform day-to-day tasks that are and the organization itself. Standard (FIPS) 140-2 to assess the level necessary for the organization to carry 13. U.S. organizations increasingly of security provided by a particular GP out its business. Post-sales customer rely on encryption as a crucial HSM. FIPS 140-2 is a standard defined support and service are therefore component of the security measures by the U.S. National Institute of essential conduct carried out by implemented to safeguard sensitive data Standards, which is part of the U.S. successful GP HSM suppliers. Many from internal and external threats. Department of Commerce. The standard customers will not even consider a Encryption is a process that converts is mandatory for U.S. government IT potential GP HSM supplier who has not readable data (plain text) into an security systems that use cryptographic established a strong reputation for unreadable format (cipher text) using an modules to protect sensitive but providing quality GP HSMs and algorithm and an encryption key. unclassified information. Commercial continuous and effective post-sales Decryption is the reverse of encryption, enterprises also rely heavily on the service and support. Thales and converting cipher text back to plain text. standard to assess the security provided Gemalto both have strong reputations Encryption algorithms are based on by cryptographic modules. FIPS 140-2 for high-quality post-sales service and highly complex math and are often comprises four increasing, qualitative support. Thales and Gemalto provide standardized and open source. levels of security—Levels 1 through 4— this service and support to their direct Encryption keys consist of a randomly for cryptographic modules used to customers and indirectly to other generated series of numbers or pairs of protect sensitive information. customers by assisting their resellers. randomly generated prime numbers, Cryptographic modules go through an 20. Thales and Gemalto both create expressed in bits. Because encryption expensive and time consuming testing and maintain confidential price lists for

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their respective GP HSMs, additional GP of the proposed acquisition under terms of functionality and ability to HSM components and accessories, and Section 7 of the Clayton Act, 15 U.S.C. interoperate with a wide range of services. Confidential discount rates are § 18. encryption solutions and IT resources. then applied to the price list to Moreover, a new entrant, as well as any V. ANTICOMPETITIVE EFFECTS OF determine the prices that are applicable existing GP HSM provider seeking to THE PROPOSED ACQUISITION to resellers. Thales and Gemalto expand and become a viable competitor authorize, customer-by-customer, 24. Together, Thales and Gemalto in the supply of GP HSMs for use by confidential discounts from the prices dominate the GP HSM market in the individual organizations in the United on the price list, and in the case of United States. Thales and Gemalto are States in on-premises security solutions, resellers, additional discounts to the the two leading providers of GP HSMs would need to spend significant time discounted prices already available to in the United States, with individual and effort to demonstrate its ability to the reseller. Thales and Gemalto market shares of approximately 30% provide quality GP HSMs for such use regularly approve significant discounts and 36%, respectively, and a combined and continuous, high-quality post-sales on GP HSMs when competing against market share of approximately 66%. service in the United States. It is each other. Thales’ proposed acquisition of Gemalto unlikely that any such entry or likely would substantially lessen B. Relevant Market expansion effort would produce an competition and harm customers in the economically viable alternative to the 21. GP HSMs are most frequently U.S. GP HSM market by eliminating merged firm in time to counteract the included as components of complex head-to-head competition between the competitive harm likely to result from encryption solutions used by two leading suppliers in the United the proposed transaction. government and private organizations to States. The acquisition likely would 28. Defendants cannot demonstrate safeguard their most sensitive data. Use result in higher prices, lower quality, merger-specific, verifiable efficiencies of GP HSMs is often specified by reduced choice, and reduced sufficient to offset the proposed regulations, industry standards, or an innovation. Thales’ proposed merger’s likely anticompetitive effects. organization’s auditors or security acquisition of Gemalto would policies, or is otherwise deemed substantially increase market VII. VIOLATION ALLEGED necessary to safeguard the concentration in an already highly 29. The United States incorporates the organization’s most sensitive data or concentrated market. The proposed allegations of paragraphs 1 through 28 provide the organization’s customers or acquisition violates Section 7 of the above. constituents with confidence that their Clayton Act. 30. The proposed acquisition of sensitive data will be adequately 25. Thales and Gemalto currently Gemalto by Thales is likely to protected. Organizations that use GP compete head-to-head and their substantially lessen competition for the HSMs have determined that less respective GP HSMs are each other’s development and supply of GP HSMs in expensive alternatives to GP HSMs, closest substitutes. Thales and Gemalto the United States in violation of Section such as software-based key management regularly approve significant discounts 7 of the Clayton Act, 15 U.S.C. § 18. solutions, provide inadequate security on GP HSMs when competing against 31. Unless enjoined, the proposed for their most sensitive data. Some each other. Competition between the acquisition likely will have the organizations will not even use cloud- two companies has also spurred following anticompetitive effects, based GP HSMaaS, and, if they do, will innovation in the past. Thales’ proposed among others: require an on-premises GP HSM to acquisition of Gemalto would eliminate (a) actual and potential competition provide an additional layer of this head-to-head competition and between Thales and Gemalto in the encryption security for encryption keys reduce innovation, in addition to development, sale, and service of GP stored in a cloud-based GP HSM. Many significantly increasing concentration in HSMs in the United States will be customers are unwilling to entrust the a highly concentrated market. As a eliminated; protection of their most sensitive data to result, Thales would emerge as the (b) competition in the development, HSMaaS provided by a CSP. In order to clearly dominant provider of GP HSMs sale, and service of GP HSMs in the provide HSMaaS to those customers that in the United States with the ability to United States in general will be are willing to outsource at least some exercise substantial market power, substantially lessened; their GP HSM needs, CSPs purchase GP increasing the likelihood that Thales (c) prices of GP HSMs will increase; HSMs from the Defendants and the could unilaterally increase prices or (d) improvements or upgrades to the Defendants’ GP HSM competitors. reduce its efforts to improve the quality quality or functionality of GP HSMs will 22. Defendants market, sell, and of its products and services. be less frequent and less substantial; service GP HSMs for use by (e) the quality of service for GP HSMs VI. ABSENCE OF COUNTERVAILING organizations across the United States. will decline; and FACTORS Because GP HSMs are used to protect an (f) organizations in the United States organization’s most sensitive data, U.S. 26. It is unlikely that any firm would that require GP HSMs for use in on- customers require GP HSM suppliers to enter the relevant product and premises security solutions will be possess the demonstrated ability to geographic markets alleged herein in a especially vulnerable to an exercise of provide both high-quality GP HSMs and timely manner sufficient to defeat the market power by the merged firm. high-quality post-sales service and likely anticompetitive effects of the support in the United States. proposed acquisition. Successful entry VIII. REQUEST FOR RELIEF 23. A hypothetical GP HSM in the development, marketing, sale, 32. The United States requests that monopolist could profitably impose a and service of GP HSMs is difficult, this Court: small but significant and non-transitory time-consuming, and costly. (a) adjudge and decree that Thales’ increase in price on GP HSM customers 27. Any new entrant would be proposed acquisition of Gemalto would in the United States. Accordingly, GP required to expend significant time and be unlawful and would violate Section HSMs sold to U.S. customers is a capital to design and develop a series of 7 of the Clayton Act, 15 U.S.C. § 18; relevant market for purposes of GP HSMs that are at least comparable to (b) permanently enjoin and restrain analyzing the likely competitive effects Defendants’ GP HSM product lines in Defendants and all persons acting on

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their behalf from carrying out the adjudication of any issue of fact or law E. ‘‘Transaction’’ means Thales’ December 17, 2017, agreement on a and without this Final Judgment acquisition of Gemalto through a public recommended all-cash offer by Thales to constituting any evidence against or offer by Thales for all issued and acquire all of the issued and outstanding admission by any party regarding any outstanding ordinary shares of Gemalto ordinary shares of Gemalto, or from issue of fact or law; pursuant to the Merger Agreement entering into or carrying out any other AND WHEREAS, Defendants agree to between Thales and Gemalto dated contract, agreement, plan, or be bound by the provisions of this Final December 17, 2017. understanding, or taking any other Judgment pending its approval by the F. ‘‘Confidential Information’’ means action, to combine Thales and Gemalto; Court; non-public information related to the (c) award the United States its costs AND WHEREAS, the essence of this Divestiture Assets. for this action; and Final Judgment is the prompt and G. ‘‘Divestiture Assets’’ means Thales’ (d) award the United States such other certain divestiture of certain rights or GP HSM Products business, including: and further relief as this Court deems assets by Defendants to assure that (1) all tangible assets primarily related just and proper. competition is not substantially to the production, operation, research, development, sale, or support of any GP Dated: February 28, 2019 lessened; HSM Product, including but not limited AND WHEREAS, the United States Respectfully submitted, to manufacturing equipment, tooling requires Defendants to make certain FOR PLAINTIFF UNITED STATES OF and fixed assets, computers, tapes, divestitures for the purpose of AMERICA: disks, other storage devices, other IT remedying the loss of competition lllllllllllllllllllll hardware, equipment used in research alleged in the Complaint; Makan Delrahim (D.C. Bar # 457795), and development, testing equipment, Assistant Attorney General for Antitrust. AND WHEREAS, Defendants have tools used in design or simulation, lllllllllllllllllllll represented to the United States that the personal property, inventory, office Bernard A. Nigro, Jr. (D.C. Bar # 412357), divestitures required below can and will furniture, materials, supplies, and other Deputy Assistant Attorney General. be made and that Defendants will later lllllllllllllllllllll tangible property; raise no claim of hardship or difficulty (2) all Shared Intangible Assets; and Patricia A. Brink, as grounds for asking the Court to Director of Civil Enforcement. (3) all other intangible assets modify any of the divestiture provisions primarily related to the production, lllllllllllllllllllll contained below; operation, research, development, sale, Aaron D. Hoag, NOW THEREFORE, before any Chief, Technology and Financial Services. or support of any GP HSM Product, testimony is taken, without trial or lllllllllllllllllllll including but not limited to (i) licenses, adjudication of any issue of fact or law, Danielle G. Hauck, permits, certifications, and Adam T. Severt, and upon consent of the parties, it is authorizations issued by any Assistant Chiefs, Technology and Financial ORDERED, ADJUDGED, AND governmental organization; contracts or Services Section. DECREED: portions of contracts, teaming lllllllllllllllllllll I. JURISDICTION arrangements, agreements, leases, Kelly M. Schoolmeester, commitments, certifications, and (D.C. Bar # 1008354), This Court has jurisdiction over the understandings, including supply Maureen T. Casey, subject matter of and each of the parties agreements; customer lists, histories, (D.C. Bar # 415893) to this action. The Complaint states a contracts, accounts, and credit records; (D.C. Bar # 1019454), claim upon which relief may be granted repair and performance records; Chinita M. Sinkler, against Defendants under Section 7 of documentation relating to software Bindi R. Bhagat, the Clayton Act, as amended (15 U.S.C. development and changes; manuals and Cory Brader Leuchten, § 18). R. Cameron Gower, technical information Defendants Ryan T. Karr, II. DEFINITIONS provide to their own employees, David J. Shaw, (D.C. Bar # 996525), customers, suppliers, agents, or Aaron Comenetz, (D.C. Bar # 479572), As used in this Final Judgment: licensees; data and records relating to Kent Brown, A. ‘‘Acquirer’’ means the entity to historic and current research and Attorneys for the United States, United States whom Defendants divest the Divestiture development efforts, including but not Department of Justice, Antitrust Division, 450 Assets. limited to designs of experiments and Fifth Street, NW, Suite 7100, Washington, B. ‘‘Thales’’ means Defendant Thales the results of successful and D.C. 20530, Tel.: (202) 598-2693, Fax: (202) S.A., a French corporation with its unsuccessful experiments; records 616-8544, Email: principal office in Paris, France; its [email protected]. relating to designs or simulations, safety successors and assigns; and its procedures for the handling of materials United States District Court for the subsidiaries, divisions, groups, and substances, and quality assurance District of Columbia affiliates, partnerships, and joint and control procedures; and other United States of America, Plaintiff, v. ventures, and their directors, officers, records; and (ii) intellectual property Thales S.A. and Gemalto N.V., Defendants. managers, agents, and employees. rights, including but not limited to Case No.: 1:19-cv-00569-BAH C. ‘‘Gemalto’’ means Defendant patents, licenses and sublicenses, Judge: Beryl A. Howell Gemalto N.V., a Netherlands copyrights, trademarks, trade names, corporation with its headquarters in service marks, service names, technical PROPOSED FINAL JUDGMENT Amsterdam; its successors and assigns; information, computer software and WHEREAS, Plaintiff, United States of and its subsidiaries, divisions, groups, related documentation, know-how, America, filed its Complaint on affiliates, partnerships, and joint trade secrets, drawings, blueprints, February 28, 2019, the United States ventures, and their directors, officers, designs, design protocols, specifications and Defendants, Thales S.A. and managers, agents, and employees. for materials, and specifications for Gemalto N.V., by their respective D. ‘‘Defendants’’ means Thales and parts and devices (but not including the attorneys, have consented to the entry of Gemalto, acting individually or name ‘‘THALES’’ in any trademark, this Final Judgment without trial or collectively. domain name, trade name, or service).

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The Divestiture Assets include but are B. If, prior to complying with Section asset in the manner specified on not limited to: CodeSafe, nShield IV and Section V of this Final Judgment, Schedule 1, and (b) for any other Shared Remote Administration, nShield Bring Defendants sell or otherwise dispose of Intangible Asset transferred to Acquirer Your Own Key, Key Authority (at the all or substantially all of their assets or under this paragraph, Acquirer shall option of Acquirer), and Security World of lesser business units that include the provide Defendants a non-exclusive, Architecture and monitoring tool Divestiture Assets, Defendants shall perpetual, worldwide, fully paid-up nShield Monitor. The Divestiture Assets require the purchaser to be bound by the license to use (or, at the Acquirer’s do not include any assets owned by provisions of this Final Judgment. option, a covenant not to sue Gemalto prior to the closing of the Defendants need not obtain such an Defendants for using) the asset in the Transaction. agreement from the acquirer of the manner in which it is currently used, or H. ‘‘Divestiture Closing Date’’ means assets divested pursuant to this Final currently under development for use, in the date on which Thales divests the Judgment. relation to any Thales product other than GP HSM Products. Divestiture Assets to Acquirer. IV. DIVESTITURES I. ‘‘GP HSM Product’’ means a (2) For each Shared Intangible Asset hardened, tamper-resistant general A. Defendants are ordered and listed on Schedule 2 and any other purpose hardware security module and directed, within thirty-five (35) calendar Shared Intangible Asset that has been includes all add-ons, value-added days following the signing by the parties used, or has been under development features, and accessories. ‘‘GP HSM of the Stipulation and Order in this for use, primarily in relation to Thales’ matter or five (5) calendar days after the Product’’ does not include the business relating to products other than notice of entry of this Final Judgment by Vormetric Data Security Manager, but GP HSM Products, Defendants shall the Court, whichever is later, to divest does include any GP HSM Product that provide Acquirer a, perpetual, the Divestiture Assets to Acquirer in a is incorporated into or otherwise used worldwide, fully paid-up license to use manner consistent with this Final with the Vormetric Data Security (or, at the Acquirer’s option, a covenant Judgment. The United States, in its sole Manager. not to sue Acquirer for use of) the asset. discretion, may agree to one or more At the Acquirer’s option, such licenses J. ‘‘Regulatory Approvals’’ means any extensions of this time period and shall shall (i) be exclusive in relation to GP approvals or clearances pursuant to notify the Court in such circumstances. HSM Products and/or (ii) include non- filings with the Committee on Foreign If Acquirer, and/or Defendants, as exclusive rights in relation to products Investments in the United States applicable, have initiated contact with other than GP HSM products. (‘‘CFIUS’’), or under antitrust, any governmental unit to seek any C. In accomplishing the divestiture competition, or other U.S. or Regulatory Approval within five (5) ordered by this Final Judgment, international laws in connection with calendar days after the United States Defendants promptly shall make known, Acquirer’s acquisition of the Divestiture provides written notice pursuant to by usual and customary means, the Assets. Paragraph VI(C) that it does not object availability of the Divestiture Assets. K. ‘‘Relevant Personnel’’ means all to the proposed Acquirer, the period Defendants shall inform any person Thales employees who have supported shall be extended (if necessary) until making an inquiry regarding a possible or whose job related to the Divestiture fifteen (15) calendar days after such purchase of the Divestiture Assets that Assets at any time between July 1, 2017 Regulatory Approval is received. The they are being divested pursuant to this and the Divestiture Closing Date. extension allowed for Regulatory Final Judgment and provide that person L. ‘‘Retained Solution’’ means any Approvals shall be no longer than with a copy of this Final Judgment. solution that is sold by Defendants, ninety (90) calendar days, unless further Defendants shall offer to furnish to all including but not limited to Vormetric extended by the United States, in its prospective Acquirers, subject to Data Security Manager, Vormetric sole discretion. Nothing in this section customary confidentiality assurances, Transparent Encryption, CipherTrust shall require Defendants to divest the all information and documents relating Cloud Key Manager, SafeNet KeySecure, Divestiture Assets earlier than five (5) to the Divestiture Assets customarily SafeNet Virtual KeySecure, SafeNet calendar days after the closing of the provided in a due diligence process, ProtectApp, and any upgrades, Transaction. Defendants agree to use except information or documents revisions, or new versions of any such their best efforts to divest the subject to the attorney-client privilege or solutions, in each case solely to the Divestiture Assets as expeditiously as work-product doctrine. Defendants shall extent such solution has interfaced or possible. make available such information to the interoperated with any of the B. For Divestiture Assets that are United States at the same time that such Divestiture Assets at any time since Shared Intangible Assets, the divestiture information is made available to any January 1, 2017. shall be completed in the following other person. M. ‘‘Shared Intangible Assets’’ means manner: D. Defendants shall permit intangible assets that are used, or have (1) For each Shared Intangible Asset prospective Acquirers of the Divestiture been under development for use as of listed on Schedule 1 and any other Assets to have reasonable access to January 7, 2019, in relation to (i) Thales’ Shared Intangible Asset that has been personnel and to make inspections of GP HSM Products business and (ii) used, or has been under development the physical facilities included in the Thales’ business relating to products for use, primarily in relation to Thales’ Divestiture Assets; access to any and all other than GP HSM Products. GP HSM Products business, Thales shall environmental, zoning, and other permit transfer or otherwise assign to Acquirer documents and information; and access III. APPLICABILITY all of Thales’ ownership interest or to any and all financial, operational, or A. This Final Judgment applies to other rights in the Shared Intangible other documents and information Thales and Gemalto, as defined above, Asset, and (a) for any asset listed on customarily provided as part of a due and all other persons in active concert Schedule 1, Acquirer shall provide diligence process. or participation with any of them who Defendants a non-exclusive, perpetual, E. Defendants shall not take any receive actual notice of this Final worldwide, fully paid-up license to use action that will impede in any way the Judgment by personal service or (or, at the Acquirer’s option, a covenant permitting, operation, or divestiture of otherwise. not to sue Defendants for using) the the Divestiture Assets.

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F. Employees divestiture pursuant to this Final negotiate an agreement within thirty (1) Within ten (10) business days Judgment or pursuant to Paragraph (30) calendar days providing for the following the filing of the Complaint in IV(F)(7) of this Final Judgment, unless transfer or licensing of such assets in a this matter, Thales shall provide to (a) such individual is terminated or laid period to be determined by the United Acquirer, the United States, and the off by Acquirer or (b) Acquirer agrees in States in consultation with the Monitoring Trustee organization charts writing that Thales may solicit or hire Defendants. The terms of any such including any Relevant Personnel for that individual. transfer or license agreement shall be (6) Nothing in Paragraph IV(F) shall each year since July 1, 2017. Within ten commercially reasonable and must be prohibit Thales from maintaining any (10) business days of receiving a request acceptable to the United States, in its reasonable restrictions on the disclosure from Acquirer, Thales shall provide, sole discretion. by any employee who accepts an offer subject to applicable law, to Acquirer, of employment with Acquirer of Thales’ I. Transition Services the United States, and the Monitoring proprietary non-public information that Trustee, additional information related is (a) not otherwise required to be At the option of Acquirer, on or before to identified Relevant Personnel, disclosed by this Final Judgment, (b) the Divestiture Closing Date, Thales including name, job title, reporting related solely to Thales’ retained shall enter into transition services or relationships, past experience, and businesses and clients, and (c) unrelated reverse transition services agreements to responsibilities from July 1, 2017 to the Divestiture Assets. provide any transition services through the Divestiture Closing Date, (7) Acquirer’s right to hire Relevant reasonably necessary to allow Acquirer training and educational history, Personnel pursuant to Paragraph to operate any Divestiture Assets or to relevant certifications, job performance IV(F)(2) and Thales’ obligations under facilitate the transfer of Thales facilities evaluations, and current salary and Paragraph IV(F)(3) shall remain in effect to Acquirer. Thales will provide benefits information to enable Acquirer for a period of ninety (90) days after the transition services under any such to make offers of employment. Divestiture Closing Date. agreement for an initial period of up to (2) Upon request by the Acquirer, one (1) year, on terms and conditions Thales shall make Relevant Personnel G. Asset Warranties reasonably related to market conditions available for interviews with Acquirer In addition to any other warranties in for the provision of the relevant during normal business hours at a the divestiture-related agreements services, subject to the approval of the mutually agreeable location. Defendants entered into by Defendants, Thales shall United States in its sole discretion. will not interfere with any negotiations warrant to Acquirer (a) that each asset Upon Acquirer’s request, the United by Acquirer to employ any Relevant will be operational and without material States, in its sole discretion, may Personnel. Interference includes but is defect as of the Divestiture Closing Date; approve one or more extensions of any not limited to offering to increase the (b) that there are no material defects in such agreement for a total of up to an salary or benefits of Relevant Personnel the environmental, zoning, or other additional one (1) year. other than as part of an increase in permits pertaining to the operation of salary or benefits granted in the the Divestiture Assets; and (c) that, J. Third-Party Agreements ordinary course of business. following the sale of the Divestiture At Acquirer’s option, on or before the (3) For any Relevant Personnel who Assets, Defendants will not undertake, Divestiture Closing Date, Thales shall elect employment with Acquirer as part directly or indirectly, any challenges to use its best efforts to assign or otherwise of the divestiture required by this Final the environmental, zoning, or other transfer to Acquirer all transferable or Judgment, or pursuant to Paragraph permits relating to the operation of the assignable agreements, or any assignable IV(F)(7) of this Final Judgment, Thales Divestiture Assets. shall waive all non-compete and non- portions thereof, included in the disclosure agreements (except as noted H. Additional Assets Divestiture Assets, including but not in Paragraph IV(F)(6)), vest all unvested In addition to any other remedial limited to customer contracts, licenses, pension and other equity rights, and provisions in the divestiture-related and collaborations. If Thales is unable to provide all benefits which those agreements entered into by Defendants, assign or transfer any such agreements, Relevant Personnel would be provided for a period of up to one (1) year Thales shall use best efforts to ensure if transferred to a buyer of an ongoing following the Divestiture Closing Date, that Acquirer is put in the same business. if Acquirer determines that any assets economic position as if such agreements (4) For a period of two (2) years from not included in the Divestiture Assets were assigned or transferred to Acquirer the Divestiture Closing Date, Thales may were related to the GP HSM Products on the Divestiture Closing Date. The not solicit to hire Relevant Personnel business and reasonably necessary for terms and conditions of any contractual who were hired by Acquirer as part of the continued competitiveness of the arrangement intended to satisfy this the divestiture required by this Final divested GP HSM Products business, it provision must be reasonably related to Judgment, or pursuant to Paragraph shall notify the United States, the market conditions for the provision of IV(F)(7) of this Final Judgment, unless Monitoring Trustee, and the Defendants such services. (a) such individual is terminated or laid in writing that it requires such assets. If, K. Licenses, Registrations, and Permits off by Acquirer or (b) Acquirer agrees in after taking into account Acquirer’s writing that Thales may solicit or hire assets and business and providing Thales will make best efforts to assist that individual; provided, however, that Defendants an opportunity to Acquirer with acquiring new licenses, nothing in this paragraph shall be demonstrate that such assets were not registrations, and permits to support the construed as prohibiting Defendants related to, and/or not reasonably Divestiture Assets and, until Acquirer from utilizing general solicitations or necessary for the continued has the necessary licenses, registrations, advertisements. competitiveness of the divested GP and permits, Thales will provide (5) For a period of one (1) year from HSM Products business, the United Acquirer with the benefit of Thales’ the Divestiture Closing Date, Thales may States, in its sole discretion, determines licenses, registrations, and permits in not hire Relevant Personnel who were that such assets should be transferred or Acquirer’s operation of the Divestiture hired by Acquirer as part of the licensed, Defendants and Acquirer will Assets to the extent permissible by law.

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L. Interoperability or its customers in the field of use of GP divestiture to an Acquirer acceptable to (1) In order for the Divestiture Assets HSM Products all U.S. or international the United States, in its sole discretion, to have the uninterrupted ability to patents, patent applications, or rights at such price and on such terms as are interface and interoperate with any related to a patent or patent application then obtainable upon reasonable effort solution that is provided by Defendants, (e.g., continuation, continuation-in-part, by the Divestiture Trustee, subject to the for two (2) years following the date of divisional, counterpart foreign provisions of Sections IV and V of this Final Judgment, and shall have such sale of the Divestiture Assets, application, or related international patent application filed under the Patent other powers as the Court deems Defendants shall continue to enable, at Cooperation Treaty), with a priority date appropriate. Subject to Paragraph V(D) cost and on the same quality and terms, or invention date prior to the closing of of this Final Judgment, the Divestiture the interface and interoperation between the Transaction (a) related to the Trustee may hire at the cost and any GP HSM Product offered by Divestiture Assets and (b) owned, expense of Defendants any agents, Acquirer using the Divested Assets and controlled, licensed, or used by Thales investment bankers, attorneys, any Retained Solutions to the extent prior to the closing of the Transaction. accountants, or consultants, who shall such interface or interoperation existed N. Unless the United States otherwise be solely accountable to the Divestiture at any time since January 1, 2017 in the consents in writing, the divestiture Trustee, reasonably necessary in the then-current release of that Retained pursuant to Section IV or by the Divestiture Trustee’s judgment to assist Solution. Defendants shall, upon Divestiture Trustee appointed pursuant in the divestiture. Any such agents or receiving a written request from to Section V of this Final Judgment shall consultants shall serve on such terms Acquirer at least thirty (30) calendar include the entire Divestiture Assets and conditions as the United States days before expiration of the second and shall be accomplished in such a approves, including confidentiality year, continue to provide the capability way as to satisfy the United States, in its requirements and conflict of interest covered by this Section for another one sole discretion, that the Divestiture certifications. (1) year, if approved by the United Assets can and will be used by Acquirer C. Defendants shall not object to a sale States in its sole discretion. (approval of which is in the United by the Divestiture Trustee on any (2) Defendants may impose, as a States’ sole discretion) as part of a ground other than the Divestiture condition of enabling any interface and viable, ongoing business of the Trustee’s malfeasance. Any such interoperation that is required by production, operation, research, objections by Defendants must be Paragraph IV(L)(1), conditions that are development, sale, and support of the conveyed in writing to the United States reasonably related to maintaining the GP HSM Products. The divestitures, and the Divestiture Trustee within ten security, integrity, and confidentiality of whether pursuant to Section IV or (10) calendar days after the Divestiture customer data or the composition or Section V of this Final Judgment, Trustee has provided the notice means of operation of the applicable (1) shall be made to an Acquirer that, required under Section VI. Retained Solution, except that in the United States’ sole judgment, has D. The Divestiture Trustee shall serve Defendants may not impose conditions the intent and capability (including the at the cost and expense of Defendants that are materially less favorable than necessary managerial, operational, pursuant to a written agreement, on the conditions under which Defendants technical, and financial capability) of such terms and conditions as the United provide or would provide an interface competing effectively in the business of States approves, including and interoperation between any of producing, operating, researching, confidentiality requirements and Defendants’ GP HSMs and any Retained developing, selling, and supporting GP conflict of interest certifications. The Solution. HSM Products; and Divestiture Trustee shall account for all (3) Defendants shall not change, (2) shall be accomplished so as to monies derived from the sale of the during the period of Defendants’ satisfy the United States, in its sole assets sold by the Divestiture Trustee obligations under Paragraph IV(L)(1), discretion, that none of the terms of any and all costs and expenses so incurred. except for good cause, the format of any agreement between an Acquirer and After approval by the Court of the interface and interoperation that is Defendants give Defendants the ability Divestiture Trustee’s accounting, required by Paragraph IV(L)(1). For any unreasonably to raise the Acquirer’s including fees for any of its services yet such change, Defendants shall provide costs, to lower the Acquirer’s efficiency, unpaid and those of any professionals adequate notice and information for or otherwise to interfere in the ability of and agents retained by the Divestiture Acquirer to modify its Divested Assets, the Acquirer to compete effectively. Trustee, all remaining money shall be including any such products that are paid to Defendants and the trust shall already installed with customers, to use V. APPOINTMENT OF DIVESTITURE then be terminated. The compensation the new format without disruption. TRUSTEE of the Divestiture Trustee and any (4) Defendants shall take all A. If Defendants have not divested the professionals and agents retained by the reasonable steps to cooperate with and Divestiture Assets to Acquirer within Divestiture Trustee shall be reasonable assist Acquirer in obtaining any third- the time period specified in Paragraph in light of the value of the Divestiture party license or permission that may be IV(A), Defendants shall notify the Assets and based on a fee arrangement required for Defendants to convey, United States of that fact in writing. that provides the Divestiture Trustee license, sublicense, assign, or otherwise Upon application of the United States, with incentives based on the price and transfer to Acquirer rights, any interface the Court shall appoint a Divestiture terms of the divestiture and the speed or interoperability required by Trustee selected by the United States with which it is accomplished, but the Paragraph IV(L)(1), or the use of any and approved by the Court to effect the timeliness of the divestiture is data transmitted as a result of any such divestiture of the Divestiture Assets. paramount. If the Divestiture Trustee interface or interoperation. B. After the appointment of a and Defendants are unable to reach Divestiture Trustee becomes effective, agreement on the Divestiture Trustee’s M. Patents only the Divestiture Trustee shall have or any agents’ or consultants’ Thales shall provide a worldwide, the right to sell the Divestiture Assets. compensation or other terms and non-exclusive, irrevocable, perpetual The Divestiture Trustee shall have the conditions of engagement within covenant not to assert against Acquirer power and authority to accomplish the fourteen (14) calendar days of the

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appointment of the Divestiture Trustee, not be filed in the public docket of the Acquirer or any other aspect of the the United States may, in its sole Court. The Divestiture Trustee shall at proposed divestiture. If the United discretion, take appropriate action, the same time furnish such report to the States provides written notice that it including making a recommendation to United States, which shall have the does not object, the divestiture may be the Court. The Divestiture Trustee shall, right to make additional consummated, subject only to within three (3) business days of hiring recommendations consistent with the Defendants’ limited right to object to the any other agents or consultants, provide purpose of the trust. The Court sale under Paragraph V(C) of this Final written notice of such hiring and the thereafter shall enter such orders as it Judgment. Absent written notice that the rate of compensation to Defendants and shall deem appropriate to carry out the United States does not object to the the United States. purpose of the Final Judgment, which proposed Acquirer(s) or upon objection E. Defendants shall use their best may, if necessary, include extending the by the United States, a divestiture efforts to assist the Divestiture Trustee trust and the term of the Divestiture proposed under Section IV or Section V in accomplishing the required Trustee’s appointment by a period shall not be consummated. Upon divestiture. The Divestiture Trustee and requested by the United States. objection by Defendants under any agents or consultants retained by H. If the United States determines that Paragraph V(C), a divestiture proposed the Divestiture Trustee shall have full the Divestiture Trustee has ceased to act under Section V shall not be and complete access to the personnel, or failed to act diligently or in a consummated unless approved by the books, records, and facilities of the reasonably cost-effective manner, the Court. business to be divested, and Defendants United States may recommend the Court shall provide or develop financial and appoint a substitute Divestiture Trustee. VII. FINANCING other information relevant to such Neither Thales nor Gemalto shall VI. NOTICE OF PROPOSED business as the Divestiture Trustee may finance all or any part of any purchase DIVESTITURE reasonably request, subject to reasonable made pursuant to this Final Judgment. protection for trade secrets; other A. Within two (2) business days following execution of a definitive VIII. HOLD SEPARATE AND ASSET confidential research, development, or PRESERVATION commercial information; or any divestiture agreement, Defendants or the applicable privileges. Defendants shall Divestiture Trustee, whichever is then Until the divestiture required by this take no action to interfere with or to responsible for effecting the divestiture Final Judgment has been accomplished, impede the Divestiture Trustee’s required herein, shall notify the United Defendants shall take all steps necessary accomplishment of the divestiture. States of any proposed divestiture to comply with the Stipulation and F. After its appointment, the required by Section IV or Section V of Order entered by the Court. Defendants Divestiture Trustee shall file monthly this Final Judgment. If the Divestiture shall take no action that would reports with the United States and, as Trustee is responsible, it shall similarly jeopardize the divestiture ordered by the appropriate, the Court, setting forth the notify Defendants. The notice shall set Court. forth the details of the proposed Divestiture Trustee’s efforts to IX. AFFIDAVITS accomplish the divestiture ordered divestiture and list the name, address, under this Final Judgment. To the extent and telephone number of each person A. Within twenty (20) calendar days such reports contain information that not previously identified who offered or of the filing of the Complaint in this the Divestiture Trustee deems expressed an interest in or desire to matter, and every thirty (30) calendar confidential, such reports shall not be acquire any ownership interest in the days thereafter until the divestiture has filed in the public docket of the Court. Divestiture Assets, together with full been completed under Section IV or Such reports shall include the name, details of the same. Section V, Thales and Gemalto shall address, and telephone number of each B. Within fifteen (15) calendar days of deliver to the United States an affidavit, person who, during the preceding receipt by the United States of such signed by each defendant’s Chief month, made an offer to acquire, notice, the United States may request Financial Officer and General Counsel, expressed an interest in acquiring, from Defendants, the proposed which shall describe the fact and entered into negotiations to acquire, or Acquirer(s), any other third party, or the manner of Defendants’ compliance with was contacted or made an inquiry about Divestiture Trustee, if applicable, Section IV or Section V of this Final acquiring any interest in the Divestiture additional information concerning the Judgment. Each such affidavit shall Assets and shall describe in detail each proposed divestiture, the proposed include the name, address, and contact with any such person. The Acquirer(s), and any other potential telephone number of each person who, Divestiture Trustee shall maintain full Acquirer. Defendants and the during the preceding thirty (30) records of all efforts made to divest the Divestiture Trustee shall furnish any calendar days, made an offer to acquire, Divestiture Assets. additional information requested within expressed an interest in acquiring, G. If the Divestiture Trustee has not fifteen (15) calendar days of the receipt entered into negotiations to acquire, or accomplished the divestiture ordered of the request, unless the parties shall was contacted or made an inquiry about under this Final Judgment within six (6) otherwise agree. acquiring, any interest in the Divestiture months after its appointment, the C. Within thirty (30) calendar days Assets, and shall describe in detail each Divestiture Trustee shall promptly file after receipt of the notice or within contact with any such person during with the Court a report setting forth (1) twenty (20) calendar days after the that period. Each such affidavit shall the Divestiture Trustee’s efforts to United States has been provided the also include a description of the efforts accomplish the required divestiture; (2) additional information requested from Defendants have taken to solicit buyers the reasons, in the Divestiture Trustee’s Defendants, the proposed Acquirer(s), for the Divestiture Assets, and to judgment, why the required divestiture any third party, and the Divestiture provide required information to has not been accomplished; and (3) the Trustee, whichever is later, the United prospective Acquirers, including the Divestiture Trustee’s recommendations. States shall provide written notice to limitations, if any, on such information. To the extent such reports contain Defendants and the Divestiture Trustee, Assuming the information set forth in information that the Divestiture Trustee if there is one, stating whether or not, the affidavit is true and complete, any deems confidential, such reports shall in its sole discretion, it objects to the objection by the United States to

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information provided by Thales and D. Defendants shall not object to appropriate, the Court setting forth Gemalto, including limitation on actions taken by the Monitoring Trustee Defendants’ efforts to comply with information, shall be made within in fulfillment of the Monitoring Defendants’ obligations under this Final fourteen (14) calendar days of receipt of Trustee’s responsibilities under any Judgment and under the Stipulation and such affidavit. Order of the Court on any ground other Order. To the extent such reports B. Within twenty (20) calendar days than the Monitoring Trustee’s contain information that the Monitoring of the filing of the Complaint in this malfeasance. Any such objections by Trustee deems confidential, such matter, Defendants shall deliver to the Defendants must be conveyed in writing reports shall not be filed in the public United States and the Monitoring to the United States and the Monitoring docket of the Court. Trustee an affidavit that describes in Trustee within ten (10) calendar days I. The Monitoring Trustee shall serve reasonable detail all actions Defendants after the action taken by the Monitoring until the divestiture of all the have taken and all steps Defendants Trustee giving rise to Defendants’ Divestiture Assets is finalized pursuant have implemented on an ongoing basis objection. to either Section IV or Section V of this to comply with Section VIII of this Final E. The Monitoring Trustee shall serve Final Judgment, any agreement entered Judgment. Each of the Defendants shall at the cost and expense of Defendants, into pursuant to Paragraph IV(I) has deliver to the United States and the pursuant to a written agreement with expired, and until Thales’ obligations Monitoring Trustee an affidavit Defendants and on such terms and pursuant to Paragraphs IV(F) and IV(H) describing any changes to the efforts conditions as the United States have concluded, unless the United and actions outlined in Defendants’ approves, including confidentiality States, in its sole discretion, terminates earlier affidavits filed pursuant to this requirements and conflict of interest earlier or extends this period. Section within fifteen (15) calendar days certifications. The compensation of the J. If the United States determines that after the change is implemented. Monitoring Trustee and any agents or the Monitoring Trustee has ceased to act C. Defendants shall keep all records of consultants retained by the Monitoring or failed to act diligently or in a all efforts made to preserve and divest Trustee shall be on reasonable and reasonably cost-effective manner, it may the Divestiture Assets until one (1) year customary terms commensurate with recommend the Court appoint a after such divestiture has been the individuals’ experience and substitute Monitoring Trustee. completed. responsibilities. If the Monitoring XI. PROTECTION OF CONFIDENTIAL X. APPOINTMENT OF MONITORING Trustee and Defendants are unable to INFORMATION TRUSTEE reach agreement on the Monitoring Trustee’s or any agents’ or consultants’ A. Thales and Gemalto shall A. Upon application of the United compensation or other terms and States, the Court shall appoint a implement and maintain reasonable conditions of engagement within procedures to prevent the disclosure or Monitoring Trustee selected by the fourteen (14) calendar days of the United States and approved by the use of Confidential Information for any appointment of the Monitoring Trustee, purpose other than: Court. the United States may, in its sole (1) in connection with complying B. The Monitoring Trustee shall have discretion, take appropriate action, with this Final Judgment; the power and authority to monitor including making a recommendation to (2) in connection with complying Defendants’ compliance with the terms the Court. The Monitoring Trustee shall, with regulatory, financial reporting, of this Final Judgment and the within three (3) business days of hiring Stipulation and Order entered by the any agents or consultants, provide audit, legal, compliance, or similar Court and shall have such other powers written notice of such hiring and the administrative purposes; or as the Court deems appropriate. The rate of compensation to Defendants and (3) Defendants’ use of Shared Monitoring Trustee shall be required to the United States. Intangible Assets as permitted by this investigate and report on the F. The Monitoring Trustee shall have Final Judgment. Defendants’ compliance with this Final no responsibility or obligation for the B. Any representative of Thales who Judgment and the Stipulation and operation of Defendants’ businesses. possesses any Confidential Information Order, and Defendants’ progress toward G. Defendants shall use their best shall disclose or use such information effectuating the purposes of this Final efforts to assist the Monitoring Trustee only to the extent necessary to perform Judgment, including but not limited to in monitoring Defendants’ compliance activities authorized in Paragraph XI(A). reviewing (1) the implementation and with their individual obligations under C. Defendants shall implement execution of the compliance plan this Final Judgment and under the procedures to prevent Confidential required by Section XI, and (2) any Stipulation and Order. The Monitoring Information from being used or accessed applications by the Acquirer for Trustee and any agents or consultants by representatives of Defendants other additional employees or assets under retained by the Monitoring Trustee shall than those with a need for such Paragraphs IV(F) and IV(H) respectively. have full and complete access to the information in connection with the C. Subject to Paragraph X(E) of this personnel, books, records, and facilities permitted uses set forth in Paragraph Final Judgment, the Monitoring Trustee relating to compliance with this Final XI(A) (such procedures constituting a may hire at the cost and expense of Judgment, subject to reasonable ‘‘compliance plan’’). Defendants’ Defendants any agents, investment protection for trade secrets; other compliance plan shall include bankers, attorneys, accountants, or confidential research, development, or identification of an individual with consultants, who shall be solely commercial information; or any primary responsibility for implementing accountable to the Monitoring Trustee, applicable privileges. Defendants shall the compliance plan, monitoring reasonably necessary in the Monitoring take no action to interfere with or to adherence to the compliance plan, Trustee’s judgment. Any such agents or impede the Monitoring Trustee’s taking measures against individuals consultants shall serve on such terms accomplishment of its responsibilities. who fail to adhere to the compliance and conditions as the United States H. After its appointment, the plan, and developing instruction approves, including confidentiality Monitoring Trustee shall file reports materials and providing instruction to requirements and conflict of interest semiannually, or more frequently as Defendants’ representatives relating to certifications. needed, with the United States and, as their obligations under this Section.

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D. Defendants shall, within twenty affidavits describing such violations such information or documents to (20) business days of the entry of the will be furnished to the United States which a claim of protection may be Stipulation and Order, submit to the and the Monitoring Trustee within five asserted under Rule 26(c)(1)(G) of the United States and the Monitoring (5) days of the discovery of a violation. Federal Rules of Civil Procedure, and Trustee a document setting forth in F. The provisions of this Section shall Defendants mark each pertinent page of detail the compliance plan. Upon expire five (5) years after the Divestiture such material, ‘‘Subject to claim of receipt of the document, the United Closing Date. protection under Rule 26(c)(1)(G) of the States shall notify the Defendants XII. COMPLIANCE INSPECTION Federal Rules of Civil Procedure,’’ then within twenty (20) business days the United States shall give Defendants whether, in its sole discretion, it A. For the purposes of determining or ten (10) calendar days’ notice prior to approves of or rejects the compliance securing compliance with this Final divulging such material in any legal plan. In the event that the compliance Judgment, or of any related orders such proceeding (other than a grand jury plan is rejected, the United States shall as any Stipulation and Order or of proceeding). provide the reasons for the rejection. determining whether the Final XIII. NOTIFICATION OF FUTURE Defendants shall be given the Judgment should be modified or TRANSACTIONS opportunity to submit, within ten (10) vacated, and subject to any legally- business days of receiving a notice of recognized privilege, from time to time A. Unless such transaction has a value rejection, a revised compliance plan. If authorized representatives of the United less than $10 million or is otherwise Defendants cannot agree with the States, including the Monitoring Trustee subject to the reporting and waiting United States on a compliance plan, the or any other agents and consultants period requirements of the Hart-Scott- United States shall have the right to retained by the United States, shall, Rodino Antitrust Improvements Act of request that this Court rule on whether upon written request of an authorized 1976, as amended, 15 U.S.C. § 18a (the the Defendants’ proposed compliance representative of the Assistant Attorney ‘‘HSR Act’’), Defendants, without plan fulfills the requirements of Section General in charge of the Antitrust providing advance notification to the XI. Division and on reasonable notice to United States, shall not directly or E. Defendants shall: Defendants, be permitted: indirectly acquire any assets of or any (1) furnish a copy of this Final (1) access during Defendants’ office interest, including any financial, Judgment and related Competitive hours to inspect and copy or, at the security, loan, equity, or management Impact Statement within five (5) option of the United States, to require interest, in any company that business days of entry of the Final Defendants to provide electronic copies researches, develops, or manufactures Judgment to (a) each officer, director, of all books, ledgers, accounts, records, GP HSM Products during the term of and any other employee who possesses, data, and documents in the possession, this Final Judgment. will possess, or may receive custody, or control of Defendants B. Such notification shall be provided Confidential Information; relating to any matters contained in this to the United States in the same format (2) furnish a copy of this Final Final Judgment; and as, and per the instructions relating to, Judgment and related Competitive (2) to interview, either informally or the Notification and Report Form set Impact Statement to any successor to a on the record, Defendants’ officers, forth in the Appendix to Part 803 of person designated in Paragraph XI(C) employees, or agents, who may have Title 16 of the Code of Federal upon assuming that position; their individual counsel present, Regulations as amended, except that the (3) annually brief each person regarding such matters. The interviews information requested in Items 5 designated in Paragraph XI(C) on the shall be subject to the reasonable through 8 of the instructions must be meaning and requirements of this Final convenience of the interviewee and provided only about GP HSM Products Judgment and the antitrust laws; and without restraint or interference by and related services. Notification shall (4) obtain from each person Defendants. be provided at least thirty (30) calendar designated in Paragraph XI(C), within B. Upon the written request of an days prior to acquiring any such ten (10) business days of that person’s authorized representative of the interest, and shall include, beyond what receipt of the Final Judgment and Assistant Attorney General in charge of may be required by the applicable annually thereafter for five (5) years, a the Antitrust Division, Defendants shall instructions, the names of the principal certification that he or she (a) has read submit written reports or responses to representatives of the parties to the and, to the best of his or her ability, written interrogatories, under oath if agreement who negotiated the understands and agrees to abide by the requested, relating to any of the matters agreement, and any management or terms of this Final Judgment; (b) is not contained in this Final Judgment as may strategic plans discussing the proposed aware of any violation of the Final be requested. transaction. If within the 30-day period Judgment that has not been reported to C. No information or documents after notification, representatives of the the company; and (c) understands that obtained by the means provided in United States make a written request for any person’s failure to comply with this Section XI shall be divulged by the additional information, Defendants shall Final Judgment may result in an United States to any person other than not consummate the proposed enforcement action for civil or criminal an authorized representative of the transaction or agreement until thirty contempt of court against each executive branch of the United States, (30) calendar days after submitting all Defendant or any person who violates except in the course of legal proceedings such additional information. Early this Final Judgment; and to which the United States is a party termination of the waiting periods in (5) six (6) months from the Divestiture (including grand jury proceedings), for this Paragraph may be requested and, Closing Date and annually thereafter for the purpose of securing compliance where appropriate, granted in the same five (5) years, furnish an affidavit to the with this Final Judgment, or as manner as is applicable under the United States and the Monitoring otherwise required by law. requirements and provisions of the HSR Trustee, certifying compliance with D. If at the time that Defendants Act and rules promulgated thereunder. Section XI. For five (5) years following furnish information or documents to the Section XIII shall be broadly construed the Divestiture Closing Date, if United States, Defendants represent and and any ambiguity or uncertainty violations of Section XI are found, identify in writing the material in any regarding the filing of notice under

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Section XII shall be resolved in favor of laws and to restore all competition the terminated upon notice by the United filing notice. United States alleged was harmed by the States to the Court and Defendants that challenged conduct. Defendants agree the divestitures have been completed XIV. NO REACQUISITION OF that they may be held in contempt of, and that the continuation of the Final DIVESTITURE ASSETS and that the Court may enforce, any Judgment no longer is necessary or in Defendants may not reacquire any provision of this Final Judgment that, as the public interest. part of the Divestiture Assets during the interpreted by the Court in light of these XVIII. PUBLIC INTEREST term of this Final Judgment. procompetitive principles and applying DETERMINATION XV. RETENTION OF JURISDICTION ordinary tools of interpretation, is stated specifically and in reasonable detail, Entry of this Final Judgment is in the The Court retains jurisdiction to whether or not it is clear and public interest. The parties have enable any party to this Final Judgment unambiguous on its face. In any such complied with the requirements of the to apply to the Court at any time for interpretation, the terms of this Final Antitrust Procedures and Penalties Act, further orders and directions as may be Judgment should not be construed 15 U.S.C. § 16, including making copies necessary or appropriate to carry out or against either party as the drafter. available to the public of this Final construe this Final Judgment, to modify C. In any enforcement proceeding in Judgment, the Competitive Impact any of its provisions, to enforce which the Court finds that Defendants Statement, any comments thereon, and compliance, and to punish violations of have violated this Final Judgment, the the United States’ responses to its provisions. United States may apply to the Court for comments. Based upon the record XVI. ENFORCEMENT OF FINAL a one-time extension of this Final before the Court, which includes the JUDGMENT Judgment, together with such other Competitive Impact Statement and any relief as may be appropriate. In comments and responses to comments A. The United States retains and connection with any successful effort by filed with the Court, entry of this Final reserves all rights to enforce the the United States to enforce this Final Judgment is in the public interest. provisions of this Final Judgment, Judgment against a Defendant, whether Date: llllllllllllllllll including the right to seek an order of litigated or resolved prior to litigation, contempt from the Court. Defendants that Defendant agrees to reimburse the [Court approval subject to procedures of agree that in any civil contempt action, Antitrust Procedures and Penalties Act, 15 United States for the fees and expenses U.S.C. § 16] any motion to show cause, or any of its attorneys, as well as any other lllllllllllllllllllll similar action brought by the United costs including experts’ fees, incurred in United States District Judge States regarding an alleged violation of connection with that enforcement effort, this Final Judgment, the United States including in the investigation of the Schedule 1 may establish a violation of the decree potential violation. Shared Intangible Assets Transferred to and the appropriateness of any remedy Acquirer and Licensed Back to therefor by a preponderance of the XVII. EXPIRATION OF FINAL Defendants evidence, and Defendants waive any JUDGMENT argument that a different standard of Unless the Court grants an extension, In each case the ‘‘Field of Use for proof should apply. this Final Judgment shall expire ten (10) License-Back to Defendants‘‘ is limited B. The Final Judgment should be years from the date of its entry, except to the manner in which the listed asset interpreted to give full effect to the that after five (5) years from the date of is currently used, or currently under procompetitive purposes of the antitrust its entry, this Final Judgment may be development for use. PATENTS

Title Patent/application No. Jurisdiction Field of use for license-back to defendants

A method of data transfer, a method of controlling use BR11201801525–44 ..... Brazil ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 3013687 ...... Canada ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 20178000986.41 ...... China ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 17704057.3 ...... European Patent Office .... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 2018–540867 ...... Japan ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use PCT/GB2017/050264 ... Patent Cooperation Treaty (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 10–2018–7025706 ...... Republic of Korea ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 1602088.5 ...... United Kingdom ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method of data transfer, a method of controlling use 16/075575 ...... United States ...... (1) Payment HSMs and their derived applications and of data and a cryptographic device. (2) encryption software products (not including key management). A method and system of securely enforcing a com- GB2413880 ...... United Kingdom ...... Payment HSMs and their derived applications. puter policy.

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PATENTS—Continued

Title Patent/application No. Jurisdiction Field of use for license-back to defendants

Cryptographic security module method and apparatus GB2409387 ...... United Kingdom ...... Payment HSMs and their derived applications. Secure transmission of data within a distributed com- GB2404535 ...... United Kingdom ...... Encryption software products. puter system. Secure transmission of data within a distributed com- US7266705 ...... United States of America Encryption software products. puter system. Controlling access to a resource by a program using CA2400940 ...... Canada ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using EP1257892 ...... Switzerland ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using EP1257892 ...... Germany ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using EP1257892 ...... France ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using EP1257892 ...... United Kingdom ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using EP1257892 ...... Ireland ...... Payment HSMs and their derived applications. a digital signature. Controlling access to a resource by a program using US7900239 ...... United States of America Payment HSMs and their derived applications. a digital signature.

SOFTWARE

Category Software Field of use for license-back to defendants

External API ...... SmartCards ...... Payment HSMs and their derived applications. TVD (Remote Admin) ...... Payment HSMs and their derived applications. CodeSafe ...... CodeSafe v2 ...... Payment HSMs and their derived applications. Remote Administration ...... JavaCard Applet ...... Payment HSMs and their derived applications. Solo XC Source ...... security-processor ...... Payment HSMs and their derived applications. signinglinfra ...... Payment HSMs and their derived applications.

Schedule 2 Impact Statement relating to the required to make certain divestures for Shared Intangible Assets Retained proposed Final Judgment submitted for the purpose of remedying the loss of by Thales and Licensed to Acquirer entry in this civil antitrust proceeding. competition in the U.S. market for GP HSMs that would have resulted from the I. NATURE AND PURPOSE OF THE merger. Under the terms of the SOFTWARE PROCEEDING Stipulation and Order, Defendants will Category Software Defendant Thales S.A. (Thales) and take certain steps to ensure that the Defendant Gemalto N.V. (Gemalto) divested GP HSM Products business is Cipher Trust Monitor .. Cipher Trust Monitor com- entered into an agreement, dated operated as a competitively mon code. December 17, 2017, pursuant to which Agate. independent, economically viable and Augite. Thales would acquire, by means of an ongoing business concern, that will Bauxite. all-cash tender offer, all of the remain independent and uninfluenced Cordierite. outstanding ordinary shares of Gemalto by the consummation of the acquisition, Fabric core / Authorizer. for approximately $5.64 billion. The Fabric core / building-block- and that competition is maintained template. United States filed a civil antitrust during the pendency of the ordered Fabric core / crypto. Complaint on February 28, 2019, divestiture. The United States and TD & Fabric Activities Fabric core / protector. seeking to enjoin the proposed Defendants have stipulated that the FIDO U2F. acquisition. The Complaint alleges that Granite. proposed Final Judgment may be OpenID Connect Study. the likely effect of this acquisition entered after compliance with the Phenakite. would be to substantially lessen APPA. Entry of the proposed Final Pyrite. competition in the provision of General TLS Token Binding Study. Judgment would terminate this action, Purpose (GP) Hardware Security except that the Court would retain Modules (HSMs) in the United States in jurisdiction to construe, modify, or United States District Court for the violation of Section 7 of the Clayton District of Columbia enforce the provisions of the proposed Act, 15 U.S.C. § 18. This loss of Final Judgment and to punish violations United States of America, Plaintiff, v. competition likely would result in thereof. Thales S.A. and Gemalto N.V., Defendants. higher prices for GP HSMs as well as a Case No.: 1:19-cv-00569-BAH reduction in quality, product support, II. DESCRIPTION OF THE EVENTS Judge: Beryl A. Howell and innovation. GIVING RISE TO THE ALLEGED At the same time the Complaint was VIOLATION COMPETITIVE IMPACT filed, the United States filed a STATEMENT A. The Defendants and the Proposed Stipulation and Order and proposed Transaction Plaintiff United States of America Final Judgment, which are designed to (United States), pursuant to Section 2(b) eliminate the anticompetitive effects of Thales is an international company of the Antitrust Procedures and the acquisition. Under the proposed incorporated in France with its Penalties Act (APPA or Tunney Act), 15 Final Judgment, which is explained principal office in Paris. Thales is active U.S.C. § 16(b)-(h), files this Competitive more fully below, Defendants are globally in five main industries: (i)

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aeronautics; (ii) space; (iii) ground the United States, Gemalto sells its could make encrypted data transportation; (iv) defense; and (v) products and services primarily through unrecoverable by the organization. security. In 2017, it had global revenue SafeNet, Inc. (based in Belcamp, Organizations therefore must implement of approximately $19.6 billion, Maryland), SafeNet Assured processes that safeguard against operations in fifty-six countries, and Technologies, LLC (based in Abingdon, improper use of the encryption keys approximately 65,100 employees. Maryland), and Gemalto Inc. (based in while simultaneously ensuring they are Thales eSecurity is a business unit of Austin, Texas). Gemalto sells GP HSMs readily available when required for Thales that primarily encompasses three to customers worldwide, including authorized use. legal entities: (1) Thales eSecurity Inc. government and commercial GP HSMs provide the most secure (based in the United States with offices organizations throughout the United way for organizations to effectively in Plantation, Florida; San Jose, States, under the brand name SafeNet manage and protect their encryption California; and Boston, Massachusetts); Luna. keys, and many organizations use them (2) Thales UK Ltd. (based in the United The proposed acquisition of Gemalto to protect their most sensitive data. Key Kingdom); and (3) Thales Transport & by Thales, as initially agreed to by management functionality is also Security HK Ltd. (based in Hong Kong). Defendants on December 17, 2017, available from software-based solutions. Thales eSecurity specializes in would lessen competition substantially While these software solutions are developing, marketing, and selling data in the U.S. market for GP HSMs. This generally less expensive than GP HSMs, security products, including but not acquisition is the subject of the GP HSMs are more secure. GP HSMs limited to GP HSMs, payment HSMs, Complaint and proposed Final provide additional security, in part, and encryption and key management Judgment filed by the United States on because they are isolated from the rest software and hardware. February 28, 2019. of the organization’s IT system. Use of Thales sells GP HSMs to customers GP HSMs is often required by B. The Competitive Effects of the worldwide, including government and regulations, industry standards, or an Transaction on the Market for GP HSMs commercial organizations throughout organization’s auditors or security the United States. In 2008, Thales GP HSMs are tamper-resistant policies. acquired nCipher, a company that hardware environments for secure GP HSMs are typically validated by specialized in cryptographic security encryption processing and key independent testing organizations to and sold, among other things, GP HSMs management. They are most frequently confirm they meet certain specified under the brand name nCipher. After included as components of complex levels of security; software-based key that acquisition, Thales changed the encryption solutions used by systems, by contrast, are not able to brand name of those GP HSMs to government and private organizations to meet the most stringent levels of nShield. To resolve the United States’ safeguard their most sensitive data. The security. concerns in this matter, and pursuant to universe of sensitive electronic data has Thales and Gemalto sell GP HSMs commitments made to the European been expanding rapidly and relates to a and related services directly to end-user Commission on November 7, 2018, wide range of subjects, such as organizations and through resellers who Thales has agreed to divest its nShield personally identifiable information, often combine the GP HSMs with business. As part of the commitments to health records, financial information, additional security products or services. the European Commission, Thales has tax records, trade secrets, software code, Thales and Gemalto also sell GP HSMs already separated the nShield business and other confidential information. to cloud service providers (CSPs) such and related assets and personnel from Inappropriate use, theft, corruption, or as Amazon Web Services and Microsoft the rest of its businesses and appointed disclosure of this data could result in Azure, who then sell GP HSM services, a hold separate manager whose significant harm to an organization’s or HSM-as-a-service (HSMaaS), to their responsibility it is to manage the customers or constituents and the cloud customers. There are, however, nShield business as a distinct and organization itself. many organizations that are reluctant to separate entity from the businesses Organizations increasingly rely on use HSMaaS because they want more retained by Thales until the divestiture encryption as a crucial component of control over the security of their data. is completed. This new business unit is the security measures implemented to Even if an organization chooses to use operating under the name nCipher safeguard sensitive data from internal HSMaaS, it may also require an on- Security. and external threats. Encryption is a premises GP HSM to provide an Gemalto is an international digital process that converts readable data additional layer of encryption security. security company incorporated in the (plain text) into an unreadable format GP HSMs typically must be integrated Netherlands with its principal office in (cipher text) using an algorithm and an into or configured to operate within an Amsterdam. Gemalto is active globally encryption key. Decryption is the organization’s existing IT environment. in providing authentication and data reverse of encryption, converting cipher An organization needs assurance that a protection technology, platforms, and text back to plain text. Encryption GP HSM will be an effective component services in five main areas: (i) banking algorithms are based on highly complex of what may be an already complex data and payment; (ii) enterprise and math and are often standardized and security infrastructure. Because of this, cybersecurity; (iii) government; (iv) open source. the GP HSM sales process typically mobile; and (v) machine-to-machine Encryption keys consist of a randomly includes a comprehensive exchange of Internet of Things. In 2017, Gemalto had generated series of numbers. Because information between the potential global revenue of approximately $3.7 encrypted data is virtually impossible to customer organization and GP HSM billion, operations in forty-eight decipher using today’s technology supplier. countries, and approximately 15,000 without the encryption key, attackers Once an organization has installed a employees. Gemalto develops, markets, who want unauthorized access to GP HSM into its IT infrastructure and is and sells GP HSMs, as well as other sensitive data generally focus their using it to protect its keys and to security solutions and services, efforts on obtaining those encryption provide a secure data encryption including but not limited to payment keys. With the right key, an attacker can environment, any breakdowns or HSMs and encryption and key freely access an organization’s sensitive malfunctions in the GP HSM could not management software and hardware. In data. Conversely, a lost or corrupted key only compromise the sensitive data but

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also jeopardize the organization’s ability existing foreign-based GP HSM provider The proposed Final Judgment also to perform day-to-day tasks that are seeking to expand and become a viable provides that Thales must provide the necessary for the organization to carry competitor in the supply of GP HSMs Acquirer relevant information to allow out its business. Post-sales customer for use by individual organizations in the Acquirer to evaluate whether to support and service are therefore the United States, would need to spend make offers of employment to Thales essential. Many customers will not even significant time and effort to employees, and provides that Thales consider a potential GP HSM supplier demonstrate its ability to provide high- must not interfere in any hiring process. who has not established a strong quality GP HSMs and continuous, high- Under the terms of the proposed Final reputation for providing quality GP quality post-sales service in the United Judgment, the Acquirer may seek to hire HSMs and continuous and effective States. It is unlikely that any such entry additional employees up to 90 days after post-sales service and support. or expansion effort would produce an they acquire the divested assets. Thales Thales and Gemalto are the two economically viable alternative to the may not re-hire employees hired by the leading providers of GP HSMs in the merged firm in time to counteract the Acquirer for one year after the United States, with market shares of competitive harm likely to result from divestiture is complete, and may not approximately 30% and 36%, the proposed transaction. specifically solicit any of those respectively, and a combined market As a result of its acquisition of individuals for two years. share of approximately 66%. Together, Gemalto, as originally proposed, Thales The assets must be divested in such Thales and Gemalto dominate the GP would have emerged as the clearly a way as to satisfy the United States in HSM market in the United States. As dominant provider of GP HSMs in the its sole discretion that the operations originally proposed, Thales’ acquisition United States with the ability to exercise can and will be operated by the of Gemalto would substantially increase substantial market power, increasing the purchaser as a viable, ongoing business market concentration in an already likelihood that Thales could unilaterally that can compete effectively to develop, highly concentrated market. increase prices or reduce its efforts to service, and sell GP HSMs to customers Acquisitions that reduce the number of improve the quality of its products and in the United States. Defendants must competitors in already concentrated services. take all reasonable steps necessary to markets tend to to substantially lessen accomplish the divestiture quickly and competition. III. EXPLANATION OF THE shall cooperate with prospective Thales’ proposed acquisition of PROPOSED FINAL JUDGMENT purchasers. The proposed Final Gemalto likely would substantially The divestiture requirement of the Judgment also includes procedures lessen competition and harm customers proposed Final Judgment will eliminate pursuant to which the Acquirer may in the U.S. GP HSM market by the anticompetitive effects of the apply to the United States for the right eliminating head-to-head competition acquisition in the market for GP HSMs to acquire additional assets that would between the two leading suppliers in be materially useful to the divested by establishing a new, independent, and the United States. Thales and Gemalto business, or hire specific additional economically viable competitor. The are each other’s closest competitors for personnel, for a limited time after the proposed Final Judgment requires GP HSMs. Thales and Gemalto regularly divesture date. approve significant discounts on GP Thales, within thirty-five (35) calendar The proposed Final Judgment HSMs when competing against each days after the filing of the Complaint, or provides that Defendants must ensure other. Thales and Gemalto both have five (5) days after notice of the entry of that their products continue to interface strong reputations for high-quality post- the Final Judgment by the Court, and interoperate with the divested GP sales service and support. Competition whichever is later, to divest, as a viable HSM Products for at least two years. between the two companies has also ongoing business, Thales’ GP HSM This interoperability must be provided spurred innovation in the past. Thales’ Products business. This includes all at cost, and on the same quality (which proposed acquisition of Gemalto would tangible and intangible assets primarily may be measured, for example, by eliminate this head-to-head competition related to the production, operation, reference to speed and frequency of and reduce innovation, in addition to research, development, sale, or support content transmission, lag time, uptime, significantly increasing concentration in of any Thales GP HSM Product. database or API synchronization, or data a highly concentrated market. The Further, the proposed Final Judgment fields transmitted, exposed, or used) acquisition likely would result in higher specifies the manner in which shared and terms that were provided at any prices, lower quality, and reduced intangible assets shall be divested. time since January 1, 2017. Should the supplier choices for customers. These are assets that are used or have Acquirer determine that a third year of It is unlikely that any firm would been under development for use as of interoperability is necessary, it may enter the market for GP HSM sales to January 7, 2019, which was the date request that this provision be extended customers in the United States in a Thales’ GP HSM Products business was an additional year. manner sufficient to defeat the likely formally separated from the rest of The proposed Final Judgment also anticompetitive effects of the proposed Thales, in relation to both (i) Thales’ GP provides that Thales must provide acquisition. Successful entry in the HSM Products business and (ii) Thales’ certain transition services to Acquirer, development, marketing, sale, and business relating to products other than at the Acquirer’s request for a period of service of GP HSMs would be difficult, GP HSM Products. one year. The acquirer may request that time-consuming, and costly. The proposed Final Judgment the United States allow the period of Any new entrant would be required to provides that, in the event that these transition services to be extended expend significant time and capital to government approvals needed to for another year if necessary. design and develop a series of GP HSMs complete the divestiture have been The proposed Final Judgment that are at least comparable to Thales’ timely filed but remain outstanding at provides that Thales must use its best and Gemalto’s GP HSM product lines in the end of the permitted divesture efforts to ensure that all contracts terms of functionality and the ability to period, additional, limited extensions involving GP HSM Products be interoperate with a wide range of may be granted to allow Defendants and transferred to the Acquirer. When encryption solutions and IT resources. the acquirer time to obtain those contracts involve both GP HSM Moreover, a new entrant, as well as any approvals. Products and other products, the

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portions of the contracts relating to GP Products business, except for certain effort by the United States to enforce the HSM Products will be conveyed. If permitted uses. Defendants must Final Judgment against a Defendant, Thales is unable to convey any of these prepare a compliance plan to promote whether litigated or resolved prior to contractual rights, the proposed Final the success of these provisions and litigation, that Defendant agrees to Judgment provides that it will use its regularly report to the Division whether reimburse the United States for best efforts to make the Acquirer whole. there has been a breach. attorneys’ fees, experts’ fees, or costs The proposed Final Judgment also The proposed Final Judgment also incurred in connection with any provides that Thales will grant the contains provisions that require enforcement effort, including the Acquirer a covenant not to sue for Defendants to report to the Division investigation of the potential violation. breach, in the field of GP HSMs, of any subsequent transactions that are related Finally, Section XVII of the proposed patent held by Thales. to GP HSMs, if those transactions Final Judgment provides that the Final The proposed Final Judgment otherwise would not be reportable Judgment shall expire ten (10) years provides that the United States may under the Hart-Scott-Rodino Antitrust from the date of its entry, except that apply to the Court for appointment of a Improvements Act of 1976, as amended, after five (5) years from the date of its Monitoring Trustee with the power and 15 U.S.C. § 18a. entry, the Final Judgment may be authority to investigate and report on The proposed Final Judgment also terminated upon notice by the United the parties’ compliance with the terms contains provisions designed to promote States to the Court and Defendants that of the Final Judgment and Stipulation compliance and make the enforcement the divestitures have been completed and Order filed with the Court for entry of Division consent decrees as effective and that the continuation of the Final during the pendency of the divestiture. as possible. Paragraph XVI(A) provides Judgment is no longer necessary or in The Monitoring Trustee’s duties would that the United States retains and the public interest. include reviewing: (1) the reserves all rights to enforce the The divestiture provisions of the implementation and execution of a provisions of the proposed Final proposed Final Judgment will eliminate compliance plan to prevent any misuse Judgment, including its rights to seek an the anticompetitive effects of the of confidential information relating to order of contempt from the Court. Under acquisition in the provision of GP the divested business; and (2) any the terms of this paragraph, Defendants HSMs. application by the Acquirer for have agreed that in any civil contempt additional employees or assets. action, any motion to show cause, or IV. REMEDIES AVAILABLE TO The Monitoring Trustee will not have any similar action brought by the United POTENTIAL PRIVATE LITIGANTS any responsibility or obligation for the States regarding an alleged violation of Section 4 of the Clayton Act, 15 operation of the parties’ businesses. The the Final Judgment, the United States U.S.C. § 15, provides that any person Monitoring Trustee will serve at may establish the violation and the who has been injured as a result of Defendants’ expense, on such terms and appropriateness of any remedy by a conduct prohibited by the antitrust laws conditions as the United States preponderance of the evidence and that may bring suit in federal court to approves, and Defendants must assist Defendants have waived any argument recover three times the damages the the trustee in fulfilling its obligations. that a different standard of proof should person has suffered, as well as costs and The Monitoring Trustee will file apply. This provision aligns the reasonable attorneys’ fees. Entry of the semiannual reports and shall serve until standard for compliance obligations proposed Final Judgment will neither the provisions regarding employees, with the standard of proof that applies impair nor assist the bringing of any additional assets, and transition services to the underlying offense that the private antitrust damage action. Under have expired. compliance commitments address. the provisions of Section 5(a) of the In the event that Defendants do not Paragraph XVI(B) provides additional Clayton Act, 15 U.S.C. § 16(a), the accomplish the divestiture within the clarification regarding the interpretation proposed Final Judgment has no prima periods prescribed in the proposed of the provisions of the proposed Final facie effect in any subsequent private Final Judgment, the proposed Final Judgment. The proposed Final Judgment lawsuit that may be brought against Judgment provides that the Court will was drafted to restore all competition Defendants. appoint a Divestiture Trustee selected that would otherwise be harmed by the by the United States to effect the merger. Defendants agree that they will V. PROCEDURES AVAILABLE FOR divestiture. Defendants will pay all abide by the proposed Final Judgment, MODIFICATION OF THE PROPOSED costs and expenses of any such trustee. and that they may be held in contempt FINAL JUDGMENT After his or her appointment becomes of this Court for failing to comply with The United States and Defendants effective, the Divestiture Trustee will any provision of the proposed Final have stipulated that the proposed Final file monthly reports with the Court and Judgment that is stated specifically and Judgment may be entered by the Court the United States setting forth his or her in reasonable detail, as interpreted in after compliance with the provisions of efforts to accomplish the divestiture. At light of this procompetitive purpose. the APPA, provided that the United the end of six months, if the divestiture Paragraph XVI(C) of the proposed States has not withdrawn its consent. has not been accomplished, the Final Judgment provides that should the The APPA conditions entry upon the Divestiture Trustee and the United Court find in an enforcement Court’s determination that the proposed States will make recommendations to proceeding that Defendants have Final Judgment is in the public interest. the Court, which shall enter such orders violated the Final Judgment, the United The APPA provides a period of at as appropriate, in order to carry out the States may apply to the Court for a one- least sixty (60) days preceding the purpose of the trust, including time extension of the Final Judgment, effective date of the proposed Final extending the trust or the term of the together with such other relief as may be Judgment within which any person may Divestiture Trustee’s appointment. appropriate. In addition, in order to submit to the United States written The proposed Final Judgment compensate American taxpayers for any comments regarding the proposed Final contains provisions to require, for five costs associated with the investigation Judgment. Any person who wishes to years, that Defendants refrain from and enforcement of violations of the comment should do so within sixty (60) using any Confidential Information that proposed Final Judgment, Paragraph days of the date of publication of this they possess about the GP HSM XIV(C) provides that in any successful Competitive Impact Statement in the

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Federal Register, or the last date of making that determination, the court, in would best serve the public.’’ United publication in a newspaper of the accordance with the statute as amended States v. BNS, Inc., 858 F.2d 456, 462 summary of this Competitive Impact in 2004, is required to consider: (9th Cir. 1988) (quoting United States v. Statement, whichever is later. All (A) the competitive impact of such Bechtel Corp., 648 F.2d 660, 666 (9th comments received during this period judgment, including termination of Cir. 1981)); see also Microsoft, 56 F.3d will be considered by the United States alleged violations, provisions for at 1460–62; United States v. Alcoa, Inc., Department of Justice, which remains enforcement and modification, duration 152 F. Supp. 2d 37, 40 (D.D.C. 2001); free to withdraw its consent to the of relief sought, anticipated effects of InBev, 2009 U.S. Dist. LEXIS 84787, at proposed Final Judgment at any time alternative remedies actually *3. Instead: prior to the Court’s entry of judgment. considered, whether its terms are [t]he balancing of competing social and The comments and the response of the ambiguous, and any other competitive political interests affected by a proposed United States will be filed with the considerations bearing upon the antitrust consent decree must be left, in the Court. In addition, comments will be adequacy of such judgment that the first instance, to the discretion of the posted on the United States Department court deems necessary to a Attorney General. The court’s role in of Justice, Antitrust Division’s internet determination of whether the consent protecting the public interest is one of insuring that the government has not website and, under certain judgment is in the public interest; and breached its duty to the public in consenting circumstances, published in the Federal (B) the impact of entry of such to the decree. The court is required to Register. judgment upon competition in the determine not whether a particular decree is Written comments should be relevant market or markets, upon the the one that will best serve society, but submitted to: public generally and individuals whether the settlement is ‘‘within the reaches Aaron Hoag alleging specific injury from the of the public interest.’’ More elaborate violations set forth in the complaint requirements might undermine the Chief, Technology and Financial effectiveness of antitrust enforcement by Services Section including consideration of the public consent decree. Antitrust Division benefit, if any, to be derived from a Bechtel, 648 F.2d at 666 (emphasis United States Department of Justice determination of the issues at trial. added) (citations omitted).1 450 Fifth Street, N.W., Room 7100 15 U.S.C. § 16(e)(1)(A) & (B). In In determining whether a proposed Washington, DC 20530 considering these statutory factors, the settlement is in the public interest, a court’s inquiry is necessarily a limited The proposed Final Judgment provides district court ‘‘must accord deference to one as the government is entitled to that the Court retains jurisdiction over the government’s predictions about the ‘‘broad discretion to settle with the this action, and the parties may apply to efficacy of its remedies, and may not defendant within the reaches of the the Court for any order necessary or require that the remedies perfectly public interest.’’ United States v. appropriate for the modification, match the alleged violations.’’ SBC Microsoft Corp., 56 F.3d 1448, 1461 interpretation, or enforcement of the Commc’ns, 489 F. Supp. 2d at 17; see (D.C. Cir. 1995); see generally United Final Judgment. also U.S. Airways, 38 F. Supp. 3d at 74– States v. SBC Commc’ns, Inc., 489 F. 75 (noting that a court should not reject VI. ALTERNATIVES TO THE Supp. 2d 1 (D.D.C. 2007) (assessing the proposed remedies because it PROPOSED FINAL JUDGMENT public interest standard under the believes others are preferable and that Tunney Act); United States v. U.S. The United States considered, as an room must be made for the government Airways Group, Inc., 38 F. Supp. 3d 69, alternative to the proposed Final to grant concessions in the negotiation 75 (D.D.C. 2014) (explaining that the Judgment, a full trial on the merits process for settlements); Microsoft, 56 ‘‘court’s inquiry is limited’’ in Tunney against Defendants. The United States F.3d at 1461 (noting the need for courts Act settlements); United States v. InBev could have continued the litigation and to be ‘‘deferential to the government’s N.V./S.A., No. 08–1965 (JR), 2009 U.S. sought preliminary and permanent predictions as to the effect of the Dist. LEXIS 84787, at *3 (D.D.C. Aug. injunctions against Thales’ acquisition proposed remedies’’); United States v. 11, 2009) (noting that the court’s review of Gemalto. The United States is Archer-Daniels-Midland Co., 272 F. of a consent judgment is limited and satisfied, however, that the divestiture Supp. 2d 1, 6 (D.D.C. 2003) (noting that only inquires ‘‘into whether the of assets described in the proposed the court should grant ‘‘due respect to government’s determination that the Final Judgment will preserve the government’s prediction as to the proposed remedies will cure the competition for the provision of GP effect of proposed remedies, its antitrust violations alleged in the HSMs in the United States. Thus, the perception of the market structure, and complaint was reasonable, and whether proposed Final Judgment would achieve its views of the nature of the case’’). The the mechanism to enforce the final all or substantially all of the relief the ultimate question is whether ‘‘the judgment are clear and manageable’’). United States would have obtained remedies [obtained in the decree are] so As the United States Court of Appeals through litigation, but avoids the time, inconsonant with the allegations for the District of Columbia Circuit has expense, and uncertainty of a full trial charged as to fall outside of the ‘reaches held, under the APPA a court considers, on the merits of the Complaint. of the public interest.’ ’’ Microsoft, 56 among other things, the relationship F.3d at 1461 (quoting United States v. VII. STANDARD OF REVIEW UNDER between the remedy secured and the Western Elec. Co., 900 F.2d 283, 309 THE APPA FOR THE PROPOSED specific allegations in the government’s (D.C. Cir. 1990)). To meet this standard, FINAL JUDGMENT complaint, whether the decree is the United States ‘‘need only provide a The Clayton Act, as amended by the sufficiently clear, whether its enforcement mechanisms are sufficient, APPA, requires that proposed consent 1 See also BNS, 858 F.2d at 464 (holding that the judgments in antitrust cases brought by and whether the decree may positively court’s ‘‘ultimate authority under the [APPA] is the United States be subject to a 60-day harm third parties. See Microsoft, 56 limited to approving or disapproving the consent comment period, after which the court F.3d at 1458–62. With respect to the decree’’); United States v. Gillette Co., 406 F. Supp. adequacy of the relief secured by the 713, 716 (D. Mass. 1975) (noting that, in this way, shall determine whether entry of the the court is constrained to ‘‘look at the overall proposed Final Judgment ‘‘is in the decree, a court may not ‘‘engage in an picture not hypercritically, nor with a microscope, public interest.’’ 15 U.S.C. § 16(e)(1). In unrestricted evaluation of what relief but with an artist’s reducing glass’’).

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factual basis for concluding that the (statement of Sen. Tunney). Rather, the DATES: The Department of Justice settlements are reasonably adequate procedure for the public interest encourages public comment and will remedies for the alleged harms.’’ SBC determination is left to the discretion of accept input until April 10, 2019. Commc’ns, 489 F. Supp. 2d at 17. the court, with the recognition that the FOR FURTHER INFORMATION CONTACT: If Moreover, the court’s role under the court’s ‘‘scope of review remains you have additional comments, APPA is limited to reviewing the sharply proscribed by precedent and the suggestions, or need a copy of the remedy in relationship to the violations nature of Tunney Act proceedings.’’ proposed information collection that the United States has alleged in its SBC Commc’ns, 489 F. Supp. 2d at 11. instrument with instructions or complaint, and does not authorize the A court can make its public interest additional information, please contact court to ‘‘construct [its] own determination based on the competitive Todd Brighton at 1–202–532–5105, hypothetical case and then evaluate the impact statement and response to public Bureau of Justice Assistance, Office of decree against that case.’’ Microsoft, 56 comments alone. U.S. Airways, 38 F. Justice Programs, U.S. Department of F.3d at 1459; see also U.S. Airways, 38 Supp. 3d at 76. See also United States Justice, 810 7th Street NW, Washington, F. Supp. 3d at 75 (noting that the court v. Enova Corp., 107 F. Supp. 2d 10, 17 DC 20531 or by email at must simply determine whether there is (D.D.C. 2000) (noting that the ‘‘Tunney [email protected]. a factual foundation for the Act expressly allows the court to make SUPPLEMENTARY INFORMATION: Written government’s decisions such that its its public interest determination on the comments and suggestions from the conclusions regarding the proposed basis of the competitive impact public and affected agencies concerning settlements are reasonable); InBev, 2009 statement and response to comments the proposed collection of information U.S. Dist. LEXIS 84787, at *20 (‘‘the alone’’); S. Rep. No. 93–298 93d Cong., are encouraged. Your comments should ‘public interest’ is not to be measured by 1st Sess., at 6 (1973) (‘‘Where the public address one or more of the following comparing the violations alleged in the interest can be meaningfully evaluated four points: complaint against those the court simply on the basis of briefs and oral —Evaluate whether the proposed believes could have, or even should arguments, that is the approach that collection of information is necessary have, been alleged’’). Because the should be utilized.’’). ‘‘court’s authority to review the decree for the proper performance of the depends entirely on the government’s VIII. DETERMINATIVE DOCUMENTS functions of the National Motor Vehicle Title Information System exercising its prosecutorial discretion by There are no determinative materials (NMVTIS), including whether the bringing a case in the first place,’’ it or documents within the meaning of the information will have practical utility; follows that ‘‘the court is only APPA that were considered by the authorized to review the decree itself,’’ —Evaluate the accuracy of the agency’s United States in formulating the estimate of the burden of the and not to ‘‘effectively redraft the proposed Final Judgment. complaint’’ to inquire into other matters proposed collection of information, Dated: February 28, 2019 that the United States did not pursue. including the validity of the Microsoft, 56 F.3d at 1459–60. Respectfully submitted, methodology and assumptions used; In its 2004 amendments,2 Congress Kelly M. Schoolmeester —Evaluate whether and if so how the made clear its intent to preserve the (D.C. Bar # 1008354) quality, utility, and clarity of the practical benefits of utilizing consent United States Department of Justice, information to be collected can be decrees in antitrust enforcement, adding Antitrust Division, Technology and Financial enhanced; and Services Section, 450 Fifth Street, N.W., —Minimize the burden of the collection the unambiguous instruction that Washington, DC 20530, Phone: (202) 598– ‘‘[n]othing in this section shall be of information on those who are to 2693, Facsimile: (202) 616–8544, Email: respond, including through the use of construed to require the court to [email protected]. conduct an evidentiary hearing or to appropriate automated, electronic, [FR Doc. 2019–04293 Filed 3–8–19; 8:45 am] require the court to permit anyone to mechanical, or other technological BILLING CODE 4410–11–P intervene.’’ 15 U.S.C. § 16(e)(2); see also collection techniques or other forms U.S. Airways, 38 F. Supp. 3d at 76 of information technology, e.g., permitting electronic submission of (indicating that a court is not required DEPARTMENT OF JUSTICE to hold an evidentiary hearing or to responses. permit intervenors as part of its review Overview of This Information [OMB Number 1121–0335] under the Tunney Act). This language Collection explicitly wrote into the statute what Agency Information Collection 1. Type of Information Collection: Congress intended when it first enacted Activities; Proposed eCollection Extension of currently approved the Tunney Act in 1974. As Senator eComments Requested; Extension, collection. Tunney explained: ‘‘[t]he court is Without Change, of a Currently 2. The Title of the Form/Collection: nowhere compelled to go to trial or to Approved Collection National Motor Vehicle Title engage in extended proceedings which Information System (NMVTIS). might have the effect of vitiating the AGENCY: National Motor Vehicle Title 3. The agency form number, if any, benefits of prompt and less costly Information System (NMVTIS), Office of and the applicable component of the settlement through the consent decree Justice Programs, Department of Justice. Department sponsoring the collection: process.’’ 119 Cong. Rec. 24,598 (1973) ACTION: 30-Day notice. None. Bureau of Justice Assistance, Office of Justice Programs, United States 2 The 2004 amendments substituted ‘‘shall’’ for SUMMARY: ‘‘may’’ in directing relevant factors for a court to The Department of Justice, Department of Justice. consider and amended the list of factors to focus on Office of Justice Programs, Bureau of 4. Affected public who will be asked competitive considerations and to address Justice Assistance, has submitted the or required to respond, as well as a brief potentially ambiguous judgment terms. Compare 15 following information collection request abstract: U.S.C. § 16(e) (2004), with 15 U.S.C. § 16(e)(1) (2006); see also SBC Commc’ns, 489 F. Supp. 2d at for review and clearance in accordance Primary: Auto recyclers, junk yards 11 (concluding that the 2004 amendments ‘‘effected with the Paperwork Reduction Act of and salvage yards are required to report minimal changes’’ to Tunney Act review). 1995. information into NMVTIS. The Anti-Car

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Theft Act, defines junk and salvage meet these regulatory definitions of Dated: March 5, 2019. yards ‘‘as individuals or entities salvage and junk yards. It is important Melody Braswell, engaged in the business of acquiring or to note that industries not specifically Department Clearance Officer for PRA, U.S. owning junk or salvage automobiles for listed in the junk yard or salvage yard Department of Justice. resale in their entirety or as spare parts definition may still meet one of the [FR Doc. 2019–04275 Filed 3–8–19; 8:45 am] or for rebuilding, restoration, or definitions and, therefore, be subject to BILLING CODE 4410–18–P crushing.’’ Included in this definition the NMVTIS reporting requirements. are scrap-vehicle shredders and scrap- An individual or entity meeting the metal processors, as well as ‘‘pull- or junk yard or salvage yard definition is DEPARTMENT OF JUSTICE pick-apart yards,’’ salvage pools, salvage subject to the NMVTIS reporting [OMB Number 1121–0259] auctions, and other types of auctions, requirements if that individual or entity businesses, and individuals that handle handles 5 or more junk or salvage motor Agency Information Collection salvage vehicles (including vehicles vehicles per year and is engaged in the Activities; Proposed eCollection declared a ‘‘total loss’’). business of acquiring or owning a junk eComments Requested; Extension Abstract: Reporting information on automobile or a salvage automobile Without Change, of a Previously junk and salvage vehicles to the for—‘‘(1) Resale in their entirety or as Approved Collection Public Safety National Motor Vehicle Title spare parts; or (2) Rebuilding, Officer Medal of Valor Information System (NMVTIS)— restoration, or crushing.’’ Reporting supported by the U.S. Department of AGENCY: entities can determine whether a vehicle Bureau of Justice Assistance, Justice (DOJ)—is required by federal is junk or salvage by referring to the Department of Justice. law. Under federal law, junk and definitions provided in the NMVTIS ACTION: 30-Day notice. salvage yards must report certain regulations at 28 CFR 25.52. An information to NMVTIS on a monthly SUMMARY: The Department of Justice basis. This legal requirement has been NMVTIS Reporting Entity is required to (DOJ), Office of Justice Programs, in place since March 2009, following report specific information to NMVTIS Bureau of Justice Assistance, will be the promulgation of regulations (28 CFR within one month of receiving such a submitting the following information part 25) to implement the junk- and vehicle, and failure to report may result collection request to the Office of salvage-yard reporting provisions of the in assessment of a civil penalty of Management and Budget (OMB) for Anti-Car Theft Act (codified at 49 U.S.C. $1,000 per violation. review and approval in accordance with 30501—30505). Accordingly, a junk or 5. An estimate of the total number of the Paperwork Reduction Act of 1995. salvage yard within the United States respondents and the amount of time DATES: Comments are encouraged and must, on a monthly basis, provide an estimated for an average respondent to will be accepted for 30 days until April inventory to NMVTIS of the junk or respond: There are currently 10, 2019. approximately 8,000 businesses that salvage automobiles that it obtained (in FOR FURTHER INFORMATION CONTACT: If report on a regular basis into NMVTIS. whole or in part) in the prior month. 28 you have additional comments on the The estimate for the average amount of CFR 25.56(a). estimated burden to facilities covered by An NMVTIS Reporting Entity time for each business to report varies: the standards to comply with the includes any individual or entity that 30–60 minutes (estimated). The states regulation’s reporting requirements, meets the federal definition, found in and insurance companies already are suggestions, or need additional the NMVTIS regulations at 28 CFR capturing most of the data needed to be information, please contact Gregory Joy, 25.52, for a ‘‘junk yard’’ or ‘‘salvage reported, and the reporting consists of Program Analyst, Bureau of Justice yard.’’ According to those regulations, a electronic, batch uploaded information. Assistance, 810 Seventh Street NW, junk yard is defined as ‘‘an individual So, for those automated companies the Washington, DC 20531. or entity engaged in the business of reporting time is negligible. For smaller acquiring or owning junk automobiles junk and salvage yard operators who SUPPLEMENTARY INFORMATION: Written for—(1) Resale in their entirety or as would enter the data manually, it is comments and suggestions from the spare parts; or (2) Rebuilding, estimated that it will take respondents public and affected agencies concerning restoration, or crushing.’’ The an average of 30–60 minutes per month the proposed collection of information regulations define a salvage yard as ‘‘an to respond. are encouraged. Your comments should individual or entity engaged in the address one or more of the following 6. An estimate of the total public four points: business of acquiring or owning salvage burden (in hours) associated with the —Evaluate whether the proposed automobiles for—(1) Resale in their collection: An estimate of the total collection of information is necessary entirety or as spare parts; or (2) public burden (in hours) associated with for the proper performance of the Rebuilding, restoration, or crushing.’’ the collection is 48,000 to 96,000 hours These definitions include vehicle functions of the Bureau of Justice remarketers and vehicle recyclers, Total Annual Reporting Burden: Assistance, including whether the including scrap vehicle shredders and 8,000 × 30 minutes per month (12 times information will have practical utility; scrap metal processors as well as ‘‘pull- per year) = 48,000 —Evaluate the accuracy of the agency’s or pick-apart yards,’’ salvage pools, estimate of the burden of the 8,000 × 60 minutes per month (12 times salvage auctions, used automobile proposed collection of information, per year) = 96,000 dealers, and other types of auctions including the validity of the handling salvage or junk vehicles If additional information is required methodology and assumptions used; (including vehicles declared by any contact: Melody Braswell, Department —Evaluate whether, and if so how, the insurance company to be a ‘‘total loss’’ Clearance Officer, United States quality, utility, and clarity of the regardless of any damage assessment). Department of Justice, Justice information to be collected can be Businesses that operate on behalf of Management Division, Policy and enhanced; and/or these entities or individual domestic or Planning Staff, Two Constitution —Minimize the burden of the collection international salvage vehicle buyers, Square, 145 N Street NE, 3E.405A, of information on those who are to sometimes known as ‘‘brokers’’ may also Washington, DC 20530. respond, including through the use of

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appropriate automated, electronic, a. 128.5 × 25 minutes = 3,212.5 To submit Send them to: mechanical, or other technological minutes/60 = 53.54 hours. comments: collection techniques or other forms If additional information is required By email ...... pubcomment-ees.enrd@ of information technology, e.g., contact: Melody Braswell, Department permitting electronic submission of usdoj.gov. Clearance Officer, United States By mail ...... Assistant Attorney General, responses. Department of Justice, Justice U.S. DOJ—ENRD, P.O. Overview of This Information Management Division, Policy and Box 7611, Washington, DC Collection Planning Staff, Two Constitution 20044–7611. Square, 145 N Street NE, 3E.405A, 1. Type of Information Collection: During the public comment period, Washington, DC 20530. Extension of a currently approved the Consent Decree may be examined collection. Dated: March 5, 2019. and downloaded at this Justice 2. The Title of the Form/Collection: Melody Braswell, Department website: https:// Public Safety Officer Medal of Valor Department Clearance Officer for PRA, U.S. www.justice.gov/enrd/consent-decrees. (Pub. L. 107–12). Department of Justice. We will provide a paper copy of the 3. The agency form number, if any, [FR Doc. 2019–04271 Filed 3–8–19; 8:45 am] Consent Decree upon written request and the applicable component of the and payment of reproduction costs. BILLING CODE 4410–18–P Department sponsoring the collection: Please mail your request and payment The application process is managed to: Consent Decree Library, U.S. DOJ— through the internet, using the Office of DEPARTMENT OF JUSTICE ENRD, P.O. Box 7611, Washington, DC Justice Programs’ (OJP) MOV online 20044–7611. application system at: https:// Notice of Lodging of Consent Decree Please enclose a check or money order www.bja.gov/programs/medalofvalor/ Under the Comprehensive for $5.50 (25 cents per page index.html. Environmental Response, reproduction cost) payable to the United 4. Affected public who will be asked Compensation, and Liability Act States Treasury. or required to respond, as well as a brief abstract: The information that is being Randall M. Stone, On March 5, 2019, the Department of Acting Assistant Section Chief, collected is solicited from federal, state, Justice lodged a proposed Consent local and tribal public safety agencies, Environmental Enforcement Section, Decree with the United States District Environment and Natural Resources Division. who wish to nominate their personnel Court for the Western District of to receive the Public Safety Officer [FR Doc. 2019–04380 Filed 3–8–19; 8:45 am] Michigan in United States v. CMS Medal of Valor (MOV). This information BILLING CODE 4410–15–P Energy Corp., et al., Civil Action No. is provided on a voluntary basis, includes agency and nominee 1:15–cv–1231. information along with details about the The Consent Decree settles claims MISSISSIPPI RIVER COMMISSION events for which the nominees are to be brought by the United States seeking Sunshine Act Meetings consider when determining who will be reimbursement of response costs recommended to receive the MOV. incurred and to be incurred in AGENCY HOLDING THE MEETINGS: 5. An estimate of the total number of connection with the Little Traverse Bay Mississippi River Commission respondents and the amount of time CKD Release Site (the ‘‘Site’’) pursuant TIME AND DATE: 9:00 a.m., April 8, 2019. estimated for an average respondent to to the Comprehensive Environmental PLACE: On board MISSISSIPPI V at Port respond: Over the last four application Response, Compensation, and Liability of Hickman, Hickman, Kentucky submission periods, (2011–2012 thru Act, 42 U.S.C. 9601 et seq. The Consent 2014–2015), there were a total of 514 Decree requires the Defendants to pay STATUS: Open to the public. applications received. Taking this $8 million in Past Response Costs as MATTERS TO BE CONSIDERED: (1) number into account, the average defined by the Consent Decree. The Summary report by President of the number of applications that are Decree also provides the United States Commission on national and regional anticipated to be received on an annual with a declaratory judgment against the issues affecting the U.S. Army Corps of basis is 128.5. This number does not Defendants for all costs incurred by the Engineers and Commission programs factor in the ongoing outreach efforts United States associated with the Site and projects on the Mississippi River (e.g., marketing and social medial and its tributaries; (2) District following the date of lodging of the outreach) that are intended to increase Commander’s overview of current Consent Decree that are not inconsistent the number of annual submissions. In project issues within the St. Louis and with the National Contingency Plan. addition, it is projected that the Memphis Districts; and (3) Presentations application submission process takes The publication of this notice opens by local organizations and members of approximately 25 minutes. This would a period for public comment on the the public giving views or comments on include, reviewing the fields of required proposed Consent Decree. Comments any issue affecting the programs or and optional information, arranging the should be addressed to the Assistant projects of the Commission and the information and populating the online Attorney General, Environment and Corps of Engineers. application form. Natural Resources Division, and should TIME AND DATE: 9:00 a.m., April 9, 2019. 6. An estimate of the total public refer to United States v. CMS Energy PLACE: On board MISSISSIPPI V at burden (in hours) associated with the Corp., et al., D.J. Ref. No. 90–11–3– collection: Base upon the average Beale Street Landing, Memphis, 10295. All comments must be submitted Tennessee number of submissions over the last 4 no later than thirty (30) days after the STATUS: Open to the public. years, and the estimated time required publication date of this notice. to complete each submission, the Comments may be submitted either by MATTERS TO BE CONSIDERED: (1) estimated annual public burden would email or by mail: Summary report by President of the be 53.54 hours. Commission on national and regional

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issues affecting the U.S. Army Corps of NATIONAL CREDIT UNION 5080, Alexandria, Virginia 22314; Fax Engineers and Commission programs ADMINISTRATION No. 703–519–8579; or Email at and projects on the Mississippi River [email protected]. and its tributaries; (2) District Sunshine Act: Notice of Agency FOR FURTHER INFORMATION CONTACT: Commander’s overview of current Meeting Address requests for additional project issues within the Memphis information to Dawn Wolfgang at the TIME AND DATE: 10:00 a.m., Thursday, address above or telephone 703–548– District; and (3) Presentations by local March 14, 2019. organizations and members of the 2279. PLACE: Board Room, 7th Floor, Room public giving views or comments on any 7047, 1775 Duke Street (All visitors SUPPLEMENTARY INFORMATION: issue affecting the programs or projects must use Diagonal Road Entrance), OMB Number: 3133–NEW. of the Commission and the Corps of Alexandria, VA 22314–3428. Title: Proof of Concept Application for Engineers. New Charter Organizing Groups. STATUS: Open. Type of Review: New collection. TIME AND DATE: 12:00 noon, April 10, MATTERS TO BE CONSIDERED: Abstract: The Credit Union Resources 2019. 1. Share Insurance Fund Quarterly and Expansion (CURE) office of NCUA Report. PLACE: On board MISSISSIPPI V at Port is responsible for the review and 2. NCUA Rules and Regulations, of Rosedale, Rosedale, Mississippi approval of charter applications Loans to Members. submitted by organizing groups. CURE STATUS: Open to the public. RECESS: 10:30 a.m. is enhancing the application process for organizers to submit their information MATTERS TO BE CONSIDERED: (1) TIME AND DATE: 10:45 a.m., Thursday, through an automated system to Summary report by President of the March 14, 2019. document the four most critical Commission on national and regional PLACE: Board Room, 7th Floor, Room elements to establish a new charter. The issues affecting the U.S. Army Corps of 7047, 1775 Duke Street, Alexandria, VA four areas are usually the greatest Engineers and Commission programs 22314–3428. challenge for organizers to accomplish. and projects on the Mississippi River STATUS: Closed. The automated system will assist and its tributaries; (2) District MATTERS TO BE CONSIDERED: 1. Request organizing groups in demonstrating that Commander’s overview of current for Consent. Closed pursuant to they have thoroughly evaluated the project issues within the Vicksburg Exemption (6). proposed credit union’s operations by District; and (3) Presentations by local documenting the most critical elements CONTACT PERSON FOR MORE INFORMATION: organizations and members of the of a new charter, such as the purpose Gerard Poliquin, Secretary of the Board, public giving views or comments on any and core values, field of membership, Telephone: 703–518–6304. issue affecting the programs or projects capital, and subscribers. of the Commission and the Corps of Gerard Poliquin, The data will be reviewed by NCUA Engineers. Secretary of the Board. to determine the adequacy of a group’s [FR Doc. 2019–04469 Filed 3–7–19; 4:15 pm] proof of concept and provide guidance TIME AND DATE: 9:00 a.m., April 12, BILLING CODE 7535–01–P as needed. The purpose of this 2019. information collection is to identify the PLACE: On board MISSISSIPPI V at City level of understanding an organizing Dock, Baton Rouge, Louisiana. NATIONAL CREDIT UNION group has before they make a formal ADMINISTRATION charter application submission as STATUS: Open to the public. prescribed by Appendix B to 12 CFR Agency Information Collection MATTERS TO BE CONSIDERED: (1) part 701. Activities: Proposed Collection; Proof Summary report by President of the Affected Public: Private Sector: Not- of Concept Application for New Commission on national and regional for-profit institutions. Charter Organizing Groups Estimated Number of Annual issues affecting the U.S. Army Corps of Respondents: 24. Engineers and Commission programs AGENCY: National Credit Union Estimated Annual Frequency: 2. and projects on the Mississippi River Administration (NCUA). Estimated Total Annual Responses: and its tributaries; (2) District ACTION: Notice and request for comment. 24. Commander’s overview of current Estimated Hours per Response: 4. project issues within the New Orleans SUMMARY: The National Credit Union Estimated Total Annual Burden District; and (3) Presentations by local Administration (NCUA), as part of a Hours: 96. organizations and members of the continuing effort to reduce paperwork Request for Comments: Comments public giving views or comments on any and respondent burden, invites the submitted in response to this notice will issue affecting the programs or projects general public and other Federal be summarized and included in the of the Commission and the Corps of agencies to comment on the following request for Office of Management and new collection of information, as Engineers. Budget approval. All comments will required by the Paperwork Reduction become a matter of public record. The CONTACT PERSON FOR MORE INFORMATION: Act of 1995. public is invited to submit comments Mr. Charles A. Camillo, telephone 601– DATES: Written comments should be concerning: (a) Whether the collection 634–7023. received on or before May 10, 2019 to of information is necessary for the be assured consideration. proper execution of the function of the Charles A. Camillo, ADDRESSES: Interested persons are agency, including whether the Director, Mississippi River Commission. invited to submit written comments on information will have practical utility; [FR Doc. 2019–04467 Filed 3–7–19; 11:15 am] the information collection to Dawn (b) the accuracy of the agency’s estimate BILLING CODE 3720–58–P Wolfgang, National Credit Union of the burden of the collection of Administration, 1775 Duke Street, Suite information, including the validity of

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the methodology and assumptions used; Insurance Corporation (FDIC), Bureau of NATIONAL SCIENCE FOUNDATION (c) ways to enhance the quality, utility, Consumer Financial Protection (CFPB), and clarity of the information to be and Securities and Exchange Sunshine Act Meeting; National collected; and (d) ways to minimize the Commission (SEC) (Agencies) each to Science Board burden of the collection of the establish an Office of Minority and The National Science Board, pursuant information on the respondents, Women Inclusion (OMWI) to be to NSF regulations (45 CFR 614), the including the use of automated responsible for all matters of the Agency National Science Foundation Act, as collection techniques or other forms of relating to diversity in management, amended (42 U.S.C. 1862n–5), and the information technology. employment, and business activities. Government in the Sunshine Act (5 By Hattie M. Ulan, Acting Secretary of The Act also instructed each OMWI U.S.C. 552b), hereby gives notice of the the Board, the National Credit Union Director to develop standards for scheduling of a teleconference for the Administration, on March 5, 2019. assessing the diversity policies and transaction of National Science Board practices of entities regulated by the Dated: March 6, 2019. business, as follows: Dawn D. Wolfgang, Agency. The Agencies worked together to develop joint standards and, on June TIME AND DATE: Closed teleconference of NCUA PRA Clearance Officer. 10, 2015, they jointly published in the the Committee on Strategy of the [FR Doc. 2019–04339 Filed 3–8–19; 8:45 am] Federal Register the ‘‘Final Interagency National Science Board, to be held BILLING CODE 7535–01–P Policy Statement Establishing Joint Friday, March 15, 2019 from 10:00– Standards for Assessing the Diversity 11:00 a.m. EDT. Policies and Practices of Entities PLACE: This meeting will be held by NATIONAL CREDIT UNION teleconference at the National Science ADMINISTRATION Regulated by the Agencies.’’ Type of Review: Extension of a Foundation, 2415 Eisenhower Avenue, Agency Information Collection currently approved collection. Alexandria, VA 22314. STATUS: Closed Activities: Proposed Collection; Affected Public: Private Sector: Not- Comment Request; Joint Standards for for-profit institutions. MATTERS TO BE CONSIDERED: Chair’s Assessing the Diversity Policies and opening remarks; update on NSF’s Practices Estimated No. of Respondents: 325. Fiscal Year 2019 Budget. Estimated Annual Frequency: 1. CONTACT PERSON FOR MORE INFORMATION: AGENCY: National Credit Union Administration (NCUA). Estimated Annual Number of Point of contact for this meeting is: Kathy Jacquart, 2415 Eisenhower ACTION: Responses: 325. Notice and request for comment. Avenue, Alexandria, VA 22314. Estimated Burden Hours per Telephone: (703) 292–7000. You may SUMMARY: The National Credit Union Response: 8. Administration (NCUA), as part of a find meeting information and updates continuing effort to reduce paperwork Estimated Total Annual Burden (time, place, subject matter or status of and respondent burden, invites the Hours: 2,600. meeting) at https://www.nsf.gov/nsb/ general public and other Federal Request for Comments: Comments meetings/notices.jsp#sunshine. agencies to comment on the extension of submitted in response to this notice will Chris Blair, be summarized and included in the a currently approved collection, as Executive Assistant to the National Science required by the Paperwork Reduction request for Office of Management and Board Office. Budget approval. All comments will Act of 1995. [FR Doc. 2019–04502 Filed 3–7–19; 4:15 pm] become a matter of public record. The DATES: Written comments should be BILLING CODE 7555–01–P received on or before May 10, 2019 to public is invited to submit comments be assured consideration. concerning: (a) Whether the collection of information is necessary for the ADDRESSES: Interested persons are proper execution of the function of the NUCLEAR REGULATORY invited to submit written comments on COMMISSION the information collections to Dawn agency, including whether the Wolfgang, National Credit Union information will have practical utility; [NRC–2019–0001] (b) the accuracy of the agency’s estimate Administration, 1775 Duke Street, Suite Sunshine Act Meetings 5080, Alexandria, Virginia 22314; Fax of the burden of the collection of information, including the validity of No. 703–703–548–2279; or Email at TIME AND DATE: Weeks of March 11, 18, [email protected]. the methodology and assumptions used; (c) ways to enhance the quality, utility, 25, April 1, 8, 15, 2019. FOR FURTHER INFORMATION CONTACT: and clarity of the information to be PLACE: Commissioners’ Conference Requests for additional information collected; and (d) ways to minimize the Room, 11555 Rockville Pike, Rockville, should be directed to Dawn Wolfgang at burden of the collection of the Maryland. the address above or telephone information on the respondents, STATUS: Public and Closed. 703–548–2279. including the use of automated MATTERS TO BE CONSIDERED: SUPPLEMENTARY INFORMATION: collection techniques or other forms of OMB Number: 3133–0193. information technology. Week of March 11, 2019 Title: Joint Standards for Assessing the Diversity Policies and Practices. By Hattie M. Ulan, Acting Secretary of the Monday, March 11, 2019 Abstract: Section 342 of the Dodd- Board, the National Credit Union 3:35 p.m. Affirmation Session (Public Administration, on March 5, 2019. Frank Wall Street Reform and Consumer Meeting) (Tentative) Protection Act of 2010 (Act) required Dated: March 6, 2018. a. Diversified Scientific Services, Inc. the NCUA, the Office of the Comptroller Dawn D. Wolfgang, (Export of Low-Level Waste) of the Currency (OCC), Board of NCUA PRA Clearance Officer. (Petition Seeking Leave to Intervene Governors of the Federal Reserve [FR Doc. 2019–04337 Filed 3–8–19; 8:45 am] and Request for Hearing) (Tentative) System (Board), Federal Deposit BILLING CODE 7535–01–P b. Interim Storage Partners LLC (WCS

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Consolidated Interim Storage need this meeting notice or the • Federal Rulemaking Website: Go to Facility), LBP–18–6 (Referred transcript or other information from the http://www.regulations.gov and search Ruling Denying Motion to public meetings in another format (e.g., for Docket ID NRC–2008–0252. Address Disqualify Board) (Tentative) braille, large print), please notify questions about Docket IDs in c. Entergy Nuclear Vermont Yankee, Kimberly Meyer-Chambers, NRC Regulations.gov to Krupskaya Castellon; LLC, and Entergy Nuclear Disability Program Manager, at 301– telephone: 301–287–9221; email: Operations, Inc. (Tentative) 287–0739, by videophone at 240–428– [email protected]. For 3217, or by email at Kimberly.Meyer- technical questions, contact the Week of March 18, 2019—Tentative [email protected]. Determinations on individual listed in the FOR FURTHER Wednesday, March 20, 2019 requests for reasonable accommodation INFORMATION CONTACT section of this document. 10:00 a.m. Meeting with the will be made on a case-by-case basis. • NRC’s Agencywide Documents Organization of Agreement States Members of the public may request to receive this information electronically. Access and Management System and the Conference of Radiation (ADAMS): You may access publicly Control Program Directors (Public) If you would like to be added to the distribution, please contact the Nuclear available documents online in the NRC (Contact: Paul Michalak: 301–415– Library at http://www.nrc.gov/reading- 5804) Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– rm/adams.html. To begin the search, This meeting will be webcast live at select ‘‘Begin Web-based ADAMS the Web address—http://www.nrc.gov/. 415–1969), or by email at [email protected]. Search.’’ For problems with ADAMS, please contact the NRC’s Public Week of March 25, 2019—Tentative Dated at Rockville, Maryland, this 6th day of March, 2019. Document Room (PDR) reference staff at Thursday, March 28, 2019 1–800–397–4209, 301–415–4737, or by For the Nuclear Regulatory Commission. 9:00 a.m. Transformation at the NRC: email to [email protected]. The Innovation (Public Meeting) Denise L. McGovern, ADAMS accession number for each (Contact: June Cai: 301–415–1771) Policy Coordinator, Office of the Secretary. document referenced (if that document This meeting will be webcast live at [FR Doc. 2019–04480 Filed 3–7–19; 4:15 pm] is available in ADAMS) is provided the the Web address—http://www.nrc.gov/. BILLING CODE 7590–01–P first time that a document is referenced. The request for the amendment and Week of April 1, 2019—Tentative exemption was submitted by letter Thursday, April 4, 2019 NUCLEAR REGULATORY dated August 3, 2018 (ADAMS COMMISSION 10:00 a.m. Meeting with the Advisory Accession No. ML18215A382). • NRC’s PDR: You may examine and Committee on the Medical Uses of [Docket Nos. 52–025 and 52–026; NRC– purchase copies of public documents at Isotopes (Public Meeting) (Contact: 2008–0252] the NRC’s PDR, Room O1–F21, One Kellee Jamerson: 301–415–7408) Southern Nuclear Operating Company, White Flint North, 11555 Rockville This meeting will be webcast live at Inc.; Vogtle Electric Generating Plant, Pike, Rockville, Maryland 20852. the Web address—http://www.nrc.gov/. Units 3 and 4; Crediting Previously FOR FURTHER INFORMATION CONTACT: Paul Week of April 8, 2019—Tentative Completed First Plant and First Three Kallan, Office of New Reactors, U.S. There are no meetings scheduled for Plant Tests Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: the week of April 8, 2019. AGENCY: Nuclear Regulatory 301–415–2809; email: Paul.Kallan@ Commission. Week of April 15, 2019—Tentative nrc.gov. ACTION: Exemption and combined There are no meetings scheduled for license amendment; correction. SUPPLEMENTARY INFORMATION: In the FR the week of April 15, 2019. on February 28. 2019, in FR Doc. 2019– ADDITIONAL INFORMATION: By a vote of 5– SUMMARY: The U.S. Nuclear Regulatory 03481, on page 84 FR 6838, in the 0 on March 5, 2019, the Commission Commission (NRC) is correcting a notice second column, under the heading determined pursuant to U.S.C. 552b(e) that was published in the Federal DATES correct ‘‘August 3, 2018’’ to read and ’9.107(a) of the Commission’s rules Register, (FR) on February 28. 2019, ‘‘January 22, 2019’’. that the above referenced Affirmation granting an exemption to allow a Dated at Rockville, Maryland, this 6th day Session be held with less than one week departure from the certification of March, 2019. notice to the public. The meeting is information of Tier 1 of the generic For the Nuclear Regulatory Commission. scheduled on March 11, 2019. design control document (DCD) and is Brian Hughes, CONTACT PERSON FOR MORE INFORMATION: issuing License Amendment Nos. 151 Acting Chief, Licensing Branch 2, Division For more information or to verify the and 150 to Combined Licenses (COLs), of Licensing, Siting, and Environmental status of meetings, contact Denise NPF 91 and NPF–92. This action is Analysis, Office of New Reactors. McGovern at 301–415–0681 or via email necessary to correct the date the [FR Doc. 2019–04309 Filed 3–8–19; 8:45 am] at [email protected]. The amendment and exemption were issued. BILLING CODE 7590–01–P schedule for Commission meetings is The amendment and exemption were subject to change on short notice. issued on January 22, 2019. The NRC Commission Meeting DATES: The correction is effective March OCCUPATIONAL SAFETY AND Schedule can be found on the internet 11, 2019. HEALTH REVIEW COMMISSION at: http://www.nrc.gov/public-involve/ ADDRESSES: Please refer to Docket ID public-meetings/schedule.html. NRC–2008–0252 when contacting the Senior Executive Service Performance The NRC provides reasonable NRC about the availability of Review Board Membership accommodation to individuals with information regarding this document. AGENCY: Occupational Safety and Health disabilities where appropriate. If you You may obtain publicly-available Review Commission. need a reasonable accommodation to information related to this document ACTION: Annual Notice. participate in these public meetings, or using any of the following methods:

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SUMMARY: Notice is given under 5 U.S.C. of Interest meetings between the dictate. Individuals planning to attend a 4314(c)(4) of the appointment of publication date of this Notice and webinar can find registration members to the Performance Review December 31, 2019. information at https://www.nano.gov/ Board (PRB) of the Occupational Safety DATES: The NNCO will hold one or more PublicWebinars. Written notices of and Health Review Commission. workshops, webinars, and Community participation for workshops, webinars, DATES: Membership is effective on of Interest teleconferences between the or Communities of Interest should be March 11, 2019. publication date of this Notice and sent to by email to [email protected]. FOR FURTHER INFORMATION CONTACT: December 31, 2019. Meeting Accommodations: Linda M. Beard, Human Resources ADDRESSES: Attendance information, Individuals requiring special Specialist, U.S. Occupational Safety and including addresses, will be posted on accommodation to access any of these Health Review Commission, 1120 20th nano.gov. For information about public events should contact info@ Street NW, Washington, DC 20036, (202) upcoming workshops and webinars, nnco.nano.gov at least ten business days 606–5393. please visit https://www.nano.gov/ prior to the meeting so that appropriate SUPPLEMENTARY INFORMATION: The events/meetings-workshops and https:// arrangements can be made. Review Commission, as required by 5 www.nano.gov/PublicWebinars. For Dated: March 5, 2019. U.S.C. 4314(c)(1) through (5), has more information on the Communities Stacy Murphy, established a Senior Executive Service of Interest, please visit https:// www.nano.gov/Communities. Operations Manager. PRB. The PRB reviews and evaluates the [FR Doc. 2019–04282 Filed 3–8–19; 8:45 am] initial appraisal of a senior executive’s FOR FURTHER INFORMATION CONTACT: For BILLING CODE 3270–F9–P performance by the supervisor, and information regarding this Notice, makes recommendations to the please contact Patrice Pages at info@ Chairman of the Review Commission nnco.nano.gov or (202)517–1050. regarding performance ratings, SUPPLEMENTARY INFORMATION: These SECURITIES AND EXCHANGE performance awards, and pay-for- public meetings address the charge in COMMISSION performance adjustments. Members of the 21st Century Nanotechnology the PRB serve for a period of 24 months. Research and Development Act for In the case of an appraisal of a career NNCO to provide ‘‘for public input and [Investment Company Act Release No. 33389; File No. 812–14990] appointee, more than half of the outreach . . . by the convening of members shall consist of career regular and ongoing public Macquarie Global Infrastructure Total appointees, pursuant to 5 U.S.C. discussions’’. Workshop and webinar Return Fund Inc., et al. 4314(c)(5). The names and titles of the topics may include future directions for PRB members are as follows: the National Nanotechnology Initiative; March 5, 2019. • Rachel Leonard, General Counsel of technical subjects; environmental, AGENCY: Securities and Exchange the President, Office of Science and health, and safety issues related to Commission (‘‘Commission’’). Technology Policy Eisenhower nanomaterials (nanoEHS); business case ACTION: Notice. Executive Office Building (EEOB); studies; or other areas of potential • Mary Thien Hoang, Chief of Staff interest to the nanotechnology Notice of an application under section Federal Maritime Commission; and community. Areas of focus for the 6(c) of the Investment Company Act of • Ted Wackler, P.E. Deputy Chief of Communities of Interest may include 1940 (‘‘Act’’) for an exemption from Staff, Executive Office of the President, research on nanoEHS; nanotechnology section 19(b) of the Act and rule Office of Science and Technology Policy education; nanomedicine; 19b–1 under the Act to permit a Eisenhower Executive Office Building nanomanufacturing; or other areas of registered closed-end investment (EEOB). potential interest to the nanotechnology company to make periodic distributions Dated: February 27, 2019. community. For example, the of long-term capital gains more Heather L. MacDougall, longstanding U.S.-EU NanoEHS frequently than permitted by section Chairman. Communities of Research provide a 19(b) or rule 19b–1. platform for scientists to develop a [FR Doc. 2019–04235 Filed 3–8–19; 8:45 am] shared repertoire of protocols and APPLICANTS: Macquarie Global BILLING CODE 7600–01–P methods to overcome research gaps and Infrastructure Total Return Fund Inc. barriers in nanosafety-specific focus (‘‘MGU’’), Delaware Investments areas such as human toxicity or risk Dividend and Income Fund, Inc. OFFICE OF SCIENCE AND assessment. The Communities of (‘‘DDF’’), each a closed-end investment TECHNOLOGY POLICY Interest are not intended to provide any company registered under the Act and government agency with advice or organized as a corporation under the National Nanotechnology Initiative recommendations; such action is laws of Maryland, Delaware Enhanced Meetings outside of their purview. Global Dividend and Income Fund (‘‘DEX,’’), a closed-end investment ACTION: Notice of public meetings. Registration: Due to space limitations, pre-registration for workshops is company registered under the Act and SUMMARY: The National Nanotechnology required. Workshop registration is on a organized as a statutory trust under the Coordination Office (NNCO), on behalf first-come, first-served basis, and will be laws of Delaware, Macquarie Capital of the Nanoscale Science, Engineering, capped as space limitations dictate. Investment Management LLC (‘‘MCIM’’), and Technology (NSET) Subcommittee Registration information will be and Delaware Management Company of the Committee on Technology, available at https://www.nano.gov/ (‘‘DMC’’), each a subsidiary of National Science and Technology events/meetings-workshops. Macquarie Group Limited Council (NSTC), will facilitate Registration for the webinars will open (‘‘Macquarie’’) and an investment stakeholder discussion of targeted approximately two weeks prior to each adviser registered under the Investment nanotechnology topics through event and will be capped at 500 Advisers Act of 1940 (‘‘Advisers Act’’). workshops, webinars, and Community participants or as space limitations MCIM serves as investment adviser to

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MGU and DMC serves as investment Summary of the Application proper disclosures and shareholders’ 1 adviser to DDF and DEX. 1. Section 19(b) of the Act generally understanding of the source(s) of a Fund’s distributions and concerns about FILING DATES: The application was filed makes it unlawful for any registered on December 21, 2018, and amended on investment company to make long-term improper sales practices. Among other March 4, 2019. capital gains distributions more than things, such terms and conditions once every twelve months. Rule 19b–1 require that (1) the board of directors or HEARING OR NOTIFICATION OF HEARING: under the Act limits to one the number trustees of the Fund (the ‘‘Board’’) An order granting the application will of capital gain dividends, as defined in review such information as is be issued unless the Commission orders section 852(b)(3)(C) of the Internal reasonably necessary to make an a hearing. Interested persons may Revenue Code of 1986 (‘‘Code,’’ and informed determination of whether to request a hearing by writing to the such dividends, ‘‘distributions’’), that a adopt the proposed Distribution Policy Commission’s Secretary and serving registered investment company may and that the Board periodically review applicants with a copy of the request, make with respect to any one taxable the amount of the distributions in light personally or by mail. Hearing requests year, plus a supplemental distribution of the investment experience of the should be received by the Commission made pursuant to section 855 of the Fund, and (2) that the Fund’s by 5:30 p.m. on March 29, 2019, and Code not exceeding 10% of the total shareholders receive appropriate should be accompanied by proof of amount distributed for the year, plus disclosures concerning the service on applicants, in the form of an one additional capital gain dividend distributions. affidavit or, for lawyers, a certificate of made in whole or in part to avoid the service. Pursuant to Rule 0–5 under the excise tax under section 4982 of the For the Commission, by the Division of Act, hearing requests should state the Code. Investment Management, under delegated nature of the writer’s interest, any facts 2. Applicants believe that investors in authority. bearing upon the desirability of a certain closed-end funds may prefer an Eduardo A. Aleman, hearing on the matter, the reason for the investment vehicle that provides regular Deputy Secretary. request, and the issues contested. current income through a fixed [FR Doc. 2019–04289 Filed 3–8–19; 8:45 am] Persons who wish to be notified of a distribution policy (‘‘Distribution BILLING CODE 8011–01–P hearing may request notification by Policy’’). Applicants propose that the writing to the Commission’s Secretary. Fund be permitted to adopt a Distribution Policy, pursuant to which ADDRESSES: The Commission: SECURITIES AND EXCHANGE the Fund would distribute periodically Secretary, U.S. Securities and Exchange COMMISSION to its stockholders a fixed monthly Commission, 100 F Street NE, percentage of the market price of the Washington, DC 20549–1090. [Release No. 34–85247; File No. SR–ICEEU– Fund’s common stock at a particular Applicants: 2005 Market Street, 9th 2019–004] point in time or a fixed monthly Floor, Philadelphia, PA 19103–7098. percentage of net asset value (‘‘NAV’’) at Self-Regulatory Organizations; ICE FOR FURTHER INFORMATION CONTACT: a particular time or a fixed monthly Clear Europe Limited; Notice of Filing amount per share of common stock, any Bruce R. MacNeil, Senior Counsel at and Immediate Effectiveness of of which may be adjusted from time to (202) 551–6817, or Nadya Roytblat, Proposed Rule Change Relating to Assistant Chief Counsel, at (202) 551– time. Amendments to the Clearing Rules 6825 (Division of Investment 3. Applicants request an order under (the ‘‘Rules’’) Management, Chief Counsel’s Office). section 6(c) of the Act granting an exemption from section 19(b) of the Act March 5, 2019. SUPPLEMENTARY INFORMATION: The and rule 19b–1 to permit a Fund to following is a summary of the distribute periodic capital gain Pursuant to Section 19(b)(1) of the application. The complete application dividends (as defined in section Securities Exchange Act of 1934 may be obtained via the Commission’s 852(b)(3)(C) of the Code) as frequently (‘‘Act’’),1 and Rule 19b–4 thereunder,2 website by searching for the file as twelve times in any one taxable year notice is hereby given that on February number, or for an applicant using the in respect of its common stock and as 22, 2019, ICE Clear Europe Limited Company name box, at http:// often as specified by, or determined in (‘‘ICE Clear Europe’’) filed with the www.sec.gov/search/search.htm, or by accordance with the terms of, any Securities and Exchange Commission calling (202) 551–8090. preferred stock issued by the Fund. (‘‘Commission’’) the proposed rule Section 6(c) of the Act provides, in changes described in Items I and II 1 Applicants request that the order also apply to relevant part, that the Commission may below, which Items have been prepared each other registered closed-end investment company advised or to be advised in the future by exempt any person or transaction from by ICE Clear Europe. ICE Clear Europe DMC or MCIM or by an entity controlling, any provision of the Act to the extent filed the proposed rule change pursuant controlled by, or under common control (within the that such exemption is necessary or to Section 19(b)(3)(A) of the Act 3 and meaning of section 2(a)(9) of the Act) with DCM or appropriate in the public interest and 4 MCIM (including any successor in interest) (each Rule 19b–4(f)(6) thereunder, so that the such entity, including MCIM and DMC are the consistent with the protection of proposal was immediately effective ‘‘Advisers’’ and individually an ‘‘Adviser’’) that in investors and the purposes fairly upon filing with the Commission. The the future seeks to rely on the order (such intended by the policy and provisions of investment companies, together with MGU, DDF Commission is publishing this notice to the Act. solicit comments on the proposed rule and DEX, are collectively the ‘‘Funds’’ and, 4. Applicants state that any order individually, a ‘‘Fund’’). A successor in interest is change from interested persons. limited to entities that result from a reorganization granting the requested relief will be into another jurisdiction or a change in the type of subject to the terms and conditions business organization. The requested order would stated in the application, which 1 15 U.S.C. 78s(b)(1). supersede a previous order (Macquarie Global 2 17 CFR 240.19b–4. Infrastructure Total Return Fund Inc., et al., generally are designed to address the Investment Company Act Rel. Nos. 28579 (Jan. 6, concerns underlying section 19(b) and 3 15 U.S.C. 78s(b)(3)(A). 2009) (notice) and 28611 (Feb. 3, 2009) (order)). rule 19b–1, including concerns about 4 17 CFR 240.19b–4(f)(6).

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I. Clearing Agency’s Statement of the ICE Clear Europe Rules relating to Commission has not found to offer an Terms of Substance of the Proposed personal data protection were amended adequate level of protection for personal Rule Change in 2018 to reflect certain requirements data under the GDPR, in other words, in of the GDPR as it applied to ICE Clear a scenario where no withdrawal ICE Clear Europe proposes to make Europe.7 Rule 106 currently requires, agreement has been agreed and there certain amendments to its Rules to among other provisions, that Clearing has been no adequacy decision by the address certain requirements under the Members ensure that personal data European Commission in respect of the European Union General Data transfers to ICEU are lawful. 9 5 UK. It is noted that if no withdrawal Protection Regulation (‘‘GDPR’’) in the If the UK ceases to be an EU member agreement is agreed at the time of the event that the United Kingdom (‘‘UK’’) state without a withdrawal agreement UK’s departure from the EU, it cannot ceases to be a European Union (‘‘EU’’) being agreed and in the absence of be assumed that an adequacy decision member state, which is currently adequacy decision, the UK would be a would automatically be granted. scheduled to occur on March 29, 2019, ‘third country’ for GDPR purposes. In The amendments would require that in circumstances where: (i) No that case, in certain circumstances, it the Clearing House and each Clearing withdrawal agreement has been agreed may be necessary or advisable to take Member subject to Chapter V of the between the UK and the EU27 which certain additional steps to avoid a GDPR which transfers Personal Data to stipulates that EU data protection law, greater risk that transfers of personal the Clearing House (an ‘‘Exporting among other laws, shall continue to data from EU27-based Clearing Member’’) agree to comply with the apply in the UK (a ‘‘withdrawal Members to ICE Clear Europe violate the Standard Contractual Clauses. Revised agreement’’); and (ii) the UK’s data GDPR. Specifically, if an EU27-based Rule 106 specifically provides for the protection laws have not been found to Clearing Member has not already put in positions of the Clearing Member and provide for an adequate level of place safeguards called for by the GDPR the Clearing House under the Standard protection for the personal data of with respect to transfer of personal data Contractual Clauses (as data exporter individuals in the EU pursuant to a from that member to ICE Clear Europe, and data importer, respectively). The decision made by the European that Clearing Member could violate the amendments also provide for the Commission under Article 45 of the GDPR if it continued to transfer Standard Contractual Clauses to take GDPR (an ‘‘adequacy decision’’). personal data to ICE Clear Europe. Thus, precedence over other Rules and the II. Clearing Agency’s Statement of the in the case of a UK exit without a Clearing Membership Agreement on Purpose of, and Statutory Basis for, the withdrawal agreement or adequacy Personal Data processing matters. The Proposed Rule Change decision, without any change to the amendments would define the terms Rules, Clearing Members could violate ‘‘Data Subject’’, ‘‘Process’’ (and In its filing with the Commission, ICE the GDPR as well as Rule 106, which derivations thereof), ‘‘Personal Data’’, Clear Europe included statements requires, among other provisions, that ‘‘Controller’’ and ‘‘Supervisory concerning the purpose of and basis for Clearing Members ensure that personal Authority’’ to have the meaning given to the proposed rule change and discussed data transfers to ICE Clear Europe are such terms in the GDPR for purposes of any comments it received on the lawful. Rule 106. Rule 106(d) (which defined proposed rule change. The text of these In light of this change in such terms, as well as certain other statements may be examined at the circumstances, although the principles terms that are not used in the Rule) has places specified in Item IV below. ICE of Rule 106 continue to be relevant, ICE been deleted and reserved as Clear Europe has prepared summaries, Clear Europe considers that it would be unnecessary. set forth in sections (A), (B), and (C) prudent to put in place additional The proposed amendments would below, of the most significant aspects of safeguards with respect to transfers of add a new Exhibit 5 to the Rules, which such statements. personal data from EU27-based Clearing reproduces the Standard Contractual Members to ICE Clear Europe such that (A) Clearing Agency’s Statement of the Clauses. The Standard Contractual it can be certain that such transfers are Clauses are in the form prescribed by Purpose of, and Statutory Basis for, the subject to appropriate safeguards within Proposed Rule Change the EU and have not been amended the meaning of the GDPR and therefore (except for Annex B which is intended (a) Purpose comply with the GDPR and Rule 106. As to be tailored to the processing of such, ICE Clear Europe proposes to personal data carried out by that The purpose of the proposed changes amend its Rules to incorporate standard is to amend the Rules 6 to address specific data controller). The Standard data protection clauses pursuant to Contractual Clauses define the terms certain requirements under the GDPR Article 46(2) of the GDPR in the form of relating to personal data in the context ‘‘personal data’’, ‘‘special categories of the Set II Standard Contractual Clauses data/sensitive data’’, ‘‘process/ of Clearing House activity that will published by the European Commission apply upon the UK ceasing to be an EU processing’’, ‘‘controller’’, ‘‘processor’’, for the transfer of personal data from the ‘‘data subject’’ and ‘‘supervisory member state, in circumstances where: 8 EU to third countries (the ‘‘Standard authority/authority’’, consistent with (i) No withdrawal agreement has been Contractual Clauses’’) into Rule 106 and agreed between the UK and the EU27; regulatory requirements. The term ‘‘data a new Exhibit 5. exporter’’ is defined as the controller and (ii) the UK has not been the subject The proposed amendments in new who transfers the personal data and the of an adequacy decision, such that the Rule 106(f) would by their terms apply term ‘‘data importer’’ is defined as the UK thereby becomes a third country only if ICE Clear Europe is established controller who agrees to receive from under the GDPR. in a jurisdiction which the European the data exporter personal data for further processing in accordance with 5 Regulation (EU) 2016/679 of the European 7 Exchange Act Release No. 34–83311 (SR– Parliament and of the Council of 27 April 2016 on ICEEU–2018–007) (May 23, 2018), 83 FR 24834 the Standard Contractual Clauses and is the protection of natural persons with regard to the (May 30, 2018). processing of personal data and on the free 8 SET II Standard contractual clauses for the 9 ICE Clear Europe believes that this scenario will, movement of such data. transfer of personal data from the Community to if it occurs, be readily apparent to market 6 Capitalized terms used but not defined herein third countries (controller to controller transfers), participants based on public actions of relevant have the meanings specified in the Rules. European Commission Decision C(2004)5721. authorities.

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not subject to a third country’s system designed to promote the prompt and export the data without violating GDPR ensuring adequate protection. accurate clearance and settlement of should UK depart the EU without a The Standard Contractual Clauses set securities transactions and, to the extent withdrawal agreement and without an out the obligations of the data exporter applicable, derivative agreements, adequacy decision. The amendments and data importer, which generally contracts, and transactions, the thereby facilitate continued clearing for relate to legal compliance, having in safeguarding of securities and funds in EU-based persons in accordance with place processes to protect personal data the custody or control of the clearing EU regulations relating to data and respond to enquiries, having agency or for which it is responsible, protection. ICE Clear Europe does not necessary legal authority to fulfill the and the protection of investors and the expect that the amendments will obligations, having sufficient financial public interest. The amendments clarify adversely impact its ability to comply resources to fulfill responsibilities certain rights and obligations of the with the Act or any standards under relating to liability for damages, and Clearing House and Clearing Members Rule 17Ad–22.14 agreeing to limitations on personal data with respect to personal data obtained transfer and processing. Each party in connection with clearing activity in (B) Clearing Agency’s Statement on commits to being liable to the other for light of legal considerations under the Burden on Competition damages caused by breach of the GDPR that may apply to Clearing ICE Clear Europe does not believe the Standard Contractual Clauses and to Members and ICE Clear Europe upon proposed rule changes would have any giving a data subject the right to enforce the UK departure from the EU if there impact, or impose any burden, on as a third party beneficiary many of the is no withdrawal agreement and the EU competition not necessary or Standard Contractual Clauses. The has not issued an adequacy decision. appropriate in furtherance of the Standard Contractual Clauses also set EU–27 based Clearing Members must in purpose of the Act. The amendments are out how disputes with data subjects or practice export personal data to ICE considered prudent in order for ICE authorities would be resolved. Clear Europe in order to clear Clear Europe to ensure that there will be The Standard Contractual Clauses transactions at ICE Clear Europe. The no interruption in the receipt of permit the data exporter to temporarily proposed Rule changes will facilitate personal data from its EU27-based suspend transfers of personal data to the the continued transfer of personal data Clearing Members (or increased risk to data importer if the importer has for that purpose in the scenario such Clearing Members in the provision breached its obligations, until the described above and avoid increased of such data). ICE Clear Europe does not breach is repaired, and further set out risk of violations of GDPR requirements believe the amendments will in the conditions under which either party in connection with such transfers. The themselves materially affect the cost of, may terminate the Standard Contractual changes will thus facilitate continued or access to, clearing as they are Clauses and when the authority must be clearing by EU–27 Clearing Members in generally consistent with GDPR informed. compliance with applicable law and requirements with which entities based Proposed Annex A to Exhibit 5 to the promote the prompt and accurate in the EU must already comply. To the Rules would set out certain data clearance and settlement of transactions extent the amendments impose certain processing principles which relate to by such persons. As such, the additional costs on Clearing Members purpose limitation of personal data amendments are consistent with the and Sponsored Principals through the processing; data quality and protection of investors and the public specific requirements of the Standard proportionality; transparency; security interest. (ICE Clear Europe does not Contractual Clauses that may differ from and confidentiality; rights of access, believe the amendments will have any current practices, these result from the rectification, deletion and objection; effect on the safeguarding of securities requirements imposed by the GDPR, and and funds in the custody or control of imposition of additional measures for are generally applicable to Clearing the Clearing House or for which it is sensitive data; permitting an opt-out Members and Sponsored Principals with respect to data use in marketing; responsible.) Moreover, the amendments are throughout the European Union. (In and limiting use of automated decisions addition, Clearing Members and relating to data subjects based on consistent with Rule 17Ad–22(e)(1),13 which requires that each covered Sponsored Principals are already personal data. required under the Rules to ensure that Proposed Annex B to Exhibit 5 to the clearing agency establish, implement, maintain and enforce written policies their transmission of data is lawful, and Rules sets out the description of the the amendments are therefore not Data Subjects, recipients of Personal and procedures reasonably designed to provide for a well-founded, clear, expected to impose significant Data, purpose of the transfer(s) and additional burdens.) As a result, ICE categories of Personal Data transferred transparent, and enforceable legal basis for each aspect of its activities in all Clear Europe does not believe the by the Exporting Member, for purposes proposed rule changes impose any of Rule 106. relevant jurisdictions. As discussed herein, the amendments are designed to burden on competition that is (b) Statutory Basis facilitate continued compliance by ICE inappropriate in furtherance of the ICE Clear Europe believes that the Clear Europe and its Clearing Members purposes of the Act. proposed amendments are consistent with requirements of GDPR that will (C) Clearing Agency’s Statement on with the requirements of Section 17A of apply upon the UK ceasing to be an EU Comments on the Proposed Rule the Act 10 and the regulations member state if there is no withdrawal Change Received From Members, thereunder applicable to it, including agreement and the EU has not issued an Participants or Others the standards under Rule 17Ad–22.11 In adequacy decision. EU based Clearing particular, Section 17A(b)(3)(F) of the Members must export personal data to Written comments relating to the Act 12 requires, among other things, that ICE Clear Europe in order to clear proposed amendments have not been the rules of a clearing agency be transactions at ICE Clear Europe, and solicited or received by ICE Clear this Rule change will facilitate those Europe. ICE Clear Europe will notify the 10 15 U.S.C. 78q–1. Clearing Members’ continued ability to Commission of any comments received 11 17 CFR 240.17Ad–22. 12 15 U.S.C. 78q–1(b)(3)(F). 13 17 CFR 240.17Ad–22(e)(1). 14 17 CFR 240.17Ad–22.

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with respect to the proposed rule significantly affect the protection of withdraw from the EU and could impair change. investors or the public interest. clearing by EU27-based clearing Moreover, because the Commission members after the UK’s withdrawal. As III. Date of Effectiveness of the believes that the proposed rule change a result, in ICE Clear Europe’s view, Proposed Rule Change and Timing for would be limited to adding to the Rules immediate effectiveness would be Commission Action the standard provisions under the GDPR consistent with the protection of Because the foregoing proposed rule already applicable to EU27-based investors and the public interest. change does not (i) significantly affect Clearing Members, the Commission The Commission believes that the protection of investors or the public does not believe that the proposed rule delaying the operation of the proposed interest; (ii) impose any significant change would impose any significant rule change would serve no purpose in burden on competition; and (iii) become burdens on EU27-based Clearing light of the fact that the proposed rule operative for 30 days from the date on Members. The Commission change, by its terms, would not be which it was filed, or such shorter time acknowledges that the proposed rule effective prior to March 29, 2019. as the Commission may designate if change could impose additional costs Moreover, the Commission believes, as consistent with the protection of on EU27-based Clearing Members if the represented by ICE Clear Europe, that investors and the public interest, Standard Contractual Clauses differ any delay in the operation of the provided that ICE Clear Europe has from their current practices, but the proposed rule change would be given the Commission written notice of Commission believes these costs would inconsistent with market expectations its intent to file the proposed rule be the result of the requirements and could hinder preparations for the change at least five business days prior imposed by the GDPR, not the proposed UK’s withdrawal from the EU by to the date of filing of the proposed rule rule change. Moreover, as noted, these delaying the operation of the proposed change or such shorter time as requirements are already applicable to rule change until shortly before the designated by the Commission,15 the all EU27-based Clearing Members, and scheduled withdrawal date. Further, the proposed rule change has become thus, EU27-based Clearing Members Commission believes, as discussed effective pursuant to Section 19(b)(3)(A) should already comply with these above, the proposed rule change would of the Act 16 and Rule 19b–4(f)(6) 17 requirements. For these reasons, the not (i) significantly affect the protection thereunder. Commission believes that the proposed of investors or the public interest; (ii) rule change would not impose any impose any significant burden on The Commission believes that the significant burden on competition. competition; or (iii) affect the proposed rule change would clarify A proposed rule change filed under safeguarding of funds or securities in certain rights and obligations of the Rule 19b–4(f)(6) 18 normally would not the custody or control of ICE Clear Clearing House and EU27-based become operative prior to 30 days after Europe or for which it is responsible. Clearing Members under the GDPR the date of its filing. Pursuant to Rule Rather, the Commission believes the regarding personal data transferred in 19b–4(f)(6)(iii),19 however, the proposed rule change would allow connection with clearing activity where Commission may designate a shorter EU27-based Clearing Members to the UK withdraws from the EU without time if such action is consistent with the continue clearing at ICE Clear Europe a withdrawal agreement and the EU has protection of investors and the public after the UK’s withdrawal from the EU. not issued an adequacy decision for the interest. ICE Clear Europe has requested Thus, the Commission believes that UK. As such, the Commission believes that the Commission waive the five-day waiving the 30-day operative delay that the proposed rule change would pre-filing requirement and the 30-day would not (i) significantly affect the have no effect on (i) the safeguarding of operative delay so that ICE Clear Europe protection of investors or the public funds or securities in the custody or may implement the proposed rule interest or (ii) impose any significant control of ICE Clear Europe or for which change prior to the UK’s departure from burden on competition. The it is responsible; (ii) the terms of cleared the EU, which is currently scheduled to Commission further believes that contracts; (iii) or the financial resources occur on March 29, 2019. ICE Clear waiving the 30-day operative delay of ICE Clear Europe. Moreover, the Europe believes that doing so would would provide certainty to ICE Clear Commission notes that the proposed facilitate Clearing Members’ continued Europe and EU27-based Clearing rule change would be limited to adding compliance with the GDPR Members regarding the application of to the Rules the standard provisions requirements which would apply upon the GDPR after the UK’s withdrawal already applicable under the GDPR. the UK’s withdrawal from the EU. from the EU. Therefore, the Commission Thus, EU27-based Clearing Members Moreover, ICE Clear Europe represents believes that waiving the 30-day would already be subject to these that because the proposed rule change operative delay is consistent with the requirements, and, as such, the would only apply upon the UK’s protection of investors and the public Commission does not believe that the withdrawal without a withdrawal interest and designates the proposed proposed rule change would impose any agreement or adequacy decision, the rule change as operative upon filing.20 new requirements on EU27-based proposed rule change would not have At any time within 60 days of the Clearing Members. Accordingly, the any effect sooner than the UK’s filing of the proposed rule change, the Commission does not believe that the departure from the EU (March 29, 2019), Commission summarily may proposed rule change would regardless of the 30-day operative delay. temporarily suspend such rule change if significantly affect the rights or ICE Clear Europe does not believe that it appears to the Commission that such obligations of ICE Clear Europe, a further operative delay would be action is: (i) Necessary or appropriate in Clearing Members, or other persons necessary in light of this fact, and the public interest; (ii) for the protection using the clearing service. For these further represents that any operative reasons, the Commission believes that delay would be inconsistent with 20 For these same reasons, the Commission waives the proposed rule change would not market expectations in light of the date the five-day pre-filing requirement. Moreover, for upon which the UK is scheduled to purposes only of waiving the five-day pre-filing requirement and the 30-day operative delay, the 15 ICE Clear Europe has satisfied this requirement. Commission has considered the proposed rule 16 15 U.S.C. 78s(b)(3)(A). 18 17 CFR 240.19b–4(f)(6). change’s impact on efficiency, competition, and 17 17 CFR 240.19b–4(f)(6). 19 17 CFR 240.19b–4(f)(6)(iii). capital formation. See 15 U.S.C. 78c(f).

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of investors; or (iii) otherwise in should refer to File Number SR–ICEEU– on the proposed rule change. The text furtherance of the purposes of the Act. 2019–004 and should be submitted on of those statements may be examined at If the Commission takes such action, the or before April 1, 2019. the places specified in Item IV below. Commission shall institute proceedings For the Commission, by the Division of The Exchange has prepared summaries, to determine whether the proposed rule Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, should be approved or disapproved. authority.21 of the most significant parts of such statements. IV. Solicitation of Comments Eduardo A. Aleman, Deputy Secretary. Interested persons are invited to A. Self-Regulatory Organization’s submit written data, views, and [FR Doc. 2019–04286 Filed 3–8–19; 8:45 am] Statement of the Purpose of, and the arguments concerning the foregoing, BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule including whether the proposed rule Change change is consistent with the Act. SECURITIES AND EXCHANGE 1. Purpose Comments may be submitted by any of COMMISSION The Exchange proposes to amend the the following methods: Fee Schedule to eliminate all fees and [Release No. 34–85248; File No. SR– Electronic Comments NYSECHX–2019–01] rebates related to SNAP and the • Use the Commission’s internet outbound routing service, which were comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE both decommissioned on December 31, 4 rules/sro.shtml) or Chicago, Inc.; Notice of Filing and 2018. Specifically, the Exchange • Immediate Effectiveness of Proposed proposes the following amendments: Send an email to rule-comments@ • sec.gov. Please include File Number SR– Rule Change To Amend the Fee Section E.6 (Routing Services Fees). ICEEU–2019–004 on the subject line. Schedule of the Exchange Current Section E.6 provides fees for away executions resulting from orders Paper Comments March 5, 2019. routed away from the Exchange • Send paper comments in triplicate Pursuant to Section 19(b)(1) 1 of the pursuant to the outbound routing to Secretary, Securities and Exchange Securities Exchange Act of 1934 service. Given that the outbound routing Commission, 100 F Street NE, (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 service has been decommissioned, the Washington, DC 20549–1090. notice is hereby given that, on February Exchange proposes to replace all text All submissions should refer to File 21, 2019, the NYSE Chicago, Inc. under Section E.6 with the term Number SR–ICEEU–2019–004. This file (‘‘NYSE Chicago’’ or ‘‘Exchange’’) filed ‘‘Reserved.’’ • number should be included on the with the Securities and Exchange Section E.8(c) (Order Cancellation subject line if email is used. To help the Commission (‘‘Commission’’) the Fee Exemption). Section E.8 provides Commission process and review your proposed rule change as described in the Order Cancellation Fee, which is comments more efficiently, please use Items I, II, and III below, which Items assessed to Participants 5 per trading only one method. The Commission will have been prepared by the self- account symbol. Paragraph (c) provides post all comments on the Commission’s regulatory organization. The an exemption to the Order Cancellation internet website (http://www.sec.gov/ Commission is publishing this notice to Fee if a trading account symbol meets a rules/sro.shtml). Copies of the solicit comments on the proposed rule minimum threshold of executions submission, all subsequent change from interested persons. resulting from single-sided orders submitted to the Matching System 6 amendments, all written statements I. Self-Regulatory Organization’s (‘‘eligible executions’’). When the with respect to the proposed rule Statement of the Terms of Substance of outbound routing service was change that are filed with the the Proposed Rule Change Commission, and all written operational, eligible executions The Exchange proposes to amend the communications relating to the included executions within the fee schedule of the Exchange (‘‘Fee proposed rule change between the Matching System and at away markets Schedule’’) to eliminate fees and rebates Commission and any person, other than (for orders that were routed away related to the Sub-second Non- those that may be withheld from the pursuant to the outbound routing displayed Auction Process (‘‘SNAP’’) 7 public in accordance with the service). However, given that the and the outbound routing service. The provisions of 5 U.S.C. 552, will be outbound routing service has been proposed rule change is available on the available for website viewing and decommissioned, eligible executions Exchange’s website at www.nyse.com, at printing in the Commission’s Public now only include executions within the the principal office of the Exchange, and Reference Room, 100 F Street NE, Matching System. Accordingly, the at the Commission’s Public Reference Washington, DC 20549, on official Exchange proposes to amend the Room. business days between the hours of definition of eligible executions to omit 10:00 a.m. and 3:00 p.m. Copies of such II. Self-Regulatory Organization’s references to the Routing Services and a filings will also be available for Statement of the Purpose of, and repetitive reference to executions within inspection and copying at the principal Statutory Basis for, the Proposed Rule the Matching System. Therefore, office of ICE Clear Europe and on ICE Change amended paragraph (c) would provide Clear Europe’s website at https:// In its filing with the Commission, the www.theice.com/clear-europe/ 4 See Exchange Act Release No. 84852 (December self-regulatory organization included 19, 2018), 83 FR 66808 (December 27, 2018) (SR– regulation. All comments received will statements concerning the purpose of, CHX–2018–09). be posted without change. Persons and basis for, the proposed rule change 5 See Article 1, Rule 1(z) of the rules of the submitting comments are cautioned that and discussed any comments it received Exchange defining ‘‘Participant.’’ we do not redact or edit personal 6 The Matching System is a ‘‘Trading Facility’’ of the Exchange as defined under Article 1, Rule 1(z) identifying information from comment 21 17 CFR 200.30–3(a)(12). of the rules of the Exchange. submissions. You should submit only 1 15 U.S.C. 78s(b)(1). 7 Only routable orders submitted to the Matching information that you wish to make 2 15 U.S.C. 78a. System were eligible to be routed away pursuant to available publicly. All submissions 3 17 CFR 240.19b–4. the outbound routing service.

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that eligible executions shall only B. Self-Regulatory Organization’s Paper Comments include executions resulting from Statement on Burden on Competition • Send paper comments in triplicate single-sided orders submitted to the to Secretary, Securities and Exchange Matching System. The Exchange does not believe that the proposed rule change will impose Commission, 100 F Street NE, • Section E.9 (SNAP Execution Fees). any burden on competition that is not Washington, DC 20549–1090. Current Section E.9 provides the fees for necessary or appropriate in furtherance All submissions should refer to File certain executions that resulted from of the purposes of the Act. Given that Number SR–NYSECHX–2019–01. This SNAP auctions. Given that SNAP has the proposed rule change deletes fees file number should be included on the been decommissioned, the Exchange and rebates for functionality that has subject line if email is used. To help the proposes to delete Section E.9 in its been decommissioned, the proposed Commission process and review your entirety. rule change does not raise any comments more efficiently, please use • Section Q (SNAP Incentive competitive issues. only one method. The Commission will post all comments on the Commission’s Program). Current Section Q provides C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ the SNAP Incentive Program, which Statement on Comments on the rules/sro.shtml). Copies of the provided certain rebates to Participants Proposed Rule Change Received From submission, all subsequent that initiated SNAP auctions. Given that Members, Participants, or Others SNAP has been decommissioned, the amendments, all written statements Exchange proposes to delete Section Q No written comments were solicited with respect to the proposed rule in its entirety. or received with respect to the proposed change that are filed with the rule change. Commission, and all written 2. Statutory Basis communications relating to the III. Date of Effectiveness of the The Exchange believes that the proposed rule change between the Proposed Rule Change and Timing for Commission and any person, other than proposed rule change is consistent with Commission Action Section 6(b) of the Act,8 in general, and those that may be withheld from the furthers the objectives of Section 6(b)(1) The foregoing rule change is effective public in accordance with the of the Act,9 in particular, in that is upon filing pursuant to Section provisions of 5 U.S.C. 552, will be designed to ensure that the Exchange is 19(b)(3)(A) 10 of the Act and available for website viewing and so organized and has the capacity to be subparagraph (f)(2) of Rule 19b–4 11 printing in the Commission’s Public able to carry out the purposes of this thereunder, because it establishes a due, Reference Room, 100 F Street NE, chapter and to comply, and to enforce fee, or other charge imposed by the Washington, DC 20549, on official compliance by its members and persons Exchange. business days between the hours of associated with its members, with the At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the provisions of this chapter, the rules and filing of such proposed rule change, the filing also will be available for regulations thereunder, and the rules of Commission summarily may inspection and copying at the principal the Exchange. Specifically, since the temporarily suspend such rule change if office of the Exchange. All comments proposed rule change eliminates it appears to the Commission that such received will be posted without change. obsolete fees and rebates, the proposed action is necessary or appropriate in the Persons submitting comments are rule change would clarify and public interest, for the protection of cautioned that we do not redact or edit streamline the Fee Schedule and investors, or otherwise in furtherance of personal identifying information from therefore enhance the ability of the the purposes of the Act. If the comment submissions. You should Exchange to enforce compliance by its Commission takes such action, the submit only information that you wish members and persons associated with Commission shall institute proceedings to make available publicly. All its members with the rules of the under Section 19(b)(2)(B) 12 of the Act to submissions should refer to File Exchange. determine whether the proposed rule Number SR–NYSECHX–2019–01 and change should be approved or should be submitted on or before April In addition, the Exchange believes 1, 2019. that the proposed rule change is disapproved. For the Commission, by the Division of consistent with Section 6(b) of the Act, IV. Solicitation of Comments in general, and furthers the objectives of Trading and Markets, pursuant to delegated authority.13 Section 6(b)(4) of the Act, in particular, Interested persons are invited to in that it provides for the equitable submit written data, views, and Eduardo A. Aleman, allocation of reasonable dues, fees, and arguments concerning the foregoing, Deputy Secretary. other charges among its members and including whether the proposed rule [FR Doc. 2019–04285 Filed 3–8–19; 8:45 am] issuers and other persons using its change is consistent with the Act. BILLING CODE 8011–01–P facilities. Specifically, since the Comments may be submitted by any of elimination of the obsolete fees and the following methods: rebates would apply to all members of Electronic Comments SMALL BUSINESS ADMINISTRATION the Exchange and the proposed rule change does not modify any other fees • Use the Commission’s internet [Disaster Declaration #15886 and #15887; and rebates that have already been comment form (http://www.sec.gov/ WASHINGTON Disaster Number WA–00076] rules/sro.shtml); or approved by the Commission, the Presidential Declaration of a Major • proposed rule change ensures the Send an email to rule-comments@ Disaster for Public Assistance Only for equitable allocation of reasonable dues, sec.gov. Please include File Number SR– the State of Washington fees, and other charges among its NYSECHX–2019–01 on the subject line. members. AGENCY: U.S. Small Business 10 15 U.S.C. 78s(b)(3)(A). Administration. 8 15 U.S.C. 78f(b). 11 17 CFR 240.19b–4(f)(2). 9 15 U.S.C. 78f(b)(1). 12 15 U.S.C. 78s(b)(2)(B). 13 17 CFR 200.30–3(a)(12).

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ACTION: Notice. SMALL BUSINESS ADMINISTRATION help SBA determine who is using the platform and the scope of their SUMMARY: This is a Notice of the Reporting and Recordkeeping participation, as well as to develop a Presidential declaration of a major Requirements Under OMB Review platform that would enable the user to disaster for Public Assistance Only for tailor delivery of content to meet their AGENCY: Small Business Administration. the State of WASHINGTON (FEMA– needs. 4418–DR), dated 03/04/2019. ACTION: 30-day notice. Title: Women’s Digitalization Incident: Severe Winter Storms, (Entrepreneur Learning) Initiative SUMMARY: The Small Business Straight-Line Winds, Flooding, Registration. Administration (SBA) is publishing this Landslides, Mudslides, and a Tornado. Description of Respondents: Women notice to comply with requirements of entrepreneurs. Incident Period: 12/10/2018 through the Paperwork Reduction Act (PRA) 12/24/2018. Form Number: N/A. requires agencies to submit proposed Estimated Annual Responses: DATES: Issued on 03/04/2019. reporting and recordkeeping 350,000. Physical Loan Application Deadline requirements to OMB for review and Estimated Annual Hour Burden: Date: 05/03/2019. approval, and to publish a notice in the 46,667. Economic Injury (EIDL) Loan Federal Register notifying the public Application Deadline Date: 12/04/2019. that the agency has made such a Curtis Rich, Management Analyst. ADDRESSES: Submit completed loan submission. This notice also allows an applications to: U.S. Small Business additional 30 days for public comments. [FR Doc. 2019–04310 Filed 3–8–19; 8:45 am] Administration, Processing and DATES: Submit comments on or before BILLING CODE 8025–01–P Disbursement Center, 14925 Kingsport April 10, 2019. Road, Fort Worth, TX 76155. ADDRESSES: Comments should refer to SOCIAL SECURITY ADMINISTRATION FOR FURTHER INFORMATION CONTACT: A. the information collection by name and/ Escobar, Office of Disaster Assistance, or OMB Control Number and should be [Docket No: SSA–2019–0008] U.S. Small Business Administration, sent to: Agency Clearance Officer, Curtis 409 3rd Street SW, Suite 6050, Rich, Small Business Administration, Agency Information Collection Washington, DC 20416, (202) 205–6734. 409 3rd Street SW, 5th Floor, Activities: Comment Request Washington, DC 20416; and SBA Desk SUPPLEMENTARY INFORMATION: Notice is The Social Security Administration Officer, Office of Information and hereby given that as a result of the (SSA) publishes a list of information Regulatory Affairs, Office of President’s major disaster declaration on collection packages requiring clearance Management and Budget, New 03/04/2019, Private Non-Profit by the Office of Management and Executive Office Building, Washington, organizations that provide essential Budget (OMB) in compliance with DC 20503. services of a governmental nature may Public Law 104–13, the Paperwork file disaster loan applications at the FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995, effective October address listed above or other locally Curtis Rich, Agency Clearance Officer, 1, 1995. This notice includes a revision announced locations. (202) 205–7030, [email protected]. of an OMB-approved information The following areas have been Copies: A copy of the Form OMB 83– collection. determined to be adversely affected by 1, supporting statement, and other SSA is soliciting comments on the the disaster: documents submitted to OMB for accuracy of the agency’s burden Primary Counties: Clallam, Grays review may be obtained from the estimate; the need for the information; Harbor, Island, Jefferson, Mason, Agency Clearance Officer. its practical utility; ways to enhance its Pacific, Snohomish, Whatcom. SUPPLEMENTARY INFORMATION: The U.S. quality, utility, and clarity; and ways to The Interest Rates are: Small Business Administration is minimize burden on respondents, planning to launch an online including the use of automated Percent entrepreneurship learning platform with collection techniques or other forms of a focus on women entrepreneurs information technology. Mail, email, or For Physical Damage: looking to scale their businesses. fax your comments and Non-Profit Organizations With Despite accounting for more than one- recommendations on the information Credit Available Elsewhere ... 2.750 third of U.S. businesses, women collection(s) to the OMB Desk Officer Non-Profit Organizations With- entrepreneurs still lag in sales and and SSA Reports Clearance Officer at out Credit Available Else- the following addresses or fax numbers. where ...... 2.750 revenue. This cloud-based learning For Economic Injury: initiative will provide the resources, (OMB), Office of Management and Non-Profit Organizations With- including peer-to-peer learning, Budget, Attn: Desk Officer for SSA, out Credit Available Else- mentoring, and networking Fax: 202–395–6974, Email address: where ...... 2.750 opportunities to help entrepreneurs [email protected] grow their business. Entrepreneurs are (SSA), Social Security Administration, The number assigned to this disaster required to complete a registration form OLCA, Attn: Reports Clearance for physical damage is 15886B and for in order to gain access to this resource. Director, 3100 West High Rise, 6401 economic injury is 158870. To create a basic user account, Security Blvd., Baltimore, MD 21235, (Catalog of Federal Domestic Assistance entrepreneur will be asked to provide Fax: 410–966–2830, Email address: Number 59008) basic contact information (name, email [email protected] address, and whether the entrepreneur Or you may submit your comments James Rivera, is currently in business). SBA also online through www.regulations.gov, Associate Administrator for Disaster proposes to collect additional referencing Docket ID Number [SSA– Assistance. information (e.g., the type of industry 2019–0008]. [FR Doc. 2019–04308 Filed 3–8–19; 8:45 am] the entrepreneur is engaged in, gender, SSA submitted the information BILLING CODE 8025–01–P and race or ethnicity) that is intended to collection below to OMB for clearance.

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Your comments regarding this Request for Reinstatement (Title XVI)— representative learns of individuals information collection would be most 20 CFR 416.999–416.999d—0960–0744 whose medical conditions no longer useful if OMB and SSA receive them 30 permit them to perform substantial days from the date of this publication. SSA uses Form SSA–372 to: (1) gainful activity as defined in the Act, To be sure we consider your comments, Inform previously entitled beneficiaries the claims representative gives the form we must receive them no later than of the expedited reinstatement (EXR) to the previously entitled individuals April 10, 2019. Individuals can obtain requirements of Supplemental Security (or mails it to those who request EXR copies of the OMB clearance package by Income (SSI) payments under Title XVI over the phone). SSA employees collect writing to OR.Reports.Clearance@ of the Social Security Act (Act); and (2) this information whenever an ssa.gov. document their requests for EXR. SSA individual files for EXR benefits. The requires this application for respondents are applicants for EXR of reinstatement of benefits for SSI disability payments. respondents to obtain SSI disability Type of Request: Revision of an OMB- payments for EXR. When an SSA claims approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–372 ...... 2,000 1 2 67

Dated: March 5, 2019. at the U.S. Department of State, Annex Chile requests will be held Monday, Naomi Sipple, 5, 2200 C St. NW, Washington, DC. April 1, 2019, from 1:30 p.m. to Reports Clearance Officer, Social Security Comments: Methods of written approximately 2:30 p.m. (EDT). Administration. comment submission are as follows: Instructions on participating in the open • [FR Doc. 2019–04292 Filed 3–8–19; 8:45 am] Electronic Comments: Use http:// session and a summary of the BILLING CODE 4191–02–P www.regulations.gov, enter the docket Government of Jordan’s request and the 2019–0004 and follow the prompts to Government of Chile’s request will be submit comments. made available at http://cultural • Paper Comments: If comments heritage.state.gov. DEPARTMENT OF STATE contain privileged or confidential If you wish to participate in the open [Public Notice 10698] information (within the meaning of 19 session at the meeting, you must request U.S.C. 2605(i)(1)), you may send to be scheduled by March 27, 2019, via Cultural Property Advisory Committee; comments to: U.S. Department of State, email ([email protected]) in order to be Notice of Meeting Bureau of Educational and Cultural guaranteed a slot. Please submit your Affairs—Cultural Heritage Center, SA–5 name and organizational affiliation in ACTION: Notice of a meeting. Floor 5, 2200 C St. NW, Washington, this request. The open session will start DC, 20522–0505. with a brief presentation by the SUMMARY: The Department of State is FOR FURTHER INFORMATION: For general Committee, after which participants issuing this notice to announce the questions concerning the meeting, should be prepared to answer questions location, date, time, and agenda for the contact Andrew Cohen, Bureau of on any written statements they may next meeting of the Cultural Property Educational and Cultural Affairs— have submitted. Finally, participants Advisory Committee. Cultural Heritage Center by phone, (202) may provide additional oral comments DATES: April 1–2, 2019, 9 a.m. to 5 p.m. 632–6301, or email: [email protected]. for up to five (5) minutes per and April 3, 2019, 9 a.m. to 1 p.m. SUPPLEMENTARY INFORMATION: Pursuant participant. Due to time constraints, it (EDT). The open session of the Cultural to § 306(e)(2) of the Convention on may not be possible to accommodate all Property Advisory Committee will be Cultural Property Implementation Act (5 who wish to speak. held on April 1, 2019, at 1:30 p.m. U.S.C. 2601 et seq.) (‘‘the Act’’), the Written Comments: If you do not wish (EDT). It will last approximately one Assistant Secretary of State for to participate in the open session but hour. Participants will participate Educational and Cultural Affairs calls a still wish to make your views known, electronically. Those who wish to meeting of the Cultural Property you may submit written comments for participate in the open session should Advisory Committee (’’the Committee’’). the Committee’s consideration. Written visit http://culturalheritage.state.gov The Committee’s responsibilities are comments from outside interested where information will be provided on carried out in accordance with parties regarding either the Jordan or how to access the meeting. Please provisions of the Act. A portion of this Chile requests must be submitted to the submit any request for reasonable meeting will be closed to the public Regulations.gov website listed in the accommodation not later than March 15 pursuant to 5 U.S.C. 552b(c)(9)(B) and ‘‘COMMENTS’’ section above no later by contacting the Bureau of Educational 19 U.S.C. 2605. than March 25, 2019, at 11:59 p.m. and Cultural Affairs at culprop@ Meeting Agenda: The Committee will (EDT). Your written comments should state.gov. It may not be possible to review the requests by the Government relate specifically to the matters referred accommodate requests made after that of the Hashemite Kingdom of Jordan to in 19 U.S.C. 2602(a)(1). The date. and the Government of the Republic of Department requests that any party Written Comments: Must be received Chile seeking import restrictions on soliciting or aggregating written no later than March 25, 2019, at 11:59 archaeological material. comments received from other persons p.m. (EDT). Open Session Participation: An open for submission to the Department ADDRESSES: The public will participate session of the meeting to receive oral inform those persons that the electronically. The members will meet public comments on the Jordan and Department will not edit their

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comments to remove any identifying or Convention is available at the Cultural affiliation. For Foreign National contact information and that they Heritage Center website: https:// attendees, please also provide your therefore should not include any such eca.state.gov/cultural-heritage-center. country of citizenship, date of birth, and information in their comments that they passport or diplomatic identification Marie Therese Porter Royce, do not want publicly disclosed. Written number with expiration date. comments submitted in electronic form Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. With the approval of the REDAC are not private. The Department will Chairman, members of the public may [FR Doc. 2019–04370 Filed 3–8–19; 8:45 am] post the comments at http:// present oral statements at the meeting. BILLING CODE 4710–05–P www.regulations.gov. Because written There will be no more than 45 minutes comments cannot be edited to remove allotted on the agenda for oral any personally identifying or contact statements. Oral statements are limited information, the U.S. Department of DEPARTMENT OF TRANSPORTATION to five minutes per speaker. Persons State cautions against including any Federal Aviation Administration wishing to present statements or obtain such information in an electronic information should contact the person submission without appropriate Research, Engineering and listed in the FOR FURTHER INFORMATION permission to disclose that information CONTACT section by March 28, 2019. (including trade secrets and commercial Development Advisory Committee; Meeting Members of the public may present a or financial information that are written statement to the committee at privileged or confidential within the AGENCY: Federal Aviation any time by providing 15 copies to the meaning of 19 U.S.C. 2605(i)(1)). Administration (FAA), DOT. Designated Federal Officer, or by Marie Therese Porter Royce, ACTION: Notice of Research, Engineering bringing the copies to the meeting. Assistant Secretary, Bureau of Educational & Development Advisory Committee If you are in need of assistance or and Cultural Affairs, Department of State. (REDAC) meeting. require a reasonable accommodation for [FR Doc. 2019–04373 Filed 3–8–19; 8:45 am] this meeting, please contact the person SUMMARY: The FAA is issuing this notice BILLING CODE 4710–05–P listed under the heading FOR FURTHER to advise the public of a meeting of the INFORMATION CONTACT at least 10 REDAC. calendar days before the meeting. DEPARTMENT OF STATE DATES: The meeting will be held on Issued in Washington, DC, on March 5, April 11, 2019, starting at 9:00 a.m. [Public Notice 10699] 2019. Eastern Standard Time. Arrange oral Chinita A. Roundtree-Coleman, presentations by March 28, 2019. Notice of Receipt of Request From the IT Specialist, Research and Development Government of the Republic of Chile ADDRESSES: The meeting will be held at Management Division, ANG–E41, Federal Under Article 9 of the 1970 UNESCO the Federal Aviation Administration, Aviation Administration. Convention on the Means of 800 Independence Avenue SW, [FR Doc. 2019–04369 Filed 3–8–19; 8:45 am] Prohibiting and Preventing the Illicit Washington, DC 20591. BILLING CODE 4910–13–P Import, Export and Transfer of FOR FURTHER INFORMATION CONTACT: Ownership of Cultural Property Chinita A. Roundtree-Coleman at (609) SUMMARY: Notice of receipt of request 485–7149 or email at chinita.roundtree- DEPARTMENT OF TRANSPORTATION from Chile for cultural property [email protected]. Federal Aviation Administration protection. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal FOR FURTHER INFORMATION CONTACT: [Summary Notice No. 2019–06] Allison Davis, Cultural Heritage Center, Advisory Committee Act (Pub. L. 92– Bureau of Educational and Cultural 463, 5 U.S.C. App. 2), notice is giving notice of the REDAC meeting on April Petition for Exemption; Summary of Affairs: 202–632–6301; culprop@ Petition Received; Mohd Shaikhsorab state.gov, include ‘‘Chile’’ in the subject 11, 2019. The Draft Agenda includes: line. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: The 1. Opening of Meeting/Introduction of Administration (FAA), Department of Government of the Republic of Chile has REDAC Members Transportation (DOT). 2. Official Statement of Designated made a request to the Government of the ACTION: Notice. United States under Article 9 of the Federal Official 3. Chairman’s Report 1970 UNESCO Convention on the SUMMARY: This notice contains a Means of Prohibiting and Preventing the 4. FAA Report 5. Reports from Subcommittees summary of a petition seeking relief Illicit Import, Export and Transfer of from specified requirements of Federal Ownership of Cultural Property. The 6. Committee Discussions— Recommendations Aviation Regulations. The purpose of United States Department of State this notice is to improve the public’s received this request on February 4, 7. REDAC Chairman Closing Comments & Adjourn awareness of, and participation in, the 2019. Chile’s request seeks U.S. import FAA’s exemption process. Neither restrictions on archaeological material Attendance is open to the interested publication of this notice nor the representing Chile’s cultural patrimony. public but registration is required and inclusion or omission of information in Pursuant to the authority vested in the space is limited to the space available. the summary is intended to affect the Assistant Secretary of State for Please confirm your attendance with the legal status of the petition or its final Educational and Cultural Affairs, and person listed in the FOR FURTHER disposition. pursuant to 19 U.S.C. 2602(f)(1), INFORMATION CONTACT section no later notification of the request is hereby than March 28, 2019. Please provide the DATES: Comments on this petition must published. A public summary of Chile’s following information: Full legal name, identify the petition docket number and request and information about U.S. country of citizenship, and name of must be received on or before April 1, implementation of the 1970 UNESCO your industry association, or applicable 2019.

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ADDRESSES: Send comments identified The petitioner indicates that he is 15 140, Washington DC 20590, between 9 by docket number FAA–2019–0072 years old, and plans to attempt a world a.m. and 5 p.m., Monday through using any of the following methods: record as the first American pilot to Friday, except on Federal holidays. • Federal eRulemaking Portal: Go to complete all three-circumnavigation FOR FURTHER INFORMATION CONTACT: http://www.regulations.gov and follow diamonds of the earth solo, and the Casey Nair, FAA’s UAS Low Altitude the online instructions for sending your fastest circumnavigation by a single Authorization and Notification comments electronically. engine aircraft. The petitioner states Capability (LAANC) Program Manager, • Mail: Send comments to Docket that, if he waits until turning 17 years tel (202) 267–0369 or via email at Operations, M–30; U.S. Department of old, he will not qualify for the record as [email protected]. Transportation, 1200 New Jersey the youngest pilot to circumnavigate the SUPPLEMENTARY INFORMATION: Public Avenue SE, Room W12–140, West world. Comments Invited. You are asked to Building Ground Floor, Washington, DC [FR Doc. 2019–04377 Filed 3–8–19; 8:45 am] comment on any aspect of this 20590–0001. BILLING CODE 4910–13–P • information collection, including (a) Hand Delivery or Courier: Take whether the proposed collection of comments to Docket Operations in DEPARTMENT OF TRANSPORTATION information is necessary for the FAA’s Room W12–140 of the West Building performance; (b) the accuracy of the Ground Floor at 1200 New Jersey Federal Aviation Administration estimated burden; (c) ways for the FAA Avenue SE, Washington, DC 20590– to enhance the quality, utility, and 0001, between 9 a.m. and 5 p.m., [Docket No. FAA–2019–0154] clarity of the information collection; and Monday through Friday, except Federal (d) ways that the burden could be Agency Information Collection holidays. minimized without reducing the quality • Fax: Fax comments to Docket Activities: Proposed Collection: Public of the collected information. Comment Request Operations at (202) 493–2251. Title: Airspace Authorizations in Privacy: In accordance with 5 U.S.C. AGENCY: Controlled Airspace under 49 U.S.C. 553(c), DOT solicits comments from the Federal Aviation 44809(a)(5). public to better inform its rulemaking Administration (FAA), Department of Transportation (DOT). OMB Control Number: This is a new process. DOT posts these comments, collection. without edit, including any personal ACTION: 60-Day notice and request for comments. Form Number(s): There are no FAA information the commenter provides, to forms associated with this collection. http://www.regulations.gov, as SUMMARY: The Federal Aviation Type of Review: Approval of a new described in the system of records Administration is seeking approval from information collection. notice (DOT/ALL–14 FDMS), which can the Office of Management and Budget Background: Congress recently be reviewed at http://www.dot.gov/ (OMB) for approval of a new enacted the FAA Reauthorization Act of privacy. information collection related to 2018 (the Act), which was signed into Docket: Background documents or airspace authorization requests. As law by the President on October 5, 2018. comments received may be read at required by the Paperwork Reduction Included within the Act is 49 U.S.C. http://www.regulations.gov at any time. Act of 1995 (PRA), the purpose of this 44809(a), which established limited Follow the online instructions for notice is to allow 60 days for public recreational operations of unmanned accessing the docket or go to the Docket comment. aircraft. Limited recreational operations Operations in Room W12–140 of the The FAA proposes collecting are those operations otherwise excepted West Building Ground Floor at 1200 information pursuant to new from FAA certification and operating New Jersey Avenue SE, Washington, DC requirements that limited recreational authority by adhering to all of the 20590–0001, between 9 a.m. and 5 p.m., operations of unmanned aircraft must limitations listed in 49 U.S.C. Monday through Friday, except Federal now apply for airspace authorizations in 44809(a)(1) thru (8). Among the listed holidays. controlled airspace. The FAA will use limitations that must be met, 49 U.S.C. FOR FURTHER INFORMATION CONTACT: the collected information to make 44809(a)(5) requires that these Thea Dickerman (202) 267–2371, Office determinations whether to authorize or operations receive an authorization from of Rulemaking, Federal Aviation deny the requested operation of UAS in the FAA prior to conducting any small Administration, 800 Independence controlled airspace. The proposed UAS flight in Class B, Class C, Class D, Avenue SW, Washington, DC 20591. information collection is necessary to or within the lateral boundaries of the This notice is published pursuant to issue such authorizations or denials surface area of Class E airspace 14 CFR 11.85. consistent with the FAA’s mandate to designated for an airport. This is a new Issued in Washington, DC, on March 1, ensure safe and efficient use of national requirement. Previously, only persons 2019. airspace. operating under part 107 have been Lirio Liu, DATES: Written comments should be required to request these authorizations Executive Director, Office of Rulemaking. submitted by May 10, 2019. pursuant to OMB Control Number ADDRESSES: You may submit comments 2120–0768. Petition for Exemption [identified by Docket No. FAA–2019– In order to process airspace Docket No.: FAA–2019–0072. 0154] through one of the following authorization requests, the FAA requires Petitioner: Mohd Shaikhsorab. methods: the operator’s name, the operator’s Section(s) of 14 CFR Affected: • Federal eRulemaking Portal: http:// contact information, and information 61.103(a). www.regulations.gov. Follow the online related to the date, place, and time of Description of Relief Sought: The instructions for submitting comments. the requested small UAS operation. This petitioner seeks relief from 14 CFR • Fax: 1–202–493–2251. information is necessary for the FAA to 61.103(a) which requires that a person • Mail or Hand Delivery: Docket meet its statutory mandate of must be at least 17 years of age to obtain Management Facility, U.S. Department maintaining a safe and efficient national a private pilot airman certificate for a of Transportation, 1200 New Jersey airspace. See 49 U.S.C. 40103, 44701, rating in other than a glider or a balloon. Avenue SE, West Building, Room W12– and 44807. Similar to the existing

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process for part 107 operations, the FAA DEPARTMENT OF TRANSPORTATION 136, 5100–137, 5100–138, 5100–139, proposes to use LAANC and a web 5100–140, 5100–141, 5100–142, 5370–1. portal to process airspace authorization Federal Aviation Administration Type of Review: Renewal of an requests for limited recreational [Docket No. FAA–2019–0103] information collection. operations. Background: Codification of certain U.S. Transportation laws at 49 U.S.C., Affected Public: Limited recreational Agency Information Collection repealed the Airport and Airway operators of small unmanned aircraft Activities: Requests for Comments; Clearance of a Renewed Approval of Improvement Act of 1982, as amended, seeking to conduct flights within Class Information Collection: Airport Grants and the Aviation Safety and Noise B, Class C, Class D, or within the lateral Program Abatement Act of 1979, as amended, boundaries of the surface area of Class and re-codified them without E airspace designated for an airport. AGENCY: Federal Aviation substantive change at Title 49 U.S.C., Frequency of Submission: The Administration (FAA), DOT. which is referred to as the ‘‘Act.’’ The requested information will need to be ACTION: Notice and request for Act provides funding for airport provided each time a limited comments. planning and development projects at recreational operator respondent airports included in the National Plan of SUMMARY: In accordance with the requests an airspace authorization to Integrated Airport Systems. The Act also Paperwork Reduction Act of 1995, FAA authorizes funds for noise compatibility conduct a limited recreational operation invites public comments about our of a small UAS in controlled airspace. planning and to carry out noise intention to request the Office of compatibility programs. The Number of Respondents: Between Management and Budget (OMB) information required by this program is 2019–2021, the FAA estimates it will approval to renew an information necessary to protect the Federal interest receive a total of 1,165,387 requests for collection. The collection involves data in safety, efficiency, and utility of the airspace authorizations or 388,462 from airport sponsors and planning Airport. Data is collected to meet report annually. agencies to determine eligibility, and to requirements of 2 CFR part 200 for Total Annual Burden: Because the ensure proper use of Federal funds and certifications and representations, project accomplishments for the Airport FAA has not previously collected financial management and performance Improvement Program. airspace authorization requests from measurement. users under 49 U.S.C 44809(a)(5), the DATES: Written comments should be Respondents: Approximately 13,000 FAA used historical data related to submitted by May 10, 2019. applications. airspace authorization requests ADDRESSES: Please send written Frequency: Information is collected submitted by part 107 operators. Under comments: on occasion. part 107, the FAA has received .318 By Electronic Docket: Estimated Average Burden per requests per UAS registered and 85.2% www.regulations.gov (Enter docket Response: Approximately 9 hours. number into search field). of those requests were made through Estimated Total Annual Burden: By mail: Robin Hunt, Acting Director, Approximately 118,000 hours. LAANC and 14.8% of the requests were Office of Airport Planning and Issued in Washington, DC, on March 6, made through the web portal. Applying Programming, APP–1 Federal Aviation these ratios to 49 U.S.C. 44809 2019. Administration, 800 Independence Ave. Lori K. Pagnanelli, respondents, the FAA estimates that the SW, Suite 620, Washington, DC 20591. annual burden hours on respondents Acting Manager, Airports Financial By fax: 202–267–5302. Assistance Division, APP–500. will be 55,224 hours (26,478 hours for Public Comments Invited: You are 330, 970 LAANC respondents and asked to comment on any aspect of this [FR Doc. 2019–04300 Filed 3–8–19; 8:45 am] 28,746 hours for 57,492 web portal information collection, including (a) BILLING CODE 4910–13–P respondents) for airspace Whether the proposed collection of authorizations. To determine this information is necessary for FAA’s DEPARTMENT OF TRANSPORTATION calculation, the FAA estimates that a performance; (b) the accuracy of the respondent will require 5 minutes (or estimated burden; (c) ways for FAA to Federal Aviation Administration .08 hours) to complete the authorization enhance the quality, utility and clarity request form using LAANC and 30 of the information collection; and (d) [Summary Notice No. 2019–04] minutes (or .5 hours) using the web ways that the burden could be portal. minimized without reducing the quality Petition for Exemption; Summary of of the collected information. The agency Petition Received; Debra Plymate Under 44 U.S.C. 3507(a) and 5 CFR will summarize and/or include your 1320.5(b), 1320.8(b)(3)(vi), FAA informs AGENCY: Federal Aviation comments in the request for OMB’s Administration (FAA), Department of all interested parties that it may not clearance of this information collection. conduct or sponsor, and a respondent is Transportation (DOT). FOR FURTHER INFORMATION CONTACT: not required to respond to, a collection ACTION: Notice. Patricia Dickerson by email at: of information unless it displays a [email protected]; phone: SUMMARY: currently valid OMB control number. This notice contains a 202–267–9297. summary of a petition seeking relief Authority: 44 U.S.C. 3501–3520. SUPPLEMENTARY INFORMATION: from specified requirements of Federal Issued in Washington, DC, on March 5, OMB Control Number: 2120–0569. Aviation Regulations. The purpose of 2019. Title: Airport Grants Program. this notice is to improve the public’s Casey Nair, Form Numbers: FAA Forms 5100– awareness of, and participation in, the 100, 5100–101, 5100–108, 5100–110, FAA’s exemption process. Neither UAS LAANC Program Manager. 5100–126, 5100–127, 5100–128, 5100– publication of this notice nor the [FR Doc. 2019–04368 Filed 3–8–19; 8:45 am] 129, 5100–130, 5100–131, 5100–132, inclusion or omission of information in BILLING CODE 4910–13–P 5100–133, 5100–134, 5100–135, 5100– the summary is intended to affect the

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legal status of the petition or its final Section(s) of 14 CFR Affected: Avenue SE, Room W12–140, West disposition. §§ 61.315(a), 61.411(a), 61.415, and Building Ground Floor, Washington, DC 61.429(b). 20590–0001. DATES: Comments on this petition must Description of Relief Sought: The • identify the petition docket number and Hand Delivery or Courier: Take petitioner request an exemption to allow must be received on or before April 1, comments to Docket Operations in the McClish Funk B to be operated by 2019. Room W12–140 of the West Building FAA certificated sport pilots, student Ground Floor at 1200 New Jersey ADDRESSES: Send comments identified pilots seeking a sport pilot certificate, Avenue SE, Washington, DC 20590– by docket number FAA–2018–1083 and certified flight instructors with 0001, between 9 a.m. and 5 p.m., using any of the following methods: sport pilot ratings. Exemption from 14 Monday through Friday, except Federal • Federal eRulemaking Portal: Go to CFR 61.315(a) will permit persons holidays. http://www.regulations.gov and follow exercising the privileges of a sport pilot • Fax: Fax comments to Docket the online instructions for sending your certificate or student pilots seeking a Operations at (202) 493–2251. comments electronically. sport pilot certificate to operate the • Privacy: In accordance with 5 U.S.C. Mail: Send comments to Docket McClish Funk B, and permit flight time 553(c), DOT solicits comments from the Operations, M–30; U.S. Department of obtained in the McClish Funk B to be public to better inform its rulemaking Transportation, 1200 New Jersey considered flight time obtained in a process. DOT posts these comments, Avenue SE, Room W12–140, West light-sport aircraft. An exemption from without edit, including any personal Building Ground Floor, Washington, DC 14 CFR 61.411(a), 61.415, and 61.429(b) information the commenter provides, to 20590–0001. will permit persons exercising the • http://www.regulations.gov, as Hand Delivery or Courier: Take privileges of a flight instructor described in the system of records comments to Docket Operations in certificate with a sport pilot rating to notice (DOT/ALL–14 FDMS), which can Room W12–140 of the West Building provide flight training in the McClish be reviewed at http://www.dot.gov/ Ground Floor at 1200 New Jersey Funk B. privacy. Avenue SE, Washington, DC 20590– [FR Doc. 2019–04376 Filed 3–8–19; 8:45 am] Docket: Background documents or 0001, between 9 a.m. and 5 p.m., BILLING CODE 4910–13–P comments received may be read at Monday through Friday, except Federal http://www.regulations.gov at any time. holidays. Follow the online instructions for • DEPARTMENT OF TRANSPORTATION Fax: Fax comments to Docket accessing the docket or go to the Docket Operations at (202) 493–2251. Federal Aviation Administration Operations in Room W12–140 of the Privacy: In accordance with 5 U.S.C. West Building Ground Floor at 1200 553(c), DOT solicits comments from the [Summary Notice No. 2019–03] New Jersey Avenue SE, Washington, DC public to better inform its rulemaking 20590–0001, between 9 a.m. and 5 p.m., process. DOT posts these comments, Petition for Exemption; Summary of Monday through Friday, except Federal without edit, including any personal Petition Received; Alaska Air Carriers holidays. information the commenter provides, to Association http://www.regulations.gov, as FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation described in the system of records Tiffany Griffith (202) 267–7571, Office Administration (FAA), Department of notice (DOT/ALL–14 FDMS), which can of Rulemaking, Federal Aviation Transportation (DOT). be reviewed at http://www.dot.gov/ Administration, 800 Independence privacy. ACTION: Notice. Avenue SW, Washington, DC 20591. Docket: Background documents or This notice is published pursuant to SUMMARY: This notice contains a 14 CFR 11.85. comments received may be read at summary of a petition seeking relief http://www.regulations.gov at any time. from specified requirements of Federal Issued in Washington, DC, on March 6, Follow the online instructions for Aviation Regulations. The purpose of 2019. accessing the docket or go to the Docket this notice is to improve the public’s Lirio Liu, Operations in Room W12–140 of the awareness of, and participation in, the Executive Director, Office of Rulemaking. West Building Ground Floor at 1200 FAA’s exemption process. Neither Petition for Exemption New Jersey Avenue SE, Washington, DC publication of this notice nor the 20590–0001, between 9 a.m. and 5 p.m., inclusion or omission of information in Docket No.: FAA–2019–0049. Monday through Friday, except Federal the summary is intended to affect the Petitioner: Alaska Air Carriers holidays. legal status of the petition or its final Association. FOR FURTHER INFORMATION CONTACT: disposition. Section(s) of 14 CFR Affected: 135.154 Alphonso Pendergrass (202) 267–4713, DATES: Comments on this petition must (b)(2). Office of Rulemaking, Federal Aviation identify the petition docket number and Description of Relief Sought: Administration, 800 Independence must be received on or before April 1, Petitioner requests an exemption from Avenue SW, Washington, DC 20591. 2019. § 135.154 (b) (2), the TAWS–B This notice is published pursuant to ADDRESSES: Send comments identified requirement for single-engine turbine 14 CFR 11.85. by docket number FAA–2019–0049 powered aircraft equipped with 6 to 9 Issued in Washington, DC, on February 26, using any of the following methods: passenger seats in Alaska in accordance 2019. • Federal eRulemaking Portal: Go to with Visual Flight Rules. In lieu of the Lirio Liu, http://www.regulations.gov and follow installation of TAWS Class B Executive Director, Office of Rulemaking. the online instructions for sending your equipment, the petitioner would equip airplanes with TSO–C151 TAWS Class Petition for Exemption comments electronically. • Mail: Send comments to Docket C equipment with a terrain display. Docket No.: FAA–2018–1083. Operations, M–30; U.S. Department of [FR Doc. 2019–04379 Filed 3–8–19; 8:45 am] Petitioner: Debra Plymate. Transportation, 1200 New Jersey BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION 306108], and the Clean Air Act [42 4(f) determination, date December 10, U.S.C. 7401–7671q]. This notice does 2018; Finding of No Significant Impact Federal Transit Administration not, however, alter or extend the for the Albany Multimodal limitation period for challenges of Transportation Center, dated December Limitation on Claims Against Proposed project decisions subject to previous 10, 2018; Section 106 finding of no Public Transportation Projects notices published in the Federal adverse effect to historic properties for AGENCY: Federal Transit Administration Register. The projects and actions that the Albany Freedom Historic District (FTA), DOT. are the subject of this notice are: and Section 106 finding of adverse 1. Project name and location: ACTION: Notice. effect for Archaeological Site 9DU286, Northwest Phase II Light Rail Extension, SHPO concurrence dated April 13, SUMMARY: This notice announces final City of Phoenix, Maricopa County, 2018; executed Memorandum of environmental actions taken by the Arizona. Project sponsor: Valley Metro. Agreement dated December 10, 2018; Federal Transit Administration (FTA) Project description: Valley Metro plans project-level air quality conformity. for projects in Phoenix, Arizona and to construct the Northwest Phase II Supporting documentation: Albany, Georgia. The purpose of this Light Rail Extension to extend service Environmental Assessment Albany notice is to announce publicly the 1.5 miles northwest of the existing Multimodal Transportation Center, environmental decisions by FTA on the Valley Metro light rail line at Dunlap Dougherty County, Georgia, dated May subject projects and to activate the and 19th Avenues to the Metrocenter 22, 2018. limitation on any claims that may Mall located on the western side of challenge these final environmental Interstate 17 (I–17). The project consists Elizabeth S. Riklin, actions. of the construction of three new light Deputy Associate Administrator for Planning rail stations, two park and ride facilities, and Environment. DATES: By this notice, FTA is advising [FR Doc. 2019–04284 Filed 3–8–19; 8:45 am] the public of final agency actions a new rail bridge over I–17, replacement subject to 23 U.S.C. 139(l). A claim of two existing bridges to accommodate BILLING CODE P seeking judicial review of FTA actions light rail vehicles, vehicular traffic and bicycles, and relocation of the existing announced herein for the listed public DEPARTMENT OF TRANSPORTATION transportation projects will be barred Metrocenter Transit Center. This notice only applies to the discrete actions unless the claim is filed on or before Federal Transit Administration August 8, 2019. taken by FTA at this time, as described below. Nothing in this notice affects FOR FURTHER INFORMATION CONTACT: Extension of Public Scoping Period for FTA’s previous decisions, or notice the West Seattle and Ballard Link Nancy-Ellen Zusman, Assistant Chief thereof, for this project. Final agency Extensions, King County, Washington Counsel, Office of Chief Counsel, (312) actions: Section 4(f) determination, 353–2577 or Juliet Bochicchio, dated October 26, 2018; Section 106 AGENCY: Federal Transit Administration Environmental Protection Specialist, finding of no adverse effect to historic (FTA), DOT. Office of Environmental Programs, (202) properties, State Historic Preservation 366–9348. FTA is located at 1200 New ACTION: Notice; extension of public Office (SHPO) concurrence dated comment period. Jersey Avenue SE, Washington, DC October 22, 2018; project-level air 20590. Office hours are from 9:00 a.m. quality conformity; Section 6(f) of the SUMMARY: On February 12, 2019 the to 5:00 p.m., Monday through Friday, Land and Water Conservation Fund Act Federal Transit Administration (FTA) except Federal holidays. determination, dated January 5, 2018; published a notice of intent (NOI) in the SUPPLEMENTARY INFORMATION: Notice is and Finding of No Significant Impact for Federal Register to prepare an hereby given that FTA has taken final the Northwest Phase II Light Rail environmental impact statement (EIS) agency actions by issuing certain Extension, dated February 5, 2019. with the Central Puget Sound Regional approvals for the public transportation Supporting documentation: Transit Authority (Sound Transit) for projects listed below. The actions on the Environmental Assessment Northwest the West Seattle and Ballard Link projects, as well as the laws under Phase II Light Rail Extension, dated Extensions (WSBLE) Project. The public which such actions were taken, are September 20, 2018. scoping period on the NOI was described in the documentation issued 2. Project name and location: Albany originally scheduled to end on March in connection with the projects to Multimodal Transportation Center, 18, 2019. FTA is extending the public comply with the National Albany, Georgia. Project Sponsor: City scoping period and will accept Environmental Policy Act (NEPA) and of Albany and Georgia Department of comments until April 2, 2019. in other documents in the FTA Transportation (GDOT). Project DATES: Written comments on the scope environmental project file for the description: The City of Albany and and alternatives to be considered in EIS, projects. Interested parties may contact GDOT will construct a new multimodal as described in the NOI (84 FR 3541; either the project sponsor or the relevant transportation center for the Albany February 12, 2019), must be submitted FTA Regional Office for more Transit System on a 3-acre site that will no later than April 2, 2019. information. Contact information for house and support ATS operational ADDRESSES: FTA’s Regional Offices may be found at needs, and other potential uses, such as You may submit written https://www.fta.dot.gov. intercity bus, rural transit, taxis, private comments on the scope of the EIS to: This notice applies to all FTA auto services, and typical transit- WSBLE (c/o Lauren Swift) Sound decisions on the listed projects as of the oriented and transit-related commercial Transit, 401 S Jackson Street, Seattle, issuance date of this notice and all laws uses, as well as a small public computer WA 98104–2826, or by email to under which such actions were taken, lab. This notice only applies to the WSBscopingcomments@ including, but not limited to, NEPA [42 discrete actions taken by FTA at this soundtransit.org. U.S.C. 4321–4375], Section 4(f) time, as described below. Nothing in FOR FURTHER INFORMATION CONTACT: requirements [23 U.S.C. 138, 49 U.S.C. this notice affects FTA’s previous Mark Assam, FTA Environmental 303], Section 106 of the National decisions, or notice thereof, for this Protection Specialist, phone: (206) 220– Historic Preservation Act [54 U.S.C. project. Final agency actions: Section 4465 or Lauren Swift, Sound Transit

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Central Corridor Environmental Background being readily altered to conform to all Manager, phone: (206) 398–5301. Under 49 U.S.C. 30141(a)(1)(A), a applicable FMVSS. NHTSA has also concluded that each SUPPLEMENTARY INFORMATION: On motor vehicle that was not originally RI who imports and modifies a vehicle February 12, 2019, FTA published a manufactured to conform to all under one of the subject vehicle NOI to prepare an EIS in coordination applicable FMVSS shall be refused eligibility numbers for the first time with Sound Transit for the WSBLE admission into the United States unless must include in the statement of Project in the Federal Register (84 FR NHTSA has decided that the motor conformity and associated documents vehicle is substantially similar to a 3541). The public scoping period on the (‘‘conformity package’’) it submits to the motor vehicle originally manufactured NOI was originally scheduled to end on NHTSA under 49 CFR part 592.6(d) for importation into and/or sale in the March 18, 2019. FTA received requests explicit proof to confirm that the vehicle United States, certified under 49 U.S.C. for additional time to provide was, where applicable, originally comments. In an effort to balance the 30115, and of the same model year as manufactured to conform to, or was need to move forward on the EIS the model of the motor vehicle to be successfully altered to conform to, process in an efficient manner and the compared, and is capable of being FMVSS No. 101, Controls and Displays, need to encourage thorough public readily altered to conform to all FMVSS No. 138, Tire Pressure participation in this scoping process, applicable FMVSS. Monitoring Systems, FMVSS No. 208, FTA will extend the public comment Where there is no substantially Occupant Crash Protection, and FMVSS period to April 2, 2019. This brings the similar U.S.-certified motor vehicle, 49 No. 301, Fuel System Integrity. This public scoping period to a total of 46 U.S.C. 30141(a)(1)(B) permits a proof must include detailed days. Other information contained in nonconforming motor vehicle to be descriptions of all modifications made, the NOI published in the February 12, admitted into the United States if its including a detailed description of 2019 Federal Register has not been safety features comply with, or are systems in place (if any) on the vehicle changed. capable of being altered to comply with, as delivered to the RI, and a similarly all applicable FMVSS based on detailed description of alterations made Linda M. Gehrke, destructive test data or such other Regional Administrator. to the vehicle and said systems, evidence as NHTSA decides to be including photographs of all required [FR Doc. 2019–04278 Filed 3–8–19; 8:45 am] adequate. labeling. The descriptions must also BILLING CODE P Petitions for eligibility decisions may include parts assembly diagrams and be submitted by either manufacturers or associated part numbers for all importers who have registered with DEPARTMENT OF TRANSPORTATION components that were removed from or NHTSA pursuant to 49 CFR part 592. As installed in the vehicle, an accounting specified in 49 CFR part 593.7, NHTSA National Highway Traffic Safety of any computer programming publishes notice in the Federal Register Administration modifications undertaken, and a of each petition that it receives, and description of how compliance was affords interested persons an [Docket No. NHTSA–2019–0005] verified after alteration of the vehicle. opportunity to comment on the petition. Vehicle Eligibility Number for Subject At the close of the comment period, Decision That Certain Nonconforming Vehicles: In order to import a vehicle NHTSA decides, on the basis of the Motor Vehicles Are Eligible for made admissible under any final petition and any comments that it has Importation decision, the importer must indicate to received, whether the vehicle is eligible U.S. Customs and Border Protection that AGENCY: National Highway Traffic for importation. The agency then the vehicle has been determined eligible Safety Administration (NHTSA), notifies the petitioner of its decision by for importation. This is done by Department of Transportation (DOT). letter and publishes public notification indicating the eligibility number, of the decision in the Federal Register. published under that final decision, on ACTION: Grant of petitions. NHTSA received petitions from DOT declaration form HS–7. Vehicle registered importers (RIs) to decide eligibility numbers assigned to vehicles SUMMARY: This document announces whether the vehicles listed in Annex A decisions by NHTSA that certain motor admissible under this decision are to this notice are eligible for importation specified in Annex A. vehicles not originally manufactured to into the United States. To afford an comply with all applicable Federal opportunity for public comment, Authority: 49 U.S.C. 30141(a)(1)(A), Motor Vehicle Safety Standards (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations NHTSA published notice of these of authority at 49 CFR 1.95 and 501.8. (FMVSS) are eligible for importation petitions as specified in Annex A. The into the United States because they are reader is referred to those notices for a Michael A. Cole, substantially similar to vehicles thorough description of the petitions. Acting Director, Office of Vehicle Safety originally manufactured for sale in the Comments: No substantive comments Compliance. United States and certified by their were received in response to the Annex A—Nonconforming Motor manufacturers as complying with the petitions identified in Annex A. safety standards, and are capable of Vehicles Decided To Be Eligible for NHTSA Decision: Accordingly, on the Importation being readily altered to conform to the basis of the foregoing, NHTSA hereby standards. decides that each motor vehicle listed in 1. Docket No. NHTSA–2017–0029 DATES: These decisions became Annex A to this notice, which was not Nonconforming Vehicles: 2014 BMW X3 applicable on the dates specified in originally manufactured to comply with Multipurpose Passenger Vehicles Substantially Similar U.S. Certified Vehicles: Annex A. all applicable FMVSS, is substantially similar to a motor vehicle manufactured 2014 BMW X3 Multipurpose Passenger FOR FURTHER INFORMATION CONTACT: Neil Vehicles for importation into and/or sale in the Notice of Petition Published at: 83 FR 32708 Thurgood, Office of Vehicle Safety United States and certified by its Compliance, NHTSA (202–366–0712). (July 13, 2018) manufacturer under 49 U.S.C. 30115, as Vehicle Eligibility Number: VSP–598 SUPPLEMENTARY INFORMATION: specified in Annex A, and is capable of (effective date September 7, 2018)

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2. Docket No. NHTSA–2017–0074 9. Docket No. NHTSA–2018–0069 DATES: Written comments should be Nonconforming Vehicles: 2012 Mercedes Nonconforming Vehicles: 2008 Jeep Grand submitted by May 10, 2019. Benz CLS 63 AMG Passenger Cars, Cherokee Multipurpose Passenger Vehicles ADDRESSES: You may submit comments manufactured for the Mexican market Substantially Similar U.S. Certified Vehicles: identified by Docket No. DOT–OST– Substantially Similar U.S. Certified Vehicles: 2008 Jeep Grand Cherokee Multipurpose 2019–0036 through one of the following Passenger Vehicles 2012 Mercedes Benz CLS 63 AMG methods: Passenger Cars Notice of Petition Published at: 83 FR 61715 • (November 30, 2018) Federal eRulemaking Portal: http:// Notice of Petition Published at: 83 FR 31033 www.regulations.gov. Follow the online (July 2, 2018) Vehicle Eligibility Number: VSP–606 (effective date February 22, 2019) instructions for submitting comments. Vehicle Eligibility Number: VSP–599 • (effective date September 7, 2018) Fax: 1–202–493–2251. 10. Docket No. NHTSA–2018–0070 • Mail or Hand Delivery: Docket 3. Docket No. NHTSA–2018–0011 Nonconforming Vehicles: 2011 Mercedes- Management Facility, U.S. Department Benz GL550 Multipurpose Passenger Nonconforming Vehicles: 2013 Porsche of Transportation, 1200 New Jersey Vehicles (CMVSS Certified) Panamera Passenger Cars Avenue SE, West Building, Room W12– Substantially Similar U.S. Certified Vehicles: Substantially Similar U.S. Certified Vehicles: 2011 Mercedes-Benz GL550 Multipurpose 140, Washington, DC 20590, between 9 2013 Porsche Panamera Passenger Cars Passenger Vehicles a.m. and 5 p.m., Monday through Notice of Petition Published at: 83 FR 35053 Notice of Petition Published at: 83 FR 61718 Friday, except on Federal holidays. (July 24, 2018) (November 30, 2018) FOR FURTHER INFORMATION CONTACT: Vehicle Eligibility Number: VSP–600 Vehicle Eligibility Number: VSP–607 Audrey Clarke, Ph.D., Associate Director (effective date September 7, 2018) (effective date February 22, 2019) of the Financial Assistance Policy and 4. Docket No. NHTSA–2018–0007 11. Docket No. NHTSA–2018–0088 Oversight Division, M–65, Office of the Nonconforming Vehicles: 2016 Mercedes- Nonconforming Vehicles: 2015 Ferrari 458 Senior Procurement Executive, Office of Benz GL500 Multipurpose Passenger Speciale Aperta Passenger Cars the Secretary, U.S. Department of Vehicles Substantially Similar U.S. Certified Vehicles: Transportation, 1200 New Jersey Substantially Similar U.S. Certified Vehicles: 2015 Ferrari 458 Speciale Aperta Passenger Avenue SE, Washington, DC 20590, 2016 Mercedes-Benz GL500 Multipurpose Cars (202) 366–4268. Refer to OMB Control Passenger Vehicles Notice of Petition Published at: 83 FR 61717 Number 2105–0520. Notice of Petition Published at: 83 FR 61719 (November 30, 2018) SUPPLEMENTARY INFORMATION: (November 30, 2018) Vehicle Eligibility Number: VSP–608 OMB Control Number: 2105–0520. Vehicle Eligibility Number: VSP–601 (effective date February 22, 2019) (effective date February 22, 2019) Title: Uniform Administrative [FR Doc. 2019–04371 Filed 3–8–19; 8:45 am] Requirements, Cost Principles, and 5. Docket No. NHTSA–2018–0008 BILLING CODE 4910–59–P Audit Requirements for Federal Awards. Nonconforming Vehicles: 2016 Chevrolet Form Numbers: SF–424, SF–425, SF– Equinox Multipurpose Passenger Vehicles 270, and SF–271. DEPARTMENT OF TRANSPORTATION Substantially Similar U.S. Certified Vehicles: Type of Review: Revision of a 2016 Chevrolet Equinox Multipurpose Office of the Secretary previously approved collection. Passenger Vehicles Background: This is to request the Notice of Petition Published at: 83 FR 61713 [Docket No. DOT–OST–2019–0036] Office of Management and Budget’s (November 30, 2018) (OMB) renewed three-year approved Vehicle Eligibility Number: VSP–602 Renewal of Information Collection clearance for the information collection, (effective date February 22, 2019) (OMB No. 2105–0520); Agency entitled, ‘‘Uniform Administrative 6. Docket No. NHTSA–2018–0029 Requests for Reinstatement of a Requirements, Cost Principles, and Previously Approved Information Nonconforming Vehicles: 2015 Chevrolet Audit Requirements for Federal Collection(s): Uniform Administrative Awards’’ OMB Control No 2105–0520, Silverado Trucks Requirements for Grants and Substantially Similar U.S. Certified Vehicles: which is currently due to expire on May 2015 Chevrolet Silverado Trucks Cooperative Agreements to State and 31, 2019. This information collection Notice of Petition Published at: 83 FR 61714 Local Governments and for Grants and involves the use of various forms (November 30, 2018) Cooperative Agreements With necessary because of management and Vehicle Eligibility Number: VSP–603 Institutions of Higher Education, and oversight responsibilities of the agency (effective date February 22, 2019) Other Nonprofit Organizations imposed by OMB Circular 2 CFR 200, 7. Docket No. NHTSA–2018–0014 ACTION: Notice and request for Uniform Administrative Requirements, Nonconforming Vehicles: 2005 Chevrolet comments. Cost Principles, and Audit Corvette Passenger Cars Requirements for Federal Awards. The Substantially Similar U.S. Certified Vehicles: SUMMARY: The Department of May 31, 2015 OMB Control Number is 2005 Chevrolet Corvette Passenger Cars Transportation (DOT) invites public titled: Uniform Administrative Notice of Petition Published at: 83 FR 61711 comments about our intention to request Requirements, Cost Principles, and (November 30, 2018) the Office of Management and Budget Audit Requirements for Federal Awards Vehicle Eligibility Number: VSP–604 (OMB) approval for a previously (OMB 2 CFR 200). These guidelines (effective date February 22, 2019) approved information collection. These cover the following data collection 8. Docket No. NHTSA–2018–0013 forms include Application for Federal standard forms (SF): Application for Assistance (SF–424), Federal Financial Federal Assistance (SF–424); Federal Nonconforming Vehicles: 2015 Bentley Financial Report (SF–425); Request for Continental Passenger Cars Report (SF–425), Request for Advance Substantially Similar U.S. Certified Vehicles: or Reimbursement (SF–270), and Outlay Advance or Reimbursement (SF–270); 2015 Bentley Continental Passenger Cars Report and Request for Reimbursement and Outlay Report & Request for Notice of Petition Published at: 83 FR 61710 for Construction Programs (SF–271). Reimbursement for Construction (November 30, 2018) We are required to publish this notice Programs (SF–271). Vehicle Eligibility Number: VSP–605 in the Federal Register by the No adjustments have been made to (effective date February 22, 2019) Paperwork Reduction Act of 1995. the burden estimates. In 2015, the

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Department estimated a combined total following collection of information on days after the 30-day notice is of 1,758 respondents and 123,060 December 20, 2018 (83 FR 65393). The published. 44 U.S.C. 3507(b)–(c); 5 CFR burden hours. Therefore the 2019 purpose of this notice is to allow the 1320.12(d); see also 60 FR 44978, 44983 burden estimates will remain the same. public an additional 30 days from the (Aug. 29, 1995). OMB believes that the Respondents: Grantees. date of this notice to submit comments 30-day notice informs the regulated Number of Respondents: 1,758. to the recently published application to community to file relevant comments Number of Responses: 7,030. renew ICR 2105–0551, ‘‘Reporting and affords the agency adequate time to Total Annual Burden: 123,060. Requirements for Disability-Related digest public comments before it Public Comments Invited: You are Complaints.’’ renders a decision. 60 FR 44983 (Aug. asked to comment on any aspect of this DATES: Comments on this notice must be 29, 1995). Therefore, respondents information collection, including (a) received by April 10, 2019. should submit their respective comments to OMB within 30 days of Whether the proposed collection of ADDRESSES: Your comments should be publication to best ensure their full information is necessary for the identified by Docket No. DOT–OST– consideration. 5 CFR 1320.12(c); see Department’s performance; (b) the 2010–0054 and should be submitted also 60 FR 44983 (Aug. 29, 1995). The accuracy of the estimated burden; (c) through one of the following methods: ways for the Department to enhance the • Federal eRulemaking Portal: http:// summaries below describe the nature of quality, utility and clarity of the www.regulations.gov. Follow the online the ICR and the expected burden. information collection; and (d) ways OMB Control Number: 2105–0551. instructions for submitting comments. Title: Reporting Requirements for that the burden could be minimized • Office of Management and Budget, without reducing the quality of the Disability-Related Complaints. Attention: Desk Officer for U.S. Type of Request: Renewal of collected information. Department of Transportation, Office of The agency will summarize and/or Information Collection. the Secretary of Transportation, 725 Background: On July 8, 2003, the include your comments in the request 17th Street NW, Washington, DC 20503. Office of the Secretary published a final for OMB’s clearance of this information • _ Email: oira submission@ rule that requires certificated U.S. and collection. omb.eop.gov. • foreign air carriers operating to, from Authority: The Paperwork Reduction Act Fax: (202) 395–5806. and within the U.S. that conduct of 1995, Public Law 104–13; 44 U.S.C. FOR FURTHER INFORMATION CONTACT: passenger-carrying service utilizing at Chapter 35, as amended; and 49 CFR 1:48. Maegan Johnson, Office of the General least one large aircraft to record Issued in Washington, DC, on March 5, Counsel, Office of the Secretary, U.S. complaints that they receive alleging 2019. Department of Transportation, 1200 inadequate accessibility or Audrey Clarke, New Jersey Avenue SE, Washington, DC discrimination on the basis of disability. Associate Director, Financial Assistance 20590, 202–366–9342 or The carriers must also categorize these Policy and Oversight, Office of the Senior [email protected]. Arrangements complaints according to the type of Procurement Executive. to receive this document in an disability and nature of complaint, [FR Doc. 2019–04381 Filed 3–8–19; 8:45 am] alternative format may be made by prepare a summary report annually of BILLING CODE 4910–9X–P contacting the above-named individual. the complaints received during the SUPPLEMENTARY INFORMATION: The preceding calendar year, submit the Paperwork Reduction Act of 1995 (PRA) report to the Department’s Aviation DEPARTMENT OF TRANSPORTATION and its implementing regulations, 5 CFR Consumer Protection Division, and part 1320, require Federal agencies to retain copies of correspondence and [Docket No. DOT–OST–2010–0054] issue two notices seeking public records of action taken on the reported Renewal of Information Collection comment on information collection complaints for three years. The rule (OMB No. 2105–0551); Agency Request activities before OMB may approve requires carriers to submit their annual for Renewal of Previously Approved paperwork packages. 44 U.S.C. 3506, report via the World Wide Web except Information Collections: 3507; 5 CFR 1320.5, 1320.8(d)(1), if the carrier can demonstrate an undue Nondiscrimination on the Basis of 1320.12. On December 20, 2018, OST burden by doing so and receives Disability in Air Travel: Reporting published a 60-day notice in the Federal permission from the Department to Requirements for Disability-Related Register soliciting comment on ICRs for submit it in an alternative manner. The Complaints which the agency was seeking OMB first required report covered disability- approval. See 83 FR 65393. OST related complaints received by carriers AGENCY: Office of the Secretary (OST), received no comments after issuing this during calendar year 2004, which was Department of Transportation notice. Accordingly, the Department has due to the Department on January 31, (Department or DOT). not made any changes to its anticipated 2005. Carriers have been required to ACTION: Notice and request for burden hours for the respondents to submit all subsequent reports on the last comments. comply with these requirements. The Monday in January for the prior Department announces that these calendar year. On March 7, 2016, OMB SUMMARY: In compliance with the information collection activities have approved information collection of Paperwork Reduction Act of 1995, the been re-evaluated and certified under 5 disability-related complaints, Department of Transportation’s Office of CFR. 1320.5(a) and is forwarding to ‘‘Reporting Requirements for Disability- the Secretary is forwarding the OMB for review and approval pursuant related Complaints’’ through March 31, Information Collection Request (ICR) to 5 CFR 1320.12(c). 2019. The application to renew this described below to the Office of Before OMB decides whether to information collection request was Management and Budget (OMB) for approve these proposed collections of published in the Federal Register on approval. The ICR describes the nature information, it must provide 30 days for Thursday, December 20, 2018, 83 FR of the information and the expected public comment. 44 U.S.C. 3507(b); 5 65393. burden. OST published a Federal CFR 1320.12(d). Federal law requires Respondents: Certificated U.S. and Register notice with a 60-day comment OMB to approve or disapprove foreign air carriers operating to, from, period soliciting comments on the paperwork packages between 30 and 60 and within the United States that

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conduct passenger-carrying service with large aircraft.

Number of respondents (an average of the Requirements total number of Frequency Estimated annual burden Estimated total annual burden respondents that reported over the past three years)

Record and Categorize 177 0–6,444 Complaints (a range of the 8,148 hours (488,880 minutes) (time 8,148 hours (488,880 minutes) (time Complaints Received. lowest number of complaints and for all respondents to record and for all respondents to record and an average of the highest number categorize each complaint [15 categorize each complaint [15 of complaints received over the minutes] multiplied by the aver- minutes] multiplied by the aver- past three years). age total number of complaints age total number of complaints received over the past three received over the past three years [32,591] for all respond- years [32,591] for all respond- ents). ents). Prepare and Submit Annual 177 1 report to DOT/year (for each re- 30 minutes a year (per each re- 88.5 hours (5,310 minutes) (esti- Report. spondent). spondent). mated annual burden for all re- spondents [30 minutes] multiplied by the total number of respond- ents). Retain Correspondences 177 0–6,444 Complaints/year (A range 0–537 hours (0–to 32,220 minutes) 2,716 hours (162,955 minutes) (the and Record of Action of the lowest number of com- (the estimated time it will take for estimated time it will take for all Taken. plaints and an average of the each respondent to retain or save respondents to retain or save the highest number of complaints re- the correspondences and records correspondences and records of ceived over the past three years of action taken on disability-re- action taken on disability-related for each respondent). lated complaints [5 minutes] multi- complaints [5 minutes] multiplied plied by the lowest number of by the average total number of complaints and the average high- complaints received over the past est number of complaints re- three years [32,591] for all re- ceived per respondent over the spondents). past three years [0–6,444]).

Comments are invited on: (a) Whether Facilities Management, is seeking climatic and seismic conditions, the collection of information is nominations of qualified candidates to relevant existing information, and necessary for the proper performance of be considered for appointment to the current research. the functions of the Department, Advisory Committee on Structural (3) Recommending changes to the including whether the information will Safety of Department Facilities (‘‘the current VA standards for structural have practical utility; (b) the accuracy of Committee’’). safety, on a state or regional basis. the Department’s estimate of the burden DATES: Nominations for membership on (4) Recommending the engagement of of the proposed information collection; the Committee must be received no later the services of other experts or (c) ways to enhance the quality, utility than 5:00 p.m. EST on March 25, 2019. consultants to assist in preparing reports and clarity of the information to be on present knowledge in specific ADDRESSES: All nominations should be collected; and (d) ways to minimize the technical areas. submitted to Mr. Juan Archilla by email burden of the collection of information (5) Reviewing of questions regarding at [email protected]. on respondents, including the use of the application of codes and standards automated collection techniques or FOR FURTHER INFORMATION CONTACT: Mr. and making recommendations regarding other forms of information technology. Juan Archilla, Office of Construction new and existing facilities when All comments will also become a matter and Facilities Management (CFM), requested to do so by VA. of public record. Department of Veterans Affairs, via Authority: The Committee was email at [email protected], or via established in accordance with 38 Issued in Washington, DC, on March 4, telephone at (202) 632–5967. A copy of 2019. U.S.C. 8105, to provide advice to the the Committee charter and list of the Habib Azarsina, Secretary on all matters of structural current membership can be obtained by safety in the construction and altering of OST PRA Clearance Officer. contacting Mr. Archilla or by accessing [FR Doc. 2019–04384 Filed 3–8–19; 8:45 am] medical facilities and recommends the website: http://www.va.gov/ standards for use by VA in the BILLING CODE 4910–9X–P _ _ _ ADVISORY/Advisory Committee on construction and alteration of facilities. Structural_Safety_of_Department_of_ _ _ _ Nominations of qualified candidates are Veterans Affairs facilities being sought to fill current and DEPARTMENT OF VETERANS Statutory.asp. upcoming vacancies on the Committee. AFFAIRS SUPPLEMENTARY INFORMATION: In Membership Criteria and Professional Solicitation of Nominations for carrying out the duties set forth, the Qualifications: CFM is requesting Appointment to the Advisory Committee responsibilities include: nominations for current and upcoming Committee on Structural Safety of (1) Providing advice to the Secretary vacancies on the Committee. The Department of Veterans Affairs (VA) of VA on all matters of structural safety Committee is composed of five Facilities in the construction and altering of members, in addition to ex-officio medical facilities and recommending members. The Committee is required to ACTION: Notice. standards for use by VA in the include at least one architect and one construction and alteration of facilities. structural engineer who are experts in SUMMARY: The Department of Veterans (2) Reviewing of appropriate State and structural resistance to fire, earthquake, Affairs (VA), Office of Construction and local laws, ordinances, building codes, and other natural disasters and who are

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not employees of the Federal All members will receive travel Tuesday. The meeting will begin at 8:30 Government. To satisfy this requirement expenses and a per diem allowance in a.m. EST and adjourn at 12:00 p.m. EST and ensure the Committee has the accordance with the Federal Travel on Wednesday. The meeting is open to expertise to fulfill its statutory Regulation for any travel made in the public. objectives, VA seeks nominees from the connection with their duties as The purpose of the Committee is to following professions at this time: members of the Committee. provide advice to the Secretary on the (1) GEOTECHNICAL ENGINEER: The Department makes every effort to rehabilitation needs of Veterans with Candidate must be an expert in ensure that the membership of its disabilities and on the administration of earthquake geotechnical engineering Federal advisory committees is fairly VA’s rehabilitation programs. and foundation engineering, with balanced in terms of points of view On March 25–26, 2019, Committee experience in the topics of liquefaction, represented and the committee’s members will be provided with updated earthquake ground motions, soil- function. Every effort is made to ensure briefings on various VA programs structure interaction, and soil that a broad representation of designed to enhance the rehabilitative improvement. A practicing, licensed geographic areas, gender, racial and potential of disabled Veterans. On Professional Engineer with a focus on ethnic minority groups, and the March 26, 2019, the Committee will geotechnical engineering is required; disabled are given consideration for begin consideration of potential and membership. Appointment to this recommendations to be included in the (2) FIRE SAFETY ENGINEER: Committee shall be made without Candidate must be an expert in fire Committee’s next annual report. On discrimination because of a person’s March 27, 2019, the Committee will go protection engineering and building race, color, religion, sex (including codes and standards, in particular on a tour of the St. Petersburg Regional gender identity, transgender status, related to the National Fire Protection Office and continue consideration of sexual orientation, and pregnancy), Association (NFPA). A practicing, potential recommendations to be national origin, age, disability, or licensed Professional Engineer with included in the Committee’s next genetic information. Nominations must expert knowledge in fire protection annual report. state that the nominee is willing to serve systems and experience with life safety Although no time will be allocated for as a member of the Committee and requirements is required. Prior receiving oral presentations from the appears to have no conflict of interest experience serving on nationally public, members of the public may that would preclude membership. An recognized professional and technical submit written statements for review by ethics review is conducted for each committees is also desired. the Committee to Latrese Arnold, selected nominee. Designated Federal Officer, Veterans Requirements for Nomination Dated: March 6, 2019. Benefits Administration (28), 810 Submission Jelessa M. Burney, Vermont Avenue NW, Washington, DC Nominations should be type written Federal Advisory Committee Management 20420, or via email at Latrese.Arnold@ (one nomination per nominator). Officer. va.gov. In the communication, writers Nomination package should include: (1) [FR Doc. 2019–04305 Filed 3–8–19; 8:45 am] must identify themselves and state the A letter of nomination that clearly states BILLING CODE P organization, association or person(s) the name and affiliation of the nominee, they represent. Because the meeting is the basis for the nomination (i.e. specific being held in a government building, a attributes which qualify the nominee for DEPARTMENT OF VETERANS photo I.D. must be presented as part of service in this capacity), and a statement AFFAIRS the clearance process. Due to an from the nominee indicating a increase in security protocols, and in willingness to serve as a member of the Veterans’ Advisory Committee on order to prevent delays in clearance Committee; (2) the nominee’s contact Rehabilitation; Notice of Meeting, processing, you should allow an information, including name, mailing Amended additional 30 minutes before the address, telephone numbers, and email meeting begins. Any member of the address; (3) the nominee’s curriculum The Department of Veterans Affairs public who wishes to attend the meeting vitae, and (4) a summary of the (VA) gives notice under the Federal should RSVP to Latrese Arnold at (202) nominee’s experience and qualification Advisory Committee Act, that a meeting 461–9773 no later than close of relative to the professional of the Veterans’ Advisory Committee on business, March 18, 2019, at the phone qualifications criteria listed above. Rehabilitation (VACOR) will be held on number or email address noted above. Monday thru Wednesday, March 25–27, Membership Terms 2019, at the Bay Pines VA Healthcare Dated: March 6, 2019. Individuals selected for appointment System located at 10000 Bay Pines LaTonya L. Small, to the Committee shall be invited to Blvd., Bay Pines, FL 33744 in the Federal Advisory Committee Management serve a two-year term. At the Secretary’s Auditorium of Building 20. The meeting Officer. discretion, members may be will begin at 8:30 a.m. EST and adjourn [FR Doc. 2019–04324 Filed 3–8–19; 8:45 am] reappointed to serve an additional term. at 4:30 p.m. EST on Monday and BILLING CODE P

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Part II

The President

Executive Order 13862—Revocation of Reporting Requirement

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Federal Register Presidential Documents Vol. 84, No. 47

Monday, March 11, 2019

Title 3— Executive Order 13862 of March 6, 2019

The President Revocation of Reporting Requirement

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Findings. (a) Section 3 of Executive Order 13732 of July 1, 2016 (United States Policy on Pre- and Post-Strike Measures To Address Civilian Casualties in U.S. Operations Involving the Use of Force), requires the Director of National Intelligence, or such other official as the President may designate, to release, by May 1 each year, an unclassified summary of the number of strikes undertaken by the United States Government against terrorist targets outside areas of active hostilities, as well as assessments of combatant and non-combatant deaths resulting from those strikes, among other information. (b) Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) similarly requires the Secretary of Defense to submit to the congressional defense committees, by May 1 each year, a report on civilian casualties caused as a result of United States military operations during the preceding year (civilian casualty report). Subsection 1057(d) requires that the civilian casualty report be submitted in unclassified form, but recognizes that the report may include a classified annex. (c) Section 1062 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) expanded the scope of the civilian casualty report and specified that the report shall be made available to the public unless the Secretary of Defense certifies that the publication of the report would pose a threat to the national security interests of the United States. Sec. 2. Revocation of Reporting Requirement. Section 3 of Executive Order 13732 is hereby revoked. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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

THE WHITE HOUSE, March 6, 2019.

[FR Doc. 2019–04595 Filed 3–8–19; 11:15 am] Billing code 3295–F9–P

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Reader Aids Federal Register Vol. 84, No. 47 Monday, March 11, 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. 8413, 8414, 8415 Presidential Documents 3 CFR 73...... 8251 Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: The United States Government Manual 741–6000 9845...... 8227 39 ...... 6981, 6984, 7832, 7835, 9846...... 8229 Other Services 8482 9847...... 8241 71 ...... 6987, 7306, 7308, 7837, 741–6020 Electronic and on-line services (voice) 9848...... 8583 7839 Privacy Act Compilation 741–6050 Executive Orders: 73...... 7840 13860...... 8407 15 CFR ELECTRONIC RESEARCH 13861...... 8585 13862...... 8789 Proposed Rules: World Wide Web Administrative Orders 774...... 8485 Notices: 930...... 8628 Full text of the daily Federal Register, CFR and other publications Notice of March 4, is located at: www.govinfo.gov. 2019 ...... 7975 16 CFR Federal Register information and research tools, including Public Notice of March 4, Proposed Rules: Inspection List and electronic text are located at: 2019 ...... 7977 24...... 8045 www.federalregister.gov. Notice of March 5, 17 CFR 2019 ...... 8245 E-mail 270...... 7980 5 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 274...... 7980 Mailing List) is an open e-mail service that provides subscribers Proposed Rules: 18 CFR with a digital form of the Federal Register Table of Contents. The 532...... 8043 digital form of the Federal Register Table of Contents includes 4...... 7988 HTML and PDF links to the full text of each document. 7 CFR 11...... 7988 51...... 8589 37...... 8156 To join or leave, go to https://public.govdelivery.com/accounts/ 45...... 7274 USGPOOFR/subscriber/new, enter your email address, then 52...... 8589 210...... 6953, 8247 46...... 7274 follow the instructions to join, leave, or manage your Proposed Rules: subscription. 235...... 6953, 8247 986...... 8409 33...... 7309 PENS (Public Law Electronic Notification Service) is an e-mail 1000...... 8590 21 CFR service that notifies subscribers of recently enacted laws. 1145...... 6961 573...... 7991 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: and select Join or leave the list (or change settings); then follow 301...... 7304 884...... 7993 the instructions. 1214...... 8627 Proposed Rules: 864...... 8047 FEDREGTOC and PENS are mailing lists only. We cannot 1216...... 8628 respond to specific inquiries. 9 CFR 22 CFR Proposed Rules: Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 160...... 8476 121...... 8486 The Federal Register staff cannot interpret specific documents or 161...... 8476 25 CFR regulations. 162...... 8476 575...... 6967 10 CFR FEDERAL REGISTER PAGES AND DATE, MARCH 26 CFR 429...... 8411 1...... 7283 6953–7260...... 1 430...... 8411 Proposed Rules: 7261–7792...... 4 Proposed Rules: 1 ...... 6988, 8050, 8051, 8188, 7793–7978...... 5 40...... 6979 8488 7979–8244...... 6 73...... 6980 20...... 8278 8245–8408...... 7 12 CFR 301...... 8488 8409–8588...... 8 29 CFR 8589–8790...... 11 1005...... 7979 1248...... 7793 Proposed Rules: Proposed Rules: 1206...... 6989 1026...... 8479 1910...... 8633 1915...... 8633 14 CFR 1917...... 8633 25...... 8248 1918...... 8633 39 ...... 6962, 7261, 7264, 7266, 1926...... 8633 7269,7272, 7801, 7804, 8250, 8591, 8598, 8605 30 CFR 71 ...... 6965, 6966, 7274, 7808, 1241...... 8416

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32 CFR 63...... 6996 271...... 7010 Proposed Rules: 1...... 8497 48...... 7810 38 CFR 42 CFR 337...... 6968 64...... 7315 17...... 7813, 8254 59...... 7714 76...... 8278 33 CFR Proposed Rules: Proposed Rules: 100 ...... 7285, 7810, 8607 4...... 7844 Chapter IV ...... 8657 48 CFR 406...... 7610 110...... 7810 39 CFR 117...... 8418 407...... 7610 Proposed Rules: 147...... 7810 3020...... 7815 422...... 7610, 8069 6106...... 7861 165 .....6969, 6972, 7285, 7288, Proposed Rules: 423...... 7610 7290, 7292, 7810, 7995, 111...... 7005 431...... 7610 49 CFR 7997, 8252, 8420 3050...... 8066 438...... 7610 457...... 7610 172...... 8006 Proposed Rules: 40 CFR 173...... 8006 100 ...... 6989, 7310, 8641 482...... 7610 380...... 8029 117...... 6992, 7842 49...... 7823 485...... 7610 383...... 8463 165 ...... 6994, 8051, 8489 51...... 8422 52 ...... 7299, 7823, 7998, 8257, 43 CFR 384...... 8463 34 CFR 8260, 8422, 8610 10...... 6975 Proposed Rules: 400...... 7294 60...... 8260 391...... 8497 45 CFR 401...... 7294 61...... 8260 62...... 8001, 8262 1148...... 8003 402...... 7294 50 CFR 403...... 7294 63 ...... 7682, 7825, 8260 Proposed Rules: 406...... 7294 70...... 8260 Subtitle A ...... 8657 217...... 8263 410...... 7294 180...... 8611 156...... 7610 300...... 8624 411...... 7294 271...... 8260 170...... 7424 622...... 7827, 7828 413...... 7294 281...... 8260 171...... 7424 635...... 7302 461...... 6974 Proposed Rules: 648...... 8625 47 CFR Proposed Rules: 52 ...... 7313, 7846, 7854, 7858, 679 ...... 6978, 7303, 8474, 8626 Ch. III...... 8054, 8059 8491, 8492, 8643, 8645, 1...... 8617 Proposed Rules: 8647, 8654 27...... 8443 218...... 7186 36 CFR 63...... 8069 36...... 6977 300...... 7323 Proposed Rules: 81...... 8492 54...... 8003, 8619 622...... 7864 60...... 6996 258...... 8496 64...... 8457 648...... 8282

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Register but may be ordered S. 483/P.L. 116–8 enacted public laws. To in ‘‘slip law’’ (individual Pesticide Registration subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the Improvement Extension Act of listserv.gsa.gov/archives/ Superintendent of Documents, 2018 (Mar. 8, 2019; 133 Stat. publaws-l.html This is a continuing list of U.S. Government Publishing 484) public bills from the current Office, Washington, DC 20402 Last List February 26, 2019 session of Congress which Note: This service is strictly have become Federal laws. (phone, 202–512–1808). The for E-mail notification of new This list is also available text will also be made Public Laws Electronic laws. The text of laws is not online at http:// available on the Internet from Notification Service available through this service. www.archives.gov/federal- GPO’s Federal Digital System (PENS) PENS cannot respond to register/laws. (FDsys) at http://www.gpo.gov/ specific inquiries sent to this fdsys. Some laws may not yet The text of laws is not PENS is a free electronic mail address. be available. published in the Federal notification service of newly

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